The Proceedings of the Old Bailey

   

711.   JOHN DALY, alias DEALER , was indicted for feloniously breaking and entering the dwelling-house of   George Richardson , on the 19th of March , at St. Paul, Shadwell, and stealing therein 1 box, value 1s.; 26 half-crowns, 40 shillings, 17 sovereigns, the sum of 15s. in copper monies, and one 5l. Bank note, his property .

  GEORGE RICHARDSON . I live in  High-street, Shadwell, in the parish of St. Paul . I have a wife and two children; my wife's sister lives with me. On the 20th or 21st of March, about two o'clock in the morning, I was awoke by the watchman - I came down stairs, and found the street door wide open; I had locked, bolted, and chained it myself, about half-past ten o'clock the night before; no force had been attempted to the door - I judge that it must have been opened from within; I got a light from my bed-room, where I always burn one - I then came down, and found a phosphorus-box on the counter, and a button lying on the floor in the shop - they did not belong to me; I went into the front room first floor, and found one of the windows wide open - (I sleep in the back room first floor); we never fasten that window, but I am sure it was down when I went to bed, for I looked all over the place myself before I went to bed - it is a sash window; I missed from a box which had been by my bed-side, seventeen sovereigns, twenty-six half-crowns, and 2l. in shillings and sixpences; the box was on a table at my bed-side when I went to bed, but I found it in the kitchen - somebody must have been in my bed-room and carried it down: three papers of copper were taken out of the shop, off a shelf, and some silver from the till - a 5l. Bank of England note was taken from the box also: I gave the phosphorus-box to the night constable. I know nothing of the prisoner - it was on a Saturday morning.

  GEORGE DEVERELL . I am a constable of St. Paul, Shadwell. I was sent for to the prosecutor's on this morning, and received from him this phosphorus-box and bottle and a metal button; the prisoner has lived about the parish for a considerable time.

  GEORGE RICHARDSON . This is the box and button I found in the shop.

  SAMUEL PRENDERGRASS . I am a constable. On Saturday night, the 21st of March, I went to the prisoner at the New Prison, Clerkenwell, and asked him for the jacket which he had on that day; he was then in bed; he delivered it to me - I examined it, and found one button deficient; I asked him what he had done with the button - he replied he did not know: I then examined the jacket, and found a letter addressed to a person named Welsh, in the pocket - before I opened it I asked him if it was his hand writing; he said Yes, and he was going to send it off in the morning; I am quite certain I asked him what had become of the button.

  GEORGE RICHARDSON . My business is a cheesemonger - I do not keep an oil-shop.

Prisoner. I lost the button off my jacket two days before this was done; he asked me for my jacket, and I gave it to him - he pulled out a letter, and said, "Did you write this letter?" I said, "No, a person wrote it for me."

  SAMUEL PRENDERGRASS . He did not say so; I asked him twice - he said it was his own writing, and he was going to send it off in the morning.

Prisoner. It was Saturday night, and how could I send it off on the Sunday morning.(Letter read.)

To Mrs. Welch, No. 4, Sun-court, King David-lane, Shadwell.

  CHRISTOPHER COOK , - i have taken the opportunity of wrighting this letter, hoping you will do what is wright; that thime I left you I went along the Back-lane - that oil-shop the corner of Canon-street, i went in a nick the 10b of 7 peg, and parcel papers rold up, and the blake come, i spelld away; there was 2 flates nalde old of me, and I flord one - then i was taken to Lambeth-street, i was before the Magistret, hand Lee come in and was fresking me, and sawe one of the buttons of my jacket, that fell that night in the crib, and shode the Magistrate, and i think it all ronge, and i hame cumming up on Monday, and thry to get me as much mouse as you cane, and to be shure to come up; you nedent be frighting of me, i will do the thing that is wright.   John Taylor , the bloke bufts to me, and think it is all wrong thus time, and bold me out in the fack, and i hame cumming up for anothere werning on Munday.

  JAMES BASSINGTON . On the Monday previous to this robbery the prisoner came into my shop, late in the evening, and asked for a phosphorus-box - he wanted to buy one, and I sold him one: I believe this to be the one I sold him, by its being a red one, and having the name of Glover on it; there is no one in the neighbourhood who sells the

same description of boxes - Glover is the maker; I sell many boxes: this is the only one I ever sold with Glover's name on it.

Prisoner. Q. Your name is not on it? A. No.

Q. Might not many shops have bought more of that man? A. Not in the neighbourhood.

COURT. Q. Are you sure the prisoner is the person? A. I am quite sure.

  THOMAS SHELLSWELL . I apprehended the prisoner, but not on this charge.

Upon comparing the prisoner's jacket, the buttons on it corresponded with the one found in the prosecutor's house

Prisoner's Defence. It was not I who wrote the letter, it was a person in the prison; I told him what to put in it, but he put it wrong.

GUILTY - DEATH Aged 17.

Before Mr. Baron Garrow.

 

712.   JAMES BRAY was indicted for stealing, on the 14th of March , at St. Pancras, 3 coats, value 10l. 10s.; 1 pair of trousers, value 25s.; 2 waistcoats, value 1l.; 1 handkerchief, value 3s., and 1 snuff-box, value 2s., the goods of   Charles Christnett , in the dwelling-house of   James Thomas .

  CHARLES CHRISTNETT . I am a cabinet-maker , and lodged in an attic in  Little George-street, Hampstead-road, in the parish of St. Pancras ;   James Thomas keeps the house, and lets it out in lodgings - he lives there himself. In the early part of March the prisoner came to lodge there, and occupied part of my bed; when he came I had a box in my bed-room, containing my wearing-apparel - I had lost the key, and it was unlocked: I used to keep another box on it; I had looked into the box on Thursday, the 12th of March, and saw my articles safe; the prisoner had slept there every night till Saturday, the 14th - on going to my box on Sunday, the 15th, I missed three coats, a pair of trousers, two waistcoats, a handkerchief, and a snuff-box, all of which were my property. I did not see the prisoner again till Saturday, the 21st; I had been looking for him all the week, and saw him by the King's-mews, Pimlico; when he saw me he ran away - I pursued, and took him to Hatton-garden; he had then got my trousers and waistcoat on - the waistcoat was taken off in my presence, by Hall; (looking at them) these are the trousers I lost - I know them by the make and button at the bottom; I have no doubt of them, but the waistcoat I cannot positively swear to; it is the sort of waistcoat I lost - exactly the same work, and I believe it to be one of those I lost.

  CATHERINE HEWETT . I am married, and lodge in the same house as the prosecutor, on the first floor. I saw the prisoner twice on Saturday morning, between ten and eleven o'clock, going out at the front door - he had in his hand a good sized blue bag - it appeared quite full; he used to come home pretty regularly, but I never saw him again till he was in custody.

Prisoner. Q. Could you swear what the bag contained, or whether I took property out once or twice in it? A. I cannot say - I did not know before, that you had brought nothing to the lodging but what you wore.

  WILLIAM HALL . I am a constable of Hatton-garden. On the 21st of March I received the prisoner in custody, and took the waistcoat and trousers off him at the prison; he said the prosecutor should get nothing out of him - that it was a bad job for him.

  CHARLES CHRISTNETT re-examined. One of my coats was quite new; I had only worn it twice, and I gave four guineas for it; another of the coats I gave four guineas for, and had not worn it half a dozen times - the other coat cost six guineas; they were certainly worth 10l. - the trousers cost 30s., and the two waistcoats are worth 1l.: the prisoner stated himself to be a gentleman's servant out of place - I never saw him with any thing but what he had on, and he said he had been in great distress.

Prisoner's Defence (written.) My Lord and Gentlemen of the Jury, In the greatest distress of mind I appear before you, charged with a crime I committed under circumstances of the greatest distress; I have been brought up as a gentleman's servant, out through unavoidable misfortunes attended with great affliction, I have been a great part of my time out of a situation - distress ensued, which drove me to misery; believe me it was not through badness of heart, but distress that brought me to this state, at which my heart recoils; my friends brought me up respectably, but through misfortunes are unable to render me assistance, and are a hundred miles from me at this time - I am destitute of any friend to my character; under every impressive consideration, I must now throw myself on the mercy of the Court, to deal with me as merciful as possible never having before been before a Court - I at present labour under a very severe affliction

GUILTY - DEATH . Aged 30.

 

Before Lord Chief Justice Tenterden.

713.   JOHN DEARMAN was indicted for feloniously breaking and entering the dwelling-house of   Hester Roberts , on the 27th of January , at Enfield, and stealing therein 16lbs. of pork, value 10s., her property .

  HESTER ROBERTS . I live in  Turkey-street, in the parish of Enfield , and am a widow . On the morning of the 27th of January I was called up - I had left my house all safe the night before, and went to bed between eight and nine o'clock; I was the only person in the house that night, and slept up stairs - I heard a noise at four o'clock in the morning, it appeared to be below; I struck a light, looked at my watch, and saw it was four o'clock - I opened the window and hallooed, supposing it was somebody stealing the flowers from the garden in the front of the house; I then bolted my bed-room door, and went to bed again, leaving the light burning till I came down at six o'clock -I had the light then; I found my lattice window broken down, and the sash inside the lattice broken, and open - it was a sliding sash; it was broken a man could get in there- my door, which leads to the back kitchen, was wrenched open; the back kitchen-door, which leads into the garden, was broken from within; the iron bar was taken down -16lbs. of pickled pork was taken from the house, out of the pickling pan, which was in the wash-house, where they first broke into - the lattice-window is in the wash-house - the pork had been killed before Christmas - the pig weighed twelve stone, it was for my own use, and worth about 9d. per 1b., such pork as that; I saw some pork again on the Tuesday night, at the Rose and Crown public-house, Enfield-highway - Wilson, the constable, had got it; I have brought a little bit of it here now, the bit that I swore to - Wilson took charge of it; I swore to it before the Magistrate - the constable delivered it to me after the last Session; here is

a piece where the leg was cut off - I pickled it myself, and was going to cut this particular notch off, but did not; it is a particular notch which I cut, and I can swear to it by that.

Prisoner. Q. That is not the pork she swore to before Mr. Hardy? A. Yes, it is the same piece.

  JOHN WILSON . I am a constable of Enfield. I searched the prisoner's house on the 27th of January, between nine and ten o'clock in the morning; I knew he lived there - he was at home; I found about 16lbs. of pickled pork there, in a clothes chest - I did not examine it then, as I was not looking for pork; it was in a covered pan in the chest - it seemed to be dry; after hearing Mrs. Roberts' house was broken open, I went to the house again with her, about three o'clock in the afternoon, and found only part of the pork in the same chest, rolled up in some clothes - there were only four pieces then; there were several pieces before - they were taken out of the pan and wrapped in some clothes in the same chest; the prisoner was not there then - I took it away; the piece produced is part of what I found there and produced before the Magistrate - I delivered it to the prosecutrix after the last Session; I kept it till then: before I went to the house with her, she said she should know it by a mark, and I found the mark she had described - it was a notch; Castle saw the four pieces before the Justice.

  GEORGE CASTLE . I am a butcher. I saw the pork before the Justice, in Willon's presence; I had killed a pig for Mrs. Roberts, and cut it up - I had no particular reason to know the pork again; it was such sort of pork as this - I had no mark on it.

Prisoner's Defence. I know nothing about the pork - it was not found in my possession; it was found in the woman's house - she took the room: no one could say they saw me take it - the woman took the room and paid for it.

  HESTER ROBERTS . I had a garden in front of my house; I did not observe any footsteps in the garden - it was a very snowy morning; there were the footmarks of two or three men in my house; the snow had come into the house, and I could see the print of the nails - there was more than one man's footmarks.

GUILTY - DEATH . Aged 20.

 

Before Mr. Baron Garrow.

714.   WILLIAM TUCKER was indicted for stealing, on the 28th of March , 2 pewter pots, value 2s. , the goods of   Evan Price .

  JOHN COUSINS . I live in Gloucester-street, Commercial-road, opposite to Price. On the 28th of March, in consequence of information, I went into the street, and saw the prisoner, who appeared to be a bone-gatherer ; I followed him to the bottom of the street - I stopped him, and asked him if he had not got a pint pot in his basket; he denied it - I said, "If you will open it, I shall be convinced of it;" he then opened it, and there were two pots which Price claimed.

  EVAN PRICE . I keep the Bricklayers' Arms public-house . Cousins brought the prisoner to me with these two pots, which have my name and sign on them; I have lost five dozen since Christmas.

The prisoner pleaded distress.

GUILTY . Aged 38.

Transported for Seven Years .

 

Before Lord Chief Justice Tenterden.

715.   WILLIAM HORNET and   JOHN HERON were indicted for stealing, on the 19th of March , 1 handkerchief, value 2s., the goods of   Charles Holland , from his person .

  CHARLES HOLLAND . I am a hair-dresser . I was in  Holborn on the 9th of March, about half-past five o'clock in the evening, with Mr. Bleaden, near Great Turnstile; a female touched my arm; I turned round, and saw my handkerchief on the ground, behind the two prisoners - I took it up, and Bleaden secured them; it was in my pocket three minutes before.

  LEONARD BLEADEN . I was with Holland, and turned round, as a woman gave me information; I saw the two prisoners - Hornet had the handkerchief, and passed it to the other, who dropped it - Holland turned round and took it up.

HORNET's Defence. I was going down Holborn - the gentleman stopped me; I am quite innocent.

HERON's Defence. I was going to my aunt, and followed a woman behind, who ran up and spoke to the gentleman - he turned round, and took me.

HORNET - GUILTY . Aged 12.

HERON - GUILTY . Aged 17.

Transported for Life .

 

Before Mr. Baron Garrow.

716.   JOSE MARIA MURILLO was indicted for that he, on the 24th of March , in and upon   Thomas Cooper , feloniously, wilfully, and maliciously, did make an assault, and feloniously, &c. did cut and would him in and upon his left ear and face, with intent to kill and murder him .

THREE OTHER COUNTS, varying the charge.

MR. BARRY conducted the prosecution.

  SARAH WORKMAN . I am the wife of   Joseph Workman , who keeps the  Storey's-gate coffee-house, at Westminster . On the 24th of March, the prisoner came in and called for a glass of wine; I did not give it to him, as I considered he had taken a little, and would be trouble - some if I served him with more - he said it was a public-house, and spoke in a demanding way for it; he then took a small pound-cake out of a biscuit-basket, bit it, and threw the rest on the counter - I asked him for the money for it; he made some kind of noise, which I did not exactly understand - I told him he was a shabby man, and I wished him to be gone; he did not pay for it, or go out; a female came in, and called for a pint of ale - she coughed very much, and he mocked her; I went round the counter, being aggravated that my customers should be so treated - I put my left hand on his shoulder, and said I insisted on his going; I pushed him a little, and with the other hand I opened the door - at that time I heard something drop; but before that, after I put my left hand on his shoulder, he caught me by the left arm, and grasped me tight; I felt something touch my wrist, and thought at the time it was the pressure of his nail; I had no opportunity of looking at my wrist then; I snatched my hand away, and heard something drop - the prisoner stooped and picked it up; I did not see what it was -Cooper then came to my assistance, from the bar to the passage; the prisoner staid outside the bar - I went

round the counter, and left Cooper opening the door; the bar is not above two yards from the door - Cooper opened the door, and begged of him to go out; I saw nothing after that, till Cooper came in and said he was stabbed - the prisoner was outside, and could not hear what he said; I saw the blood flowing down from his head - it dropped on the ground, and at the same time I looked at my wrist, and found it slightly cut; that is all I know: Cooper was not laid up - he went to have the wound dressed; he was gone a few minutes, and afterwards went to the watch-house.

Cross-examined by MR. CLARKSON. Q. Did the prisoner appear very violent? A. I did not consider him very violent - he resisted going out; he had no wine at my house.

  THOMAS COOPER . I am a waiter . On the 24th of March the prisoner came to the bar - he asked for a glass of wine, but did not have it; he took some cake - mistress had requested him to leave; he did not pay for the cake- she demanded payment; he annoyed a customer who came in - Mrs. Workman desired him to go away; she put her hand on his shoulder, and desired him to walk out of the place. saying she would not have her customers insulted - he refused to go, saying he would have a glass of wine; she said he should have no wine there - he said it was a public-house, and he would have a glass; she then opened the door with one hand, and then rather pushed him, telling him to go out; he then caught her by her left wrist, drew a knife from his own wrist, and slightly cut Mrs. Workman - she, finding her wrist held tight, violently snatched it away, and the knife fell on the floor; she then went round inside of the bar - I went round, opened the street door with one hand, and said,"My friend, you had better go; "he then said he would not go, he would have a glass of wine - I said, "My friend, you will have no wine here, you may depend on it; "those were the words I used - I said, "I will now insist on your going out;" he spoke some foreign words, which I could not understand - he then  drew a knife from his sleeve, raised his arm, and stabbed me violently three or four times in my head, above my left ear; by this time he had got outside the door - he made another aim at my face; I saw the knife coming.

Q. Had you seen the knife before he got outside the door? A. Yes, my Lord - when I saw the knife coming I drew back, and it only scratched me down the cheek; when I drew back, the knife fell again outside the door -I put my hand to the left side of my face, and found a great quantity of blood flowing from the side of my face; he then instantly picked up the knife, and ran away down Great George-street - our house is at the Park end of Great George-street; when the knife fell outside the door I retreated back two or three yards, and said to my mistress, "I am stabbed" - while I was saying that, he was in the act of picking up the knife; mistress said, "Go and call the watchman" - I instantly went out, and he had got round the corner by Princes-court; he had turned short to the right from Prince-court into Princes-street - the back door which he had gone out of is in Princes-court; I first saw him crossing the road in George-street - that was within a minute of the time I had lost sight of him; he was walking very deliberately - I had to pass Allen, the watchman; I caught hold of him by the arm, and said, "That man has stabbed me," and pointed him out to Allen - his box is against Storey's-gate; I said, "That is the man, come along with me" - I ran on, and Allen followed me, springing his rattle all the way; I pursued him till he got to the corner of Little George-street, and there he slipped down over some orange peel, or something - I then told the watchman to make haste; he took him into custody - I said, "Take care, he has got a knife - mind he don't stab you;" the watchman took him to the watch-house: some gentlemen told me to come and have my wounds dressed before I went to the warehouse, which I did - I then went to St. Margaret's watch-house, and found him; my wounds have been healed only two days ago - I was not attended by a surgeon.

Cross-examined. Q. Were you stabbed before you took hold of him to do any thing? A. Yes - when I came out I found him walking deliberately along George-street; when I told the watchman he had stabbed me, he turned round, looked steadily at me, and ran very steadily down George-street - he did not appear to me to be drunk.

  WILLIAM ALLEN . I am a watchman. I was at Storey's-gate, Great George-street, and saw Cooper and the prisoner; Cooper said something, and I pursued the prisoner, whom he pointed out - he was at that time making an attempt to go through Storey's-gate - he was walking, but as soon as Cooper told me he had stabbed him I sprung my rattle, and he commenced running as hard as he could; he began running the moment Cooper spoke to me, before I sprung my rattle - I followed him down Great Geoge-street-street,as far as Little George-street, and there he fell; before he could recover himself I took hold of him, and knocked him down, as Cooper said he had got a dagger - he was searched in my presence at the watch-house - nothing important was found on him; I went and examined the street, and was about a yard from Lethgo when he picked up a knife - I saw him stoop, and then produce it as if he had picked it up; the spot was where he had ran - it was by Lord Bexley's.

  JOSEPH LETHGO . I am a watchman of Princes-street- my beat comes up to the end of Storey's-gate. On the night of the 24th of March, I came up to Allen, and found this knife in Great George-street, near Lord Bexley's door - Allen was about a yard from me.

Cross-examined. Q. Is it a dagger, or a shoemaker's knife? A. A shoemaker's knife.

  HENRY GOODWIN . I am a constable of the night. I came to the watch-house twenty-five minutes after the prisoner was brought in; nothing but memorandums were found on him.

Prisoner's Defence (through an interpreter.) I did not touch anybody, nor did I draw any knife against anybody.

COLONEL VALDES (through an interpreter.) I know the prisoner - he is a native of Spain, and had been in the Constitutional Army in that country, and served under me and General Tonijos; he left Spain in 1823 - while I knew him, before this, he bore a good character for humanity and mildness; I have known him here since - he lived in Somer's-town, and so did I; I do not believe his mind is always sound, and that is the common opinion among my countrymen.

Q. What are your reasons for forming that opinion? A. From the general opinion and my knowledge of him; I understand he has lived in the fields for two or three months together, when there was no necessity for it - I knew that from other's and his own statement.

Q. Since he has been in this country do you know whether he has followed any trade? A. He had been a shoemaker ; he has been supported by the committee for the relief of the Spanish emigrants: I wrote to one of my countrymen to get him sent to Portugal, about eight months ago, from a belief of his being of unsound mind; I thought his mind not so sound as in 1823.

GENERAL TONIJOS. In 1823 I was in command of part of the Constitutional Army, near Spain; the prisoner was in the first regiment - I have seen him several times in this country: I knew him in Spain - he was then of sound mind; the officer of his regiment wrote to me, giving him a good character; I saw him a few months after in England, and then thought his mind very much altered - about a month ago he called on me to offer his services as a shoemaker; I concluded from his manner and way of speaking that he was a very different man to what I had known him before, from his actions and general manner, and the impression on my mind at the time was that he was not sound in mind, as such I did not employ him

  MELCHOR VICUMA . I am a Spanish refugee. I have known the prisoner in this country since 1824 - in my judgment he was of sound mind when I first knew him, which was at Gibraltar, but his mind as been very different since; I believe sometimes he does not know right from wrong -I have known him sleep in the fields for more than fifty nights, when I have offered him my own lodging, but he refused it; I have ordered him to make me a pair of boots, and on going to him I have not got an answer for ten or fourteen weeks - he has got into a violent passion on my going for them, and told me to leave his room in a violent manner and said all the Spaniards wanted to murder him -I have procured him work, and found him the materials; he has afterwards returned both the materials and money, saying he would not work - he bore the character of a mild humane man.

V. NOGUES. I have known the prisoner since he arrived in this country, in 1825. In my judgment he has not been of sound mind for about the last year; my landlord has invited him to dine and sleep at his house - instead of that he has gone and slept in the fields; I know that myself, and six or seven months ago he hired a lodging and did not sleep at it for two nights - I saw him almost every day; he has come to dine with me and my landlord, and before dinner was over he has left the room, gone out, and not returned - he has done this frequently; the last time was three or four days before he was taken into custody: I believe he was not of sound mind then, for he left in an abrupt manner, when we were eating - two days before that my landlord offered him a shirt and a handkerchief - after looking at them he went away without them.

COURT. Q. These were acts of kindness to him? A. Yes, on account of his poverty; no offence was given to him - he left without any cause.

  BERNARD REID . I live in Phoenix-street, Somer's-town. the prisoner lodged with me about the beginning of 1825, for about two months, and returned about three months ago; he remained with me about two months - I am postive that at times he was not of sound mind; the second time he came to my house he was clothed in rags, and said he had been sleeping in the fields for some months; I clothed and fed him, and one day, without any cause, he was standing talking civilly to me and my wife, he put his hand into his pocket, took out a handful of halfpence, and threw in our faces - at another time he would suddenly run out of the house, and go and sleep in the fields, without any provocation, when he might sleep in the house; this happened three or four times - at other times he has been quite rational; his conduct was mild and humane, except when these mad fits were on him - he, on one occasion, begged my pardon for what occurred, and said he believed his head was not right occasionally, having been wounded in the head in Spain, and I think I have seen a scar on his head.

  RICHARD SKINNER . I live in Phoenix-street. The prisoner lodged with me for twelve months four or five years ago - I believe at times he was not of sound mind; after he had been at our house two or three months, he brought down his pot of shoemakers' paste, and said to my wife,"I imagine, Madam, this has offended you;" she asked him why, he said he did not know in what manner, and immediately threw it over the house; my wife had said nothing to him about it - I have got many people to order shoes of him; he has bought the leather, kept it a week, then took it back to the person not touched, though he has paid for the leather out of his own pocket - a person lent him 30s. for the materials to make a pair of boots - he kept the money a fortnight, then brought it to me, and told me the Spaniards would not allow him to make boots for the English - at other times he has appeared rational; he then appeared humane and gentle.

  JOHN JAMES LOBO . I am a Spaniard, and a merchant of this City. I have seen the prisoner at my house at times - I know he has been much distressed in circumstances lately; I have not known him long, but think occasionally he was not of sound mind - he has begged of me in a manner, which no one in his senses would have done; this impression was made on my mind long before this charge.

NOT GUILTY, being insame .

 

Before Lord Chief Justice Tenterden.

717.   JAMES GOLDING was indicted for stealing, on the 10th of March , 1 carriage and wheels, value 2l. 10s. , the goods of   William Matthews .

  THOMAS FLOYD . I live in  Cleaveland-street, St. Pancras . Matthews had a child's carriage for sale - it stood at my door. On the 10th of March, at eleven o'clock, as I came down stairs, I heard a cry of Stop thief! I ran out, and turned up Howland-street, where I saw the prisoner with part of the carriage in his hand; he was stopped at that time, and was speaking to a boy - I went up, and told him to take it back; he would not: I took it from him, and brought it back to my house - he was secured; it was the carriage without the body.

  WILLIAM MATTHEWS . The carriage and wheels belong to me - they were within an iron railing, against the wall of the house, and tied by a string.

Prisoner's Defence. I was going after work - the man

swore it was found on me, but it was a long way behind me; I was not stopped, but stopped myself.

GUILTY . Aged 18.

Transported for Seven Years .

 

Before Mr.   Baron Garrow .

718.   WILLIAM JAY was indicted for stealing, on the 25th of March , 1 box, value 1s.; 6 gowns, value 20s.; 5 shifts, value 5sl.; 2 pairs of stays, value 2s.; 4 petticoats, value 8s.; 10 aprons, value 5s.; 4 pairs of stockings, value 4s.; 3 caps, value 1s.; 2 pairs of shoes, value 2s.; 2 books, value 3s., and 1 sovereign , the property of   Jane Williams .

  JANE WILLIAMS . I live in  Leicester-place, Leicester-square , and am single ; I had seen the prisoner once. On the 25th of March I gave him a box to take to No. 16, Leicester-place, Leicester-square; I gave it to him at my own door, a little before eight o'clock in the morning - I went down stairs to get my bonnet and bundle; he was to wait to go with me - I came up in about three minutes, and he was gone: I went to the place, but did not find either him or the box; I found the box at Marlborough-street, where he was in custody.

  MARTHA BALDWIN . I found the prisoner at my house last Thursday week, talking to my husband - he asked me to pledge some things for him at Williams', Townsend's, and Lazarus' - he gave me them to pawn, and left the box in my possession.

Prisoner. Q. Did I not give you the box? A. No, you left it with me till you should return from the country.

  WILLIAM WILLIAMS . I am in the service of a pawnbroker. I have two gowns and an apron, pawned at master's, on the 26th of March, for 7s., by Baldwin.

  THEODORE TOWNSEND . I am a pawnbroker. I have three shifts, pawned on the 26th of March, by Baldwin.

  CHARLES LAZARUS . I bought two gowns, two petticoats, and a pair of stays, of Baldwin.

  JANE WILLIAMS . These are all mine.

Prisoner. She has sworn to six gowns, and there were not so many - there was no sovereign in the box.

  JANE WILLIAMS . The money was in a black purse, and there were six gowns.

  BENJAMIN SCHOFIELD . I apprehended the prisoner on the 30th of March, in Cleaveland-street; I told him it was on a charge of stealing a box which he had from a young woman - he said he had made away with the things, but would get them all back for 8s.

The prisoner put in a written Defence, stating that the prosecutrix had told him to come early in the morning for her box, and not to make a noise, as she was going to leave unknown to her mistress - that she promised to overtake him, but never did, and that he had pawned the articles, not being able to find the owner.

  JANE WILLIAMS . I did tell him I was going to leave my place secretly.

GUILTY . Aged 28.

Transported for Seven Years .

 

719.   FELIX MELIOT was indicted for stealing. on the 30th of March , 2 shirts, value 5s. , the goods of   William Dyke .

  WILLIAM DYKE . I am an assistant at  Durham-house academy, Chelsea . The prisoner was employed there, to look after the pupils in the play-ground - he lived in the house; he left last Monday week: I knew he was going away - he did not sleep in my room, but had access to it; I missed two shirts the day after he was gone - I saw them at Bow-street, in Stevens' possession; I missed three - he went to my room when he chose: they have my mark on them, and are Nos. 10 and 1l, which I missed.

Cross-examined by MR. PHILLIPS. Q. Had you not been on very intimate terms? A. I had; I once asked him to lend me a cloak, but did not use it - I once lent him a shirt, and I lent him a portmanteau; when he was going away he gave me the address of the place he was going to- it was Dorchester: I cannot suppose it possible that my shirts could get intermixed with his.

  SAMUEL STEVENS . I apprehended the prisoner at Dorchester - I went by desire of Sir   Richard Birnie ; I found him in custody there, and told him I had a warrant against him - he asked what for; I said for stealing two shirts from Mr. Dyke; he felt very much surprised, and said he should not have hesitated in taking half a dozen, as they were on such friendly terms; I searched his portmanteau - he said"There is one of his shirts;" I asked where the other was- he said he did not know: I said, "Perhaps you have got it on," and I found he had got it ou.(Property produced and sworn to.)

The prisoner, in his Defence, stated that the prosecutor and him were on the most friendly terms - that the shirts must have got into his box by mistake; at any time if he wanted a clean one he should not have hesitated in taking one from the prosecutor's box, without asking his leave, and that he had left his correct address with all the ushers of the academy.

NOT GUILTY .

 

First London Jury. - Before Mr. Recorder.

720.   ROBERT CRAGG was indicted for embezzlement .

  JOHN SHAW . I am a partner in the firm of Lucas and Co., lightermen , in Harp-lane, Tower-street. The prisoner has been in our employ, as clerk , for four years; Hodson and Moore were both indebted to us on the 6th of March: I gave the prisoner directions to call on Hodson for 1l. 14s. 6d., and on   Edward Moore for his account - he was to have received them on the next day, which was Saturday; he was in the counting-house on Saturday morning, and left without notice - I did not see him again till the Thursday, when he was in custody - he has never paid in either of those sums.

Cross-examined by MR. CRESWELL. Q. Did you give him a receipt to give the parties? A. No; he had money which he could buy one with - he was to receive 14l. 5s. from Mr. Moore, but there was an error in the account, and he has not accounted for that; he was articled to us for a term, but with a salary.

  JAMES HODSON . I am in the employ of   Thomas Hodson and Son, sugar-refiners, of  Church-lane, Whitechapel . The prisoner applied to me on the 7th of March, when I paid him 1l. 14s. 6d., about eleven o'clock in the morning; I have the receipt - I saw him write it: (read.)

  EDWARD MOORE . On the 7th of March I owed Lucas and Co. 14l. 3s. 5d.: the prisoner applied for it on Saturday, the 7th of March, and asked me if I could settle the account - he made it 14l. 5s. 5d.; there was an error, and I paid him 14l. 3s.; I gave him a cheque for part, and

part in money - he gave me a receipt, which I produce; I saw him sign it; (read.)

  CHARLES HERDSFIELD . I am an officer. I apprehended the prisoner on the 13th of March. in West-square, Gravesend, at a public-house; I said, "Well, young gentleman, what do you think of yourself;" he said he had nothing to say - I asked what he had done with the money - he said he had lost six sovereigns out of his pocket, and the rest he had spent: I asked if there was any money at this public-house, as I understood he had given the publican two sovereigns and a half, to take care of; but I found only half a sovereign in the publican's care.

GUILTY . Aged 18.

Transported for Fourteen Years .

 

721.   JAMES OSBORN was indicted for stealing, on the 27th of February , 1 handkerchief, value 3s., the goods of   Charles Gardiner , from his person .

  CHARLES GARDINER . I am a wine-merchant , and live in Philpot-lane. On the 27th of February, between nine and ten o'clock in the morning, I was in Newgate-street, coming into the City, and missed my handkerchief; I did not perceive it taken - I saw the prisoner near me on Snow-hill; he appeared alone; finding him behind me rather longer than I liked, I stood in  Newgate-street for him to pass me; I put my hand to my pocket as soon as he passed me, and missed my handkerchief - I immediately collared him, and charged him with having taken it - he drew it from his breast pocket, and gave it to me; I held him till an officer came, and then delivered him up.(Property produced and sworn to.)

  HENRY COLLEY . I am an officer, and took him in charge.

Prisoner's Defence. I was walking up Newgate-street, and saw the handkerchief lying at the threshold of a door; I picked it up - Mr. Gardiner came and said, "You have got my handkerchief;" I turned round, and gave it him from my hand.

MR. GARDINER. It was a very dirty day, and the handkerchief was as clean as possible; it could not have fallen out of my pocket.

GUILTY . Aged 19.

Confined One Year , and Twice Whipped .

 

722.   JOHN USHER was indicted for stealing, on the 3d of April , 1 handkerchief, value 3s., the goods of   George Kearsley Dawson , from his person .

  GEORGE KEARSLEY DAWSON . I am an ink-manufacturer , and live in Earl-street, Red Lion-square. On the 3d of April, about seven o'clock in the evening, I was returning home, and had my handkerchief in my pocket ten minutes before this happened - I did not perceive it taken, but near  Gray's Inn-lane a person came up and told me it was gone; I then felt, and missed it - I saw the prisoner taken by an officer; it has not been found: he had three persons in his company - two of them ran west; he and another ran down Holborn-hill.

  JAMES AYLING . I am a turner, and work for my father. I was in Holborn, and saw the prisoner and two or three others walking very close to the prosecutor; the prisoner was arm-in-arm with the one who took the handkerchief - I was not above three yards off, by their side, walking in the gutter; when it was taken I informed Mr. Dawson, and said I would show him the person who took it; they had turned back towards Gray's Inn-lane - it was taken about twenty yards above Gray's Inn-lane: when I overtook them they were between Gray's Inn-lane and Brooke-street, all four standing together - they staid there till they heard us inquiring for an officer, then two went one way and two the other; the prisoner and the man went took it went towards Field-lane - he was secured before I lost sight of him: the others got quite away; I should know them again if they were dressed as they were then.

  JOHN HOLLAND . I am street-keeper of St. Andrew's, Holborn. I heard the prosecutor say he had been robbed - the prisoner was pointed out; I crossed, and laid hold of him about the end of Leather-lane - he was then alone; he said he was innocent: I searched him, but found nothing on him. The City bounds are about two houses on this side of Gray's Inn-lane - this was done in Middlesex.

Prisoner's Defence. I was coming from a friend's house in Gray's Inn-lane, into Holborn, and seeing a young man I knew, I spoke to him, and walked by the side of him to Brooke-street: a gentleman came and said he had got a handkerchief - I walked on, and by Leather-lane the beadle took me.

GUILTY (of stealing, but not from the person .) Aged 19.

Transported for Seven Years .

 

723.   JAMES SHAW was indicted for stealing, on the 2d of April , 1 handkerchief, value 1s., the goods of a person unknown, from his person .

  WILLIAM MARCH , JUN. I am a fishing-tackle maker, and live in  Fleet-street . On the 2d of April I saw the prisoner, with two more young persons, between five and six o'clock in the evening; I stood at my father's door, and saw him put his hand into a gentleman's pocket - he took out a handkerchief, put it into his bosom, and walked away with it; the other two were with him at the time: the gentleman was a stranger to me - as soon as he had taken it I stepped from the door, collared him, and took him into the shop; I went to look for the gentleman, but could not find him - I have not seen him since: I do not think I should know him; the prisoner threw the handkerchief down after I had collared him - he said he had picked it up; that could not be true.

  JOHN MAHONEY . I am porter to the overseers of the parish. I was going by Lombard-street, Fleet-street, and saw March come out of his shop and collar the prisoner, who immediately threw the handkerchief down; I picked it up, and gave it to March at the door.

  WILLIAM MARCH . I am ward-beadle of St. Dunstan's. I received the prisoner in charge with the handkerchief, from Mahoney.

Prisoner's Defence, I never had it in my possession - the gentleman collared and took me into the shop; a mob gathered, and somebody threw down the handkerchief - two young men were before me, but I had nothing to do with them.

GUILTY . Aged 19.

Confined One Year , and Twice Whipped .

 

724.   JOSEPH WHITE was indicted for stealing, on the 4th of April , 4 deal boards, value 10s. , the goodsof   George Notley .

  GEORGE NOTLEY . I live in  Thames-street , and am a

carpenter . On the 4th of April, a little after twelve o'clock, I left my shop to go to dinner - these boards were then lying on the pavement, under the shop-window; I worked with the prisoner about twenty years ago, and he often called at my shop to inquire for work - he had been asking for work that very week; I did not see him take the deals, but he was brought back with them by Field; he told me he was sorry for it, and that distress made him do it.

  JOHN FIELD . I know Notley: I saw the four boards on the prisoner's back, about three hundred yards from the shop, on Addle-hill; I turned round, and knew them to be Notley's - I immediately went out, followed, and stopped him, and said, "Where are you going with these?" he said Notley had sent him for them: I said, "No, you have stolen them;" I took him back, and Notley claimed them; I knew them, having sawed them - I knew them by the nature of the wood; I had only sawed themhalf an hour before.

  GEORGE NOTLEY . I had not told him to take them, nor had I seen him that day.

  NATHANIEL MINES . I am a constable. I received the prisoner in charge; he said he was sorry for it.

Prisoner's Defence. I was going down Bennett's-hill to Coombs, a carpenter, who I once worked for; I saw a man with the deals - he asked me to take them to Silver-street, Wood-street, for him, and he would overtake me; I rested on the post till he came.

GUILTY . Aged 54.

Confined One Month .

 

725.   JOHN STAY and   STEPHEN BERTON were indicted for stealing, on the 1st of April , 1 handkerchief, value 2s., the goods of   Frederick Charles Grantoff , from his person .

  FREDERICK CHARLES GRANTOFF . I am a merchant , and live in Mark-lane. On the 1st of April I was in  Fenchurch-street , going towards home; I had come from the country, and had a yellow silk handkerchief in my great coat pocket - I did not feel it taken, but was called to, and on turning round saw it in the bands of an officer; I knew it to be mine - it had my initials on it; the officer had Stay in custody - I did not see Berton till he was at the Mansion-house.

  CHARLES HERDSFIELD . I am an officer. I first saw the prosecutor in Eastcheap - the prisoners were then following him, and I watched them; they followed him up Philpot-lane, into Fenchurch-street, and opposite Ironmonger-hall, Berton took the handkerchief out of Mr. Grantoff's pocket; he looked round several times to see if he was watched - Stay was close behind him; they both turned round, and were coming back - I was behind them, and went to lay hold of them both, but Berton threw the handkerchief down, and run away; I laid hold of Stay - White, who was with me, followed Berton, and brought him up in about three or four minutes.(Property produced and sworn to.)

  THOMAS WHITE . I was with Herdsfield, following the prisoners; I saw a hand go to the prosecutor - they turned round; Herdsfield took Stay - Berton ran away; I pursued - a man gave him a push, knocked him down, and I took him; he had turned the corner of Lime-street.

STAY's Defence. This chap was going before me; I never saw him before; the gentleman laid hold of me - I did not know what it was for.

BERTON's Defence. I was going up Fenchurch-street by myself, and the officer took me.

STAY - GUILTY . Aged 19.

BERTON - GUILTY . Aged 19.

Confined One Year , and Twice Whipped .

 

726.   PATRICK FLYNN was indicted for stealing, on the 9th of March , 1 snuff-box, value 2s. , the goods of   Henry Edwards .

  HENRY EDWARDS . I keep a snuff-shop in  Cannon-street . On the 9th of March, about seven o'clock in the evening, I was in my shop; the prisoner and three others came in together - the other three bought 1d. worth of tobacco each; the prisoner asked for nothing - these snuff-boxes were on the counter within their reach, but there was a wire guard before them - they paid for the tobacco, and all went away together: a lad came, and gave me information almost immediately; I then pursued, and found them all together about one hundred yards off - I laid hold of the prisoner, and charged him with having stolen a snuff-box; he denied it - the other three went on; they returned after I had taken him to the watch-house - he was searched, but no box found; I perceived a vacancy on the tray, which was not so when they came in, I am certain - there was one or two other customers in the shop, who remained there after I received the information; one of them went with me to assist - the prisoner was close to the guard; the others were at the bottom of the counter, and could not have taken it - I saw the box before the Magistrate, and knew it; immediately I laid hold of the prisoner I observed his arm move, and the box was thrown into the middle of the street.

  HENRY BROWN . I am warehouse boy to Mr. Morris, a parchment manufacturer. I was outside the prosecutor's window, looking through, and saw the prisoner take the box; directly he came out, I informed Edwards, and ran after him; I saw him taken, and saw him throw the box across the road - I took it up, and gave it to Goodhew.

Prisoner. Q. How could you distinguish me from the rest of the men? A. By seeing him take it, and he was nearest the guard.

  WILLIAM GOODHEW . I am a constable. I was in Cannon-street, and saw the prisoner and three more go by; I saw the prosecutor seize him; I went up, and received him in charge - Brown picked up the box, which I had heard full.(Property produced and sworn to.)

Prisoner's Defence. On returning from work, with the other three men, one of them proposed going to this shop to buy tobacco; they lodge in the same house with me, and I went with them; when we came out this gentleman seized me, and said I had taken a snuff-box - the boy said he could swear to me because I wore a smock-frock.

GUILTY . Aged 26.

Confined One Year .

 

727.   JOSEPH BURN was indicted for embezzlement .   THOMAS WEBB . I am a baker , and live in Jewry-

street, Aldgate; the prisoner came into my service shortly after Christmas, and received money for me; I had a very good character with him - his duty was to account to me daily for money received; he paid me nothing as received from Kent, who is Batho's servant , not on account of the 7s. 8d.; nor had be accounted to me for 2s. 11d. received from Lawrence; I discovered this on the 1st of April, and told him I had found he had received money, and not given it to me, and asked him if he had not received the money; he said he was very sorry he had done so, that he had been gambling, and lost it - I neither threatened nor promised him any thing.

Cross-examined by MR. BARRY. Q. On what day did he receive it? A. I cannot say; I kept an account against him, but my books are not here - I only entered in them what he did pay; I am certain this has not been accounted for.

  JANE KENT . I am servant to Mr. Batho, of  America-square . On the 18th of March I paid the prisoner 7s. 8d. when he brought the bread; I saw him write this receipt- (read) - on Wednesday. as I did not receive a subsequent bill. I told Mr. Webb; I had asked the prisoner for the bill first, and he said his master had not given it him.

Cross-examined. Q. Did you pay any bills at the shop? A. Yes, frequently.

  CHARLOTTE LAWRENCE . I am servant to Mr. Hoppe, of the Minories. He dealt with the prisoner; the prisoner delivered the bread, and brought a bill every Monday morning; I paid him on the 31st of March this bill of 2s., and gave him the pen to write the receipt (read): I heard on the Thursday following that his master had not received it.

Cross-examined. Q. Did you ever pay at the shop? A. No; I always paid the prisoner.

  THOMAS WEBB . I made out this bill, and am certain he did not account to me for it; the bill not being paid at the particular day induced me to look over the accounts.

The prisoner received a good character.

GUILTY. Aged 29.

Recommended to Mercy - Fined 1s. and Discharged.

 

NEW COURT, First Day.

Fourth Middlesex Jury - before Mr. Sergeant Arabin.

728.   JOHN STONE was indicted for stealing, on the 26th of March , 2 pictures, value 4l. , the goods of   Thomas Baley .

The prisoner pleaded GUILTY . Aged 49.

Confined Six Months .

 

729.   JOHN JUTSUM was indicted for stealing, on the 27th of February , 1 milk jug, value 8s. , the goods of   John Wheeler .

  MARY HOARE . I am servant to Mr.   John Wheeler , who lives in  Princes-street, Hanover-square . On the 27th of February, about one o'clock, I saw the prisoner in the kitchen passage, as I was going up stairs with the dinner; I asked him what he wanted - I do not know what he said; but I told him to wait a few minutes and I would be back, as I thought he came with the baker's bill - in three or four minutes I came back, and saw him coming out of the kitchen door; I asked what brought him into the kitchen - he said

Nothing; he got between me and the door, and ran up five of the area steps - I ran and caught hold of the skirt of his coat; he said,

"Let me go;" I said I would not, and brought him back into the kitchen; I called out and my master came down - the prisoner then took the milk-jug out of his pocket - I had seen it safe half an hour before.

Prisoner. Q. Did I not come back willingly? A. No; you asked me to let you go; I am certain you took the jug out of your pocket.

  BENJAMIN WILLIAM VALENTINE . I am an officer. I took the prisoner, and have this jug.(Property produced and sworn to.)

The prisoner put in a written Defence, stating that he had called at the house to leave his card to solicit orders as a glazier , declaring that he had not touched the jug, and that the prosecutor offered to liberate him if he would acknowledge having taken it.

  MARY HOARE . I believe he gave a card to my master after he was detained; I did not hear my master say if he would acknowledge to taking the cream-ewer he would let him go; I saw him pull it out of his pocket.

GUILTY . Aged 27.

Transported for Seven Years .

 

730.   ANTHONY BRIANT was indicted for stealing, on the 20th of March , I handkerchief, value 5s., the goods of   John Hoffman , from his person .

  JOHN HOFFMAN . On the 20th of March I was in  Regent-street , between four and five o'clock in the afternoon - a boy told me my pocket had been picked; I saw two little boys facing me, and took hold of one of them; he said, it was not him but another; I turned and saw the prisoner running - I followed, but lost him; I afterwards met him in Argyll-street in custody; I believe him to be the boy.

Cross-examined by MR. PHILLIPS. Q. You lost sight of him? A. Yes, for about five minutes; I may be mistaken.

  JAMES STORE . I deliver out cards for a shoemaker; I was in Regent-street, and heard the gentleman call Stop. thief! three or four times - I saw the prisoner running towards Argyll-street - I followed, and picked up this handkerchief in King-street, which the prisoner dropped; I am sure he is the boy - I never lost sight of him from the time he dropped it.

Cross-examined. Q. Have you no other occupation? A. No; the gentleman pays me to watch the door and give out cards.

Prisoner's Defence. I saw two people walking. and a yellow pocket handkerchief fell from between them - I took it up and crossed the road; I heard a cry of Stop thief! and laid it down.

NOT GUILTY .

 

731.   LEWIS JOSEPHS was indicted for stealing. on the 13th of March , 50 yards of silk twist, value 4s. , the goods of   Abraham Brown .

  EDWARD PRINCE . I am servant to Mr.   Abraham Brown , a tailor , of  King-street, Golden-square . On the 13th of March, about eight o'clock in the morning, the prisoner came for a yard of black mixed twist - while I was looking it out, he took a piece of black mixed cloth out of his pocket, laid it over his hand, and took a ball of twist out of the drawer; I took the drawer from the counter, set

it on the table, and said, "You have a ball of twist;" he denied it - I called my master; he then threw the twist over the counter; I took it up and put it into my pocket; I am sure it was my master's - I saw his hand open while in the act of taking it.

Cross-examined by MR. PHILLIPS. Q. Was any one else in the shop? A. No; he put the twist into his pocket, took it out again, and threw it towards the drawer; he could not run away, for I went round and bolted the door; the twist was in his possession about a minute and a half while I was matching it; he shut the door when he came in - he stopped till my master came; he had an opportunity of running away after I accused him, but did not attempt it; I called my master - he told me to detain him, and I then bolted the door; my master was not up - he came into the shop with nothing on but his trousers; he went out of the shop to get his clothes - I stood at the door with the door bolted.

  WILLIAM WESTCOAT , I am an officer. I received the prisoner with this twist and cloth.

Cross-examined. Q. Did Mr. Brown say if he would give him 30s. he should not be prosecuted? A. He said he had offered him 30s. before he came to the office; I found on him a duplicate for 2s., a watch, and 6d.

  ABRAHAM BROWN . I keep this shop. Prince called to me, and said

"I have got a thief - he has got a ball of twist;" I got out of bed, and came into the shop: I said to the prisoner" You are the man we have been looking for for some time, as I have lost a great many balls of twist;" I sent for Avis, but he was in bed - I then told him if he would go quietly with me to the office it would be some proof of his honesty; he first said he was a tailor, and then a pencil-maker - he went very quietly part of the way to the office - then said "I know where you are going to take me, but if you will go to my father's I will give you 10s.;" I then said "I must handle you;" he then offered me 1l., and when we got into the office he offered me 30s.

Q. Did you say, "If you will give me 30s. I will pardon you?" A. No, certainly not - the offer came from him.

Cross-examined. Q. Did you know him before? A. I have frequently seen him at the shop; I should not have taken the 30s. of him - I never did of any one - I did not of Prince's father - that I swear; I had not to leave the shop to get my clothes - they were brought to me; the prisoner had got down a short street before I took hold of him - I had told him I would take him to a friend of mine; he heard me send for an officer - he stopped, hesitated, and wanted to wheel off, but did not attempt to run.

Prisoner's Defence. I had this ball in my hand, and said "Do you think this colour will do?" he said "No- I think black would do;" before I had time to put it down, he said "You are going to steal that;" I said "I am not:" he took the drawers away - I put down the ball, and he called his master; the prosecutor said if I would give him 30s. he would let me go; the officer said it must not be.

JURY to   EDWARD PRINCE . Q. When he first came into the shop, what did he ask for? A. A yard of black mixed twist; I saw him throw it away.

COURT. Q. Did he at all match it with cloth? A. No.

GUILTY . Aged 26.

Transported for Seven Years .

 

732.   JAMES JONES was indicted for stealing, on the 29th of November , 4 sheets, value 30s.; 1 table-cloth, value 4l; 7 napkins, value 10s., and 1 box, value 2s. , the goods of   Laurence Peel , Esq .

  SARAH TURNER . I am housekeeper to Laurence Peel, Esq., of  Park-street, Grosvenor-square . In October last the family were out of town; the prisoner's wife was left in care of the house - I did not know her; Mr. Marsh, Mr. Peel's agent, had put them in possession - I came to town the beginning of October, for some things to take to the family at Tonbridge-wells; I found the prisoner there - I went to the linen chest, gave him the key, and he unlocked it for me; I saw that he could not lock the chest afterwards, but I locked the door of the room in which it was, and took the key with me - I went away, leaving him; his wife was not there at the time - I came to town again on the 23l. of December, and then missed the articles charged in the indictment; I could not tell whether the room was broken open - I understood the prisoner had been coachman to Mrs.   Hughes Ball before he was put in possession.

  JAMES HILL . I am in the employ of a pawnbroker in Guildford-street. I produce a table-cloth, five napkins, and a little toilet-box, which I bought of the prisoner on the 30th of August; I had before that, seen a book in his possession, with I Peel upon it - I heard of the robbery, and put the box by, expecting to see him again: he came some time afterwards, and asked me to buy some tablecloths which were in pawn: I said I would, and told him to bring the duplicate - he brought an affidavit of them, and I went and got them out; these are the articles - I saw L.P. on them: he came again at seven o'clock, as I had told him, and he was taken into custody.

  WILLIAM HENRY BARNES . Hill sent me to redeem these table-cloths from Mr. Cotterell's.

  WILLIAM PACKER . I am foreman to Mr. Cotterell, a pawnbroker. I have four sheets, which were pawned by the same person who made the affidavit of the table-cloths, by which I can state that it was the prisoner who pawned them.

  THOMAS CLEMENTS . I went to the house, and examined the door; it had not been forced - it must have been opened with a key: I examined the box, and found it had been opened in a very coarse manner, by a chisel.(Property produced and sworn to.)

Prisoner's Defence It is very singular the pawnbroker should not stop me at the time he took the box, instead of keeping it from August till March; I had been out of employ from July till Christmas, and got nothing but a few shillings to take care of this house.

GUILTY . Aged 36.

Transported for Seven Years .

 

733.   JAMES HOBBS was indicted for stealing, on the 8th of March , 3 silver spoons, value 30s., and 2 brushes, value 2s. , the goods of   Adam Hill .

  ADAM HILL . I am a publican , and live in  Great Chapel-street, Westminster ; the prisoner was in my employ, to clean knives, forks, and shoes. On the 8th of

March, when he was gone, I missed three table-spoons from the parlour cupboard - they might have been taken from the kitchen; the parlour cupboard was their place; he had been in the habit of coming from day to day.

  CHARLES JOHNSON . I am shopman to a pawnbroker. I have a table-spoon, pawned by the prisoner, on the 25th of February.

  LEONARD GEORGE NEEDES . I am a pawnbroker. I have a spoon, pawned by the prisoner, on the 7th of March.

  JOHN JAMES LLOVD . I am a pawnbroker, and live in Strutton-ground, Westminster, I have a spoon, pawned on the 5th of March by the prisoner.(Property produced and sworn to.)

GUILTY . Aged 35.

Transported for Seven Years .

 

734.   ALLEN HAYES was indicted for stealing, on the 28th of March , 1 coat, value 3l., and 1 pair of trousers, value 30s. , the goods of   George Mayes .

  GEORGE MAYES . I am a tailor , and live in Frederick-street, Regent's-park. The prisoner came and told me he knew a gentleman who would be a good customer - that his name was Power, and if I would go with him he would give me the order; we went to No. 1,  New Boswell-court - the prisoner and another man, who I understand is his brother, came down together; the prisoner called him Dr. Power; I knew nothing of him, but I knew the prisoner, as he used to call at my house to sell tea - the prisoner was present when I made the agreement for the clothes, with the man who I thought was Dr. Power, but not when I measured him; I got a coat and a pair of trousers finished for him by the Saturday night, and took them to the same place; I knocked at the door, and asked for Mr. Power; the landlady said, "There is no Mr. Power here, he is gone to Ireland - he went away last week;" I went up stairs, and in a room I saw Dr. Power, as I thought him; he looked at the clothes, and said could I give him change for a 10l. note - I said I had no money about me; he said,"If you will go with me to the Strand we can get it;" I saw nothing of the prisoner at that time - we went out, and he went to two or three shops, and said he could not get change; he then gave me the key, and said go and wait in my room till I come back - I went and told the landlady I was to wait in Dr. Power's room; she said there was no Dr. Power there, I went up, and found the door open - the clothes were gone; I waited all night, but no one came - I should not have left the clothes without the money; we left the house about twenty minutes past nine o'clock, or hardly so much.

  DOROTHY CHAPMAN . I live in New Boswell-court, and know the prisoner - he never lodged in my house; his brother,   John Hayes , lodged there with a young gentleman named Power, who is a medical man, and is attending lectures - Mr. Power had left my house on the Monday previous to the Saturday in question, to go to Ireland; the prisoner visited his brother - they had an apartment at the top of the house: I remember the witness bringing the things home on the Saturday evening- the prisoner had been there that evening. but whether he was in the house at that time I cannot tell; his brother had come in first and spoke to me - I saw the prisoner pass up the stairs at the time, and I believe he was in the house when the clothes were brought, but be might have gone out; I did not see his brother quit my house, but I never saw him after he spoke to me - he took every thing away belonging to him; I do not know what became of the clothes: the tailor returned with the key, and then found they were gone - he remained there all night; next morning he rang the bell, at seven o'clock, and my husband answered it.

  JOHN AMBROSE . I was at Mrs. Chapman's house, and about twenty minutes after nine o'clock, I saw a person, who I have no doubt was the prisoner, quit the house, carrying a small hand basket, which seemed about half full - I had not seen him before, but have no doubt of his person.

Cross-examined by MR. DUNN. Q. Where do you live? A. I occupy the room adjoining the prisoner's brother; I was at the door when I saw him going out - he opened the door for me to go in. I was at Bow-street, and said I had no doubt but that was the man.

Q. Upon your oath, did you not say "I believe him to be the man, but I am not certain?" A. I have no doubt.

COURT. He said "I believe the prisoner to be the man, but I am not certain - I have no doubt."

MR. DUNN. Q. Did you not first say you did not think the prisoner was the man, but when it was found that you lived in the next room, did you not then add "I have no doubt?" A. I have no doubt - I heard nothing of this till next morning; I told my wife of it on the Sunday, and she related it: I appeared at the second examination- I did not know of the first one: I did not see what was in the basket.

MR. DUNN to   GEORGE MAYES . Q. Had you done any business with the prisoner previous to this? A. I made a waistcoat for him some time ago, and he asked me if I could make him a coat and take part in tea; when it was done, he wanted to take it away without any money, and said he would bring 1l. on the Monday; I would not let it go; I pawned it, and gave him the duplicate to take it out - he did not like it, and gave me back the duplicate; he then said he had a friend named Dr. Power, and introduced me to this person - he told me he was Dr. Power, a nephew of Dr. Power, in Leicester-place; he did not tell me that a Mr. Power also wanted some clothes; when I went on the Saturday the landlady told me Mr. Power was gone to Ireland, but Mr. Hayes was up stairs - I ran up and said, "Is Mr. Power at home;" the prisoner's brother came and said, "Have you brought my clothes?" it bad been agreed that I was to have 3l. 10s. for the coat and 30s. for the trousers; I did not see any note - he put his hand into his pocket-book, and said he had got a 10l. note, and it was rather late to get change; I saw nothing of the prisoner at this time - I went with the brother to the Strand, and waited while he went into three different shops, but I did not go in - he did not prevent my going in; when he came out he said he could not get change; he then gave me the key, and told me to go to his lodging, he was going to a friend of his to get change, and he would come back and pay me: I took the prisoner on the Monday at the same house; I asked him what had become of the clothes - he said,"They are all right, my brother has got them, and he is gone

to Ireland; the landlady said a man thought he met such a person with the clothes under his arm; we could not find Ambrose at the first examination; the landlady was asked whether there was any other man in the house but them - she said No; the Magistrate then asked who occupied the next room - and then it came out that Ambrose did; the prisoner was remanded on that evidence.

MRS. CHAPMAN re-examined. Q. Did you make any inquiry about   John Hayes ? A. He came to lodge with Mr. Power - the prisoner came on the Monday to inquire whether there had been any letters for his brother - I said there had been one, but I did not take it in.

Prisoner's Defence. I was acquainted with Mr. Mayes for about twelve months: I then introduced him to my brother and Mr. Power - my brother gave him orders for a coat and trousers, which he delivered to him; my brother had a letter coming from lreland with some money in it - I called on the landlady on Monday, and the prosecutor said,"Your brother has taken away my clothes;" I said," I know nothing about it."

NOT GUILTY .

 

735.   ELIZA HASLER was indicted for stealing, on the 5th of March , 1 gown, value 5s. , the goods of   William Gofton .

  JAMES HILL . I am shopman to Mr.   William Gofton . On the morning of the 5th of March the prisoner was in the shop - I saw her unpin a gown; she waited a few minutes and left the shop; I missed the gown, and followed her down Robert-street; I accused her of having stolen a gown - she said she had not; I held her child while she turned up her cloak - it was not there; I said she was the person, but as she had not got it I must let her go; I then turned to go back, and saw it hanging over an area close to where she had been - no one else could possibly have put it there; I then ran and overtook her in South Molton-street; I mentioned many things which we had lost - she said she had not taken them, and ran into a public-house; I sent for the officer.

Cross-examined by MR. PHILLIPS. Q. How many persons were there in the shop? A. Perhaps about twelve; I must have passed this gown in the area, but my eyes were intent on her; she had only gone one door past the area-other persons left the shop while she was there, but I was induced to watch her; I cannot tell whether I was serving any body, I might, and yet looking at her; I did not see her take the gown, but I saw her unpin it; nobody but her left after she did unpin it,

NOT GUILTY .

 

736.   WILLIAM DAVIS was indicted for stealing, on the 4th of March , 4 bits, value 15s.; 2 bridles, value 10s., and 2 bidoons, value 5s. , the goods of   George Cummings , Esq .

  CHARLES EMMERSON . I am coachman to George Cummings, Esq.; his stables are in  Masons's-yard, Duke-street, St. James' . On the 4th of March I was in the Chequers public-house, and saw the prisoner and another person come to the mews, go into the stable, and come out again; they were strangers to me, but three other persons' horses stand there; they went down Duke-street, and I saw the prisoner had something in a bag - I pursued, and took him n King-street; I asked what he had in the bag - he said, nothing of mine; I looked, and saw these articles; I brought him back; Webb, the officer, took him - his companion got away.

Cross-examined by MR. PHILLIPS. Q. Did not he say the other person gave him these things to carry? A. No; the window of the public-house was only four or five yards from the stable door, I could see it very plain - I am sure he went in; it was between three and four o'clock in the afternoon.

  BENJAMIN WEBB . I am constable. I took the prisoner and found 9s. 6d. on him.(Property produced and sworn to.)

GUILTY . Aged 24.

Transported for Seven Years .

 

737.   HENRY GIDDES and   ALEXANDER GIDDES were indicted for stealing, on the 4th of March , 20 lbs. of paper, value 5s. , the goods of   Sarah Dennis Goulding , and   Thomas Dalmain .

SECOND COUNT, stating it to belong to   Thomas Dalmain and another.

  WILLIAM JOSEPH COVENTRY . I am in the employ of Mrs.   Sarah Dennis Goulding and Thomas Dalmain, music-seller s, of  Soho-square . The two prisoners were in their employ, as blocking-in boy s; this is waste paper belonging to my employers - I know it by having deposited it in the kitchen, about a month before, and I saw it safe about a fortnight before it was taken; the prisoners had no right to it - here are about 20 lbs. weight of it.

  CHARLES HAINES . I am a cheesemonger, and live in Little Newport-street. On the 4th of March,   Alexander Giddes came to me with this paper, and asked if we bought waste paper; I said Yes - he went to the other counter, and gave it to Issac, our butterman; he said "What do you want for it?" he said, 2d. per lb. - I said "Look at it, it is worth double that money:" Issac gave him the money for it, and we sent Watson to the prosecutors', where he said he brought it from.

  THOMAS WATSON . I saw Alexander Giddes bring the paper - he wanted 2d. per lb. for it; Mr. Haines told Issac to send me with the money - I went out with Alexander to go to Goulding and Co.'s, and when we just crossed, and got into Hayes-court, we met Henry Giddes; he joined his brother, and they talked together, but I did not hear what passed: when we got about half way up Greek-street,   Alexander Giddes offered me a shilling not to go in, for fear they should lose their places - Henry must have heard that, as they were close together; he said it would be the cause of them and two others losing their places - then Henry offered me 1s. 4d. not to go in, and while I went in they ran off; I ran and caught Alexander - Henry was taken a few minutes afterwards.

  HENRY GIDDES - GUILTY . Aged 14.

Transported for Seven Years .

  ALEXANDER GIDDES - GUILTY . Aged 12.

Whipped and Discharged.

 

738.   ELIZABETH SPICE was indicted for stealing, on the 26th of March , 1 shawl, value 10s.; 1 gown, value 5s.; 1 petticoat, value 1s.; 3 handkerchiefs, value 2s., and 3 pairs of stockings, value 2s., the goods of   Eliza Fitzpatrick ; and 1 veil, value 10s., the goods of   Mary Alderton .

  MARY ALDERTON . I am servant to Mr.   Thomas Kirby , of  New Bond-street ; the prisoner was servant to a Miss Fitzpatrick, who lodged in the house. This black lace veil is mine - I missed it from the dresser drawer in the kitchen; the officer brought it to me about three weeks after the prisoner left.

  JAMES ANDREWS . I am an officer. I was searching for Miss Fitzpatrick's property in the prisoner's aunt's room, and found this veil in a box - the prisoner was there and claimed it as her's I also produce this shawl, gown, and other articles - the shawl is cut asunder.

  ELIZA FITZPATRICK . The prisoner was servant to me and my sister; these articles are all mine except the veil; she gave us notice to quit our service, and we paid her wages; we missed the property about a week after she was gone.

GUILTY . Aged 16.

739.   ELIZABETH SPICE was again indicted for stealing, on the 26th of March , 8 yards of lace, value 7s.; 9 yards of ribbon, value 8s., and 1 reticule, value 4d. , the goods of   Mary Fitzpatrick and   Ann Fitzpatrick , her mistresses.

  MARY FITZPATRICK . The prisoner was servant to me and my sister; these articles are mine; we are dressmaker s; a woman who brought the prisoner to us said she had just come from the country, and she would answer for her industry, sobriety, and honesty; she gave us warning and went away; we did not miss any thing till she was gone.

  JAMES ANDREWS . I found these articles in a box, which was partly under a bedstead - the prisoner said they were her own, and she bought them at Canterbury.

GUILTY . Aged 16.

Transported for Seven Years .

 

740.   GASGOINE GRAHAM was indicted for stealing, on the 21st of March , 1 coat, value 3s. , the goods of   Moses Raphael .

  LEWIS RAPHAEL . On the 21st of March I was at the Synagogue, and saw the prisoner going down the stairs with this coat under his arm; he went out - I went to him, and asked who he wanted; he made no answer: I walked after him, and asked what he had under his arm - he said a coat; I looked at it, and knew it to be my father's, who is beadle of the Synagogue - I brought him back, and sent for my father down; the prisoner asked me to let him go - I told him I could not: he then said he took it from the vestry-room: he is not one of our people, and had no right to the coat.

  MOSES RAPHAEL . This is my coat - it was taken from the vestry-room, where I put it about half an hour before, when I put my beadle's coat on.

GUILTY . Aged 66.

Confined Six Months .

 

741.   LOUISA GILLMORE was indicted for stealing, on the 10th of March , 1 pair of ear-rings, value 2s. , the goods of   Henry Solomons .

  SAMUEL WOLFE . I am shopman to Mr.   Henry Solomons , a jeweller , of  St. Martin's-lane . On the 10th of March the prisoner came to look at a pair of ear-rings; she asked the price of one pair - I said 4s.; she then said she would give me 2s., and then half a crown: I offered them to her for 3s. 6d., but she would not have them, and went away - I then missed a pair of ear-rings, and pursued her; she had not got more than half a yard from the door; I told her to come back, which she did - I said I missed a pair of ear-rings; she delivered these out of her band, and said she would never do the like again, and hoped I would forgive her.

  SAMUEL MANN . I am an officer, and took the prisoner- she said she had taken the ear-rings out of the shop, but did not know she had got them.

Prisoner's Defence. I went into the shop to ask the price of a pair of ear-rings; he gave me this pair into my hand, but he kept baffling me and shewing me others - I went out of the shop, and was looking in at the window; he came and said he suspected I had taken a pair of earrings - I said I had not: I then opened my hand, and was astonished to find them there - I had 1s. 3d. in my hand.

  SAMUEL WOLFE . She was not looking in the window- she had but just left the door; I did not see any money in her hand. GUILTY. Aged 18.

Recommended to Mercy . - Confined Three Months .

 

742.   JOHN WATSON was indicted for stealing, on the 24th of February , 2 snuff-boxes, value 30s. , the goods of   John Osburtas Hamley .

  JOHN OSBURTAS HAMLEY . I keep a tobacco - shop , in  Red Lion-street, Holborn . On the 24th of February two persons came in, but I was in the parlour - my wife saw them; she gave an alarm, and I ran out - my boy took the prisoner; a little girl picked up these snuff-boxes, which are mine.

  JANE HAMLEY . I am the prosecutor's wife. I was in the shop about five o'clock; a man came in, and asked for some snuff-boxes - I handed him two or three; he wanted some others, and while I was getting them the prisoner came just in at the door, and said, "Have you bought any? there is another box in the window;" it is a very small shop: I said,

"That is a very expensive box," and I did not like to let them look at it, but I did at last; the prisoner then said, "There is another, with a castle on it;" I put the other box on the counter, and went to get that - the men then went out, and I missed two boxes; I called my husband, who pursued, and brought the prisoner back; he said, "I was here, but I did not take the boxes."

  EMMA MURRAY . I live near the prosecutor. I saw the crowd going after the man, and picked up these two snuffboxes on some steps, where the crowed had passed.

  WILLIAM CLOAK . I live with the prosecutor. I heard the alarm, and ran out: I saw the prisoner run - I called Stop thief! he ran up Princes-street, and on to Gray's inn- he ran into some chambers, and up two pairs of stairs, where he was taken; I am certain he is the man.

  JOHN WADDINGTON . I took the prisoner, and found this other box on him, with some snuff in it.

Prisoner's Defence. I left home at a quarter-past five o'clock, to go to Mr. Stevenson's, who lives in the chambers; I was too late, was returning down stairs, and met the prosecutor, who accused me of robbing him - he took me back to his house, and asked his wife, if I were the person, but I had not been there.

GUILTY . Aged 30.

Transported for Seven Years .

 

743.   JOHN BAYLIN ,   WILLIAM ELLIOTT , and   ROBERT BACON were indicted for stealing, on the 25th of February , 24lbs. of lead, value 2s. , the goods of   William Wade .

  SAMUEL HOLLAND . I am a watchman of Paddington. On the 25th of February, about five minutes before seven o'clock at night, I was in Spring-place, near the Grand Junction-canal, about a hundred yards from Mr. Wade's; I saw the prisoners together - Baylin was carrying this lead- they went sharp round the corner, and up Conduit-place; I went up to them, took hold of the box, and said,"What have you here?" Baylin said lead, which he brought from Bayswater tea-gardens; the others heard him say that: I said, "Let me look at it:" he put it down, and turned it out - I said, "That will do - you must go to the watch-house;" he said very well, that he had the lead to sell for his brother; another watchman came up, and took them all to the watch-house.

  WILLIAM QUICK . I came up and asked Baylin where he brought the lead from - he said from the Bayswater tea-gardens; I said, "Are you a plumber?" he said, "No, I am a pot-boy , when in place."

  JOHN CHEESE . I am a gardener. On the 25th of February I was at Mr. Wade's, the  Bayswater tea-gardens , and saw the three prisoners there, together; they had a pot of beer - I was there till about seven o'clock.

  WILLIAM WADE . I keep the Bayswater tea-gardens . I was not at home at the time - this lead is mine; it had been lying in what we call the back shed, for three years.

BAYLIN's Defence. My brother was waiting at Mr. Wade's; we bad some beer there, and as we were coming out I stumbled against this lead.

ELLIOTT's Defence. I saw these two prisoners tying up some linen to take to the Bayswater tea-gardens; we went there, and staid till a quarter-past seven o'clock - as we were going out Baylin kicked up against this lead.

BAYLIN - GUILTY . Aged 22.

ELLIOTT - GUILTY . Aged 23.

BACON - GUILTY . Aged 19.

Confined Three Months .

 

744.   EDWARD ERRIDGE &   SAMUEL OAKLEY were indicted for stealing, on the 21st of March , 18lbs. of mutton, value 12s., and 14 lbs. of beef, value 8s. , the goods of   Henry Bellringer .

  HENRY BELLRINGER . I am a butcher , and live in the  Strand , near the New church. Oakley was in my employ, and I have seen the other prisoner in the neighbourhood. On the 13th of March I missed a leg of mutton, and on the 14th I missed two legs; I marked all the meat I had on the 17th, and set two officers to watch till the 21st, when two legs of mutton and a piece of beef were produced, which I can swear to.

Cross-examined by MR. PHILLIPS. Q. What mark did you put upon them? A. A particular mark in the cutting.

  SAMUEL STEVENS . I am a constable of Bow-street. -On the 16th of March I was told what had passed, and watched till the following Saturday morning; I saw Erridge in the constant habit of lurking about the premises, while Mr. Bellringer was at market - I can swear to his being there every morning but the Tuesday. On the Saturday morning I placed myself in a hackney-coach, and between six and seven o'clock I saw a little nephew of the prosecutor's go out with a jug, for some coffee - directly afterwards I saw Oakely come out and beckon for some one to go to the shop; I directly saw Erridge go to the shop: I distinctly saw he had nothing in his hand when he went in - he was in the shop from three to five minutes, and then came out with a basket, which appeared to be loaded; I followed down Holywell-street, and asked what he had got there - he said some meat, which was his own; I asked where he got it from - he then said it was his master's - I asked who his master was; he said that was his business: I told him I was a Bow-street officer, and my business was to inquire where he got it from; he then said a butcher who was going to Newgate-market, asked him to carry it for him; I told him I suspected he had stolen it, and put him into St. Clement's watch-house - the basket contained two legs of mutton and a piece of beef: he was near Temple-bar when I took him.

Cross-examined. Q. Could you see the shop when Erridge went in? A. I could not; I was between fifty and sixty yards off, but it was impossible for any one to go in or come out without my seeing them - I did not see Oakley in the shop at the time Erridge went in; I did not go in till after Oakley was taken.

  JOHN HALL . I was informed there was something going on wrong, and was set to watch. On the 21st of March I was in the church, and saw Oakley come out of the shop, just after the little boy came out with the jug; he looked towards Holywell-street - I saw him beckon, and in about a minute I saw Erridge walk up to the shop and go in; Oakley then took down a leg of mutton from the door, and walked into the shop - I afterwards saw Erridge come out with a basket, very heavily loaded; I went out, and followed him with the meat, but seeing the other officer I went back, and took Oakley; I said I wanted him concerning robbing his master of the meat - he said he knew nothing of it.

Cross-examined. Q. Did not Oakley tell you he went down stairs to look for his cap, and what happened while he was down he could not tell? A. I do not recollect it- to my best belief he did not; the church is not above eight yards from the shop: I found no money on Oakley, but there was 1l. 7s. found in his box.

  JOHN SWEET . I live with Mr. Bellringer. On the 21st of March I was down stairs, cleaning boots and shoes -Oakley did not come down while I was there.

Cross-examined. Q. Will you swear he might not have come part of the way down? A. No; he might have come down without my seeing him, but I think it impossible - I was not above half a dozen yards from the stairs.

Prisoner OAKLEY. Q. Did I not send you down for James' apron? A. No.

ERRIDGE's Defence. When the meat was brought to the watch-house I saw the gentleman mark it with ink.

ERRIDGE - GUILTY . Aged 24.

OAKLEY - GUILTY . Aged 33.

Transported for Seven Years .

 

745.   RICHARD GOODALL was indicted for stealing, on the 7th of March , 1 brass gudgeon cap, value 40s. , the goods of   William Stratton .

  GEORGE ELLIS . I am a Thames Police constable. On the 7th of March I met the prisoner at Limehouse, near the Regent's-basin, about a mile from the prosecutor's - he was carrying a basket; I asked what he had got in it - he said he was going to market; I found in it this brass cap, weighing 23lbs. - I asked where he brought it from; he said from Hope-lane, Limehouse, and it was his own.

  WILLIAM STRATTON . I am an engineer . This is my cap, and was taken from my back yard; it is worth about 5l. to me - the prisoner has worked for me: I once had occasion to give him a caution.

Cross-examined by MR. CHURCHILL. Q. What is the worth in the market? A. It is worth 1s. 4d. per lb. as old brass; the prisoner had been in my service for some months: here is no mark on this cap, but I have the model from which it was cast; other persons never cast from the same model.

GUILTY . Aged 25.

Transported for Seven Years .

 

746.   ELIZA GREEN was indicted for stealing, on the 5th of April , 1 watch. value 3l.; 1 chain, value 1s.; 2 seals, value 6d., and 1 key, value 1s., the goods of   William Dirkes , from his person .

  WILLIAM DIRKES . I am in the Blues, and belong to the band. On the 5th of April, about ten minutes before ten o'clock at night, I met the prisoner near Sloane-street; she asked me about a cousin of hers in the regiment, and came with me close to the  barracks at Knightsbridge : she asked me different questions, and took my watch out of my coat - I do not know how she did it. but I am sure it was safe five minutes before, as I had looked at it; it was hanging to this ribbon, which she cut - I missed my watch as soon as she left the place; she walked first, and when I followed her she ran; I followed her into a house near the barracks; she shut the door, and I knocked at it - the watch was found afterwards in a little saucepan near the street door, with some coals over it - I had not given her any money, nor taken any liberty with her, nor she with me - I told the watchman I had been robbed, and she was taken.

  THOMAS ROBERTS . I am a constable. I was applied to at twelve o'clock last Sunday evening by the witness, who said he had been robbed; I went with him to a house in Exeter-buildings - he pointed to a door, and said he had followed the female there, and she shut the door in his face - I knocked a long time before I could gain admission; I heard a great whispering in the house- I called a watchman, and told him to fetch a crow-bar; they then called to know who was there; I said I was an officer, and a soldier had been robbed of his watch - the door was then opened; I went up stairs, and found the prisoner on the bed in her clothes; she pretended to be very much intoxicated, and very heavy to sleep: I said a young man had been robbed of his watch; she then jumped up perfectly sober, and said if that were the case she would go to the watch-house; I searched the house, and found this watch in a saucepan behind the door, covered with coals.(Property produced and sworn to.)

Prisoner's Defence. I met him about half-past eight o'clock in the evening; he had a comrade with him, and a young woman asked his comrade to give her something to drink; we went into three public-houses, and had some gin; the young man then went into the barracks, and the young woman and myself staid with the prosecutor: he wished to go home with me: I said he had better go to the barracks, but he followed us - I was intoxicated, and asked the young woman to see me up to bed, and what passed afterwards I cannot tell.

COURT to   WILLIAM DIRKES . Q. Did you have any gin together? - A. A young man with me had a glass of gin with the women; only one glass, and then we came out directly.

GUILTY . Aged 24.

Transported for Life .

 

Fifth Middlesex Jury - Before Mr. Sergeant Arabin.

747.   JAMES POUNCEBY was indicted for embezzlement .

MR. PAYNE conducted the prosecution.

  RICHARD FORSTER . I live in  Rathbone-place , and am in partnership with Mr.   George Bowney : we are colour manufacturer s; the prisoner had been in our service about two years, and left us about the 23d of February last; he had been with us about three years previous to that, with an interval of only a few weeks; he was engaged in looking up orders, and attending to customers who came into the shop - he has travelled for us occasionally; it is part of his duty to sell goods in the shop, and take money.

  ROBERT NEWTON . I am a decorative painter - I live in Great Tichfield-street. I went to Rowney and Forster's, on the 17th of February; I purchased some articles of the prisoner, which came to 10s. 3d;. I paid for them, and took them away; he gave me this small memorandum, which I saw him write; it was in the middle of the afternoon, but I cannot say what time.

Cross-examined by MR. PHILLIPS. Q. Were there any other young men in the shop? - A. I did not see any - I was not acquainted with him before; I was not long in the shop; there is no date to this bill of parcel; I know it was the 17th of February; I took particular notice of the day - Mr. Rowney passed through the shop at the time: I have no doubt the prisoner is the person.

  RICHARD FORSTER re-examined. Q. Do you remember the 17th of February? - A. Yes, perfectly well. I was not at home when Mr. Newton came; I looked at the till about half-past two or three o'clock that day; I found some money in it; the till-book and the contents of the till agreed; I looked again in three-quarters of an hour or an hour, and found the money precisely as before, or within sixpeace, and still agreeing with the book: this paper is the prisoner's writing; the till-book is here, and it was his duty to enter in that till-book all he received: here is no amount of 10s. 3d. that day - the entries in the prisoner's hand-writing that day are only two - "Colour 1s., and L. B. d., which means London Board, 7d."

Cross-examined. Q. Is it usual for your shopmen to give a memorandum of this kind when no receipt is required? - A. If it is asked for. We have twelve men in our employ, but only two men regularly attend in the shop; Mr. Rowney and myself attend when we are

there; there was only a young man of the name of Phipps and the prisoner that attended in the shop at that time; the others do not know the prices of the articles; Mrs. Rowney balances the till, because I do not reside on the premises, and Mr. Rowney was at that time on a journey: letters, lamp oil, and a variety of other things are paid for out of the till; they should be put down in the book, and frequently they are. Mrs. Rowney balances the till every day when she is there in almost every instance; she has omitted it; the money is taken out of the till every Monday morning, and those little things are deducted. If there is no mistake; expenses may be paid out of the till without being put down - money has occasionally been borrowed from the till for the house, and a memorandum was then put into the till; such a thing as an omission may have been made - it has occurred that there has been more money in the till than was entered in the till-book; we sometimes take money in the shop, and do not put it down; I cannot account for more money being in the till than was put down, except from the confusion attending the establishment.

COURT. Q. How did you pay the prisoner? A. We paid him 100l. a-year, quarterly - the till is balanced every morning, ninety-nine times out of a hundred; it was his duty to put down the money he took - we are not in a very large way of business.

MRS. ROWNEY. It is my habit to compare the contents of the till with the till-book every morning - I did so on the morning after the 17th of February; I found it correct - if there had been 10s. 3d. more in the till than in the book I should have found it out, most assuredly.

Cross-examined. Q. Do you do that every morning regularly? A. when I am in town; I never omit it except I am ill - Mr. Forster then does it; it has happened that there has been more money in the till than appeared in the book - perhaps once a month; I will swear it has not happened once a week - I do not think it has; money may have been taken for letters and other things, and not be entered in the book - it has not been customary to take money for household expences out of the till; it may have been done without my knowledge.

MR. PAYNE. Q. Are there any expences entered that day? A. Yes; it is the prisoner's duty to put all the money be received into the till.

  JAMES FIELD . I was porter to the prosecutor at the time the prisoner lived there - he was in the habit of giving me goods to take out; he sent me on the 18th of February to Mr. Egles, in Newman-street - I delivered the goods, and received 14s. 6d., which I delivered to the prisoner; I cannot say what it was for - the parcel I carried was about the size of a portfolio.

Cross-examined. Q. Did you give a receipt? A. Yes; the prisoner gave me the receipt - this is the receipt and bill of parcel; I particularly remember the day - I took nothing home for the use of the shop that day, I am quite sure; I was sometimes in the habit of fetching oil for the shop, but that was in the morning, before I went to the City - I never had, or scarcely ever had, to lay out money; on that day I did not - when I have deposited my master's goods I have never paid for articles out of the money.

COURT. Q. When you have gone out and received money, have you spent any part of that money for the benefit of the shop? A. No - when I was ordered to bring things home they used to give me the money to bring them: I never paid for them out of that money.

MR. PAYNE. Q. Have you a distinct recollection of paying the 14s. 6d. to the prisoner? A. Yes; I have occasionally bought oil for the shop, and they have given me the money.

  RICHARD FORSTER re-examined. Q. On the 18th of February do you find any entries of folios in the prisoner's hand-writing? A. Yes, "folios 11s. 6d."

Cross-examined. Q. Is this the original book, or is there a waste-book? A. There is no waste-book previous to this, in which we enter money taken at the counter; if the porter goes out with goods, and returns with money, it is entered in this book, and very frequently no memorandum is taken of it - there is no book in which this entry ought to appear before it appears here; as the goods were sent out they ought to have been entered on a memorandum paper - the paper ought to lay on the counter; those entries on the 18th of February are some of them my writing, some the prisoners, and some another young man's, and the entries on the 17th are in three different hands - as this was a ready money transaction there is no other book in which it should be entered; we have a waste-book in which we enter things we do not expect to be paid for - the waste-book is not here.

COURT. Q. When there is credit given. you enter it in the waste-book? A. Yes, but it does not contain an account of all the sums received or credited, only credit accounts; except a party pays money, whom we do not expect to pay it, then it is entered in the waste-book.

The prisoner put in a written Defence, stating that the deficiency must have arisen by his having omitted to enter cash for articles paid for on the house account.

NOT GUILTY .

 

748.   JAMES POUNCEBY was again indicted for a like offence .

  RICHARD FORSTER . I am in partnership with   Mr . Rowney ; the prisoner was in our employ. I was in the shop on the 9th of February, when some lithographic books were purchased by a lady: when she was gone I asked him if she had bought many books - they were to be sent home, but I did not hear distinctly where they were to be sent to; the prisoner said, "They have taken one of Harley's, and one of Diton's," or some such answer, but I could not tell to what amount - I cannot swear positively to what he said; I cannot speak positively as to when the porter was sent with the things - here is the till-book, and here is the entry in the prisoner's hand-writing, "Litho. books, 7s. 6d.;" and I hold a note in my hand in his hand-writing for those very books for 9s. 6d.; this entry was made that evening.

MR. PAYNE. Q. Have you any means of knowing whether that entry applies to the books the lady had? A. There is no other entry of lithographic books that day; on the 11th of February there is 1s. entered to Miss Bacon, and there is no entry of colours by the prisoner on that day, nor any other entry with Miss Bacon's name; here is an entry of 3s. 6d. on the 12th of February, but no name - I know this alludes to Mrs. Wallduck, because I was in the shop at the time; she bought the

colours, and I looked into the book to see what the prisoner put down, and it was 3s. 6d. - here is an entry of 1s., but I am not certain whether that was after she had paid or not; the money paid for oil, letters, shavings, &c. has been put down in the book.

Cross-examined by MR. PHILLIPS. Q. Is Miss Wynne here? A. No, not to my knowledge; at the expiration of a few years I should have quitted the partnership - I am not aware that the prisoner was likely to become a partner; we highly respected him, and he was likely to get a considerable advance of salary.

  JAMES FIELD . I remember taking a parcel of lithographic books to Miss Wynne. Chapel-place, Oxford-street, on the 9th of February - I took this bill of parcel with me, and received the 9s. 6d. mentioned on it; I paid it to the prisoner - it was the last parcel I took out that day.

  LOUISA BACON . On the 11th of February I went to the prosecutor's shop for two cakes of colour, which came to 4s.; I paid 4s. for them to the prisoner, and 1s. which I had left unpaid on a former occasion.

  MARIA WALLDUCK . I went to the prosecutors' shop on the 12th of February, between two and three o'clock; I purchased colours to the amount of 5s. 6d. - I gave a sovereign to the prisoner, who gave me change, taking the 5s. 6d.

Cross-examined. Q. There was, I believe, a customer waiting to be served? A. I did not see any one; the prisoner went to the till, took out the change, put in the sovereign I gave him, and shut it up.

MRS. ROWNEY. On the mornings after these days. I examined the contents of the till, and found the entries and the money corresponded together.

Prisoner's Defence. I have done every thing I could for them, and added the stationery business to theirs.

NOT GUILTY .

 

749.   JOHN DAY was indicted for stealing, on the 26th of February , I sack, value 1s., and I bushel of oats and split beans, mixed, value 3s. , the goods of   William Vorley , his master.

  WILLIAM VORLEY . I am a salesman at Smithfield, and live at Islington; I have some premises at  Clerkenwell . On the morning of the 26th of February I went to my stable, and saw the prisoner, who was my servant , with this bushel of oats and split beans mixed on his back; I said, "What are you doing there?" he seemed confused, and did not know exactly what to say, and threw down the sack behind the door; I asked him what he had got there - he said nothing particular, or something he did not wish me to see - some old clothes, or something of that; I made him bring the sack out, and found this corn in it - he used to drive my horses.

Cross-examined by MR. PHILLIPS. Q. He said they were some old clothes, or something of that sort? A. I understood him old clothes - I had been at a dance, and was returning home; I was not at all fresh - I believe the prisoner has eight children; he has borne a good character in my service - he appeared as a witness for me a Session or two ago, but he could not identify a horsecloth, which I indicted my ostler for stealing; he was in my service, but he did not know the cloth - I did not stop 8s. out of his wages on that occasion, to my knowledge; I believe I stopped 8s., and gave him the rest, because I considered he was in my service, and it was my time - he said I had no right to stop it.

COURT. Q. You stopped 8s., but that had nothing to do with the oats? A. No - he usually comes to work about half-past five o'clock; it is my own private mews, but the stables are let to different persons.

  JAMES THOMPSON . I am a watchman. I was going by the stable at past one o'clock; I found the stable open- I went to call the man up, but could not find him: I went back again, and found him there - I said, Where have you been?" he said, "I have had a drop of beer;" at half-past five o'clock I heard the prosecutor call Watch! I went and took charge of the prisoner.

  JOHN DANIEL . I am in the prosecutor's service. I was called up; the watchman and the prisoner were in the stable; I went to bed again - when I went at six o'clock the prisoner was in custody; there was another sack, which had been emptied into the beast-layer.

Cross-examined. Q. Had not the prisoner the key of the stable? A. Yes, the night before, to get the corn for the horses.

GUILTY. Aged 45.

Recommended to Mercy by the Jury . - Confined 6 Months .

 

OLD COURT.

SECOND DAY. FRIDAY, APRIL 20.

Second Middlesex Jury - Before Mr. Baron Garrow.

750.   WILLIAM POWELL was indicted for feloniously breaking and entering the dwelling-house of   John Blake , on the 27th of March , at Fulham, and stealing therein 30 lbs. of bacon, value 40s., his property .

MR. PHILLIPS conducted the prosecution.

  JOHN BLAKE . I am a market-gardener , and live at  Stock-green, Hammersmith, in the parish of Fulham . On Saturday morning, the 28th of March left my house about half-past four o'clock; I fastened the door out of which I came myself, and went to market - I returned about eleven in the morning, and in consequence of information, I went for a search-warrant to the Magistrate, who lives near me, and then went to the prisoner's house; the constable searched his house in my presence - I found part of a side of bacon in the closet; he was in the house, and was taken in charge; I knew the bacon to be mine by a mark on it; we took the prisoner away, then returned to his house, and found a dark-lantern, matches, tinder, part of a file and flint, and a crowbar; I saw the constable apply the crow-bar to the marks on my door, and it corresponded - I found three marks on my door where the crow-bar had forced it open, and apparently they were made by that crow-bar; the prisoner's son had been in my employ nine days previous; the prisoner was not in the habit of coming there; (looking at the bacon) this is my bacon I am quite certain, it was home made - I had prepared it myself - there was a crack in the flitch, and the ribs are broken instead of being sawed; it hung up in the kitchen the night before.

  ELIZABETH PICTON . I am servant to Mr. Blake. I went to bed about ten o'clock on the night of the robbery, and got up about half-past five - I found the street door standing open, and the bolt and staple laid on the floor;

I had seen the bacon hanging up in the kitchen when I went to bed, and at five o'clock in the morning it was gone-when master came home I informed him.

  JOSEPH PALMER . I am a constable. On the 28th of March I went to the prisoner's house with a search-warrant, and found him there; I knew him before, and knew it was his house; he was just finishing dinner, and had dined off part of a flitch of bacon; I showed him the warrant - he directly requested his wife and me to go up stairs and search the house; he said, "Pull the beds all to pieces, and do whatever you like;" I said, "We had better search the lower part of the house first;" I opened a cupboard door, and found this bacon in a sack; Blake immediately identified it, and I took the prisoner into custody; I returned afterwards to the house, made further search, and found a crow-bar - I found this lantern in a very obscure place in the house; I found in the prisoner's pockets some tinder, a flint, steel, two pieces of matches, and a knife; I afterwards took the crow-bar to the prosecutor's house, and compared it with the marks outside the door - there were three or four marks, and the instrument fitted them; the bolts had been forced off the door.

Prisoner. This chisel is what I do my work with, and what I do jobs with.

  THOMAS WEAVING . I was on the road near the prosecutor's house on Saturday morning, the 27th of March, and saw the prisoner with a box and wheelbarrow with a sack in it, he was going in a direction to the prosecutor's house; I was at a distance form him, and could not tell whether the sack was full or empty.

  BENJAMIN GREEN . I know the prosecutor's house. On Saturday morning, the 28th of March, I was a goodish bit from the house, about ten minutes or a quarter before six o'clock, and saw the prisoner coming from the house towards his own, with a wheelbarrow, and something tied up in a sack - the sack appeared bulky.

Prisoner's Defence. I was going to my employ at Acton, and as I crossed the cross-road to Acton, I saw a sack laying down in a bye lane between a dunghill and a ditch - I went to it and found the bacon in the sack; I looked round, but could see nobody - Immediately took my barrow, put the sack into it, wheeled it home, and put it into the cupboard; the constable came - I said if that was his they were welcome to it; I left my house at half-past five o'clock in the morning; the tools are mine - I am a bricklayer; I have been a watchman some years ago, and that lantern my father-in-law gave me; the matches a young man brought to me at the cage to light my pipe with; I have had the chisel twenty years: I believe I have a witness who brought the tinder and steel to me: there has been a little revenge between the constable and me about a cart and horse; he said if he could catch me he would serve me out for it.

Three witnesses gave the prisoner a good character.

GUILTY - DEATH . Aged 40.

 

Before Lord Chief Justice Tenterden.

751.   JOHN BUTLER was indicted for the wilful murder of   Henry Neale .

  CHARLES KING . I keep the White Hart public-house, Duke-street, Grosvenor-square. The deceased,   Henry Neale , lived about half a mile from my house; he lived in  Castle-street, Regent-street , at the time of his decease- he had before lived in Duke-street; my house is on the north side of Grosvenor-square - he was at my house on Tuesday night, the 25th of March; he came about ten o'clock - he was in the habit of frequenting the house- he had three glasses of rum and water; after drinking that he went to sleep - when he first came in he appeared to be fatigued from walking; before he fell asleep he conversed with the persons in the room as another man would - there is no club called the True Britons, nor any club at all meet at my house; my company generally leave about half-past eleven or twelve o'clock - the deceased left that night about twelve; the waiter and I awoke him; he appeared stupified from drink more than any thing - he had only paid for part of his liquor when he fell asleep, and after he awoke he appeared perfectly sensible; he pulled out a purse, and there was no money in it - he gave half a crown into my hand to pay what he owed; he appeared to know what he was about - there was nothing in the purse when he produced it, and then he produced half a crown, with some other silver, he had to pay 1s. 2d. for the last two glasses and a segar which he had smoked - he put the purse into my hand, that I might take the money out; I put it back into his pocket for him, because I did not think him quite capable of doing it himself - he took the money out of his pocket after he had paid the reckoning; I had given him 4d. in change, and he gave the waiter some half-pence - he took his money out a second time to do that; he had a snuffbox and a pocket-handkerchief, which he took out of his pocket - I put them back, he did not seem capable of doing it; he did it in a very fumbling way - he left my house about twelve o'clock, within ten minutes either way; I did not look at the clock at the moment - I went to the door with him, and saw him cross the street as I stood at my door; my house is at the corner of Oxford-street, in Duke-street; I saw him cross Duke-street, and afterwards cross Oxford-street, and on getting on the pavement he fell down; a soldier passing by helped him up- he appeared a stranger passing; his foot slipped off the curb, or else tripped against something - he did not fall violently at all; I saw the soldier pick him up - they stood looking apparently for a few seconds, and then the soldier took his arm, and they walked on along the north side of Oxford-street, towards the deceased's house; the soldier was coming in an opposite direction when he met him - I should not know him again; I saw that he belonged to the Grenadier Guards - he had his Grenadier cap and jacket on; I staid at the door some minutes, and saw them go about two hundred yards, and then went in; I should know the clothes Mr. Neale had on if I saw them - (looking at them). I know this coat. stock, and handkerchief: I believe them to be the same - this is the handkerchief I put into his pocket.

Cross-examined by MR. CLARKSON. Q. Had the deceased any thing to eat in your house? A. No - he had no toasted cheese; in my judgment, when he left my house he knew what he was about.

  ANN NORRIS . I am servant to Mr. Neale - he travelled for a house in the City; he kept no shop. On Tuesday morning he went out, after breakfast, and came home to dinner; he went out again, returned to tea, and after tea

went out again, at nine o'clock - he did not appear to me to be fatigued; he came home at night about half-past twelve o'clock, accompanied by the prisoner; he then appeared very much intoxicated - they both came into the house, and each of them sat down in a chair; Mr. Neale then desired to have the key of the wine cellar - I went to fetch it from his sister-in-law, who was gone to bed; she did not give it to me; I went and told him she would not let me have it - he desired me to go again and fetch it; I went and brought it down into the parlour - I then found the wine-cellar had been broken open, and a bottle of wine decantered - it had been done in my absence, for the empty bottle was there; I went down to get some wine-glasses, but before I returned, Mr. Neale had taken down an ornamental goblet, and filled it with wine; he drank some of it, and then offered it to the prisoner, who I believe drank some, but I am not quite sure - I went down stairs, and brought up some cold mutton for the prisoner; nobody had told me to do so, but he told me he had brought Mr. Neale home three or four miles from town, and if he had not picked him up and brought him home, he would have been dead, and he afterwards told me he had brought him from Hammersmith - that was when he was sitting down, almost as soon as he came into the house, and as such, I went of my own accord, and brought him some cold mutton, but he said he had no appetite, he could not eat, but he thought he could eat a little if he had a little vinegar; I went down brought him some up, and he ate a little - I went down, and fetched up Miss   Jane Neale , Mr. Neale's cousin; as the soldier entered the house, he said master had desired him to stay in the house all night, and have part of his bed, and he also said so when he sat down in the chair - he did not mention Mr. Neale's name, but called him by the name of Dennis; he said Dennis had told him he was to stay all night, and have part of his bed, but after Miss Neale said "Mr. Neale, shall I light you to bed?" he then called him Mr. Neale(there is the name of Dr. Dennis on the street door); he did not seem exactly willing to go to bed - he had drank nothing more in my presence; he rather shook his head, and did not seem to wish to go to bed, but the prisoner replied, "Yes, and I am to have part of his bed;" the prisoner wished me to drink some wine - my master seemed sensible enough not to allow it; I objected to take it - the prisoner wished me to take it very much, and master shook his head, as much as to say he would not allow it; the prisoner and my master each drank some - I did not observe how much master drank; after this Miss Neale took down the supper things, and when she returned I and she tried to get Mr. Neale up to bed; we lifted him from his chair, and attempted to lead him across the room - the prisoner asked Miss Neale if she would allow him to assist her, and he took hold of master's arm; he was not capable of assisting him up stairs, but both of them fell down in the parlour - he was not able to go across the room; Mr Neale did not get up again; the prisoner got up, and sat in a chair on one side of the room; I did not hear Mr. Neale speak after the fall.

Q. Did you see him, by any motion of his head, or in any manner showing that he understood what was going on, or what was being said, after that? A. No, my Lord, I did not; I told Miss Neale I thought it impossible for us to get him up stairs, and it was of no use trying - I thought it better to bring down some bed clothes; she immediately went up stairs and brought down two pillows - one pillow was placed under Mr. Neale's head, by me and Miss Neale.

Q. Did he manifest by any signs, that he understood what was doing? A. No; he seemed inclined to sleep -Miss Neale put the other pillow on the side table in the parlour, for the prisoner; I then told the prisoner - he saw it was impossible for master to be got up stairs, and asked if he would be satisfied by sleeping in the parlour; he made no reply, but afterwards said he could not think of leaving Mr. Neale, he must stay with him all night, and Mr. Neale must write a note to his master in the morning, to account for his absence - he did not make use of any name then; he said, "Your master must write a letter to my master;" I then went up stairs, and fetched down two blankets, a counterpane, and a sheet; I removed the pillow off the table, put it on the ground and doubled one blanket for the prisoner to lie upon; I laid the rest of the clothes for the prisoner to cover himself; the prisoner appeared at that time to be in liquor - he appeared quite sober when he first came to the house; I insisted on the prisoner lying down before I left the room - he laid down, but said he must undress himself and take off his stockings, for he had got a very bad heel - I left the room, and as I was going out of the room he asked me "At what hour;" I thought he meant what time I should get up, and I said I would come up about seven o'clock in the morning, or a little later; he thanked me, and wished me a good night - it was then between two and three o'clock; I had a clock down in the kitchen - I went into the kitchen, and remained there all night; I continued awake till about half-past five, and then laid down - the kitchen is directly under the parlour, where I had left them; before I laid down I heard a noise like the sound of footsteps, or a person raising himself; I thought it was the prisoner turning himself; Miss Neale staid with me in the kitchen all night, and another servant, who had not been up stairs at all; that servant usually slept there - she is the family servant: there was no man in the house except Dr. Dennis, the lodger. I awoke a little before seven o'clock, and went up stairs: I observed the street door was unbarred, before I went into the parlour - I am sure it was barred the over-night; it was not open: the parlour door was standing open - I had left it shut; I went in - the prisoner was gone and master was lying in the middle of the parlour, not in the place where I had left him; he had one blanket and one counterpane over him; part of his face was covered, and he was quite dead - I did not feel his body to see whether it was cold; I put my hand outside the clothes, to feel if he had any breath, but I could not - the pillow under his head was not the one I had placed there, but the one I had given the prisoner; I observed the other pillow where I had placed it myself - it was rather pushed on the side; there appeared a stain of snuff on it from a former night;(he used to take snuff) and likewise there was the stain of some liquor having run out of his mouth; his body had been moved about a yard and a half from the place I had left it - his head was under a small sideboard; I removed the clothes a little off his face, looked at him, and noticed that his nose was bent a little on one side - his lips were

very black, and his face very much disfigured; I at first hardly knew whether it was him - there were black marks about his face, like wounds, but it seemed as if the blood was discoloured within; his face appeared to have been convulsed - his coat, waistcoat, and stock were gone; they had been taken off, and I found that his hat was gone- I did not observe any thing else; I gave an alarm; Miss Neale would not come up - she was too frightened; my fellow servant came up and opened the shutters; I had no candle - there is a work room behind the parlour, which shows a light; I could see all over the parlour - it had a very large sky-light, which lights through the parlour; my fellow servant went up stairs, and called Miss Scarborough, Mrs. Neale's sister; she did not come down before the body was moved, but Dr. Dennis did, and saw it in the state in which it was found; I went into the kitchen, and did not observe whether Miss Scarborough came down. (Looking at the coat, waistcoat, and other articles) these are what master had on when I left him; the gloves I know - I saw them on the morning he went out.

Cross-examined by MR. CLARKSON. Q. Did your master dine at home that day? A. Yes, and had mutton for dinner; he had no toasted cheese - he took no cheese that day; I am quite certain the wine was port; when the prisoner said he was to stay all night, master seemed to understand what he said, and seemed agreeable to it; I had never seen them together before - I thought the soldier seemed to know Mr. Neale very well.

COURT. Q. Why, he called him by a wrong name? A. Yes, but I did not notice that at first.

MR. CLARKSON. Q. He offered his assistance to get Mr. Neale to bed? A. Yes; I cannot say what quantity of wine had been drank; when it was proposed to get Mr. Neale to bed, the prisoner said Yes; and on his attempting to assist, they both fell - they appeared unable to stand from intoxication; when I heard the noise, I thought my master was too much intoxicated to rise, and that it might be the prisoner rising or turning himself; when I went into the room in the morning, the door of the wine-closet was open, and a chair, which Miss Neale had placed against it, moved, and a quantity of arrow-root spilled on the carpet; when I came down from fetching the key, I do not think there was any wine upon the table, except what was decantered - there were four bottles of port wine in the cupboard; I heard the noise between three and four o'clock; I do not know that Mr. Neale was in the habit of snoring, but the other servant heard a snoring, and Miss Neale said he was in the habit of snoring.

COURT. Q. There were four bottles of wine in the cupboard overnight? A. Yes; there was none in the morning - two had been decantered, and two bottles were gone quite away.

  JANE NEALE . I am the deceased's cousin. I saw him and the prisoner soon after they came in; my cousin appeared to be quite intoxicated - the cupboard had been broken open then, and wine decantered; the cold meat had been taken up before I saw them - the prisoner appeared quite sober; I asked my cousin if I should light him to bed; the prisoner asked me to drink some wine -I refused twice; my cousin said, "Yes, Jane, drink;" those were his words - I drank part of a glass of wine, and gave the remainder to Ann, the servant; it was the first time I went into the parlour; when I asked my cousin if I should light him to bed, he made no answer, but shook his head; the prisoner replied, "Yes, I must take part of your bed;" I asked my cousin where he had been to; he replied, "I have been to see my Old True Britons;" I had never heard him speak of any thing of that kind before - the prisoner called my cousin Dr. Dennis; I asked him where he met with Mr. Neale: he said he picked him up at Hammersmith, and he would have been dead if he had not met with him; he said Dr. Dennis knew his master perfectly well; that his master was a doctor in the army.

Q. Did it appear to you, from the manner the prisoner spoke to your master, and of him, that he supposed him to be Dr. Dennis? A. Yes, my Lord; and he said he must stay all night, and Mr. Neale must write a note for him in the morning - he had then heard me call my cousin Mr. Neale; I left the room, came in again, and proposed that my cousin should go to bed - Mr. Neale sat in his chair, rather shaking himself about; I tried to place him right in the chair, and the prisoner said, "Come, Dennis;" he appeared rather tipsy, and being sleepy, he could scarcely sit in the chair - I placed him right in his chair, and then the prisoner said, "Come, Dennis, this is quite perplexing:" he spoke very spitefully indeed, and the servant endeavoured to lift him from the chair, to take him to bed - we lifted him off his chair very easily indeed; he could walk across the room with assistance, I should think: when I had lifted him from the chair, the prisoner asked me to allow him to take Mr. Neale's arm - he did so, and they both fell on the floor together; the prisoner at that time appeared to become intoxicated - my cousin was not raised from the ground; he fell with his head partly under the sideboard - I never heard him utter a word after they fell, nor saw him make any sign; I went up stairs, brought down two pillows, and laid one under Mr. Neale's head, the other I put on the table for the prisoner to lay his head on; before I left the room, I put the decanter, which was about half full of wine, into the closet, closed the door, and put a chair against it - I do not know whether one or two bottles had been decantered then; in the morning the decanter was found empty - these clothes are what my cousin wore that night; here is a memorandum-book, which I believe belonged to him, but I cannot swear to it - I cannot swear to his hand-writing.

Cross-examined. Q. When you first saw them you thought the prisoner quite sober? A. Yes; he got intoxicated afterwards - my cousin fell under the sideboard, and was close to the cupboard; it is only a slab where we put bonnets; his head did not touch any thing - he fell rather on his side; there was nothing to impede his fall - they both fell together, unable to assist each other; I did not examine his features after he fell.

  GEORGE WOOD . I belong to the Mary-le-bone watch. I heard of Mr. Neale's death on Wednesday night; that morning, about half-past twelve o'clock, I had seen a soldier and another person coming along Oxford-street; the prisoner was the soldier: they were coming from Mary-le-bone-lane way, eastward, between Mary-le-bone-lane and Vere-street; the person in company with the soldier was

very much in liquor: the prisoner, when he came up, asked me where he could get any thing to drink - I said he could get nothing, the houses were all shut up; he then said he wanted to get something to drink for his brother, for he had come all the way from Hammersmith with him, in that way: I said the person with him wanted nothing more to drink, and he had better go on with him, which he immediately did; they were between Duke-street and Castle-street, Regent-street.

DR.   CHARLES DENNIS . I lodged at Mr. Neale's house- I was called to see him on the Wednesday morning; I found him dead, lying on the floor, with a counterpane and blanket over him; I examined him as he lay there, and saw that he was a corpse, there was a good deal of distortion on his nose, and his counternance rather swollen: I requested the family to send for their own medical attendant, and went down to arrange for removing my family from the house; his body was perfectly cold - he might probably have been dead two or three hours or longer - this was about twenty minutes past seven o'clock; he might have been dead five hours; his left nostril was much flattened on one side, and the point of the nose considerably compressed.

Q. Would not pressing on the point of the nose, tend to throw the nostrils outward? A. The right nostril was considerably dilated: I made a more perfect examination an hour and a half, or an hour after; Mr. Kirton, the apothecary was present - there was a pillow lying by his side, snuff on the pillow, and a small quantity of liquor, as the other witness has stated; the body was dissected on the following morning, by Mr. Brooks, in the presence of myself and Mr. Kirton; the head was first dissected - there was no appearance of external violence, except on the nose; between the coverings of the brain there was a little secretion, coagulated, and in the brain were two small tumors; they appeared to have been some time forming, probably not sufficient to cause immediate death, but probably, by extraordinary excitement, they might have produced pressure on the brain, which would cause apoplexy; there was no further disease in the brain, except that the vessels were very full of blood, which they generally are in a state of apoplexy, but that does not always follow - they are more full than usual in apoplexy; the lungs were very much congested with blood: the right side of the heart, and its vessels, were very full of dark blood, particularly on the right side, and in a perfectly liquid state - this was at least twenty-four hours after death; we opened the abdomen, and examined the stomach, the lower part of which appeared to be a little inflamed, but not sufficient to cause death, I should think.

Q. Upon your whole view of the body, what, in your opinion, was the cause of his death? - A. From the external appearance of the nose I should consider that violence had been used; from the appearance of the brain I should give with great diffidence my opinion as to its being caused by violence or apoplexy; looking at that alone, I could not come to the belief that he had positively died by violence.

Q. But taking the whole together, external and internal appearances, what in your opinion was the cause of death? - A. The pressure on the external part - suffocation. It is from those external appearances chiefly that I form my opinion; by external pressure on the nose and mouth I conceive, not on any other part of the head.

Q. You have said the blood about the heart appeared in a fluid state? - A. Yes, the blood generally was so. In cases of natural death some of it would be a little coagulated generally; but there are instances to the contrary, even in cases of natural death from disease: my own experience does not enable me to decide whether, in a case of death by violence or suffocation, the blood is generally fluid. I never opened a person who had been hung, but in violent and sudden deaths it is generally found in a fluid state. I speak from having read books of science; my experience does not enable me to decide.

Cross-examined. Q. Have you had considerable experience in medical practice? - A. I have been in the profession sixteen or seventeen years; the blood of a person dying suddenly, whether from violence or otherwise, would he expected to be found in a fluid state even at that distance of time; persons dying from apoplexy are not generally cut off so suddenly; there is probably a few hours interval - my experience does not enable me to speak of persons dying immediately; death from apoplexy would follow in an hour or two, and I should not be surprised to find the blood in a fluid state - from the external appearances, and the internal examination, my belief is that violence had been used; I cannot say that death ensued in consequence of it; the violence to which I allude is suffocation, but I speak with great diffidence, taking the whole together: from the inspection of the brain alone I should probably have concluded there was enough to produce death from immediate excitement, without violence: there was a very slight extravasation of blood on the face of the brain, which is a very powerful indicative of apoplexy - apoplexy may be caused by suffocation; the nose was distorted: I did not see any particular discoloration; the other nostril was considerably dilated - death could not certainly be produced by compression on one nostril while the other was pervious.

Q. You have spoken of the secretion of a coagulated lymph between the brain; was not that likely to be produced by the excitement of a considerable portion of drink? - A. Not immediately; I should think the secretion very different to the tumors; they might have been of long standing, but the secretion could not - tumors would certainly be likely to cause a pressure of the brain: finding the tumors there, I should consider the subject predisposed to apoplexy under any excitement - extravasated blood would produce the same effect; intoxication is very likely to be a fatal excitement to apoplexy; and a fall might produce fatal consequences when immediate assistance was not at hand - he had a double truss on.

Q. Was not that very likely to have increased the fatal consequences of a fall to such a subject, having tumors on the brain? - A. No, I think not; there was no undue pressure there: it did not strike me as at all likely - trusses are not made to act against nature, but to act against undue pressure. I cannot see that his being left on the floor in a state of intoxication had any thing to do with the consequences.

Q. Was there any other apparent violence on the person to justify the conclusion that death had been the consequence of it, but when added to the appearance of the brain? - A. Certainly not: I must unite the two together.

I should not think a fall, and his lying on the ground some hours, likely to produce apoplexy without the pressure of the nose.

COURT. Q. Assuming that he had fallen between two and three o'clock in the morning, and after that fall never spoke, nor indicated by sign or motion that he knew what was going on, a pillow having been put under his head, what should you conceive his state to be at that moment? - A. That would be the consequence of the fall - apoplexy had then began, very probably, produced by the fall, reckoning the state of excitement he was then under from drink: I mean to say, in that state of excitement apoplexy might have been produced, which would have ended in death by seven o'clock in the morning.

Q. Both nostrils must have been closed for death to have been caused by suffocation? - A. No; but it must have been rendered impervious by some means, but whether it had been so I cannot say; it might have been done so with a hand or pillow, or any thing, but in the state I saw it one nostril was pervious.

  JOSHUA BROOKS . I am a professor of anatomy. I have not at present an anatomical school: I have been much acquainted with the dissection of the human body. I first saw the body of the deceased on Thursday morning, about eleven o'clock, immediately before the dissection began, and thirty hours or more after death: I remarked a compression of the left nostril; the point of the nose was a little compressed, and a trifling degree of contusion about the middle of the nose; the lips were rather firmer than they are usually found - I noticed a double padded truss, worn for a double bernia; the pressure of that could not have been attended with any consequences whatever; when the head was opened, on detaching the scalp from the skull, a great quantity of blood issued; and after sawing through the skull, between the under surface and the dura mater, was a considerable effusion of blood; we then divided the dura mater, and there was a small quantity of coagulated lymph secreted on the surface on half of the brain: after a minute dissection of the interior of the brain, I turned my attention to the basis, and in two large cavities called ventricles, was a small quantity of transparent fluid in each of them; there was a tumor on each side, about the size of a small marble; on the posterior part of the basis of the brain a slight extravasation of blood - these were all the observations I made on the brain; on opening the chest. I found the lungs much conjested with blood, and about two ounces of fluid on each side of the thorax; I laid open the membrane which contains the heart, and in that was about an ounce and a half of fluid - I observed the heart to be in a very flaxed state: I laid open the right ventricle and the pulmonary artery, which issues from it, and found a considerable quantity of fluid blood in each, of a dark colour, more than I have usually found: I then opened the left ventricle, where there was also a quantity of fluid blood, but not so considerable; there was nothing important in the abdomen except a morbid degree of inflammation, which might arise from various causes.

Q. Considering the state of the body, both external and internal, to what do you attribute the death, taking the whole together? - A. If his death was not from suffocation, it must have been from apoplexy; there is no positive certainty with regard to the fluidity of the blood; no inference can be drawn from finding the blood in a fluid state: I say this as the result of several experiments; with individuals destroyed by lightning, drowning, or otherwise, the blood does not coagulate, and in natural death it does; but I believe it is not to be depended upon - it is fallacious. I am more inclined to think this death must have been produced by apoplexy.

Q. If in addition to the appearances, you should be informed that the deceased, being in a high state of intoxication, fell on the floor, and after the fall, never uttered a word, or made a sign or motion by which he appeared aware of what was passing, though a pillow was put under his head, would that strengthen your opinion? - A. No doubt it would; but these symptoms are all trifling and uncertain.

NOT GUILTY , (see Third Day.)

 

Before Mr. Baron Garrow.

731.   ESTHER HIBNER ,   ESTHER HIBNER , Jun. and   ANN ROBINSON , were indicted for the wilful murder of   Frances Colpit .

Messrs. ALLEY and BOLLAND conducted the prosecution.

  JEREMIAH SMITH . I am master of St. Martin's workhouse;   Frances Colpit was a child in our workhouse - I know the prisoner   Esther Hibner , Sen.; Colpit was placed with her on liking on the 7th of April, 1828, and on the 2d of April another child was put out from our parish - Colpit was in perfect health; when she went to the prisoner her health was very good - she was afterwards bound to the prisoner.

Cross-examined by MR. BARRY. Q. Was the child subject to a surgical examination to your knowledge before it went? A. No.

MR. BOLLAND. Q. How long had she been in your workhouse? A. About four months - she came from our nursery in the country; she had been under the care of the parish five or six years, and was always in perfect health.

The substance of this indenture was here read; by which Frances Colpit was articled as apprentice to Esther Hibner, Sen., of  Platt's-terrace , to learn the business of a tambour-worker , she engaging to provide her with board, lodging, and all other necessaries.

  JOSEPH FINCHAM . I live in Westmoreland-street. I saw all the parties execute this indenture - it is dated the 29th of April, 1828.

  FRANCES GIBBS . I am grandmother of Colpit. I saw her several times after she was apprenticed to the prisoner - the last time I saw her was on the 27th of September: I went again on the 30th of November - I did not see my grandchild; I was told Hibner's daughter was dead, and I could not see the child - I did not see either of the prisoners; I called again on the 3d of January, and saw Hibner, Jun. - I asked her to let me see my grandchild; she said it was Saturday night and it was not convenient, for the children were being washed - I went again on the 8th of February, saw the daughter, and asked to see my child; she said she had soiled her work and I could not see her - on account of the child being so fond of me, that was the only punishment she could have - I called again on the 9th of

February, and the daughter said she was gone to the Strand; I went again on Wednesday, the 11th of February, and saw my grand-daughter - the children brought her into the parlour, where Hibner and her daughter were; I said she looked in a deplorable starved state, and they said she had been ill; nothing further passed on that occasion, but in consequence of this I gave information to the gentlemen of the parish.

Cross-examined. Q. Do you know of this child being allowed to go to church on Sundays? A. She never went to church, for I asked her, and she said she had never been; I do not know of her being sent on errands or to the City - they told me that when the child came I should see her in a pretty deplorable state.

  JOHN BLACKMAN . I am a cabinet-maker, and live in Green-street, Leicester-square. In February last I was overseer of St. Martin's parish, in consequence of which I went to Platt-terrace to see the children the parish had apprenticed; my first visit was on the 12th of February; I did not see Colpit that day - I first saw the daughter, and asked her if I might see the children who had been bound from our parish, and without any hesitation she brought five of them; they went into the parlour with me - some of them appeared very ill, and emaciated extremely; I expressed a desire to both the mother and daughter to take them away - there was some objection on the part of both of them, and I said I would call the next day; I called the next day, the 13th, accompanied by Mr. Wright, a surgeon - when I got to the house I think the little girl name Harford opened the door; I saw both the Hibners, and requested to see the children. and went up into the room in which they were working; Mr. Wright, at my request, asked the children several questions, having first requested the prisoners to leave the room - several of the children appeared very ill indeed, and we both particularly requested the mother and daughter to allow us to take them away with us; they objected to it very much indeed, but one that was then ill they would have allowed us to have taken - she was not in the room but in the back parlour; they objected to our removing any of those who were brought into the room - Colpit was not brought into the room; in consequence of what one of the children said we went into the back parlour; Mrs. Hibner accompanied us there - we found Colpit lying on a mattress, without any proper covering; there was apparently a dirty shawl or part of a blanket over her - she had a night gown and cap on; she said nothing to my knowledge in Hibner's hearing - Mrs. Hibner told us she had been in the habit of wetting her bed very much indeed, and to convince us of the truth of her assertion she took the bed up, folding it up with the child in it, and showed us the stains which had come through being wetted; being annoyed at she manner in which the mattress was folded, I remarked that I thought she would hurt the child; of that she seemed to take very little notice whatever - we removed six of the children that day, but not at this time; we went afterwards and removed them - Colpit was among them: we took her to St. Pancras Infirmary, for Mr. Wright considered her in too dangerous a state to be removed further - she appeared very ill, particularly thin; she appeared merely skin and bone, her lips were contracted a great deal, the teeth much exposed, a redness about the eyes, on one eye I observed a cut, and I think there was a bruise on the forehead, to the best of my recollection.

Cross-examined. Q. Had you any duty at St. Martin's workhouse? A. Yes, I had general duty as an overseer - six children were apprenticed to Mrs. Hibner; I never saw them on Sundays at the workhouse - it is the duty of the master of the house to know who comes; I was admitted readily to the prisoner's house - they were willing at the second visit for us to take away the one who was ill; I did not accompany the person who fetched it away - I did not notice whether the child bad wetted the bed, or not, for my mind was in a state of agitation to get the mattress put down again, considering the child would be hurt; I could not tell whether it was a shawl or blanket on the bed - it was certainly not a whole blanket - it was a woollen covering.

MR. BOLLAND. Q. Do you recollect the state of the weather about that time? A. I think it was wet - it was cold.

  SUSAN WHITBY . I was apprenticed to the elder prisoner - I went to live with her in November twelve months. Colpit came to live there either last Easter or Whitsuntide, I cannot tell which - we had eight apprentices at that time; Colpit was taken away by the officers about ten weeks ago; she was called up to work between three and four o'clock, and continued to work till between ten and eleven at night, from Michaelmas till the time she went away - she used to have a slice of dry bread, and a cup of milk and water at breakfast time; she had nothing else in the course of the day, and no other meal till the next morning - she had her breakfast at half-past eight o'clock, and was allowed five minutes to eat it in.

Q. Did it ever happen that she had no breakfast? A. Yes, sometimes they used to say she had not earned her breakfast, and should not have it, and then they would give her potatoes at one o'clock; there were 9lbs. between us all when we had any, including the prisoners - there were twelve in all; when she had potatoes for dinner she had nothing else all day - we went to bed between ten and eleven o'clock; we slept on the floor up stairs, in the workroom - the mother and daughter had a bed, blanket, counterpane, and sheet; Colpit laid along with us, eight of us, apprentices - we laid together on the floor; we had one blanket under, and one over us, and our clothes on - Colpit's grandmother brought her a frock and petticoat, and she had a green baize of her own; she had no stockings - that was the only accommodation we had during the whole winter, from Michaelmas till we were taken away; but we did not lay so before Michaelmas - once a fortnight, on Sundays, we had meat, and on some Sundays we were down stairs in the kitchen locked in; on other Sundays, when we had meat, we were up stairs in the work-room - our mistress was at home during those Sundays; the shutters to the kitchen window were shut on the Sundays when we were down there, and the door locked; Colpit was never allowed to go out - she was in good health when she came to live with us, and continued so till the food was changed, and then she got ill; I first perceived her unwell about a week after the victuals had been taken off -

they made her keep to the frame after the victuals had been taken off.

Q. Was she ever found fault with for not doing her work? A. Yes, she used to be ill, which prevented her doing it - she was beat for not doing it; they all beat her in turns, and sometimes the forewoman beat her - I have seen them beat her; the other prisoner was the forewoman, her name is Robinson; they sometimes beat her with a rod, a cane, or a slipper - the daughter has taken her out of the frame, and knocked her on the floor, taken her up and knocked her down again; I never saw her punish her in any other way.

Q. Do you ever recollect seeing a pail of water in the place? A. Yes - it was brought into the back room to wash the stairs with, and the daughter took her up by the heels, and dipped her head in twice, and then Robinson said, "Take her up, dip her in again, and finish her;" that only happened once - she used to cry, and ask mistress for food. but she did not get it; mistress used to say it was no use for her to cry, for the more she cried the longer she should be without it - mistress kept a dog, and the food for it was brought from Gray's Inn-lane; the son had some pigs; the man who misled them used to have the wash from the tavern, and when that has been brought for the dog I have seen Colpit, Foster and Howse take and eat it- there used to be sometimes bits of fish and bits of mutton chops in it, and they used to take it out and eat it; they took Colpit and Proctor to Judd-street one day to a doctor - I never saw a doctor come to the house to them at all.

Q. How often were you washed or cleaned? A. We used to sluice our faces in the morning - our linen was changed sometimes once a fortnight or three weeks;   Mary Harford took in the milk that was used in the house - half a pint was all that was taken in in the morning; a halfpenny worth was taken out of it for their afternoon tea, and the rest was divided among us.

Cross-examined. Q. Where have you been since you left the prisoners' house? A. At Cripplegate; I have not talked this over much there - Mr. Metcalf, the churchwarden, asked me about it, and I spoke to the mistress of the school about it, but not to any body else; the mistress only asked how I laid, and what victuals I had - I did not tell her or the churchwarden the whole story; I told the rest at Hicks'-hall.

Q. Have you not stated a great many more things of consequence at Hicks'-hall, than you told the churchwarden? A. Not a great many more; I went to church once when I first went to the prisoners, and only once - when I first went there I went on a great many errands; I went to the City for cotton - none of the other girls went; sometimes the mistress went herself; we have not had tea since the victuals was taken off - I do not know what month that was in; we have never had tea since that.

Q. Have you not been treated with some kindness yourself by the daughter? A. When I first went there they said I should be forewoman over the girls; she did not buy fruit for me: I have had fruit given me by my friends, who have come to see us - nobody came to see me for six months, till a fortnight before I left, when my two sisters came; they are grown up: Colpit's grandmother came to see her - none of the others have got friends, except Howse, who has a sister; nobody has called for a long time, except Colpit's grand-mother, to my knowledge - three of the children have no friends at all; there were eight: four of them came a month after I got there.

Q. Had you the same number at the time you were moved, as before? A. No, one was dead; Harris has got a father and mother, and she went to her friends.

Q. Some of the little girls were dirty in their habits, were not they? A. Proctor used to wet her clothes, because they would only let her go down in the yard at meal hours.

Q. She could have avoided that, though not allowed to go down? A. Yes.

  MARY ANN HARFORD . I went to live at Hibner's about a year ago, to do tambour-work; there were eight girls in all when I first went, seven besides myself; we used to get up sometimes at three o'clock, and sometimes at four, in the morning, and worked sometimes till two o'clock in the night, and sometimes till twelve; if we had not done our work mistress used to keep us without victuals, and she used to give us a good flogging before we went to bed.

Q. Used she to let you go to bed after flogging you? A. Yes, sometimes she let us go to bed, and sometimes she kept us up all night - she did so for two nights running; we had breakfast sometimes - I do not know particularly at what time; it was a bit of dry bread, and sometimes a drop of milk and water: if we had not done breakfast in ten minutes she would say she would take it away; when we had no breakfast we sometimes had potatoes, and sometimes we had none at all: once we had nothing to eat all day, from the time we got up till we went to bed- when we had breakfast we had no potatoes given us: we sometimes had meat once a fortnight; this short food began about three weeks after we were bound; we had been on liking first, and were fed very well then; I remember Colpit coming - she was in very good health when she first came; she afterwards became sick and ill- that was about five weeks after she first came; she complained of a pain in her side, and sometimes of the head-ache; she used to tell the prisoners so, and Mrs. Hibner used to say, "Never mind, you must do your work" - she did not wear stockings; I knew of her feet being had, and I told mistress of it - they were had a good while before I told mistress of it; she first told me they were bad in the winter: I told mistress of it - she said, "Never mind, you must wait a bit, for I have not got time to go down to her" - I complained to her again the same afternoon, and she said, "Never mind, she must lay there;" she was lying in the back room then, and confined to her bed, and had been so about a week.

Q. Did you speak to your mistress after that about her feet? A. Yes, and then she gave me a cup of bread and milk poultice to put to them; she had been unable to do her work for a good while.

Q. Do you remember at any time while she was so ill, her being told to clean the stairs? A. Yes, the daughter told her (there was a pail of water there - Colpit did her tambour-work wrong), and she did them, but could not quite finish them; she fell down on the stairs, and said she felt so weak she could not do them - she was taken up

stairs, flogged well, and sent down again to do them; the daughter took her up stairs - I went up stairs, for I had to fetch her up; I saw the daughter flog her with a cane and a rod: she beat her a good bit - she took her clothes up to beat her: she sent her down to finish the stairs, and she made water on the stairs.

Q. What made her do it there? A. Because she was not strong enough to go down stairs; she had her nose rubbed in it - the daughter did it: I have seen her taken by her clothes and dipped into a pail of water, a good many times; that was on the day the stairs were cleaned; the daughter dipped her in - it was after the flogging: Robinson was there, but mistress had gone out; her head was dipped into the pail five times - Robinson said,"Dip her in again, and that will finish her;" this was about seven weeks before she was taken away - it was since Christmas.

Q. Have you, since October last, seen any body beat Colpit? A. Yes, the forewoman did, and sometimes the mother; she was beat very often - they beat her with a slipper: I have seen a slipper, a rod, and a cane used to beat her, because she did not do her work right, as she complained of a pain in her inside; they beat her sometimes at night, and sometimes in the middle of the day: she was working all day - I sat near her at the frame; she was in the middle of us; there were four girls between me and her at the frame - she could not do her work, she was too ill. We all slept on the floor, sometimes in the work room and sometimes in the back room; when we slept in the work room we had nothing but a blanket under us, and one over us; it was very thin, and we were very cold - Colpit was covered the same way as we were.

Q. Your mistress kept a dog; were you the little girl that used to fetch the errands? A. Yes; I fetched the victuals for the dog from where Hibner's brother kept pigs, in Gray's Inn-lane; I used to bring it in a little wooden sieve - it was hog-wash, and came out of the tub the hogs feed in; at times there were little bits of fish and bones in it - I used at times to eat it myself, and so did Colpit - we all used to eat it, because we were so hungry; I was the cook, and used to boil the potatoes -I used to get 6lbs., and sometimes 3 1/2lbs.; eight of us and the forewoman eat of them; we had nothing but potatoes; the forewoman used to have a red-herring sometimes - mistress and her daughter dined by themselves.

Cross-examined. Q. The forewoman lived as you did? A. Sometimes. I now live at Cripplegate workhouse, and am now very well - all the girls are there now, except those who are dead; they are all pretty well now.

Q. Did people frequently come to the house since October? A. Not very often: a man came with milk - nobody else brought food to the house: I used to fetch the coals: I used to be put up stairs with the others, when the prisoners went out; sometimes when they were out some of us went out, but we dare not go far, for fear they should come back - I knew my way to the workhouse: we never went there while we lived at the prisoners - we never went to church.

Q. How many of the children's friends did you see there? A. Colpit's grandmother and sometimes Ellis' mother and father came - that was about five weeks ago- the prisoners were there then, and the girls at home; we used to eat the dog's victuals every day - it used to be put in two large tubs, but it was brought to our house in a sieve.

MR. BOLLAND. Q. What became of you on Sundays? A. They used to send us down to bed; we were locked in the room, and could not come out -   Eliza Proctor is very poorly still, and has been so ever since.

  ELIZA NORMAN . I am eleven years old. I was apprenticed to the elder prisoner, from St. Martin's parish; I remember   Frances Colpit - I lived at the prisoners about a twelvemonth; since Michaelmas last we sometimes used to have one meal a day - sometimes we used to get up at three o'clock, and go to work directly; sometimes we used to work till one o'clock, and sometimes till twelve - we used to have half a slice of dry bread, and sometimes we used to have milk and water, and sometimes none; when we had breakfast we did not have dinner on the same day; when we had dinner we sometimes used to have potatoes - Colpit was fed in the same way; she used to say she could eat a bit more: she did not get it; when she first came she had good health - she began to get ill after the alteration of our food.

Q. After she became ill was she required to get up and work in the same way as before? A. Sometimes she used, and sometimes she used not, because she was not well; when she did not do her work she was beat, sometimes by Robinson, sometimes by mistress, and sometimes by the daughter; she was beat with a rod and a cane - I remember her being desired to wash the stairs - she was ill at that time, and was so weak she could not wash them; she was dipped into the pail of water by the daughter - Robinson was in the room, and said, "Take her up again and finish her." On Sunday we were down in the kitchen, locked up; we sometimes at night laid on the floor of the work room, with a blanket under and a blanket on the top of us - we all eight laid together - we laid in that way all the cold weather.

Cross-examined Q. What do you mean by saying sometimes you had only one meal a day, then sometimes you had more? - A. Yes; when we entered we did, but not very often - we sometimes, since October, had more than one meal when we earned it; the second meal was potatoes; we had no tea; we had milk and water in the morning, that was all; we only had milk and water of an evening three times while we were there - the daughter gave me an orange when I was coming to my mother - that was a good while before I was taken away; it was a little after I was bound; I, Colpit, and Proctor had gin and water sometimes, because we were weak; that was not long ago - Robinson took me to the doctor's in Judd-street, and the daughter took me once - Colpit went with me; it was about three months ago; we had no oranges then - they gave us physic - we were left in the house about five o'clock one evening, when the prisoners were out; it was not long ago - Robinson's mother was then in care of the house; I do not recollect it being left without her - I do not recollect any of the girls going out while the prisoners were out - I did not know my way to the workhouse; I do not recollect anybody but the milkman calling at the house - I have a mother - I went to see her twice after I was bound.

MR. ALLEY. Q. Did Colpit ever go out? - A. She only went out with a little child in the summer.

  CHARLES JAMES WRIGHT . I am a surgeon, and live at Camden-town. I went by direction of the parish officers, in company with Mr. Blackman, to the prisoners' house, on the 13th of February, and found   Frances Colpit in bed in the back parlour, No. 13, Platt-terrace, St. Pancras-road: I found her in a very emaciated state indeed, with sores on her toes, which were in a state of mortification: I then requested she might be removed to the St. Pancras Infirmary, which was done; when we got her there, I examined her minutely - I found the body extremely attenuated, with a slight cough, the toes mortified, some of them about separating at the time; all the toes on the left foot, except one, partook of mortification, and the right foot was in the same state, but was the worst. I attended her till Sunday, the 15th of March, when she died, in St. Pancras infirmary: after her death I examined her body, with two other medical gentlemen; there were abscesses on the lungs, with tubercles covering the lungs, a slight inflammation of some of the abdominal viscera and stone in the left kidney: her death arose from abscess on the lungs - that was the approximate cause, in conjunction with the mortification of the toes - I have heard two of the children examined - and have no doubt these tubercles might be produced by the treatment described, and want of food. I attribute the mortification of the feet to the want of food and necessary exercise - cold and wet would be an exciting cause - the disease might have been in the lungs a long time; the tubercles had been going on a long time I have no doubt; she had a bruise on the right eye, and some bruises on the right arm particularly - I should not think them produced by very violent blows.

Cross-examined. Q. Are you surgeon to the parish officers? - A. I am surgeon to the Directors of the parish. The mortification of the feet was not an exciting cause of the disease in the chest - I should hardly expect that had caused death: it might eventually have done so, but it might have been removed: many causes produce abscesses in the lungs, but these could not have been formed for any length of time, or there must have been puerile expectoration, which there was not; the inflammation might have been going on for a great length of time; the prisoner consented to her being moved to the Infirmary directly I requested it.

MR. BOLLAND. Q. When did you first observe expectoration of matter from the chest? A. In about ten days.

  THOMAS GOSLING . I am a surgeon, and live in Oxenden-street. I saw this child twice while alive - it was in a dreadfully emaciated state; I examined the body after death; there was extensive disease on the chest, a vast number of tubercles; on the abdomen several patches of inflammation, in the kidneys a stone, and the toes mortified- the death was caused by abscesses of the lungs, together with mortification of the feet; tubercles were formed in the lungs; ill treatment, and the want of food, are very likely to produce those consequences - if tubercles had been formed in the lungs, the treatment described would produce such excitement as to accelerate death, as it would bring them into action.

Cross-examined. Q. You are a member of the College of Surgeons? A. I am; I cannot give any date to the commencement of the disease in the lungs, or say how long the ulceration or tubercles had been formed; the mortification of the toes alone, in the state I saw them, could not have produced death - subjects dying from diseased lungs generally die in a state of great emaciation; exposure to cold is the most general cause of the disease, and most likely was so in this case.

COURT. Q. Has it happened that persons in the lowest condition of life, who have been all their lives in workhouses, have been much under your care? A. Very much; they are very often the children of diseased and weak parents, and more liable to consumption than any other complaint - commencing at times in early life, but generally at an advanced period; every thing which occurs to them has doubtless a tendency to increase these symptoms. I think dipping her head two or three times into a pail of water very likely to bring the tubercles into action, and form abscesses.

  BENJAMIN BURY . I am a surgeon, and live in Brewer-street, St. Pancras. I was called in to see the deceased after she was in the Infirmary - I found her in a very emaciated state, and her feet mortified: I examined her after death, and she had abscesses on the lungs, calculus in the kidney, and a slight inflammation in the abdomen.

Q. Supposing inflammation to have taken place in the lungs, and tubercles to have been there, what, in your opinion, would have been the result of dipping her head into cold water as described? A. It would aggravate the disease and produce ulceration; my opinion is, that she died from abscesses in the lungs, which would have been aggravated by the treatment she received, and by dipping in water; the want of food and proper clothing would accelerate it.

Cross-examined. Q. Can you tell how long the lungs had been ulcerated? A. No.

Prisoner ESTHER HIBNER. I leave my defence to my daughter.

ESTHER HIBNER, JUN.'S Defence. It is very false what these children have stated; my mother was a very good mistress to them - they would lay and wet themselves two or three times in the night, and I have got up and shifted them two or three times in a night; they never got up without they pleased; the furniture belonged to me; I lent my mother 200l. for those girls - I had nothing to do with the business; when I found the girl was ill, I had her put to bed and cleaned - she had clean sheets and blankets; I never dipped her in water in my life - I own I beat   Mary Harford for not making the bed well; they all frequently went out on errands; Ellis used to go home on Sundays; I took the greatest care of the children; when they complained to me I had them put to bed, asked what they would have to eat and drink; I gave them gin and water when they complained of being ill, and gave them oranges; and on Sundays they have gone out to buy oranges - they have met   Margaret Howse 's sister when they have been out to buy oranges: I beg   Mary Harford should be called up again; I think it shocking for her to say what she has.

Prisoner to MARY HARFORD. Q. Do not you know that the stockings of the little girl were changed two or three times a day for her? A. No, they were not; nor were Proctor's changed; I never pushed Colpit down stairs, I am sure - I was told to push her down.

ROBINSON's Defence. I have lived with these people four months and three weeks, and never saw any of this

treatment to the children; I left at eight o'clock at night, and went again at eight in the morning: I slept there four nights during one of the children's illness - there were two good beds and a mattress - I slept on one of them one night with Susan Whitby.

  JOHN STEED . I am a pensioner. The witness Ellis is my daughter-in-law; I went to the prisoner's house several times and saw her; the last time was a fortnight after Christmas; she came home on Sundays, and I used to go home with her - the last time was about two months ago; I and my wife took her back; we saw one of the children -I think it was Harford.

Q. Had you any complaint to make of your child? A. I thought she had not her proper fill of victuals - she took victuals back on Sundays with her.

E. HIBNER. SEN. - GUILTY - DEATH . Aged 61.

  ESTHER HIBNER , JUN. - NOT GUILTY .

ROBINSON - NOT GUILTY .

 

Second London Jury. - Before Mr. Recorder.

752.   ELIZABETH ANN WARNER was indicted for stealing, on the 27th of March , 9 spoons, value 3s., and 1 pair of sugar tongs, value 20s., the goods of   Joseph Gillman and another .

  FRANCES HAYCRAFT . I am servant to Joseph Gillman and Co., silk-merchant s, of  Newgate-street . On the 27th of March, at eleven o'clock in the morning, these things were in a cupboard adjoining the kitchen on the first floor; there is a door at the bottom of the stairs leading from the counting-house - I heard the spoons rattling, opened the kitchen door, and saw the prisoner going down stairs; I went after her; she ran away up Newgate-street and down St. Martin's-le-grand; I never lost sight of her; I laid hold of her, and told her she had taken something from the closet - I brought her back, and she produced the spoons and sugar-tongs from her pocket: she was given in charge, but said nothing.

Cross-examined by MR. BODKIN. Q. Does Mr. Lucas, the other partner, live in the house? A. No; Mr. Gillman's family do; the spoons were for the use of the firm; she did not produce the property till she came back to the warehouse.

  RICHARD BATES . I am servant to Joseph Gillman and Co. I was standing in the passage, and saw the prisoner running out at the door and Haycraft following her; I ran and assisted in securing her - I saw her take eight spoons from her pocket - and afterwards she produced a dessert spoon and sugar-tongs.

  JAMES SHAW . I am a constable, and received her in charge - Haycraft gave me the spoons.(Property produced and sworn to.)

GUILTY . Aged 30.

Transported for Seven Years .

 

753.   JAMES BROWN and   JOHN SCOTT were indicted for stealing, on the 11th of March , 78lbs. of beef, value 2l. 18s., and 36lbs of mutton, value 27s. the goods of   Thomas Chettle .

  WILLIAM WOODS . I am a porter at  Dick's coffee-house, Fleet-street . I ordered some meat on the 10th of March, of Mr. Chettle, of Clare-market - I bought 93lbs. of beef and 36lbs. of mutton; there were four loins of mutton and a saddle - I saw it brought to my house by one of Mr. Chettle's men, Edward Page: the prisoner Brown came to me about half an hour after, and said he had come from Mr. Chettle's for the meat which had been sent to me, for it was wrong weight - he did not state who he was; he had an apron on, a tray and steel, as if he was a butcher - I gave him the meat; there was no one in his company then; he said he came to get it reweighed; he did not say whether he would return with it or who would bring it back - I went to Chettle to inquire after it about an hour afterwards; I saw the meat again about two or three days after - I only saw part of the rump and saddle; it was similar to what I bought - I am not very certain of its being the same.

  THOMAS SKINNER . I am waiter at Mr. Wood's coffee-house. I was in the kitchen when Brown came down for the meat, and helped him up with it - Mr. Wood weighed it before him in the kitchen; it was then taken out of the scale - I helped him to put it on the tray, and put it on his shoulder - it was Brown's tray; he said "Lend me a hand up with the tray" - he went away with it; I saw nobody with him.

  THOMAS CHETTLE . I am a butcher , and live in Clare-market. On Wednesday I sent four rumps of beef, four loins and one chine of mutton, to Mr. Wood's; it came to about 5l. 10s. - I saw part of it on the Sunday following (the chine of mutton and the rump of beef,) at Newington-causeway, in Houghton's custody; I have seen Brown about; he was never in my employ, nor did he work in the market - I sent Page with the meat at two different loads; I never authorised Brown to call for it -I knew the meat again, as I had to part it; one of the rumps came off; I took the bones and compared them, and they are here - I never employed Scott.

  EDWARD PAGE . I am servant to Mr. Chettle. On Wednesday morning I took the meat from my master's to Mr. Wood's, and as I went I met Brown at the corner of Shoe-lane - I never saw him before; he asked me for a situation - he was dressed as a butcher; and as we went along he asked me if Mr. Chettle wanted a man - he continued with me till he got to Wood's, and wished me good morning; he saw me go in there with the meat.

  GEORGE SCOTT . I am a grocer, and live at Newington, Surrey. I know Brown by sight - he came in with Mr. Houghton's compliments, and wished to weigh a saddle of mutton, which he did: this was on the Wednesday before he was apprehended; there were two other persons with him, and I think Scott was one, but am not certain.

  THOMAS HOUGHTON . I am landlord of the King's Head public-house, Newington. I know Brown - he came on Wednesday, the 11th of March, and brought a tray with some beef and mutton in it; two of them came in and asked me to buy it, at four o'clock in the afternoon - I said I did not want it; I bought a piece of beef and mutton of him - it was part of a rump of beef and saddle of mutton- I sent him next door to Mr. Scott's to weigh it; it was claimed on Sunday morning by Myers, the officer - it was delivered to him on Sunday about two o'clock; I did not know Brown before - I saw him at Bow-street on the Monday - I believe him to be the man; I am certain of him.

  RICHARD MYERS . I am an officer of Newington. I

applied to Houghton on Sunday, the 15th, and demanded the meat of him - I found a rump of beef and saddle of mutton hanging up; I cut two pieces out of it, and desired Houghton's son to let it remain till I came back - I then went to the prosecutor's, and showed it to him; I took him to Houghton - he claimed it, and matched the bone with it at Bow-street - I apprehended the prisoner Brown on Sunday, the 15th, at Pearl-row, St. George's, Surrey, in bed; I handcuffed him, and said,"I suppose you know what I want you for?" he made no answer; on Tuesday, the 17th, I apprehended Scott in Adam-street, Kent-road - I had seen Brown and Potter in company together, on the day of the robbery, at the Rockingham Arms public-house, Kent-road, in the afternoon, and I saw them together afterwards, within a door of Houghton's, at about four in the afternoon; I never saw him near Wood's.

  THOMAS CHETTLE . Here are the bones - they match together; I have no doubt of it being all my meat.

BROWN's Defence. I had been after a situation, and as I came back I met the man with the tray, and asked if he knew of a situation; he said his master wanted a man -I left him in Fleet-street, and thought I would go back to Mr. Chettle's, but met another butcher, who told me of the same situation, but advised me not to go for it, as Mr. Chettle was always changing; he went into a public-house and sent me after the meat - I accompanied him over to Houghton's, where some of it was sold.

BROWN - GUILTY . Aged 22.

Transported for Seven Years .

SCOTT - NOT GUILTY .

 

NEW COURT, Second Day.

Fifth Middlesex Jury - before Mr. Sergeant Arabin.

754.   WILLIAM BARTON was indicted for stealing, on the 21st of March , 1 coal-scuttle, value 20s. , the goods of   James Batters .

  JOHN TOW . I live with Mr. James Batters, of  Wigmore-street, Cavendish-square . I was in the counting-house about half-past nine o'clock: I heard footsteps, and said, "Is that you, David?" no one answered - I looked towards the door, and saw the prisoner running out with this coal-scuttle in his hand; I ran out, and overtook him - he left the scuttle in the road, but I had seen it in his hand.

  GEORGE PALMER . I took the prisoner, and produce the scuttle.

Prisoner's Defence. I heard Stop thief! called; I ran, and a man stopped me.

GUILTY . Aged 19.

Confined Three Months .

 

755.   WILLIAM ELLIS was indicted for stealing, on the 10th of February , 1 plough, value 10s.; 2 saws, value 7s.; 2 squares, value 5s.; 1 philister, value 5s., and 1 plane, value 2s. 6d., the goods of   John Roberts ; I saw, value 2s. 6d.; 7 planes, value 10s.; 1 stock, value 6s.; 1 plane, value 4s., and 1 pair of pincers, value 1s., the goods of  John Wardle .

  JOHN ROBERTS . I am a carpenter . I was a journeyman to Mr. John Wardle - the prisoner was his apprentice . I lost these tools from the shop in  Carnaby-street , where they had been left by Mr. Wardle's order - suspicion fell on the prisoner; I got a warrant and searched his lodging.

Cross-examined by MR. PHILLIPS. Q. Did you find the duplicates at the prisoner's? A. Yes - he said he was in want of money, and pawned them; he gave me to understand he intended to return them - I did not wish to prosecute him.

  JOHN STEWART WALLIS . I am a pawnbroker, and live in Berwick-street. I produce the tools - I cannot say by whom they were pawned, but these are the duplicates which I gave.(Property produced and sworn to.)

Prisoner's Defence. I was in want of money, and intended to have returned them.

The prisoner received a good character.

GUILTY . Aged 18.

Recommended to Mercy by the Prosecutor.

Judgment Respited .

 

756.   WILLIAM DUFF was indicted for stealing, on the 14th of March , 14lbs. of ham, value 10s. , the goods of   Anthony Benson and   Jeremiah Newton .

  JEREMIAH NEWTON . I am in partnership with Mr. Anthony Benson - we are cheesemonger s, and live in  Tottenham-court-road . On the 14th of March I was in the shop; and heard the tin rattle on which we place hams for sale; I went out at one of the shop doors, and saw the prisoner with the ham, apparently intoxicated - he dropped it upon the steps of a baker's house, two doors off; the watchman came up and saw him lying on the steps - he told him he must not sleep there; he got him up, and this ham was under his apron - he then appeared to be quite sober.

Cross-examined by MR. PHILLIPS. Q. Did you see the prisoner in the shop? A. No, but the ham could not be taken from the window outside; it was about eleven o'clock at night.

  THOMAS SIMON . I took the prisoner.(Property produced and sworn to.)

GUILTY . Aged 16.

Confined Three Months .

 

757.   WILLIAM FIELD was indicted for stealing, on the 11th of February , 2 ducks, value 4s., the goods of   William Minnett ; and 1 duck, value 2s. 6d., the goods of   Hannah Stapleton .

  MATILDA JORDON . I live with my mother. on  Stoke Newington-common ;   Hannah Stapleton lives on the common and keeps ducks , and so does Mr.   William Minnett . On the 11th of February I saw the prisoner on one side of the bridge - I was on the other; that is not far from Stapleton and Minnett's houses - I saw him kill one duck; he knocked it down backwards - it quacked three times, and then died; it was in the water; he went in and took it out - it was a white duck; I do not know whether it was Stapleton's or Minnett's: there were seven ducks in all - they killed three, but I only saw him kill one; he looked under the arch, saw me, and then ran away - he was taken on the Saturday week afterwards.

Prisoner. Q. What did you know me by? A. By your coming to my aunt's; I never spoke to you, but I saw your face plainly.

  MARY CHESHIRE . On the 11th of February this witness came into the room where I was sitting, and said she saw two men killing some ducks - I went out, and saw two men; one had the duck in his possession - he had a red waistcoat with sleeves, but I did not see his face; I saw the head of one white duck, which I knew to be Mrs. Stapleton's.

  SAMUEL DAWSON . I live on Newington-common. I received information, and went after a man, but could not find him the first time; on returning, I found two dead ducks near the arch of the bridge, which Mr. Minnett owned.

GUILTY . Aged 19.

Confined Three Months .

 

758.   MARY GREEN was indicted for stealing, on the 1st of April , 1 sovereign, and 6 shillings, the monies of   Robert Ashworth , from his person .

  ROBERT ASHWORTH . I am a labourer , and live at Walthamstow. On the 1st of April, about eight o'clock in the evening. I was in Whitechapel, and met a woman - I went with her to a house in what I believe they call  George-yard ; I did not like the place I was in, nor the way I was treated - I wanted to get out again; the prisoner then came in, and the other woman left me; the prisoner came up, and began using me very queer; she put her hand into my pocket, and took out my money; I had one sovereign and 6s. - that I can positively swear; I had drank a little, but I was perfectly sober - it was in an up-stairs room; I had my money safe when I got into the house, and I know it was safe after the girl that went home with me was gone - it was safe not above two minutes before I missed it; the prisoner went out of the room, and I instantly missed my money - my pocket was turned inside out; I will not swear she did not say she would go and get something to drink- I had not given her any thing.

NOT GUILTY .

 

759.   LYDIA GABERT was indicted for stealing, on the 16th of March , 1 shawl, value 10s. , the goods of   Henry Levy .

  HENRY LEVY . I am a tailor , and live in  Cutler-street, Houndsditch . On the 10th of March the prisoner came into my service - she was hired by the year; on the night of the 15th of March my wife's shawl was lying on a chair in the parlour, and the prisoner's bonnet upon it; when we went up to bed, about twelve o'clock, the prisoner took the child up to our bed-room - when she went down I told her to fasten the door - I heard the bolt go, and the chain put up; in about a quarter of an hour afterwards I heard a knock at the door - I called to the prisoner to go down, but no one answered; I then went myself, and the street door was open - the prisoner was gone, and her box; the next morning I missed my wife's shawl - she had given us no notice; we went the following morning to the person who had given her a character, where we received information, which led to her apprehension.

  JOHN JACKSON . I am a pawnbroker. I produce a shawl, pawned by the prisoner in the name of   Lydia Ward , on the 16th of March.

  ANN LEVY . I am the prosecutor's wife. This is my shawl - it was safe in the parlour when we went to bed.

GUILTY . Aged 15.

Transported for Seven Years .

 

760.   WILLIAM LINDSAY was indicted for stealing, on the 22d of March , 22 sovereigns, 15 half-sovereigns, 2 half-crowns, 3 shillings, and 8 sixpences , the monies of   George Young .

MR. BARRY conducted the prosecution.

  EDWARD BELL . I am a clerk to Mr. George Young, who keeps the  Horse-bazaar, in King-street, Portman-square . On Saturday, the 22d of March, I placed in the iron safe 30l. 2s., in sovereigns and silver; I locked the safe, and put the key into a drawer in the desk - the prisoner had been a groom in the service; I paid him that day 7s. 6d. - his weekly wages were 17s. 6d., but he had been paid 5s., and 5s. were deducted for absence part of the week; on Monday morning I found the safe had been opened, and the key left in it - the cash had been taken away; some notes were left in it; the counting-house is some little distance from the dwelling-house.

  JAMES CLARK . I was at the counting-house on Sunday, the 23d - the safe was perfectly secure at four o'clock that afternoon - the doors and windows also; on the Monday morning, between six and seven o'clock, both the windows were found open, the cash drawer wrenched open, and the money taken out - the prisoner has improved in his dress lately.

Cross-examined by MR. PHILLIPS. Q. About what time do the men generally come to work there? A. About six o'clock; there was a great many men employed there.

  JOHN LIFE . I am a veterinary surgeon. I was on Mr. Young's premises about six o'clock that Sunday night, I think, to order my horse and gig - I am almost certain of it; I saw the prisoner close by the counting-house window- I am certain he is the man; he had a cloak on, which I took to be the porter's - I knew the porter; I thought he was shuffling or wrapping the cloak about him.

Q. This was in open day-light? A. Yes - it is a public place; there are not many men employed there on Sundays - I live opposite, and go in so often that I cannot tell what I went for.

MR. BARRY. Q. Is there a place for the public to go through? A. No - it is not a public passage - the window looks into the yard.

NOT GUILTY .

 

761.   HENRY BRADY was indicted for stealing, on the 3d of April , 3 loaves of bread, value 2s. 3d. , the goods of   John Turk .

  WILLIAM REDMAN . I am a master baker. On the 3d of April I saw Mr. John Turk's truck at  Shadwell ; the prisoner and two other lads were standing by it - I suspected, and watched them; I saw the prisoner take three loaves of bread out, and run down Field's-alley with the other two; I pursued, and took him, but the bread was gone - it was lost in less than five minutes.

  JOHN SHIRLEY . I am a baker, and work for Mr.   John Turk . I left my master's truck in Shadwell High-street; I was absent from it about eight minutes - when I returned three loaves were gone; they have never been found.

Prisoner's Defence. I did not take them; a captain asked me to carry his box, and gave me 2s. for it; when I was taken I said if he would let me go I would pay for the loaves.

GUILTY . Aged 16.

Transported for Seven Years .

 

762.   DAVID MANDISON was indicted for stealing, on the 30th of March , 1 scraper, value 3s., and 2 flower glasses, value 1s. 6d. , the goods of   Caroline Barrow .

  WILLIAM STONE . I am a carpenter. On the 20th of March, at a quarter-past six o'clock in the morning, I was going to work, and met the prisoner, in company with two others, coming down Lisson-grove; the prisoner had a scraper in his hand - I followed him to Portland-green; he went into the carcase of a house, and the other two stood outside; I went and asked the prisoner what he had got; he said a scraper, which he got from his father's, in Portland-town; an officer then came up, and took him; I looked, and found the scraper concealed; when I first saw him he was about a hundred yards from the prosecutrix's.

  MARY HUCKWELL . I live with Mrs.   Caroline Barrow . This is her scraper - it was on the front steps of a little garden before her house in  Lisson-grove .

The prisoner received a good character.

GUILTY. Aged 17.

Recommended to Mercy . - Fined 1s. and Discharged.

 

763.   ROBERT OWEN was indicted for stealing, on the 17th of March , 1 horse-collar, value 3s. , the goods of   Isaac Jerrom .

  ISAAC JERROM . I am a stable-keeper - my stable is in a yard in  Montague-street . On the 17th of March I went to Duggin's shop, to buy a horse-cloth, and found this collar, which I had missed from my stable for about a fortnight; the prisoner had been working there for about two or three months, and had lived with me once before - I had dismissed him because he used bad language.

  HENRY DUGGIN . I am a harness-maker, and live in East-street, Manchester-square. I bought this collar of the prisoner; I think I gave him 1s. 6d. for it, but I cannot be certain - I am sure he is the man - the prosecutor came to my shop about a month afterwards, and claimed it; I knew the prisoner before, but I do not know that I ever bought any thing of him before - I should have sold it for half a crown or 3s., when I had mended it.

  ISAAC JERROM . This is my collar; there is I. J. on it in three places - it is worth 5s. to me.

Prisoner's Defence. I am a poor man, and have a family - I hope you will not be hard with me.

GUILTY . Aged 38.

Confined Six Weeks .

 

764.   GEORGE PERRYMAN was indicted for stealing, on the 4th of April , I handkerchief, value 3s., the goods of   George John Cherry Paul , from his person .

  GEORGE JOHN CHERRY PAUL . I am a captain in the East India Company's service . On the 4th of April I was on the back seat of one of the stages, coming from the  West India Docks ; I had not been there above ten minutes before I felt something at my coat - I turned round, and found my pocket handkerchief extracted from my pocket, and lying on the seat of the coach; the prisoner was there - he got up behind the coach some how; I seized him by the hand, and gave him into custody - this is my handkerchief.

Prisoner's Defence. I had been to the docks to try and get some work; I got up behind a coach, and saw this gentleman's handkerchief half way out of his pocket; I tried to get up and touch him, but he turned round and accused me of picking his pocket.

GUILTY . Aged 17.

Transported for Fourteen Years .

 

765.   THOMAS TOMKINS was indicted for stealing, on the 26th of March , 1 cod's head and shoulders, value 1s. 6d. , the goods of   John Evans .

  JOHN EVANS . I live in the  Edgware-road , and sell fish . On the evening of the 26th of March I saw the prisoner take a cod's head and shoulders from my shop; he ran off - I pursued, and took him: he dropped it, and said he would pay me for it - I had seen him for about two hours about the shop.

Prisoner's Defence. I was with two or three young men in a public-house - we came out; they began playing with me, and told me I was frightened to go and take that fish, bring it them, and take it back again.

GUILTY . Aged 16.

Whipped and Discharged.

 

766.   THOMAS WHITE and   WILLIAM HART were indicted for stealing, on the 3d of March , 1 bushel and a half of oats, value 4s., the goods of   Thomas Smith , the elder, and others ; and   HENRY WOODHAM was indicted for feloniously receiving the same, well knowing it to have been stolen .

  THOMAS SMITH , JUN. I am a stone-merchant , and am in partnership with my father, Thomas Smith - there are other partners: our premises are in Old-street-road; White had lived with us for about eleven months, as a horse-keeper . On Sunday morning, the 1st of March, I went into the lost, and observed one of our sacks with some corn in it, concealed under some chaff in the chaff-room; there was about a bushel or a bushel and a half of corn in it - it was of the same sample as ours, and of a very good quality indeed; we keep our corn in the counting-house, and a proper quantity for use is taken out every day - I took two pieces of Spanish liquorice out of my pocket, put them into the sack among the corn, and left it there; I went the next morning, and saw the sack in the same place, but did not then examine it - on the Monday evening I spoke to the officer; about nine o'clock that evening he went into the premises - I showed him the sack and the corn; he marked the sack so that he should know it again - on the Tuesday morning he came to my premises early, to watch; about eight o'clock, when White was gone to breakfast, I went into the lost, and found the sack as I left it, under the chaff; about nine o'clock Hart came with a cart, from Forder Mellish, at Edmonton, and began loading some dung in it - he was in the habit of fetching dung from our premises; when he went out of our yard, and crossed the road, I observed a sack, containing something similar to corn in it, behind the cart; I went into my lost - the corn was gone, and the sack thrown carelessly over a partition in the chaff-room - I went to the King's Head public-house, in Kingsland-road, and there the cart had stopped; the sack which I had seen behind it was gone - I said to the officer, "No doubt it is gone down the yard;" we went down, and saw Hart standing against Woodham's stabledoor - the officer said to Hart, "What have you done with the corn which you brought?" I went down the stable,

and at the bottom there is a little dark room, where Woodham was; I found the corn, but no sack of mine on the premises: I told Woodham they did not sell such good corn as that, and if it was mine, there were two pieces of Spanish liquorice in it - I found one piece of Spanish liquorice in it, and said to the officer, "Take this;" Woodham replied, "Yes, it is very easy for you to say that - you might have put it in," or something like that; the money for the dung belongs to my two carmen, but White takes it for them.

Cross-examined by MR. CRESWELL. Q. Was it not a return cart? A. I do not know; I believe it had brought potatoes to town - they generally come in sacks; when the sacks are emptied they are generally put into one sack, and placed on the copse, not on the tail of the cart; White was not to keep the money for the dung - my sack was left in the chaff-room; I found no sack of mine where the corn was found at last.

  THOMAS VANN . I am an officer of Worship-street. On the 2d of March, about nine o'clock in the morning, I went into the lost, and saw this sack of corn, which I marked; on Tuesday morning I was placed in a room near the stable - Hart and another man came in, and loaded the dung close to the stable; as soon as they had arranged some bags, White went into the lost - he was there eight or ten minutes; and then came down again; Hart and the other man were then loading the dung, and when they had loaded and trimmed the cart, they got down, and I saw Hart bring a sack from the stable door, with something in it - he went to the tail of the cart, and immediately I saw White and Hart leave the tail of the cart; Hart then drove the cart off; White went into the lost again, and staid, three or four minutes - he then went out of the yard after the cart; I sent for a young man to watch the cart - we went on to Pitfield-street, but the cart was gone; we went on to Kingsland-road, and saw the cart and Hart with it; Mr. Smith, who had got there before me, said, "The corn is gone;" we went into the stable, and found Hart just within the stable door - I said, "Where is the corn and sack you brought in here?" Hart said, "I brought none;" we took him down to the bottom of the stable, and there found Woodham - I said, "Where is the corn and sack this man brought in?" he said he brought none; the room was dark, but Mr. Smith stepped aside, and opened the door, which put us all in the light directly; we saw some corn in a bin - Mr. Smith said, "This is mine, and I will swear to it - you have not such corn in your place: if it is mine there are two pieces of Spanish juice in it;" he turned the corn up, and one piece came up; Woodham said, "I dare say you put it there;" I said, "How dare you speak so to a respectable tradesman?" Mr. Smith said"Never mind, Vann, there is another piece in it;" I looked and found it - I asked Mr. Smith whose stable it was; he said, "It belongs to Mr. Milledge, who keeps the King's Head" - this is the corn.

Cross-examined. Q. You say you lost sight of the cart? A. Yes, I did; I did not see the other man again who had been with it.

  THOMAS LAMBERT . I am a stone sawyer, and work for Mr. Smith. The cart was backed down to the dung-heap; the old man; who was helping Hart, got up, and threw out some sacks from the cart - he threw one bundle of sacks near the stable-door; I then went into the stable and saw White emptying something out of a sieve, but what it was I could not see; I went to my work, and when the cart was loaded, I saw Hart and another man drag a sack out of the stable; he put it up behind the cart, and then another sack, with something in it, which appeared to me to be empty sacks - I saw the sacks at the back of the cart; it went away, and I saw no more.

WHITE - GUILTY . Aged 39.

HART - GUILTY . Aged 24.

Transported for Seven Years .

WOODHAM - NOT GUILTY .

 

767.   STEPHEN SMITH was indicted for embezzlement .

  ALEXANDER MCBAIN . I am an umbrella-maker , and an agent for the sale of Birmingham goods. I have a customer named Angel; the prisoner was employed as a daily porter by me - he used to carry out goods, and receive money, for which he was to account on his return; he kept no books, but was to hand me the money when he came back.

  JONAS ANGEL . I am an umbrella manufacturer. I paid the prisoner 16s. 11d. on the 4th of February, for the prosecutor.

  ALEXANDER MCBAIN . The prisoner took out these goods, but never brought the money to me; I think it was on a Wednesday - I expected him to return the same evening, but I never saw him till I took him into custody on the Saturday.

Prisoner. I throw myself on the mercy of the Court.

GUILTY . Aged 47.

Transported for Seven Years .

 

768.   THOMAS WESTON was indicted for embezzlement .

  ANDREW ROLLO . I am a cabinet-maker , and live in Brick-lane, Old-street. The prisoner was in my service; I sent him out on the 11th of July, to sell two hall-chairs, but he never returned - it was the first time I ever sent him out to receive money.

  JOHN PRICE . I am a broker, and live in  Whitechapel-road . I bought two hall-chairs of the prisoner in July - he said they belonged to Mr. Rollo, of Old-street; I gave him 1l. 5s. for them.

Prisoner's Defence. He gave me the chairs to sell, and said he should give me 1s. in the pound, as he did others: I sold the chairs, put the money into my pocket, and lost it. I went to Mr. Rollo's brother, and told him the circumstance; he said he had told his brother, and that he said he would take me into custody; I went to Mr. Rollo's shop, and waited for him, but he was not at home.

NOT GUILTY .

 

769.   GEORGE EVANS was indicted for stealing, on the 17th of February , 5 bars of iron, value 7s., and 1 jack-weight, value 4s. , the goods of   Thomas Murray .

  THOMAS MURRAY . I am an iron-merchant , and live in  High-street, Bloomsbury . On the 15th February, I was passing Mr. Marlow's shop, and saw five bars of iron, which I knew to be mine, though I had not missed them- they had been taken from the back of my house, which

leads into the warehouse; these are them - I went in, and claimed them.

  THOMAS MARLOW . I keep a marine-store shop, in King-street, Seven-dials. I bought these bars of the prisoner, about the 9th or the 11th of February; I asked where he brought them from; he said from Mr. Brown's, in West-street, where I am in the habit of having iron from - I did not know the prisoner before.

Prisoner's Defence. A young man at a public-house asked me to sell these bars of iron for him.

GUILTY . Aged 24.

Confined One Month .

 

770.   EDWARD COLNBROOK was indicted for stealing, on the 9th of March , 14 pairs of boots, value 2l. 5s. , the goods of   Benjamin Thompson .

  ELIZABETH THOMPSON . I am the wife of   Benjamin Thompson : we keep a shoe warehouse and a broker's shop , in  Brick-lane, Old-street ; the prisoner was employed to carry out small furniture occasionally , and had been with us for two or three months; we missed some boots, two pairs the prisoner confessed he had left at a stall for a few minutes.

  BENJAMIN LAMB . I went, and got these two pairs of boots from a stall to which the prisoner directed me.

  EDWARD CHARLES COVENTRY NASH . I have one pair of boots, pawned by the prisoner on the 31st of January.

  STEPHEN STEVENS . I am a pawnbroker. I produce one pair of boots.

  GEORGE WALLIS . I am a pawnbroker. I have two pairs of boots; I am not certain by whom they were pawned.

  EDMUND JULIAS SUTTON . I am a pawnbroker, and live in Kingsland-road. I have two pairs of boots pawned in the name of   Edward Colnbrook - I am not certain by whom.

  JOHN ELLIOTT . I am a pawnbroker. I have two pairs of boots pawned by the prisoner.(Property produced and sworn to.)

GUILTY . Aged 45.

Transported for Seven Years .

 

771.   JOHN HOGDSKINS was indicted for stealing, on the 1st of April , I pair of shoes, value 3s. 6d. , the goods of   Robert Syrett .

  HENRY SYRETT . I am the son of Robert Syrett, a shoemaker , of Crawford-street. On the 1st of April, the prisoner came and stood at the window, which was broken, and took a pair of shoes; he ran away with them - he threw them away - I pursued, and only lost sight of him while he turned a corner; the watchman took him.

  ROBERT SYRETT . These shoes are mine; I had seen the prisoner lurking about the premises the night before.

GUILTY . Aged 16.

Whipped and Discharged.

 

772.   JOHN HARRISON and   WILLIAM BERRY were indicted for stealing, on the 25th of February , 1 lamp, value 30s. , the goods of   William Pittock .

  SARAH PITTOCK . I am the wife of   William Pittock ; he keeps the  White Swan public-house, in Little St. Andrew's-street, St. Giles' : this lamp is ours, and hung in the club-room up stairs. On the 25th of February, I saw the two prisoners at our house, in company - they had something to eat and drink; I went into the room where they were, and saw them whispering together - Harrison then got up, and went out; he came back, and beckoned to Berry, who went out with him; I went out, and saw them going away from the house - Harrison had the lamp- my husband pursued, and took Berry; there was no other person there who could have gone into the clubroom - the lamp was brought back the same night by a little boy, who gave it to me, and went away directly.

  WILLIAM PITTOCK . My wife called to me; I pursued, and took Berry - Harrison got away; a boy brought back the lamp the same evening - he left it in the bar, and ran away; I had seen it safe about an hour before; there were no other persons who could have taken it but the prisoners - Harrison was taken on the Saturday.

  GEORGE HOPKINS . I was standing at my door, and saw Harrison run by with a lamp under his arm - I did not see Berry.

Prisoner HARRISON. Q. You have known me for some time? A. I never knew any thing wrong of you; I believe you sell oysters from house to house.

  GEORGE SKELTON . I apprehended Berry on the 25th, and Harrison on the 28th.

HARRISON's Defence. A person asked me to have a drop of beer; we went to the White Swan public-house; my friend went out and got something for dinner - we had some dinner there; he went out, and said he had a job; I went out to look for some work - when I came back again. Berry had been up stairs; he gave me the lamp to carry; he ran down the street, and I ran too- he was taken, and I escaped; but I sent the lamp back.

BERRY's Defence. I met with Harrison, who asked me to have part of a pot of beer; there was another young man there, who got up and said, "I shall see you at night," and in a few minutes I got up to go home; before I had got far, I was touched on the shoulder by the prosecutor, who asked me where Harrison was -I knew nothing about him.

HARRISON - GUILTY . Aged 23.

Transported for Seven Years .

BERRY - NOT GUILTY .

 

773.   CHARLES CHAPPELL was indicted for stealing, on the 25th of February , 1 handkerchief, value 6d.; 1 pair of shoes, value 1s.; 1 gown, value 4s.; 3 yards of ribbon, value 3s., and 1 shawl, value 2s. , the goods of   Thomas Brain .

  SOPHIA BRAIN . I am the wife of   Thomas Brain ; he is afflicted with paralytic. On the 25th of February, between seven and eight o'clock in the evening, I was going along the road leading to Hampstead, where I live; I had a bundle with me, which contained this property - there are no houses in that part of the road, but fields; the prisoner passed me, met another lad, and said, "Have you seen my brother?" he said No; he went on towards London - the prisoner passed me back again, and called twice, "Bill;" he then turned round, and I came nearly opposite to him - he snatched my bundle, and ran away; he never spoke; I turned round, and cried Stop thief! he was taken about a hundred yards from me - I believe some gentleman picked up my bundle; I am certain the

soner is the lad - I have always expressed the same opinion.

Cross-examined by MR. PHILLIPS. Q. Did you ever say he was not the lad? - A. No; he was not liberated to my knowledge - I said he might be liberated, but the gentleman said we had better lock him up; I never said I did not think he was the boy - it was dark; there was nobody else taken on my account; four boys were brought up by the officer, because he heard there had been a robbery; but it was this one took my bundle - I never saw the other boy afterwards; there were plenty of lamps; the gentleman brought him up in custody with the bundle.

COURT. Q. The prisoner was taken within a hundred yards? - A. Yes; and the moment I saw him, I said,"That is the boy;" I have never said I did think he was the boy - I have always been of opinion that he was.

  EDWARD JAMES LUTWICH . I have a house at Hampstead; I was going there on the evening in question with my brothers; on turning out of  Bond-street , I met three boys, and heard Stop thief! called - I thought at first it was only a joke: presently I saw the prisoner running, and laid hold of him; he said, "I have got nothing;" but at some distance behind him I saw a white bundle - I took it up. went up the path, and met the prosecutrix; she said,"You rascal, what have you taken my bundle for?" and then said what a bad thing it was; she inquired where his friends lived, and so on, and at last the boy was let go - a person named Bull came up, and laid hold of this boy, and said, "Let us look at him;" he was taken into a house, and let go again - the headborough then came up, and he was taken again; there were three other boys taken between thirty and forty places off the place - I think the bundle was from four to six yards from the prisoner.

Cross-examined. Q. Then it is true that the boy was let go twice? - A. He was; I did not know these other boys - it was so dark, that unless there was something very white about a person, you could not see them - if the bundle had not been white, I do not think I should have seen it; I believe the witness went to the watch-house, but I am not positive - she was certainly present when the boy was liberated once; it was so dark, that I should not be surprised at a person not knowing any one they had not seen before - I did not see the bundle dropped; the other boys passed in the same direction.

  SOPHIA BRAIN re-examined. Q. Did you go up to the spot when he was taken? - A. I met the gentleman with him - the spot where the bundle was taken was a lighter part than the rest of the road; it was close to a lamp - Mr. Paxton has the property, but he is not here.

MR. PHILLIPS. Q. Now, was that boy liberated or not? - A. There were so many round, that I do not know positively whether he was or was not - I did not see it.

NOT GUILTY .

 

774.   JOHN HILT ,   HENRY MERCER , and   JAMES PRESNALL were indicted for stealing, on the 10th of March , 6 ducks, value 1l.; and 1 basket, value 3s., the goods of   John Stone : the said James Presnall having been before convicted of felony .

  JAMES STONE . I am a carrier, and live at Ingatestone, in Essex; I had a load of hay and a basket of six Muscovy ducks tied behind it - the basket was cut off in  Whitechapel-road - I saw them safe at the Mile-end gate, and did not see them again till they were in the officer's hands; I was bringing them to town for a gentleman.

Cross-examined by MR. CLARKSON. Q. Were the ducks alive or dead? - A. Dead.

  CHARLES DOWSON . I am an officer. On the 10th of March I was on duty in Whitechapel with Briscoe; I saw the three prisoners following four carts coming to town, loaded with hay; behind one of them there was a basket of poultry - I could not tell what it was, but I saw it attracted their attention; I watched them, and saw Mercer cross the road, and then return to his companions - they walked on a little farther, and were within a yard or two of each other; when they got opposite the hospital, Mercer crossed the road again; he went very near the cart, and again returned to his companions - they had some conversation, then Mercer and Presnall left Hilt, who continued to walk on the pavement; they went to the cart; Mercer cut down the basket - he caught hold of one end of it, and Presnall the other, and they went down Greyhound-lane, and I followed them - they dropped the basket, and ran; I overtook Mercer, and saw something in his hand, and on going to take it he dropped this knife on the pavement - I took Hilt about ten o'clock the same morning; I went to Stone, who was with the cart, and asked him if they were his ducks - he said they were.

Cross-examined by MR. PHILLIPS. Q. Had you known Hilt before? - A. Yes; and I went to his father's house afterwards - Hilt kept walking on; he might see me go up to the other men, I do not know - he did not attempt to touch the ducks; I cannot tell what conversation took place between them; it was about seven o'clock in the morning when I saw them - Presnall was taken afterwards.

  THOMAS BRISCOE . I am a Bow-street patrol. I was with Dowson; what he has stated is correct - I saw the three prisoners in company together.

Cross-examined by MR. PHILLIPS. Q. You did not see Hilt attempt to touch any one's property? - A. No.

  FRANCIS KEYS . I am an officer. I produce a copy of the conviction of   James Presnall ; I saw him tried at this bar - I was not a witness, but was present at the trial; I took him into custody this time.

The copy of the conviction was here put in, and read; stating, that on the 11th of September, in the ninth year of his present Majesty's reign, James Presnall was convicted of stealing, on the 20th of August, 4 boots, the goods of   John Birt , and ordered to be imprisoned four calendar months.

MERCER - GUILTY . Aged 21.

Transported for Seven Years .

PRESNALL - GUILTY . Aged 22.

Transported for Life .

HILT - NOT GUILTY .

 

775.   CORNELIUS CHARLES JOHN MUNN was indicted for stealing, on the 4th of February , I pair of trousers, value 7s. , the goods of   Charles Chadwick Jones , Esq .

  CHARLES CHADWICK JONES , ESQ. I am a special pleader . The prisoner was in my service - I missed a pair of black trousers the latter end of January; the prisoner

used to brush my clothes every morning, and when I found I was wearing the same pair of trousers every day, I asked him where the other pair was, he said he did not know, but he supposed they had been left upon the table in the passage, and had been taken away when the door was opened: he afterwards told me where they were.

Cross-examined by MR. DOWLING. Q. The prisoner was with you some time, was he not? A. Yes; I had no reason to doubt his honesty; my passage is not open, but at that time there was a hard frost, and the servant had to go to a pipe to get water.

  JAMES ESSEX . I am a watchman of Islington. On the 9th of March the prisoner was given into my custody; Mr. Jones said he had missed several things - I took the prisoner to the watch-house, and found this duplicate on him.

  WILLIAM ROBERTS . I am a pawnbroker. I have a pair of trousers pawned in the name of   John Munn ; I cannot say by whom.

NOT GUILTY .

 

776.   PATRICK MULLENS was indicted for stealing' on the 1st of April , 1 umbrella, value 2s. , the goods of   William Salmon .

  WILLIAM SIBBALD . I live with Mr. William Salmon, a linen-draper , of  Red Lion-street, Holborn . I employed the prisoner to mend my umbrella, and paid him for it; he then asked me to go into the house to see if there was any other job for him; while I was gone he went away, and when I came back I missed an umbrella from the corn-bin in the stable, where there had been two besides mine; I went after him, and asked if he had taken one by mistake - he said he had not; I pointed to this one which was under his arm, and said that was it; he denied it - I said it was, and he said it was not, but if I went back to the corn-bin, I should find the umbrella again; I said I would not, as he had got it; it is not a new umbrella; I did not know the prisoner before - he had three or four umbrellas under his arm; he had just got out of the mews, about sixty yards off.

Prisoner's Defence. It is my property - I make umbrellas and repair them ; I had offered to sell him this one for 2s., or to leave it in the place of his own while I did that; but he would not let me take it away, and I did it in the stable.

NOT GUILTY .

 

777.   THOMAS RAMSDEN was indicted for stealing, on the 26th of February , 1 ream of paper, value 22s. , the goods of   John Spratt .

  SAMUEL GARDINER . I know Mr.   John Spratt , of  Tottenham-court-road - he is a stationer . About a quarter before seven o'clock in the evening of the 26th of February, I saw the prisoner coming out of his house with this ream of paper; I followed him about thirty yards and then stopped him; I said."Halloo! what are you going to do with that paper?" he dropped it, and said, "It is all right, I will go back with you;" he went back with me to the door and then ran away; I overtook him, secured him, and brought him back.

Cross-examined by MR. PHILLIPS. Q. How long have you been an officer? A. Three years; I knew nothing of him before; I hear that he has a good character.

  JAMES GOULD . I picked up this paper near my master's door, and gave it to the officer.

  JOHN SPRATT . This is my paper, it was laying near the door; I know nothing of the prisoner.(Property produced and sworn to.)

The prisoner received a good character.

GUILTY. Aged 23.

Recommended to Mercy . - Confined Fourteen Days .

 

778.   FREDERICK SMITH was indicted for stealing, on the 12th of March , 1 brass cock, value 1s. 6d., and I bell, value 6d. , the goods of   Thomas Sweeting .

  SARAH SWEETING . I am the wife of   Thomas Sweeting , and live in  Back-road, St. George's - he is a broker . I saw the prisoner take this brass tap and walk away; I did not see him take the bell - I came up to him and gave him in charge.

  JAMES BAKER . I am an officer. I took the prisoner, and found this cock and bell on him.(Property produced and sworn to.)

The prisoner pleaded distress.

GUILTY . Aged 62.

Confined One Year .

 

779.   ROBERT SHEARRING was indicted for stealing, on the 6th of April , 10lbs. of nails, value 3s. , the goods of   John Yellowley .

  JOHN YELLOWLEY . I am an iron-merchant , and live at  Wapping-wall, Shadwell . The prisoner was in my employ for three years and a half, and slept on my premises last Sunday evening; on Monday morning, about eight o'clock, an officer came with this parcel of nails, which he said he took from him in the street; I have no doubt they are mine - they had been in my lower warehouse.

  JOSEPH GALLOWAY . I am an officer. I found this parcel on the prisoner about eight o'clock last Monday morning, about one hundred and fifty yards from his master's house; I asked where he was going with them: he said to a Mr. Hoffner's, a cooper, for his master; he told me who his master was, and we went back there.

The prisoner pleaded distress.

GUILTY. Aged 43.

Recommended to Mercy by the Prosecutor, on account of his family . - Confined Six Weeks .

 

780.   HENRY WILLIAMS and   WILLIAM STURDY were indicted for stealing, on the 11th of March , 5 shirts, value 10s.; 2 pairs of stockings, value 1s.; 1 sheet, value 3s., and 3 frocks, value 1s. 6d. , the goods of   Spooner Fitt .

  SPOONER FITT . I live in  Hammerton-street, Paddington-green . On the 11th of March my neighbours told me their yards had been stripped - I went to look at mine, and missed seven shirts, one sheet, four children's frocks, and other articles; I think three of my neighbours places had been robbed; I did not know the prisoners before; they were taken up about twelve o'clock the next night.

Cross-examined by MR. PHILLIPS. Q. What sort of a day was it? A. I know there was a shower - I know the sun shone.

  FRANCIS BRADLEY . I am the watch-house-keeper of Paddington, and live just opposite the watch-house. I heard of this robbery about half-past seven o'clock, and then saw the prisoners passing very hastily by with each a bundle, which appeared to me to be linen; Williams resembled a young man against whom I had a warrant, and pri

I sent two officers after them, but they were not taken; on the following evening, a few minutes before twelve o'clock, I took up Sturdy; when they passed, Williams had a blue frock-coat on, and Sturdy a drab frock-coat - and there was left on the fence of Mr. Hogg's garden this piece of a coat, which I produce; it is exactly similar to the one Sturdy had on - but when I took him he had a dark coloured coat on; I took off Sturdy's shoes, and said,"Are these the shoes you had on when you were there?" or something to that effect; he said they must be, for he had no others; I went to the place where some persons had got over the wall, and these shoes exactly fitted several footmarks that were there; there appeared to be the footsteps of two other persons or more - but these I traced across some tulip beds, and other soft ground, to where the persons had got over; a piece of the paling was broken down in getting over; I went with Stowell to apprehend Williams - Stowell ordered him to pull off his shoes - we went and fitted them to a number of marks.

Cross-examined Q. Are they right and left shoes? A. No; this one has been worn on the left foot - it is a common size; Sturdy kept out of the way till the second day; I think there had been no rain at that time; the shoes were quite dry;   William Hopkins is the young man I mistook Williams for; I did not stop the bundle at first - it was in a shawl handkerchief, and appeared like linen, but it was wrapped up.

  WILLIAM HENRY PIDGEON . I live at Pell-street, Mary-le-bone, about half a mile from Mr. Fitt's. On the Thursday morning, about eight o'clock, or a little before, I saw the two prisoners pass my father's door with two bundles -I had often seen them pass; I heard the words "wet linen;" the arms of a shirt hung out of one of the bundles.

Cross-examined. Q. Was it a shawl? A. It was like a blue pocket-handkerchief; they were small bundles; I was not taken out of the Police-office to be spoken to by any one; I had often seen the prisoners about the door - their bundles were about the size that one person could carry; it was rather a dull morning; I do not believe there was any rain on that or the next day.

  HENRY STOWELL . I am an officer of Mary-le-bone. I went and saw the ground; I went to the back of Williams' house, took these shoes off his feet and matched them with the marks on the ground - here are three or four nails on this side which were marked exactly; there is a mark where his toe slipped on the rails, and a mark where these nails scraped the mud in jumping over the wall; Williams said he might as well he transported for this as for any other offence.

Cross-examined. Q. Did he not say he might as well be transported for any other offence as this? A. I think his words were, "I may as well be transported for this as for any other offence;" I will not swear it; his house is not far from the prosecutor's - the two gardens go towards each other; he might have gone towards his own house, and I think he did; there was a poor woman there who went into fits, and said something which I do not think right to repeat here; I searched his house and Sturdy's, but did not find any property belonging to the prosecutor.

  JAMES HOGG . I have some premises near the prosecutor's - I found this piece of cloth on the fence of my garden near where two houses are building.

WILLIAMS - GUILTY . Aged 18.

STURDY - GUILTY . Aged 19.

Transported for Seven Years .

 

Fourth Middlesex Jury - before Mr. Common Serjeant.

781.   CHARLES MORELL was indicted for stealing, on the 29th of March , 1 bottle of scent, value 1s.; 5 boxes of tooth-powder, value 5s.; 1 comb, value 1s., and 1 smelling-bottle, value 20s. , the goods of   Augustine Levallois , widow .

The prisoner being an Italian, had the evidence explained to him by an interpreter.

  AUGUSTINE LEVALLOIS . I am a widow, and keep a perfumery shop in  St. Martin's-street . The prisoner had come several times to see me - he came on the evening of the 29th of March, about half-past ten o'clock, and went away about half-past eleven in the morning; I missed the articles stated from the back parlour - I left him there while I got his supper in the front parlour.

  THOMAS PROSSER . I am a patrol. I took the prisoner on the 31st of March, in the afternoon; he told me he lived at No. 22, Cecil-street, but when I inquired there they said he was to have gone there the next day - I searched his box, and found this little bottle of scent, this box, and this powder; he went with me, and gave me the key of it - he told me, in English, that it was a young man who went with him, and before Mr. Halls he said that the young man gave them to him on the Sunday.

Prisoner's Defence. I used to eat, drink, and sleep there: I never took them with any intent of robbery - I thought they were for my use.

GUILTY. Aged 22.

Recommended to Mercy by the Jury and Prosecutrix .

Confined Fourteen Days .

 

782.   FREDERICK WATTS was indicted for stealing, on the 12th of March , 1 cloak, value 4l. , the goods of   Frederick Cook and   Christopher Lucas .

  CHRISTOPHER LUCAS . I am a hatter , in partnership with Mr.   Frederick Cook - we live in  the Quadrant, Regent-street . On Thursday, the 12th of March, a gentleman told me a person had taken a cloak: I went out, and saw the prisoner about three hundred yards off, with it - I had seen it safe shortly before; he dropped it, and our porter took him.

Cross-examined by MR. CHURCHILL. Q. Where had it been? A. Near the door; a person going by might take it.

  STEPHEN COOK . I am in the prosecutors' employ. I saw this cloak drop from the prisoner's arm, when I pursued him with my master, and took him.(Property produced and sworn to.)

Prisoner's Defence. I never saw the cloak.

GUILTY . Aged 20.

Confined Three Months .

 

783.   BENJAMIN WALLER was indicted for stealing, on the 18th of March , 2 pieces of wood, value 3s. 6d. , the goods of   John Bewley .

  JAMES PAGE . I am in the employ of Mr.   John Bewley , a poultry salesman , in Newgate-market - he is building some houses at the back of  Clerkenwell church . The

prisoner worked on the premises: on the 18th of March I saw him put two pieces of wood through the window of the warehouse - another man took it from him, and took it round the corner; the prisoner then came out to assist him to take it away; it was between three and five o'clock; they carried them through a court that leads to Aylesbury-street - I followed; they set the timber up on end, and ran away; I do not know whether they saw me - the other man was a stranger.

Prisoner. Q. Which was the piece I carried? A. I cannot tell, you took one of them; you carried it beyond the gateway, into the street.

  GEORGE FREDERICK ATHERNEY . My father is Mr. Bewley's foreman. On the 18th of March I saw the prisoner on his premises - I saw him put two pieces of stuff out of a window: I did not see them carried away: Page went after the two men - I know the court, which is beyond the premises; I saw these boards there - the prisoner was not there then.

  THOMAS ARTHUR ATHERNEY . I believe this to be the property of Mr.   John Bewley ; there is a mark on each of them, which I had put on. The prisoner had been working in my employ on the premises, and had finished his work on the Wednesday before.

  WILLIAM HALL . I took the prisoner - he denied the charge; he said he did not carry any thing away.

Prisoner. Q. Did I run away? A. No; he got out of a building where he was at work, and he said he did it because he did not want his present employer to know any thing about it - Atherney was with me, and he saw him get down an area.

  THOMAS ARTHUR ATHERNEY re-examined. I went to the place where the prisoner was at work, about three o'clock on the 19th; I inquired for a person of the name of Waller - they said no such person worked there, but there was a Mr. Carter; I said, "Perhaps that is the man"- the prisoner then made his appearance; I told him I understood he had been looking for me the day before - he said if I would come to the back of the premises he would speak to me, and he got down an area.

Prisoner's Defence. I worked three weeks for him, and never got a halfpenny piece; I went to him on the Saturday night for money - he got up, knocked me down into the fire-place, and said."How dare you come into the parlour?" there is still a balance due to me.

NOT GUILTY .

 

784.   JOHN BARR was indicted for stealing, on the 10th of February , 1 coat, value 10s., and I pair of trousers, value 5s. , the goods of   Henry Hart and   John Davis , his masters.

  JOHN DAVIS . I am a salesman , and live at  Hammersmith . The prisoner was in my service for two years and a half - on the 5th of February I received information that he had robbed me; I went to an officer and told him of it; I then went to a pawnbroker's, and found seven pairs of shoes, a waistcoat, and a hat, which I had seen in the shop before, but I cannot tell how lately, as we have a large stock of shoes - the shoes and the hat were new, the waistcoat was second-hand.

Cross-examined by Mr.   JOHN ALLEY . Q. Do you keep a slop-shop? A. A sale-shop - I have seen these things within a year; I have hardly been in the shop a year and a half - none of them were found on the person of Chapman; a duplicate was found on him - he had a pair of trousers and a rap on; I do not claim them as mine, because I am not sure they belong to me; I did ask Chapman about them - I told Mr. Scott that a pair of trousers were found on Chapman: I know he is without father and mother, and has no friends - he was in great distress when I took him; I rather believe the trousers to be mine, but I left him in possession of them, because I am not sure they are mine; I believe a duplicate was found on a person named Casey, who was before the Magistrate, but is now at large.

  CHARLES CHAPMAN . I took some things to pawn for   John Barr , one evening about three months ago - it was since Christmas; there were seven pairs of shoes and a black cloth waistcoat - I cannot say how much I got, I believe it was ten shillings; I gave some of the money to Barr, and kept some myself - I believe I went eight times, once with a waistcoat, sometimes with shoes; the two last times there were two pairs in each parcel.

Cross-examined. Q. Did you often go to the shop of Mr. Davis? A. Twice a week sometimes, but not every week - Mr. Davis was sometimes from home; I saw things hanging at the door, clothes and shoes, in the day time - I have passed the shop before I knew the prisoner; I have not known him above three-quarters of a year - I have a pair of trousers belonging to Mr. Davis; I pawned a coat and a pair of trousers at Mr. Wells', at Kensington, and I took a coat and a pair of trousers to another pawnbroker's - Barr gave me the trousers I have on to wear; I went with Casey to Mr. Gould's, the pawnbroker - I told the prosecutor I had a pair of his trousers on; no one was present when the prisoner gave them me to pawn.

COURT. Q. You say Mr. Davis was there sometimes? A. Yes; and then I did not speak to the prisoner - they asked me my name at the other pawnbroker's, but not at Mr. Gould's, because they knew me; I live with my father and mother.

MR. ALLEY. Q. Did you tell your father and mother the prisoner gave you these things, before the trousers were found on you? A. No; I only told Casey - I afterwards told Mr. and Mrs. Davis.

  RICHARD WAYLETT . I live at Mr. Gould's, a pawnbroker, at Hammersmith. I have four pairs of shoes which were pawned by Chapman - I cannot swear to the others; I asked him where he came from, he said from Mr. Foley.

Cross-examined. Q. Has Chapman been often in your shop? A. Yes; I had seen him for a year and a half or two years - he pawned them in his own name.

  JOHN TROUBLE . I live at Mr. Well's, a pawnbroker, at Kensington; I have a coat and a pair of trousers pawned by a lad, but I cannot tell who.

  THOMAS KING . I am a pawnbroker - I received a coat and trousers for 10s. from a lad - I cannot say who; Mr. Davis claims them.

  JOSEPH PALMER . I am an officer, and took the prisoner - we had no conversation. NOT GUILTY .

 

785.   JOHN BARR was again indicted for stealing,

on the 26th of February , 7 pairs of shoes, value 30s.; 1 waistcoat, value 3s.; and 1 hat, value 3s. , the goods of   Henry Hart and   John Davis .

No evidence. NOT GUILTY .

 

786.   SARAH MACKENZIE was indicted for stealing, on the 26th of February , 20 yards of printed cotton, value 10s. , the goods of   Catherine Swan , her mistress.

  CATHERINE SWAN . I am a widow , and live at  Lower Edmonton ; the prisoner was in my employ for about three weeks; I missed a comb from a glass-case in my shop on a Monday morning - I afterwards missed other things out of my shop, and found them hid in different parts of the wash-house - there was no one else to take them; I observed the prisoner looked very bulky - I asked what it was; she said if I wanted to know, I must send for an officer - I did so, and then she pulled out this piece of printed cotton, which I knew to be mine.

Cross-examined by MR. PHILLIPS. Q. Are not her friends very respectable? - A. I do not know; she deceived me by saying the people were going away who were to give her a character.

  WILLIAM GILDERSON . I was sent for on the 26th of February, and found the prisoner there; she had given up this piece of print, which then lay on the floor; I searched her, and found this other piece on her person.(Property produced and sworn to.)

GUILTY. Aged 19.

Recommended to Mercy by the Jury .

Confined Four Months .

 

787.   SUSANNAH MORRIS was indicted for stealing, on the 10th of March , 7 spoons, value 2l. 3s. , the goods of   Thomas Billings , her master.

  THOMAS BILLINGS . I am a merchant's clerk , and live on  Aske's-terrace, Hoxton ; the prisoner was in my service on the 10th of March; I missed a pair of table-spoons, a pair of tea-spoons, a pair of salt-spoons, and one mustard spoon, from the kitchen.

  JOHN RIVERS . I am a watchman. I took charge of the prisoner at the house.

  MOSES SIMMONDS . I was taking the prisoner to the office, and she told me that she had pawned the spoons in Old-street, where they were found.

  JAMES VICKERS . I am an apprentice to a pawnbroker, in Old-street; these seven spoons were pawned by the prisoner on the 10th of March.(Property produced and sworn to.)

GUILTY. Aged 16.

Recommended to Mercy by the Prosecutor, on account of her youth .

Confined Fourteen Days .

 

788.   THOMAS HIGGINBOTTOM was indicted for stealing, on the 27th of March , 1 wash-hand stand, value 20s., the goods of   William Usher Leather ; he having been before convicted of felony .

  WILLIAM USHER LEATHER . I lost a wash-hand stand from No. 30,  Curtain-road ; I was informed it was gone, and ran after the prisoner, who was about two hundred yards from my shop, and took him with it on his shoulder.

  WILLIAM ATFIELD . I am an officer. The prisoner was delivered to me with this property; I thought he spoke rather gruff; I told him to open his mouth, and let it fall out - he opened his mouth, and I found 5s. in it; I found this chisel on him.

Prisoner. I was in great distress.

  WILLIAM ATFIELD . I produce this certificate, which I got from Mr. Shelton's office.

The certificate was here read; stating, that at the delivery of his Majesty's goal of Newgate, on the 23d of October last, Thomas Higginbottom was convicted of stealing I bedstead, the goods of   William Pearson , on the 30th of September; and ordered to be imprisoned and kept at hard labour for one month.

  THOMAS WALKER . I was present at the trial, and know the prisoner to be the same person.

GUILTY . Aged 35.

Transported for Life .

 

789.   STEPHEN COMPTE and   CHARLES WARNE were indicted for stealing, on the 19th of March , certain fixtures, (i.e.) 4 sashes, value 2l.; 3 locks, value 6s.; and 4 screw knobs, value 1s., the goods of   William Easton , and fixed to a certain building .

  WILLIAM EASTON . I have an untenanted house in  Great Manchester-street, Bethnal-green ; I was sent for on the morning of the 20th of March, and missed four sashes, three locks, and four screw knobs; I saw the articles fitted to their places, and saw the prisoners in custody.

Cross-examined by MR. PHILLIPS. Q. When had you seen them fixed on your premises? - A. Some days before - perhaps about a week.

  ELIZABETH VAUGHAN . I live near this house. On the evening of the 19th of March I was going down the street, a little after eight o'clock; I then saw the sashes in the windows - as I came back, I saw they had been taken out; I saw the shadow of a light - I went and knocked at the door of No. 25; Mr. Churchman and Mr. Watson went in, and brought out the prisoners.

  JOHN CHURCHMAN . Vaughan came to me; I went with Watson to No. 7; we rushed in, and saw the prisoners standing in the corner of a room - the sashes had been taken out; one or two stood in the room, and two were in the passage; we took the prisoners to the watch-house - the locks were found on them; two on one, and one on the other; several screw knobs were found on them, and several picklock-keys.

  STEPHEN WATSON . I went with Mr. Churchman to the house; we found the prisoners in the back room.

  THOMAS COOPER . I received the two prisoners at the watch-house - I went to the house the next morning, and tried these locks, which exactly fitted the doors.

  SAMPSON VAUGHAN . My wife gave me information -I went into the street, and assisted Watson to break the door open; I discovered two sashes in the passage and the two prisoners in the back-room - I took Compte to the watchhouse.

  JOHN PERCIVAL . I heard the alarm, and ran out; a man said there were thieves just by - I went, and found they had Warne in custody, and I took him to the watch-house.

  JOHN CAIRN . I saw Warne drop this dark-lantern, and took it up.

  JOHN GARDINER . I went to search Compte, but he took these two locks and other things from his pockets himself.

  JACOB WHITBY . I assisted to take Compte to the watch-house; I afterwards heard these keys drop down the water-closet - I went and picked up these four, two of them are picklock-keys.

The prisoners received good characters.

COMPTE - GUILTY. Aged 16.

WARNE - GUILTY. Aged 16.

Recommended to mercy by the Jury, on account of their character .

Confined One Month .

 

790.   CHARLES SULLIVAN was indicted for stealing, on the 22d of February , 1 handkerchief, value 3s., the goods of   Charles Humphries , from his person .

  CHARLES HUMPHRIES . I am a draper , and was passing in  Liquorpond-street on the night of the 22d of February; the prisoner came up close behind me, and struck against my coat - I felt him raise my coat up, and my handkerchief was taken out; I turned round; no other person was near me - I took up my handkerchief from the ground, and accused him of it; he denied it; I seized him - he used all the violence he could to get away from me; I tore his shirt and coat all to pieces - he drew me along into Gray's lun-lane; I at last got a watchman to secure him - there was no person within twenty yards of me at the time it was taken but a lady, with whom I was walking home.

  JOHN THURTELL . I am a watchman. I was waiting at the corner of Liquorpond-street to cry the hour of nine -I heard something called; I went up slowly to the place, and saw the prisoner and prosecutor scuffling - I went up to them, and the prosecutor gave him into my charge; on the way to the watch-house the prisoner said that two boys took the handkerchief from the gentleman's pocket, and made off.

  JOHN BURNETT . I am an officer. I received the prisoner in charge.(Property produced and sworn to.)

Prisoner's Defence. I had been with some friends to a Christening, and they made me a little merry; I saw this gentleman and his wife - I happened to stumble, and hit against him; I fell in the gutter; the gentleman turned round, and said I had stolen his handkerchief - I said I had not, and I believe I used very violent language - he seized me, as I was violent.

GUILTY . Aged 19.

Transported for Fourteen Years .

 

791.   JOHN SELLERS ,   MATTHEW SELLERS , and   JOHN WATKINS were indicted for stealing, on the 26th of March , 1 shirt, value 15s. , the goods of   Ann Wright .

  ANN WRIGHT . I am a widow , and live in  South-street, Chelsea ; I am a laundress . On the 26th of March I lost a shirt from a line where it was drying; I saw it about twelve o'clock, and missed it about a quarter after four; I saw it the day following at Queen-square Office; I did not know any thing of the prisoners - this is the shirt.

  WILLIAM HENRY EDMONDS , JUN. I saw   John Watkins take the shirt off the line at Mrs. Wright's ground; he put it into Matthew Sellers' apron, and they all ran off in one direction - John Sellers was standing in the saw-pit. close to them, when they took it; I told my father what I had seen; there is no fence round the yard - I think it was between five and six o'clock.

  WILLIAM HENRY EDMONDS . My little boy gave me notice; I pursued and took   John Sellers and Watkins in the cricket-ground; Sellers was twisted up in an iron garden-roller, and Watkins was twisted up in the matting that is round the ground; I said, "What have you done with the shirt, you dogs?" they said, "We know nothing about it;" it was then about five o'clock - I took   Matthew Sellers about eight in the evening, in South-street, where Mrs. Wright lives; he owned, when he was at the watch-house, that he had pawned the shirt in Sloane-street.

  RICHARD MAYBANK . I am an officer. I went to the shop which he described, and found the shirt - this is it.(Property produced and sworn to.)

  JOHN SELLERS - GUILTY . Aged 14.

  MATTHEW SELLERS - GUILTY . Aged 12.

WATKINS - GUILTY . Aged 13.

Transported for Seven Years .

 

OLD COURT.

THIRD DAY. SATURDAY, APRIL 11.

Third Middlesex Jury - before Mr. Baron Garrow.

792.   ESTHER HIBNER , JUN. was indicted for the wilful murder of   Margaret Howse .

MR. ALLEY (on behalf of the prosecution) declined offering any evidence, the facts not differing from the former case. See page 350.)

NOT GUILTY .

 

Before Mr. Justice Park.

793.   MARTHA BARRETT was charged on the Coroner's Inquisition only, with the wilful murder of a new-born infant .

MR. PHILLIPS conducted the prosecution.

  ANN SAUNDERS . I am the wife of   William Saunders , of Three Colt-lane, Bethnal-green, I have known the prisoner two or three years; my daughter lived in the same house with her: I went to the house a fortnight ago, and saw the prisoner - I asked her how she did; she appeared very ill indeed: she said she was very ill, and had taken a great deal of physic; I called next day to see her, and asked how she did - she said she was very poorly indeed - I said, "Mrs. Barrett, I am an old woman, if you will tell me the truth, I will certainly keep it secret."

COURT. Then we cannot hear what she said after that.

  JAMES STONE . I am beadle of Mile-end Old-town. -In consequence of information, on the 26th of March, I went to the prisoner's house; (before that the after-birth of a child had been produced to me) - she was lying on the bed- I asked her if she had not had a child; she denied having been in the family way at all; I questioned her for nearly half an hour - she still denied it; I said I was sure a child had been born - she then admitted having been in the family way, and said she had taken a quantity of savin for the purpose of causing abortion: I told her I was confident it was a full grown child - she still denied having had a child. I made a search, but found nothing; I went on the next morning, Friday, and found Mr. Carruthers there, and made a further search - I searched some garden-pots on the ledge of the window, and in the mould I found a portion of a child's skull in one, and another portion of a skull in another; I searched the fire-place, and found a

number of bones, which were materially burnt - Mr. Carruthers was present: I saw the prisoner again next day - I neither threatened nor promised her any thing; I sat down by the side of the bed, and asked her how she could be guilty of so enormous a crime - she said in order that no one should have a knowledge of it; I asked her if she had cut the child into pieces - she seemed to shudder at the idea of that, and said No, she had cut the child's head off and the body was burnt - I could not tell whether it was born alive, nor did I ask her; she mentioned who was the father of the child; I then asked if he had influenced her in any way to make away with the child - she said No, no one had any knowledge of her being in the family-way, exclusive of herself. On Monday evening she was removed to the poor-house.

  GEORGE EDWARD CARRUTHERS . I am a surgeon of Mile-end-road. On the 26th or 27th of March I was in the prisoner's presence with Stone; she was in a very weak state - I asked her if she had not been recently delivered; her reply was she had not; I gave her to understand that I was a medical man, and pressed her not to conceal it from me: she continued to deny it - I saw the after-birth, and her still denying it led me to apply my hand on the abdomen, and the uterus had not contracted, which satisfied me there had been a recent delivery; she persisted in not having had a child, and I left her - I went again; I had not entered the room two minutes before Stone, the beadle, came: I saw him find in the flower-pots something, which I washed - it was the greater portion of the head of a child - it had the appearance of having been burnt; Stone afterwards searched the fire-place; I took the bones from him - there was one human infant rib: a portion of the bones of an infant thigh, and some small bones which I could not distinguish - I am positive those were the bones of an infant; she no longer denied having a child, and I asked her if the child cried - she said that it did not,and that it fell from her; she then said she had laid the child in a box, and it remained there till the Wednesday night(she was delivered on the Tuesday morning), when she took it out of the box, and burnt it; she said no person knew of her being in the family-way but herself; it is impossible, from what I saw, to state whether it was born alive or not.

GUILTY (of concealing the birth.) Aged 36.

Confined Eighteen Months .

Before Mr. Baron Garrow.

 

764.   JOHN BUTLER was indicted for stealing, on the 25th of March , 1 coat, value 10s.; 1 waistcoat, value 5s.; 1 hat, value 1s.; 1 stock,value 1s., and 1 book, value 6d. , the goods of   Henry Neale .

2d COUNT, stating them to be the goods of   Edwin Neale and others.

3d COUNT, stating them to be the goods of   Jemima Mary Ann Neale and others.

4th COUNT, stating them to be the goods of a person or persons unknown.

  ANN NORRIS . I was cook to the late Mr.   Henry Neale ; he dined at home, and went out; he returned, and went out again; he returned home about half-past one o'clock in the morning - I do not know the day of the month, it was the morning on which he was found dead - he was accompanied by the prisoner; my master was not in a state of considerable intoxication - he and the prisoner afterwards took some port wine in the parlour; I brought some cold meat for the prisoner to eat; after some time it was proposed that he should go to bed - an attempt was made to get him up: the prisoner assisted to lead him; he and the prisoner fell down, and it was arranged that he should sleep on the floor of the room - I brought down some bed clothes, put a pillow under his head, and made preparations for the prisoner to sleep on the floor also; I left the parlour between two and three o'clock - there was no male person in the house except Dr. Dennis; I and the rest of the family went down into the kitchen - we determined to remain up all night; while I was leaving the room the prisoner asked me "At what hour;" I understood him to mean at what time I would call him, and it was agreed that I should call him at seven o'clock or a little after: while we were in the kitchen I heard a noise, as if a person had raised himself, or was going to get up - I went into the parlour at seven o'clock in the morning, and observed that the street door was unbarred; I know it was barred the night before, and the lodgers were in bed - I went to the parlour, and found that wide open; my master was lying in the middle of the floor, on his back, about a yard and a half farther into the middle of the room than I had left him, and he was not on the same pillow on which I had left him - he took snuff, and the pillow I had put his head on the night before was stained with snuff, from the former nights, and the one I found him on was not so - he had laid down in his clothes, but on uncovering him I found his clothes were taken from him, and carried away; his coat, waistcoat, hat, and stock had been taken away - I found him dead; I saw the prisoner next morning, and have no doubt of his being the man.

  WILLIAM YARRLNGTON . I am waiter at the Cock and Lion public-house, Wigmore-street. I know the prisoner- I saw him at our house on the 25th of March, at half-past seven o'clock in the morning; he came in, and had a coat on his arm, and a hat doubled up in his grenadier's cap; he produced two bottles out of his pocket, one full of wine and the other half full; he sat down, and called for half a gill of vinegar, which he drank - he then got up, pulled his regimentals off, put on the coat, hat, and stock, and left his regimentals in my care, promising me that he would be back by ten o'clock for them; he went out at half-past eight, and did not come back - I found him next morning in custody; I took his regimentals to the watch-house, and gave them to the officer.

Cross-examined by MR. CLARKSON. Q. Was he drunk? A. Yes.

  HENRY STOWELL . I am an officer of High-street Police-office. I have a coat, waistcoat, stock, hat, a pair of gloves, and a handkerchief, which I took off the prisoner, on the Wednesday night, when I found him in the Birdcagewalk barracks; I went to apprehend him in consequence of Mr. Neale's death - he was confined in the guard-house- I called him by name, and began to pull these clothes off; he asked what I was going to do - I said to take him back to the barracks; he was a little in liquor, and resisted the clothes being taken off; one of the serjeants said he was in the civil power, and must submit: he then said,"Then I am a lost ruined young man;" I said, "Young

man, do you recollect going home with a gentleman last night?" he hesitated, and said, "No. I went home with no gentleman;" he said he was with three girls in Oxford-street: when I got him to the office I said I took him for the murder of a Mr. Neale last night - he said, "Good God, I murdered no gentleman last night - I can prove where I was;" in the morning he asked me if the gentleman was dead - I said he was; he asked if the Inquest had sat - I said it had not, and told him he had better say nothing about it.

Cross-examined. Q. At what time did you take him? A. About nine o'clock in the morning - he was not sober.

  JANE NEALE . I am the cousin of Mr. Neale. I remember his coming home on the night in question, accompanied by the prisoner; I endeavoured to convey him to bed,but finding it impossible, arrangements were made for his lying down in the dining-room - he laid down in his clothes; Norris alarmed me in the morning - he was found dead, and his clothes gone; I know all these to have been his clothes.

Cross-examined. Q. Was he a married man? A. Yes- his widow is now living; he has two brothers and a child; I believe he made no will - I do not know whether any one has administered - Mrs. Neale was not at home at the time.

COURT. Q. Is her name   Jemima Mary Ann ? A. Yes, my Lord; these clothes were all his.

Prisoner's Defence. The gentleman and I were left together about two o'clock; after resting some time he awoke from his sleep, and awoke me also, about four o'clock in the morning, I suppose; he got up, and asked if I had been absent from my barracks - I said Yes, for two days and two nights; he said, "Do you mean to go back?" I said I did not know; he said, "If you take my advice you will never go back again - you will get severely punished - I will give you these clothes; make the best of your way out of the country, and never come back again." I am as innocent of this charge as of the last.

GUILTY (on the 4th Count). Aged 24.

Transported for Seven Years . (See page 346.)

Before Mr. Justice Park.

 

765.   MOSES JACOBS was indicted for feloniously, unlawfully, and maliciously setting fire to a certain house in his possession, with intent to defraud   Charles Pole , treasurer of the Sun Fire Office Company .

NINETEEN OTHER COUNTS, varying the manner of stating the charge.

MESSRS. BRODRICK, PLATT, and THESSINGER conducted the prosecution.

  JOSEPH DAVIS . I was foreman to the prisoner - he resided in  Phoenix-street, Soho , and had a glass-factory at No. 18; his dwelling-house was next door, (looking at a model), this clearly represents the appearance of the warehouse and manufactory previous to the fire - there is a gateway leading to Mr. Hobson's yard by the side of it, house, a small room next to it, and another small room next to that; the fourth room looked into Hobson's yard - this model is a correct representation of the floor; the counting-house window looked into the street - there was a wooden door, with a little square window by the side of it, leading from the counting-house into the little room; in the partition between the middle room and the room looking into Hobson's yard there was a window, and another window looking into Hobson's yard at the back of the fourth room; that was the state of the premises in February last - I and my wife slept on the second floor, over the counting-house; there was a door leading from the factory to the back of the dwelling-house - you pass from one to the other by a bridge. On the morning of the 23d the prisoner went out about ten o'clock, and asked me for the key, which he took with him, and went away; he returned between seven and eight o'clock in the evening, and called me down to make a fire in the counting-house; there had not been a fire there for about five or six weeks before - I made it myself; there had been no fire there after that; the prisoner put the chips on. I fetched the coals, and be put a lighted candle to it to light it - he then went out, and said "Joe, I am going out for half an hour, mind the fire, and get some coals up," which I did; while he was gone Mr. Phillips came and inquired for him - I said he would be back in half an hour; Phillips came up into the counting-house and wrote a letter for him, which he gave me - master came home, and I gave him the letter; he looked at it, and went out again - he returned about half-past ten or twenty minutes to eleven o'clock; I was sitting by the fire, and as he was so late, about half-past ten o'clock, I put it out, by pulling the ashes from under the grate with my hands; I hollowed the fire out - from the grate. and I put it under, put the ashes over it, and my wife threw water on it, to take care that it was out; I went down in a quarter of an hour afterwards to see if it was all safe, and it was, there was not a spark; we had a fire in our own room that day, but I put it out directly I put his out - I make it a rule every night to put my fire out; my wife went to bed, and I sat up with a lighted candle in my bed-room till master came home; I took the candle away down to the counting-house when he came home - no part of my fire was in then; there was only one lighted candle in the building, and that was the one I had - there was no fire lighted any where in the warehouse that day, except the place I have mentioned; master let himself in - I came down stairs and went into the warehouse with a light for him; he then asked me to go to his brother-in-law Hart, in Holywell-street - before I went out the prisoner lighted his candle, and I put mine out by wetting my fingers - I know nothing of there being a light in the house then, except the candle Jacobs had; it is my firm opinion that there was no other light; I started for Holywell-street about twenty minutes or a quarter to eleven o'clock; when I was going the prisoner brought the candle in his hand to the warehouse door, and asked me if I could see my way down stairs; I told him I could, and said if he would he so kind as to give me the key I would let myself in when I came back; he said,"I shall he here when you come back" - he had nothing to do in the warehouse that night to my knowledge; he never slept in the warehouse - I went to Holywell-street and delivered a letter; I returned from there to the warehouse - I was gone about half or three-quarters of an hour; when I returned, I found the warehouse and factory all in flames, through the first-floor window, the counting-house window, which was under my bed-room; I saw no flames in my bed-room then - on the Sunday

before the fire the prisoner sent me to Mr. Norton's, his solicitor; the fire was on Monday - he sent me about a fortnight before the fire happened for three pints of turpentine and a pint of linseed oil; I had it in a stone bottle; the oil was in a different vessel - turpentine is not used in the manufactory of glass, nor is oil - he did not say what he wanted it for; when I got it he put it on a board in the warehouse, next to the counting-house - on the Friday before the fire, I perceived a smell of turpentine; Jacobs was there, and he said, "I have been a d - d fool. I have been throwing the turpentine about the room like water;" I had said before that."Hey, hey, what is this?" and on the Saturday he said,"Fetch another quart of turpentine;" I fetched it in the same bottle, and put it in the same place as the other - whether it remained there I cannot say.

Q. When you smelt it, could you discover whether any thing was sprinkled over the floor? A. I could not tell; it was not usual to sprinkle the floor with any thing - there had been no work going on at the factory for more than a month, but I cannot state the exact time: on the Sunday before the fire, I remember some cut-glass tumblers, decanters, and other things, being removed from the warehouse to the dwelling-house in a large basket - only one basket full was taken out that day; we took two or three out a fortnight or three weeks before - he took them into the private house, over the bridge, into the dining-room; there is no shop - people come on business to the warehouse door and see the goods in the warehouse; I cannot say what was done with the goods in the dwelling-house - some casks of potash were taken away, we use that in the manufactory; were removed about a week before the fire; there were six whole casks, and one three-parts full - they were sent to Mr. Whitehouse's wharf; there had been none sent before that time - I suppose each cask weighed 4 1/2 cwt., or 1/4 each - nine casks of cullet were sent away to the same place,(that is broken glass) each cask would contain 6 or 7 cwt., according to the size of the cask; I do not know what the value of that was - I have pawned goods for my master three or four months before the fire, and I redeemed part of them.

Cross-examined by MR. ALLEY. Q. How long is it since your master came to live in the house? A. I suppose six months, or three-quarters of a year; I have lived with him three or four years - the brick-wall of the house was run up before I came to him - he had to do the inside, and paint and plaster: the paint and some of the woodwork had not been finished - he was about completing that: turpentine and oil are used to make paint - he employed a painter and found the materials; I did not state at the office that there had not been a fire in the countinghouse for six months, nor that only ten casks were removed; they were moved in a cart without concealment; I believe he was going to move to Birmingham, but cannot say that: the pot-ash was good, and would not spoil the glass; there is no communication from the warehouse to the dwelling-house except across the draw-bridge, which crossed a yard - it was made of wood, and led from a door of the warehouse to a door of the house; I did not apply to Messrs. Pellatt and Green to buy the pot-ash - I applied to them about pots; my wife had a cough; she very seldom had a fire in the bed-room, for we had no coal nor money to buy any; my bed was about a yard from the fire-place; I am quite sure I put the fire out - I took the cinders quite out of the grate in the counting-house, put it clean out, and put water on it - I am positive I put both fires quite out; and I raked the ashes out of the fire-place in my own room, to the best of my knowledge.

MR. PLATT. Q. What pots went to Pellatt and Green's? A. That was before Christmas; they had been used in business; they were made of clay - there were twenty-one of them: I believe my master sent me to ask if they wanted any, as they had such bad luck with theirs; they agreed to buy them - he was to have five guineas each for them; he was to have glass for the money - they are used for melting glass; there was no painting in the warehouse except the counting-house. that had been done some time before the fire, when they did the dwelling-house, and was quite finished two months before; I cannot say whether the house was finished; I had not seen the painters there for a good while before the fire.

COURT. Q. Had you seen any about the time you bought the first turpentine? A. Not at all.

MR. PLATT. Q. Do you remember the name of the man who painted the premises? A. No; I had lived in Phoenix-street three or four years, ever since it had been built - it then belonged to the prisoner's father; I was in his service at first - he left in about a twelvemonth; they were going to lay the floors of the warehouse when I first went; the shell of the dwelling-house was then building - it was not finished when the father left; the work then stood still for about a year and a quarter, or rather more - then the prisoner and old Isaac Jacobs carried on the business together - they were not related; I believe they began on the 1st of November, 1828, and in about a month Isaac left; the business has not gone on since, but I remained there till this happened; I sometimes had 15s. a week, sometimes only 6s. or 7s., but for the last two months I believe I had 10s.; I went on errands, and cleaned the pipes.

Q. On Monday, the 23d. what goods were in the warehouse? A. None at all; on the Sunday before, what little were left were taken out of the yard, and put into the little room which looks into Hobson's-yard, and he ordered me to bring a door down from the next room to mine, and put it up against the window of that room which prevented people from seeing in - the goods there might he worth about 50l.; they were common things - I cannot say what was in the middle room, for it was locked up.

MR. ALLEY. Q. Are you positive there were no goods in the warehouse on the Monday? A. Yes; for we put them all into the little room, which is on the same floor as the warehouse: the door was not put up in consequence of glass being broken, there was not a square broken.

COURT. Q. Did that window look into any opposite house? A. No; only into the yard; a person in the yard could not see into the room unless they went up a flight of steps.

  SARAH CALBRADE . I live in Crown-street, St.Giles; the window of my room looks on the back-door of the prisoner's factory; I can only see part of the bridge from my window - I can see the door of the factory perfectly. On the night of the fire I was in bed, about a quarter to eleven o'clock; I heard a person go over the bridge rather

quick, to the factory door; he knocked very rapid at the door, and said, "Mrs. Davis, get up.' I thought it was the prisoner's voice, I have frequently heard him speak; but in my fright I cannot be certain it was his voice; the knocking and calling was repeated a second time - I got out of bed, threw the window open, and just saw the prisoner go from the door across the bridge; as far as I could see; I saw a man on the bridge - I said, "Good God! what is the matter?" he made no answer, but looked up towards me, and was gone; he came from the factory, and went into the dwelling-house - I am certain he heard my voice - I saw no smoke at that time, but smelt something all in a minute, as if it was turpentine or new paint; the place being newly painted, I thought it might he that -I called out Fire! two or three times as loud as I could; I called up my husband, went to the window again with him, and then the smoke was coming from the back part of the premises, whether it was from a window or not, I cannot tell - I saw the smoke not five minutes after I saw the man; I went to call my next door neighbour up, and when I came into the room I saw the flames, which came apparently from the back of the factory. on my side, not in Hobson's yard - I did not stop to look at it. the smell was so very powerful, and the room being full of smoke I was obliged to shut the window, and go into the next room.

Cross-examined by MR. ADOLPHUS. Q. You could not distinguish the face of the man? A. No; he only spoke twice - it was like the prisoner's voice.

  MARGARET CUDMORE . On the night of the fire I lived opposite the prisoner's factory. I was going to bed about a quarter to eleven o'clock, and heard a female cry Murder! loudly - I opened the door as fast as I could, and saw Mrs. Davis in the second floor window, lying over the window; she was in something very light, or white, seeming like bed-linen - I heard her cry before and after I saw her; I saw no smoke in that room - I observed at that time, in the counting-house, under Mrs. Davis's room, a great flame and smoke; I could see into the counting-house, but not through it; at the same time I saw Mr. Jacobs' female servant standing in the street, with his two children in her arms; they were dressed in some light clothes - I cannot tell whether she had her clothes on - I gave an alarm, as no alarm had been given; there was nobody in the street, except the servant -Mrs. Davis was calling out of the window - the watch man came, and went for the turncock - I saw the prisoner about an hour or better after that; he asked if I had seen Mrs. Davis, or if Mrs. Davis was with me; I answered, "No, Sir; she is burnt, and you know she is burnt;" he said nothing to that - I saw the fire coming out of the counting-house window, and after that I saw smoke coming out of Mrs. Davis' room window; the floor of her room was burning; I saw it fall afterwards; I could not see what became of her - I heard her crying after I ceased to see her. On Friday night, the 20th of February, between seven and nine o'clock, I saw some barrels removed from the cellar of the factory; it was two hours being done - they were put into a waggon with a crane, and appeared heavy; I had seen a few goods removed before that, but did not take notice of it.

Cross-examined by MR. CLARKSON. Q. You did not think it an extraordinary time to move goods? A. No, because I had frequently seen it done as late, when they were at work; Jacobs' servant was standing in the coach road, with the children - I did not see flames in Davis' room for a quarter or half an hour after I saw her at the window. I know Rose, the fireman of the Phoenix, he was not there till he was sent for - I was the person, who alarmed the watchman; a little hand engine came first - this was about a quarter of an hour after I saw the fire; I saw no ladder at Mrs. Davis'; window - I staid at my door till she left the window; a ladder was placed there, a good while after I got to my door, but where it came from, or went to, I cannot say; I saw it, and that was all - it was ten minutes or a quarter of an hour after I saw the fire in the counting-house; Mrs. Davis was gone from the window before I saw the ladder. but I could hear a faint voice - there was no engine there then, unless it was a little hand-engine; the fire had burst out of the counting-house window before any engine came, except the hand-engine - I heard the counting-house window break - whether the ladder or the fire broke it I cannot say; I did not see the prisoner at that time.

Q. Will you venture to swear, that at the time you saw flames coming from the counting-house window, they were not at the same time coming from the window of Davis's room? A. That I swear; I see Mrs. Bailey every day, and may have talked to her about the fire.

MR. BRODRICK. Q. When you saw the fire, was there a good deal of smoke? A. Yes. a great deal of dark smoke, so that I could not see the window, except the flames.

  WILLIAM ALLAM . I live at No.3, Phoenix-street, and am a smith. I was alarmed on the night of the fire, about a quarter or ten minutes to eleven o'clock; I was dressed; I came out of the house, went to the warehouse-door, and saw a fire in the counting-house - there was no light at that time in the room above, Mrs. Davis was at the window of the room above, which was open, and a little smoke coming out, but no such great deal - I heard her shriek in distress, but what she said I cannot say; I tried to force the warehouse-door; two other persons assisted me, but we could not succeed - I helped several other persons to force the gates of Hobson's yard open afterwards, and succeeded in getting them open; they are under the counting-house window; and when we got them open, I observed something combustible flying from the counting-house floor, or the roof of the gateway, but what it was I could not see - there were cracks, and some holes in the boards; one hole was burning; and one hole enabled me to see through the floor into the counting-house; I observed fire, like rags, as if they had been lying there some time, simmering away; they were not in a flame, but red; I went through the gateway into the yard, and stopped on the ground, just looked round, and saw the prisoner; he came running in from the street - I said,"Mr. Jacobs, have you got the old people out?" meanin Davis and his wife; he said, "If the old people are out, I do not care any thing about the premises;" I returned, and went to the staircase of Mr. Hobson's workshops; I went about half way up the stairs, looked straight forward, and saw part of the three rooms and the

counting-house, and they appeared in one whole sheet of flames; I saw flames running along in different parts of the room; it was different colours, but what it consisted of I do not know - there were no flames in the second floor at that time; I am sure if there had been I could not have failed seeing them. from the situation I was in - I afterwards came down, went under the gateway, and there was still more of that stuff flying from the roof of the gateway; it appeared of some combustible material; it was on fire; it fell in drops, rebounded, and scattered - it did not appear like wood in flames; I passed through into the street; on arriving in the street, Davis' room was falling in - the roof was all falling in; this was in an hour and a half or two hours after I had been on Hobson's stairs - I had assisted to raise a ladder to the window before I went into the yard; it was not raised to Davis' window, but to the counting-house window first, and then nearly to the centre of the brick work, between her window and the counting-house, but was not long enough to reach her window; when the ladder was put there, Mrs. Davis fell back; several assisted me in putting the ladder there - I do not know who they were; I saw smoke coming from the house - it seemed a black smoke.

Cross-examined by MR. CLARKSON. Q. At what time did you go to Hobson's stairs? - A. I cannot say exactly; I assisted in raising the ladder before that - I do not know whether the prisoner brought it out; I cannot say where it came from; a person went up the ladder, and came down.

Q. On what part of Hobson's steps were you when you saw the fire all along the floor? - A. Near the centre; I do not speak of seeing the counting-house floor while I was there; I said the rooms appeared in a whole sheet of fire, but not that I saw the floor; Hobson's steps are covered over, but I could see from them; the covering is not all over them; I could see the window, and see whether the room was on fire or not; there was no fire on the second floor; I say the flames were all along the room, from the; counting-house - I saw no fire in Mrs. Davis' room then; I could not see the floor of the counting-house or warehouse from the steps; I saw it underneath.

JURY. Q. Was there a plastered ceiling to the gateway? A. No.

MR. CLARKSON. Q. Point out the exact spot at which you saw the fire running? A. I stood under the gateway; Hobson's stairs are not in this model; the fire ran along the ceiling of the counting-house floor; the combustible matter fell under the gateway like a shower of hail - I cannot say whether it was glass melting; I never saw melted glass; the place I saw the fire running along was underneath this flooring - it looked like a train of gunpowder; it is only the floor and joists - when I say it ran along the floor, I mean underneath as well as the top; it was under the boards, which are the flooring; when I say boards, I mean flooring-boards; the flame ran under the boards, among the joists.

Q. Now on your oath could you see underneath the boards from Hobson's staircase? A. I could see it where I was; I do not mean to say I was exactly on the centre step - I had, before that, seen flames from the counting-house window; it was broken with the ladder, and they burst out; I did not see the prisoner with the ladder-when I saw him in the yard he looked rather flurried, but not much; I did not see him do any thing to quench the flames; I was there within two minutes of the alarm - I stated before the Magistrate that I thought I heard a hissing; I could not tell exactly where it was, or when; I could not tell whether it was the hissing from the stuff that fell from the flames under the gateway - I was under the gateway when I heard it; I cannot say whether the second floor had been separated into two rooms; Davis' room is in front; Hobson's stairs are behind - I could see the flames from the counting-house and, warehouse, when in the yard; I could see right through: the partitions might have been burnt then.

JURY. Q. Are the side of the steps covered over? -A. No; they have a sort of hood.

  WILLIAM WALTON . I am a turner, and live in Crown-street, St. Giles'. I was alarmed on the night of the fire, about a quarter to eleven o'clock; my room looks on the glass-house - my premises run back to the extremity of the glass-house; I first heard the springing of rattles, and screaming of females - I ran up stairs, and saw the back part of the premises adjoining the glass-house on fire: after that I went in front into Phoenix-street, and saw no fire there, but a quantity of smoke; I returned to my own house, and informed my lodgers - the flames were still burning at the back; I first perceived them from the roof of the warehouse behind; I went into Phoenix-street again, and saw flames break from the second floor, from Davis' room - there was a very great smoke, such as I never observed before at any fire I have seen - there was no particular smell that I observed; I have frequently seen fires before - it was about ten minutes after I observed the flames at the back that I saw them break out in front.

  SAMUEL COLLINGTON . I am an oilman, and live in Great White Lion-street, about three or four streets from Phoenix-street. The neighbourhood was alarmed, and I went to Phoenix-street - I got there about eleven o'clock, and saw a great smoke; I opened the small door in the great gateway, and with the assistance of others we forced open the great gates; I saw all over my head a round hole, which appeared like a ball of fire like a star - I was cautioned to take care of the stuff which was falling through, but I did not observe it; there was a great light in the yard - I did not go through the gateway, only just within the gate; I then went to break open the warehouse door next to the gateway, and got it open with assistance - I saw the staircase on fire, burning upwards; that was the staircase opposite, at the extremity of the house; as I entered the door, the back part of it was burning - that was the farthest part from me; I saw no other part of the house on fire then; I came out again in about ten minutes, and saw it break out in the counting-house window (the stairs are at the back of the house) - there was no connexion whatever between the two fires; when I came out of the passage, some boys ran in - some persons swore at them, and told them to come out, and somebody shut the street door; I do not know who it was - I do not know the prisoner: I do not recollect seeing him there; when the flames broke from the first floor window, I observed that they gave a round turn, and went up to the two pair - before

that I had seen no fire on the second floor; the smoke was apparently black smoke, and there was a very unpleasant smell; my opinion at that time was, that it proceeded from turpentine, as if there had been turpentine thrown over the building - it struck me so by the blackness of the smoke, and by the smell; I staid there for an hour I suppose.

COURT. Q. What distance do you suppose there was between the two fires, the one on the staircase, and the other in the counting-house? A. Full six yards of clear space.

  ESTHER BAILEY . I am the wife of   John William Bailey , and live at No. 4, Phoenix-street; he is a carver and gilder. We were sitting at supper, about a quarter to eleven o'clock, and were alarmed by the fire; I went to my room window, and could see Mrs. Davis' window- my window faces her window - I saw her crying loudly for assistance out of her window; she appeared undressed, as if she had come out of bed - I did not see the light of fire in any part of the building, but in a very few minutes I saw smoke coming out of Mrs. Davis window; I did not see any light then, but in about five minutes I saw fire on the first floor, in the counting-house window - the next thing was a report going off, and something flew out of the window; I did not see the flames come out of the window before then - they immediately followed the report; Mrs Davis was not to be seen then - she had disappeared from the window about three minutes before; the smoke was very dark and black, and the flames were various beautiful colours, and there was a very remarkable smell; I never left my window - I saw the gates open after the flames had burst out, and I saw something fall from the counting-house down on the stones of the gateway - it appeared something of substance, and they were various colours; I had observed a light in the counting-house about half-past eight that evening - there was a blind to the counting-house window, which was quite unusual; the light appeared to me to be some person walking about with a candle - I cannot tell what the blind was made of- I saw the light again in the counting-house, about half-past ten o'clock; it was moving about.

Cross-examined by MR. CLARKSON. Q. How long before had you seen the blind to the window? A. About there weeks or a month; I saw Mrs. Davis at her window directly I looked out - there was smoke coming out of the window directly she threw it up: I never saw glass in a state of fusion - I did not see a ladder against the window at any time.

  JOHN EALES . I live at the corner of Stacey-street, which joins Phoenix-street. The first thing I heard were the cries of Mrs. Davis; I went into Phoenix-street, and saw nothing but smoke issuing from Mrs. Davis' window - I saw no flame at that time; I assisted in breaking open the gates into Hobson's yard, and the first thing that drew my attention was, a hole burning in the ceiling of the gateway; I saw something burning dropping from the hole - it was burning stuff, and appeared to be of some kind of combustible nature, for it burned very rapid and very brilliant as it fell - it was rather blue from the droppings, and at other times the colour of flame; and as it burned down there was a smell and smoke - it smelt something like a gas-pipe, very naunseons; I did not see any flames in the passage before I saw those in the gateway - I did not see the street door broken open; I was near the gates at that time; the first flames that I saw came out of the first floor, over the gateway.

Q. Did you see any flames from the bed-room window, over the counting-house, at all? A. I saw no light there whatever, nothing but smoke; I saw the ladder raised, and saw a person go up the ladder - it was not the prisoner.

Cross-examined by MR. CLARKSON. Q. Before you saw any flame did you see smoke come from Davis' room? A. I did, a trifling smoke, before I went to the place, as I looked out of my own window.

MR.   APSLEY PELLATT . I am a partner of the house of Pellatt and Green, St. Paul's-church-yard. The cullet in question, on examination, I should consider worth about 16s. per cwt.; it is broken glass, or partly fused - it is used to manufacture glass: pot-ash in the rough state is worth about 38s or 40s per cwt.: our house bought some pots of the prisoner - I think them worth about 3l. 10s. to 4l. each.

Cross-examined by MR. CLARKSON. Q. I am told the best ash is worth only 27s. 6d.? A. That is far under the present value - I thought I was asked the present value; in the early part of February I should think it was 28s. or 30s. - the cullet was the same as now.

  GEORGE ROSE . I am a fireman to the Phoenix-fire-office. I was at the fire on the night in question: I got there about a quarter or ten minutes before eleven o'clock; mine was the first engine there - I live within two hundred yards of the place; I was employed with other people in getting my engine ready, which took ten minutes or a quarter of an hour - when I first got there, there was no fire to be seen at all, but a great quantity of smoke issuing across the street; I had a very bad cold, and did not smell any thing - I observed the flames break out from the first floor, over the gateway first, and immediately after that from the second; I was just screwing my branch on as the flames came from the window - I worked the engine; I saw the prisoner there as soon as I got into Phoenix-street, before I got my engine ready; he asked me to render all possible assistance; I told him I would - he wished me to bring the branch through the passage of the dwelling-house, to save that from getting on fire - I did so, and threw the water into the side of the door-way of the warehouse to the wooden bridge; the dwelling-house was not the least injured; he came to me a second time in about twenty minutes, and assisted to take the house through the passage; I have examined the premises since.

Cross-examined by Mr. ALLEY. Q. He did every thing he could to assist you to put the fire out? A. I considered so; mine is a small engine - it arrived before the flames burst out; I thought the dwelling-house in danger: my engine and another were at work on it for an hour.

MR. BRODRICK. Q. When you got there was there smoke? A. Yes, a great quantity, issuing from the premises; I did not get to the back till my engine was ready- I saw fire dropping through the flooring under the gateway.

  MARY HALL . On the night of the fire, I bad occasion to get some beer for supper - I went for it at a quarter before eleven o'clock; my husband was out very late, and

feeling very faint, I thought I would go and get half a pint of beer before they shut up, which is about eleven or half-past - the public-house is at the corner of Phoenix-street and Crown-street; on returning, at the right-hand side of Phoenix-street, on the opposite side to these premises, I observed the prisoner, who I knew before - I saw him coming from the left-hand side, up from Stacey-street; he was on the opposite side to the premises - he went into his own house; he was looking across, whether at the factory or his own house, I cannot tell, but he was looking up-he was in the road when he looked up, and then he went to his own house; he did not knock at the door, nor did he unlock it, but went in immediately - he ran us fast as he possibly could from the corner; I went immediately into my laudlady's room, then went up stairs - I was opening my own room door, and heard the shrieks of a woman.

  WILLIAM LONDON . I am a Sheriff's follower. I was put in possession at Jacobs'; on the night of the fire I went in near eight o'clock - I went into the back parlour of the dwelling-house, and some time after I had been there I saw the bridge which leads from the dwelling-house to the factory; I saw the prisoner that night between ten and eleven o'clock - he called his son out, and the door was shut; I think that was about half-past ten-his son is about twelve or thirteen years old; after he had spoken to his son he left the room I was in, and his son went with him; I heard footsteps on the bridge - the prisoner came to me in the back parlour, and said the premises were on fire - that might be four or five minutes after I heard the footsteps on the bridge; I assisted in getting a ladder out of the Back yard of the prisoner's premises - I did not assist to put it up; I went out at the front, and saw the ladder was up, and a person on it, who I thought was the prisoner, but could not be certain: my execution was for 90l.

Cross-examined by MR. CLARKSON. Q. Was not the prisoner's wife at this time confined to a sick bed? A. I heard so, but never saw her; the ladder was brought out to save a woman, who they said was in the house - he appeared anxious to save her, and, I believe, used all the means he could to save her, and to get the fire out; he sawed part of the bridge to prevent its coming to the dwelling-house: I think I saw the hose of the engine in his hand - I had seen no flames when he was getting the ladder out, but my business was to take care of the goods, and I did not leave the premises or go out of the street door; I stood on the step, and looked out - if there had been flames when the ladder was raised, I think I must have seen it.

  THOMAS LAWRENCE . I was at the fire when the ladder was raised; I do not know who went up - I went up, but some other person went up before me - whether it was the prisoner or not I cannot say.

  CHARLES HAWKINS . I am a publican, and live in Crown-street. I assisted in breaking open the great gates of Hobson's yard, and observed in the roof of the gateway a liquid flowing from the ceiling - it was about a yard and a half from the ceiling, and there was a hole in the ceiling, through which was a great illumination: I had not then seen any flames in the front of the building - I did not help to raise the ladder; I saw people raising it - that was before I went under the gateway - I saw a person on it; I assisted in breaking open the warehouse door, after I had been under the gateway; I looked up the passage of the warehouse, and observed the staircase on fire - I saw that when I was in the street, and in the passage; I did not perceive any flames in the front part of the building at that time.

Cross-examined by MR. ADOLPHUS. Q. You merely say you did not see any fire in front? A. No; there was smoke from the second floor - it came from the first floor, but covered the window of the second, so that it could not be told which it came from; I have seen similar lights drop from a lamplighters'link.

Q. Do you mean the flame was a yard and a half long? A. It was a drop which brought a flame with it; I never saw metal in a fused state.

  JOHN BURKE . I am a watchman. Mr. Cudmore alarmed me on the night of the fire; I went into the private house, and saw the prisoner - I assisted in bringing a ladder out of the yard; he asked me to assist him with it - I assisted in raising it; I cannot say whether he joined in raising it, for there was such a smoke; I did not see the woman at the window - the ladder fell on me when I was attempting to raise it; it was too short to reach the window - I tried to open the street door of the factory, but could not.

Cross-examined by MR. ADOLPHUS. Q. It wanted very little of reaching it? A. Three or four feet; I did not see the prisoner for some time after that - I cannot say whether he was there when I tried to force the door.

  JOHN KELLY . I am a gun-maker. I was at the fire on this night - I broke the street door of the factory open, and saw the stairs on fire on the side, four or five stairs up, on the left-hand; before I went in I observed the second floor was on fire - I did not observe any other part till afterwards- the stairs were on fire on the top part as well as the side; I mean the top of the first floor stairs - I saw that at the same time as I saw the side on fire; I did not go into the passage, I only looked in, and the door was shut: there was a cloud of smoke broke out from the first floor window over the gateway - that was after I had seen the fire in the second floor; I saw that before I broke the door open - it was just a little of it coming out; I could not tell whether there was any connexion between the two fires, as I did not go inside; I did not stop after the smoke came out, for I was almost suffocated.

  HENRY DAVIS . I am an artist in fire-works. I saw the fire on the evening it happened; I was there before it' broke out - when I came opposite the warehouse, I saw a smoke in the room over the gateway on the second floor; I did not see any body there - I saw no light there; I saw the first light in the lower room over the gateway - I had looked under the gateway before that; the fire came out of the floor boards above the gateway, and burned through, it was like charcoal; a small space of the gateway was open then - the fire appeared to be stronger on one part of the floor than another; I have seen many houses on fire before, but never saw so black a smoke any where else, to my knowledge - I noticed nothing remarkable in the flames.

  SAMUEL CRABB . I am a workman to Mr. Hobson, and live in his yard. I was alarmed by the fire, at a quarter before eleven o'clock; I could see the part of the premises that were in the yard, from my window - I first saw the fire on the first floor over the gateway; I observed the flames burn in this kind of way. (putting his hand out) -

I have seen goods removed from the premises from time to time; I do not know that I saw any moved for six weeks or two months before the fire.

  ROBERT EDWARD STOREY . I have been a fireman thirty-seven years; I have seen the premises since they have been burnt, and have seen them compared with this model; the stairs on the ground floor are gone - they lead from the ground floor to the first floor; some of the stairs, leading down to the cellar are left - the upper ones are more burnt than the lower ones; there is a door on the top of the stairs, leading from the cellar to the ground floor, that door was burnt on both sides, and the door standing open; there were marks of the fire on the floor of the passage by the stairs, and a great many marks of fire near the top of the stairs, and the passage leading from the street to the manufactory - there was a door, leading into the re-weighing-room, which was very much burnt on the street side, but the inside of the door was not burnt; (looking at the model) here is the counting-house there are boards now remaining in front of the fire-place in the counting-house, there are nine feet; the fire-place before the holes are burnt through; the surface of the boards near the fire-place are burnt but very little; the floor of the room, looking into Hobson's yard, is all burnt except the joints - several holes are burnt in the floor of the room, between that and the counting-house; there is a brick wall from the ground, forming one side of the gateway - the fire on the under part of the floor, by the staircase, has burnt holes through; the greater part of the fire seems to have been below it.

Q. That is the front ware-room, over the stairs? A. Yes; there are several other marks of fire on the first floor, and in other places - they are scorched, but in many parts they are burnt through; I have preserved two hundred and thirty-five feet of the floor of the second flooring, which is not burnt through - the under sides are burnt, but not the upper; the fire must have been below on the first floor and not on the second; I took the boards off the joists myself, and have had the care of them ever since - here is one of them (producing it) - I observed the grate in the counting-house; the cinders were most of them under the grate, and the others in it - I did not notice Davis' bedroom grate; none of the second floor remained except the joists.

Cross-examined by MR. CLARKSON. Q. You say the fire must have happened on the first floor, because the upper side is not burnt? A. Yes; it must have commenced in the lower room - the boards forming the second floor remained on the joists; I broke them off two or three days after - two hundred and thirty-five running feet of flooring boards were left, eight inches wide. I was present at the fire; I did not see the second floor fall - I saw only half of it down - the other half remained: we were prevented from taking it down till the bricklayers had lowered the wall: I remained in care of the premises till the 12th of March - I did not observe the grate of the second floor; I noticed the first, as I heard reports that the fire originated in the counting-house, and it was said the man did not rake the fire out. The remains of the deceased woman were found over the gateway; the spot was pointed out to me.

Q. Must she not then have fallen through from the second floor? A. She might have rolled off, as every thing on the second floor must, as the joists gave way, and the floor laid slant; the part that fell was all burnt, more or less - part of the boards are here, but they were burnt enough to let the body fall; I did not see the whole joists, and cannot say whether they were burnt more by the bed than else where - I believe it was, but that part was moved in my absence; I did not go there to survey.

MR. BRODRICK. Q. Are all the boards you have brought of the second floor burnt underneath, like the one produced? A. They are, and not burnt above.

MR. CLARKSON. Q. Did you see any part of the bedstead found? A. No, I saw the screws of it - when I took away the second flooring, it was slanting: if they had fallen on the embers of the fire on the first floor, they would have been in the same condition.

MR. BRODRICK. Q. Are the joists of the second floor burnt more underneath? A. Yes; the greatest weight on the second floor was on that part of the joists where the bed was, and had given way - there were a quantity of iron tools there.

  JAMES YOUNG . I am an officer of the Court of Requests. I had some warrants to execute against the prisoner the beginning of this year; I remember the night of the fire -I had been on the premises the Saturday before; I went into the warehouse, and every part of the warehouse except a room which was looked - I could discover no sort of property of any kind in the warehouse; I went to the premises again on the Monday of the fire - I went into the warehouse and counting-house also; there was a little room behind the counting-house, I could not get into that; there were two doors to it, one from the counting-house and one from the landing - they were both locked, and a square of glass was broken in the door leading to the counting-house, and a pasteboard against it; I removed that, and there was a quantity of baskets in the little middle room -I could only distinguish one to move it, that was empty; they were a sort of package hampers; I moved one to have a clear view inside the room - it partly afforded me a clear view into the room, but I could see no other property but the baskets; I went into the weighing-room on the left hand - I did not notice the rooms on the second floor; I saw in the inner room on the second floor some implements used in blowing glass made of iron; I saw no stock of any description on the premises; I have the warrants here, they are signed by the register.

Q. When you moved the baskets, could you observe whether there was a window on the other side of the room? A. Not from there, but I went round the other side: on the landing, there was a square of glass broken in the door - I looked through, and discovered some boards against the window of the middle room, which was between that room and the one looking into Hobson's yard.

The warrants being read, were to levy for the sums of 1l. 2s. 10d. and 1l. 9s. 10d.

Cross-examined by MR. CLARKSON. Q. There was a window broken? A. Yes; the boards were against the inner window; my warrant was not to seize the goods - but on a general view, the place appeared to me empty; there was a quantity of old harness, and a quantity of made-up glass in this room on the Thursday; I swear the warehouse appeared quite cleared out, and there were no goods in the counting-house; the warrants were for disputed wages between the prisoner and his partner; the middle room appeared full of baskets, about breast high; I cannot tell whether they were full or empty except one.

COURT. Q. Supposing them empty, what was their value? A. I should think about half a crown each.

  JOSEPH COLE . I am superintendant of the district beadles of St. Giles' parish. I have been in this house, it is in St. Giles' parish; I was present at the Coroner's Inquest, at the Guy Earl of Warwick public-house, Belton-street, on Mrs. Davis - it sat till ten o'clock at night; after the verdict was given I left the Jury room, and went inside the bar - the prisoner came in just afterwards; a person named Genese was there; when the prisoner came in he sat down by him - Genese nudged the prisoner by the arm, and said "Go;" I saw that; I knew Genese when I saw him; I went out of the bar, the prisoner followed me, and beckoned to Genese to follow him; I said,

"Mr. Jacobs, if I were in your place I would not go away;" he said, "I am not going, I am going to speak to my friend;" and stepped on one side - they turned round the corner, up Vinegar-yard, and walked about half way up together; I did not follow, but I could see them, as there was a gas light - and when they got about half way up, Jacobs ran away from Genese as hard as he could; I immediately went up through Bowl-yard into Broad-street, and saw Jacobs coming out of Lascelles-place at a very quick pace - I ran up as hard as I could - he crossed over by the coach-stand, and I lost sight of him; I went as far as Museum-street, but could see nothing of him; I went immediately turned back, and in returning I saw two cabriolets coming along at a great pace- I called to the first one to stop, it stopped; I looked into it, a gentleman was in it, but it was not the prisoner - and immediately after another came up at full gallop - I stooped it, and Jacobs was in it; I got on the step, and said,"Mr. Jacobs, I want to speak to you;" he begged of me not to stop him, as he was going off to his solicitor, he wanted him to see the Coroner before he went away; I said, "I want to take you to see the Coroner, the Corner wants to see you;" I took him out of the cabriolet; I had got hold of his arm as I was going along, and he begged of me to let him go, but I kept hold of his arm; nothing passed till we got to the house, and just as I went in at the door with him, we found Genese was sitting down in the bar - the Jury and Coroner were coming out; I told Mr. Stirling, in the prisoner's presence, the manner he went away, and he advised me to take him to the watch-house.

Cross-examined by MR. CLARKSON. Q. Did he tell you who his attorney was? A. Mr. Norton, of Jewin-street, he was going that way; I did not hear any reporter come out and advise him to go for his attorney; the verdict had been delivered.

MR. THESSINGER. Q. Was the prisoner present during part of the Inquest? A. I believe so.

HERBERT SPRING. I am a clerk to Whitehouse and Son, Wharfingers, of the City-road. On the Wednesday previous to this fire, the prisoner came and inquired the rate of carriage for cullet to Birmingham; he said he wanted us to take about five ton; I could not inform him then - he called again, and we were to fetch the goods next day; he was afterwards to call to see them weighed and direct them; he said, that when he was at Birmingham he was going to barter them for a large quantity of glass, which we should bring back; we sent for the goods next day, and sixteen casks came; it was on Thursday or Friday before they had all arrived; one of the carmen brought me this note (producing it); since the fire an order has been delivered to us for the goods, but we have kept them; they remain without direction.

Cross-examined by MR. CLARKSON. Q. How long have you been in the habit of carrying for him? A. Eight or nine years, I believe; I have only been there four years; we have carried goods for him, on and off, during that nine, and have carried casks; he desired the goods should he fetched on Thursday, but whether we sent on Thursday or Friday I cannot tell; I did not go to his premimes myself; there was no concealment about it - our measure on our waggons; he particularly wished them fetched next morning, but they were not fetched till the afternoon; we received them all before dark.

MR. BRODRICK. Q. You do not know from what part of his premises they came? - A. No; our days for sending goods is Monday, Tuesday, Thursday, Friday, and Saturday.

  JOSEPH DAVE . I believe this note to be the prisoner's writing; when he sent me to Holywell-street, he gave me a letter; I do not know what it was about; I do not know who I saw at the house - the six casks I mentioned came from the cellar, which is called the Mixing-house. (Letter read.)

MR. Mathews, you must send down a waggon this afternoon, with camera men, for the remainder of the casks of cullet, as I want them out of the way; I want an extra man to crate them up.

feb. 20, M. JACOBS.

  JAMES TOPLIS . I am surveyor to the Sun Fire-office. I went into the prisoner's dwelling-house on the 9th of March; an officer was in possession; I looked at the furniture there, and valued it from 130l. to 150l.; certainly not exceeding that sum.

  WILLIAM LONDON . I continued in possession of the premises from the time of the fire till the goods were moved; I was in possession when Mr. Toplis came-nothing had been moved to my knowledge.

Cross-examined by MR. ADOLPHUS. Q. At what time did you go in to possession? - A. Between seven and eight o'clock in the evening; Phillips, the sheriff's officer, employed me; I did not desire the prisoner to go to Phillips, nor deliver him a letter.

  SAMUEL JAMES FLETCHER . I am clerk to the Sun Fire-office. On the 23d of February Charles Pole, Esq., was treasurer.

  RICHARD RAW . I am clerk to the Sun Fire-office. The prisoner first insured there on the 11th of December, 18th, and till Christmas, 1819; he commenced again on the 15th of March, 1820, which went to Lady-day, 1827; that was for premises in Charles-street, Soho - for furniture and stock, not premises; he effected an insurance on the 19th of March, 1827, which went up to March, 1828, for furniture in Hampstead-road; he insured, the premises in Phoenix-street while they were building, from Christmas 1825 to 1826 that was 700l. on the warehouse and manufactory, No., 18 Phoenix-street, and 300l. on the dwelling house No. 19: on the 10th of October, 1828, he proposed another insurance; here is a memorandum, which I believe is in his hand-writing - we granted him a policy for the ware-house and manufactory 1,000l. stock and utensils there in and goods in trust, 250l.; dwelling-house, 350l.,

being 1,600l. together; he had proposed to insure, according to his own writing, for the warehouse and manufactory 2,000l., and the dwelling-house 500l.; he paid a premium, at the time of proposing, at 3 per cent.; Capon, the inspector, afterwards looked at the premises, to ascertain the risk - that was the condition of the deposit; it turned out, on inspection, to be at the rate of 7s. 6d. per cent., and he said he would have the amount reduced; it was effected at 1,600l.; on the 27th of January, 1829, he came to the office, and desired the following increase to his insurance; for fixtures and fittings in the warehouse and manufactory: 50l. stocks, utensils, and goods in trust; 550l. in lien of 250l., and we made the alteration; there had been no insurance before for fixtures and fittings - he made no addition to the amount of goods in the dwelling-house; the had insured 500l. on household goods and furniture, 50l. on jewels, and 50l. on glass, on the 10th of October, as being in Charles-street; and on the 6th of December we granted him a new policy for that amount as for the same goods in Phoenix-street, he having removed there; the whole amount insured was 2,550l., the old policy of the 10th of October was cancelled; all existing policies respecting premises were cancelled, and he received the usual note of the premium, having been paid; two new policies were prepared, according to the last proposal.

  JOHN FLOWER , clerk to Messrs. Stevens and Co., solicitors, proved the service of a notice on the prisoner to produce on his trial the note in question.

  RICHARD RAY . I delivered him the note mentioned in this notice - I have the margin of it here, the entry on which was made in his presence; he paid for the building 1l. 8s. 8d. - 3l. 7s. being allowed on the old policy, making 4l. 15s. 8d., which was the full premium for the building, the amount being 1,350l. on the furniture and stock; he paid 3l. 6s. - 2s. 2d. being allowed, this is exclusive of the duty; both premium and duty were paid - the new policies were not executed till after the fire.

Cross-examined by MR. ADOLPHUS. Q. In October, 1828, he proposed to insure for 2,500l., but your inspector, found them more hazardous than described? A. Yes - if he would have paid a larger premium I should not have objected to grant the policy, but he prefered reducing the amount; the removal of the goods to Phoenix-street is endorsed on the policy, dated December 6th - no additional premium was required, the risk not applying to the dwelling-house; the addition made in January was 350l. on stock and utensils - the old policies were cancelled, and new ones promised; I do not recollect that any mistake was made - he altered his mind while there, and made the stock 350l., and at first I think it was to be 450l. - he was well known to us in business.

COURT. Q. Did your surveyor report that the premises were worth 2,000l.? A. We did not survey as to value, but as to risk.

MR. ADOLPHUS. Q. Are these the tickets or notes you delivered out on that occasion? A. They are; the building is in the name of Moses Jacobs and others - we should expect him and others to prove their interest in the premises - no mistake was made: there was no dispute about the rate of insurance - we never had a 6s. premium.

  JOHN CAPON . I inspected the prisoner's premises for the Sun Fire-office, in October last, to ascertain the risk, not the value; I found them brick and timber, and decided it to he a special case - I was instructed to charge 7s. 6d. per cent.; I reported that to Jacobs in December.

Cross-examined by MR. CLARKSON? Q. Do you know whether any body went from the office to ascertain the value of the premises? A. I do not - I believe he made a deposit at the rate of about 6s. per cent.; when I afterwards told him it was to be 7s. 6d. he desired me to insure for a less sum, which what he had paid would cover- he said he would not pay more for it, as there had been a dispute between him and his partner, that he had robbed him of a considerable sum, and he would not advance any more; I told him he could insure for 1.600l.; the difference would not he more than 40s.; I have no recollection of recommending him to pay the difference - there was 1s. 6d. in his favour, which was returned him.

  PERCIVAL EDWARD LESLIE . I am a clerk in the Sun Fire-office. The prisoner came to the office on the day of the fire, and asked if his policies were ready - I told him they would be signed in a day or two, and then sent.

  PETER CHARLES HUME . I am the mortgagee of these premises, and have the lease here.

Cross-examined by MR. CLARKSON. Q. After advancing him 1,000l. on the premises, had you agreed to advance a further sum? A. Not me; my mortgage extends to the whole premises.

- BALL. I am attesting witness to this mortgage-deed - I saw it executed by Moses and   Isaac Jacobs .

This mortgage was for 1000l. and contained a covenant to insure for 1000l.

The prisoner made an exceeding long address to the Court, entering into various transactions between his partner and himself, in consequence of which law proceedings had been adopted; he stated that he had expended 4500l. in building and completing the premises, and had mortgaged them for 1000l. which amount he was bound to insure for - that on a survey of the premises there was a dispute about the rate per cent. to be paid; in consequence of which a delay ensued - he was anxious for his policy, the mortgagee requiring it - the office demanded 10s. 6d. per per cent. but finally took 6s. - he afterwards engaged for an advance of 1500l. on the premises, (the former 1000l. to be paid off,) and as such could have no interest in their being destroyed; several errors had arisen in making out the different items of his insurance - in consequence of which the policies were incorrect, and returned for alteration; he denied having called at the office on the day of the fire - he had never painted the whole of the premises, and the oil and turpentine were got for that purpose; but on account of his wife's illness it was delayed - potash, sand, lead, arsenic, and magnesia, were used in the process of manufacturing glass, which would account for the appearance of the fire over the gateway, the middle room being the place these articles were deposited in; through false information being laid against him at the Excise-office by his late partner, he had determined to relinquish the business, and had agreed to barter the cullet with a house at Birmingham, for which purpose he sent it to the wharf - various valuable implements of trade were in the top room on the night of the fire - Mrs. Davis could have escaped on the roof of the warehouse, where she usually hung her linen to dry - that on the day of the fire he was at Hammersmith from ten o'clock till four, when he returned and dined with Genese; then went to the Black Swan, Vinegar-yard, Drury-

lane - left at nine, and got home about half-past ten, where he found a letter from Phillips, and in consequence of which he went to Mr. Norton, his solicitor, and then to Hart-street - returned home, and sent Davis with a letter to Hart-street - then went into his dwelling-house, and in about half an hour he sent his son into the warehouse to fetch his great coat; he returned stating the place was on fire; he then did all in his power to rescue Mrs. Davis, and to save his own family - at the inquest he was informed by a newspaper reporter that the jury appeared vindictive towards him, and advised him to fetch his solicitor - he was afterwards desired to attend at the fire-office, and only claimed 600l. as his loss.

  EDWARD CARTER . I am an attorney. I know the prisoner effected a mortgage with Mr. Hume for 1,000l. - an abstract of the title to the premises was laid before me about the 8th or 9th of January this year, with a proposition to pay off the 1,000l. and advance 500l. more; I promised for my client to advance the 1,500l., subject to the report of our surveyor - the arrangement would have been complete about a week after the fire; the prisoner was anxious for the completion of the business, as he wrote to me about it, but I only saw Mr. Wilson, who acted for him.

MR. BRODRICK. Q. The proposed security was the dwelling-house and building? A. Yes.

  EDWARD WILSON . I acted as agent for the prisoner in effecting this mortgage for 1,500l. - the prisoner was desirous it should be completed; the negociation continued till the day of the fire - there was no backwardness on his part, quite the contrary; he was eager to effect it- nothing remained to be done but an inspection by the surveyor; the 1,000l. was to be paid to Mr. Hume - there is an under lease from the prisoner to Mr. Hume- it is a mortgage by demise; the mortgage would have been complete in two or three days, but the fire put an end to it.

MR. PLATT. Q. This related to the building, not the stock? A. Certainly.

  JOSEPH ROSE . I am a surveyor and auctioneer, and live in the Old Jewry. I surveyed the prisoner's dwelling-house and factory in June last - the dwelling-house was not then complete, but was more than a carcase; the value affixed to both was in anticipation of their being complete - the factory was finished, and about 150l. wanted laying out on the house; I valued them for a loan, and estimated them at 2,000l. as the value of the lease, and considered them well worth that; I valued them for the gentleman making the advance - I should think they would cost near 4,000l. building.

MR. THESSINGER. Q. Of course you calculated the furnace? A. Yes - that is an extensive part; I looked at it as a whole - the furnace is fire proof.

  THOMAS THOMPSON . I live in Castle-street, Holborn, and am a surveyor. I went to the premises after the fire- the value of the stock in trade and utensils left there on the 23d of March I estimated at 384l. 1s. 9d; these were articles saved, and were on the premises; according to the appearance of the first floor, the fire I should think had originated about the staircase - the best part of the counting-house floor is left at this moment in a perfect state - all the flooring near the staircase is burnt; the floor leading from the counting-house to the bridge is nearly perfect - a person on the stairs in Hobson's yard could not see into the first floor; I went to the top of them on purpose to see - perhaps up the first three steps they could, but not on the fourth.

COURT. Q. If there was an immense illumination on the first floor, he could see that? A. Just at the window; there is a sloping covering to the stairs.

MR. BRODRICK. Q. Could he not take a straight view to the building? A. By no means, unless he could see through the slates; the bottom of the steps is about twenty feet from the end of the gateway - the covering on the steps prevents his seeing; he must stoop two feet -I do not mean to swear he could not see when up two or three steps; I went half-way up, and could not see then- I dare say the ceiling of the room could be seen in the yard; I valued the moulds, utensils, and working implements.

MR. CLARKSON. Q. There is a covering to the stairs? A. Yes - it is an inclined plain directly opposite the window; it is impossible to see the flooring or roof from the stairs.

COURT. Q. What was there to prevent his seeing the ceiling of the room was illuminated? A. Yes, in the yard, but not on the steps.

  WILLIAM CADOGAN . I am a surveyor. I went to the premises on the 2d of March; I went on the first floor, and found some embers laying on the floor, and on those embers was what appeared to me to be the second floor; all the second floor appeared to me to have been burnt away - I looked at the grate on the second floor; there were a good many cinders in it - I mean the second floor room, where the deceased slept; I saw the great of the counting-house, but did not observe any cinders there -I went up the steps of Hobson's yard yesterday: they have a slant covering, which comes down exactly in the same direction as the steps - there may be a dozen steps; I could see the window from the top of the steps, by leaning over the side railing, but not without; it is impossible.

MR. PLATT. Q. How many feet do you consider the steps from the back of the building? A. About fifteen-feet; the covering is about seven feet high.

COURT. Q. Supposing it was a dark night, and there was a great light in the building, it would illuminate all the yard? A. I should think so - he could see a light coming from the window.

  WILLIAM WILLIAMS . I am a builder, and live in Upper Cleaveland-street Fitzroy-square: I was on the prisoner's premises before the fire - Mr. Jacobs asked me what I thought the fittings up worth; I said I would not fit them up for 100l. - the dwelling-house is not finished yet.

MR. THESSINGER. Q. You did not fit up the factory? A. No; I was on the premises off and on for six months, I saw the fittings up; I speak of the counters, the fittings up of the counting-house, lockers, shelves, &c. in the warehouse and weighing-room below, and the two rooms above.

MR. CLARKSON. Q. Is this paper signed by you? A. Yes - it is a specification for finishing the private-house; it is dated the 26th of June, 1828 - I was to do it for 187l.; I did 150l. worth - this amount does not include the painting.

MR. THESSINGER. Q. When did you express this opinion about the value of the fittings-up? A. About October or September; I include the weighing-room materials, and moulds made of wood, and a great many of iron - I do not include the iron in my estimate; I include the glass partition all round the counting-house and divisions of the rooms, which I understand were fixtures.

  JAMES HALL . I am a painter. I entered into an engagement to paint the prisoner's house about the middle of February, within a fortnight of the fire - he was to find paint, turpentine, and oil; I saw him twice about it, and saw paint brushes and pots on the premises on the day I made the agreement - I was to do the work at 5s. 6d. a day and have two pints of beer; I went again on the following week, and he was at Birmingham as I heard; I ordered some turpentine to be sent to his house for me to work with - I believe it was got in Greek-street, but I did not order it myself; there was to be a quart of oil and three pints of turpentine - I called about the middle of the following week: he was from home - I was informed Mrs. Jacobs was ill, and that reason was given why I should not begin.

Mr. BRODRICK. Q. Can you tell when this was? -A. The middle of the week; I went first about the middle of February - it was then I saw the brushes: I called again about the middle of the following week, to go to work.

  LEWIS NORTON . I am a solicitor, and have acted as attorney for the prisoner for several years. I know he has lost a great deal of money by persons taking the benefit of the Insolvent Act - I put an execution into the prisoner's house on the very day of the fire, as I heard he had received the 500l. on the mortgage, and was going to Birmingham; he owed me 60l. odd - I had a warrant of attorney, which had been over due some time; I remember an extent being on the premises two or three months before - I acted for his partner on that occasion; to the best of my judgment his debts at this time were about 180l. - from my knowledge of his affairs, and considering his premises, I should think he had more than five times enough to pay his debts; he had leasehold property in Charles-street, and I prepared the lease of some premises at Hampstead, but have not acted for him for some months, as we had quarrelled - about ten o'clock on the night of the fire he and Mr. Genese came down to me and talked about the execution I had put in; a man was then in possession at my suit - they were with me a very short time; I delivered them a letter directed to Mr. Phillips, my officer, whose man was in possession - when I acted for his partner I received a statement of the property on the premises: that was during the extent, and I have been on the premises when on terms of intimacy with him - the house was then at work, and a great quantity of goods in both the warehouses; a misunderstanding between him and his partner caused a stoppage of the works.

MR. PLATT. Q. Have you been concerned for the prisoner, as his solicitor, since October? A. No; his partner and himself delivered me a list of their debts, and I know some of their creditors - he did not owe more than 180l. beyond the mortgage, according to the list delivered to me; the extent was issued about three months ago - I have not been on the premises since that; my execution was paid on the 25th of March.

  ELISHA ARCHER . I am a paper-hanger, and live in Drury-lane. The prisoner engaged with me on the 13th of February, to paper his dwelling-house, in Phoenix-street.

  ISAAC GENESE . I am an auctioneer and general dealer. On the evening before this fire I sent for the prisoner to go to Hammersmith with me - I saw him at ten o'clock on Monday morning, and we went together to Hammersmith; I returned with him about four or five o'clock - he dined at my house, remained there from five to six, and we did not separate till very near nine, at the Black Lion public-house, Drury-lane - he came to me again about half-past nine o'clock, and in consequence of what passed between us I went to Norton's with him; we received a letter from Norton to Phillips - I went with him to the Feathers public-house, in Hart-street, Covent-garden, where we found Phillips; I separated from the prisoner from ten o'clock to half past, in Hart-street - it would take him ten minutes or rather more to go home; I attended the Coroner's Inquest afterwards, and was in the private bar of the house with him - he had been before the inquest in the morning, but in the evening continued in the bar - the Coroner's clerk came and sat with us in the bar for an hour and a half; the prisoner left the bar once or twice - a reporter, whom I had seen in the inquest room, came to him, and had some conversation; the prisoner then came to me, and said - I am going to my lawyer;" I walked out with him further than the door, and expected him to return with his lawyer, but he returned with the constable.

MR. BRODRICK. Q. You keep an open auction shop behind St. Clements'? A. Yes; I have also a shop at Bath and Bristol - they are not open shops - Norton lives in Jewin-street; I saw Cole, the officer, at the public-house, not in the bar.

Q. Do you remember nudging the prisoner, and saying"Go?" A. No; I solemnly declare I did no such thing- I separated from him about twenty doors from the house; he certainly did not run.

  JOSEPH PHILLIPS . I am a sheriff's officer. I went to the prisoner's house, about half-past seven o'clock, on the evening of the fire, having an execution against his property, at the suit of Norton; the prisoner was not within -I left London in possession, and left a letter with Davis for the prisoner; in consequence of which, I expected to see him that night at the Feathers public-house, Hart-street - he came there at nine o'clock, and requested me to do something, which I refused till I saw the plaintiff; he went away, and brought me a letter from Norton at a quarter-past ten - he remained with me about a quarter of an hour.

NOT GUILTY .

 

NEW COURT, Third Day.

Fourth Middlesex Jury - before Mr. Common Sergeant.

766.   WILLIAM LOMAS was indicted for feloniously assaulting  Horatio Thomas Byard , on the 2d of March , with intent to rob him, and his goods, chattels, and monies, from his person, and against his will, feloniously to steal .

  HORATIO THOMAS BYARD . I was in  St. Martin's-lane on the 2d of March, about five o'clock; I had just come out of the church with my wife and another female - when I got on the steps I was knocked down by the prisoner; there appeared to be others backing him - some other persons were knocked down likewise; I got up, and remonstrated with him - a gentleman came to me soon after, and said, "Sir, that fellow is waylaying you;" I took no notice, but the prisoner came up again, struck me, and knocked me down - I was stunned; the officer came up to me, and took him off me.

Cross-examined by MR. PHILLIPS. Q. Was there not an immense crowd of people? A. No - I suppose round the steps there were not fifty; in the circumference of this Court there might be one hundred people; I saw a military man on a horse, with a drawn sword. I am a watch-maker - I did not strike the prisoner; I thrust him off the first time - I was not remonstrated with by a gentleman for striking the prisoner: no person spoke to me but the person who said he was waylaying me - I did put up my fist, and shoved him, but whether I touched his face or not I cannot say; I believe four or five persons were knocked down. The prisoner was bailed, and has surrendered.

COURT. Q. When you came out of the church was there a considerable pressure about you? A. No; the females were adjusting their dress - there was nothing to confine me; I was on the steps when I was knocked down- I got up the first time, and a gentleman said, "That fellow is waylaying you;" he then came up and made the assault - I struck at him, or attempted it, with my umbrella, when I saw him coming to me.

  ALEXANDER MILLER . I am a Bow-street patrol. I knew the prisoner before this; there were three or four more persons with him; I had remonstrated with them several times before the people came out of church - when the prosecutor and the ladies came out, a person said,"They are going it there nicely;" six or seven of them pushed up and knocked them down; Mr. Byard got up, and the prisoner rushed up to him - he put up his umbrella, but did not strike the prisoner: I think the prisoner and his party intended to knock Mr. Byard down.

Cross-examined. Q. Were they well known to you? A. I have seen them about with dog-fighters and others, at three o'clock in the morning; this was about twenty minutes before five o'clock; I had observed the prisoner for about half an hour before - there were no horse-guards there then; they had moved on to St. James' about ten minutes before - there might be forty or fifty persons round the steps; the crowd had gone off.

  THOMAS GOOK . I was at St. Martin's church; I observed Mr. Byard and two or three ladies on the steps, and all at once they were pushed down; Mr. Byard got up - the prisoner went up to him, and I saw the umbrella up; I got Mr. Byard up, and wiped the blood from his face; there were several other bad characters about.

Prisoner's Defence. I was going down the Strand, and saw a crowd at the church; the Welch children were going to walk, and I staid to look at them - after they came out the gentlefolks came out; the horse soldier rode on the pavement, and I suppose a hundred people fell down; I fell on the top of Mr. Byard and his wife - he got up, and said, "You rascal, what did you do that for?" I said I could not help it; I got up, and went to ask what he meant by it - he struck at me several times; the officer came and pulled me off him - he struck me several times, and some persons said, "Hit him, Hit him!" several times- the officer came and took me to Bow-street.

  ABRAHAM HICKS . I am a shoemaker, and live at No. 8, Church-lane, St. Martin's. I was near the steps - after the children went on, the people came out; there were two gentlemen on horseback, clearing the people; one of them brought his horse on the bottom step, which caused a rush of the people backwards - I turned, and saw an arm let fly at the prisoner's head two or three times, and the last stroke that was made at him was warded off by an officer; I went up to the prisoner, and said, "Was that a constable struck you?" he said, "No, it was that gentleman;" he went to him, and said, "What did you strike me for?" the gentleman said, "Go along; you scoundrel; you want to pick my pocket;" he said, "You poor looking object, I have more money than you;" a female attempted to strike him, and then the gentleman struck him with an umbrella; the officer came and took him - I cannot say whether the prisoner was hit in the face or not; I suppose there were two or three hundred people about the steps; the constables and patrols were clearing them away- I went to the watch-house, and the gate was slapped in my face.

COURT. Q. Did you know the prisoner before? A. No.

NOT GUILTY .

 

767.   ANN BONNER was indicted for stealing, on the 5th of March , 3 petticoats, value 6s.; 2 sheets, value 10s., and 2 shirts, value 5s., the goods of   Elizabeth Johnson ; and 1 petticoat, value 2s. , the goods of   Angelina Beany .

  ELIZABETH JOHNSON . I am single , and live in  Berwick-street . I employed the prisoner to char for me; she was there on the 4th and 5th of March; on the evening of the 6th I missed this linen from a clothes-bag in my front-room - I know they were safe on the 4th, and I believe on the 5th; there was a petticoat, and some other articles, of Angelina Beany's in the same bag; I went to the prisoner on the 7th of March, and found duplicates of all the property, which she admitted she had taken.

  RICHARD WINGHAM . I am a pawnbroker. I produce a petticoat, shift, and pillow-case pawned by the prisoner.

  GEORGE WEBB . I am a pawnbroker. I have two sheets, a shift, and petticoat pawned by the prisoner.

  FRANCIS BYERS . I am a pawnbroker. I have two petticoats and a shift pawned on the 20th and 28th of February; I cannot tell by whom.

  WILLIAM HETLEY . I am an officer. I took the prisoner, and found eight duplicates on her.

(Property produced and sworn to.)

Prisoner's Defence. I did it through distress; Miss Johnson was not always able to pay me.

GUILTY. Aged 57.

Recommended to Mercy . - Confined One Month .

 

768.   JOHN GIBBONS was indicted for stealing, on the 7th of March , 1 handkerchief, value 2s. 6d., the goods of   James Handey , from his person .

  JAMES HANDEY . I am a medical man . I was passing down  Barbican on the 7th of March; a witness called

"Stop thief! you in the chaise;" he showed me this handkerchief, which I knew to be mine; I had been using it just before - I saw the prisoner taken, but had not seen him before.

  THOMAS HOBBS . I am a carpenter. I was in Chiswell-street, near Whitebread's brewhouse, and saw the prisoner take the handkerchief from the gentleman's pocket- I gave the alarm, and saw him stopped by an officer.

  GEORGE OSTERMAN . About half-past four o'clock I saw the prisoner running towards me, and stopped him; he dropped this handkerchief - I did not see it taken; the prisoner had 9 1/2d. in his pocket.

The prisoner put in a written defence, pleading poverty.

GUILTY . Aged 17.

Transported for Fourteen Years .

 

769.   JOSHUA WOODCOCK was indicted for stealing, on the 3d of April , 1 pair of scales, value 3s. , the goods of   Thomas Patey .

  ELIZABETH PATEY . I am the wife of Thomas Patey - we keep a chandler's shop in  Phoenix-street, Spitalfields . On the 3d of April I saw these scales safe, at seven o'clock in the evening; in about half an hour I heard the door open as I was in the back parlour; I went into the shop, and missed them - I opened the door, and saw three persons running; I could not follow them, as I had no one at home; I waited till eight o'clock, when my husband came home; I told him - he went to Palmer's.

  WILLIAM PALMER . I live at No. 12, Wheeler-street; I deal in marine-stores. On the evening of the 3d of April the prisoner came and asked if I would buy a pair of copper scales; I am sure he is the person - I said I bought nothing after dark; Patey came to my house afterwards, and asked if I had a pair of scales; I said, No, but a young man had been with a pair of scale, and I should know him again; he fetched me to his shop in half an hour, and I saw the prisoner - I said, he was the man; he then told the watchman if he would go to his mother's garden, he would find them under the currant-bush.

  WILLIAM BADDAMS . I am the watchman. I heard the prisoner say these scales were under the currant-tree, and I found them there.

(Property produced and sworn to.)

Prisoner's Defence. We went to the prosecutor's shop, and bought 1d. worth of tobacco and 1/2d. of small beer - we then went up the road, and as we came back, an elderly man was at the door of this shop with the scales; he said if we could sell them, we should share the money between us; being allured by the money, we went to Palmer's - the man then asked if we knew where he could hide them; and said, would it not be a good place to put them in the garden? I said, No; he said, "I shall put them there," and I should not bear the blame of it.

GUILTY . Aged 16.

Confined Six Months .

 

770.   JAMES STONE was indicted for stealing, on the 26th of March , 1 looking-glass, value 1l. , the goods of   George Robinson and   George James Robinson .

The prosecutors did not appear. NOT GUILTY .

 

771.   GEORGE COLLIER was indicted for stealing, on the 4th of March , 1 silver spoon, value 7s. , the goods of   Frederick Richard West , Esq .

  THOMAS SADLER . I was in the service of   Frederick Richard West , Esq., of  Upper Brook-street . I saw the prisoner on the 4th of March, take the spoon out of the kitchen passage; he got about three or four yards with it; he- I went out of the pantry, and stopped him with it; he asked if a person named Williams lived there - there was no such person; I called the butler, who sent me for an officer - the prisoner was quite a stranger.

  GEORGE KENT . I am the butler. Sadler called me; I detained the prisoner while he fetched the officer.

  THOMAS MOLSON . I am an officer. I took the prisoner, and received this spoon from the butler.

(Property produced and sworn to.)

The prisoner put in a written Defence; stating, that he had called at the house to inquire for a situation, and denied having had the spoon in his possession.

GUILTY . Aged 18.

Transported for Seven Years .

 

772.   JOHN OWEN was indicted for stealing, on the 6th of March , 5lbs. weight of mutton, value 2s. , the goods of   John Druce .

  JOHN DRUCE . I am a butcher , and live in  Norton Falgate . I lost a breast of mutton on the 6th of March, which weighted 5lbs.; I saw it safe about half-past four o'clock - a lad gave me information; I missed it, and went out, but I never saw it again.

  WILLIAM DODSON . I saw the prisoner take the mutton off the board, and put it into another boy 's bag, who run off with it; I told Mr. Druce - he took the prisoner, who kept walking on at a slow pace on the same side of the way.

Prisoner's Defence. I was coming from Petticoat-lane, and never touched the mutton; I was alone.

GUILTY . Aged 11.

Whipped and Discharged.

 

773.   ANN ROBERTSON and   MARY ROBERTSON were indicted for stealing, on the 24th of March , 3 blankets, value 6s.; 1 counterpane, value 4s.; 2 pillows, value 5s.; 1 pier-glass, value 1l.; 1 box iron, value 2s.; and 1 carpet, value 2s. , the goods of   Edward Vale .

  EDWARD VALE . I live in Moor-street, Soho. On Monday, the 16th of March, I went to take some rents at No. 40,  Berwick-street , where the two prisoners had a furnished lodging of mine; I could not find either of them- I went on the following day, but could not find either of them; I put a padlock on the door on the following Monday; they did not come that night, but in the evening   Ann Robertson came to my residence, and asked if I would let her into the lodging; I asked her where she had been - she said into the country: I sent for an officer - we opened the door; the room was in great confusion - I said, "Why is the bed off the sofa?" she said it was broken; I said I would have it repaired - I then turned the things over and missed the articles stated; I said, "What have you done with the things?" she said, "I will tell you all about it, if you will let me stop here to-night;" I said, "No, where are the things?" she said "They are pawned, and my daughter has the duplicates" - we went to a place where she said

her daughter was, but could not find the house; I lodged her in the watch-house, and the next morning she said she had the duplicates herself; we found the daughter in a street near Carnaby-market - these are the duplicates which were found on Ann, but I believe she has been induced to pawn them through the profligacy of her daughter.

  WILLIAM FOWLES . I am a pawnbroker. I have a pillow, pawned with me on the 2d of February - I do not know by whom; I gave this duplicate for it.

  HERBERT JOHN CLARK . I am a pawnbroker. I have two pillows and a looking-glass, for which I gave this duplicate - I do not know who pawned them.

  JAMES STEWART WALLIS . I have three blankets and a counterpane - the daughter pawned the counterpane; I cannot tell who pawned the others.

  THOMAS WILSON . I apprehended the two prisoners, and found the duplicates on   Ann Robertson .

(Property produced and sworn to.)

  ANN ROBERTSON 'S Defence. I own I pawned them through distress, to pay the rent; I offered to take him to my employer, to give him security for 13s., and I would have got the things - there have been keys to open the door, and other people have taken things.

  MARY ROBERTSON 's, Defence. I acknowledge pawning one blanket, which was lent by a lodger; she told me to give her the duplicate, and she would get it, but I would not.

  ANN ROBERTSON - GUILTY. Aged 58.

  MARY ROBERTSON - GUILTY. Aged 32.

Recommended to Mercy by the Jury . - Confined 14 Days .

 

774.   THOMAS YOUNG was indicted for stealing, on the 3d of February , 1 crown and 4 half-crowns , the monies of   George Filsell .

  GEORGE FILSELL . I am a labourer , and live at  Tottenham . On the 3d of February I gave a box with some money in it to the prisoner, about eleven o'clock in the day - he was to go to Mr. Livingston's to deliver the money, and the box was to be filled with goods; there was a 5s. piece and four half-crowns sealed up in a letter in the box.

Cross-examined by MR. CHURCHILL. Q. How was the box packed up? A. The money was put into an order and sealed up, rolled in a canvas bag and tied up, it was then put into the box which was eorded; I am quite sure I gave it to the prisoner; I never said I gave it to his brother, nor that I did not know to whom I gave it; the prisoner's father is the carrier - I never sent goods or money by them before; the prisoner was in the cart, and his brother by the side - I know the father very well.

  SARAH FILSELL . I saw my husband pack up the box with the money in it; he delivered it to the cart.

Cross-examined. Q. Had you any one there? A. Only the children; I have seven little children, but they did not touch it.

  JOSEPH FOSTER . I am an officer. I took the prisoner on the 20th of February - he denied the charge.

  DAVID LIVINGSTON . The prisoner came to me and brought the box; he said Mr. Filsell was coming up, and he would bring the order; this bag was in the box, but empty. NOT GUILTY .

 

775.   AMOS WILSON and   JOHN WADSWORTH were indicted for stealing, on the 27th of March , 1 pair of shoes, value 6s., and 1 waistcoat, value 6d. , the goods of   Richard Pedder .

  RICHARD PEDDER . I live at Mr. Brown's, the  Black Horse public-house, at Barnet . On the 27th of March I went to put on my shoes, and missed them out of the room; the prisoners came to lodge, and slept there the night before; my things were safe at six o'clock that morning.

  JAMES MATTHEWS . I am a constable. I stopped the prisoners at Whetstone, at nine o'clock - I found the waistcoat and one shoe on Wilson, and one shoe on Wadsworth.

  WALTER BOLD . These prisoners are recruit s. I gave them a billet on the Black Horse, and in the morning they marched away with me; I saw the officer take the things from them; I had heard no complaints of them before.

WILSON - GUILTY . Aged 19.

WADSWORTH - GUILTY . Aged 19.

Fined One Shilling and Discharged.

 

776.   SAMUEL WILLIAMS was indicted for stealing, on the 9th of March , 16lbs. weight of beef, value 8s. , the goods of   George Story Tuck .

  GEORGE STORY TUCK . I am a butcher , and live at  Tottenham High-cross . I lost 16lbs. of beef on the 9th of March, between seven and eight o'clock in the evening; I did not see it taken, but some one opened the shop door and came in.

  WILLIAM THOMAS . I am an officer. About nine o'clock in the evening of the 9th of March, I was on Stamford-hill, I met the prisoner with a large piece of beef - he passed the watchman, and wished him good night; I then went after him - he dropped the beef, and I took him.

  JOSEPH CLARK . I am a watchman. The prisoner passed me with the beef - we turned and took him.

Prisoner's Defence. I was starving.

GUILTY. Aged 55.

Recommended to Mercy . - Confined One Month .

 

777.   ANN KEEN was indicted for stealing, on the 23d of January , 1 bolster, value 3s.; 3 blankets, value 4s.; 2 sheets, value 3s.; 2 pillows, value 4s., and 1 counter-pane, value 2s. , the goods of   John Clark .

  JOHN CLARK . I am a shoemaker . I let the prisoner a furnished lodging in July last; the articles stated were part of the furniture; I went to turn her out, as she owed me a good deal of money - I then missed them.

  BENJAMIN BIRDSEVE REEVE . I am a pawnbroker. These articles were pawned with me by the prisoner between the 29th of July and the 14th of February.

(Property produced and sworn to.)

  HENRY RICHARD BOOKERIDGE . I took up the prisoner - I found these duplicates on her; the whole sum of money raised on the things was 17s. 3d.

Prisoner's Defence. I pawned them through distress.

GUILTY . Aged 55.

Confined One Month .

 

778.   ROBERT HUDSON was indicted for stealing, on the 9th of March , 1 leather budget, value 3s.; 3 brushes, value 3s.; 1 tin-can, value 4d.; 1 screw-wrench, value 2s.; 4 linch-pins, value 8d, and 1 piece of leather, value 2d. , the goods of Sir   Thomas Hare , Bart .

  WILLIAM BENNETT . I am in the service of Sir Thomas

Hare. This leather budget, and the articles stated, were all lost on the 9th of March - they were safe, swinging under the foot-board of the carriage, when we were at  Waltham-cross , and when we got to  St. James's-street they were gone - the strap was cut in two places.

Cross-examined by MR. BARRY. Q. What part of the carriage did you ride on? A. On the box, in front.

  WILLIAM THOMAS . I took this budget from the prisoner about seven o'clock that evening, at Ball's-pond gate. I asked what he had under his arm; he said a box, which he had brought from the country; that it contained different things, and offered it me to look at; I took him to the toll-house; I found on him this large knife, 5s. 6d. in silver, and 2d. in copper; this knife would not cut the strap; but I afterwards found this razor in a case on him.

Prisoner's Defence. I did not cut it away; the carriage passed me - I had walked thirty-seven miles, and got behind to ride; there were two lads there who got down - I saw this laying in the road, got down, and picked it up; I thought it belonged to the two lads.

GUILTY . Aged 30.

Transported for Seven Years .

 

779.   JOHN JONES was indicted for stealing, on the 3d of April , 1 pair of trousers, value 16s. , the goods of   Sarah Ashbridge .

  JOSEPH JOWERS . I live with Sarah Ashbridge - she is single . At five o'clock in the afternoon, of the 3d of April, I saw the prisoner and three more pulling about a pair of trousers inside her shop; they all went away three times and came back again, and each time they took out some pins - when they had taken them all out, the prisoner and another came back; the prisoner took them down, folded them up, and had gone about half a yard from the door - I missed them, went out and took him with them in his hand; he begged my pardon, and said he would not do so any more.

  JOSEPH ROBINSON . I am an officer. I was going by and took the prisoner.

Prisoner's Defence. I was looking at the trousers - I fell in at the threshold of the door; I was going to pick them up - he came, took hold of me, and struck me.

  JOSEPH JOWERS . I did not hit him - I forced him back into the shop; the trousers had been hanging on an iron rail - another person came back with him the last time, and was looking at another pair.

GUILTY . Aged 18.

Transported for Seven Years .

 

780.   JOHN GUYON was indicted for stealing, on the 26th of February , 1 barometer, value 2l. , the goods of   James Cook .

  JAMES COOK . On the 26th of February I and my family were sitting at tea in the parlour; this barometer was in the shop, behind the door, for sale; the prisoner, whom I knew by sight, came in and took it off by force; I said, "Let that alone - what are you going to do with it?" but he would insist upon taking it, and went off with it - I did not know his name, nor where he lived - he ran up the street - I followed him, with three others of my family; I did not see him taken - I saw him put the barometer down at Mr. Allardyce's door.

  JAMES COOK , JUN. I went after the prisoner, who was running, with this barometer in his hand; he set it down and ran on - I took it home.

  MARY ANN TAYLOR . I ran with my master after the prisoner; I saw him set down the barometer; I and my mistress followed him, and saw him stopped by the officer - I never lost sight of him.

  WILLIAM REYNOLDS . I heard Stop thief! called, and ran; I saw the prisoner - he said, "Mr. Reynolds, I am stopped, but I am the wrong man;" I have known him some years, he has borne an honest character.

Prisoner's Defence. I was asked to hold it by a young man with a white apron, while he tied up his shoe; a young girl came - he ran off, and told me to run, which I did.

GUILTY . Aged 17.

Whipped and Discharged.

 

781.   FRANCES BECK was indicted for stealing, on the 14th of January , 9 pairs of sheets, value 2l. 5s.; 1 counterpane, value 5s.; 1 waistcoat, value 4s.; 1 tablecloth, value 2s., 1 apron, value 1s.; 1 handkerchief, value 8d.; and 3 shirts, value 15s., the goods of   John Harrison . her master .

  JOHN HARRISON . The prisoner lived with me between three and four months - I lost a great deal of property; she ran away, I think, on the 26th of February; I then missed some other articles - these are the articles; a great part of them are marked.

  WILLIAM DONKIN . I am a pawnbroker. I have two sheets, one shirt, one table-cloth, and one handkerchief, all pawned by Hayte.

  FRANCES HAYTE . I received these articles from the prisoner, and pawned them with Mr. Donkin, at different times; I was not employed at the prosecutor's; I have known the prisoner some years, and knew she lived there- I thought the articles were her own.

  EDWARD BURRIDGE . I apprehended the prisoner on the 28th of March, at Lambeth; she said she hoped Mr. Harrison would forgive her, and she was coming that day to try to settle it; she told me that Hayte had pawned them, and Hayte gave me the duplicates.

GUILTY . Aged 31.

Transported for Fourteen Years .

 

782.   HENRY GREEN was indicted for stealing, on the 10th of March , 1 bridle, value 5s.; 1 collar, value 3s.; 1 pair of hames and tuggs, value 4s.; 1 saddle, value 6s.; and 1 pair of reins, value 1s. , the goods of   Alexander Hamilton .

  HENRY COOK . I am a harness-maker , in the service of Mr. Alexander Hamilton, of  Hampstead ; the prisoner was in his employ - this chaise harness was given into his care on the 10th of March - he had a place to put it in - that same evening the officer came and told me of it; I saw it again at Marlborough-street, and knew it.

Cross-examined by MR. CLARKSON. Q. Have you never known the prisoner to purchase harness? A. No: I never stated that I did not know the harness - I cannot positively swear that I did not.

COURT. Q. Cannot you say whether you have ever said you did not know it? A. I do know it - I never said I did not.

  JOHN BRUNDLEY . I am a Bow-street patrol. On the night of the 10th of March, about half-past seven o'clock, I met the prisoner coming towards Camden-town, with a bundle, which he said contained chaise harness, that he had to repair - he was going to take it home; he said he occasionally worked for himself, and he was going to take it close by there; I asked him again where he was going to take it, and he said to the Borough; I asked him where he bought it - he said he was not obliged to tell me.

Cross-examined. Q. Did you caution him not to say any thing that might affect himself? A. No.

  WILLIAM BARTLETT . I was with Brindley, and stopped the prisoner; he told me next morning that he bought the harness six weeks ago, but he did not know of whom.

(Property produced and sworn to.)

MR. COOK. Mr. Hamilton looked at the harness as well as I did; I never said it was not his.

COURT. Q. How do you know this harness? A. By the furniture of it.

Prisoner's Defence. Mr. Hamilton stated that this was a harness which he bought of Mrs. Boyd, and I can prove he did not, as there were some things attached to the saddle of her harness, which are not to this.

GUILTY. Aged 24.

Recommended to Mercy by the Jury - Confined 4 Months .

 

783.   THOMAS SMITH was indicted for stealing on the 27th of February . 12 pairs of gloves, value 20s., and 1 pair of half silk hose, value 4s. 6d., the goods of   George Wagner and another .

MR. PHILLIPS conducted the prosecution.

  GEORGE WAGNER . I am in partner ship with Mr.   William Chapman - we have no other partners. The prisoner was in our employ on the 27th of February; all our young men are allowed to purchase goods at cost price - they are entered in a book by Mr. Macfarlane and Mr. Cuffley; it is their duty to enter the whole of the goods which the young men buy - they are never to be entered by the young men who buy them; those who buy them are suffered to select goods themselves, but it is generally referred to a young man, who is appointed for that purpose, who at that time was Mr. Williams. On the 27th of February, about one or two o'clock, the boxes of all our young men were searched, and the prisoners among the rest; Mr. Cuffley and the constable were present; in the prisoner's box this dozen of French kid gloves were found - they were new, and tied up as they would be for sale; I said to him, "Of course these are entered?" - he said, "Oh, yes, Sir;" I went away, and returned in about a quarter of an hour - the prisoner was then below; he accosted me and said, "Sir, I should like to shew you the entry of these gloves" - this was about twenty or twenty-five minutes after I had seen them in his box; he shewed me this book, and this entry - I observed that it was scarcely dry, and the ink perfectly pale, though it purported to be made on the 25th of February - the heading of this page is the 24th of February, and there were several pages following written on; we have about forty young men in our warehouse.

Cross-examined by MR. CLARKSON. Q. What character had you with him? A. He was recommended very highly by a particular friend and customer; I was at the office at the second examination with my solicitor - Mr. Humphries attended as the prisoner's attorney, and Mr. Phillips as his counsel; I understood Mr. Phillips was retained - I did not direct my solicitor to retain him for me, to my knowledge, I am so much engaged in business - I went to Newgate to see Mr. Wontner, whom I knew, and saw the prisoner at that time, but I did not expect to see him; Mr. Scorr, my attorney, was with me - he went as my friend - our object in going was not to see the prisoner; I had received an anonymous letter, which apparently came from Newgate, and went there in consequence - I did not ask to see the prisoner, nor did Mr. Scorr ask, to my knowledge; I had Mr. Cuffley with me as my confidential assistant - the prisoner was brought to me; Mr. Scorr questioned him relative to the letter, but not respecting this charge - no advertisement was inserted in the newspaper by my authority; no offers of favour were made to the prisoner by my authority - there was a wardsman present at the conversation, or some such person; he was not asked if he had heard the prisoner say any thing, in my presence - the prisoner was not questioned on any subject except the letter.

MR.   GEORGE SCORR . I am an attorney to the prosecutors. I went with Mr. Wagner to Newgate, in cousequence of this letter, which I had received the Saturday night before; we took this letter, and went to consult Mr. Wontner about it - Mr. Wontner sent for the prisoner, and the letter was shown him; Mr. Wontner asked him if he knew any thing of that letter - he said he did not; Mr. Wontner said, "Now, Smith, if you know any thing, will you tell us what it is?" and Mr. Wontner cautioned me to hold out no hopes to the prisoner - the prisoner observed that he was sure Mr. Wagner would prosecute him to the utmost extremity of the law; I said he was wrong, Mr. Wagner did not wish to prosecute him at all; Mr. Wontner said a good deal to him on the subject of the letter, and the prisoner at last said he would think of it - we left the place.

Cross-examined by MR. CLARKSON. Q. How long have you been an attorney? A. Ever since 1809; I went to the Police-office to prosecute the prisoner - Mr. Humphries and Mr. Phillips were there.

Q. Does Mr. Phillips appear now to prosecute him at the desire of Mr. Wagner? A. No - it was solely by my choice: I consider that the manner I retained him was by no means indecent - After the business was over I said to Mr. Phillips, "If there is nothing indelicate in it I should like to retain you," and he said, "I don't see that there is;" this is the second prosecution I have had, and Mr. Phillips is the only gentleman I have employed - I went to Newgate in consequence of this letter in my hand; it was not particularly to see the prisoner - there were two persons in Newgate, and I did not know which of them it came from; the prisoner denied all knowledge of it, there was no question asked him with reference to the charge.

(The letter was here put in and read.)

"Wagner and Co., Greek-street, soho.

If you will not prosecute, a disclosure will be made, by which you may save from 3 to 500l.; twenty-four hours to think of it, after that too late. Newgate."

Cross-examined. Q. Had Mr. Wagner any other person in Newgate at that time? A. Yes - a woman, whose case stands next to this; the prisoner denied all knowledge of the letter: Mr. Wontner asked him some questions - I do not think I asked him two; Mr. Wontner asked the turnkey if he had heard the prisoner say any thing about the letter, and he said No.

MR. PHILLIPS. Q. Did the prisoner enter into any defence whatever, at the Police-office? A. No - I would not have given you orders, could I have imagined there was any indelicacy in it; it was after reading the letter, the prisoner said he would turn it in his mind.

COURT. Q. Did he not from first to last deny all knowledge of it? A. Yes.

  JOHN ROBERT CUFFLEY . I am an assistant to Messrs. Wagner and Chapman. I was present when the prisoner's box was searched, and this dozen of gloves were found; I said "Smith, I never entered these gloves;" the prisoner replied "Williams did:" I am certain he told me that - I went down into the shop, and got the day-book, and began to search it; the prisoner came to me, and asked for the book - I said he should not have it; the gloves were not then entered - I am certain that I looked back as far as to about the 9th of February; I am sure I looked at this page, which is headed the 24th; I searched the book back wards and forwards - I had occasion on the morning of the 25th of February, about eleven o'clock, to enter these returned silks in the book; I am quite sure that at that time, this page which has got the 24th at the top of it, was not filled up - the reason I am so certain is, that Mr. Cairns, our silk-mercer, called in to enter these silks, and I said to him,"How many are there?" he said, "A great many;" I said "Then I shall begin another page," but I am certain that the bottom part of this page, 211, was then vacant - this entry of the gloves to Mr. Smith, which appears at the bottom of the page, is the prisoner's own hand-writing; it is against the rule for a young man to enter in the book, goods he himself boys - I do not know an instance in which it has been done; the cost price of these gloves is 20s. - I took them in myself, but the price here entered is 18s.

COURT. Q. How were they to find out what was the cost price? A. By referring to us, the cost price being on every article.

MR. PHILLIPS. Q. Did the prisoner say when he made that entry? A. Yes; he said he looked them out on the morning of the 24th, and entered them the same evening, but I am quite confident they were not entered on the 25th.

MR. CLARKSON. Q. You say there is a rule that a person shall not enter the goods he purchases himself? A. Yes; I will swear there has not been twenty such instances in the last fortnight, nor ten, or one - there has not been such an instance since I have been there, to my knowledge.

Q. Have you been to any newspaper-offices on the subject of this charge? A. I did go to one; I did not pay any thing, nor supply any report, or give any information: I went on business for the shop.

Q. Did you not go on business relative to the prisoner? A. I went to see whether the information would be in or not; I did not go for the express purpose of having it put in exactly - I went to have it headed in a particular way; I wanted it headed "Robbery by a young man from the Messrs. Wagner and Chapman's," Mr. Wagner gave me no authority, but Mr. Phillips, who draws our advertisements did, and I thought it might give notoriety to the shop.

MR. PHILLIPS. Q. Was it done by yourself? A. No, nor by Mr. Wagner's order, to the best of my knowledge -I did not tell him of it.

  EDWARD WILLIAMS . I am the only person of the name of Williams, in Messrs. Wagner's employ: I did not look out a dozen of kid gloves, on the 24th of February, for the prisoner.

Cross-examined. Q. Is there a rule that no person shall enter the goods he has bought himself? A. Yes, and I never knew that rule to be violated.

MR. PHILLIPS. Q. Are the young men made acquainted with the rules? A. Yes - they are all entered in the first and second page of this day-book.

  THOMAS WILSON . I am a constable. I was sent for on the 27th; I saw the prisoner's box searched, and these gloves found in it - these stockings were found afterwards, they do not appear to have been worn.

  EDWARD WILLIAMS . I believe these gloves to be ours, they correspond with what we have; there is no mark upon them - they are worth 20s.

  THOMAS SIMMONDS . This entry, in page 211 in this book, I saw on the 27th, soon after the prisoner was taken, and it appeared to me to have been just made; these rules are made known to each of the young men - every one when he comes is told to read them.

Cross-examined. Q. Do you know of the prisoner's reading them? A. No; here is a rule - (reads) "Any gentleman purchasing goods must refer them to Mr. Macfarlane, who will enter them according to the costmark."

MR. WAGNER re-examined. Q. Is there any entry in this book made by the proper person, of a purchase by the prisoner? A. Yes, by Mr. Macfarlane and Cuffley; MR. Macfarlane is at home - the prisoner has been in our service since June last.

MR. CUFFLEY. Here is an entry of goods bought by the prisoner, and entered by me; Williams brought them to me to enter, and here is an entry made by Mr. Macfarlane.

MR. WILLIAMS. I remember looking at these articles, and having that entry made by Mr. Cuffley; on the 24th of February I was in the glove department, and I should have looked out any gloves that he wanted.

The prisoner put in a written Defence, denying that he was aware of the rule in question, and stating that the pressure of business caused so much confusion in the concern as to cause it to be conducted very irregularly, and the shopmen were constantly in the habit of purchasing goods and paying for them, without the knowledge of others.

COURT to MR. WAGNER. Q. How did you know the prisoner's box? A. He gave the key of it to the officer - he was not taken into custody for an hour or an hour and a half after.

MR. WILLIAMS re-examined. Q. Did you see the prisoner with the book in his hand after the officer had been there?. A. I saw him with the book; I do not know whether he had a pen in his hand or not; I was not aware the officer was there.

GUILTY . Aged 30

Transported for Fourteen Years .

 

784.   FANNY STOKER was indicted for stealing, on the 26th of February , 1 pair of silk stockings, value 6s.; 6 pairs of gloves, value 9s.; 1 steel pen, value 1s.; 1 dozen of boot-laces, value 9d., and 2 dozen of other laces, value 1s. 6d., the goods of   George Wagner and another .

MR. PHILLIPS conducted the prosecution.

  GEORGE WAGNER . I am in partner ship with   William Chapman - the prisoner was in our service. I sent for an officer on the 26th of February, and this pair of silk stockings was found in a box, which she acknowledged to be hers; I asked her where she got them - she said she purchased them at a shop in Oxford-street; I said, "That will not do for me, are the initials of your predecessors on them?" she then said she bought them of a young man in the shop.

  JOSEPH ROADS . I am a constable. These articles were all found in the prisoner's box - they all appear to be new; these stockiongs were among them; the prisoner said at first that she bought them in Oxford-street: Mr. Wagner said they had belonged to Jenner and Soppet, their predecessors; the prisoner then said she had forgot herself, for she had bought them of a young man in the shop.

  JOHN ROBERT CUFFLEY . I was present, and saw the stockings and other things found in the prisoner's box - she first said she bought them in Oxford-street, and then she said she gave 8s. 6d. for them to a young man in the shop; I remarked, that if she had bought them in the shop, she would have got them for 6s., for that was the price marked upon them.

Prisoner's Defence. I bought two pairs of stockings of a young man in the shop, one Saturday evening, and paid 13s. for them; I was not present at the time my box was searched - my things were all out upon the bed when I first saw them.

GUILTY . Aged 26.

Transported for Fourteen Years .

 

785.   JAMES TAYLOR and   CHARLES AUSTIN were indicted for stealing, on the 14th of March , 1 basket, value 6d.; 13 shirts, value 8l. 10s.; 14 napkins, value 1l.; 14 pairs of stockings, value 28s.; 24 towels, value 30s.; 4 table-cloths, value 3l.; 8 neckerchiefs, value 16s.; 20 handkerchiefs, value 3l.; 4 shifts, value 20s.; 5 cravats, value 10s.; 3 pairs of drawers, value 9s.; 2 table-covers, value 3s.; 6 petticoats, value 30s.; 3 caps, value 3s.; 1 pillow-case, value 1s.; 9 shirt collars, value 9s.; 1 gownbody, value 2s.; 4 waistcoats, value 10s., and 1 pair of sleeves, value 1s. , the goods of   Rebecca Clark .

  REBECCA CLARK . I am single, and am a laundress -I live in Palmer's-village, near Lady Dacre's alms-houses, Westminster. I gave a basket, with all these things in it, to Austin, to take to Mrs. Clows,  Parliament-street, Westminster - I have seen the articles since; these are them - I knew him before, but I know nothing of Taylor.

  JOHN HORNE . I was serving some customers with newspapers on the 14th of April, at the bottom of St. Martin's-lane - I saw the two prisoners and another; Taylor was carrying the basket - he walked on one side, and the other two on the other side; I thought they were rather suspicious, and mentioned it to a constable, who went and asked Taylor some questions; the other two ran off towards the Seven-dials.

  JOHN SHIELDS . I am a constable. Horne came to me and said three chaps had gone up the lane with a heavy basket, whether it was plate or not, he did not know - I ran up the lane, and overtook Taylor with the basket across his shoulder; Groom then came up - we took Taylor to the watch-house with this basket of clothes; St. Martin's-lane is a great way beyond where Austin was to take the basket - Taylor said he was going to take it to Marylebone.

  JOHN GROOM . I observed Austin and another lad, between three and four o'clock, carrying a hat - I then looked over the way, and saw Taylor with a basket; Shields had just got hold of him; Taylor said in the watch-house, that Austin had given it to him to carry; we went after Austin, but could not find him - Taylor sent us to a place, but it was not right.

  DAVID PHILLIPS . I apprehended Austin on the 17th of March, in Westminster; he said he meant to give himself up to me; it was about a quarter before twelve o'clock at night.

TAYLOR's Defence. I went to see my uncle, who was on his death-bed, and on my way home I saw two young men coming up the street with a basket - they asked if I would earn a shilling to carry it to Marylebone.

AUSTIN's Defence. I had the basket to take to Parliament-street; I felt hungry, and gave a boy a penny to get me a loaf; I set down the basket to rest myself, and went to look for the boy, who was gone a long while - I told two young men to look after the basket while I went- I could not find the boy, and when I came back the basket and the young men were gone.

TAYLOR - GUILTY . Aged 19.

AUSTIN - GUILTY . Aged 21.

Transported for Seven Years .

 

786.   RICHARD WELFORD was indicted for stealing, on the 24th of March , 1 gold watch, value 10l., and 1 gold key. value 5s., the goods of the Honourable   Edward Cust , in his dwelling-house .

  CHARLOTTE LANGLEY . I am in the service of Colonel   Edward Cust ; he lives in  New-street, Spring-gardens . On the 24th of March, the prisoner came to assist a man, named Collins, in putting down the drawing-room carpet, about four o'clock in the afternoon; they staid till about half-past five o'clock, and when they were gone I missed a gold watch, which I had seen about a quarter-past five, while they were there; there had been no strangers there.

  JAMES COLLINS . I employed the prisoner to go and put down the carpet; he went away before we had quite done putting the carpet down - I went and fetched up the servant to see if any thing was missing, and she missed the watch.

  JOHN STOCKHAM . I have known the prisoner several months; he came to my house on the 25th of March, and had a pint of porter, and asked what he owed me; I said I thought about 1s. 6d.; he was tipsy - he pulled a paper of money out of his waistcoat pocket, in which I saw a good deal of silver, and two pieces of gold - one piece was a sovereign.

  EDWARD JOHN HANDLEY . On the night of the 25th of March, I found the prisoner drunk at his apartments; he muttered something, but I could not understand what -

there was a woman there, who said he had not been at home all night.

  MARTIN HUGHES . I live in Brewer-street, Golden-square; the prisoner called at my house, but I cannot say on what day; he said, "I have made a purchase, and I will leave you a sovereign, for fear I should drink it; don't let my brother or sister have it;" I afterwards received a note from him by the constable, to give the money to his sister, which I did.

Prisoner's Defence. I went to make a purchase there, and left a sovereign because the man was not at home.

NOT GUILTY .

 

787.   CHARLES BUTLER was indicted for stealing, on the 17th of March , 4 loaves of bread, value 1s. 6d. , the goods of   Andrew Bone .

MR. BARRY conducted the prosecution.

  ANDREW BONE . I am a baker , and live in  Royal Hospital-row, Chelsea ; the prisoner was in my service. On the 17th of March, I came down stairs, and stationed myself in the back parlour, where there is a window looking into the shop: the prisoner was putting his bread into the basket, and I heard him say to my housekeeper, "There are two-thirteen," meaning two 4 lbs., and thirteen 2 lbs. loaves: I then came into the shop, and saw four loaves, which the basket would not hold, tied in a baize; I thought there was more than two-thirteen, and I sent the prisoner out with a baking; I called in Mr. Smith, and counted the bread in his presence - I found there were two 4 lbs. and seventeen 2 lbs. loaves; I let him go out, and take the whole of the bread with him; when he returned he only accounted for two and thirteen: I then sent for a constable.

Cross-examined by MR. PHILLIPS. Q. How much bread did he bring back? A. I am not certain; I looked, but I have forgotten what it was; I saw the housekeeper enter the bread from the slate, and he told her there were two and thirteen - I have not got the slate or the book here; my housekeeper has made mistakes in entering the loaves, but I saw this entered myself.

MR. BARRY. Q. Did you know, when he returned, what deficiency there was? A. Yes: what he brought back, and what he booked to the customers, only made two and thirteen, and it should have been two and seventeen.

  NICHOLAS SMITH . I am a tailor, and live at Chelsea. I was called in by Mr. Bone, and saw the bread counted - there were two and thirteen in the basket, and four in the baize.

Cross-examined. Q. Did you see the housekeeper? A. Yes; Mr. Bone took the bread out of the basket, counted them, and put them in again.

COURT. Q. Where was the prisoner? A. I understood he went out for a baking; he then came back, and took out two large loaves, and seventeen small ones.

  WILLIAM WALKLEY . I am a constable. I took the prisoner on the 17th of March, going by the King's-mews; I asked him what could induce a young man like him to rob his master, having such good wages; he said he found he had four 2 lbs. loaves over what he had accounted for, and he thought he might as well sell them, and apply the money to his own use.

Cross-examined. Q. Did he know you? A. Yes; he served my house with bread - he did not deny it in his master's shop, in my presence.

Prisoner's Defence. I had mistakes with the housekeeper frequently; my master was not present this day at all.

NOT GUILTY .

 

788.   JAMES WHITE was indicted for stealing, on the 23d of February , 1 hat, value 4s. , the goods of   Samuel Levi .

  SAMUEL LEVI . I am a salesman , and live in  Great James-street, Lisson-grove . I lost a hat from the door, on the 23d of February; I had seen it safe five minutes before.

  JOHN LILLY . I lodge at Mr. Levi's house; I was looking out at the window. and saw three sweeps coming by; two of them stopped, and looked at the bats - they waited a bit, and then the prisoner, who was one of them, took a hat, and gave it to another, who ran off; the prisoner stopped, and looked in at the window; I went with the prosecutor, and took him - the other was gone; I am certain he is the person - it was light enough to see him; it was about half-past five o'clock.

The prisoner put in a written defence, declaring his innocence.

NOT GUILTY .

 

789.   RICHARD PROUTING was indicted for stealing, on the 23d of March , 1 coat, value 30s. , the goods of   Thomas Pickett .

  THOMAS PICKETT . I am a coachman , On the 23d of March, I lost a coat from my lodging, No. 10,  Park-street ; the landlady told me that a man had gone out with it; I went out, and saw the prisoner with it - he threw it down; I took it up, ran after him, and took him - I lost sight of him, because he ran through a house that is under repair, but I am sure he is the person.

Cross-examined by MR. BARRY. Q. What time was this? A. Between four and five o'clock in the evening; I had seen him in the house before - he had got some distance in the street before I saw him; I saw his back, and he looked round sideways - I do not think I am mistaken.

COURT. Q. I understand you to say you saw him taken? A. Yes; he was standing up in a corner behind a house - he had leaped over a wall.

  BENJAMIN HOLLOWAY . I am an officer. The prisoner was given into my charge in the watch-house, in Mount-street.(Property produced and sworn to.)

Prisoner's Defence. I acknowledge being in the house, and sat by the side of the prosecutor some time; he was playing at dominoes - I was going to Mr. Eagle's; when I went round the building, the coachman jumped over a wall, and took me.

  THOMAS PICKETT . I had been playing at dominoes with a friend.

NOT GUILTY .

 

790.   JAMES DEARMAN was indicted for stealing, on the 7th of February , 100 lbs. weight of butter, value 4l., and 1 cask, value 8d. , the goods of   Issac Benton .

  ISAAC BENTON . I am a waggoner . On the 7th of February, I had a tub of butter, which I had taken in at Ely- I lost it between  Hoddesdon and London; I missed it when I got to the Catherine Wheel inn, Bishopsgate,

street; Wilson shewed me this head of the cask at Ponder's-end - it could not have fallen out.

  JOHN WILSON . On the 9th of March I had a warrant to search the prisoner's house at Enfield-highway. I found a tub of butter buried in the garden, with this head on it - I asked him where he got it; he said it was immaterial to me; there was about 20 lbs. of butter in it - no one lives in the cottage but him and his wife.

Cross-examined by MR. PHILLIPS. Q. What are you? A. A constable of Enfield; this was full five weeks after the tub had been lost.

  EDWARD SANDERS . I was with Wilson, and found the butter, on the 9th of March; Enfield-highway is in the road from Hoddesdon to London.

NOT GUILTY .

 

791.   WILLIAM SMITH and   JAMES BOTTONMEY were indicted for stealing, on the 4th of March , 3 pairs of shoes, value 6s. , the goods of   Thomas Evans .

  THOMAS EVANS . I am a shoemaker , and live in  Fitzroyroy-court . On the 5th of March the officer brought three pairs of women's shoes to my house - they were mine; I do not know when I had seen them, but I can swear to them.

  WILLIAM ECKETT . I am an officer. On the 4th of March, about half-past one o'clock in the day, I saw the prisoners in Tottenham-court-road - they were about ten yards apart; Smith passed me first, and then I saw Bottonmey pass with something under his coat - I said,"What have you got?" he said, "What is that to you?" I stopped him, and found two pairs of shoes - he called out to Smith, "I am stopped, come back;" he came back, and I found one pair on him - I took them to the office; they said they had bought them of a man in the street for 6d. a pair - I asked them what part of the road they bought them; they said they did not know, and if they did they should not tell me.

BOTTONMEY's Defence. We did not tell him we gave 6d. a pair for them but 1s. 6d.

JURY to   THOMAS EVANS . Q. How do you know the shoes? A. By the work of them: there is no mark on them, but I can tell every man's work who works for me; these were manufactured in my own shop.

NOT GUILTY .

 

792.   JOHN MULLINS was indicted for stealing, on the 17th of March , 1 glass salt-celar, value 1s. 9d. , the goods of   John Francis .

  JOHN FRANCIS . I am dealer in china and glass . Between eight and nine o'clock in the evening of the 17th of March I was in a court near my house, and saw the prisoner and another boy in front of my house - I saw the prisoner take the salt-cellar from the table; I pursued him, and he threw it down - I came up to him and gave him in charge; I hear that he has a good character up to this time.(Property produced and sworn to.)

The prisoner received a good. character from his master, who stated he would take him into his employ again.

GUILTY. Aged 15.

Recommended to Mercy . - Fined 1s. and Discharged.

 

793.   JAMES HENRY LOWMAN and   JOHN HURDLEY were indicted for stealing, on the 4th of April , half of a pig's head, value 1s. 4d. , the goods of   John Rock .

  JOHN ROCK . I lost half a pig's head on the 4th of April, from under my window, in the  New-road, St. George's in the East - I had seen it there with some others; I did not miss it till the officer brought it, between nine and ten o'clock - Lowman was in my employ, to assist me in serving customers and looking out; I had missed it about ten minutes before Hurdley was brought back, and had inquired of Lowman about it, but I did not know it was taken.

  THOMAS FOGS . I saw Lowman at the window, and Hurdley walking backwards and forwards; Lowman took this half head off the stall, and put it under it; Hurdley came and took it, put it under his apron, and took it off - I am sure Lowman saw him take it; I followed Hurdley, and asked where he got it; he said he bought it of a man - I said "I will take you back to the man;" I went back and asked Lowman if he had sold it; he said he knew nothing about it - I saw Mr. Rock in the house; I was in an opposite shop watching them, from information which I received.

LOWMAN's Defence. I was standing on the curb stone eating my supper; I saw nothing of it.

HURDLEY's Defence. I saw this half head on the pavement and took it up - I thought some person might have dropped it.

LOWMAN - GUILTY . Aged 18.

Whipped and Discharged.

HURDLEY - GUILTY . Aged 18.

Confined Seven Days .

 

794.   ALFRED HAWKINS was indicted for stealing, on the 4th of April , 2 seals, value 50s.; 1 watch-key, value 10s., and 1 ring, value 10s., the goods of   John Hoyle , from his person .

  JOHN HOYLE . On Saturday evening, about seven o'clock, I was walking down  Coventry-street - the prisoner put up his hands, and I put out my arm; he immediately made a snatch at my seals - the chain broke, and he got the seals, ring, and key - I did not see much of his face, but I pursued, and never lost sight of him till lie was taken.

Prisoner. Q. Did you not give charge of another person first? A. When I pursued the prisoner I was much agitated, and first laid hold of another person, but I saw my mistake, and said "That's the person," meaning the prisoner, whom an officer then had hold off; one of my seals was found in an area.

  WILLIAM ALLCOCK . I am a patrol of St. James' Westminster. Between seven and eight o'clock on this evening I heard a noise, as I stood between Princes-street and Rupert-street; I turned the corner and saw the prisoner in Franklin's custody - I heard some person say he had dropped something down the area, which he was standing on; I went and got this seal out of the area.

  THOMAS FRANKLIN . I heard a cry of Stop thief! and saw the prisoner running; I collared him - he was then on a grating; I saw him put his hand behind him, and drop something; I told Allcock of it, and he got it; the prosecutor came up, and took hold first of a man who had got hold of the prisoner's shoulder.

Prisoner's Defence. I ran with the rest of the crowd, and was stopped by a private individual; I asked what he arrested me for - before he had time to answer, the prosecutor and the officer came up; the prosecutor gave charge of a person standing by; he then turned, and said,"That is not the person, this is the person;" I said I was innocent, and would accompany him where he pleased.

JURY to MR. HOYLE. Q. Were any other persons near the grating when the seal was dropped? - A. Yes, several persons; there was a crowd about.

Court. Q. Did that other person stand near the grating? - A. He came in a contrary direction; he was on the side of the prisoner.

GUILTY . Aged 36.

Transported for Fourteen Years .

 

Fifth Middlesex Jury - Before Mr. Sergeant Arabin.

795.   JAMES GATES was indicted for stealing, on the 11th of February , 1 great coat, value 5s., and 1 pair of gloves, value 2d. , the goods of   James Wilks .

  JAMES WILKS . I am a pork-butcher , and live in Essex. I lost my great coat and gloves from the seat of my cart while I went into a gentleman's house at  Hackney , a little after three o'clock, on the 11th of February; I had been into two houses before; when I came out of the house, a young man met me, and said my coat was gone - he said, "Pop through this back way, into London-lane, and you will see him;" I did so, and saw two persons a long way from me; I called Stop thief! and they both set off running; the other person, not the prisoner, had my coat under his arm; when they had ran about three roods, the young man who had my coat dropped it; I collared him, and told the people to take the prisoner, who was the other one; the young man who pursued the prisoner, took up my coat - this is it; but the man who had it, got away.

  GEORGE HAWKINS . I was at Hackney, and saw the prisoner step on the wheel of the cart, and take the coat off from the off-side; he threw it over his right arm, and went to London-lane, when he gave it to the other, and they walked away together - I told the prosecutor of it, and we followed them; the one who had the coat threw it down - I took it up, pursued, and saw the prisoner taken.

  CHARLES KEYS . I did not see the coat taken; Hawkins told me of it; I went and told the prosecutor - we went after them, and I saw the one who has escaped drop the coat; the prisoner was one of them, and he was taken.

  HENRY HARRINGTON . I produce the coat. The prisoner was given into my custody on the 11th, but he escaped, and was re-taken by a Bow-street officer on the 15th, from the description which I gave of him.

GUILTY . Aged 19.

Confined One year , and Twice Whipped .

 

796.   HORATIO ELISHA was indicted for stealing, on the 14th of January , 1 watch, value 2l.; 1 watch-chain, value 30s.; 2 rings, value 5s.; 1 seal, value 5s.; 1 watch-key, value 5s., and 1 slide, value 5s. , the goods of   Gerard Wilkins Skudder .

  GERARD WILKINS SKUDDER . I am a sugar-refiner , and live in  Church-lane, St. George's in the East . The prisoner is connected with my family by marriage, but I did not know he was in the habit of visiting at my house; on the 14th of January, about ten o'clock in the morning, I left my watch at home while I went to the sugar-house, in Wellclose-square; I returned about one o'clock, and then missed it from the sideboard in the dining-room - it was afterwards produced by the pawnbroker.

  MARTHA HAWKINS . I am servant to Mr. Skudder. He went out on the 14th of January; the prisoner came to the house, and brought a note for me to take to my mistress; I took the note to her, and told him to wait outside the door; he said he was very tired, and I asked him to sit down in the parlour - when I returned, he was in the same place in which I left him; I then went and got a few things, which my mistress told me to give him - when he was gone, I missed the watch; he had to go upstairs to get at the room where the watch was.

  PHILIP PARISH . I am a Bow-street patrol. I met the prisoner accidentally, last Thursday week; I told him I apprehended him on suspicion of stealing a watch in the neighbourhood of Whitechapel; he said, "I suppose you mean Skudder's watch - that has been settled some time; my aunt wanted to redeem it next day:" he did not tell me where the watch was, but I heard it had been found before that.

  EDMUND JULIUS SUTTON . I am an assistant to Mr. Miller, a pawnborker, in Kingsland-road. I have a watch, pawned in the name of   John Norton ; I have very little doubt it was pawned by the prisoner.

GUILTY . Aged 23.

Transported for seven Years .

 

797.   MARY EGAN was indicted for stealing, on the 6th of April , 22 pairs of stockings, value 18s. , the goods of   Clement Plant .

  DANIEL MARSHALL . I live with Mr.   Clement Plant , a hosier and glover , of  Piccadilly . On the 6th of April, between twelve and one o'clock, I saw the prisoner walking by the shop - she stopped at the shop door, and snatched the stockings off a roll of flannel; I ran after her, and gave an alarm - she was taken in my sight, with them.

  GORDON CLARK . I am a watchman. I heard stop thief! called, and stopped the prisoner - she dropped these stockings in the kennel as she was running.(Property produced and sworn to.)

Prisoner's Defence. I was waiting at a public-house, with my children, while my husband went to Jermyn-street, to see about some work, and as he was gone a long time I went to see for him; I saw a woman in black running between the coaches, and I thought she was in danger- I ran as well as I could; my shoes were slip-shod, and my feet were blistered - the witness then came up and took me; I did not know what for till I got to the watch-house. - I have not heard of my husband or children since; I was not the person who dropped the stockings.

GUILTY . Aged 34.

Transported for Seven Years .

 

798.   JOHN CARTER and   WILLIAM CLARK were indicted for stealing, on the 3d of March , 1 pair of scales, value 2s. , the goods of   Martin Day .

  MARTIN DAY . I keep a small shop in the general line , at  Hoxton Old-town . The two prisoners came to

my shop, and asked for a pint of table-beer - while I was drawing it, Carter took the scales off the counter, and ran off; Clark held the door, and shut him out and me in -I pulled the door open, put my head out, and cried Stop thief! a young man was going by - he ran and brought Carter back with the scales; I detained Clark.

  THOMAS BULFORD . I was coming across the road, and saw Carter running - I went and asked what was the matter; Mr. Day told me - I ran and stopped Carter about two hundred yards from the shop; I had seen something under his arm - the scales were picked up at the back of the back-house, which he had passed.

  CHARlES CONSTABLE . I was sent for, and took the prisoners.(Property produced and sworn to.)

CLARK's Defence. I went to buy a penny loaf; I then saw a hey run by as I was going into the door - the man called out Stop thief! and kept me in the shop; I know nothing about the scales.

Two witnesses gave  Carter a good character.

CARTER - GUILTY . Aged 16.

CLARK - GUILTY . Aged 17.

Whipped and Discharged.

 

799.   BARNEY CANE was indicted for stealing. on the 28th of November , 1 tea-pot, value 2s. , the goods of   George Johnstone .

  MARY JOHNSTONE . I am the wife of   George Johnstone . On the 28th of November the prisoner came and asked for a job as a tinker - he goes about to do that sort of work; I said I had a tea-kettle to mend - while he was waiting he took up the tea-pot, which was on the table, he said it wanted a knob, and he would solder it on into the bargain; he went away, and I did not see him any more till February last, when I saw him intoxicated in bed, and gave him into custody - I had seen him once before in Broad-street. St. Giles; he told me he would give me the tea-pot if I went to his room, where his old woman was - I went a little way, and a man who was with him caught hold of me while he got away.

  WILLIAM JOHNSTONE . I am twelve years of age. I did not know the prisoner till he came to my mother's room to ask for a job; she said she had a job for him, and he went off with the kettle and tea-pot.

Prisoner's Defence. I got tipsy, and lost them.

NOT GUILTY .

 

800.   JOHN CLIFTON was indicted for stealing, on the 26th of March , 1 portmanteau, value 38s. , the goods of   Thomas Lane and   Allen Billing .

  JOSHUA JUDGE . I am a Thames Police constable. On the 26th of March, about eight o'clock in the evening, I met the prisoner running with this portmanteau on his shoulder. in the Strand. about a hundred yards from Messrs. Lane and Billing's; I found him up Southampton-place, and saw the portmanteau lying on the ground in a little court on the left - I went up the court, and found him concealed in a privy, about fifteen yards from the portmantean.

  JOHN BRODRICK . I am in the employ of Messrs. Thomas Lane and Allen Billing. This trunk is theirs, and was inside their shop, on a rack; about twenty minutes before eight o'clock I heard a noise, went to the door, and found it lying on the pavement - I took it up, and put it in its place; in about seven minutes it was gone again - the officer afterwards brought it back.

Prisoner's Defence. I was standing at the corner of Beaufort-buildings - a man came up and told me to take this up the court, which I did; I heard some one say it was stolen - I put it down, and tried to get out of the way.

GUILTY . Aged 28.

Transported for Seven years .

 

801.   FREDERICK BOTHWICK was indicted for stealing, on the 20th of February , 9 pairs of shoe uppers, value 6s; 12 pairs of soles, value 4s. 6d.; 13 pairs of linings. value 1s.; 1 pair of boots, value 3s. 6d.; 1 pair of upper leathers, value 1s. 4d., and 3 lasts, value 10d. , the goods of   Roche Bullen .

  ROCHE BULLEN . I am a shoemaker , and live in  Punderson's-place, Bethnal-green-road . I employed the prisoner to work and lodge in my house - he had soles and other leather to make shoes of, but I suffer no one who works on my premises to take any thing off; he lodged with me by the week. On the 20th of February he had the articles mentioned in his possession, and a pair of woman's boots to stretch; it was his duty to work in my house - he left me on the Friday without notice - his week was up on the Saturday night - he had been four or five weeks with me, and owed me money; all I have got of my property is one pair of lasts, which I found on the 4th of March at his lodgings.

  SAMUEL NELSON WILLIAMS . I am a shoemaker. I went with the prosecutor and officer to search his lodgings - we found this pair of lasts there; on the 20th of February I was going to lodge in the prosecutor's house, and I went into the back room to get a light - I found there was no one there; there were two seats in the room, but I saw there were no tools in them - I opened a cupboard, where the prisoner used to put his work. and there was nothing there; I told the prosecutor's wife of it; there was another man there, who went away the same night the prisoner did.

  WILLIAM THOMAS . The prisoner and another man came and took my lodging at 4s. a week, at No.6, Friar's-place.

  ROBERT DAINTRY . I was with the prosecutor when the lodging was searched - I found these two lasts.

Prisoner's Defence. The two lasts were given me to work upon: the man who went with me told me they were his - the prosecutor made it up with him for 2l., and offered to make it up with me for the same.

  WILLIAM BOTHWICK . I am the prisoner's father - the morning he was to be sent to Newgate, the prosecutor sent for me, and said, "You can settle this if you like, by paying 2l. - the other man has paid me 2l.;" I said it did not lay in my power then, but if he would give me a month I would.

  JAMES JAMES . I was present at the time of the conversation which this witness speaks of.

GUILTY . Aged 23.

Confined Six Months .

 

802.   CHARLES NEWLAND was indicted for stealing, on the 3d of March , 2 loaves of bread, value 1s. 10d. , the goods of   Samuel Suggett .

The witnesses did not appear. NOT GUILTY .

 

803.   GEORGE COOPER was indicted for stealing, on the 6th of April , 1 box, value 3s. , the goods of   John Thomas Fisher .

  CATHERINE FISHER . I am the wife of   John Thomas Fisher - he lives in  White Horse-court, Prescott-street, Goodman's-fields . Last Monday this box stood on a table under the window; I had opened the window at the top and bottom to let in air - I saw the box safe about half-past ten o'clock, and missed it about half-past eleven; the officer brought the box and the prisoner with him - this is the box; I know nothing of the prisoner - there is an area to my house; it is a private house.

  JOHN VANN . I am an officer. I met the prisoner, on the 6th of April, in Petticoat-lane, with another man, a little before twelve o'clock - the prisoner had this box under his arm: the other man was walking by his side; I asked the prisoner what he had got - (the other man got off;) the prisoner said it was his own property - I said he must satisfy me that it was so; when I took him to the watch-house he said it was of no use to deceive me, he had stolen it, and told me where - I went to look for the place, but could not find it; I went back and told him, and he said he would shew me where, which he did.

GUILTY . Aged 22.

Transported for Seven Years .

 

804.   DIANA CLEGG was indicted for stealing, on the 14th of March , 2 pillows, value 4s., and 1 sheet, value 1s. , the goods of   William Grigg .

  ANN GRIGG . I am the wife of   William Grigg , who lives in  Eagle-street, Red Lion-square . The prisoner took a furnished room in our house seven or eight weeks ago; her husband came at night - I cannot tell how they got their living; they told me he was a printer. but he never went out to work - they went away one day when their week was up, and took the key, without giving me notice; they owed me 15s. 6d - I broke into the room, and missed these things; the hair was gone out of four chair bottoms - they left a good many things behind; I went on the Sunday morning, and got the prisoner's address at the Infirmary, and the officer took her - I had taken her up the week before, but they promised to replace the things; her husband is in Court now.

  DAVID TRAIL . I am a pawnbroker. I have two pillows pawned by a female - I do not know who.

  THOMAS BECK WALTER . I have a sheet pawned by the prisoner, to the best of my recollection.(Property produced and sworn to.)

NOT GUILTY .

 

805.   ELIZABETH BEEVIS was indicted for stealing, on the 1st of April , 1 watch, value 4l.; 1 seal, value 4s.; 1 watch-chain, value 6d.; 1 watch-key, value 2s.; 1 pair of spectacles, value 12s.; 1 shilling, and 1 sixpence, the property of   John Williams , from his person .

  JOHN WILLIAMS . I am an officer of the customs . On the 1st of April, at a quarter before five o'clock in the afternoon, I was in  Wentworth-street, Brick-lane , going down on the left-hand side of the way; I saw some women on the other side - they came over to me - I think there were six or seven of them - about five of them got hold of me- I am sure the prisoner was one; she took the watch out of my fob while the four held me - she broke it from the safeguard and ran away with it; I cried Stop thief! and ran after her, but I was shuffled about by the other girls - she got into a house, and I could not follow her, but I gave the alarm, and she was taken about ten o'clock the same night - I am quite sure she is the girl, I said so at the time - and described her to the officer.

Cross-examined by MR. PHILLIPS. Q. Was it broad daylight? A. Yes; I described the girl to the officer; I should not know the others again - I am certain I was sober - I had dined on board the Resolution, in the London docks - I had a glass of brandy and water, cold, with my dinner, and a pint of porter about three o'clock, at the Three Crowns public-house, when I came out of the docks; there were no persons looking at the transaction when I was robbed - there were three men standing at a public-house door, but they did not come to my assistance - I saw no other persons in the street, if I were to die this moment; I saw the officer about a quarter past five o'clock - I was robbed about a quarter before five.

  THOMAS COX . I am headborough of Christ-church. -The witness came to me about a quarter past five o'clock, and stated he had been robbed of his watch, spectacles, and 2s.; he did not particularly describe the woman, but described the way in which he had been robbed; he appeared to me to be sober - he talked like a sober man -I did not go any where with him then, but about eight o'clock I went with my partner into Wentworth-street - we were standing at the corner of George-street - the prisoner passed us; the prosecutor said "That is the person who took my watch;" we took her to the watch-house - he said there positively that she was the woman.

Cross-examined. Q. Did he at all describe the person who had robbed him? A. He did not describe her particularly - but in the street he said she was the person: he did not appear to have been drinking; I found nothing on her that the prosecutor claimed.

  MOSES SIMMONS . I am a constable. I was with Cox; I did not see the prosecutor till eight o'clock - he was perfectly sober then; he positively said the prisoner was the girl who took the watch.

Prisoner's Defence. I know nothing of it - there are persons here who saw it done; the man was tipsy.

  WILLIAM SAKER . I am a cheesemonger - my shop is at the corner of Wentworth-street. I had been out with some goods, and was passing through the street about four o'clock; I saw the prosecutor there and three girls round him - I was about twenty yards from him; he was leaning against a wall with a great coat under his arm, and appeared to me to be quite intoxicated; the prisoner was not one of the girls who was near him - he was in liquor, and crossed to go to a public-house; I saw some stonemasons standing there who spoke to me, and I went to my own house.

  FELIX McCARTHY . I am a labourer, and work for Mr. Wood. I was in Wentworth-street on the 1st of April, at four o'clock; I was stopping for our beer time; I saw the prosecutor, but he is not now in the dress he was then; I saw two young women, one of them was arm-in-arm with him - he was quite tipsy; I saw him robbed; the prisoner was not one of the party at all; I told the foreman to go and take away the man's coat, as he was so much in liquor he would be robbed of it.

COURT. Q. Are you sure the prisoner is not the woman who robbed him? A. Yes; because I know the woman by sight, but not by name; I have seen the prisoner twenty times, but never exchanged a word with her: I know the woman who did rob him in the same way - one woman held him fast and another took his watch, then three or four more came and took hold of his pocket; I had a paper and 1s. to come here, and they told me I should have 3s. 6d.; I saw the woman who robbed him yesterday, and said it was a pity but she should be taken up.

  ELIZABETH SLACK . I know the prisoner. On the Monday before this robbery she came to live in the house where I live; on the day of the robbery, which was Wednesday, I was having tea with her in her own room at four o'clock; we saw a great mob, and went to see what was the matter - we went as far as the City of Norwich public-house, and saw the prosecutor very much in liquor; he said he had been robbed of his watch, spectacles, and 2s. in money; the prisoner had no act or part in robbing him; there are many women of the town there.

COURT. Q. What is the prisoner? A. She only did needle-work ; I did not know her till the Monday before this robbery; there are two lodgers in that house besides me; my husband is a bricklayer, and he came home at four o'clock to tea; the prosecutor was very drunk, and nearly fell through a window - the prisoner went home with me directly, and was taken at eight o'clock when she was coming out of her own door; the prosecutor had a coat on his arm; he accused every one of robbing him, and said to several persons passing by, "Give me my watch;" he told some of the men that they drove against the woman; the prisoner had been in the house all day.

MR. SAKER. I saw the prosecutor have a coat on his arm; I have no interest whatever in the fate of this prisoner; I heard of this robbery when I got to the stonemason's, twelve or fourteen yards further.

NOT GUILTY .

 

OLD COURT.

FOURTH DAY. MONDAY, APRIL 13.

First Middlesex Jury,

Before Lord Chief Justice Tenterden.

805.   WILLIAM CRAWLEY was indicted for feloniously assaulting   George Monro , on the King's highway, on the 18th of January , putting him in fear, and taking from his person and against his will, 1 watch, value 40l.; 1 chain, value 6l.; 2 seals, value 3l., and 1 key, value 1l., his property .

  GEORGE MONRO . On Sunday, the 18th of January, between twelve and one o'clock in the morning, I was going to my lodgings, No. 44,  Kirby-street, Hatton-garden , from Leadenhall-street; I had been drinking - five men met me about the end of Fleet-market; I think they were standing there; they all followed me up Holborn-hill, along Hatton-garden, into Kirby-street; they joined me - and one of them laid hold of my arm; they appeared, or pretended to be, in liquor.

Q. Where did one of them take your arm? A. I think it was in Hatton-garden; on turning into Hatton-garden out of Holborn; I believe they talked to me; they asked me, I believe, where I lived - I told them; they followed me into Kirby-street, opposite my lodgings; they there surrounded me, struck me two or three blows, dragged me to the middle of the street, or rolled me, and robbed me of my watch; it was a gold watch, and cost forty guineas -I think only one of them took hold of my arm; two of them were dressed in white flannel jackets, I think; the others were in dark clothes; they were all strangers to me; I saw my watch go - the man who took it handed it to another; as soon as they took the watch they disappeared, and left me laying in the centre of the street; I have no recollection of the prisoner.

  MARY ANN O'HARA . I live at No. 7, Hatton-garden. I was standing at our street door with my brother between twelve and one o'clock, on a Sunday morning, in January - five men passed me with Mr. Monro - one man had hold of one arm, and the other had hold of the other arm, by Mr. Mouro's side; he was in liquor; I watched them - they stopped at the next door to me, and two of them wished him good night, after one had put his hand into his pocket behind; those two left him, then crossed, and turned up Holborn, the other three went on with him along Hatton-garden till they were out of my sight, and then I sent my brother to watch them - one of those who left him wore a flannel jacket, and one that went on with him; I cannot positively say whether the prisoner was one of them.

  FRANCIS O'HARA . I was with my sister, and saw five men and a gentleman pass our door - I now know that was Mr. Monro; two left him and went towards Holborn - I followed them along Hatton-garden; I believe the prisoner to be one of those who left Mr. Monro and went up Holborn; he was one of the two who had flannel jackets on - he was talking to Mr. Mobro; I followed Mr. Monro and the other three - I saw them turn into Charles-street; the two who had gone away came down from Leather-lane - they walked at a distance behind till they came to Kirby-street; the prisoner was one of those two I am sure; when they got into Kirby-street all the five surrounded him, the prisoner among them; Langham, one of the others, went to look at a door, and before he returned they knocked Mr. Monro down - I saw his watch swinging round from one to another; they then all ran away down Union-court, and Langham went up Charles-street; I saw Logan the watchman, immediately after, and told him to take Langham, for they had knocked a gentleman down; I went to Mr. Monro, and went to the watch-house with him; I had seen the prisoner before and knew him; I am sure he was one of the four present when Mr. Monro was knocked down and robbed.

Cross-examined by Mr. PHILLIPS. Q. Were you examined in this Court before on this subject? A. Yes; and said I knew Birmingham, one of the prisoners, before; I did not say I knew this prisoner - I said he was one of the men at the Police-office; I at first said I believed he was the man, but if he was, he had a flannel jacket on - I could tell better if the jacket was put on - and when I saw the jacket on, I said he was the man; I am between twelve and thirteen years old; I said at the office that I knew the prisoner before; I thought if I saw the jacket on I might know him better - I did not mention his name to the officer; the names of the three men tried last were read over to me; I did not see the prosecutor knocked down.

COURT. Q. It you did not see him knocked down, did you see that he was down and his watch taken? A. Yes;

but I did not see anybody strike him; I did not know the prisoner's name before; I at first said I believed him to be the man, but would not swear to him; the Magistrate sent for the jacket - I then said he was the man.

  JAMES ISAACS . I am a patrol. I was on duty on Sunday morning, the 18th of January - I was in Kirby-street, but saw nothing of the robbery - I was informed of it afterwards; four men were taken; I was at the apprehension of three of them in West-street - they could get to that street by Union-court - one of the four had a flannel jacket; and about twenty minutes to two o'clock, while I had hold of the three, I saw another man run by in a flannel jacket - it was at their apprehension; he was about the size of the prisoner, but I cannot swear positively to him; I knew the prisoner before - he lived in the neighbourhood, and has worn a flannel jacket ever since I knew him; I had not seen him from the time the others were apprehended till he was taken - before the robbery I was in the habit of seeing him in the neighbourhood

Cross-examined. Q. You knew him before, but cannot positively swear to him? A. I have known him many years; a flannel jacket is a common dress for a bricklayers' labourer , which I understand he has been.

COURT. Q. Did you see his face when he ran by? A. No, or I should have known him.

  JAMES TERRY . I am a constable. I apprehended the prisoner in Leather-lane, on the 28th of February, after the trial of the other prisoners - he was dressed in the coat he has on now; I knew him before - he usually wore a white flannel jacket and dark trousers; I heard of this robbery on the Monday following; I had not seen the prisoner in the meantime till I took him - I had been in the habit of seeing him in the neighbourhood before.

Prisoner's Defence. I can prove I have not worn a flannel jacket for months before this happened, and that I had been very ill for seven weeks before I was apprehended.

  JOHN McCABE . I have known the prisoner five or six years - he bore a good character; he was with me from half-past ten to half-past twelve o'clock on the night of the robbery.

Q. What night? A. On the 17th of January - on a Saturday night; he was standing with me in Leather-lane, where I was selling fish: he helped me home with my fish at half-past twelve o'clock; I live in Lamb and Flag-court, Clerkenwell, about five minutes walk from Leather-lane. He did not stay in my house two minutes - then went away saying he was going home to his father's; he returned in twenty minutes, and slept with me that night, in the same bed.

COURT. Q. Had you seen him the Saturday night before? A. Yes - he was at my place, but did not sleep there; I saw him on the Saturday night after the robbery, and every day till he was taken - he was standing with me when he was taken; he was not absent from the neighbourhood - he was backwards and forwards at my place, in Lamb and Flag-alley, every day, doing what he could for me; his father lives in Whitecross-street, St Luke's.

  JAMES TERRY . I took him in Leather-lane, with this man, at his fish-stall; I had passed that way many times before, but never saw him there.

NOT GUILTY .

 

Before Mr. Justice Gazelee.

806.   JOHN SHAW and   WILLIAM TUTTON were indicted for feloniously breaking and entering the dwelling-house of   Matthew Milton , on the 2d of December , at Hillingdon, and stealing therein 3 coats, value 11l.; 4 pairs of boots, value 4l.; 4 hams, value 2l.; 84 bottles of wine, value 15l.; 72 knives, value 6l.; 72 forks, value 6l.; 12 shirts, value 5l.; 1 piece of linen, value 3l.; 12 tablecloths, value 6l., and 1 pair of shoes, value 5s., the goods of the said   Matthew Milton .

  MATTHEW MILTON . In December last, I had a house at  Hillingdon ; nobody occupied it but my own family. On Monday morning, the 1st of December, about seven o'clock, I left the house, and returned about seven o'clock on the Tuesday evening; I had notice about two, that my house was robbed - I lost property to the amount of 200l or 300l.; I have since seen a pair of shoes, and two coats; the shoes had been on the mantel-piece in one of the chambers - I had seen them on the Sunday; one of the coats was in the breakfast parlour, and the other in the room next to where the shoes were; I lost three pairs of boots, and one pair of new ones, and some shirts.

  SUSAN DARLING . I now live with my father at Hurley, in Berkshire. In December, I was servant to Mr. Milton; on the 1st of December I was in the house alone - I went to bed after eleven o'clock; I left the house quite safe, and fastened up all the doors - I heard a noise in the night, but did not know what it was; I counted the clock, as it struck two - I was called up about half-past six by   James Laurence , the servant, who slept in the saddle-house, next to the stable; I went down directly - I found the window broken, and the shutter cut with a centre-bit; the shutter and window had been quite safe, and fastened the night before - the clock had struck eleven when I let Laurence out the night before; the noise I heard was as if a tub was being rolled along the room: when I got up I missed three pairs of boots and shoes out of the kitchen- the wine-cellar was broken into, but I did not know what wine was gone; I missed some knives and forks, and all the linen out of the drawers, which had been full - there were some table-cloths gone.

Cross-examined by MR. CLARKSON. Q. Did you miss any thing from the rooms near to the room you slept in? A. Yes; out of mistress' room, which is near mine, but not adjoining it - the drawers there were all broken open; I have never said I did not sleep at home that night - I am quite certain that I did.

COURT. Q. From what other rooms were things missing besides your mistress'? A. All the linen was gone, and one pair of shoes were gone from mistress' room; a pair of new shoes were gone from the back room, by the fire-place - the knives and forks were gone from the dining-room.

  JAMES LAURENCE . I was servant to Mr. Milton; I left him last Christmas-eve; I slept in the room by the side of the stable. On the 1st of December I went out about eleven o'clock; Darling, the servant, let me out - she came just outside the door, and then went in again; I heard a whistle when I went out - I did not look about in consequence of hearing it; I got up about two o'clock in the morning, to help the man get the horse ready to go to town; I went to bed, and got up again about half-past

five - I went out into the field, to fetch the cows in; I found a basket out in the field, about two hundred yards from the house- I knew the basket by a particular mark at the bottom; it was Mr. Milton's: I had been using it the night before, and left it in the kitchen - I went straight up to the house then, found the parlour window open, and the shutter bored with the centre-bit; I called up   Susan Darling : mistress had not gone away with master - she was in a house near to the place; I recollect that prisoner - they call him   John Shaw ; he came to me on the night the robbery was committed, at a little after five o'clock; he had been there before - he asked me if my master was at home - I said, "No, but I expected him home every minute;" Shaw is a rat-catcher - Master used to employ him to catch the rats about the place; when I said master was not at home, he said somebody had sent down word to him that Mr. Milton had some more rats that wanted catching - I said Mr. Milton had said nothing about it, and he went away directly.

Cross-examined by MR. CLARKSON. Q. You are sure you told him you expected your master home every minute? A. Yes.

  JAMES HIGGS . I live at Useley. in the parish of Hillingdon, and am a brick-maker. Mr. Milton sent for me on the 4th of December - it was then I heard of the robbery; on the Tues-morning, a little before eight o'clock, I saw two men go by the brick-kilns, with three large bundles - one man was a little taller than the other; I knew one by sight, but did not know his name; it was Burnham, who has suffered - the other was rather bigger than him; I saw them about a mile or a mile and a quarter from Mr. Milton's; the tall man had a dark straight brown coat on, with top boots - I have never seen him since; I noticed that the clothes he had on were a good deal too big for him.

Cross-examined. Q. How many persons have been tried here already for this? A. Two; one of whom has suffered.

COURT. Q. Was it two men, or a man and woman? A. A man and woman; the man was executed - the woman, I believe, is on board a ship.

  RICHARD SMITH . I live at the King's Head public-house, North Hyde, near Southall. I knew   Esther Shaw - she is the wife of the prisoner Shaw; I remember seeing her in the early part of December, on a Tuesday or Wednesday, three weeks or a month before Christmas -I heard of Mr. Milton's robbery the next night, I think; I saw her at my house a few minutes after nine o'clock in the morning, with two men - Burnham, who has been tried, was one; I cannot say who the other was: they had one pot of beer at my house - they had got three bundles; they might stay there twenty minutes or half an hour, and went towards Brentford - the nearest way for foot passengers to go from Hillingdon to Brentford is by my house; I did not see them come into the house, to know which way they came from; the other man was taller than Burnham; I know the prisoner Shaw - he was not the man - both Burnham and the other man were strangers to me: I do not know the other man - he had boots, a long coat, and a frill shirt.

  JOHN BURCH . I am a constable of Uxbridge, in the parish of Hillingdon. On Wednesday, the 3d of December, I went to Mr. Milton's house, at eleven o'clock in the morning; I examined the house - this was two mornings after the robbery; I found the back window broken, and the shutter bored with a center-bit; I found the back parlour door broken open, and the cellar door - I went up stairs; nearly all the locks of the drawers and cupboards were forced - I did not know Shaw before the robbery; he lived at Useley, which, I think, is in the parish of Cowley; I went there, and found Mrs. Shaw in bed - Shaw was not at home; I found this pair of shoes there, under the bed (producing them) - they are men's pumps; I also found a duplicate of two coats in Mrs. Shaw's pocket, pawned at Brentford, on Tuesday, the 2d: I found this hammer, a dark-lantern, a port wine-bottle, and a whistle there; I have the coats, which were taken out of pawn - the hammer has a crow-bar handle to it; I found the hammer below stairs, and the lantern up stairs - there is only two rooms, one up stairs and one down: I got the coat from Mr. Butcher, at New Brentford; I produced them here on Burnham's trial.

Cross-examined. Q. When did you search the house? A. On Wednesday evening, about eight o'clock.

  JAMES CHAPMAN BUTCHER . I am a pawnbroker, of New Brentford. I know these two coats: I received them both from   Esther Shaw , on the 2d of December - they were pawned for 1l., and remained with me until the Thursday following, the 4th of December; I then gave them up to Burch.

Cross-examined. Q. You appeared here in January, when two other were convicted? A. Yes.

  JAMES PIPER . I live at the Six Bells public-house, New Brentford; my father kept the house - I was there on the 2d of December, and between eleven and twelve o'clock two men came to the house; one was Burnham, and the other was a taller man than him - the taller man had boots on, a frilled shirt, and a long coat.

Q. Did any thing happen between the other man in a long coat and frilled shirt and any boatman there? A. yes, they had a fight; I should not know the tall man again, and cannot say whether either of the prisoners was the man; they went away after the fight was over, along with Fsther Shaw - she had come there after the fight was over; they went away directly the fight was over, up into the street - the tall man sat down on the stones after the fight; I do not know how long he sat there, but I saw him go away with the others.

  WILLIAM BAKER . I am a boatman. My boat was at Brentford on the 2d of December; I know the prisoner Tutton - I was at the Six Bells, Brentford that day: I saw Tutton sitting down in the tap-room, when I went in - he was dressed in top boots, a long brown coat, and a red waistcoat - I had been up into the market, and as I came into the tap-room, saying a man was having his mother cried down in the market, Tutton said it was his mother: I said it made no odds to me if it is your mother, but I should not like to talk of my mother being cried down; in about ten minutes a man came in, and said a man was having his wife cried down by two constables; I said, "Yes, that gentleman says it is his mother;" we then had words, and fought - I did not see any body there that I knew as belonging to him - there was a man dressed in a blue cut off coat: I saw that man go down with him when we went to fight - they said it was Burnham; I was not here at the last trial:

I am sure of Tutton - he had two bundles; he went and sat down on the stones against the stone-mason's yard, after the fight - I did not see what became of him after that, for we started off for the boat; I saw nothing more of either of them.

  JAMES PIPER re-examined. The tall man in a frilled shirt and dark coat, wore a red waistcoat.

Cross-examined. Q. You only speak of two persons being in the house? A. Yes; the one who fought was the one in a red waistcoat.

  THOMAS PIPER . I am the father of   James Piper , and keep the Six Bells. Tutton came in about eleven o'clock on the 2d of December, with a shorter man than himself; they had been in the house about twenty minutes, when the the boatman came down out of the market; they had words, went out, and fought - after the fight was over Tutton went and sat on the stones in the stone-mason's yard, with his head on his knees; I saw no woman at all; the other man was shorter than Tutton. I was not here on the last trial.

  JAMES HEMMING . I live at Hillingdon, close to Mr. Milton's, and worked for him. I know Shaw; I remember the time of the robbery - I saw Shaw five days before the robbery happened; he came to me while I was at work close by the premises, and asked if Mr. Milton was at home- I said No, he was not; he asked if mistress was at home- I said No: he then asked when I thought they would be home; I said I could not tell him: he said, "Your master owes me some money for catching rats, and if he don't came home, and don't pay me very soon, I will pay myself - it shall not be before long, and bl - y well to and all"- I have not seen him since that time.

  JACOB FRANCIS . I live at Brentford, and have known Tutton about four years; I saw him at the Six Bells one day in December; a shorter man than himself was with him - I do not know his name: a boatman came in, but they did not quarrel while I was there - I heard there was a fight, but did not go to it; it was on a market day.

  EDWARD JOHNSON . I am a constable, and live at Ball's-pond, Islington. I took the prisoner Shaw into custody on Tuesday, the 24th of March, at Ball's-pond; when I went into the house I told him I wanted him for a robbery in Essex; he said I must be mistaken, he was not the man -I took him to a public-house close by, and then told him I wanted him for a robbery at Hillingdon, near Uxbridge; after I handcuffed him he told me, provided he had been in the country, two like me should not have taken him: I took him to Islington watch-house, and on searching him found two letters in his hat, which I produce - I was going to take him to Queen-square; he said as we went along, that I should be very sorry that I took him; I said, "Why?" he said, "Because I am sure to be hung, and my wife will be transported."

COURT. Q. Are you sure, that before this, you had not said any thing to him to induce him to state any thing? A. I had not.

Cross-examined. Q. You told him at first you wanted him for a robbery in Essex? A. Yes, that was true; he made this statement next day, going to Queen-square; I had told him I wanted him for a robbery at Hillingdon - I was going along the Strand when he said this; I did not tell him not to say anything.

Q. Did you state this to the Magistrate? A. No, but I stated it to two Queen-square officers immediately I got there; my only evidence was that I had brought him to the office; I produced both the letters at the office - the Magistrate told me to take care of them, and produce them here; I took him on the 24th, and was before the Magistrate on the Thursday week after that: none of the conversation appears in my deposition, that I know of; I mentioned it to the clerk.(The letters being read were as follows:)

Post-mark February 13th, 1829. Newgate, 11th.

DEAR SISTER AND BROTHER, - This come with my kind love to you; I am truly hapey to inform you that I have got my pardon last night, at half past eleven o'clock, and thanks bee to God for it, but I am sorey to say that poor Burman his to suffer, and every one that his concerned in the robery, if they are catched the will bee shure to; had I heave been a man instead of a woman I cartainly must heave sufferd the same feat hos that poor man - I hope the Lord will heave mercey upon him; I fear the result of my unhapey sittuation will bee, that I shall be transported; for God aske let mee beg of you to com to mee has soon as possible you can, for I am not safe one day, from the conviet ship his now in the river to take the prisoners out of the countrey; I would not wish the greatest enimy I had in the world to suffer what I doo, both in bodey and mind; pleas to give my love to all, and that wishes to see me must delay no to time; I shall be glad to see any one that will com to me - this come with my love to you all I remain, your unhapey siste,   ESTER SHAW .

December 28th, 1828.

Dear Friend, I hope these few lines will find you as well as they leave me at present; I hope you do not think of delivering yourself up to Justice - I sent a letter by   George Skeggs , wich your wifesent to her father; she thinks it very hard that none of her relations have been to see her; all her freids speak very disrespectful of you, and I have heard some of them say myself, if they knew where to find you, they would deliver you into the hands of justise; your sister Hannah has got safely out of her trouble, but she knows nothing as yet of yours; my brother William and Potter both wish you well, and I think sincerely; I am sorry to add, that I could do little or nothing for you last night, but there are a great many friends, or at least I think them so, who have promised to come forward next week; for most of them had so much beer to pay for last week; I have been informed you have been as near as Southall, wish I think a very imprudent step - if you can manage to keep out of the way, I hope you will let me hear from you again before the Session commences, as you will always find me trustworthy; so no more at present from your sincere friend and well-wisher, T.P.

These Letters were without addresses, the backs being torn off.

  WILLIAM WOODBURY . I am a constable. I received Tutton in charge on the 9th of March last, at Chatham; I received him from the Magistrates there; the constable there gave me this bundle - he was present at the time; the constable is not here - it was delivered in his presence; he heard what was stated, and answered to it - the constable said, "I have found this in Tutton's room;" I am quite sure he heard it - I said "I know this waistcoat, this is the kind of waistcoat which Tutton used to wear;" (none of the property in the bundle belongs to the prisoners), it was a red waistcoat - Tutton answered and said, "I have worn that waistcoat, but it is not mine, it belongs to another man, who is gone away.

  JAMES HIGGS re-examined. Q. You stated just now, that on the day after the robbery Buruham and a taller man went by the brick-kiln? A. The tall man was dressed in boots, a coat, and frilled shirt - they were in

toxicated; the tall man said to Burnham, "If we had known it we would have had all the furniture;" the short man had two bundles, and the other one - I saw no woman with them.

MR. MILTON re-examined. Q. State more particularly what your loss was? A. There was a great deal of table-linen, shirts, a great deal of wine, and all my wife's linen; I should think six or seven dozen of wine - there were several bottles broken, all my wife's linen, all the sheeting and table-linen that was in the house; I cannot tell how much was actually taken out of the house - my wife kept an inventory of the things; there were six dozen knives and forks; I know the two coats produced - I had not worn this one above once, it hung up in the parlour, and the other hung up stairs - this is the pair of shoes which laid on the chimney-piece; I have had them many years.

  JAMES HIGGS . They were large bundles.

  EDWARD JOHN HANDLEY . I am a Police-officer of Queen-square. I was examined before the Magistrate; I only corroborate Woodbury's evidence as to what passed at Chatham.

  JOHN BURCH re-examined. The duplicate was produced at the last trial - I do not know what became of it; the officer got the two coats in consequence of that duplicate - I went to Mr. Milton's house, and examined the gravel walks under the window which was broken, and found patten-marks there; the window is about three feet from the ground, as near as I can guess - the back door is not very near the window; there is no out-house or privy between the back door and where the patten-marks were - I found no pattens in Shaw's house: I went there, but did not see him - his wife told me he was gone into the country: I searched after him - there was no warrant out against him.

  SUSAN DARLING re-examined. I saw the patten-marks; they were not made by me - I had no pattens at that time, nor did any female in the house wear them; mistress had none - I have worn some since.

  ANN IVES (here tendered herself to the Court as a witness). I am   Esther Shaw 's mother; the prisoner Shaw accompanied me from the Haymarket to Fleet-market when I was going to see my daughter in prison, and told me to ask her if he resigned himself up whether it would do her any good.

SHAW'S Defence. I was at St. Katharine's Dock at the time the robbery was committed; a man there, named   Thomas Williams , sent down to me a week before the robbery, saying if I would meet him at the   Brown Bear public-house any time I could go to work with him - when I went he was there, but was discharged from work; I staid drinking with him on Monday night, Tuesday, and up to Wednesday, when I returned to Brentford and slept at my wife's sister's - on the Thursday, when I returned home, my wife was absent and the child gone; I asked the people what she was taken away for - they told me. and saying, as I was her husband, whether I was a guilty man or not, if I resigned myself into the hands of justice, I must suffer; I believe, when the officer first apprehended her, she said she found the property, till I sent people to her to say her husband gave it to her, which I did, thinking she would get acquitted, being under the jurisdiction of her husbnad - I thought if I stopped away I should have a chance of having her home, but if I went home I must suffer, whether I was guilty or not.

TUTTON'S Defence. Baker says I had the bundles at the time I was at Brentford - does it stand to reason. if I was guilty of robbery I should go there to fight a man, having the stolen property exposed? On the Monday morning I went to ask a man named Weedon for work, his wife said he was gone to Islington - I called on the man whom I was going to work with, went into a public-house with him, and had something to drink: I was with him all Monday, Tuesday, and part of Wednesday - I came home over the bridge to the Six Bells public-house -I and Baker did fight, but I had no property about me, nor was I in company with any other man.

SHAW - GUILTY - DEATH . Aged 24.

TUTTON - NOT GUILTY .

 

Second Middlesex Jury.

Before Lord Chief Justice Tenterden.

807.   PATRICK KELLY was indicted for feloniously assaulting   William Roberts , on the King's highway, on the 15th of June , putting him in fear, and taking from his person, and against his will, 11 shillings and I sixpence, his property .

  WILLIAM ROBERTS . I am a plasterer . In June last, about the 15th, at half-past 11 o'clock on Saturday night, I was in company with   John Rogers , who is now at Chatham; we were going into Oxford-street from Drury-lane - We were passing the crossing of  George-street, St. Giles' , on the footway; I saw seven or eight men or more standing in the crossing, and as we passed it the prisoner threw back his hand and knocked the pipe out of Rogers' month - Rogers asked why he did it, and said if he had asked for it he would have given it him; Kelly replied, "B - r your pipe, I don't want a pipe, if I did I could buy it;" I am sure he is the man - I looked round and said "Never mind, it is not worth while saying any thing about it, come along;" I had no sooner spoken than Kelly hit me in the right side of my face, and knocked me down - a man, who was in the prisoner's company, said "Help up the young man;" he accordingly put his hand out to help me up - I only know he was in their company by his standing there with them; he said "Pick up the young man;" he began to help me up, and before I got on my legs the prisoner gave me a second blow on my right ear; Rogers then sang out for the watchman - the second blow knocked me down on the curh-stone; Rogers began to call the watchman, and then he was knocked down likewise - the same man picked me up again, and I felt him dragging my watch out of my pocket (that was not the prisoner); I put my left hand down to receive my watch, and said, "Young man, your assistance is not wanted, if you please - Rogers came up and said, "Roberts, have you got your watch safe?" I was then on my legs - I said "Yes, but I have lost all my money;" I had lost 11s. 6d. from my left-hand trousers pocket - I could not swear who took it.

Q. How do you know you lost it at that time? A. Because just as I was passing, I had my hand in my pocket, and I know it was there when I was knocked

down; the lamps were lighted, and I was confident of the prisoner, when I got up - when they saw the watchman coming, the prisoner and the man who helped me up, immediately ran away; most of the others also disappeared; the prisoner was pursued after the watchman came up, but we could not find him - the watchman told us to come there between four and five o'clock, as he might have a chance of seeing them; I and Rogers went and saw Jones, the watchman - we had not been talking to him many minutes before we saw the prisoner coming down a street very near George-street; we pointed him out to the watchman, he ran, and got into another street through an entry, and the watchman could not find him -I did not see him again till last March, when he was apprehended.

Cross-examined by MR. PHILLIPS. Q. When did you see Rogers last? - A. Not for six months; he went into the country to work - I had but one pint of porter the whole evening and was perfectly sober; I had never seen the prisoner before; it did not last above ten minutes - I was rather confused; I know the prisoner, because I heard him speaking to Rogers.

  GRIFFITH JONES . I am a watchman of St. Giles'. I remember Roberts coming down George-street, a little before twelve o'clock at night, on a Saturday in June -I saw him in George-street; another young man was with him; Roberts complained that he had been robbed, and described the person; I had known the prisoner before, and had seen him a great many times in that neighbourhood - the description given induced me to suspect him to be the man; I went to look for him, but did not find him; I advised them to come again in the morning at four o'clock, and they came - while they were with me, I saw the prisoner in Buckeridge-street, which runs out of George-street; he was in company with another man - Roberts said that was the person who knocked him down, pointing to the prisoner; they were then on the other side of the way - it was said loud enough for the prisoner to hear; he ran away directly; I pursued, but was not able to take him, for he turned into Bainbridge-street, where the doors are open all night long; I lost sight of him - he must have got into some house; I did not see him again till he was taken.

Cross-examined. Q. How wide is Buckeridge-street? -A. Not very wide; George-street is frequented by a great number of the lower orders, who dress pretty much alike; the prisoner had on a blue coat and a hat, but it did not cover his face at all.

  FRANCIS FAGAN . I am an officer. I heard of this robbery; Roberts described the person to me; I knew the prisoner before, and apprehended him three or four days after the robbery, at the corner of Buckeridge-street; and when I got him to the corner of a street in George-street, called Ratt's Castle, I told him I took him for a robbery he had committed on the Saturday night or Sunday morning previous; as soon as I said that, he suddenly rushed from me up Ratt's Castle; I pursued him through several streets; he got into a house, and I lost him -Roberts was not with me then; I went after him several times, but never could find him - I informed Reardon, and several watchmen, that he was wanted.

  DANIEL REARDON . I am a police officer. About three o'clock on the morning of the 1st of March, I saw the prisoner in Bainbridge-street, St. Giles', in a chandler's-shop, with some small beer - I went into the shop: he went out on seeing me come in; I pursued, and took him.

Prisoner's Defence. I leave it to my counsel.

  SAMUEL MORGAN , JUN. I am the son of   Samuel Morgan , soap-boiler, of Tottenham-court-road. The prisoner worked for us twice; the first time for sixteen months, and the last for about six months, up to the day he was apprehended; he went backward and forward to his breakfast and dinner during that six months; he went down towards St. Giles' church; I do not know where he lived; he bore the best character man could bear.

- LARTON. My husband works at Meux's brew-house; the prisoner lodged with us about eight months, till the time he was taken; he went out, and came in regularly and publicly to his meals; I live at No. 6, John-street, Tottenham-court-road.

NOT GUILTY .

 

Before Mr. Justice Gazelee.

808.   FREDERICK BUCKOKE was indicted for killing and slaying   Rachael Newell .

MR. BODKIN conducted the prosecution.

  HENRY NEWELL . On Saturday evening, the 28th of March, I was with my wife going home, towards the  Elephant and Castle, Battle-bridge , about a quarter-past eight o'clock; it was very dark - there were some repairs going on in the footpath; we were in the road; I heard somebody coming along, but saw nothing; I thought it was a carriage - I said, "Let us get out of the way, or we shall be run over:" my wife was struck by something; she fell down, and was taken to a surgeon's; she died the same night, without speaking a word; I did not see a horse and cart - I had been drinking: we had had half a pint of gin among six of us at six o'clock; the prisoner is about twelve years old.

  ANTHONY MORGAN . I work for Mr. Wright, of Southampton-row. On the night of this accident I was standing talking to a lad, and saw a horse and cart come from the Elephant and Castle towards Battle-bridge; I was standing at the turnpike - there was a cart, with a grey horse, and a boy in it; it was going at a gentle trot - I did not notice the boy - it was very dark: there were no lamps from the turnpike-gate to the Wheatsheaf public-house.

  WILLIAM LEE . I live at the turnpike. I saw the horse and cart come through the gate, driven by a boy - it was going at a very gentle pace, at the rate of four or five miles an hour - there are lights on both sides of the gate; the accident happened about one hundred yards from the gate - there was no lamp there, and it was very dark indeed.

  MARY ANN McDONALD . I am the wife of   Alexander McDonald - we both are servants at the Elephant and Castle. I was three or four yards off from where this accident happened - I was in the road, and saw an old man and his wife in the road coming towards me - the road was being repaired, and there was no footpath - the road was very dark; I saw a grey horse and cart driven by a boy , who I do not know - I saw the cart strike the deceased, who fell; it stopped for a minute or two, but I was attending to the woman; I helped her on the footpath - I did not hear any body call out; the horse was going very

quick indeed, in a kind of gallop, on the right-hand side of the road.

COURT. Q. Did the cart go the same pace after the accident? - A. I did not notice - I saw it stop.

  BENJAMIN BILLING . I am a surgeon, and live in Brewer-street, St. Pancras. The deceased was brought to my house a little after eight o'clock on the night in question; she had a lacerated wound on the scalp, with a ruptured artery on the back of the head; she died the same night - I believe her death to have been occasioned by the blow, either of the cart, shaft, or wheel; it produced concussion of the brain; I thought she had been drinking.

  JOSEPH FIDLER . I live in Lower Union-place, Maiden-lane. On the 28th of March I had a cart and grey horse; the prisoner was in my employ, and had been out with me in the cart all day long; we stopped at the Elephant and Castle about eight o'clock - I told the lad to go gently home with the cart, and I would overtake him - as I went home, I found my horse and cart standing in the street; next morning I saw him, and said, "Did you run against any body?" he said, "I ran against a woman, but I believe I did not hurt her;" he drove for me two or three summers, because I was so bad sighted myself - the Elephant and Castle is about half a mile from my house; I did not remain there above ten minutes; I saw him within half an hour.

  HENRY HUTCHINS . I am beadle of St. Pancras, On Monday, the 30th of March, I took the prisoner into custody; I asked him if he had been driving for Fidler; he said he had been out with him all day, and that he left him drinking at the Elephant and Castle, and ran against something in the road, but did not know what it was; that he left the horse and cart a little distance from his master's house, being frightened; I attended at Hatton-garden, and was bound over by the Magistrate.

Prisoner's Defence. I was coming through the turnpike; I happened to turn round my head, and as I turned, somebody ran up against the wheel. NOT GUILTY .

 

Before Lord Chief Justice Tenterden.

809.   MARGARET SULLIVAN was indicted for feloniously assaulting   Robert Houlding , on the King's highway, on the 21st of February , putting him in fear, and taking from his person, and against his will, one 10l. Bank note, his property .

  ROBERT HOULDING . I am a coachsmith , and live at No. 33, Turnmill-street, Clerkenwell. On Saturday night, the 21st of February, I received a 10l. note from Mr. Wilson, who I had sold some goods to; I did not observe the date or number - I had it in my right-hand pocket, and was returning home, down Holborn; the prisoner accosted me at the bottom of Holborn, and asked me if I would give her something to drink; I told her No, I was going home, and had got no money for drink; she pressed me much - I said I had no money; she said if I would take a glass, she would pay for it; we went into a wine-vaults at the bottom of Holborn; I think it was the first house in Fleet-market - we had a quartern of rum between the two; I drank one glass, and she the other; she paid for that - I did not like the rum, and chose to have a glass of warm wine; she had another - I put my hand into my right-hand breeches pocket, took out the 10l. note, and put it into my left-hand pocket; I returned my hand to my pocket again, and took out 6d. and 2 1/2d., which was all I had - I paid for the wine, and went away; I went out; she followed me - I took the nearest road home, which was through a place leading to Saffron-hill; and when I got to the bottom of Saffron-hill. just through the passage, she said she lived there, and asked me to go in with her, and took me by the arm - I went in, and stopped about two or three minutes; I never sat down; I came away, and walked up the middle of Saffron-hill with my hands in my pockets, as I am accustomed, as they feel chilled, being used to work with warm iron: I turned down  Peter-street , and as I was in the act of pulling my hands out to turn aside for a necessary purpose, I stopped with my face to the wall; I did not know any body was near me; as I pulled my hand out of my pocket, the prisoner thrust her hand into my left-hand pocket, and took the note out by force - I heard it rustle as it came out; I laid hold of her left hand with my left hand, and caught hold of her right hand with my right hand, and held her fast; I called Fuller, the watchman, who came - I told him she had robbed me of a 10l. note, which she had taken out of my left-hand pocket, and had got it in her left hand; I gave her left hand into his hand, and he took the note out of it; we took her to the watch-house - the note was left there; this is the note(looking at it); I know it by this tear, which was on it when I received it.

  JOHN FULLER . I am a watchman. I heard the prosecutor call Watch! I went up to him, and found him holding the prisoner's hands - I forced open her left hand, and took this note from it; I took her to the watch-house, and delivered the note to Isaacs.

  JAMES ISAACS . I am watch-house keeper. The prisoner was brought to the watch-house - Fuller delivered the note into my hands, all crumpled up - I have had it ever since, it is a 10l. Bank note.

  JOHN WILSON . I paid the prosecutor a 10l. note on this Saturday night, at the Crown public-house, Thorney-street, Bloomsbury; I heard of the robbery on the Monday morning - I do not know the number of the note, or know it by any mark.

Prisoner's Defence. - I met this man in Fleet-market - we both went into a gin-shop; he took me to a house - we sat in the room about five minutes, when I asked for my compliment; he said he had no change - but if I trusted to his generosity he would pay me; I would not trust him - he said he did not wish to change the note there; I was going out - he called me back, and gave the note into my hand - and as I came out, he told me to lay hold of his hand; I walked to Saffron-hill with him; I asked him to go into three or four houses to change the note, he would not - but asked me for the note - I would not give it to him, till he paid me 5s. which he had agreed to; I said, wherever he went I would go, and give the note to the people to change; he up with his fist and knocked me down; I fell - then got up; he caught hold of my hand to get the note out of it - I would not let it go - but when the watchman came I gave it up to him.

  JOHN FULLER . She did not give me the note - I forced it out of her hand.

  ROBERT HOULDING . I never delivered the note to her

- all she has said is false - I never had connexion with her.

GUILTY (of stealing from the person only.) Aged 21.

Transported for Life .

Before Mr. Justice Gazelee.

 

810.   JAMES SALTER was indicted for stealing, on the 27th of March , 2 lbs. of mutton, value 1s. 2d. , the goods of   Henry Pluckrose .

  HENRY PLUCKROSE . I am a butcher , and live in  Brick-lane, Bethnal-green . On the 27th of March, about half-past nine o'clock at night, I saw the prisoner take this mutton off my shopboard as he passed; I followed and overtook him two doors off - I saw him drop it, and collared him immediately.

  WILLIAM DOWNES . I am a watchman. I was calling half-past nine o'clock, and received the prisoner in charge.

Prisoner's Defence. I was coming up Spicer-street; several people were coming along - the prosecutor ran along and collared me.

GUILTY . Aged 20.

Confined Fourteen Days .

 

Second London Jury - before Mr. Recorder.

811.   WILLIAM WHITAKER COURT was indicted for stealing, on the 14th of December, 1827 , 3 sovereigns, 2 half-sovereigns, 2 crowns, 2 half-crowns, 4 shillings, and 2 sixpences , the monies of   William Haslam , his master.

There being no proof of the specific coin charged in the indictment, the prisoner was ACQUITTED .

 

812.   WILLIAM WHITAKER COURT was again indicted for stealing, on the 11th of June , an order for the payment of 10l. , the property of   William Haslam and   Charles Bischoff , his masters.

SECOND COUNT. For embezzling the sum of 10l.

MR. ADOLPHUS conducted the prosecution.

MR.   CHARLES BISCHOFF . I am in partnership with Mr.   William Haslam , we are solicitor s - the prisoner was in our employ; we were engaged in a Chancery suit."Wicks against Cross;" there was a legacy duty to be paid in the cause, and on the 11th of June, 1828, the prisoner applied to me for 10l. for law cash, meaning disbursements in the office; I asked him what it was for; he said, "I am going out, and have to pay the legacy-duty in Wicks and Cross;" I gave him a cheque for 10l., payable to law cash; here is the cheque, it has been returned by our bankers as paid; the prisoner at that time did not keep the cash account. In Michaelmas term I attended the Accountant-General's office to receive 1000l., but, in consequence of the legacy-duty not having been paid, I could not receive it - I was obliged to pay it, it amounted to 8l. 18s. 8d.

Cross-examined by MR. PHILLIPS. Q. Had the prisoner other payments to make? A. Various - but not at that particular time, as we had come to the end of Trinity term - but for three months previous he might have paid 200l. altogether; the day-book will tell what payments were made - I am not aware of his having any specific sum to pay that day.

MR. ADOLPHUS. Q. If he had had more than 10l. to pay, and asked you for the money, would you have given it to him? A. The regular course was for the cashier to apply, he would give him what money he wanted: this cheque was given for the express purpose of paying the legacy-duty.

COURT. Q. You gave it him on account of law cash? A. Yes; I did not know what the amount of the duty would be; I asked what he wanted it for, because we had previously found what we considered to be errors.

JURY. Q. Is there any entry in your books of his having paid that sum? A. No; they do not give vouchers for it; the receipt given is lodged in the Accountant-General's office.

  RICHARD INMAN . I am a clerk in Messrs. Williams banking-house - I paid this cheque in money.

  WILLIAM SAWKINS . I am a clerk to the prosecutors, and have the books relating to the office disbursements in June, 1828; the book at that time was kept by me; it was the prisoner's duty to state to me what cash he had received and disbursed, that I might enter it in the book; he should have done that strictly every day; there is no entry on the 11th of June, nor about that time, either of this cheque being received, or of the legacy-duty having been paid.

Cross-examined. Q. Then he did not direct you to enter in the book that he had paid the duty? A. No; I had no knowledge of the transaction; he had to transact the usual business, which at times is heavy; there is not 2l. entered on that day; Mr. Bischoff usually gives me a cheque for the disbursements - I received no money from the prisoner that day; I never did; I used to pay to him; the items I enter by his order relate to Chancery business; the disbursements made by him that day amount to 24s. 2d.; I paid those sums to him.

MR. BISCHOFF re-examined. The legacy duty in this case was 1 per cent. on the sterling money - the parties were father and daughter; I had more to pay in November than would have done in July.

Cross-examined. Q. Had he not other disbursements to make that day? A. His own day-book will show that.

MR. ADOLPHUS. Q. Is this day-book kept in his own hand-writing. A. It is the clerk's day-book, in which each enters his own disbursements - his duty at that time was confined to the Equity business; here are entries of his on the 11th of June, amounting to 1l. 0s. 6d.

MR. PHILLIPS. Q. Had he not disbursements to make every day? A. Here are several entries on the 12th - it is my rule to give money only to Sawkins, the cash clerk, if he is in the office; I take his signature on the back of the cheque - but I gave the prisoner the cheque on that occasion, Mr. Sawkins not being in the office, and he should account to Sawkins for that cheque; whatever payments are made the books will show - there are always payments to be made, but the cash clerk can best speak to what payments were made; the prisoner has not entered any sum as paid for legacy-duty.

MR. ADOLPHUS. Q. He received 10l. for the express purpose of paying that duty? A. He did; we have never had any satisfaction for that sum.

  WILLIAM SAWKINS . When the prisoner states he had made payments, I hand him the cash and enter the items; he never told me he had received this cheque of 10l. - he

has not brought it to account either as having been received or paid.

MR. PHILLIPS Q. Has the prisoner had advances made at any time? A. Yes, and perhaps it has gone three or four days before he accounts to me for it; he has given me an"I.O.U." for 5l., but it was always entered as so much in hand for law cash, and he has accounted for it by payments; I cannot say how soon after the 11th of June we had a settlement.

Q. Might he not have accounted to you for 8l. 19s. 6d.? A. I should think not - but the law cash is 10l. deficient; I paid him myself the items composing the 1l. 0s. 6d. out of cash I had in hand the next time we settled - there was always some money in hand.

JURY. Q. Are you particular in making the entries on the day payments are made? A. They are entered in the day-book every night; I take them from the day-book to the cash-book, and hand the money over to the clerk making the payment; we do not settle every day, perhaps in three or four days; the prisoner should have entered this cheque as received, and charge the sum as paid for legacy-duty - but I never knew he had received it.

MR. BISCHOFF. I never asked the prisoner what he had done with this cheque, as I was not aware of the fact till November, having been out of town in the long vacation; I asked him, when he was in custody on a civil suit, if this legacy-duty had been paid - he said it had; I had not at that time told him if he stated truly all the transactions he should not be prosecuted; he subsequently admitted that it was not paid; we were inclined to assist him as much as we could.

MR. PHILLIPS. Q. Did he not say he had applied it for your use, though not in that particular way? A. As far as my recollection goes, certainly nothing of the kind.

Prisoner to   WILLIAM SAWKINS . Q. Look at this entry; is not the identical cheque, which I am now charged with stealing, entered to the 21st of June? A. Here is an entry on the "21st of June, ditto 11th of June 10l.;" that is the 10l. I had not an account of.

COURT. Q. Then this draft is entered? A. Yes; I took that entry from examining the cheque-book, which states that a cheque was drawn on that day; I entered it in order to have it accounted for, being accountable for cheques drawn to law cash; I did not enter it at any suggestion of the prisoner's.

Prisoner. Q. On the 21st of June did I not settle an account with you, and did you not then say to me, "You have received a cheque of 10l. from Mr. Bischoff, have not you?" A. I cannot recollect.

Q. Did I not, on settling the account, give you a fresh"I.O.U." for the balance? A. That would be the usual course; I believe there was a conversation about a cheque at a subsequent period, about, August; I remember keeping a little blue book of advances made to you, but not of this date - it began the latter part of June or beginning of July - it might last till August; I do not know what has become of it - I have not destroyed it; it is merely a private memorandum; I commenced keeping it after some little inaccuracy - I before kept them on slips of paper, which got lost.

  THOMAS OXTOBY . I belong to the Legacy-office. I have a book here from that office - in June, 1828, no sum of 8l. 18s. 6d. was paid as a duty on the stock of Wicks; it was paid on the 24th of November, 1828.

Prisoner's Defence. On the 11th of June I told Mr. Bischoff I wanted money; he asked what for; I told him I had to pay this legacy-duty, and other things; he asked what amount; I said 10l. or 15l., as I had other payments; he said perhaps 10l. would do; I said very well - and he gave me the cheque - I ought to have told Mr. Sawkins I had received it; I found, on going to the office, I could not get the proper papers to pay this, but I paid other things; I did not settle with Mr. Sawkins till the 21st of June, when he asked if I had not received this cheque - I said I had, and he charged me with it, struck a balance, and I gave him an I.O.U. for the balance; in July Mr. Bischoff inspected my accounts - they continued me in their service till November - I was then arrested out of their service.

NOT GUILTY .

 

813.   THOMAS GILL was indicted for stealing, on the 15th of March , at  St. Andrew, Holborn , in the dwelling-house of   Daniel Stubbs , his master, 1 tin-box, value 5s.; 1 pair of ear-rings, value 2s.; 3 rings, value 20s.; one 30l. and two 5l. Bank notes; 1 bill of exchange, for payment of and value 69l. 17s. 6d., and 1 order, for payment of and value 15l., his property ; against the Statute.

  DANIEL STUBBS . I live at No. 49,  Fleet-market , and am a linen-draper ; my shop is part of my dwelling-house, and is in the parish of St. Andrew, Holborn; the prisoner came into my employ as shopman , about the 17th of September - I had a character with him. On the 15th of March my cash-box contained a cheque for 15l., two 5l. Bank notes, a 30l. Bank note, and about 9l. in sovereigns and half-sovereigns; a bill of exchange for 69l. 17s. 6d., five gold rings, a silk purse, and a canvas bag; I had seen my cash-box safe on the evening of the 14th, locked up in an iron safe, and I had the key in my pocket; I left home about nine o'clock on Sunday morning, the 15th, leaving the key of the iron safe in my coat pocket, and the coat was in the bed-room - the prisoner slept in the house, on the floor above my bed-room; at the time I left my house every thing appeared as safe as it did the night before; I returned about a quarter-past nine o'clock in the evening; when I rang the bell the servant maid and the prisoner opened the door to me - the servant said Mr. Jackson, a neighbour, had been and said some glass had been broken; I went and looked over the house, and found the sky-light at the back part of the shop broken - the opening was not large enough to admit the body of a man or boy; I am quite certain no person could have got through there - I immediately looked at the iron safe, and found the door of it open, and immediately missed the cash-box; I am certain the door was locked the night before, and I had not unlocked it - I had not seen it on Sunday morning; there was no key in it - I looked at the desk, which was safe overnight, and that was broken open; I had a key of the safe in the desk, and another in my pocket - I found the one in my pocket, and the other was in the desk, where I had left it; if it had been used to the safe it had been put back again - no violence was used to the safe; it must have been opened by a false key, or the key from the desk - neither the prisoner nor the servant

appeared to know any thing about it; on the Thursday following one of the 5l. notes was returned to me (which I had taken of Mrs. Cundy) - it was brought to me by one of Whitbread's men; I knew it to be one of the notes in my cash-box - I had put Cundy's name on it when I took it; it was in my own writing; I made further inquiry that same day (Thursday, the 19th,) and charged the prisoner with this offence about two o'clock; I found the remainder of my property in Union-street, in Mrs. Holland's house; the prisoner gave me a written order to Union-street - the order was sent by Mr. Glanville, who brought the property back; I saw the prisoner write the order - Glanville brought back to me the greatest part of the property, a pair of ear-rings, three gold rings, a bill of exchange for 69l. 17s. 6d., a cheque for 15l., a 30l. Bank note, and some gold and silver, but none of the 5l. notes; I know all the property to be the same as was safe in the cash-box on the Sunday morning.

Cross-examined by MR. RICHARDSON. Q. How long had he lived with you? A. Nearly six months; he came with as good a character as I ever wish to have, and he had been in my service before - I put great confidence in him; I charged him with the offence on the 19th, but the officer had taken him before the Magistrate on the Tuesday before, as he suspected him; but he was not charged with it till the Thursday; I had written the name on the note myself - I do not know on what day I received it.

  HANNAH HOLLAND . I live at No. 4, Union-street, East-lane, Walworth. I have known the prisoner eighteen months; he used to lodge with me when he was not in a situation - he brought a parcel to my house on Sunday, the 15th of March. between six and seven o'clock in the evening: I did not know the contents - he left it with me - he put the parcel carelessly on the table; I moved it on to a chest of drawers; I parted with it on the Thursday afterwards to Mr. Glanville, who brought a note from Gill for it; my mother gave Martin the note, but not in my presence - (looking at it) this is the note; I believed it came from the prisoner - my mother gave up the parcel to Glanville in my presence: it contained a Bank note I believe, and some rings and papers; when he came to me on the Sunday he asked me if I could get him change for a 5l. note, and he gave me one; I went out, but could not get change; I returned it to him, and he took it away with him - he left our house that evening, and did not come again.

Cross-examined. Q. Are you quite certain it was the same parcel as he left on Sunday? A. Yes; I was at home when it was left, and when it was taken away - he did not tell me the contents; he has lodged with us several times - we considered him honest and upright; we never knew any harm of him.

  ROBERT GLANVILLE . I was at Stubbs on the Thursday, and saw the prisoner write an order, which was delivered to me - it directed me to Holland's; this is the order he delivered to me - (read)

MRS. HOLLAND, - Please to deliver to bearer the parcel I left on Sunday night, T. GILL.

49, Fleet-market, March 19, 1829.

I went there, produced the note, and the parcel was delivered to me by the mother, in the daughter's presence - the mother opened it in the daughter's presence; I found it contained a cotton pocket-handkerchief, three silk handkerchiefs, one silk purse, three gold rings, one pair of ear-rings, a bill of exchange for 69l. odd, a promissory note, a 30l. Bank note, and a cheque on the Bank of England for 15l.; I afterwards took the parcel and contents to Stubbs, who claimed them all - the prisoner was not present; they are in Martin's hands.

  REBECCA PHILLIPS . I lived at the Crown public-house, Redcross-street. I know the prisoner, and saw him there on Sunday, the 15th of March, about ten or eleven o'clock in the morning, and saw him there again in the evening - he called for a glass of ale, and asked me to get change for a 5l. note; I could not give him change, and I got it from Mr. Hochkin. at the Fountain public-house, Redcross-street - I am certain I gave him the same 5l. note as the prisoner gave me: I returned him the change - I made no mark on it; I did not look at the note, but I received 5l. for it, which I gave the prisoner- I was examined about this on the Monday following; I had often seen the prisoner before, and knew him.

  WILLIAM HOCHKINS . I keep the Fountain, Redcross-street. On Sunday, the 15th of March, Phillips brought me a 5l. Bank note; I gave her change for it - I paid the note to Mr. Whitbread's house: I had marked Mr. Kilburn's name on it - he is Phillips' master; I wrote it in ink - I saw the note at Guildhall, when the prisoner was under examination, and was quite sure of it - (looking at a note produced by Martin,) this is the very note.

Cross-examined. Q. Have you frequent dealings with Kilburn? A. We occasionally change for each other - very seldom: it was not in my possession many days.

  JOSEPH MARTIN . I am an officer. I received this 5l. note from Mr. Stubbs, with the rest of the property, at Guildhall - he claimed it as his property; I have a 30l. Bank of England note, a cheque for 15l., a bill of exchange for 69l. 17s. 6d., another bill for 27l. 16s., a pair of ear-rings, three gold rings, a purse, a cotton handkerchief, three silk handkerchiefs, and a cash-box; I had the cash-box from the person where the parcel was left - it was stated to have been picked up half a mile from the place; the prosecutor does not positively speak to the box.

  DANIEL STUBBS . These several bills, notes and cheque, ear-rings and three gold rings, I am certain are all mine, and such as were safe in my box; I cannot speak as to the handkerchiefs and purse, but I had such a purse in my cash-box - I received these things from Glanville, except the 5l. note, which I had from one of Whitbread's men; I am certain it was in my safe.

Two witnesses gave the prisoner a good character.

GUILTY - DEATH . Aged 22.

Recommended to mercy by the Prosecutor and Jury, on account of the sudden temptation and previous good character, the prosecutor stating that he was left alone in the house .

 

NEW COURT, Fourth Day.

Fifth Middlesex Jury - before Mr. Sergeant Arabin.

814.   WILLIAM BERNADEER was indicted for stealing, on the 7th of March , 2 brass cocks, value 7s. , the goods of   James Gibbins , his master.

The prisoner pleaded GUILTY . Aged 18.

Confined One Month .

 

815.   JAMES FREEMAN &   WILLIAM WATTS were indicted for stealing, on the 22d of March , 1 jug, value 1s.; 1 butter-pot, value 6d.; 2lbs. of butter, value 1s.; 5 candles, value 3d.; 1 dish, value 6d., and 2 whips, value 10d. , the goods of   Thomas Woolsey .

  THOMAS WOOLSEY . I am captain of a boat . I lost this property from a wharf at  Paddington - it had been in the cabin; I saw it safe about eleven o'clock at night, on the 22d of March, and next morning it was gone - there were four of us in the cabin, but we were all asleep - we had been working very hard the day before; I know nothing of the prisoners - Freeman's boat laid near mine the night before, but in the morning she was shifted; I got an officer, and went on board his boat - no one was on board then, but Watts had the key of the cabin; I found this jug, these whips, and candles in the cabin.

  THOMAS HENRY THOMPSON . The prosecutor fetched me, and I went to a boat with the name of   George Winter on it, of which Freeman is captain ; it was lying about a mile from the prosecutor's boat - Woolsey looked through the hatchway, and saw part of the property; I then ascertained who worked that boat, and took Watts in another boat; I asked what boat he belonged to - he said Winter's, and he worked for Mr. Nichols; I asked if he was aware where his hoat was - he said it was beyond the stop-bridge; I told him he was my prisoner, as there was stolen property on board - he made no answer; my brother officer took the key from Watts, which opened the cabin-door - we found this property, and a great deal more there.

  JOHN ARGUST . I am an officer, I was with Thompson; I was searching Freeman, and I asked where the key was - Watts said, "I have the key," and gave it me; I took Freeman at his lodgings - Watts told me where he lived; I found nothing there, or on his person - I asked him if he knew where the boat was - he said, "Yes, the other side of the stop-bridge," I asked if he knew what was on board - he said there was nothing on board but two boat lines and a bucket of his.

Cross-examined by MR. CRESWELL. Q. Did not he tell you he had been at home all night? A. He did not, but a person in the house said so; he made no resistance.

  THOMAS WOOLSEY . These are my articles; they were all safe when I went to bed about eleven o'clock - there was no reason why the other boat should be removed; when they go on their journey they generally go off at two or three o'clock in the morning, but then they do not stop about a mile off - there is no place for them to load there; they sometimes have two men on board, and sometimes four.

FREEMAN's Defence. I was at home at nine o'clock at night, and left Watts in charge; I knew nothing about the property being there - I did not go out till nine o'clock in the morning.

WATTS' Defence. I went to a public-house and had some beer; I staid till eleven o'clock, and then, as I could not get on the wharf, I staid all night - the next morning I went to the boat, and found it open; I had locked her up.

  JOHN DAVIS . Freeman lodged with me; we were all in bed by eleven o'clock that night, and at nine the next morning I was in my room, and saw him come down - I am foreman of a dust-yard.

  WILLIAM LONG . I lodge in Davies' house, in the next room to Freeman; I saw him come down with nothing on but his trousers and shirt, at a quarter before ten o'clock, to let Watts in, and give him his money - Watts then went away, and Freeman locked his door, and went to bed; I was having my breakfast about nine the next morning when he came down.

  THOMAS HENRY THOMPSON , re-examined. Theirs is a gravel boat - it would require two men to move it.

JURY. Q. Is there any way to get into the cabin but by the door? A. There is a skylight, but they cannot get in, except by breaking the hatchway.

WATTS - GUILTY . Aged 18.

Transported for Seven Years .

FREEMAN - NOT GUILTY .

 

816.   JAMES FREEMAN and   WILLIAM WATTS were again indicted for stealing, on the 22d of March , 4 chisels, value 2s. , the goods of   Michael Kingman .

  MICHAEL KINGMAN . I am a stone-mason . I left my chisels in a shop adjoining the canal; the two prisoners unloaded at the wharf adjoining - I had not missed them till I saw them on the 23d of March.

  THOMAS HENRY THOMPSON . I found these chisels in the cabin cupboard, in the boat of which Freeman was captain .

FREEMAN's Defence. I never saw any of the property till it was at the office; I left the boat at six o'clock on the Saturday evening - there was none of this property in it then.

NOT GUILTY .

 

817.   JAMES FREEMAN and   WILLIAM WATTS were again indicted for stealing, on the 22d of March , 1 hatchet, value 1s. 4d. , the goods of   John Dell .

  ELIZABETH DELL . I am the wife of John Dell - we live on Mr. Meggs' wharf; this boat was lying opposite our door - we lost this hatchet from the bench at our house between five and nine o'clock, about five weeks before; I saw it at High-street.

  THOMAS HENRY THOMPSON . I found this hatchet in the cabin, with the other things.

FREEMAN's Defence. This chopper was in the boat, and an old shovel, before I took it.

NOT GUILTY .

 

818.   STEPHEN SPRATT and MARTHA (HIS WIFE ) were indicted for feloniously receiving, on the 24th of February , of a certain evil disposed person, 3lbs, weight of sugar, value 1s. 6d; 1 1/2 oz. weight of ginger, value 1d.; 2 ozs. of washing blue, value 2d., and 3lbs. weight of cheese, value 1s. 6d., the goods of   James Harwood , which had been lately before stolen, they well knowing the same to have been stolen ; against the Statute, &c.

  JAMES HARWOOD . I keep a grocer's and cheesemonger's shop , in Gravel-lane. In the month of February last, I missed candles, soap, and other things; I could not comprehend how it went - the male prisoner is a barber , and used to shave me three times a week; he lived at the corner of  Sarah-street . On the 23d of February, I bought a number of articles of Mr. Harrison, among the rest were twenty Dutch cheeses - I missed one of them on Tuesday morning, the 24th; the prisoner had not been in my house that day, but I went to him in the afternoon - I said I had lost a great many articles, and asked if my daughter had

ever brought any property there; she is fourteen years of age - the prisoner's wife said No, she had only been there once to warm herself; the man was sitting there by the fire, with his head down - I then went out and got a warrant for my daughter, on suspicion of taking this cheese; I went to the house, and the female prisoner said I was very welcome to search the house - it is a shop; there is a bed-room behind it - my daughter was not with me at that time; I did not see the female prisoner move - my daughter went to the house with the officer next morning.

  BOYD SILVESTER . I am an officer. In consequence of information from the daughter, I went to the prisoner's house; I saw them both, and said, "Where is the cheese Mr. Harwood's daughter brought here on Tuesday?" Spratt said, "She brought no cheese here," and I was welcome to search - his wife then came into the shop, and said I might search; I followed her quickly into the backroom, and saw the blankets of the bed move; she ran to a closet - I said, "The cheese must be some where about here;" I got a candle, and down inside the lining of the wainscot, in the closet, I found this half of a cheese; I said, "Here is the very thing I want: this is Harwood's cheese;" the man said, "Yes, that is Harwood's cheese;" I asked how he came to take it in - he said the daughter complained of being very hungry, as her father would not allow her enough to eat, and the cheese was brought there that she might have a bit whenever she went over to their house -I asked when she brought it; he said, "About a fortnight ago;" his wife said, "No, my dear, as it has come to this. tell the truth - it was brought in last Tuesday;" I asked him again when it was brought in; he said, "About a fortnight ago;" his wife again said it was on the Tuesday; I desired her to hold her tongue, as I did not want to take her - I then took the man to the office, went back to their house, and asked if there was any tea there; a boy, who was there, said "Yes, an ounce;" I looked, and found this paper of tea and canister of tea, a caddy full of sugar, and some other sugar; I searched further, and found this ginger and blue; the female prisoner came in, and I asked if she had any tea - she said she bought two ounces of a person who called; she afterwards acknowledged that the girl brought the tea, sugar, and blue, and said she gave her a cup of coffee now and then, and some tea, when she wanted it.

  WILLIAM MANSFIELD . I know Mr. Spratt's house. On the Tuesday in question I saw   Martha Harwood run past my house, and turn as if she was going down Sarah-street; she had her apron turned up, as if there was something under it.

  MARTHA HARWOOD . I am the prosecutor's daughter. I used to take this property from time to time to the prisoner's house, without my father's knowledge; Mr. Spratt used to give me some halfpence in the morning, and promised to give me a row of beads, as I was to bring him all I could; I took tea there, sugar, blue, and cheese -Mrs. Spratt took the tea; her husband was there at the time; they were both present when I took the sugar - I cannot exactly say which took it in; I passed Mansfield's house with the cheese; I rolled it into the prisoner's house, but I did not go in; this was on the Tuesday morning - the prisoners knew that it was my father's property.

  MARTHA SPRATT 's Defence. I had this tea of a tallyman, who called once a fortnight; the sugar I had of a sailor - I never said I had the tea of a girl; she said she threw the cheese into my passage, but I did not see it; it was a dark morning; I took a light, and found this piece of cheese in the passage; I told my husband of it at breakfast time; the girl came in, and said her mother-in-law did not give her victuals enough, and she was going to look after a place - she came in perished with cold; she then said she had thrown the cheese into the passage, and meant to have it as she wanted it; she said she had had a pint of boiling water thrown over her, and shewed me some bruises on her arm - having four children of my own, I felt grieved to think this girl was so ill-used, and I used to give her victuals from time to time; she was there one morning, and her father came in, and she seemed confounded at seeing him.

  JAMES HARWOOD . I did find her there one morning, and told her to go home; we never starved the girl; she was so fed up by these people, that she would scarcely take any thing at home.

  MARTHA HARWOOD . My father and mother gave me the best of victuals at all times; and when I went home, home was ready for me.

  STEPHEN SPRATT - GUILTY . Aged 34.

Transported for Fourteen Years .

  MARTHA SPRATT - NOT GUILTY .

 

819.   GEORGE BASELL and   EDWARD EADES were indicted for stealing, on the 15th of February , 60 penny-pieces, and 120 halfpence, the monies of   William Lansdown , from his person .

  WILLIAM LANSDOWN . I am a tobacco-pipe-maker , and live in Essex-street, Hoxton. I had been round to my customers on the 14th of February; I happened to stop in company, and was returning home at two o'clock in the morning - I had been drinking, but was not drunk; I could walk very well - I had a quantity of copper money in my coat pocket, which I had taken for my pipes; I was at the end of Norton-falgate, going up Shoreditch - I saw the two prisoners in company together behind me for five hundred yards; at last Basell came up on my left side - the other was rather hanging behind me, on my right; Basell spoke to me, and walked with me for about one hundred yards - I do not recollect what he said; I did not speak to him; when we got to the corner of  Church-street , just under the gas-light, he snatched my pocket away - he tore it right out from the inside of my coat; Basell was close by me, I collared him, and said, "I have got one of the two;" I held him till the watchman came up, who I called immediately; I told the watchman he had not got the money, but a boy had it who had run off; he said should I know that boy again; I said Yes; I went to the watch-house and gave Basell in charge, and a description of the other boy - and on the next evening (Monday) I saw Eades at the watch-house, and knew him to be the same boy; I said, "My God! that is the boy;" I gave his description as a pale-faced boy, with a fustian jacket and a cap on.

Cross-examined by MR. CRESWELL. Q. How much had you drank? A. I cannot tell - I was not very drunk; I did not tell the watch-house-keeper that I had lost 5s., nor that I did not know how much I had lost; I did not

hear the prisoners speak to each other, but they were walking close together.

  WILLIAM BELLNAP . I am a watchman. I heard the prosecutor call Watch! he gave charge of Basell, whom I took to the watch-house; he was sober enough to give me charge - he said Basell had not the money, but a boy with a fustian jacket had it, and described Eades to the officer likewise.

Cross-examined. Q. Did he not go very quietly with you? A. Yes he did.

  JOHN ROBINSON . I am an officer. I saw the prosecutor when he came to the watch-house, he appeared to have his faculties very perfect - he described the boy who ran away with his pocket in every respect; I gave the same description to Fryer, the Bow-street officer, who went and took Eades; when the prosecutor saw him, he put his hands together, and said, "My God! that is the boy."

Prisoner BASELL. Q. Did he not state he had a 5s. paper of halfpence? A. He said he had two 5s. papers of halfpence, and some more money, but he did not know exactly how much.

  JOSEPH FRYER . I am an officer. From the description I received, I took Eades; when the prosecutor saw him, he said directly."That is the boy."

  JOHN HARRIS . I am a watch-house-keeper. I heard the description he gave, and he identified Eades the next day.

EADES' Defence. I was at home and in bed at the time it was done; I did not go out till Monday morning, for some work for my mother.

  JANE JENKINS . My husband is a journeyman bootmaker. I lodge in the same house with Eades and his mother - she lodges in the one pair front room, No. 8, Club-row, not far from Norton-falgate; I am very intimate with them - I know Eades was at home the night the robbery was committed; I was in his mother's room at halfpast eleven o'clock that Saturday night, and fastened the door after all; he lives at home with his mother - I do not know Basell, nor did I hear of the robbery till Monday afternoon, when Eades' mother told me he was taken - she did not say he was at home in bed, nor did I, but I know it; I am not the landlady, but generally fasten the door, because I am up last - the door is only bolted; he works with his mother as a stay-maker - I have seen a fur cap in the room - I did not hear that the boy who had committed this robbery had a fur cap; his mother said he wore a hat; he went out to pawn a handkerchief on the Monday, and he was taken.

BASELL's Defence. I had been to the play, and was returning - I saw this man rolling about, the lad had hold of his arm, and as I passed him he caught hold of me, and said, "I have lost my pocket;" I said, "My good man, what do you do this for? I have done nothing."

BASELL - GUILTY . Aged 21.

EADES - GUILTY . Aged 15.

Transported for Life .

 

820.   CHARLES LEWIS was indicted for stealing, on the 2d of March , one watch, value 40s. , the goods of   Thomas Saunders .

  THOMAS SAUNDERS . I am a carman , and lodge in  Paradise-row, Chelsea . The prisoner has been there about twice in my absence for something to eat and drink; I have known him for ten years; I had left my watch in the room about five o'clock in the morning, on the 2d of March - I returned home about two, and it was gone; I had not seen him that day, and I have not seen my watch since.

  SARAH SAUNDERS . I am the prosecutor's wife. I was at home, the prisoner came to see me - the watch was in the room; I went for some beer, and was gone about ten minutes - when I returned, he and the watch were gone; I am certain the watch was there when I went out; he said he had come with a parcel to the top of the street, and he thought he would call and see me.

Cross-examined by MR. BODKIN. Q. How long have you been acquainted with the prisoner? A. About ten years; he was one of six children who were left orphans; the watch was in this case on the mantel-piece - I had not had it in my hand that day - it was about half-past ten o'clock when he called; there are no lodgers in the house; it is a butcher's shop - mine is the one pair front room; a person coming into the shop could not see the stairs - they go out of a passage; as I was coming back with the beer I met the prisoner going out; I said, "Charles, where are you going;" he said, "I will be back in a minute;" I am sure he did not say he was forced to be back in a minute from where he had been sent to.

  JOHN DUNCAN . The prisoner was given into my custody on the 4th of March; I found nothing on him but a knife.

GUILTY . Aged 17.

Confined Three Months .

 

821.   EDWARD FLYNN was indicted for stealing, on the 13th of February , 1 fixture (i.e.) 1 copper, value 19s., the goods of   Thomas Hart , and fixed to a certain building : against the Statute.

  WINIFRED MANNING . I lodge at Mr. Thomas Hart's, in  Boston-place, Marylebone . Between six and half-past six o'clock on the evening of the 13th of February, I saw the prisoner in our back yard, with this copper in his hand; the yard was full of clothes - I was looking through the landing window - I thought it was a person who had come to take the clothes, but what he had in his hand was an iron pot: I went out and met him at the corner - he went down the street with it in his hand; I went back to report it in the house - they made some delay in going after him; the copper had been fixed in the wash-house, and the woman had been using it all day - I knew the prisoner before, and had often spoken to him; he lived in Oxford-buildings - I cannot swear it was the copper.

  MARY SHARP . I had been using the copper a quarter of an hour before - it had been fixed except a small hole which was broken in the mortar; my things were taken out of it, and the water emptied.

NOT GUILTY .

 

822.   BENJAMIN FAIRFAX was indicted for stealing, on the 13th of March , 1 half-crown and 1 shilling , the monies of   Charles Cox .

  CHARLES COX . I keep the  Dolphin public-house, in Well-alley, Wapping . I have known the prisoner about six months, as frequenting my house - I have been told that he had been living, for the last twenty years, upon his

property; he used to have refreshment in a private room - he generally came about dinner-time, sometimes at tea-time - I have missed money occasionally out of my cash-box, which stood in the window ledge of the little parlour; it was locked, but the key was always in it - I marked my money on the 13th of March; there were four half-crowns and five shillings on the Thursday evening; when I went to bed I took it into my bed-room, and put it under my pillow, which I do every night: I brought it down on the following morning, about ten o'clock, and put it into the little parlour on the window ledge, its usual place - the prisoner came there that day about half-past twelve; the cash-box at that time contained 1l. 15s. 6d. in silver - none of the marked money had been taken out of it - I have a wife and a sister, but I had not gone out of the room all day, from the time I had my breakfast till the prisoner came; I had counted the money the evening before; my wife and sister go to the cash-box when they want it, but I swear that neither of them had been at it that day; the prisoner had two glasses of gin and water and two pipes of tobacco - he staid till about two o'clock; my wife was up stairs, my sister was out of the room - I was called to serve a customer at the bar, and heard the cash-box open and shut; no one but the prisoner was in the room; I can up stairs and told my wife of it - in the course of half an hour we sat down to dinner, and Mr. Fairfax said, "I will go into the tap-room and smoke my pipe while you have your dinner;" before I sat down to dinner I counted the cash in the cash-box, and found 6s. 6d. short - as soon as we had done dinner the prisoner came into the little parlour again, and bad another glass of gin and water; he then paid his reckoning, which came to 1s. 7 1/2d. and gave me two shillings, neither of which were marked; I put them into the till, and when he had quitted my house I sent a young man for an officer, who took him in the street - I had not spoken to any officer about this business before - there were 8s. found on him in silver and 9d. in copper, and among the silver there was one shilling and one half-crown marked, which I can swear to; I have not stated any thing more than I told the Magistrate - I do not know that I have; I will swear that I told the Magistrate that whilst I was serving a customer I heard the cash-box open - the money in the cash-box was not all marked; all the marked money remained in the box excepting one shilling and one half-crown, but I missed 6s. 6d. in all.

Cross-examined by MR. BODKIN. Q. You say you understand this gentleman lives on his property? A. I have heard so; he has come to my house for five or six months, two or three times a week - I never saw any thing like childishness about him; he always appeared very friendly - he did not appear intoxicated after he drank the three glasses of gin and water: I have never said, in reference to this prosecution; that I would not make it up unless I had something very handsome, nor any thing of that kind - I have never said I would not settle it unless I was well paid for it, nor any thing of that kind; I know a person named Pettit; upon my oath, I never said in his presence that I would not settle this business unless I was well paid for it, nor nothing like it - I was never present when my sister said, "My brother will not settle this under 200l.;" I never heard any thing of that kind - it never occurred to me to put the box in a safe place; I marked the money in order to detect some one; they were marked with a kind of round  O. - I counted it the night before, but did not count it that morning; no one comes into my bed-room in the morning - I brought it down in the morning, and the key was in it; I did not say any thing to the prisoner about it, but went up stairs to my wife - the prisoner might certainly have gone away at that time; he was taken into custody about ten minutes after he had left; when he left the room, and I went to count the money, the box was locked - I had left it unlocked. The prisoner has played a game at cards with me and my wife in the little room - he has betted a penny on the games as we have been playing; I never passed any marked money to my customers till after the prisoner was taken, and then Mr. Richardson, who keeps the Prince of Wales public-house, came in and had change for a sovereign; losing the money had made us very uncomfortable in the house, but I never accused my sister of it.

  WILLIAM WILSON . I am an officer. Mr. Cox sent for me, and I took the prisoner in Hermitage-street: I said the publican told me he had been robbing the box in which he kept his money - I took him into a public-house, and searched him: while I was taking the silver from his pocket, which I think was about 8s., and 9d. in copper, Cox pointed out this half-crown and this shilling - the prisoner said nothing about it; I think his money was all in one pocket; I think there was some copper among the silver.

Cross-examined. Q. Was the prisoner sober? A. I thought he was stupid, or petrified with fear; he gave me no answers - he might be a little drunk, but he was sober when I got him to the office.

  CHARLES COX . These are a part of what I marked.

  ELIZABETH COX . I am the prosecutor's sister. On Thursday, the 4th of March, he marked four half-crowns and five shillings; he put them on the chimney-piece, and in the evening he put them into the cash-box with the other silver; he took it up to bed with him, and came down the next morning between nine and ten o'clock - the prisoner was in the parlour alone, where the cash-box was kept; there was no change given to any one, as far as I know.

Cross-examined. Q. Did you see the mark made on the money? A. Yes - they were not all marked exactly alike; the shillings are marked with a kind of O, and the half-crowns with an X - there are two of them; I was in the tap-room at the time they were taken - I am confident there had been no change taken, for I was in an out of the room; I have never said that my brother would not make this up for less than 200l.; I never said so to Pettit, nor to any body in his presence; I have had no conversation with Pettit at all about it.

Prisoner's Defence. I have no recollection of touching his money; I did not find that I had a shilling more than I could account for - how the money came there I do not know, but it does appear that I had it.

MR. BODKIN to   CHARLES COX . Q. Do you remember whether on the day before, you had given the prisoner any change? A. No, nor any person in my house - I believe he came and had a pint of ale in my house; I served him with it - he did not have change for a 5s. piece; I think it was a shilling or a sixpence - he paid me.

  JOHN WILLIAM PETTIT . I am a master block-maker, and live in St. George's East. I have seen the prosecutor on this subject frequently; last Tuesday evening, when I was in his tap-room. a young man who was there said to Cox, "How do you get on?" he answered the bill was filed; the young man said, "You have not made it up;" Cox replied, "No. I will not make it up unless I am well paid for it;" last Tuesday week I was there when a gentleman came in, and his sister Betsey said her brother was determined not to make it up under 200l.; I received one marked shilling from the prosecutor on the 14th of March- this is it.

  ARCHIBALD MACDONALD . I am a constable of the London-docks. I have known the prisoner about twelve years - he is about seventy-one or seventy-two years of age- he lived eight years in my house: I have observed that within this last year or two there has been a great difference in his behaviour and conversation, but his character has been perfectly honest, and he has been well respected.

MR. RICHARDSON. I keep the Prince of Wales public-house, in Hermitage-street. On the 13th of March I had change for a sovereign of the prosecutor; I have 14s. of the money, and it was all marked - this is it; I am certain this is the money I received from him, as I had no other money in my pocket; here are nine shillings and two half-crowns all marked.

  CHARLES COX re-examined. I only marked four half-crowns and five shillings, but when the prisoner had left my room, I marked the whole of the silver, thinking if he came in again he would take some more; I had never marked any money before.

GUILTY . Aged 71.

Recommended to Mercy by the Jury. - Judgment Respited .

 

823.   HENRY HEPBURN was indicted for stealing, on the 9th of March , 2 waistcoat-pieces, value 5s.; 1 eyeglass, value 1s.; 1 seal, value 6d.; 1 watch-key, value 6d.; 1 ring, value 6d.; 1 padlock-key, value 6d.; 4 pairs of trousers-straps, value 2s., and 1 gold pin, value 5s., the goods of   Joseph Murray , his master .

  JOSEPH MURRAY . I am a tailor , and live in  Regent-street . The prisoner was my shopman ; I paid him weekly - I missed some articles, and had him searched on the 1st of April: a seal, a watch-key, and some straps for trousers were found on him.

  JOHN ANDREWS . I am an officer. I found this property on the prisoner, in his breeches pocket; I then went to his mother's, No. 7, John-street, Lambeth, where I understood he slept occasionally - there I found some more.

  RICHARD DIXON . I am a pawnbroker, in High-street, Bloomsbury. I have a gold pin, pawned on the 9th of March, by the prisoner, for 2s.

  JOSEPH MURRAY . This is my seal - it had been in a drawer.

Cross-examined by MR. BODKIN. Q. Are these articles gold? A. No; I should never have taken him for this, but I suspected he had taken some money from a letter; I have since found that was a false suspicion - it was part of an agreement that I should sometimes make him a present of some articles to wear.

NOT GUILTY .

 

824.   HENRY HEPBURN was again indicted for stealing, on the 16th of March , 1 pen-knife, value 1s. 6d. , the goods of   George Lonstannan .

The article being a pair of scissors instead of a knife, the prisoner was ACQUITTED .

 

825.   WILLIAM HOWELL was indicted for stealing, on the 4th of April , 1 painting, value 5s. , the goods of   Thomas Matthews .

  MARMADUKE MATTHEWS . I am the son of Thomas Matthews, who lives in  Old-street-road . On Saturday, the 4th of April, this painting had been standing on a double chest of drawers in the shop; I had been out, and was returning home, when I met the prisoner with the painting, which I knew had been sent to be sold at our auction-room- not knowing whether it had been sent for, I passed him, and inquired if it was all right; they seemed to know nothing about it, and I pursued him; he dropped it, and I took it up - he got away at that time, but in about ten minutes I met Tyrrell, the officer, with him in custody; this is the painting.

  ROBERT TYRRELL . I am an officer. I had seen the prisoner in company with another lad, opposite the prosecutor's door; the other went and spoke to the prisoner - then the prisoner went into the shop, and in a minute or two came out with this picture; I pursued him a little way, and saw him turn - I took another turning, expecting to meet him; I met him coming towards me, and took him into custody; I knew the other person very well, but I did not know the prisoner.

Prisoner. I took it through distress.

GUILTY . Aged 18.

Transported for Seven Years .

 

826.   JOHN MOSS was indicted for stealing, on the 10th of April , 3 shillings and 1 sixpence , the monies of   Edward Tilbury .

  EDWARD TILBURY , JUN. I am clerk to my father, whose name is Edward - he is a surveyor . The prisoner was employed by us as a porter , and to clean shoes; last Friday I hid myself in a closet in the office, from whence I could see where the money was kept, through a hole which I had made the day before; I saw the drawer open, and a hand put in and withdrawn again - I pushed the door open, and caught the prisoner with 3s. 6d. in his hand; he laid it down on the desk, and that money was missing from the drawer - he has been with us about eight months, and had 1l. per week.

  HENRY RICHARD BUCKERIDGE . The prisoner was given into my charge; he said distress was the cause of it- I went to his house, but saw nothing like distress.

Prisoner's Defence. I have a wife and three children, and was in distress.

GUILTY . Aged 33.

Transported for Seven Years .

 

827.   JANE RITCHIE was indicted for stealing, on the 9th of March , 2 sheets, value 6s., and 1 blanket, value 4s. , the goods of   Joseph Kings .

  SARAH KINGS . I am the wife of Joseph Kings - we live in  Cherry Tree-alley, Golden-lane . We let a ready furnished room to the prisoner, for 3s. 6d.; she came to sleep for the first time on the Sunday night, and staid till the Monday week - she paid no money, nor gave any

notice; when she was gone I missed this property - she was taken on the 20th of March.

  ROBERT WHITE . I am a pawnbroker. I have a blanket and two sheets - I do not know who pawned them, but the prisoner came and said she had pawned these articles on the 9th of March, and had lost the duplicate; I granted her an affidavit.

GUILTY . Aged 24.

Transported for Seven Years .

 

828.   ELIZA DAVIS was indicted for stealing, on the 1st of March , 1 watch, value 4l.; 1 seal, value 1l.; and 2 keys, value 1l., the goods of   Thomas Peck , from his person .

  THOMAS PECK . I have formerly been captain and owner of a ship . Between twelve and one o'clock on the 1st of March I was in  Ship-alley, Wellclose-square ; I was a little in liquor, but I knew what I was about; I was walking home, the prisoner and another girl came, one on each side of me, and wanted to force their conversation - I put out both my hands and pushed them away- they ran up after me, and the prisoner took my watch out of my pocket; I pursued her, and she gave it to a boy, and said "Take it, take it;" I did not exactly see it go from her hand, nor have I seen it again; to the best of my knowledge she is the person who took it, at least she was one of them.

  RICHARD EDWARDS . I heard the prosecutor cry Watch! and several voices cried Watch! likewise - I ran to the end of the alley; some person said, "There is a man murdering a girl at the top of the alley:" I went up and saw the prisoner in the grasp of the prosecutor - she gave charge of him to me for ill-using her; and he said, "I give charge of this girl for robbing me;" I said, "Of what?" he said, "My watch;" I said, "Are you sure that is the person?" he said."Yes, quite sure;" I said, "Don't use her ill - come to the watch-house;" he was a little in liquor, but he seemed to have his senses about him, and to know very well what he was doing.

Prisoner's Defence. I was going through this place, and had just come from a raffle; the prosecutor was calling out Watch! I passed him, and said, "What are you calling Watch! for?" he caught hold of me, and said I had robbed him; there were two girls and three men just a-head; the prosecutor was very much intoxicated.

GUILTY . Aged 18.

Transported for Life .

 

829.   MARY ANN CORAM was indicted for stealing, on the 7th of March , 1 watch, value 3l.; 1 seal, value 1l.; 1 watch-key, value 4s.; and 1 ring, value 1s., the goods of   Joseph Parman , from his person .

  JOSEPH PARMAN . I am a cabinet-maker , and live in Old-street. On the 7th of March I was in  Sun-street, Vinegar-yard, Old-street-road ; about a quarter of an hour or twenty minutes past twelve o'clock; I had met the prisoner before in the City-road - she asked me to go home with her; I went with her to this place, and was there about ten minutes - I then missed my watch - I had been talking with her, but she had not asked me for any money - I had taken no liberties with her; I am certain the watch was in my fob when I went into the house - my seal, key, and ring were to it - I did not take it out -I felt her take it out; another woman came into the room at the same time, and went out directly; she came close to the prisoner, and was near enough to have taken the watch from her; I accused the prisoner of having robbed me, pushed her towards the window, and called Watch! Watch! several times; a man came into the room and said, "What do you do here - what do you want?" and struck me over the head with his fist; I was then about to go, but at that moment the watchman came up; it was a front room, on the first floor; I was going down, and met the watchman on the stairs; I gave charge of her - we went to the watch-house - the man followed us - he insisted upon coming in, and I gave charge of him, for striking me; it appeared to me that the other woman had got my watch; the prisoner was searched, but it was not found on her, nor on the man; the watch-housekeeper directed me to search all my pockets, which I did, and the watch was not about me then: there were between twenty and thirty people at the watch-house, and I had to pass through them to get out; when I got opposite St. Luke's hospital, I found the watch in my left-hand trouser's pocket; I am sure it was not there when I was in the watch-house; it appeared to have been pulled, the ring was broken, and the seal and key were loose - the fob did not appear as if it had been pulled out; I will take my solemn oath that it was not there when I was at the watch house.

  RICHARD HOLMAN . I am a watchman. I heard the cry of Watch! about half-past twelve o'clock - I went to the house - the woman of the house said there was a piece of work up stairs: I went up - the prosecutor said he had been robbed of his watch; I took the prisoner, and found no watch on her; the man who came to the watch-house was locked up, and had three examinations, but was discharged.

  JESSE TUSTIN . I am constable of the night. The prisoner was brought to the watch-house, about half-past twelve o'clock; the prosecutor seemed to have all his senses about him, and told his story correctly and well -I desired him to feel in all his pockets, if he had lost any thing else - he did so; I said, "Are you confident you have not lost any thing else?" he felt all his pockets, and found this bag, with a sovereign and some silver in it, all safe; there were a great number of people in the watch-house, and some outside.

Prisoner's Defence. I never saw that he had a watch; on the following morning he told the watchman that a friend of his had been drinking with him, and had taken care of his watch for him: how could I possibly put a watch into his pocket without his knowing it; that man or woman would not have come up, only he broke all the ornaments on the mantel-piece.

GUILTY . Aged 29.

Transported for Life .

 

830.   WILLIAM DAVIS was indicted for stealing, on the 27th of February , 2 iron hinges, value 2s. 6d. , the goods of   Samuel Batten