The Proceedings of the Old Bailey

 

789.   THOMAS DENNY and   WILLIAM KINGATE were indicted for stealing, on the 5th of December, 518lbs. weight of printed paper, value 24l., the goods of   John Young and another, their masters.

MR. CLARKSON conducted the Prosecution.

  JOHN YOUNG . I am partner with Mr. Charles Knight. We are publishers, carrying on business in Ludgate-street—we have a warehouse in Cornwall-road, Lambeth—Kingate has been in our service, as warehouseman and porter, upwards of two years—he was employed great part of his time at the warehouse in Cornwall-road—we have a very large quantity of publications there in quires, and amongst the rest, nearly the whole of the stock of the Penny Cyclopæedia—there is a particularly large number of surplus volumes of Nos 1 and 16 of that work—up to the 31st of December Mr. How had the entire superintendence of the property at the warehouse in Cornwall-road—he then left, and went into business with another gentleman in Fleet-street—in July last Mr. How directed Kingate to take stock at the warehouse, in conjunction with another person from the house in Ludgate-street—Kingate must have known then that there was a large surplus of Nos. 1 and 16 of the Penny Cyclopædia there—I believe he did not know it before—a person, named Durrant, slept on the premises at the warehouse, and had the charge of the premises at night—I saw about 9cwt. of paper at Union-hall, which is our property—it had never been sold, nor made up for sale—it was part of the stock from our warehouse, and is in sheets, as we keep our stock there—we are the sole publishers and proprietors of the Penny Cyclopædia—I never authorised either of the prisoners to sell any portion of it—Kingate was discharged on the 5th of December—I gave him warning a fortnight before—I had not at that time found out that any felony had been committed by him—neither of the prisoners had any authority to sell any waste paper of any kind.

Cross-examined by MR. BODKIN. A. Is not the Penny Cyclopædia published by a society? A. It is published under the superintendence of a society, but it is our own property.

  CHARLES KNIGHT . I am in partnership with Mr. Young—I saw some of our Penny Cyclopædia at Mr. Pegg's, a stationer, in Upper Ground-street—heis a purchaser of materials for paper-making—he buys ropes and waste paper—I went with the offiecr there on the 23rd of December, and found ten luindles of paper there—I think about five or six cwt.—the

value of the paper and print of what I saw at Pegg's, and afterward at Hatherway's, was upwards of 100l.—I never authorised either of the prisoners to sell these or any other articles as waste paper.

Cross-examined. Q. Did you see Mr. Pegg? A. Yes—he was exceedingly willing to show every thing—we traced from Mr. Hatherwgy, that Mr. Pegg had sold some to him—Mr. Pegg was taken as a witness on the part of the prosecution, and examined.

JEREMIAH How. I am a partner with Mr. Parsons—we are publishers in Fleet-street—I was the superintendent at Mr. Knight's, till the end of December—I had the control of their warehouse in the Cornwall-road—Kingatewas in the prosecutor's employ, and was principally at the ware-house—in July last, it became desirable to take stock there, and Kingate was employed to do it—that would enable him to ascertain the number of volumes of the Penny Cyclopaedia which were there—the whole stock went under his eye—I do not know that it was removed at all, but it must have been referred to, to ascertain the quantity—Denny was recommended to us by Kingate, as we wanted assistance about the spring of last year—I knew him by sight before, but had not employed him—he was employed occasionally, and paid by the day—I authorized his being engaged, and he went to assist Kingate at the warehouse, or at the house in Ludgate-street, but not without my authority—Kingate had no authority to aet him on, either at the warehouse or at Ludgate-street, without receiving orders from me—Denny continued as an occasional servant up to the time of his apprehension.

Q. Did you ever find Denny where you did not expect to find him? A. Yes, once at the warehouse in Cornwall-road—Kingate was at work there at the time—I complained to Kingate, and to the shopman who paid Denny, for employing Denny there without my orders—I asked Denny how he came there, he said Kingate had employed him—I told Kingate he had no right to have him there, as he well knew, without my authority, and I sent Denny away—I never authorized either of the prisoners to sell waste paper.

Cross-examined. Q. Was it at the house in Ludgate-street that you desired Denny to go away? A. No, at the warehouse, I am quite sure—on another occasion I sent him away from Ludgate-street—after that I sanctioned his services, when he was wanted—there is a person named Wakefield in the prosecutor's service—he is shopman at Lndgate-street—I never heard him say that he had promised Denny a job the first opportunity, and from that Denny was employed—Kingite ought to have gone to the house in Ludgate-street every day, and then to have come to the ware-house, but on magazine days, and busy times, he was kept at the house—when stock was taken, opportunity was given to Kingate to see the publications at the warehouse—no person was employed in that but Kingate, and Denny when he assisted him—the general stock of the house was kept there—there are three or four printers and persons employed there, but not in the warehouse part.

MR. CLARKSON. Q. Would you be more or less likely to miss from your stock those articles, which were in course of publication, or those that you had surplus volumes of? A. We should not miss these surplus volumes till stock was taken again—these Penny Cyclopaedias would be articles to wich my attention would not be so readily called as to other articles—Kingate was employed to take stock, and Denny to assist him in the warehouse as porter—five or six cwt. of this paper could not have been

taken from the warehouse without the knowledge of Kingate, from the opportunities he had of being employed there—the 5th of December was not a magazine night—it was the duty of Kingate to have been at the warehouse till he was discharged that day, and he was there the whole day I know—that was the day he left—if on that day five or six cwt. of paper was taken away, it could not have gone without his knowledge—it was on Saturday—Kingate was there till the evening—I know he was there till after five o'clock, because I sent a messenger to him about five o'clock.

  JAMES WILLIAM DURRANI . I am in the service of Messrs. Knight and Young, and live on the premises where their warehouse is—I have the care of the keys of the warehouse after the persons engaged in the service leave it—I remain on the premises there, unless I have occasion to go to Ludgate-street or elsewhere—Kingate generally came about half-past nine, or from that to eleven o'clock—it was my practice to deliver the keys to him there, and I received them from him in the evening—the usual time of leaving was at dusk—the binder's men usually opened the gate, and it was my duty to see that it was fastened—there is a large pair of gates, which it is not usual to open except for carts—I have seen the property which is sworn to as Messrs. Knight and Young's—I am certain that could not have left the premises by the smaller gate without my attention being called to it—the keys of the warehouse would remain in Kingate's possession from the time I gave them to him in the morning till he left in the evening—I was not employed in the warehouse, but in ao entirely different part of the premises—I had nothing to do with the ware-house.

Cross-examined. Q. You gave the keys to Kingate when he came? A. Yes, the small gate was not kept locked during the day—the large one was fastened with two bolts.

  THOMAS ALLISTON . I am in the service of Mr. Pegg, in Upper Ground-street, Blackfriars-road. I was so in December last—I have known the prisoner Denny since last May, I think—I became acquainted with him by his bringing waste paper to sell at Mr. Pegg's—before he brought any, he came and asked me if we bought waste paper, and what we gave for it—Isaid we could not tell till we saw it, and then he brought us a bundle—Ido not recollect any other conversation—he came to us on the 5th of December, about half-past five or six o'clock in the evening with another man, and brought with him some paper as he was in the habit of bringing—bebrought some of the Penny Cyclopaedia—I do not know whether there was any other sort—I believe there was some of the Bible—he brought then 4cwt. 2qrs. 14lbs. —I weighed it—it was in the state that these bundles are—(looking at them)—I cannot distinguish which of these bundles it was—it was in this state in quires—it has not even been stitched for the purpose of being sold—we gave him 28s. per cwt., and that lot on the 5th of December came to 6l. 9s. 6d.—I asked him at first where he came from, and he told us from Messrs. Knights'—we told him if there was much more of it we would send the cart, and he said he would bring it as it was looked out.

Q. who was the person with Denny on the 5th of December? A. I believe it to be Kingate, to the best of my knowledge—I have no doubt—Ibelieve it to be him, to the best of my knowledge.

Q. When you first went before the Magistrate, was Denny in custody? A. Yes, and I was asked if I knew the other person—I was asked to pick him out of the crowd—he was standing in the audience of the hall of the

Court at the back of the bar—I should think there were forty 01 fifty Persons there—I picked out Kingate—I had not won him since the 5th of December.

Q. were you brought up a second time before the Magistrate? A. Yes—Kingatewas at that time in custody with Denny—l was asked some question by the Magistrate—the two person. who came to my master on the 5th of December came together—the person who came with Denny brought in one bundle of paper, and then went out again—I did not look outside to see if he came in a cart or with a truck.

Cross-examined. Q. How long have you been in the service of Mr. Pegg? A. Four years and a half—I was not aware when I went to the police Court that my attention would be drawn to some person there—the Magistrate told me to go round the Court and see if I could find the man—I went round the Court, so as to give myself an opportunity of seeing the persons that were there.

Q. Did you then tell the Magistrate that you saw nobody there that you recognise? A. I did say so at first, but I did not see all the persons in the Court then—my attention was again directed to the persons by the Magistrate—I walked round again, and then I picked out Knight—I said that I picked him out because he seemed to be the most likely person.

Q. On the 5th of December, was Mr. Pegg in the way when these things were brought? A. He was passing through the shop—he saw Denny—Ibelieve he did not see the other man—I saw the other man then, and I had seen him on the night before—I only saw him on those two occasions—Mr. Pegg was not in the way when the man came the night before—Mr. Pegg drew the cheque on the 5th of December—I took it up to him, and brought it down to Denny—the other man was then gone—it was dark—the gas was lighted—the other man was no longer in the shop that night than he was the night before—I heared Denny make was examined—he was noit examined on oath the first time, but he was the second time, for the procecution—I saw my master last Monday week.

Q. were you not asked by the Magistrate whether you should have known the man you picked out if you had not him in the street, and did you not say no? A. I said I did not know that I should—perhaps if I was looking after him I should—Mr. Pegg deals largly in waste paper— publicationsthet don't sell are often brought in this state for sale, and law books amongst others.

MR. CLARKSON. Q. And are you come to tell us that your master in in the habit of buying them in sucb a state? A. Yes—the first time I went round the Police Court I did not get any sight of the person of Kin-gate—when I did find him he was amongst more people than there were in the middle of the Court, at the back of the Court standing up—the moment I saw him I picked him out.

Q. Did the Magistrate ask you whether, if you had seen him in the street, you should have felt yourself authorished to give him into custody? A. Yes, and I said I did not know that I should have had authority to to give him into custody—I was not aware at that time that I had any authority to give him into custody at all—I had never seen Kingate before the night of the 4th of December—the first I went round I did not see his face, and as soon as. I saw his, face I picked him ont—my master is at Reading—he went there last tuesday week.

MR. BODKIN. Q. Was not Kingate standing at the bar, in front of the persons who were facing the Magistrate when you first went into the Court? A. Yes, I believe he was—I had been told that he was in custody.

MR. CLARKSON. Q. Who told you Kingate was in custody? A. My master—I had no opportunity of seeing him but on the 4th and 5th—I believe, when I first went into the body of the Court, that Kingate was standing in front—I do not know how he got to the part of the Court where I found him—I picked him out from about the middle of the Court—Ido not know who moved him from the front to the middle—the first time, perhaps, I did not look close enough to notice him—I did not see him in front when I first went round—it was not till the second time that I saw him at all.

COURT. Q. But you say you believe Kingate was in front of the bar, do you form that opinion from what you heard or saw? A. I did not see him till the second time—I knew he was somewhere in the Court.

MR. CLARKSON. Q. How did you know that he was? A. The Magistrate told me to go round and pick him out—I was sent out while he was brought in, and put amongst the people—up to the time I came back I had not seen him at all—I was ordered out while he was mixed with the crowd—that was the express object of the Magistrate—I was then brought back, and went round to look for him—I could not see him the first time—Ithen walked round again, and said I believed that was the man—I saw him in front of the bar when I picked him out—he was standing in front of the Magistrate—I believe there were other persons in front of him—he was not in the dock till after I picked him out.

HATHAWAY. I carry on the business of a stationer, on College-hill. I produce some paper which was bought by my brother, who is not here—it consists of the "Penny Cyclopaedia," in sheets—it has never been made into books—we gave 36s. a cwt. for it, as waste paper, which is about 4d. a pound—I did not know that it was the "Penny Cyclopaedia" till this occurred—I never looked at the title of it.

  JOSEPH GARWOOD . I am pot-boy at the Cornwall Arms public-house, which is on the same side of the way as Mr. Knight's warehouse, in the Cornwall-road, eight or nine houses before you get to it. I know both the prisoners—they have been in the habit of using our public-house about two or three times a week—the last time I saw them together was on a Saturday evening, in the early part of December—I dare say I have seen them together in our public-house twenty times—they usually came about lunch-time.

Cross-examined. Q. I suppose your house is frequented by the persons who work at that establishment? A. Yes.

  NICHOLAS EDWIN . I am clerk to the Justices of Union Hall Police Court. I was present at the examination of the prisoners on this charge on the 24th of December—the prisoner Denny made a statement, which I wrote down from his mouth—I transcribed this statement from my book—thisis a faithful account of what fell from his lips on that occasion, and it was signed by the Magistrate—on the last examination, the 21st of January, it was read over to Denny, and he was asked if we would sign it—Mr. Robinson, his solicitor, said, "My client declines signing any thing,—(read)—"Theprisoner Denny, on his examination before me, on the 24th of December last, stated as follows:—' I have known Kingate, the

foreman of Messrs. Young, about twelve months—I never received any paper from him to dispose of—the paper I took to Mr. Pegg was delivered to me at different times by a man who had an open green cart and a grey bone—he came to me at my house the first time, about four months ago—I do not know his name, nor where he lived—he said he understood I was out of work—I said I was—he said if I would meet him in the afternoon about four o'clock, at the corner of Rennet-street, to take a load to Mr. Pegg's, he would give me the job—I went, and he gave me several bundles of paper wrapped up in brown paper—he told me to take them to Mr. Pegg's—I did so—they were weighed and 1 was paid for them—I gave the money to that man—he gave me 3s., and a part of a pint of ale—I have been so employed by that man about twenty times—he used to appoint a time for me to meet him again before we parted, or he used to call at my house—he always paid me 2s. 6d. or 3s.,—I should know that man again—I was aware it was the Penny Cyclopaedia, and said it was Knight's work—the man never told me where he got it or any thing about it. The prisoner being advised by his professional attendant, declined signing the above.—E.H. MALTBY."

Cross-examined. Q. At the time Denny made this statement was Kingate there in custody? A. He was, sir, standing at the bar with Denny—I have the examination of a man named Pegg—he was examined on oath as a witness for the prosecution.

COURT. Q. Why is he not here? A. His young man proved as much as he did, and rather more.

MR. CLARKSON. Q. Have you furnished a copy of that statement to the attorney for Kingate? A. Yes, I had not the authority of the Magistrate for doing so—we are bound to do so—I furnished him also with a copy of the depositions—I have in my book the examination to which Alliston was exposed by the Magistrate when he pointed out Kingate, and I have the subsequent examination—I have taken the answers down very particularly—(reads)—"William Pegg, on his oath says,' The prisoner Denny brought the whole of the paper to me, which is claimed by Messrs. Knight and Co.—I bought it and sold it as waste-paper—I never saw the prisoner Kingate in the transaction—I sold a quantity to Mr. Hathaway of the same—Denny told me he brought it from Messrs. Knight's, and I bought it believing he was sent directly by them, and I offered to send my horse and cart if there was any quantity of it.'"

"Wednesday, Dec. 30, 1840. Thomas Alliston, servant to Mr. Pegg, on his oath, says, 'I believe the prisoner Kingate to be the person who came twice with Denny, and brought paper to my master's house; the last time was on the 5th of December; I identified him this day, whilst standing with others in this public Court.'

"Thursday, Jan. 7, 1841. Thomas Alliston, servant to Mr. Pegg, on his oath, says, 'I am not certain the prisoner Kingate is the man who came with Denny; to the best of my belief, he is; I picked him out on the former day, because he is the most likely person.'

"William Pegg says," I never saw Kingate; I saw Denny several times; he told me he was sent by Mr. Knight's foreman to sell it; I told him, if there was a quantity, I would rathers end mo horse and cart, and give a cheque for it. He said he would speak to the foreman. When I saw him again, he told me that the foreman wanted the paper out of the way. My boy could buy paper, and it might not nppear entered in my

book. The 4th and 5th were the last days I purchased, to the best of my knowledge. The greatest quantity brought to me at one time was 200lbs.; it was all brought by Denny; I know nothing of Kingate; I purchased above 30 cwt.; it came in a bookbinder's bag, and always in the day-time.'

"Thomas Alliston further says," The greatest quantity I bought from the prisoner Denny at one time was 200lbs. '"

MR. CLARKSON. Q. Were you there when Alliston pointed out Kin-gate? A. Yes; and Kingate complained that one of the officers coughed, and called his attention to him—it was investigated, and proved it was not so.

Cross-examined. Q. When Kingate was brought up on the day he was identified, was he in the first instance put as a person accused, by the side of Denny? A. I have no doubt they were both put into the slip, or place which we call the dock, in the first instance—he was afterwards taken out from there, and put amongst the persons in the Court, to be identified, and the witness was ordered out of Court, when he was taken out of the dock and mixed with the people, and then the witness was to go and find him.

MR. CLARKSON. Q. Can you undertake to say that Alliston was in Court, and had an opportunity of seeing Kingate in the dock? A. I cannot answer that—Kingate said, "The boy saw me in the slip before I was identified;" and the boy was examined on his oath, and swore he had never seen him.

(The depositions of the other witnesses being read, agreed with their evidence.)

  EDMUND WESTBROOK (Citypolice-constable, No. 320.) I received Denny from the prosecutors, at their warehouse, on the 23rd of December—I searched him, and found in his pocket two sheets of the Penny Cyclo-paedia.

(The prisoners received good characters.)

DENNY— GUILTY . Aged 30.— Confined Six Months.

KINGATE— GUILTY . Aged 43.— Transported for Seven Years.

Before Mr. Sergeant Arabin.