2nd March 1835
Reference Numbert18350302-814
VerdictGuilty > unknown

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814. FREDERICK MUFFETT was indicted for stealing, on the 3rd of February, 1 watch, value 50s.; 1 chain, value 6d.; 1 key, value 2d.; and 1 shawl, value 6s.; the goods of William Murrells.

SARAH MURRELLS . I am the wife of William Murrells, of Marshall-street, Golden-square—he is a saddler. I know the prisoner's mother, and I had seen him once before—on Tuesday, the 3rd of February, he came and said he was very sorry to tell me, his father had been arrested that morning, that his mother had no shawl to put on, and she would be obliged if I would lend her one—I said I would—he then asked me if I would let him write a note to Miss Sarah, a young woman in Jermyn-street—I said "Yes;" and asked him into the room, and put the pen and ink on the table—he took a bit of paper from his pocket, and sat down to write—he then asked me to go and buy a pen, and said he could not write with the one I gave him, which was a steel pen—he put a halfpenny down on the table, but I did not go, and he finished the note—it was then a quarter to six o'clock in the evening—I gave him a piece of sealing-wax, and he sealed it—he then got up, put the shawl which I had given him under his arm, and opened the parlour door—he turned back and said, "Your candle wants snuffing"—(there was a candle alight on the table)—he snuffed the candle out—my husband's watch was lying on the table when he snuffed the candle out—I had a fire, but not enough to light the room—I did not see him take the watch, but I heard the chain draw along the table—I said, "You have got my watch"—he made no answer—I put my hand on the table, and said again, "You have got the watch"—he banged the door, and before I could open the door, he was gone out of the street door—the watch was gone also.

Cross-examined by MR. PHILLIPS. Q. Is your husband a saddler, or a saddler's apprentice? A. A saddler's apprentice—when the Magistrate asked if he was an apprentice, we said yes—I have been married four months on the 26th of October—before that, I lived at Mr. Davis's, No. 23, Jermyn-street—I did not tell the prisoner that; his mother used to come to see me when I was servant there—that is how I knew her.

Q. Was Colonel Nicholson there? A. Yes—my husband is a middling-size—I married him because I liked him—I have always said so.

Q. Have you never said that you married him because Colonel Nicholson had reasons? A. To whom, Sir? Perhaps I said it to a good many that I was going to get married.

Q. Did you ever say to any body that you married at Colonel Nicholson's request, he having good reasons for wishing it? A. No—I had only seen the prisoner once before—he knocked at the door—I swear that—there is not any body that lives in the house here—he came to ask me to lend him the shawl for his mother—I knew his mother.

Q. How soon afterwards did you accuse him? A. I went down directly, and told my husband—I had not told him my husband would be out—he was not taken up for more than a week—I had not met him at Mrs. Barnes's—she is married, and living in Jermyn-street—her husband has not been at home lately—she had lodged in the first floor at Mr. Davies's when I lived servant there.

Q. What do you call "lately?" How long is it since you knew Mr.

Barnes living at home? A. I cannot say—he lived with her when I went to live at Mr. Davies's—he lived there a month or two, and then he went into the country—no one introduced me to the prisoner—I met him at Mrs. Barnes's—Miss Freeman was there—she lives with Mrs. Barnes—the prisoner's mother and I were there—Mrs. Barnes was out. (See page 820.)

Q. How did he know where you lived? A. He went to the foreman where my husband works, and he told him where I lived, next door to a pork-shop—my name is Sarah Murrells—I did not know where the prisoner lived then, but Miss Freeman knew—I was not dressing at the time the prisoner came in—I had not appointed to take a walk with him that evening—he did not say any thing about having no money.

Q. And you did not say, "Curse the money, I will give you something with which you can get money?" A. I said nothing about it, Sir—Oxenden-street, Haymarket, was not mentioned at all in this—I did not promise to go to Oxenden-street after this conversation—I did not say a word about it—I did not make any appointment—I was not dressing.

Q. The prisoner desires me to ask you whether, in place of his snuffing the candle out, you did not put it out with your sleeve in some awkward way? A. No, Sir, I did not—Marshall-street is a thoroughfare—there are a few shops—there are some open, and policemen going backwards and forwards.

Q. Why did not you give an alarm? A. While I was opening the parlour door he got out at the street door—I got to it in half a minute, but he was out of sight—he got round the corner—there were no people in the street—not just then—there might be people in the house—I have no doubt there were—I have not a bell for my door particularly—I do not know how it happened that I went to the door—I did not expect my husband till eight o'clock—he never leaves work till eight o'clock—I did not tell the prisoner so, but that evening when we were at Miss Freeman's, we were talking about it—my husband gave the prisoner in charge by my desire—I did not cry and beg him not to give the prisoner in charge—the policeman's number was 75 S.

Q. Then you did not in the presence of that man and the Serjeant beg your husband not to give the prisoner in charge? A. No.

WILLIAM MURRELLS . I am husband of the last witness. She gave me information, and I went to the prisoner's house, No. 15, Park-terrace, Camden-town—I knocked at the door, a little girl opened it—I inquired if Mrs. Muffett was at home—she said she did not know, she thought she was—while she was talking, the prisoner's mother opened the parlour door—there are two rooms which they occupy—one opens into another—I inquired of her about the watch and shawl, and said, "Is he at home?"—she said, "He is not"—I said, "I have every reason to believe he is in the next room, have you any objection to my going in?"—I went in, and saw the prisoner run behind the curtain, and his mother pulling the curtain as if to conceal him, in the act of concealing him—I told my wife to call in the policeman who was waiting outside, and he came in—I did not go into the room first, because the prisoner's father came and stood before the door, and said, "What do you want?"—I told him I wanted his son—I told the policeman I saw the prisoner in the room—I was standing between the two rooms—he went and touched the prisoner on the shoulder, and said, "You are charged with felony"—he said, "Hands off me"—he said again, "You are charged with felony, for stealing this young man's watch and shawl"—I replied, "Yes, I give you in charge"—says he, "Do not give me in charge, my

father will make the property good to you in a day or two"—I went to the policeman, and went to that house, and made that charge from what my wife told me—she did not beg me not to give the charge—when he said, "Do not give me in charge, for my father will make the property good to you in a day or two," I said, "It is no use, I am determined"—he then went into the room, and asked permission to put his boots on—I went into the passage to speak to my wife, and when I came in again he was sitting down—he rose up, put his hands together, and said, "Pray do not give me in charge, for my father will make the property good to you in a day or two.

Cross-examined. Q. Is there any truth in the assertion that your wife cried? A. When we were going to the station-house she did very much—she did not beg me not to press the charge against the prisoner, for I stopped her—his father spoke to my wife, and said, "Pray upon your husband, and do not let him give him in charge"—my wife was crying, I cried, and the father cried—we were all crying.

HENRY CARTY (police-constable S 75.) I went to the prisoner's house with the last witness on the 15th of February—I was called in by the prosecutor's wife—I came into the front parlour—his father stood in the parlour door—he begged me not to go in—the prosecutor told me he saw the prisoner inside the back room—I went in, and said to him, "You are my prisoner, for felony"—he asked who gave charge of him for felony—I pointed to the prosecutor, and said, "He gives charge of you, for stealing a watch and shawl"—he said, "Pray do not give charge of me, my father and mother will make the property good to you."

Cross-examined. Q. Did the wife say any thing to you? A. She said that was the prisoner—I did not hear her beg of her husband not to press the charge—I did not see her cry, nor the prosecutor, nor the prisoner's father—his father was very much agitated—I did not see any of them cry—I was not crying—the tears came into the prisoner's eyes.

Prisoner's Defence. The accusation is false against me—Sarah Murrells can make it all clear if she likes—the shawl she lent me—I met her at Mrs. Barnes's with Miss Freeman—my mother was not there—the proseutrix was there, and I got into conversation with her—some time afterwards my mother came, and they all went up stairs to the other apartment, and she made an appointment with me to call and see her—she told me the number, but I forgot it; I went to the saddler's, and asked the number, and I went there—she was dressing herself—she never opened the door—she told me to come to the back parlour door, and tap, and call Sarah—she was dressing—she had not her gown on—she appointed me to meet her in Coventry-court—there was a shop next door, and every thing—I was accused of slamming the door—I walked quietly out—the street was full of people.

COURT to SARAH MURRELLS. Q. Did you give him the watch for any purpose whatever? A. No, Sir, not in the least—that I swear positively—I never had any agreement to meet him.

GUILTY . Aged 23.— Transported for Seven Years.

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