30th January 1843
Reference Numbert18430130-768
VerdictGuilty > unknown

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768. PHILLIP HIBBITT was indicted for stealing, on the 28th of Dec., 1 box, value 6d.; 25 sovereigns, 100 crowns, 200 half-crowns, 300 shillings, 200 sixpences, and 300 groats; the property of Benjamin Worthy Horne and another, his masters.—2nd COUNT, stating it to be the property of Joseph Roundtree.

MESSRS. BODKIN and PAYNE conducted the Prosecution.

JOHN CASSON . I live with Mr. Joseph Roundtree, a grocer, on the Pavement, at York. On the 27th of Dec, I sent a box to Mr. Stereker, of Budge-row, containing 75l. in silver, and 25l. in gold—I counted it myself, and saw it put into the box—the silver was wrapped in 10l. parcels—there were 3l. 10s. in fourpenny-pieces—it was all packed up in the box, and some shavings put into it—the box was about six inches long and five deep—I saw it corded, and directed the only card which was nailed on was to William Stereker, No. 13, Budge-row, London—I gave it to Christopher Robinson, to take to the railway station.

CHRISTOPHER ROBINSON . I am in the service of Mr. Roundtree, of the Pavement, York. On the 27th of Dec., a box was delivered to me by Casson—it was directed "William Stereker, Budge-row, London"—I nailed the lid on, and took it to the railway station.

HENRY RODGERS . I am passing-clerk of the York station. On the 27th of Dec., I received a box directed to Mr. Stereker—I entered it in the way-bill, "Box, Stereker"—this is the way-bill—I gave it to the guard of the carriage.

THOMAS BRAMLEY . I am guard of the York and North Midland train. I received the parcel to go to Budge-row, and this way-bill—I took the box of the clerk—I put it in the van, and locked it, to come to London.

Cross-examined by MR. DOANE. Q. Do you really remember that particular box? A. Yes—it was Tuesday evening when I put it into the van—I was asked about it on Friday, at York.

JOHN COOPER . I am clerk of the parcels' office of the London and Birmingham Railway Company, Euston-square. The parcels are called over to me from the way-bill—I remember this way-bill being received on the 28th of

Dec.—I saw the name of "Stereker, box," on it—I wrote on it, Budge-row, according to the direction on the parcel.

Cross-examined. Q. Did you see the box yourself? A. I did not—I cannot say how many men were employed at the time this train came—perhaps there might be four or five men within the compass of three or four yards—all the parcels are pitched in a heap on the floor, and each man picks out his own—Mr. Davis is managing clerk for Messrs. Horne and Chaplin—I have beard that he refuses to take silver from the men.

JAMES SMITH . I am porter to the London and Birmingham Railway Company at Euston-square. On the 28th of Dec. I was present when the parcels were called over which arrived by the train from York—they were handed to one of Home and Chaplin's men, (I do not remember which)—each of them fetch them away as they are called over.

JAMES THORGOOD . I am in the employ of Home and Chaplin, carriers. I live in Seymour-street, Euston-square—the prisoner was in their employ on the 28th of Dec.—I remember leaving the railway station at half-past seven o'clock that morning with the prisoner—we had a cart—there were parcels in the cart—the prisoner drove the horse, and I sat by his side—I remember a box being put in at Euston-square station, directed to Mr. Stereker, Budge-row—I sorted that with other parcels—the direction was nailed on with five tacks, and tied round with cord—it appeared to be a rather heavy box—the cart was driven to the Old Bailey—I remember there seeing the parcel—I left the cart to deliver a parcel in Prujean-square—I was gone about five or ten minutes—when I returned I found the cart was standing at Mr. Fenn's door, in Newgate-street—the prisoner was not with it, but standing at the corner of the Magpie and Stump—I asked why he left the cart—he said he left some one in charge of it—I did not see any one in charge of it—the prisoner and I then went to the cart—he asked if I would go and do something in Paternoster-row, and I asked him to take a parcel to Fisher's, in Newgate-street—I left him in Newgate-street, and I took the cart to Paternoster-row—he appointed to meet me at the corner of Queen-street, Cheapside—when I left him, he turned round to go towards the Magpie and Stump—when I got to Paternoster-row, I looked for the box, and it was gone—I had seen it in the cart when we stopped in the Old Bailey—after delivering the parcels in Paternoster-row I went to Queen-street, and saw the prisoner there—his brother and Cottrell were with him—I asked him whether we had not a parcel directed for Mr. Stereker, Budge-row—he said, "No, that was yesterday, or the morning before"—I said, "I think we had one this morning"—he did not go any further with the cart, he said he was not very well—he had had rather too much to drink, and he asked me if I would go with the cart—Cotterell was to go with me—it was the prisoner's duty to have gone through with the cart, and delivered the parcels with me—in the evening of that day I found, at the bottom of the cart, the direction of "Mr. Stereker, Budge-row"—I put it in the bottom of the cart again—the next morning I told the prisoner I had found a direction to Mr. Stereker, Budge-row—he said that was the name he had got one charged to in his book, and asked what I had done with the direction—I said I had left it at the bottom of the cart—he asked me to get it him—I told him I would, as soon as we got rid of some of the parcels—I found it the same morning, and gave it to the prisoner—he tore it up, and told me to swear that I never saw the parcel—on the Saturday I communicated this to my brother—I and he went to the railway station.

Cross-examined. Q. About how many parcels were there when you put them in the cart? A. Between fifty and sixty—this was rather a dirty box, the cord was tied round tight, I took particular notice of it—the direction

was nailed on with five nails—I did not hear the gentleman call out this parcel—it was with the other parcels when I came to the station—it is a common thing, when we go out, for one to take a direction of two or three streets, and another some others—I delivered a box, wrapped round with cloth, at Pru-jean-square, and five or six parcels in Paternoster-row—none before I got there—I missed the box before that, on my first stopping—it had been on the right-hand side of the cart—there were other parcels by the side of it—it was standing on the top of parcels, there was nothing upon it—I found Cottrell in Queen-street, and the prisoner's brother—I did not hear Cottrell undertake to do the prisoner's work for him—he did do it—he was standing at the side of the horse when I asked the prisoner if we bad not a parcel for Budge-row—I said I could not see it in the cart—I missed it, but I was not certain whether the prisoner had taken it—I told him, "There is a parcel gone, that I am sure of"—we joined company again about four or five hours after, in Gray's Inn-road, and then he appeared to have recovered from his drunkenness—the cart had one parcel in it then—Cottrell rode in the cart—I found the direction at the bottom of the cart, between two and three o'clock—Cottrell got out a little after three—he was inside when I arrived at the Globe-inn, and then the cart was empty, except one parcel—I cannot say where Cottrell sat, because I was driving, and did not look round to see—he was not sitting by the side of me, he must have been inside, where this direction was—I did not go and tell any one, "Here is the direction of the box that is lost"—it was nine at night that I found it, when I was in Bishopsgate-street—on Friday, about three, Mr. Dawson, our superintendent, asked me something about it—I told him I did not know any thing about it—I did not tell about my finding a direction, and putting it back—I told my brother something on Saturday—there was a great stir about the negligence of the porter about this parcel—I told my brother, because I had told Mr. Dawson a falsehood about it—there was no straw at the bottom of the cart.

MR. PAYNE. Q. Why did you tell Mr. Dawson an untruth that you after-repented of? A. Because the prisoner told me I should get into trouble if I said anything.

GEORGE KENT . I am a blind-maker, living in Kensington-row, Gray's Inn-road. I went to the Pinder of Wakefield, in Gray's Inn-road for change—the landlady said she could not give it me—I got change from a man there—I cannot say exactly what it consisted of, but a great deal of it was fourpenny-pieces—the man who gave me change was in company with another—I should know the other man—I believe the prisoner is the man who gave me the change.

Cross-examined. Q. Will you undertake to swear to him? A. I will not.

WILLIAM STOWTON . I keep the Globe, in Darby-street, King's-cross. I remember, on Wednesday, the 28th of Dec., Thorogood coming from a cart with a man—he had some communication with the prisoner there, who had been there before—Barker was with him—they came between two and three o'clock—the prisoner was not sober—the prisoner asked me to change 2l. or 3l. worth of silver—I only took 1l.—there were 12s. or 14s. worth of four-penny-pieces among it—I said, "I have so many joes already, I won't take any more"—I gave one sovereign for 1l. of silver.

Cross-examined. Q. Did you take any fourpenny pieces? A. Not one—I saw them.

THOMAS BARKER . On the 28th of Dec. I went with the prisoner to the Pinder of Wakefield—he had 1l. worth of silver—I gave change for a sovereign, because the landlady would not take it—I gave that 1l. worth of silver for the sovereign—the prisoner put the silver there—it consisted of shillings and 10s. or 11s. worth of fourpenny-pieces—we had been to the Globe before—we took them there because they would not take them at the Globe.

Cross-examined. Q. What was the whole amount of fourpenny-pieces? A. I think there were 10s. worth—I live in Greville-mews.

WILLIAM THOROGOOD . My brother made a communication to me, on Saturday, about something that had happened to Messrs. Chaplin and Horne, in consequence of which I went up to the station, and made a statement there.

JOHN SAVAGE . I keep the Rising Sun, in Somers-town. A. few days after Christmas I gave the prisoner a 5l. note, and he gave me 5l. of silver—there were no fourpenny-pieces among them.

Cross-examined. Q. How long have you known him? A. He has been in the habit of bringing me change all the last summer—I always thought him to be a well-conducted, honest man.

FREDERICK ALDHOUSE . I am clerk to Home and Chaplin. The prisoner paid me his accounts up to the 27th of Dec.—we always asked them to bring at much gold as they could.

BENJAMIN COTTRELL . I am porter at the Cross Keys, Wood-street. On the 28th of Dec. I drove the prisoner's cart—I first saw him between Wood-street and Milk-street—he was talking to somebody—he asked me to go with the cart and the boy—I refused to go at first, but afterwards consented, from the persuasion of the prisoner's brother—I went down Cheapside to the corner of Queen-street.

Cross-examined. Q. Was not the reason the brother gave that he was not fit to do duty, as he had been drinking too much? A. Yes; he was intoxicated—it was very near ten o'clock in the morning—the boy did not say to me that he had lost a parcel.

JAMES BARRY . I am superintendent of the police of the London and Bir-mingham Railway. I took the prisoner, on the 2nd of Jan., at Mr. Horne's private house, in Bedford-row—he said he was very much distressed, and had pawned his watch to make up his accounts, which I afterwards found to be untrue—I found 2l. 10s. in gold, 1l. 0s. 2d. in silver, and some copper on him.

THOMAS THOROGOOD re-examined. I do not think we took any fourpenny-pieces on the 28th—we do not generally get more than six or seven in a day—he had not drank anything with me on the road—he was quite sober when he got to the Old Bailey.

(Edward Way, of Sun-street, Bishopsgate; and—Ewell, potato-dealer, Pit field-street, Hoxton; gave the prisoner a good character.)

GUILTY . Aged 26.— Transported for Seven Years.

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