20th February 1834
Reference Numbert18340220-125
VerdictsGuilty; Guilty
SentencesTransportation; Transportation

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442. FRANCIS FOSTER was indicted for stealing, on the 8th of January , 1 silver spoon, value 10s. , the goods of his Grace the Duke of Sutherland .

JOHN JEFFERIES . I am porter to the Duke of Suther

land - I do not know the prisoner - a silver spoon was missing - I did not know of it till after the prisoner was taken - I had given a spoon to a workman to get some oil.

THOMAS FARRANT . I am a silver refiner, in the employ of Mr. Smart, No. 60, Princes-street, Leicester-square - on the 8th of January, about six o'clock in the evening, the prisoner came to the shop, and offered a silver spoon for sale - my employer saw a crest partly rubbed out, and I saw it also - he was asked how the crest came to be rubbed out- he said he did not know there was one - Mr. Smart asked where he got it - he said he bought it of a Jew in Piccadilly - he was asked his name and address - he gave John Harding, No. 19, Berwick-street - we told him we should keep the spoon and make inquiry - I marked the spoon, and afterwards gave it to Stone, the constable, and gave him the name and address the prisoner gave us - on the 18th the prisoner called again - we told him he had given us a wrong name and address, and asked his reason - he said he was so flurried at the time he did not know what he said - I then asked him what his right name was, and where he lived - he said John Foster, No. 19, Edden-street, Regent-street - I asked his landlord's name - he told me, and I knew that was correct - I gave that information to Stone - and at Marlborough-street I saw one of the Duke's spoons.

Cross-examined by MR. DOANE. Q. Did not he merely ask you the value of the spoon? A. No, he did not, I am positive - he came twice afterwards, and demanded the money - I have seen the crest - it is out of an Earl's coronet.

GEORGE STONE . I am a policeman - the spoon was given to me - I went to the address he had given - no such person lived there - on Monday the 27th I apprehended him in Edden-street - I asked if his name was not Foster - he said it was - I asked if he had not taken a silver spoon to Smart's to sell - he said he had - I asked where he got it - he said he bought it from a Jew - I told him I had inquired of his master, and he had worked at the Duke of Sutherland's on the 8th of January - he said No, he was at work at home; that he worked for himself, and was his own master - I told him Mr. Attfield was his master - he is an upholsterer in Brook-street - I took him to the station-house; and, at the office, he said he was a ruined man - he said the porter of the Duke of Sutherland, on the 8th January, lent him the spoon to take some oil up stairs to rub the furniture, that he put it in his pocket and never returned it - I have the spoon here.

Cross-examined. Q. Did you say any thing to induce him to say any thing? A. Nothing at all; his master was present at the office.

JOHN JEFFERIES re-examined. There is not sufficient in the spoon for me to identify it - I cannot swear it belongs to my master; I have a fellow spoon to it.

Prisoner's Defence. I bought the spoon of a Jew.

(Mrs. Berter, widow, Grove-street, Lisson-grove; - Beves, cabinet-maker, Monmouth-street; Hancock, painter; and Mrs. Wallis, No. 2, Albany, gave the prisoner a good character.)

GUILTY . Aged 35. - Transported for Seven Years .

443. FRANCIS FOSTER was again indicted for stealing, on the 24th of January , 4 books, value 10s., the goods of Richard Budden Crowder ; and 1 book, value 2s., the goods of George Augustus Crowder .

MATTHEW TAYLOR . I am footman to Mr. Richard Budden Crowder - the prisoner was sent to work at master's house by Mr. Attfield, the upholsterer, on the 24th of January, at No. 57, Lincoln's-inn-fields - I did not miss these books till after he was taken up - when they were produced I knew them.

GEORGE STONE . I am a policeman - I apprehended the prisoner on the 27th of January - I searched him, and found two books in his coat pocket - they are British Poems; both have Mr. Croweder's coat-of-arms and his name in them - I asked where he got them - he said they were his own - I searched his lodging, and found three more books of the same description, two having a name in them and one not - I went to the office and asked him how he came to have three more - he said they were all his own, and he had had them a good while - I said they had Mr. Crowder's coat-of-arms and his name in them, and how could they be his own - he said, "Oh, you will find that out" - he said afterwards that he got them on the Friday before when he was at work at Mr. Crowder's.

Cross-examined. Q. Did not he say he took them to read? A. No - there was no attempt to scratch the name out.

MATTHEW TAYLOR . They are my master's books, and are volumes of a set.

GUILTY . Aged 35. - Transported for Seven Years more .

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