Old Bailey Proceedings.
20th February 1834
Reference Number: 18340220

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Old Bailey Proceedings front matter.
20th February 1834
Reference Numberf18340220-1

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SESSIONS' PAPER.

THE RIGHT HONOURABLE CHARLES FAREBROTHER , MAYOR.

THIRD SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, On THURSDAY, THE 20th DAY OF FEBRUARY, 1834, AND FOLLOWING DAYS.

TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON,) BY HENRY BUCKLER .

London: PRINTED BY WILLIAM TYLER , IVY LANE, AND PUBLISHED AT G. HEBERT'S LIBRARY, No. 88, CHEAPSIDE.

1834.

THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY FOR THE CITY OF LONDON, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX.

Before the Right Honourable CHARLES FAREBROTHER , LORD MAYOR of the City of London; Sir James Allan Park , Knt., one of the Justice of His Majesty's Court of Common Pleas; Sir John Patteson , Knt., one of the Justice of His Majesty's Court of King's Bench; Sir John Gurney , Knt., one of the Barons of His Majesty's Court of Exchequer; John Ansley , Esq.; Matthew Wood , Esq.; Christopher Smith , Esq.; Sir William Heygate , Bart., Aldermen of the City of London; The Honourable Charles Ewan Law , Recorder of the said City; Henry Winchester , Esq.; Thomas Kelly , Esq., and Sir Chapman Marshall , Knt., Aldermen of the said City; John Mirehouse , Esq., Common Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justice of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

LONDON JURIES.

First.

Samuel Overall

David Scott

Robert Gore

Robert Roberts

John Sharp

William Thompson

John Bacon

Henry G. Browne

Wm. John Hoppy

John Dean

Samuel King

George Roberts

Second.

Francis Taplin

Benjamin Bowers

Daniel Cloves

Edmund Rolph

Turnham Old

George Ratcliff

Thos. Jos. Clark

John Todd

Edward Lacey

William Ingliss

W. Peter Bennett

David Gutteridge

MIDDLESEX JURIES.

First.

Isaac Anderton

James Almeroth

Robert Appleton

Thomas Armstrong

Charles Apps

Henry Abraham

Thomas Adams

Job Austin

William Bates

Robert Belwood

William Bright

John Beecham

Second.

Thomas Baxter

Thomas Brown

James Bowen

Edmund Baker

Benjamin Branch

Joseph Beazeley

Jacob Bonneylack

John Bulmer

John Brown

William Brooks

William Bayford

Michael Backler

Third.

Nathaniel Baker

George Blackman

Charles Bowman

William Butland

Richard Barron

John Buck

Thomas Baldwin

James Burroughs

Wm. Ed. Burman

Josh. Bailey

Jas. Fulcher Brown

George Byers

Fourth.

Andrew Cower

James Coleby

John Crossley

William Daplin

William Dennish

James Day

Jerrard Debney

William Dunn

Josh. Doughty

Robert Debney

Samuel Daniel

James Desbourn

Fifth.

Samuel Braham

Stephen Busvill

William Coates

George Croft

Edward Coleman

Josh. Crabtree

William Culverhouse

James Christmas

William Comley

John Carr

John Coles

William Crossley

SESSIONS HOUSE, OLD BAILEY, FEBRUARY 20, 1834.

FAREBROTHER, MAYOR. - THIRD SESSION.

* A star placed against the verdict denotes that the prisoner has been previously in custody.

THOMAS PACKER, ROBERT BROWN.
20th February 1834
Reference Numbert18340220-1
VerdictGuilty; Not Guilty
SentenceDeath

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First London Jury, before Mr. Recorder.

315. THOMAS PACKER and ROBERT BROWN were indicted for burglariously breaking and entering, on the 12th of January , at St. Mary-le-bow, about the hour of two o'clock in the night, the dwelling-house of William Sutton and another, with intent to steal, and stealing therein 1 half-crown, 3 shillings, 2 sixpences, 6 pence, and 12 halfpence, the property of William Sutton and another; and 1 handkerchief, value 2s.; and 1 snuff-box, value 2s.; the goods of George Jones .

WILLIAM COLLINS . I am warehouseman to Mr. William Sutton the elder, and Mr. William Henry Sutton - they are partner s, and carry on business at No. 10, Bow church-yard, in the parish of St. Mary-le-bow - it is a dwelling-house - I and my family live on the premises as the servants of the firm - the expenses of the house are paid by the firm, also the rates and taxes - on the 12th of January I slept there - I had no occasion to leave the premises that evening - I went to bed before ten o'clock, and was the last person up- about half-past nine o'clock, I went down to look round, and saw the premises secure and fastened - I examined them myself - every body was gone to bed then except myself and wife - I was the last person up - they were fastened up safe when I went to bed - I got up at five minutes before seven o'clock in the morning - it was not quite daylight.

Q. Could you discern the features of a man by the light of day at that time? A. Yes - I cannot tell how long there had been sufficient daylight to discern the features of a man - I came down directly I got up, and I found all the doors open which I had left shut and locked the previous night - the pair of folding-doors exactly opposite the warehouse were wide open, they are inner doors - at the back part of the premises there is a room looking into a small yard belonging to the next house by a window - that window was open, and a pair of shutters which fasten inside, and were fast overnight, were forced open - I immediately called in an officer and went over the premises, and found the till had been robbed of its contents - I missed about 8s. or 10s. as near as I could judge - there was half-a-crown, 3 shillings or more, and two sixpences, and about 2s. in copper - there was more than 1s. in copper - the warehouse-door was ajar and the chain down - that was shut overnight - the counting-house-door was open - the party had entered through the back window - I missed nothing else myself - a desk in the counting-house, which was not locked overnight, had been opened, and the papers strewed about - the house was entirely secure overnight.

Cross-examined by MR. ARNOLD. Q. Are there any other persons in the concern? A. No - the elder Mr. Sutton's name is not William Henry - I am sure the back window was fastened - I did not do it myself, but I saw that it was done - I do not know who did it - I looked round the premises and saw it was fastened - I did not lift up the window to see if the shutters were bolted, for they are inside shutters - the window is outside.

THOMAS BATTEN . I am a watchman of St. Andrew, Holborn. On Monday morning, the 13th of January, I was sent for to the Eagle coffee-shop, Farringdon-street, and saw the prisoners there - I was sent for to turn them out of the coffee-shop, which I did; and after turning them out I received information, and took them into custody in four or five minutes - it was about five o'clock in the morning - I am sure it was not later - there were two others in company with them - I took them to the watch-house, and on searching Brown, I found a crow-bar, a phosphorus-box,

a latch-key, half-a-crown, and seven penny-pieces; and I took a silk handkerchief off his neck, which I produce - on Packer I found 3s., but nothing else.

GEORGE JONES . I am clerk to Messrs. William Sutton and Son - on going to the warehouse on Monday morning, the 13th of January, I missed a black cloth waistcoat, a silk pocket-handkerchief, and a snuff-box - the waistcoat and a coat had hung on a nail in the counting-house of No. 10, Bow church-yard, which is part of the dwelling-house - the handkerchief and snuff-box were in the coat-pockets - the counting-house is part of the dwelling-house, under the same roof, and communicates with it internally - there is only one door from the street to the premises - the handkerchief and snuff-box were both produced at Guildhall by Batten - I identified the handkerchief as having been stolen from the counting-house - (Batten here produced the handkerchief) - this handkerchief is it, and the one I lost - I know the prisoner Packer - he was an errand-boy in the service of my employers - I think he left on Good Friday, 1833, or about that time.

Cross-examined. Q. What mark is on the handkerchief? A. My name in full, in marking-ink - I am not interested in the business, only as servant - I receive a salary - Sir Peter Laurie did not think the snuff-box need be kept by the officer; I have had it in my care ever since the charge, and know it to be mine - the window at the back of the premises seemed to be forced open by violent means - we call it the back room of the warehouse, which the other witness has mentioned - it appeared to have been forced open by a crow-bar - there were marks of what appeared to be two prongs of a crow-bar, in three or four different places.

WILLIAM COLLINS . Herdsfield, the officer, brought a crow-bar to me; he is not here - I applied it to the window - I do not know where it came from myself.

THOMAS BATTEN . I have the crow-bar here.

Cross-examined. Q. Have you had this in your possession ever since? A. Yes; I gave it to Slate, the constable of the night, as soon as I searched the prisoner - I took it from him and delivered it to Slate - I had it back when we went to Guildhall, at eleven o'clock in the morning - he then gave it to me - I have had it ever since - I have not compared it with the premises.

JAMES SLATE . I received a crow-bar from Batten between five and six o'clock on the morning of the 13th of January, it was before daylight - I kept possession of it till we went before the Lord Mayor, at twelve o'clock - the prisoners were then remanded till next day, and I kept possession of it till Tuesday, at twelve or one o'clock, when the magistrate sat; and, as I was not bound over, I gave it over to Batten; but, on the Monday night, I went to Mr. Sutton's premises, between five and six o'clock, and applied the crow-bar to the marks on the shutter; it fitted two marks out of three exactly; it did not exactly fit the third place, but it might have been made by the same instrument - one prong of this crow-bar is shorter than the other - there was the same appearance in the marks, and they exactly fitted it on the back - they were sliding shutters - I could be on my oath that the marks were made by such an instrument - they had every appearance of it.

Cross-examined. Q. Is not that a common-sized crowbar? A. It may be, for what I know - I have seen crowbars before, but very seldom - I have not seen many similar ones - I have seen a larger and a smaller one, but not one broken exactly as that is - I might have seen them, but never had them in my possession - I could not account for the crow-bar not fitting the third mark - two marks were on one shutter, and one on the other - they might be three or four inches apart - Batten gave me the crow-bar about five o'clock in the morning - I saw it found on Brown at the watch-house - I had it in my custody from then (Monday), till about twelve o'clock on Tuesday - it was never out of my possession from five o'clock on Monday till twelve o'clock on Tuesday, more than handing it to the officer.

THOMAS BATTEN re-examined. Q. How is it you and Slate differ as to the time the crow-bar remained in your possession? A. I remember taking it from him when they were committed - I am mistaken in saying I had it from him on Monday, it was on Tuesday when they were committed - I gave it to Slate on Monday morning at the watch-house - I took it from the prisoner Brown in his presence - I did not find the snuff-box - I saw a fellow-watchman pick it up - he is not here - he picked it up going up Holborn-hill, nearly opposite St. Andrew's church; it rolled off the pavement opposite St. Andrew's church, Holborn - I had the two prisoners in custody at the time - they were passing along where it was found - I and another watchman and the prisoners were present, and one or two of St. Sepulchre's watchmen, and two other prisoners - there were in all four watchmen and four prisoners, and people following.

Cross-examined. Q. You mean to say it was purely a mistake when you said you had the crow-bar out of your possession only six or seven hours? A. It was quite a mistake - when I heard Slate say it was not so, I recollected myself from the prisoners being remanded - I have kept the crow-bar ever since on my premises in my top cupboard, in my front parlour, locked up, and I have always kept the key - I have trusted my wife with the key when I have been present, but never when I have been absent - I do not swear the cupboard was always locked, because it was frequently unlocked - it has never been unlocked while I have been absent.

Packer's Defence. I had been to Epping on Sunday morning - I returned and got to Farringdon-street about half-past two o'clock - it was too late to go home - being too soon for the coffee-shop to open, I stood about on Holborn-hill until three o'clock, when the doors were open- I went in and had some coffee; and about five minutes after I went in, the other prisoner came in - I knew nothing of him - he sat in the box - I had what I called for, and paid for it - there was another lad in the box besides me - before I went in he had gone into the box - well, in came two others, who were taken up afterwards - one of them was making a disturbance with a man - the woman said, if we were not quiet she would have us turned out - she went and fetched two watchmen, who turned us out, and then a watchman came, collared me, took me to the watch-house, he found nothing on me but the money - I know nothing of the other prisoner.

The prisoner Brown made no defence.

ROBERT LEGGET . I have been a proprietor of cabs till

about six weeks ago, and live at Walworth - Brown was in my service about eight months, not exactly driving, but looking after the stables; and sometimes he drove - I have known him at least six years - I knew him when he lived with Dr. Box, on Ludgate-hill - he bore the character of a very honest man indeed - he was driving a cab for me on the 12th of January; and at one o'clock that morning he drove the cab home, and put up and fed his horse at my stables at Walworth - I believe he lodged in Searle's-place, Carey-street.

COURT. Q. Did you see him on Sunday night? - A. Yes, at Walworth, on Sunday night, the 12th of January, at one o'clock - I am sure of that.

MR. CLARKSON. Q. Would his way from Walworth to Searle's-place be over Blackfriars'-bridge? - A. Yes; I should say so - I believe the coffee-shop in Farringdon-street is at this end - it would take him not above half an hour to go from the stables to Carey-street - he left the stables after one o'clock - during the time he was with me I believe him to bear an honest character.

COURT. Q. Did he leave with his cab or on foot? - A. On foot - Searle's-place is in Carey-street - it would take about half an hour to go from Walworth to the coffee-shop - I know Bow church-yard - it would not take much longer to go there.

William Ball , Edward-street, Vincent-square, Westminster, and Susannah Child , gave the prisoner Brown a good character.

BROWN - GUILTY . Death . Aged 19.

PACKER - NOT GUILTY .

JOHN HARRIS.
20th February 1834
Reference Numbert18340220-2
VerdictGuilty > with recommendation

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Second London Jury, before Mr. Recorder.

318. JOHN HARRIS was indicted for burglariously breaking and entering, on the 23d of January , at St. Sepulchre, about the hour of eight at night, the dwelling-house of Ebenezer Golding , with intent to steal, and stealing therein 1 shoe, value 4s., the goods of the said Ebenezer Golding .

JOHN WEST . I am a workman in the employ of Mr. Ebenezer Golding - he is a shoemaker , and lives at No. 30, Long-lane, West Smithfield, in the parish of St. Sepulchre - he does not sleep in the house himself; but his apprentice and his shopman sleep in the upper part of it; and he lets the first floor - he carries on his business in the shop - I was sitting there at work about eight o'clock at night, on the 23rd day of January - I was by the window - it was dark - a square of glass was pushed in, and I saw a man's arm and hand come in - I ran out and took the prisoner with this shoe in his hand - I do not think there was any other person who could have introduced his hand but the prisoner- he had scarcely got his arm back when I got out - this is the shoe he had, and here is the fellow to it - the pair are worth 8s. and are Mr. Golding's property.

HENRY BROWN . I am a constable - I received the prisoner, and produce the shoe he was stated to have stolen, and the fellow to it.

Prisoner. Q. Did you see the shoe taken from me? - A. No.

JURY. Q. Was his hand cut? A. I did not see any cut on it - the shoes had been tied together, as West states; and he supposed the string was cut by the glass - the prisoner appeared in great distress.

GUILTY.* Aged 43. - Recommended to mercy by the Jury. being in a state of starvation at the time .

ROBERT SIMKINS.
20th February 1834
Reference Numbert18340220-3
VerdictGuilty > with recommendation
SentenceDeath

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First Middlesex Jury, before Mr. Justice Park.

319. ROBERT SIMKINS was indicted for stealing, on the 17th of January , at St. Dunstan, Stebonheath, alias Stepney, 1 half-crown, 4 shillings, 3 sixpences, 4 half-pence, and 1 loaf of bread, value 1d., the property of Godfrey Dummert , in his dwelling-house, and being in the said dwelling-house, and having committed the felony aforesaid, on the same day, about the hour of three in the night of the same day, the same dwelling-house feloniously and burglariously did break to get out of the same, and feloniously and burglariously did get out of the same ; against the Statute.

GODFREY DUMMERT . I am a licensed victualler - I keep the Queen's Head public-house, Ratcliffe-cross, in the parish of Limehouse - I think the name of the parish is St. Dunstan, Stepney .

TIMOTHY DONOVAN . I am a policeman - I know the prosecutor's house - it is in the hamlet of Ratcliffe, in the parish of St. Dunstan, Stepney.

GODFREY DUMMERT re-examined. I am the housekeeper - I rent the house myself - I am not a lodger - I have known the prisoner for the last two years - he frequented my house - he is a jobbing man , and gets a job wherever he can - I saw him at my house almost every evening - I did not see him there the evening before this happened - I was before the magistrate on the 17th of last month - I had seen him in my house on the morning of the 16th - I did not see him in the evening, and did not give him leave to sleep in my house that night - I looked in the tap-room before I went to bed - I found nobody in it - I did not see the prisoner there - I have a coal-box in that tap-room - it is large enough to hold a person - I did not look into that when I was searching - there is a room behind the tap-room where a person could hide himself - there was some money left in the till - I do not know how much - there might be between 8s. and 9s. in copper - the till was unlocked when I went to bed - I was called up at a quarter before three o'clock in the morning - I went to bed about a quarter before twelve o'clock - it was dark when I went to bed - the policeman called me up - I examined the till when I got up - I pulled it open, and missed some money - I am sure I shut my house-doors when I went to bed - I found the policeman in the house - when I saw the prisoner at my house in the morning, he told me he had no money; and I let him have a crust of bread and cheese, and a pint of porter.

TIMOTHY DONOVAN (policeman). On the morning of the 17th of January I was in the neighbourhood of this house, about a quarter after three o'clock, and saw the door of the Queen's Head (which is the prosecutor's house) open a little, and some person was looking out - I went across, and the door was closed against me - I suppose he saw me coming, but I do not know - I pushed the door, it would not open, and then I called Mr. Dummert - when I found he did not answer me, I pushed the door open, and saw the prisoner standing in the passage, by the light of the gas

which was burning in the passage - when he saw me he turned into the tap-room, and from his manner I thought he was going to throw something away - I told him to come into the passage - I asked if he had any thing about him - he said, "Nothing;" - I asked what business he had there - he said the landlord had given him leave to sleep there - I then commenced searching him, and in an inside pocket I found this rag, with some money in it, 8s. in silver, and 4s. 61/2d. in copper, in another pocket 71/2d. in copper, and in his hat, (I believe it was,) I found a penny loaf - I called the landlord down stairs; when he came down I asked if he had given the prisoner leave to sleep there - the landlord said, "No, certainly not;" the prisoner was present - the landlord's sister came down - I told her to look into the cupboard, and she missed a penny loaf in the prisoner's presence - I took the prisoner to the station-house - he never got out of custody - at the station-house he said he got the eight shillings from St. George's Workhouse - he did not account for the copper, and in the morning I told him I would take him to St. George's Workhouse to see if he got the eight shillings there - he then said he got but two shillings there.

GODFREY DUMMERT re-examined. There was as much as five or six shillings' worth of copper in the till - I had looked in the till just before I went to bed - I am sure there was five or six shillings' worth - I cannot say what quantity of silver I had - I know there was one half-crown.

MARY DUMMERT . I am the prosecutor's sister - I was called up on the night in question - I had seen the doors and windows fast before I went to bed - I had left two penny loaves in the cupboard - I had seen the prisoner in the house the very evening before the robbery - he asked me for some tobacco - my brother did not see him then - he said he had got no money - I am sure I left two loaves in the closet, and when I came down I missed one.

JURY. Q. What time did you go to bed? A. About a quarter before twelve.

The prisoner made no defence.

GODFREY DUMMERT . I had known the prisoner two years - I always thought him an honest man.

GUILTY. DEATH . Aged 55. - Recommended to mercy on account of his character by the Prosecutor and Jury .

THOMAS BATT, GEORGE KIPPIN, NICHOLAS DONOGHUE.
20th February 1834
Reference Numbert18340220-4
VerdictGuilty; Guilty; Guilty
SentenceDeath; Death; Death

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First Middlesex Jury, before Mr. Baron Gurney.

320. THOMAS BATT , GEORGE KIPPIN , and NICHOLAS DONOGHUE were indicted for, that they, on the 6th of February , at St. Dunstan, Stenbonheath, alias Stepney, feloniously, unlawfully, riotously, and tumultuously, did assemble together, with divers other persons, to the disturbance of the public peace, and being so assembled, feloniously and unlawfully, and with force, did begin to demolish, pull down, and destroy a certain house there, belonging to George Lidyard , against the Statute, &c.

2nd COUNT, like the first, only omitting the words printed in italics.

MR. ADOLPHUS conducted the prosecution.

GEORGE LIDYARD. I keep a beer-shop , called the White Lion, in Fair-place, Stepney-fields, in the parish of St. Dunstan, Stepney - there is another beer-shop, next door, called the King William - Mr. Miller pays his men at my house, and has done so for the last ten or fifteen months - he pays the coal-whippers in his employ - on Thursday evening, the 6th of February, about half-past eight o'clock he was at my house ready to pay his men, and some intelligence was given - we received an alarm that there was a mob coming; in a few minutes a person came into the place - I believe he was alone - I did not see anybody else with him - shortly after that one person came in there was a terrible crash, and there was a great number of persons there.

Q. What do you mean by a terrible crash? A. Breaking in the windows and window-frames with brick-bats and stones; and part of a flat iron, without a handle, was thrown into the bar - I could hardly hear their expressions; for the shouts were very tremendous, and some observations passed - there was a general huzza; they broke in the windows and frames, and demolished the chairs in the house.

Q. Did people come in through the window? A. Yes, they did - I could see four or five; but how many were outside it was impossible to state - when they came in, they endeavoured to catch hold of Mr. Miller and part of his men - he was under the necessity of leaving the house entirely to their mercy; and both Mr. Miller and the coallumpers, whom he employed, were obliged to leave the house and fly for their lives in all directions - Mr. Miller had some money in a basin on the table in the kitchen, which is a back room - a good deal more damage was done to my house, - they went up stairs - they pulled down a partition in the tap-room and the parlour, and the brick wall was pulled down - the brick wall which was pulled down was behind the house, in the garden - that was part of the house - I did not see any of the persons to distinguish their persons.

Cross-examined by MR. PHILLIPS. Q. Who is Miller? A. A person who employs a number of men as lumpers in the coal trade - my house is a beer-shop, in which the men were usually paid - I have nothing to do with the coal trade myself - Miller has no interest in my house at all - I had not the least quarrel myself with the men.

Q. Nothing to induce them to have any animosity towards you, whatever they might have had towards Miller? A. Not the least - I believe there was some ill will on the part of the men towards Miller, but I had nothing to do with it - I have not the least doubt that Miller would have been murdered, if he had not made his escape.

Q. I believe you have very little doubt their object was to wreak a very atrocious vengeance on him? A. I rather think it was so.

Mr. ADOLPHUS. Q. Before they came to where Miller was, did they break in your windows as you have described? A. Yes; they knew that Miller resorted to my house to pay his men.

COURT. Q. Was it a notorious thing in the neighbourhood that Miller's pay-table was at your house? A. He used to check and pay there almost every evening - he has sometimes paid a hundred and fifty men of a night there - I have seen from a hundred to a hundred and twenty paid there.

Q. Was there a difference among the coal-whippers - were they in two parties? A. It is impossible for me to say - I believe some worked at one price and some at another - there was never a disturbance at my house before - I lost 3l. 16s. from my up-stairs room - some of the mob went up stairs - I do not know what became of Miller's basin and money - I cannot say how many persons there were at the time the mob entered; I should suppose there were twenty-five or thirty - the mob dispersed us all - I was under the necessity of disguising myself, and getting into the next house, and the people there tried to prevent my remaining there - they were afraid of being murdered as well - I was not kept out of my own house more than seven or eight minutes myself, before I returned to it.

Q. Did the policemen come? A. Yes; two of them acted like men; they were Barton and Sheen; they certainly did their duty - they called me from over the wall, and said the mob were all gone.

Q. When the mob came in through the window which was broken, did they do anything directly to the partition between that room and the next? A. Brick-bats and stones were thrown to such an extent that every part was demolished, both the window-frame and everything.

Q. Was the partition between that room and the other pulled down? A. Quite demolished - that was between the tap-room and the parlour.

THOMAS MILLER . I am called a lumper in the port of London - I know the three prisoners well - I have never employed them as whippers to my knowledge - they are coalwhipper s - we have had thirteen ships sometimes, and nine men in each ship - I employ above a hundred men - various sums have been given for delivery of coals - I have made no alteration in their wages for the last six months - there are two prices, I believe - I now pay less than I did six months ago - I generally pay my men at Mr. Lidyard's - on the evening of the 6th of February I was there with the intention of paying my men, and had 7l. in silver in a basin, and I sent for five shillings worth of halfpence - I was there about half-past eight in the evening, in the back kitchen - while I was there I heard a noise and tremendous shouts and halloos - they said, "Murder Miller, and all the b-y lumpers" - the noise was like a clap of thunder, from a great many voices - there were too many to distinguish - I left my money, and flew over the brick wall for my life - I heard a tremendous crash in front of the house - they broke in, and then I fled and left my money behind - I saw nobody there that I could distinguish - I made the best escape I could, and know nothing more.

COURT. Q. You pay your men by the ton, I believe? A. Yes; I pay them now a penny a ton - there was no discontent among my men - I believe there has been a great deal of dissention on the subject on the coast of Wapping - it was formerly three halfpence a ton, then reduced to five farthings, and then to a penny - there have been disorders among the whippers at several houses on the coast of Wapping, and several breaches of the peace, but not at our house - these prisoners were not among the men I employed.

JURY. Q. Of your own personal knowledge, have there been any riots or breaches of the peace among coal-whippers? A. There had been pieces of work on the coast of Wapping at different houses - I am positive of that.

COURT. Q. Have you been present and seen that? A. I have not seen it.

PHILIP MOON. I formerly worked at coal work, and live in Dean-street, Shadwell - I have been in Miller's employ - on the 6th of February I was at the White Lion before the mob came - I was there between eight and nine o'clock - I was standing near the front door, and the prisoner Kippin entered the door - a large mob was outside - he scarcely entered the door before brick-bats and stones came through the window like a shower of hail - Kippin rushed himself in - the door was not open - he pushed it open and rushed in, and immediately the volley of stones and brick-bats came through the window in such a manner, it alarmed us - we did not know what was amiss - I then turned from the front door and made my escape backwards - I did not see Kippin do anything except rush in at the door.

COURT. Q. Did the mob come in the house before you left? A. No; I got away before they came - I did not hear Kippin say anything.

GEORGE LAWRENCE . I was present at the beer-shop on the night of the 6th of February, and saw Kippin there - he came in at the door, and said, "I want some beer," twice, and he asked where b-y Miller was, and by that time they began pelting stones and brick-bats in at the window outside - I saw nobody else there that I knew - I ran out backwards and got on the kitchen tiles - I saw Craycroft there - I saw Kippin follow him out of the back-window, and make a strike at him as he (Craycroft) was getting over the wall.

COURT. Q. Was that while he was escaping from the mob? A. Yes; he is not a coal-whipper, but a seaman.

JURY. Q. Had Kippin any offensive weapon in his hand? A. I cannot say what he had, whether it was a stick or anything - I cannot say whether he had anything - I do not know what he struck with, whether it was his fist or what.

CORNELIUS CRAYCROFT . I was at the White Lion on Thursday night, the 6th of February - I was in the parlour which is at the back of the house, and heard a noise outside the house, and the windows broken - I intended to escape backwards, but some people belonging to the house got there first - and as I could not get through, I came out of the parlour-door to go up stairs, and met Kippin at the parlour-door - I retreated back, and he followed me through the parlour door - I got through the window and escaped over the wall. Somebody followed me close to the window and struck at me, but I cannot say whether it was Kippin - he made a blow at me then with his fist or a stick - but so many had got into the tap-room then, I cannot say whether it was him - the mob had filled the house by that time, and the mob called out, "Murder them all."

COURT. Q. Had there been differences among the coal-whippers? A. Yes; I have heard differences - grumbling along the coast.

ANDREW MARSH . I was at the White Lion on the night in question - I have worked for Mr. Miller for the last month or six weeks - the stones came through the window and I was struck - I was in the parlour in the back-

room behind the tap-room - a good many stones came through, and I was struck by either the first or second stone that came through the window - I was knocked down and made senseless - what happened afterwards I cannot say - I saw Kippin at the bar-door before I was knocked down - he either asked for a pint of beer or a pot - I cannot say which.

COURT. Q. When you recovered, was the mob gone? A. I found myself in the back garden; whether I got out myself, or was taken out, I cannot say.

JURY. Q. Did you hear Kippin call for beer? A. Yes.

THOMAS MILLER , JUN. I am the son of Miller who has been examined - I was at the beer-shop on the night in question - I was in the kitchen, and heard the crashing of the windows, and thought all the front of the house was coming in - I made my escape as well as I could through the kitchen, got over the wall - as I got over the wall, somebody got hold of my leg - I got away - the wall parted between us, and fell down - I got on the privy in Fair-street, and hid there about half a minute - I saw fourteen or fifteen people in the yard - they had come through the house - they were not in the house before - they were part of the mob who came in to murder us, I believe - I know Batt - he was one of them - I saw him getting over the wall from the house - I do not know for what purpose, but one or two came close to me, and there were fourteen or fifteen, and they said,"Here is the bl-y police;" and some of the men in the yard said, "Never mind if there is a hundred" - I afterwards saw the police - I made my escape through the house, after seeing a man fall down, and got into the street - I saw Batt go up as far as the pots - he did not go into the mob then, but came back, and I saw his face - I saw a lot of policemen coming, and I seized him and gave him in charge.

COURT. Q. You say you saw fourteen or fifteen come through the house, into the back yard, who appeared part of the mob; was Batt one of them? A. I saw Batt getting over the wall - I did not see him come out of the house - he was getting over the wall behind the house - my father did not live in Lidyard's house.

JOSEPH BARDON (policeman). I went to the White Lion on the evening of the 6th - I was in Stepney-fields about two hundred yards from the White Lion, and heard a shout of huzza - I ran towards the house - when I got to the corner of the street, I saw a body of persons, I should think between four and five hundred, as near as I can calculate - I heard the stones rattling against the house, at the time I got to the corner - I then ran between the house and the mob, drawing my staff at the same time, and told them to withdraw - I then jumped over the ditch - I saw two or three stones thrown at the house, while I was there - I received one blow from a stone or brick-bat - before I jumped the ditch, I saw Batt standing on the opposite side, among the mob - in fact, he was in front of the mob - he threw two stones or brick-bats - I cannot say which - after going a little way back into the field, I jumped over the ditch again, went to the house, and was about entering the house - I had one leg in, when the stones came rattling about me - I got over the ditch again, and drove the mob further back - I returned to the house, entered it, and called for the landlord - I received no answer, and called a light, which my brother constable brought - I turned round to the window, and saw some respectable persons, as I took them to be - I charged them to aid and assist, and enter the house with me - they did so - we searched the bottom of the house, and then went up stairs - I found the front bed-room door broken open - the back bed-room door was fastened - I returned down stairs, and went out into the back yard; called for the landlord; found him in the next yard - he spoke to me at the wall - I returned to the White Lion - there was search made, and some money found scattered about - it was picked up by different persons - there was eight shillings in silver, and four shillings and seven pence halfpenny in copper - I heard, some time afterwards, that a person was taken into custody - I went to the watch-house, about two hours and a half after, and saw the prisoner Batt in custody.

Q. Did you say anything to the mob assembled about their proceedings? A. I told them to desist throwing; and the first man who threw a stone I would knock down, and take him in custody; but I knew my life was in danger - I cannot identify the other men; but next day I apprehended Kippin from information - I asked where he was the night before - he said, "At the White Lion," but he knew nothing about the row.

WILLIAM SHEEN (police-constable). I was in company with Bardon on the night in question - I saw Batt throw twice in front of the White Lion, he threw brick-bats or stones - he was in front of the mob, forming part of them.

COURT. Q. Did you go in the house? A. Yes: with Bardon - there were whole bricks in the house, and parts of bricks, and stones - one of the constables has one stone.

DENNIS POWER (police-sergeant). I went into the house - I cannot identify any of the prisoners - I found brick-bats and stones there, which had been thrown, and I produce some of them - these are not paving stones, but large stones which had been placed on the road; and here is one brick-bat - I saw a great portion of the front of the house and the inside demolished - it was apparently done by the bricks and stones which lay inside - a portion of the wainscoating, and the sashes which divide the parlour and the tap-room, and the window of the tap-room were entirely broken - the glass and sashes were broken in, the wood work as well as the glass.

JOHN MURRAY (police-constable). I saw the mob coming along Ratcliffe-highway - I saw Kippin among them, and laid hold of him by the collar; and said, "What are you doing here?" - he said, "What the devil is that to you? I am innocent" (this was after it was over) - they were a mile, I dare say, from the White Lion - they were coming along in a riotous way - they stopped opposite the Pewter Platter, and broke the window - they were a disorderly mob - I took hold of Kippin, and a mob came and rescued him from me directly - I saw nothing of Donoghue - I apprehended him in Brook-street, Ratcliff-highway, two days afterwards (on Saturday) - in going to the watch-house, he said, "Mr. Murray, what have you taken me for?" I said,"About the disturbance at Stepney, I believe" - he said,"Is that all? I wish they had broken the b-y b-s neck."

HUGH HUGHES . I am a policeman - I apprehended Batt, about half-past eight o'clock on the evening of the 6th of

February, close to the White Lion - I told him he must come with me to the station-house - he seemed confused - I said, "What is the matter?" - I said, "Do you mean to say you were not in that mob?" - he said, "I heard a noise, and came to see what was going on" - I took him to the station-house.

BRIDGET POWELL . On the evening of the 6th of February I was going to the White Lion, about half-past seven o'clock, and saw the mob go over towards the White Lion- I saw the prisoner Donoghue among them - I did not see the other two men - there were a great many persons in the mob - I cannot say how many - they went up Stepney-causeway, across the fields, and went to the White Lion - I saw Donoghue heave a stone towards the White Lion - that was when the mob threw stones - he said nothing on seeing me.

COURT. Q. How far did you see him go with the mob? A. I saw him come up the lane through Stepney-causeway and through Stepney-fields - I saw him for about a quarter of a mile before he came to the White Lion - he was all that time with the mob - when they got to the White Lion they began throwing stones directly - I saw him throw one stone - I did not see Kippin go into the house.

JOHN ALLEN . I am a waterman - on the night in question I was going to the White Lion, and was stopped by a person, and did not go - I met Donoghue in School-house-lane - I said to him, "Halloo, Mike!" he said, "Halloo, Jack!" and hallooed out to the mob, "Here is one" - I am occasionally a coal-whipper, and work for Miller - I ran off with all possible speed to get away from the mob to save myself, and at that time I heard the panes of glass being broken at the Pewter Platter - I did not see the other two - I held my head down, so that they should not observe me.

COURT. Q. Did they go to the White Lion after or before they went to the Pewter Platter? A. I do not know; it is three quarters of a mile from the Pewter Platter - Donoghue appeared to be one of the mob - this was close upon the stroke of nine o'clock, I should think.

JURY. Q. What made you think Donoghue was one of the mob? A. He addressed the mob who was walking with him, and said, "Here is one."

GEORGE RITCHIE . I keep the George public-house, Cock-hill, which is three quarters of a mile or a mile from Lidyard's house - on the Thursday evening from four to five hundred persons came to my house - they were coal-whippers - I saw none of the prisoners there - when the mob was going from my house a large number of voices called out, "Away for Miller's, and pull the b-s house down," and they went off - that was the cry of the mob - before that they had been threatening my house - they went towards Miller's house.

Cross-examined. Q. Do you know where Miller lives? A. I do not; I know where Lidyard lives - I did not see the prisoners among the party at my house - they broke my lamp - they could have done what they liked.

COURT. Q. Do coal-whippers frequent your house? A. Yes; some who work at one penny, and some at one penny farthing - I pay them myself for the masters - I paid some one penny, and some one penny farthing, at that time.

ANN RITCHIE . I am the wife of the last witness - I saw the mob at the door of our house, and heard them say, "Away to Millers', away to Miller's - and pull the b-y house down" - our lamp was broken.

COURT. Q. How long were they in front of your house before they went away? A. I should think about ten minutes.

JOSEPH MORRIS . I am a surveyor - I examined the house of Mr. Lidyard, and found the sashes of the window in the front of the tap-room broken to pieces, as well as the glass that was in - the sash was broken to pieces, but not the outside frames - the middle frame, which we call the sash, which are the divisions between the panes - the frames were merely damaged with blows - the window of the front bed-room, over the tap-room, was literally broken, and the sash part and the frame damaged - the top part of the street-door had a sash, which was broken to pieces, and the door injured with blows from stones and brick-bats - the tap-room door, or rather the passage-door between the passage and tap-room, had the sash broken in, and the casement which turns on hinges - there was a pair of doors between the tap-room and parlour - one of those doors had a sash in it which was broken to pieces, and the panel of the other door was broken out - the back-yard wall was taken down, and the chairs in the tap-room broken to pieces - the wainscoat between the tap-room and the room behind was broken, and one panel broken out, and a panel between the tap-room and passage broken, and the partition very much injured with heavy blows - this all appeared to have been done with stones and brick-bats, by violent means.

THOMAS MILLER re-examined. Q. Where do you live? A. In Pleasant-row, Stepney-green, about three hundred yards from the public-house - no mob came to my house, nor was any damage done to it that night.

Batt's Defence. I am innocent, my Lord - I never saw anything done, and did not have a brick in my hand.

Kippin's Defence. I went to the house, and called for a pint of beer, not knowing the mob was near the house at all - as soon as they came, I came out, and went on.

Donoghue's Defence. I am as innocent as the child unborn.

Samuel Griffths , a coal-dealer; William Ellis , horsekeeper; Thomas Shepherd , rope-maker, of Stepney-causeway; John North , licensed victualler, Broad-street, Ratcliffe; William James North , William Blakey , ship-owner, Stone-stairs, gave the prisoner Batt a good character.

John Mason , licensed-victualler; William -, boot and shoemaker, Lower Cornwall-street; Thomas Corral , baker, Newmarket-street, Wapping; Peter William George , tin-plate worker, gave the prisoner Kippin a good character.

James Dowling , licensed-victualler, Ratcliffe-highway; James Brown , hair-dresser, and Michael Donoghue , ballastman, gave the prisoner Donoghue a good character.

BATT - GUILTY . Death . Aged 45.

KIPPIN - GUILTY . Death . Aged 42.

DONOGHUE - GUILTY . Death . Aged 18.

MARY ADLAM, ANN PUGH.
20th February 1834
Reference Numbert18340220-5
VerdictGuilty > pleaded guilty; Guilty
SentenceTransportation

Related Material

OLD COURT, Thursday, February 20th, 1834.

First Middlesex Jury, before Mr. Justice Patteson.

321. MARY ADLAM and ANN PUGH were indicted for stealing, on the 8th of January , at Enfield, 12 silver tablespoons, value 9l.; 10 silver dessert-spoons, value 4l.; 2 silver gravy-spoons, value 30s.; 2 silver sauce-ladles, value 16s.; and 9 silver forks, value 6l. 15s.; the goods of Rose Riddell , in her dwelling-house .

Ann Pugh pleaded Guilty , aged 20.

ROSE RIDDELL . I am a widow , and live in my own house at Enfield - the prisoners lived in my service at the time in question - Adlam was my cook - on the morning of the 8th of January I was asleep and heard a noise, a knocking at my door, and asked who was there - I was answered by both the prisoners, that they were sure the house was robbed, as the window of what I call the servant s'-hall was down and the pane broken - I got instantly out of bed - immediately opened the door and went down with the prisoners - I did not ask what made them think the house was broken open - I went down stairs - found the windowsash down and the middle pane broken, a chair under the window, and a spoon lying close behind it - I turned round to the cupboard where the plate was kept, and found both the drawers open - the plated articles were all left, but I found twelve table-spoons, ten dessert, two ladles, two gravy-spoons, and some tea-spoons missing - I took up the remainder of the things, and while I was going out of the room it occurred to me that the key of this room door was generally outside the door - on this occasion it was inside, that is the servants'-hall, where the plate was kept, and where the window was broken - I said to the cook, "How came the key inside the door?" - she replied, that when she came down stairs the door was locked - and when she picked up the spoon and gave it to me she said,"I dare say the person who had taken these things in their hurry has dropped the spoon" - I had parted with a groom a day or two before that, and I happened to say at the time, perhaps it might have been the groom who did that out of a pique, and the cook said, "If I was you, Ma'am, I would have a search warrant in the morning and search his house" - I took no notice of that, and they insisted on my going round into the different rooms, for they said they were sure somebody must still be in the house - I went with them, but found nobody - I went up stairs to bed. The value of the silver I missed was 20l. or 25l. - some of it was old silver - Adlam said they were washing in the washhouse when they heard some silver rattling - they were both together, and both said the same thing, but not together - Adlam said while she was washing she heard a noise in the servant's-hall, and that they took a light and went to see who was there, or what was the matter, and they saw the sash down, the window broken, and the silver taken away - I went to bed, and between eight and nine o'clock Pugh came up to me, with five tea-spoons in her hand, which she gave me - Adlam was not there- when I was disturbed in the morning, I went round to the doors and found them all locked, and the windows fast except that one - I had not been in the servants'-hall the night before.

Cross-examined by MR. PHILLIPS. Q. Is your groom here? A. No - he is a grown-up man - his name is Edward - the prisoner had a little black box - it was large enough to hold the spoons - I did not search her box at any time, because the spoons were found between three and four o'clock in the afternoon - Mead, the constable, brought them to me.

JURY. Q. Was there a lock on the drawer the plate was kept in? A. There was on the cupboard in which the drawers are - there is not a lock on the drawers, because the cupboard-door locks them in.

WILLIAM FOX . I have lived in the prosecutrix's service five months last January - on the morning of the 8th of January, I was called up by the prisoner - I have the care of the plate - I put it into the drawer in the butler's pantry the night before, and shut the drawer - the windows were shut and the shutters, but the screws were not put in - I locked the door of the room the night before, and left the key outside, and went to bed - I sleep in the adjoining room, three or four yards from the place - I was awoke in the morning - I do not know what awoke me - I got up at a quarter past four o'clock - I was awoke about three quarters of an hour before that, and did not go to sleep again - I heard the rattling of silver in the hall (which is a room next to mine, and the room in which the plate was kept) - and I heard it in the kitchen next - and I heard footsteps and talking in the kitchen, and silver rattling - I heard the rattling of the silver first, and then the talking - I heard nothing else - there were about two persons talking - I did not understand their voices - I could not tell who they were by their voices - it seemed like the housemaid's voice - I looked at the clock when I got up - it was just twenty-five minutes past four o'clock - I went into the kitchen and saw both the prisoners - Adlam left the kitchen about a quarter to five o'clock - I saw her come back - she brought in five tea-spoons with her and gave them to me - they were wet and muddy - she said she had picked them up on the green - it was about five o'clock - she had been out about a quarter of an hour - it was quite dark then - I do not recollect whether she took a lanthorn out - we were burning candles in the house - there is a lanthorn generally kept in the kitchen - I do not remember seeing it there when she was absent - it might have been there without my seeing it - I wiped the spoons, and put them into the drawer where the plate was kept - I did not give them to the other prisoner - this was after mistress had been down stairs.

Cross-examined. Q. Did you shut up the drawer after putting the spoons into it? A. Yes - I did not lock the cupboard - the housemaid came into the hall and took the five spoons up to mistress - they are the spoons Adlam said she had found, and gave to me - she might have had the lanthorn out and I not perceive it - I was a little frightened - the housemaid's was the only voice I could recognise - Edward was the groom - he was nothing else - he did not live in the house - he was an ordinary labouring man, who came and acted as groom - by pushing the shutter down a person outside could open it - Edward was discharged before this - I am sure of that - he had no right to come to the house - he did not come after he was turned away - he came one night - how often he might have come without

my knowledge I cannot say - I do not recollect whether there had been rain the night before, nor whether the lawn was wet or dry - I do not know how far Edward lived from mistress - Adlam has lived there since October - I do not know how many trunks she had.

COURT. Q. Before you went to bed, had you locked the cupboard where the plate was kept? A. Yes, and left the key in it - I do not know whether the window was broken or not the night before - I had not looked at it - I had seen it at seven o'clock that night, and am sure it was not broken then - the shutters are inside the window - the shutters were put up, but not screwed - I do not know where the screws were.

JURY. Q. Were there any fastenings to the windows? A. Yes, a latch inside - it is a sash window - it was the bottom pane of the upper sash that was broken, just over the latch.

COURT. Q. What night was it that Edward came there? A. I think it is on the 7th, the day before this happened - I do not know at what time of night he came - he did not stay all night - it was either Monday or Tuesday, I cannot say which - this happened on Wednesday morning - I think it was on Tuesday he came - I am not quite sure of it - he went away soon after he came - he came about seven or eight o'clock at night - he did not see my mistress - he stayed a short time, and went away soon after.

JOHN DENTON . I am gardener to the prosecutrix - I do not sleep in the house - on the morning of the 8th of January, I went to work about seven o'clock - I went first up to the stable, and saw the new groom, (not Edward) - I went to work after this, and afterwards went to the house - I examined the premises where the window was broken - there were no footsteps outside, either on the green or the gravel walk - there is a gravel walk immediately under the window - I tried to lift up the window, but could not, because the bottom sash was pressed down so hard - the broken pane was in the top sash, which was down below, and the bottom sash above - they stuck fast and could not be moved - I and a carpenter afterwards tried to move them, but could not - the carpenter was obliged to get tools to do it - it had been wet that night, and there had been a great deal of wet before - the paths outside the window were soft - I could not see one footmark there - I did not leave any footsteps there in walking particularly - about the middle of the day I went into the house, I looked on the floor by the window, I saw no footmark there.

Cross-examined. Q. How long were you outside the window on the gravel walk; a good while, I suppose, trying to lift it up? A. Yes; we left footmarks then, but not when I went to look at first.

COURT. Q. How high was the broken pane of glass from the ground? A. Six feet, I should think - I could not reach it with my hand outside.

JOHN MEAD . I am beadle of Enfield - in consequence of information I went on the 8th of January to Mrs. Riddell's house, about one or two o'clock in the day, with Richard Watkins - I saw the prosecutrix there - I went into the butler's room and saw the window broken - I did not observe any glass on the floor - I saw glass outside, and two drawers in the butler's room were open - I did not observe any footmarks on the floor, but it was so long afterwards, I did not take notice - I am sure there was no glass on the floor - I went outside the house with Watkins and the housemaid (Pugh) - I examined the place and observed the path under the window - there were footmarks there then, as if there had been a great many people about - the window had been put up before I came - I afterwards searched the house, but found nothing - I went into the back yard, and found in the dust bin, wrapped up in a blue apron, a quantity of plate which I have had in my possession ever since - I found the silver in this apron - I brought it into the house - I think the first person I met in the house was Adlam - I had not seen what was in the apron then, but only judged it by the weight - I said to her,"Whose apron is this?" she said it belonged to the other prisoner, Ann, who was present herself - I then took Pugh into custody - while Pugh was going to the cage she said something - I went to the house next morning and took Adlam into custody.

Cross-examined. Q. About what time in the day did you take Pugh? A. I think about two o'clock in the afternoon, and I took Adlam about eleven o'clock next morning - I had not left her in custody of anybody - she had power to go wherever she liked.(Property produced and sworn to.)

RICHARD WATKINS . I have heard Mead's evidence; it is all true.

Elmira Tarf , widow, 4, Grenada-place; and William Smith , a clerk in the office of treasurer of the navy, gave Adlam a good character.

ADLAM GUILTY . Aged 31. - Both Transported for Life .

JAMES WATSON CLIFFORD.
20th February 1834
Reference Numbert18340220-6
VerdictGuilty
SentenceTransportation

Related Material

Before Mr. Baron Gurney.

322. JAMES WATSON CLIFFORD was indicted for stealing on the 25th of January , at St. George, Hanover-square, 127 handkerchiefs, value 25l., the goods of James Beale , in his dwelling-house .

THOMAS POWELL . I am servant to James Beale , who is a hosier , in New Bond-street, in the parish of St. George, Hanover-square - on Saturday, the 25th of January, a little after three o'clock in the afternoon, I was in the shop, laying a parcel on a side-counter, and, on raising myself up, I perceived the prisoner leaving the shop with a pile of handkerchiefs under his arm - he went out of the shop - I pursued and overtook him ten or fifteen yards down the street, with the handkerchiefs under his arm - I seized hold of him, and he made a little resistance, but he could not get from me - Higgins came up and assisted me, and we brought him back to the shop door, and afterwards took him to Marlborough-street - the parcel under his arm was one hundred and twenty-seven silk handkerchiefs, worth 25l. - they had been placed on a show table, on the right hand side, some little distance in the shop - I had seen them about ten minutes before - I never lost sight of him.

THOMAS HIGGINS . I was in Bond-street, having left the prosecutor's shop five minutes before, and was returning, when I saw Powell holding the prisoner by his collar; and, as I came up the street, I saw him drop the handkerchiefs - I caught hold of him directly - I cannot say whether he dropped them before Powell collared him, or after - I took hold of him also, took him back to the shop, and

the handkerchiefs were taken back, and given to the officer.(Property produced and sworn to.)

Prisoner. It is my first offence; I hope you will show me as much mercy as you can.

Thomas Ibbotson , printer, Savoy-street, Strand; Alexander Gray , printer, Edward-street, Blackfriars'-road; and Charles Wharton , baker, Bermondsey, gave the prisoner a good character.

GUILTY . Aged 21. - Transported for Life .

HENRY GOODACRE.
20th February 1834
Reference Numbert18340220-7
VerdictNot Guilty

Related Material

Before Mr. Justice Park.

323. HENRY GOODACRE was indicted for stealing, on the 10th of February , at St. James, Westminster, 1 ruby and gold ring, value 5l., the goods of Francis Joseph Burke , in the dwelling-house of Peter Burke .

FRANCIS JOSEPH BURKE. I lived with my father, Peter Burke, at the time in question, in the Haymarket - (he was the householder,) in the parish of St. James, Westminster - I am a courier , and travel on the Continent - I have been out of England twice since this happened - the prisoner was valet to Monsieur Louis, the French giant - he desired me to let him show my ring to Monsieur Louis, who was a great amateur of jewellery - this was about six years ago, in the early part of the year - I let him have the ring, in my father's house - he was to show it to Monsicur Louis, but immediately to return it, which he never did - I never saw him afterwards - the giant was shown about, but I never could find where the prisoner went to - I made inquiry for the ring before I left England, but found both him and Louis were gone - I left England a month or six weeks afterwards - I met the prisoner on the 22nd of January, in Regent-street; that was the first time I saw him after he got the ring - I said nothing to him then, but applied at Bow-street for a warrant - he did not see me - the magistrate told me to give him in charge when I met him again - I met him again in Gegent-street, on the 25th, and gave him in charge - I asked him where he had been - he said, "In the country" - I asked him where my ring was - he said, he had been robbed of his clothes, and among them was the ring - he is a German - he said, if I would not take him before the magistrate, he would make up the ring to me - I would not consent to that.

Prisoner. Q. Do not you recollect that I wore the ring for six months in your presence after I got it from you? - A. No, you did not - I did not give it to you, on my oath.

Prisoner. I went to his mother's grave, in a vault, with him, when I had it on my finger. Witness. That was previous - he went to the vault, but not with the ring - it was before he had it.

WILLIAM WILSON . I am a labourer, and live at No. 17, Craven-street, Soho - I was in company with Burke when he met the prisoner - he asked him what he had done with his ring - he said he had been into the country, and had been robbed of his clothes and the ring likewise; and if he would not take him before the magistrate, he would make the ring good.

F. J. BURKE re-examined. The ring was of more value than 5l. - it was a gift from my sister - it could not have been bought for that; for the ruby was worth more than that - my father is a licensed victualler; and my sister lived with him - I had worn it eight or nine months - I am certain I never gave or lent it to him, except to show it.

Prisoner's Defence. He gave me the ring himself - I wore it six months in his presence, and was robbed of it with my clothes and all at Birmingham four years ago - the prosecutor cannot take a righteous oath respecting the conversation passing between us so many years ago - the ruby was all cracked to pieces - it was not worth one shilling and eightpence.

NOT GUILTY .

DENNIS GUINAN.
20th February 1834
Reference Numbert18340220-8
VerdictGuilty > theft under 100s
SentenceTransportation

Related Material

Before Mr. Justice Patteson.

324. DENNIS GUINAN was indicted for stealing, on the 20th of January , at St. Martin-in-the-fields, 1 table, value 6l. 10s., the goods of John Whitaker , in his dwelling-house .

JOHN WHITAKER . I am a furniture-broker , and live at No. 10, Long-acre, in the parish of St. Martin-in-the-fields - on the 20th of January I had a rosewood cardtable in my shop - it stood full eighteen inches inside the shop - it is an open shop - it was safe at ten minutes after four o'clock; and a few minutes afterwards I missed it, in consequence of information that I received from the witness - I had been at tea in the back-parlour, and left nobody in the shop - in consequence of information, I went out, and turned into Rose-street, and saw the prisoner walking quietly away with it on his shoulder - I said,"My friend, have you taken this table through distress?" on which he swore at me in a most dreadful manner, and attempted to throw it off his shoulder to break it - I caught it in my arms, put it into a green-grocer's shop, and caught hold of the collar of his coat, and held him against a brewer's dray till assistance came and took him - he made a most dreadful resistance, and kicked me in my private parts - the table is worth 6l. 10s. - that is the selling price - I asked thirteen guineas for the pair, and cannot take less than 13l. - it is second-hand - I gave ten guineas for the two - I bought them together.

Cross-examined by MR. PHILLIPS. Q. Was it at an auction you bought them? A. No; I bought them of Mr. Evans, cabinet-maker, High Holborn - he is a manufacturer - I cannot say how long they have been in use - in the day-time, the shop-front is entirely out - I have no shop-boy - I saw them safe at ten minutes after four o'clock - I could swear it was about twenty inches inside the shop, but I said eighteen, to be quite certain - no part of it was outside - I had pulled it more into the shop for safety when I went into the room to tea - I could not have seen it in the parlour if I had left it where it was - the prisoner did not tell me that a gentleman directed him to carry it, and promised him eighteen-pence, nothing of the kind.

COURT. Q. Do you live and sleep at the shop? A. Yes: the shop communicates with the dwelling-house, and is part of it.

JOHN SULLIVAN . I live in Angel-court, Long-acre - I keep a fruit-stall at the corner of the prosecutor's house, at the corner of Angel-court - on the 20th of January a young chap who is here, asked me if I had seen the table taken - I said I had not - I ran to the end of the court -

I saw a man with it on his shoulder - I ran back and told the prosecutor - he was going along Rose-street with it - I only saw his back.

CHARLES COOKE . I live at Mr. Silk's, No. 8, Longacre, next door to Mr. Whitaker - on the afternoon of the 20th of January I saw the man take the table on his shoulder - it was the prisoner - I cannot say where the table stood, but I saw him take it on his shoulder - I had only just come out of master's shop - whether it was inside the shop, or outside, I do not know, but I saw him whip the table up on his shoulder very quick, and run off with it - I saw him take it up - he was just by the shop-front when I saw him take it on his shoulder - I saw nobody near him at the time - I am sure he went up Rose-street - he walked very quick.

Cross-examined. Q. How far were you from the shop when you saw him take the table? A. About a dozen yards, on the same side of the way - I could see him - he made no resistance with me - he said nothing till he came before the magistrate, when he said a gentleman gave him eighteen-pence to take it to New Church in the Strand.

Prisoner's Defence. A gentleman met me at the corner of Rose-street, as I was talking to a young woman who lodged with me twelve months before - the gentleman asked me if I wanted a job - I told him I did - he said if I would take the table to the corner of New Church, to the booking office, he would give me eighteen-pence, and the woman said, "Go on, you cannot get eighteen-pence every day" - I took the table - he said he had to call in King-street, Covent Garden, and would meet me - I was coming from master's at the Savoy, Strand, at the time, where I had done a day's work.

Susan Bland; Honoria M'Donald; Michael Ryan, carpenter and builder, of Golden-street; David Henessy , tailor, Buckeridge-street; and John Hickie , publican, St. Giles's, gave the prisoner a good character.

GUILTY - of stealing to the value of 99s. only . Aged 34 - Transported for Seven Years .

HARRIETT WOODHAM.
20th February 1834
Reference Numbert18340220-9
VerdictGuilty
SentenceTransportation

Related Material

Before Mr. Baron Gurney.

325. HARRIETT WOODHAM was indicted for feloniously breaking and entering the dwelling-house of Rosina Johnson , on the 22nd of January , at St. Luke's, and stealing therein 6 tea-spoons, value 1l.; 1 necklace, value 1l.; 2 pair of sugar-tongs, value 10s.; 3 rings, value 1l.; 2 brooches, value 10s.; 1 chain, value 1s.; 1 cap, value 2s.; 1 umbrella, value 1s.; 1 box, value 3s.; and 1 bank-note for payment and of value £5., her property .

ROSINA JOHNSON . I am a widow , and live in Nelson-street, City-road, St. Luke's - the prisoner lived servant with me - on Wednesday, the 22nd of January, I went out in the morning and left her at home, about ten o'clock - I came home about ten the same night, and found a chest in the kitchen broken open, and a small box containing these articles taken away - I had left the chest in the kitchen, and left her there, but when I returned she was gone - I have two lodgers, and they were in the house - I lost out of the chest the property stated in the indictment, and some papers - the value of the things, besides the bank-note, was more than 4l. or 5l. - I gave information to the police.

Prisoner. I never went to live with her as servant, but as a lodger, the same as the other females.

JOHN WILKINSON . I am inspector of the police - I apprehended the prisoner on Friday evening, the 24th of January, about half-past nine o'clock, in a house in White Bear Gardens, Kent-street, Borough - as I passed by, the door was open, and I saw a man, who gave the name of Williams, shift something by his side - I went into the house and examined him - I found in his side pocket this chain - she was by - she directly stepped forward and said she had given it to him to pawn, and it was her property - I took her into custody - there was no evidence against her, as I did not know of this robbery, and she was discharged on the Saturday, and retaken about an hour after.

Prisoner. I did not give the person the chain, he took it off the table. Witness. She said it was her property, and she gave it him to pawn.

MARY LATTER . I am employed at the police-station - the prisoner was brought there in custody on Saturday, the 25th - I searched her, and found this ring on her - when I loosened her gown, it dropped from her - she said that was a ring which she had laid on the night before, and it broke - I picked it up and looked at it - she said she would give me that if I said nothing about it, and took no notice of it, and when I was going away she called me back, told me to get it mended and wear it for her sake, and take no notice of it; and she said she wished they might send her out of the country.

HENRY ROSS . I am a policeman - I apprehended the prisoner the second time at a house in White Bear Gardens, Kent-street, and took this cap off her head - there was an umbrella in the room which the prosecutrix identifies.

MRS. JOHNSON. This is my cap, it was in the chest that was broken open - I had not lent it to her - the umbrella is mine, and was in the kitchen, not in the chest - the ring and the chain are mine - the chain was fastened to the watch, and the ring was in a little box which was in the chest.

Prisoner. The cap she lent me, and she had my cap on which I have on my head at present; and the umbrella was lent to me, or anybody in the house, to use when it rained; the chain is my own - I have had it four years.

GUILTY . Aged 27. - Transported for Life .

JAMES WILTON BLAKE, CHARLES HALL, HENRY WARE, FREDERICK ELLIOTT.
20th February 1834
Reference Numbert18340220-10
VerdictGuilty; Guilty; Not Guilty; Not Guilty
SentenceImprisonment; Transportation

Related Material

Before Mr. Justice Park.

326. JAMES WILTON BLAKE , CHARLES HALL , HENRY WARE , and FREDERICK ELLIOTT , were indicted for feloniously breaking and entering the dwelling-house of Thomas Newsom , on the 18th of January , at Tottenham, and stealing therein 1 watch, value £3, his goods .

MR. DOANE conducted the Prosecution.

THOMAS NEWSOM. I live in the parish of Tottenham , and am the housekeeper - my shop forms part of the dwelling-house - they communicate together - I am a watch and clock maker - on Saturday, the 18th of January, I had gone to dinner, about twenty-five minutes to two o'clock, and fastened my shop-door - Fletcher, my journeyman, dined with me - I am sure every thing was secure when I went down to dinner - I had some watches hanging in the win

dow - about ten minutes after I went down I heard the shop-door bell ring, and on coming up I found the window had been pierced, with a sharp instrument, in eight places, between the putty and glass - the pane was broken, and I found a watch had been removed from a hook, and dropped at a distance of fourteen or fifteen inches from the hook - I am sure it had been on the hook when I went to dinner - it had not been taken outside the window - I could put my hand through the hole in the glass, but could not draw it out again without cutting myself, if I had anything in my hand - I could have moved the watch from the hook by putting my hand through the hole - the witness, Wrench, who rang at the bell, was outside the door - my journeyman had not been up stairs from the time he went down, which was before I went down, until the bell rang me up.

THOMAS WRENCH . I am a gardener - on Saturday, the 18th of January, I was near Mr. Newsom's shop, and saw Ware and Elliott - when I first saw them they were about eight yards from Newsom's shop - I looked after them, and saw Ware with his two thumbs pressing against the glass of the window - Elliott stood about three yards from him - it is a great thoroughfare about there - I was about eight yards from them - they saw me looking at them, and went away - I then saw the prisoner, Hall, come out of Castleton's beer-shop - I had not seen him with the other two - he crossed the road, and made a sign with his hand - Elliott and Ware had just turned the corner - they might have been in his sight but not in mine - I then saw him walk on the road, about twenty yards away from Mr. Newsom's towards London - he then came across the road, and went as far as the beer-shop door again, that is opposite Newsom's - I then went and rang Newsom's Bell - I had not seen anybody else go to the shop - Newsom's shopman(Fletcher) came out to me - he called Newsom up, and I told him what I had seen - Newsom went over to the beershop in consequence of what I told him - there was a hole made in the window when the two boys went away - I had not seen anything of the prosecutor at the time - I think the boy was pressing his thumbs a little lower than where I saw the hole - I should think about six inches below - I did not see him put his hand in it at all, and never saw him (Hall) with the other two - nor did I see Blake with them.

MR. NEWSOM re-examined. I went over to the beershop, and saw Blake and Hall there, but not the others - in consequence of something - I told them I suspected they had cut my shop window - Blake said he was a very respectable young man, and a dealer in hare skins, and was quite above any such thing - Hall said he knew nothing at all about the transaction, and that they had never seen each other before - they had a pint of ale drinking together - I gave them into custody.

THOMAS TYLER . I am eleven years old - I know the consequence of telling what is untrue - my father lives at Tottenham - I was near Mr. Newsom's shop at the corner of Stoney South, and saw Blake close to Newsom's window - I had never seen him before - I saw him picking the putty from between the glass and frame of Mr. Newsom's window with a sharp thing like an awl - I saw him after he had broken the window - I saw the window was broken, and then he put his hand in, and tried to get it out again - he was not above a minute trying to draw it out - I saw him draw his hand out - I did not see anybody come up after he put his hand in - Blake came away from the window, and after he got into the beer-shop Hall came from Edmonton way, and followed after him - I did not see him near the window - Blake went to the beer-shop when he came from the window - Hall was crossing over as Blake went into the beer-shop - it is a wide road - I did not see Hall near the window - Blake was going up the steps of the beer shop, and Hall got up to him - I did not see them talk together - I am certain of them - I saw nothing of the other two - the road is a great thoroughfare.

CHRISTOPHER FOWLER . I live at Tottenham with my father, nearly opposite Newsom's - I was at my father's window up stairs, and saw the prisoner Blake walking past on Newsom's side of the road, towards London - he was opposite my father's door, which is nearer London than Newsom's - he had passed Newsom's - he was sauntering along, and sometimes turned round and looked back - I saw Hall cross over the road and speak to Blake - I had not known them before - I am a tailor - they stood still while they talked - they were not above a minute talking - Hall then crossed the road and came on our side - I saw him return towards Newsom's - I saw Blake shake his head once or twice, apparently to Hall - he was looking towards Newsom's - he overtook Hall just below the beer-shop, and then they returned and went into the beer-shop together - I saw Ware and Elliott against Newsom's window a minute or two after Blake and Hall went into the beer-shop - I had never seen them with Blake and Hall - I saw Ware pressing against the side of the window - Newsom's shop door goes up steps - I saw them both go from the window, then they returned to the window again, and, after going to the window once or twice, Ware got on the steps and looked in at the glass door - they got down to the window again - they went to it several times, and always placed a hand close to the window - I then saw them cross the road towards the beer-shop, but could not see whether they went in - I saw them come from the beer-shop and go to the window again, and press against the window again - I saw no more of them.

JURY to THOMAS WRENCH . Q. How high was the broken pane from the ground? A. Two feet six inches.

GEORGE CASTLETON . My father keeps the beer-shop - on the Saturday in question I went down stairs to dinner, and when I came up there was Blake and Hall drinking a pint of ale - they were talking about some skins - talking together as acquaintances - they seemed to know each other, and were drinking ale together - they had three pints - I saw them talking and drinking together for about ten minutes, and while I was there Mr. Newsom and the policeman, Hurd, came in.

GEORGE WADE . I live at Tottendham - I was in the beershop, and saw Blake and Hall there talking together - Blake said to Hall, "You had better go up and tell him that I won't have the skins" - Hall went out, and I suppose was gone a minute or two, then he came back again - I was there when Newsom and the policeman came - I saw the officers search them both - Newsom and the policeman went out into the passage - after they were gone I saw Blake take a wire from his pocket or side, and throw it into the

fire - Castleton took it out of the fire - Blake said to him,"Throw it in again" - he did so, and then took it out again - Blake then told him to throw it up the chimney - he threw it up the chimney two or three times before it would lodge, but at last it lodged - the prisoners were then taken away, and after they were gone I put my hand up the chimney, got the wire down, took it to the station-house, and gave it up there to Hurd - I think it was about two o'clock that this happened about the wire.

GEORGE CASTLETON re-examined. I have heard what the witness has said about the wire - it is correct; I took it out of the fire, and afterwards threw it up the chimney, by Blake's desire.

JOHN ANDREWS . I am a carter - I saw Ware and Elliott on the day in question standing looking into Mr. Newsom's window - I did not see them do anything else- I did not know them before - I am quite sure of them - I saw them again three-quarters of an hour afterwards on Stamford-hill, about a mile off, as I was coming to Newington - it then wanted about twenty minutes to three - I first saw them about five minutes after one o'clock.

ROBERT HURD . I took the prisoner at the beer-shop about a quarter after two o'clock - I found a knife on Hall, and some money on the other - I received this piece of wire at the station-house from Wade - the money was given up to the prisoners at the office.

JOSEPH COOTE . I went in pursuit of the two younger prisoners - I was on duty on Stamford-hill - I saw them walking together on the further side of Clapton-common - they heard me call my brother officer to me - they both looked round and then both ran away - Elliott jumped over a fence into a gentleman's pleasure ground, and hid himself behind a heap of dirt, where I apprehended him - my brother officer took Ware.

WILLIAM PANNELL . I saw the prisoners when the last witness called me - I pursued and took Ware into custody; he said, "Oh, I have done nothing, I have only broken a window."

Blake's Defence. All I can say is, I am not guilty - I get my living by buying skins - I went to Tottenham for that purpose, and called at two or three places there and at Edmonton.

Hall's Defence. I was going to Enfield at the time, and went with a young man who sells currycombs. I got up to Newsom's shop, and the young man was about selling some currycombs - he told me to go to the beer-shop, and he would come in a few minutes - I went, but he did not come, and I went out to look for him, returned, and in came the officers and took us.

William Shimpton, wheel wright, No. 35, Curtain-road; Eve Barfoot, licensed victualler, Curtain-road; James Roberts , timber-dealer, Curtain-road; and John Rawlins , gave the prisoner, Blake, a good character; and Joseph Hutchings , silver-plater, gave Elliott a good character.

BLAKE - GUILTY . Aged 24.

HALL - GUILTY . Aged 17.

Confined One Month , and then Transported for Life .

WARE - NOT GUILTY .

ELLIOTT - NOT GUILTY .

WILLIAM EVANS.
20th February 1834
Reference Numbert18340220-11
VerdictGuilty
SentenceImprisonment; Transportation

Related Material

Before Mr. Justice Patteson.

327. WILLIAM EVANS was indicted for feloniously breaking and entering the dwelling-house of William Brady and another, on the 4th of February , at St. James', Westminster, and stealing therein 3 bracelets, value 7s., their goods .

WILLIAM BRADY . I am a jeweller , and live at No. 78, Quadrant, Regent-street, in the parish of St. James' - I am in partnership with Charles Patten , he lives in the house with me, the rent is paid by the firm - on the 4th of February, between nine and ten o'clock in the evening I was standing in the shop, which is part of the house, and heard a great noise of breaking of glass - I ran out immediately and saw one of the large panes of glass broken in pieces - I went in immediately afterwards to take care of my goods, and in a few minutes the witness, Anderson, brought me in a pair of bracelets, which I have had ever since - they are my property, and had been in the window close to a pane of glass which was broken - they are on a card - I missed one more bracelet, which I saw at the station-house.

ALFRED TOWNSEND . I am assistant to Mr. Ellis, of Ludgate-hill - on the evening in question, I was in the Quadrant, between nine and ten o'clock, and saw the prisoner looking earnestly in at the prosecutor's window - I watched him, and saw him deliberately thrust his fist through the window, from the inside of which I saw him take some things - he immediately ran away - I followed him, and caught hold of him in the middle of the road - he escaped from me - I still followed him, crying, "Stop thief - stop him!" - he ran down Air-street, and got into Piccadilly, where the policeman ran after him, and he was secured - I never lost sight of him - he is the man - I went back to the shop, and then to the watch-house - when the policeman took him he struggled violently - he did not appear to me to be drunk.

THOMAS ANDERSON . I am fifteen years old - I live at Mr. Lloyd's, in Conduit-street - on the 4th of February, I was in the Quadrant, and heard Mr. Brady's window smash - I turned round and saw a soldier run across the road - I ran after him, calling, "Stop thief!" - I followed him down Air-street; but, previous to this, I saw something drop from him, as he ran across the Quadrant, just off the curbstone, on Mr. Brady's side - I came back and picked it up- found it was a pair of bracelets - I took them into Mr. Brady's shop - I believe these to be the same - I gave them to Mr. Brady.

JOHN MAY (policeman). I did not apprehended the prisoner - I searched him at the station-house, between nine and ten o'clock, on the 4th of February, and found on him one bracelet, which I produce - it was in his right hand jacket pocket.

MR. BRADY. I cannot swear to this bracelet, as other houses may have the same pattern - I have no doubt about the pair the boy brought me, because it has our private mark on the card.

Prisoner. I was intoxicated - I did not know what I was doing - I believe that bracelet was put about me while they took me to the station-house.

GUILTY . Aged 23. - Confined for one Month , and then Transported for Life .

HENRY HOLLINGSHED.
20th February 1834
Reference Numbert18340220-12
VerdictGuilty > pleaded guilty
SentenceImprisonment

Related Material

First London Jury, before Mr. Recorder.

328. HENRY HOLLINGSHED was indicted for stealing, on the 3rd of February , at St. Andrew, Holborn , 1 pair of shoes, value 4s., the goods of Alexander Wilson and another, his masters , to which he pleaded

GUILTY . Aged 20. - Confined Three Months .

WILLIAM SMITH, MARK DEACON, GEORGE DEACON.
20th February 1834
Reference Numbert18340220-13
VerdictNot Guilty

Related Material

329. WILLIAM SMITH, alias Armstrong , MARK DEACON , and GEORGE DEACON , were indicted for stealing, on the 7th of February , 2 heifers, value 12l. , the goods of John Element .

MR. CLARKSON conducted the Prosecution.

THOMAS ELEMENT . I am the son of John Element, who is a small farmer , living at Pinner, in Middlesex - in February, he had two heifers, which were kept in a field a little way from the house - I had seen them on Thursday morning, between nine and half-past ten o'clock, in the field, which has two gates to it - the gates were not locked then - they were shut - the animals could not get out - I went to the field next morning, after breakfast, and the heifers were gone - the gates were shut as they were before - I know the three prisoners - Armstrong lives at Pinner - I believe I have seen him there - the Deacons are farmer's sons in the neighbourhood of Pinner - when I went into the field, I saw the footsteps of two persons - I could trace them in the field and out of the field - and they had turned up into Mud-lane, which led to the London road - I traced them a great way down the lane - I could not tell in the road whether it was the footmarks of two or more persons - I could trace the heifers' footsteps also - I heard of the heifers again at night, when my father returned from Smithfield - I have seen them since, and am sure they are the same as were safe in the field on the Thursday morning - I saw them at Smithfield, last Friday, down a yard.

Cross-examined by MR. DOANE. Q. How many heifers had your father? A. Three - I did not go in the field again till next morning - the gates were both shut, and had a lock on; but the lock was out of repair - I saw two footmarks in, and two out; there was two one way and two the other - there were the footmarks of two persons having been into the field, and two out.

JOHN ELEMENT. I have a small farm at Pinner - on Thursday, the 6th of February, I had three heifers in a field a little distance from my house - I remember their being missed - I went into the field, and saw footmarks of two persons going in and coming out of the field - I traced the footsteps of two heifers towards Harrow, down Mud-lane - they might go that way to Smithfield - I went to Smithfield, got there a few minutes past three o'clock in the afternoon, and found Turle in the Ram-yard - I know the three prisoners, and they know my farm - I had seen them in the neighbourhood shortly before - I never saw them together.

Cross-examined. Q. You saw footmarks of two persons? A. Yes; I noticed there was two in and two out- I am certain both had gone in at one time and came out- they could not take step by step regularly as persons walking - they did not step, step by step, but side by side - they both went in together.

COURT. Q. Were the feet of different sizes or the same size? A. I cannot swear they were not the same footmarks of one person.

MR. CLARKSON. Q. They went side by side, as if walking in and out together? A. Yes; and the heifers appeared to walk in the same way - the footmarks were behind the heifers - I saw the footmarks of the same men coming in and going out, but the heifers only going out.

JOSEPH BLACKETT . I live at No. 24, Long-alley, Sun-street - I am a drover in Smithfield - about half-past four o'clock, on Friday morning, the 7th of February, I saw two heifers brought into the market - Armstrong was walking before them, and the two Deacons walking behind them - I asked Armstrong if he would have them tied up, and who they were for - he told me to tie them up, and I did - I said nothing to the Deacons - they did not help me to tie them up.

Cross-examined. Q. Only Armstrong spoke to you? A. Yes; the Deacons were coming behind the heifers - I did not see the Deacons and him communicate together.

JAMES LATHBURY . I am a butcher, and live in High-street, Aldgate - about half-past six on Friday morning I was in Smithfield and saw Armstrong - Armstrong came to me and said, "I have got two heifers to sell" - I asked what he asked for the two heifers (he had not then said he had two heifers to sell) - he said 8l., and I offered him 6l. - 8l. was considerably less than their value, but having suspicion, I offered him 6l. - Armstrong agreed to take 6l., which confirmed my suspicions - I gave him 5s. deposit, and told him to go into the Rose, and I would get him the remainder of the money - he had not then said where he got them - I ordered the drover to untie the heifers, and take them down the Ram-yard - I gave the ostler directions to deliver them to nobody until he saw me - I then went to a policeman, and at last found Robert Turle - I took him to the Rose - called the prisoner out of the tap-room into the coffee-room, and said, "I think you have not got the heifers honestly" - he said, "For what reason?" - I said, "Because you have sold them to me for half their value" - he said he had, and that he bought them at Barnet fair - I asked what he had done with them since Barnet fair, which was in September - he said he had been keeping them in the meadows - I think he said he gave 3l. a-piece for them, and bought them of a Welchman, and had been keeping them in the meadows at Elstree - I asked his name - he said William Smith - I know people who live round Elstree, and asked him if he knew Mr. Wheel, or Gurney - he said, "No" - I asked if he knew any master-butcher there- he said, "No," and I gave him into custody - I have not seen the heifers since - I saw them go down the Rose-yard - I delivered them there myself - I left them in care of the ostler, where we put beasts.

Cross-examined. Q. During the transaction, did you see either of the Deacons? A. Certainly not, and I believe them to be two respectable young men.

ROBERT TURLE . I am a policeman - on Friday morning, the 7th of February, I came on duty at five o'clock in the morning - Lathbury applied to me - I accompanied him to the Rose-inn, and there saw Armstrong - after some conversation between him and Lathbury, I asked where he

came from - he said from Elstree, and had bought the beasts at Barnet fair, in September last - I asked where he had been living since - he could not give me an answer, and I took him into custody - I went to the Ram, and told the ostler to deliver the beasts to nobody but myself - Element came to town between three and four in the afternoon, and I showed him the two heifers which had been delivered into my care - he identified them: about two hours after taking Armstrong I had information and found the Deacons at the Crown, in Smithfield.

JOSEPH BLACKETT re-examined. I untied the heifers and took them down the yard with Mr. Lathbury - I took the same heifers out when Mr. Element was there - they were the same as I had taken down there, and the same as I had tied up.

Cross-examined. Q. Had you seen either of the prisoners with them? A. When I tied them up Armstrong was with them - I saw the heifers again the same afternoon after I had been to Guildhall - I was about the market most of the day - I had untied them in the morning when Lathbury bought them - that was about an hour after I had tied them up - Lathbury told me to untie them, and put them down the yard - that was in the morning - Element was not present then - it was market-day - there are not a great number of heifers on Fridays there - there might be one hundred, two hundred, or more - I had been employed tying up beasts, sheep, and calves, that day - I tied up no beasts that day, except the two heifers.

Q. What was there particular about these two heifers? A. They were both white-backed ones - I cannot say how many white-backed ones there might be in the market; but these were in my hands, and I tied them up.

Q. Was there anything to prevent somebody untying them and putting two others there? A. Yes: Mr. Lathbury put three clips on their hips - I saw him do that, and saw that mark again when Element was there.

JOHN ELEMENT . Pinner is thirteen miles from town - I observed the traces of the feet in the field - I have not applied the prisoners' shoes to the marks - they were fullgrown persons' footmarks - I do not recollect ever seeing the prisoners near the field, nor ever seeing them all three together - they do not live half a mile from my premises, I think - I cannot say when I saw either of them before the robbery.

Mark Deacon's Defence. I was going to London on Thursday, and just at the Bell, at Pinner, this young man asked if I was going to town - I said I was - he asked me to drive the two heifers, and he would satisfy me.

George Deacon 's Defence. I was with my brother - the young man asked us to help him to drive them, and he would satisfy us - we went into a public-house - when he sold them he said he would satisfy us.

WILLIAM PORTER . I live at Pinner - I have known Armstrong for a long time - he bore the character of a very honest person.

MR. CLARKSON. Q. Do you live at Pinner? A. Yes: at the Bell - I was at the Bell on Thursday night, the 6th of February - I saw Armstrong there - the two other prisoners were there too, at ten o'clock - all three together - I do not know where Element's field is - they left the public-house at ten o'clock - all the lot in the house went out together, as our house was to be shut up.

COURT. Q. Do you know how far they live from you? A. About a quarter of a mile - they were at my house sometimes, not very often - several persons were in the house.

Dennis Quin , cow-keeper, 14, Little Guildford-street, Russell-square; Henry Baldwin , smith; - Winglass, 15, Little Guildford-street, gave the prisoners, Deacon, a good character.

JAMES LATHBURY re-examined. When I dealt with Armstrong for the cattle nobody else was present.

NOT GUILTY .

THOMAS LEWIS.
20th February 1834
Reference Numbert18340220-14
VerdictGuilty > with recommendation
SentenceTransportation

Related Material

330. THOMAS LEWIS was indicted for embezzlement .

WILLIAM BURCHETT . I have a warehouse at No. 29, Cheapside - I am a shoemaker - the prisoner was my shopman in September last, and for nearly four years; and in the habit of taking goods out occasionally - he was to bring back the money - I carry on business in the name of Williams and Co - I am the only person interested in the business - Mr. Thorne, of Bucklersbury , is a customer - I sent the prisoner, about the 12th of September, with a pair of boots, which came to sixteen shillings, which he was to bring back - he came back and told me Thorne was in great haste - that he was going into the country for a few days, and would call when he came back and pay me - I have a customer named Frederick William Montague , a surveyor - the prisoner was sent to him with a pair of boots, for which he was to receive twenty-seven shillings - he came back and said Mr. Montague was going into the country for a short time, and when he returned he would also call and pay me - that was on the 4th of September - he brought me back no money - Richard Heatley owed me 7l. 14s. 9d. - I sent the prisoner on the 16th of September for it - he came back, told me Mr. Heatley was in the country, and would not return for a fortnight to come - he brought me no money from him - the prisoner had twenty shillings a week wages, and boarded in the house.

Cross-examined by MR. CLARKSON. Q. Do you go by any other name than Burchett? - A. No; nor ever have - I have never gone by the name of Williams - I have no cause to sign that name - we make out bills of parcels as Williams & Co. - I might have signed a bill in the name of Williams & Co. - I attend to the business.

COURT. Q. Have you held yourself out to the world, or led people to suppose your name is Williams? - A. Not at all.

MR. CLARKSON. Q. That you mean to swear? - A. Certainly - many customers deal with me, and may not know but that I am Mr. Williams - I have never given them reason to believe that I was Mr. Williams, or that I was not - I may have put "Williams & Co." when I have received money - I have put the name of Burchett more frequently than Williams - Mr. Williams became a bankrupt, and Mr. Hurder took the stock - he was security to the assigness - Williams is my brother-in-law, and so is Hurder - Williams's name is rated in the parish books - the business is in the name of Williams - it goes on as it

did before - Mr. Hurder's name is not entered in the gas rate-book.

Q. Is Mr. Williams, who has become a bankrupt, a lunatic? - A. He is at present at liberty - he is generally reported to be out of his mind - he is in business at the corner of Fetter-lane - he is a shoemaker - he carried on business where I do, before he was a bankrupt - after he became a bankrupt, Mr. Hurder was security for the stock - Williams went away - his name remained on the door; and I took the concern - I think that is about four years ago - I did not take his name from that time - I never represented my name to my customers at all - if they had asked my name, I should have told them certainly - if a person asked my name, I have told it them - I have not represented that Mr. Williams was the owner of the business, and that I was employed under him - I swear that.

Q. Do you remember, on any occasion, of a summons being taken out against a supposed debtor of the firm of the name of Britain? - Yes: I summoned him for a debt - I am free of the city.

Q. How long have you been free? - A. I do not know that I am compelled to state - I do not choose to tell you- when I summoned Britian, I did not represent that the business was not mine, and take out a summons in the name of Williams, and sign the name of Williams - on the contrary, the summons was taken out in both names - both my name and Williams were given in, as the firm stood in Williams's name - they would not grant a summons without both names were given in - I remember the shop being robbed at one time by a man who was charged with it - the prisoner was a principal witness on that occasion; and I then told the prisoner, as the name of the firm was Williams, he ought to have given in the name of Williams - I did not tell him to state that I was managing the concern for Williams, who was a lunatic - I might have told him to say Williams was a lunatic - I do not remember that I did - I cannot say either way - I did not tell him to say anything - I merely said, as the firm went by that name, that it would be more proper to give in the name of Williams as the prosecutor.

COURT. Q. Did you mean you recommended him to give the name of Williams as the prosecutor, when he was not? - A. It was after the prosecution; he gave in my name - I said, "I think you ought to have given the name of Williams" - not as proprietor of the goods - I did not instruct him to state the property belonged to Williams.

MR. CLARKSON. Q. You did not hear him state that? A. I was not present - I never told him to say Williams was owner of the goods, or that I managed the business for him - I did not say I had rather the man had got clear than I should be represented as the proprietor - I think I can swear that - I will not swear it.

Q. Pray did you tell the magistrate, when you went before him, that the firm of Williams and Co. kept no books? A. We do not keep books - I have a book which I call a memorandum-book - we sell for ready money - I could not say that we kept no books, because I produced a book - I said we did not book goods - I did not state we kept no books whatever - I said we kept no book but a memorandum-book - I said that the first time - when I was before the magistrate, the second time, I said I had a memorandum-book, and a book merely for me to put down daily accounts - the third time I produced another book, and said that was all the books I had - we have a book in which we enter measures, but nothing of money transactions - that book is for orders and addresses - I only keep those three books - I never had any destroyed - one is a memorandum-book, the other merely states the money taken in the day - I have that here; it contains the account of the receipts of the till - I never had any more than these three books - I do not keep a bill-book - I do not enter bills in any book - I have no Bills of Exchange - they pass through my hands in business - I accept bills in the course of business, one, two, three, or four, perhaps, in a month - not so many as fifty - I have no book in which I keep an account of those bills - I make a note of them on loose papers, which I put into my desk - they are not afterwards sewn together - I never had a bill-book to enter bills in - my son knows nothing about my bill transactions - the business is transacted in my name, and I accept them in my own name - I never accepted a bill in the name of Williams, never in my life, and never kept a bill-book - those three books are all I have kept - if anybody should say I kept more than that, he would be mistaken - Mr. Hurder is in court - he has nothing to do with the business of Williams and Co. - he is attending merely out of curiosity - he has no interest in the business at all - I purchased the stock from him - I had been in business in the same line before in Crown-street, Finsbury - I live there now - Mr. Hurder lives in the house where the business is carried on - it is let to him - nobody constitutes the firm of Williams and Co. but myself - I have not allowed my children to receive money on my account for the last two years - I had a person in my service of the name of Baines - I have not the third book here, it is merely an order-book and memorandum-book - I believe there is not a shilling of money entered in it - I am sure of that - I had no motive at all for keeping that book back - I could produce it in a few minutes, if you wish - I am not in the habit of drawing bills on Williams and Co. - I never did such a thing - I accept bills in my own name.

Q. Did not you prove under Williams's estate? A. Yes, I did, not on bills, I will swear that - I proved a debt - I think it was for goods he had of me - that is the same Williams and Co. whose name is over the door.

RICHARD HEATLEY . I live in Mincing-lane.

Q. In September last were you indebted to Mr. Burchett for goods? A. I do not know anybody of that name - I know the prosecutor - I was not aware who I was indebted to - I had goods from the shop in Cheapside, with Williams and Co. over the door - I owed that concern 7l. 14s. 9d. - I think I paid that sum of money on the 15th of September - I took a receipt for it, and hold it in my hand - I have not the least recollection of the person to whom I paid it- I gave him a draft on my bankers.

WILLIAM BURCHETT . That is the prisoner's handwriting - the date of this ought to have been the 16th, Monday - the 15th was Sunday.

RICHARD HEATLEY . I do not recollect the date.

Cross-examined. Q. Had you dealt with the house any length of time? A. This bill appears to have run on a few months - I do not think I was ever in the shop in my

life - it is a cheap shop, at which my children are in the habit of getting ready-made shoes - I have not the least knowledge of Williams whatever - I never knew the name of Burchett - I cannot say who I paid the cheque to - (receipt read).

MR. FREDERICK WILLIAM MONTAGUE . I was supplied with boots from a house in cheapside, to the amount of 1l. 6s. - I paid the party who brought them home at the time - he gave me a memorandum at the bottom of the bill- this is it.

WILLIAM BURCHETT . This memorandum is the prisoner's handwriting, and the bill itself is his.

MR. CLARKSON. Q. I think you said, you paid the prisoner his wages? A. Yes; always - it was never paid by Hurder, not from the time I took possession of the property - he did not pay him in 1831, nor 1832 - he looked to me for his wages, and I paid him.

MR. MONTAGUE. I did not hear of the name of Burchett before this - I know the prosecutor by going into the shop to purchase the boots, and saw him there - I did not hear him call himself by any name.

THOMAS THORN . I live in Bucklersbury - in September last, I saw the prisoner - I paid him sixteen shillings, about the 13th of February, for a pair of boots which I had from Mr. Williams's, No. 29, Cheapside - I never saw Mr. Burchett till he waited on me on this business - I frequently send to the shop for shoes, but never was in the shop - I paid the prisoner the money - it is a ready-money business, and I took no memorandum of the payment - I did not know Mr. Williams, nor whether he was a servant.

Cross-examined. Q. You said you did not know whetheir it was Mr. Williams, or a servant? A. Yes - I mean the prisoner; I did not know whether he was Mr. Williams - I never saw Burchett - I never heard of his name till he came to me - I knew nothing of Williams or Burchett's concerns.

MR. HURDER examined by MR. CLARKSON. Q. Do you know when Mr. Burchett took up his freedom? A. No; I do not know whether he was free of the City when the prisoner was taken into custody - I have not heard him say so - I will swear that - I do not know whether he has taken it out since this prosecution - I sold the business to Mr. Burchett, in 1829, as agent to the assignees - the prisoner has fetched goods from my house in Skinner-street.

COURT. Q. Do you know whether Mr. Burchett carried on the business on his own account? A. I know, on my oath, that he has, since 1829.

MR. CLARKSON. Q. When did williams, the lunatic, become a bankrupt? A. In 1829 - Mr. Barker, of Northampton-place, and Mr. Brown, of Bermondsey, the two assignees, had all the property - I had my share of it - I had a dividend - I had the whole of the goods - I had no goods out of Willimas's shop after his bankruptey, nor before - I never had any of his goods.

COURT. Q. You have been asked if any of the goods belonging to the bankrupt came into your possession? A. When he became a bankrupt, two assignees were chosen - Barker and Brown were the two assignees, and they gave the whole of the property into my hands, as their agent - I sold it on their account, and they received every farthing of the money - I was employed by the assignees to realize what I could from the property - I did not sell all the goods - he had all the goods in Cheapside; but there are four other shops - Burchett paid the price put on the goods by the assignees.

WM. BURCHETT re-examined. Q. When did you make yourself free of the City? A. I have made two or three applications, but did not take it till to-day - I made my first application two or three weeks ago - the prisoner was taken on the 3d of January - I think it was after that time I applied for the freedom, but I cannot say to a certainty.

COURT. Q. Why did you apply for it just now? A. It had nothing to do with this prosecution.

MR. CLARKSON. Q. Were you not cross-examined by the magistrate as to whether you had taken out your freedom before he would commit the prisoner? A. No; it was not put to me at all - the question was asked me by the attorney, but not by the magistrate - the magistrate said he had nothing to do with it.

Prisoner's Defence. Deeply sensible as I feel at being placed in so disgraceful a situation, and knowing myself innocent, I entreat you duly to consider every circumstance. You will observe by the evidence that I have been for four years engaged in a house of business (for some mysterious motive or other) carried on by three or four different names, each one appearing in the character of proprietor, until some peculiar circumstance calls for the right owner of the property - and one is immediately put forward as such proprictor - such is the case now. Burchett has nothing to do with the property, nor, indeed, half so much as Hurder: I was hired by Hurder and paid several times by him; and I have been in the habit of making out bills and receipts of the firm always in the name of Williams; and on the occasion of a man robbing his shop, I solemnly and distinctly swear he cautioned me not to name him in court, for the penalties he would incur for doing business without his freedom; and he said, "Rather than name it before the grand jury, let the bill be thrown out." Had my counsel have called his son, I should have been borne out in that by the witness. Before the magistrate at the examination, he distinctly swore he kept no books - it can clearly be seen by the jury, if they will inspect the manner the cash-book is kept; it is a mere jargon of figures which no gentleman can understand. The prosecution is merely malicious, because they were aware one of the firm or party would have proceedings instituted against them, and to get me out of the way, being almost the oldest servant in the concern, they bring the charge - there are eight persons who receive money; the prosecutor, Mr. Hurder, Williams, the lunatic, the uncertificated bankrupt has even received money in the shop due to the firm under his own name, and put it in his pocket, and laughed at the way he was cheating the assignees - this is a fact; my fellow shopman, Barnes, would bear me out - it was usual for me on receiving monies immediately to pay them to whoever was in the shop empowered to receive them - they could produce two or three hundred bills in my handwriting and receipts - I was desired by Burchett never to sign his name, but Williams's, which I always did- I never objected to sign my own name, if a customer asked it - I call your particular attention to the fact that none of the witnesses could say I received the money; nor did I; I never received a halfpenny from either of the gentlemen appearing against me - the prosecutor begged Mr. Al

derman Winchester, I believe, to punish me in a summary way, to give me a month, and not to have anything more to do with it; he refused - he was asked to produce his books and he swore he had none - I am certain the inspection of the book will clear me from any charge - several customers have paid money - there is not a distinction made; if a customer paid 2l. 10s. and another 2s., it would be immediately placed in the book as 2l. 12s.

WILLIAM SMITH . I carry on the business of a whalebone cutter, at No. 71, St. Paul's Church-yard - I have known the prisoner these fifteen or sixteen years - I had dealings with his father - I always heard he has been a very honest boy - I have also dealt with Williams and Co., Cheapside, for myself and children - I have paid the prisoner in the shop, and he has immediately gone to the desk and given the money to the party there - sometimes I have seen this gentleman, who passed as proprietor of that shop, and I always knew him by the name of Williams - his son, this very day, or a servant in his employ, served me with a pair of boots - I paid the money to his son, (I believe), as he said his name was Burchett at the desk.

Edward Longden, plumber, Drury-lane; Jasper Croggan , ale-brewer, No. 12, Little Carter-lane; and Lawrence Cronin , Flight-street, Wapping, gave the prisoner a good character.

Mr. BURCHETT re-examined. Nobody but myself and son make entries in the books.

GUILTY. Aged 34. - Recommended to mercy on account of his character . - Transported for Seven Years .

ALBERT BRUTON STRANGE.
20th February 1834
Reference Numbert18340220-15
VerdictGuilty > with recommendation
SentenceImprisonment

Related Material

331. ALBERT BRUTON STRANGE was indicted for stealing, on the 18th of January , 7 1/2 yards of cambric, value 2l.; the goods of Barnet Solomons and another, his masters - to which he pleaded

GUILTY. - Aged 20 - Strongly recommended to mercy

- Confined Fourteen Days .

JOHN MARDELL.
20th February 1834
Reference Numbert18340220-16
VerdictGuilty > pleaded guilty
SentenceTransportation

Related Material

NEW COURT. Thursday, February 20th, 1834.

Fourth Middlesex Jury, before Mr. Common Sergeant.

332. JOHN MARDELL was separately indicted for stealing, on the 28th of January , 1 shirt, value 6d.; 1 towel, value 6d.; and 1 pair of stockings, value 6d.; the goods of James Peck ; for stealing 1 shift, value 6d.; 1 towel, value 2d.; 3 napkins, value 6d.; and 1 piece of calico, value 2d.; the goods of William Humphrey ; for stealing 5 aprons, value 1s. 6d.; 1 pinafore, value 8d.; and 1 pair of stockings, value 2d.; the goods of Jeremiah Crane ; for stealing 2 pair of stockings, value 6d.; 1 apron, value 8d.; 1 shirt, value 4d.; and 1 table-cloth, value 6d.; the goods of William Pratten ; for stealing 1 cap, value 1s.; the goods of Mary Ann Grace ; and for stealing 7 napkins, value 1s.; 2 caps, value 6d.; and 3 towels, value 6d.; the goods of Daniel Mayo , to all which indictments the prisoner pleaded.

GUILTY . Aged 34. - Transported for Seven Years .

EDWARD STEED.
20th February 1834
Reference Numbert18340220-17
VerdictGuilty > pleaded guilty
SentenceImprisonment

Related Material

333. EDWARD STEED was indicted for stealing, on the 8th of January , 340lbs. weight of engraved copperplates, value 400l.; the goods of James Basire , his master , to which he pleaded.

GUILTY . Aged 16. - Confined Six Months .

JOHN ANDERSON.
20th February 1834
Reference Numbert18340220-18
VerdictGuilty > pleaded guilty
SentenceImprisonment

Related Material

334. JOHN ANDERSON was indicted for stealing, on the 16th of January , 2 gowns, value 30s.; of Augustus Aves , to which he pleaded.

GUILTY . Aged 30. - Confined Six Months .

BENJAMIM BOLTON.
20th February 1834
Reference Numbert18340220-19
VerdictGuilty > pleaded guilty
SentenceImprisonment

Related Material

335. BENJAMIM BOLTON was indicted for stealing, on the 7th of January , 1 coat, value 10s. ; the goods of Emanuel Benjamin , to which he pleaded.

GUILTY . Aged 62. - Confined Six Months .

JOHN NIGHTINGALE, THOMAS JAMES, WILLIAM JAMES, JOHN FARRAWAY.
20th February 1834
Reference Numbert18340220-20
VerdictGuilty; Guilty; Guilty; Guilty
SentenceTransportation

Related Material

336. JOHN NIGHTINGALE , THOMAS JAMES , WILLIAM JAMES , and JOHN FARRAWAY , were indicted for stealing, on the 24th of January , 1 box, value 1s.; and 28 books, value 4l. 10s. ; the goods of Edward Colvill Edlin .

PETER HENRY EDLIN . I am the son of Edward Colvill Edlin - I go to school at Mr. Freeman's, at Enfield - on the 18th of December I left school for the holidays, leaving behind in the box-passage this box, with a great many books in it - it was locked up safe - I have since seen the box before the Magistrate, broken open, and some of the books which I had left in it are here now.

WILLIAM PARKER . I am servant to the Rev. Mr. Freeman - Master Edlin was at school there - I saw his box in the box-passage - on the 24th of January I went to Cracknell's cow-shed, about a quarter of a mile from the school - I found this box there, some books were in it and some out - I do not know whether any of them were missing - I saw some footmarks leading from Mr. Freeman's play-ground, which appeared to be boys' feet.

JOHN CRACKNELL . I have a field which has a cow-shed in it - on the morning of the 24th of January, I went to my shed, and saw this box - it was open, and some books were in it and some strewed about - I put them into the box - I told Parker of it.

JAMES READY . I lodge with my brother, at Edmonton - I sell oranges and fruit - I was passing the Cock, near Hound's field, at Edmonton, on a Friday four or five days before I went before the Magistrate, I saw the four prisoners there - they each of them had a book in their hand- I gave three of them an orange a-piece for their books, but I cannot say which of the prisoners it was - I think I had one book of Nightingale - I told every one I met that I had the books, and gave them up to the officer.

Prisoner Thomas James . He came and said he would give us an orange a-piece for them. Witness. No, they asked me to buy them.

RICHARD WATKINS . I am a horse-patrol - on the 24th of January I heard of this robbery - I examined the footmarks which led into the shed from the pales of the playground - I found four books under some loose hay in the shed - I knew the prisoners, and took them on suspicion - I afterwards saw Ready in company with two other persons - I asked if they knew anybody in their line who had received some books of some body? - Ready said he had; and he went home and got these gooks - I took him to the cage, and he identified the prisoners.

REV. STEPHEN FREEMAN . I keep the academy - I know some of these books, which Master Edlin had had of me - the whole of them were fully worth £4 10s.

JOHN MEAD . On the Sunday after the prisoners were

put into the cage - I was going to the church, and the prisoners were making a great noise - I told them, if they did not behave well, I would put the cane on them, and separate them from each other - one of them, who, I think, was Thomas James, said, he had sold a book for a tanner, and he wanted to collar the money; but that they afterwards went to the public-house and got sixpence worth of halfpence for it, and divided them - I asked them who they had sold it to - they said, to an Irishman - they were all together; and none of them denied it - I then asked what they had done with the other books - they said they had parted with them to an Irishman for an orange a-piece; and I think Nightingale said he had given one to a little boy in a black pinafore - I then asked where the other books were; and Thomas James, (I believe it was,) said, they had left them in Cracknell's cow-shed - William James said they carried the box across the field, and when they came to the fence, two of them got a stick and pushed it up to Farraway, who was on the top of the fence; but he let it fall on a stone, which broke it, and by that means they saw what was in it.

JOHN NIGHTINGALE - GUILTY . Aged 13.

THOMAS JAMES - GUILTY . Aged 12.

WILLIAM JAMES - GUILTY . Aged 13.

JOHN FARRAWAY - GUILTY . Aged 11.

Transported for Seven Years .

JAMES NEIGHBOUR.
20th February 1834
Reference Numbert18340220-21
VerdictGuilty
SentenceTransportation

Related Material

337. JAMES NEIGHBOUR was indicted for stealing, on the 14th of January , 1 cloak, value 4s. , the goods of George Robinson .

MR. CLARKSON conducted the Prosecution.

GEORGE ROBINSON. I am clerk to Mr. Tomlins, an attorney - I reside at Finchley - on the 14th of January, at a quarter past six o'clock, I was returning home - I stopped at Mr. Heming's, at Highgate , to light the lamps of my gig - I had my travelling cloak with me - I took some articles from the pocket of it, and left it safe in the gig, while I ran to light the lamps - I returned in two minutes- the cloak was then gone - the prisoner was brought to me with it, within two minutes more.

Cross-examined by MR. STAMMERS. Q. Had you driven fast? - Yes, rather so - it was a very dark night - I saw the cloak the moment before I got out of the gig - I unbuttoned it from my legs - it could not have fallen out.

JOSEPH WOOD . I was at Highgate, and saw the prisoner about ten minutes past seven o'clock - he had nothing with him then - I saw him again about twenty minutes past seven o'clock, with this cloak on his arm, going towards town - I went on and saw the gig and the prosecutor - I told him, and he went with me after the prisoner.

VALENTINE HARRISON . I am a police-constable - I was on duty that evening - I knew the prisoner well - I received information that he was passing bad money - I saw him about half-past six o'clock - I then lost sight of him - I afterwards saw him again with this cloak - I asked where he got it - he said, he had picked it up - he did not say where.

Cross-examined. Q. Are you certain he did not tell you he found it in the road? - A. Yes, he did, near a heap of stones - he did not say where he was going to take it till he was before the magistrate - he then said he was going to take it to the station.

GUILTY . Aged 29. - Transported for Seven Years .

JAMES SMITH.
20th February 1834
Reference Numbert18340220-22
VerdictGuilty
SentenceTransportation

Related Material

338. JAMES SMITH was indicted for stealing, on the 16th of September , 1 watch, value 25s. , the goods of James Mitchell .

JAMES MITCHELL. I am a labourer to Mr. Simmons, at Southgate, in the parish of Edmonton - on the 16th of September, 1832, I was getting up in my own house at two o'clock in the morning, to go with my master's cart - I heard a pane of glass fall into the front room down stairs - I came down, opened the door, and saw the prisoner - I knew him before; he was an acquaintance of my father, and lived in St. Luke's parish, at London - he came into the room, and took some beer and some victuals which was on the table - I keep the house - I am single - I let one room up-stairs to a woman of the name of Spikely - when the prisoner took the beer and victuals, I told him to make himself welcome - he said he was hungry and dry, and he was going to London - I went into the back place, and he ran off with a knife off the table, and a watch out of a time-piece stand - I went, and saw my young master - I do not know whether I told him what I had lost, but I told it to a man in London.

Prisoner. Q. What did I come to you that morning for? A. I do not know - I do not know why I went into the back place - you had a dog in a string - I did not buy it of you - I got to town about half-past five or six - I did not offer to compromise this for 2l.; but you said if I had a mind to go to a friend of yours, I should be made welcome, and you would give me 2l., and 4l. after you had been out a fortnight - I called on you the other day, because you sent for me to come to you by a letter, which you told the person to tear as soon as he had read it to me.

RICHARD WATKINS . I am a Bow-street patrol - I received information, and took the prisoner on the 20th of September last, at Hertford gaol - I waited till he came out- I read the warrant to him, and he said, he could get over this; he knew nothing about it.

ABRAHAM SIMMONS . I called Mitchell up at two o'clock that morning, and saw a man standing at his door - when Mitchell came to our yard, he said the man had stolen his watch and knife.

Prisoner's Defence. He asked me if I had a dog to sell- I said, "Yes;" and he told me to bring it down - I took it to him that morning - I said, "I have brought the dog"- he took it into the back yard - he asked me to have something to eat and drink, which I did - I then bade him good morning, and went away.

GUILTY . Aged 29. - Transported for Seven Years .

JOSEPH GILBERT.
20th February 1834
Reference Numbert18340220-23
VerdictGuilty
SentenceTransportation

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339. JOSEPH GILBERT was indicted for stealing, on the 2nd of January , 1 watch, value 4l.; 2 seals, value 5s.; 1 watch-key, value 1d.; and 1 ring, value 5s. , the goods of Thomas Barnes .

THOMAS BARNES . I am a soldier - on the night of the 2nd of January, I went to bed in the barracks in the tower, and hung my watch on a nail close by the bed-head about ten minutes past nine o'clock - the next morning, I awoke about half-past six, and my watch was gone - the prisoner

and several other soldiers slept in the same room - these are my watch, seals, and key.

THOMAS WALKER . I am a pawnbroker - the prisoner brought this watch to our shop, about seven in the evening on the 3rd of January - my fellow-shopman took the watch, and asked how he got it - he said he had stolen it, in order to get his discharge from the regiment - we said, we had orders to stop him - he ran off - I went after him, and caught him.

GUILTY . Aged 21. - Transported for Seven Years .

MARY HARDING.
20th February 1834
Reference Numbert18340220-24
VerdictGuilty
SentenceImprisonment

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340. MARY HARDING was indicted for stealing, on the 30th of December , 2 1/2 yards of baize, value 6s. , the goods of John Hughes .

HANNAH HUGHES . I am the wife of John Hughes, a linen-draper , who lives in Chiswell-street - the prisoner was in my service - on December 29th, I went to church in the evening, and returned about half-past eight - we rang the bell - the prisoner was a long while coming, and when she came, she was in a very confused state, and had no candle - I went into her bed-room, saw the mattress pushed up, and under it was some new green baize - I went down, and told my husband - he said, we would let it be till the next morning - the next day, we missed a silver salt-spoon - I taxed her with it - she denied it, and wanted to go out; but my husband stopped her, and sent for an officer - I thought she looked very bulky, and said, I was sure she had the baize round her - she then ran up stairs, and in three or four minutes I followed her - she was not then in her room - I looked, and missed the green baize from under the mattress - I went to the young man's bed-room, and saw her there, pushing the green baize under their bed; but she did not see me - she had her apron off, and her gown open- she then came down, and said, she had nothing, and we might search her - the officer then came - we went to her room, and could find nothing - we then went to the young men's room, and found the baize under the bed, folded up and quite warm - it could not have been there an hour before, as she had made that bed, and must have seen it - when it was found, she said she had never seen it in her life.

JAMES TILT . I was at that time a serjeant in the police- I was sent for, and found this baize between the bed and the mattress; but, before I found that, I went into the prisoner's bed-room; she took an opportunity and put half-a-crown into my hand, and said it was for me to speak as favourably as I could - I put it down again, and she took it up.[ Mary Clark , of Covent-garden, gave the prisoner a good character.]

GUILTY . Aged 35. - Confined Four Months .

WILLIAM GREEN, JOSEPH ROW.
20th February 1834
Reference Numbert18340220-25
VerdictsGuilty; Guilty; Guilty; Guilty
SentencesTransportation

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341. WILLIAM GREEN and JOSEPH ROW were indicted for stealing, on the 29th of January , 2 shirts, value 8s. , the goods of Edward Ilbury .

2nd COUNT calls them the goods of James Coleman .

GEORGE HAWKINS (police-constable, 43 S.) On the 30th of January, at half-past five o'clock, I was on duty in Aberdeen-place, Edgeware-road - I saw the two prisoners coming along, each of them had a sack across his shoulder - Row passed me and wished me a good morning - Green stopped for a moment and then crossed the road, as if to shun me - I followed him about two hundred yards - I then asked what he had got - he said mushroom-spawn, which he had brought from Brentford; I said,"I should like to look at it;" he then called out to the other prisoner, "Jack!" - I said, "Never mind him, if you have nothing but mushroom-spawn, you may go on;" he then said, it was some fowls they had found on the road - I said he must consider himself as my prisoner; he said he should like to speak to his mate; I said he might - he and I both ran after him - I found a sweep, and left Green in his custody while I went after Row - I found him in Paddington - in Green's sack I found three geese and six fowls, and on his person I found a clasp-knife and some poison; and, in Row's sack, were four wet shirts - they both said they found the things.

HARRIET COLEMAN . I am the wife of James Coleman- we live at the Hive, Edgeware-road - I know these shirts, two of them are my husband's, and two of them I had to wash - I missed them about six o'clock in the evening, of the 29th of January - I live about five miles from where the prisoners were taken.

Row's Defence. We were coming along, and found the two sacks.

GREEN - GUILTY . Aged 22.

ROW - GUILTY . Aged 20.

342. WILLIAM GREEN and JOSEPH ROW were again indicted for stealing, on the 30th January , 3 live tame geese, value 15s., and 6 live tame fowls, value 12s. , the goods of William Ham .

GEORGE HAWKINS. I found these geese and fowls in the sack which Green had.

WILLIAM WOODLEY . I live with Mr. W. Ham, at Gutter's End, near Hendon - I look after his poultry - I locked them up on the evening of the 29th of January, and the next morning I missed six hens and three geese - I saw them when they were found, and knew them well - these are the heads and feet.

GREEN - GUILTY . Aged 22.

ROW - GUILTY . Aged 20.

Transported for Seven Years .

ROSETTA PENDERGRASS.
20th February 1834
Reference Numbert18340220-26
VerdictNot Guilty

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343. ROSETTA PENDERGRASS was indicted for stealing, on the 6th of February , 1 cloak, value 40s. , the goods of Ann Morgan .

ANN MORGAN. I am a widow - I went to Mrs. Allen's to tea on the 5th of February, and while there I lost this cloak.

ELIZABETH ALLEN . The prosecutrix came to my house on the 5th of February, between twelve and one o'clock in the day - I put her cloak into the two pair stairs room - we sent for it again at nine o'clock in the evening, and it was gone.

JOSEPH SMITH . This cloak was pawned with me about five o'clock on the 5th of February, by the prisoner - (I believe) in the name of Wood.

JAMES WALSH (police-constable, C 4.) I found the duplicate of this cloak on the prisoner.

Prisoner's Defence. I neither pawned it nor took it, but I received the money, not knowing it was stolen.

NOT GUILTY .

JOHN GOVER.
20th February 1834
Reference Numbert18340220-27
VerdictNot Guilty

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344. JOHN GOVER was indicted for stealing, on the 15th of January , 2 hams, value 16s., the goods of Thomas Slone , and others, his masters .

WILLIAM COUNT . I am in the employ of Mr. John Slone and others - they live in St. Martin's-lane - the prisoner was their waggoner - on the 15th of January I was in Hemming's-row, and saw the prisoner with two hams under his arm - I suspected they were my master's - I called to him"George!" which is the name he goes by - he went on - I sent a young man after him - these are the hams - I believe them to be my master's - one of them is a pale ham, and one pale ham was missing from the warehouse.

Cross-examined by MR. CLARKSON. Q. Can you swear to these hams? A. No, not to either of them.

FREDERICK BOYLE . I live in Pall-mall East - on the 15th of January I was in Castle-street, and was directed to follow the prisoner, which I did - I saw two hams under his arm.

MARY WINSOR . The prisoner lodged at my house - on the evening of the 15th of January he came in and brought two hams, which he asked me to put inside my bar - I gave them to the officer the same evening.

WILLIAM BALLARD . I am an officer - I took the prisoner, and asked him where he had carried the hams - he said he had had no hams, nor carried any - I then said,"Where did you get the hams you carried to Mr. Winsor's?"- he said from the City, that his mother had sent him one, and some other person had sent the other - I took him to the watch-house, and the next morning he asked to see Mr. Wells, one of his masters; and he said to him that he had made a great fool of himself, but he hoped he would not be hard with him; and that it was Freeman's fault, who had led him into it - he said he had had three before; two he had sold, and one they cut up.

WILLIAM COUNT . I believe this pale ham to be one of my masters'.

Cross-examined. Q. How many had you? A. It is not possible for me to tell - this pale ham was in a pile near the door - we missed one from the pile - I cannot tell how many there were but by the height of the pile.

NOT GUILTY .

JAMES CRADOCK.
20th February 1834
Reference Numbert18340220-28
VerdictNot Guilty

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345. JAMES CRADOCK was indicted, for stealing, on the 23d of February , 44 bobbins, value 3s.; and 2lbs. 12oz. of silk, value 4l. 14s. , the goods of Ann Malyon , widow .

ANN MALYON. I am the wife of John Malyon - he left me six years ago to go to sea - I have not heard of him since.

NOT GUILTY .

ARTHUR JAMES POWER.
20th February 1834
Reference Numbert18340220-29
VerdictNot Guilty

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346. ARTHUR JAMES POWER was indicted for stealing, on the 3d of January , 1 pair of braces, value 10s.; and 1 pair of drawers, value 20s., the goods of John Scaife , his master .

JOHN SCAIFE . The prisoner lived twelve months with me as errand-boy - in consequence of some suspicion, I asked him for the key of his box, and sent the housemaid for his box - it was opened, and these braces were found in it, which are such as I sell for half-a-guinea a pair - they cost me about seven shillings - I swear they are mine - the prisoner said that he bought them in the street for two shillings.

Cross-examined by MR. PHILLIPS. Q. What did he say? A. I said it was my property, and it was ridiculous in him to deny it - I said it would be better for him to confess the braces were mine - I have no mark on them - I have sold some of them before I left Bond-street, which is three years ago - I cannot say these are not a pair I sold.

WILLIAM RICHARDSON (police-constable E 140). I took the prisoner - I saw a box on the counter - Mr. Scaith told me he had found a pair of braces in the box. I found this pair of drawers in the box.

MR. SCAIFE. These are a pair which I know - they were made for a particular man - these are the first I made in this way - they are quite experimental ones.

Cross-examined. Q. When did you make these experimental ones? A. About two years ago - I have not made any breeches-drawers like these since - I have made some pantaloon-drawers for the same gentleman - he returned these, as he did not approve of them.

Q. Have not these been washed? A. I should say decidedly not - I will not swear it; but, on looking at the button-holes, which is the best criterion to go by, I should say they have not - I cut these out myself.

NOT GUILTY .

HENRY PARR, JANE THORNTON.
20th February 1834
Reference Numbert18340220-30
VerdictGuilty; Guilty
SentenceTransportation; Imprisonment

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347. HENRY PARR and JANE THORNTON were indicted for stealing, on the 8th of January , 1 watch, value 3l. the goods of Richard Soden .

MARY ANN SODEN . I am the wife of Richard Soden - we live in Whiskin-street, Clerkenwell - Susannah Parr was in our service - on the 7th of January we had a watch hanging in our kitchen; that was the last time I saw it - I went out with my husband at half-past six o'clock that evening, and returned at half-past ten o'clock - the watch was then gone; this is it.

SUSANNAH PARR . I am servant to the prosecutor - my brother and Thornton called on me that evening - I took them into the kitchen - I and my brother went out, and he gave me a shilling to get change, and to get a pennyworth of gin - I left the watch safe when I went out - when we returned, Thornton was standing at the door; my brother did not go into the kitchen, but he went away with her - I went into the kitchen, and missed the watch in about twenty minutes after they were gone; no one else had been in the kitchen that I know of; Thornton came back the same evening for my brother's pen-knife; I gave it to her, and told her the watch was gone; I asked her if any one came while we were out - she said, "Yes; some man came down into the kitchen, that she said, "What do you please to want?" and he said, "What is that to you?" and he went out of the kitchen - and she said to me, "Do not say we have been here, or we shall be caught;" my brother was very much in liquor.

ELIZABETH FURNELL . I lodge in the same street; I saw the prisoners that evening, and followed them all the way up the street; they stopped, and went into the prosecutor's - I heard of the robbery next morning, and described them.

RICHARD BAYLIS (police-sergeant G 5). I took the

prisoners in West-street, Smithfield, on the 9th of January - I found this watch in Parr's waistcoat-pocket.

PARR GUILTY . Aged 21.

Transported for Seven Years .

THORNTON GUILTY . Aged 19.

Confined Four Months .

THOMAS KEEN, WILLIAM KING, JAMES DARMAN.
20th February 1834
Reference Numbert18340220-31
VerdictGuilty; Guilty; Guilty
SentenceTransportation

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348. THOMAS KEEN , WILLIAM KING , and JAMES DARMAN , were indicted for stealing, on the 13th of January , 1 basket of eggs, value 2s.; and 150 eggs, value 10s. , the goods of Godfrey Thurgood .

GEORGE STONE (police-constable C 99). On the 13th of January, about three o'clock in the afternoon, I was in Leicester-square; I saw the three prisoners, and watched them for two hours, or more; they had then got to Titchfield-street ; King there took a flat basket from Mr. Thurgoods's window, and put it on Keen's head; he walked off; I went after him, and took him with him; Darman had a white apron on, which he took off and gave to Keen before the basket was taken.

THOMAS HOBBS (police-constable C 85). I was with Stone; I saw Darman take off his cap and put it on Keen's head, and the white apronr round him, to make him look like a butter-man.

ROBERT CURREY . I am a turner - I was asked by the officers to assist in taking the prisoners.

GODFREY THURGOOD . This is my basket; I lost it full of eggs that day.

KEEN GUILTY . Aged 19.

KING GUILTY . Aged 19.

DARMAN GUILTY . Aged 16.

Transported for Seven Years .

MARY CONNER.
20th February 1834
Reference Numbert18340220-32
VerdictGuilty > with recommendation
SentenceImprisonment

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349. MARY CONNER was indicted for stealing on the 11th of January , 11s. 103/4d., in copper monies , the property of Reuben King .

ELIZA KING . I am the wife of Reuben King , a potatoe-dealer , in St. John-street, Clerkenwell . I employed the prisoner as a char-woman , on the 11th of January - I left the room for three or four minutes - when I returned, I saw her withdraw her hand from a measure which contained coppermoney; when she saw me she started, and dropped three halfpence on the floor - I picked them up, and went into the warehouse to my husband and said, I would pay her, and send her away, as I saw her drop some half-pence - I went back into the room, and she was putting away the tea things; her pocket struck against a sofa, and I heard the rattle of money - I then gave her a silver shilling, which was sixpence less than I had been accustomed to give her- I told her I was certain she had paid herself the other sixpence that day - she said she had not, and put her hand inside her gown, but did not touch her pocket - I then took hold of her pocket myself, and felt some copper in it - I told my husband - he sent for the police man, who found eleven shillings and ten pence three farthings in copper, in her pocket; there were two half-pence which my husband could swear to, and part of the copper was tied up in a duster which I had given her - the prisoner fell on her knees, and said, "For God's sake do not give me in charge," and offered to give back the shilling I had given her.

REUBEN KING. I saw the officer take the copper from the prisoner - I can swear to these two half-pence.

WM. CHINNERY (police-constable G 168.) I was called in, and took the prisoner - I found this copper on her - Mr. King identified these two half-pence, and Mrs. King identified this piece of a duster, in which some of the coppers were.(The prisoner put in a written defence, stating that the money found on her was her own.)

GUILTY. Aged 41.

Recommended to mercy by the Prosecutor . - Confined Two Months .

ANN DAVIES, WILLIAM POWELL.
20th February 1834
Reference Numbert18340220-33
VerdictsGuilty; Guilty; Guilty
SentencesTransportation; Transportation

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Fifth Middlesex Jury, before Mr. Sergeant Arabin.

350. ANN DAVIES was indicted for stealing, on the 17th of September , 2 sheets, value 7s.; 1 pair of stockings, value 1s.; and 2 towels, value 1s.; the goods of Edward Dalton , her master ; and WILLIAM POWELL for feloniously receiving the same, well knowing them to have been stolen , against the Statute.

EDWARD DALTON. I keep the Holland Arms, Kensington . The prisoner Davies lived with me as cook about three months - I did not miss anything then, but she was taken into custody about three months after she left me, and on her were found several duplicates, which related to my property - I have known Powell all his life; he was a neighbour's son, and was a kind of errand-boy in the neighbourhood.

RICHARD SWAN . I live with Mr. Wells, a pawnbroker, in High-street, Kensington - I have a pair of sheets pawned by a man on the 17th of September, in the name of William Powell - I believe the prisoner is the man.

GEORGE KING . I live with Mr. Bird, a pawnbroker, in Long-acre - I have a book, pawned in August; a handkerchief, in July; and a gown and a shift, pawned in September - they were all pawned by a man, two of them in the name of William Powell, and two in the name of John Timbs - I do not recollect the person.

THOMAS JOSEPH WEST (police-constable C 15). I took the prisoner Davies, and found in her box fifteen duplicates relating to this property, and that of Mr. Lee - the name of William Powell is on some of the duplicates - I went to the Holland Arms, from information, and found the prisoner Powell bedding up some horses - I asked him if he knew the cook who had lived at the Holland Arms - he said"Yes" - I said, "Did you pawn anything for her?" - he said,"No, by my God, I never did" - he denied it several times- I told him to be cautious, as what he said I should have to tell in another place; and that I had some duplicates with his name, in full length, on them - he then said, "I will tell you all about it: I went to the back of the house, and the cook threw the pair of sheets out of the two-pair window, and I caught them and pawned them."

Property produced and sworn to.

DAVIES - GUILTY . Aged 34.

POWELL - GUILTY . Aged 30.

Transported for Seven Years .

351. ANN DAVIES was again indicted for stealing on the 24th of October , 4 table-cloths, value 1l.; 1 sheet, value 3s.; 1 shift, value 3s.; 3 pair of stockings, value 6s.; 5 handkerchiefs,

value 10s.; 1 apron, value 1s.; 1 petticoat, value 1s.; 2 pillow cases, value 1s.; and 4 books, value 3s.; the goods of William Hugh Richard Lea , her master .

WILLIAM HUGH RICHARD LEA . I am a licensed victualler , and live in Oxford-street - the prisoner came into my service on the 17th of August, and left me in the beginning of January - she was soon afterwards taken, and the officer told me he had found some duplicates on her, relating to some property of mine.

JOSEPH LYALL . I am a pawnbroker - I have a number of articles which the prosecutor claims - this table-cloth and petticoat were pawned by the prisoner.

WILLIAM PARKER . I am a pawnbroker - I have a table-cloth, a shift, and several other articles; the tablecloth was pawned by the prisoner for £1.(Property produced and sworn to.)

GUILTY . Aged 34. - Transported for seven years more .

ANN HARMAN.
20th February 1834
Reference Numbert18340220-34
VerdictGuilty
SentenceImprisonment

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352. ANN HARMAN , was indicted for stealing, on the 20th of January , 17 yards of printed cotton, value 6s. , the goods of James West .

FREDERICK PARKS . I am an apprentice to Mr. James West , a linen-draper , who lives in Shoreditch - between one and two o'clock in the afternoon of the 20th of January, the prisoner came to our shop alone, she asked to look at some smart dresses - I showed her a great many - she did not buy any, but asked me to give her a pattern of one - she stopped three quarters of an hour, and was then going to the door - I followed her, and asked to look under her apron, and took this print from between her legs; it is my master's property.( Robert Brough , of Huntingdon-street, Hoxton, gave the prisoner a good character.)

GUILTY . Aged 17. Confined Three Months .

FREDERICK JOHNS.
20th February 1834
Reference Numbert18340220-35
VerdictNot Guilty

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353. FREDERICK JOHNS was indicted for stealing, on the 10th of January , 5 stoves, value 5l.; 1 nest of drawers, value 2l.; 1 counter, value 2l.; and 3 shelves, value 3l., the property of Richard Bickerton , and fixed to a building , against the Statute.

RICHARD BICKERTON . I live in the Seven Dials - I have a house in St. John's-street, Clerkenwell - I gave one hundred guineas for the lease, and pay sixty guineas a year rent for it - the prisoner applied for a lease, and said he wished to build a place in the yard - there were two written agreements drawn up, he had one and I had the other, but the magistrate had mine from me - I let the prisoner the house for 45l. a-year, which is 15l. less than I pay for it, but the house was a little out of repair, and it was specified, that if he put it in repair, he should have the fixtures - there are about eight years of the lease unexpired - he came into possession about the 21st of September, and about the 12th or 13th of January I applied for the Christmas rent - I found the counter and nest of drawers had been removed from the shop, and some of the stoves and other things; I spoke to him about them, and asked for the rent - he said he was not prepared with it, but if I would wait till the Tuesday following he would replace the fixtures, and give me 5l. - I went on the Tuesday following, he was not there, but on the Tuesday night I received a note, and on the Wednesday I went and missed these articles - they had been there on the Tuesday.

Cross-examined by MR. PHILLIPS. Q. He told you he would replace the things? - A. Yes.

WILLIAM HALL . I am an officer of Hatton-garden - when the prosecutor was there, he produced a lease; but to the best of my belief it was returned to him.

COURT to MR. BICKERTON. Q. Have you given notice to the prisoner to produce the counterpart? - A. No.

NOT GUILTY .

ELIZA KELLY, MARGARET JAMES.
20th February 1834
Reference Numbert18340220-36
VerdictGuilty; Not Guilty
SentenceTransportation

Related Material

354. ELIZA KELLY and MARGARET JAMES were indicted for stealing, on the 7th of January , 1 watch, value 5l., 3 seals, value 20s., 1 ring, value 5s., 1 watch-key, value 2s., and 2 handkerchiefs, value 2s. , the goods of James Shepherd .

JAMES SHEPHERD. I am a servant - on the 7th of January, between eleven and twelve o'clock at night, I fell in with the prisoner Kelly in St. Giles' - she asked me to treat her - I did - I then went with her to her lodging in Bainbridge-street, St. Giles' - we went to a one-pair room, where James was in bed - I did not give her any money; but I sent for a quartern of rum, which James got up and went for - when I was going up stairs I took my watch out of my fob, and put it into the breast-pocket of my coat, and my handkerchief on it, as I did not like the place - James returned with the rum in about five minutes - Kelly poured it into a cup, and handed it round - James tasted it - I took a small drop - Kelly then said, "I must go down for some water," which I understood was to mix with her liquor - she went down, and did not return - in a few minutes I felt my pocket, and missed my watch and handkerchief - James had not been near me; but Kelly had been very handy in handling me about while James was gone for the rum - I got a policeman - we went up to the room and found James in bed - he told her to get up - Kelly soon afterwards came in, and said she was the person - I lost a second handkerchief, which I had taken off my neck when I went into the room - that was burnt - I did not sit down, nor lie down.

Cross-examined by MR. CLARKSON. Q. If you did not like the appearance of the place, why did not you go out? - A. Because there were some men at the door; and I thought I should have my brains knocked out by some bully - I had had something to drink with a friend in the City; but I knew what passed - I met Kelly at near twelve o'clock, as I was going to Great Portland-street - I have a wife in the country, but no family - I did not want to sleep with either of these girls; and I made no such proposal - I told Kelly I had no money, but enough to pay for the rum, and a few halfpence over - I never was in the habit of going to these houses; but I was a little elevated in liquor - I was not in the room more than ten minutes - James got up and put some of her dress on; but I turned my back to her while she dressed - Kelly pressed me to go to her lodging, and said we could have a glass off my handkerchief - I did not mean to stay; but I took off my handkerchief from my neck as I was warm - I had walked fast from Red Lion-square - I believe I put the handkerchief on a chair or a table; but I do not exactly know where I put it - I did

see it burnt; but one of them said it was burnt - I swear I did not take off my coat.

HENRY LONG . I am a pawnbroker - I have a handkerchief pawned by James on the 8th of January.

JAMES WALKER . (Police-constable, E 80.) I was called between twelve and one o'clock on the night of the 7th of January - the prosecutor said he had been robbed- I went into the room - I saw James in bed - he said that was the girl he had sent for some rum, but the other had gone down stairs for water - I turned my light off and waited about ten minutes - Kelly then came up into the room - I turned the light on, and asked the prosecutor if that was the girl - he said she was - I took her, and the next day the magistrate desired me to take James - she told me the duplicate of the handkerchief was in a glass, on the mantel-shelf, and that if I had looked in the bed, when I first went, I should have found it - she said Kelly told her it was her intention to rob the prosecutor, and she was sorry she had had anything to do with it - I had searched the bed when I first went, but found no handkerchief.

Cross-examined. Q. Were you sober? A. Yes; and so was the prosecutor - he said he had wrapped his watch in his handkerchief, and placed it in his breast pocket.

Kelly's Defence. The prosecutor stated at the office, that I took the handkerchief from his neck, which I could do not without his feeling it.

JAMES SHEPHERD . I did not - I gave 6d. for the rum, and had 41/2d. beside, and that I was robbed of - I only took off my handkerchief because I was warm - this handkerchief is mine - here is a little knot at one corner.

KELLY - GUILTY . Aged 19. - Transported for Seven Years .

JAMES - NOT GUILTY .

THOMAS ANDERSON, MARY JOHNSON.
20th February 1834
Reference Numbert18340220-37
VerdictGuilty; Guilty
SentenceTransportation

Related Material

355. THOMAS ANDERSON and MARY JOHNSON were indicted for stealing, on the 9th of January , 2 pieces of handkerchiefs, containing 14 handkerchiefs, value 3l. ; the goods of John Scales Christian .

Mr. CRESWELL conducted the Prosecution.

FREDERICK ALEXANDER CANDLER . I am shopman to Mr. John Scales Christian - he is a linen-draper , and lives in Wigmore-street - on the 9th of January the prisoners came in together, and looked at some pieces of silk handkerchiefs - they did not select any from the first pile, but wanted to look at some others - I fetched four other piles - Anderson fixed on one, and asked Johnson if she liked it, and if it would wash - she said, "Yes" - I cut one off, and Anderson paid me 6s. for it - the prisoners then left the shop, and I told some young ladies, who were in the shop, that I missed one piece - I went to the station-house, and saw the prisoners there, and this piece of handkerchief, which to the best of my belief is my master's, but it was not folded then as I generally fold them - I missed a piece of this description.

JURY. Q. Is your private mark on it? A. No; not now - I cannot tell whether there was one when this was in the shop - we generally put them on gum tickets, which are apt to come off - I put a piece of this pattern and colour on the counter.

Cross-examined by MR. PHILLIPS. Q. How many pieces did you put down the second time? A. I cannot say, there was only one of this pattern - I know every pattern we have in the house - I cannot tell how many pieces we have- there are five piles about a foot high - if a handkerchief was taken I should miss it immediately, though there were twelve or fifteen pieces in a pile - the young ladies I mentioned it to were those who serve in the shop - I know this piece, as it had been in the window about three months before, and the part that was uppermost, when it was folded, was rather faded - I remember putting this particular piece in the window - I cannot say whether it was on the top of the pile or in the middle - I cannot find any trace of the gum mark on them - I missed this piece and another - the one I first missed has not been found.

Q. Have you not been giving the jury and me to understand that you missed this piece? A. I missed this, but this was not the one I missed first.

Q. But when you talked about your knowing it by its being faded, and by the fold, why did you not say that you did not mean this one? A. I have not had an opportunity - the prisoners were minutely searched for the other piece, but it has not been found - it was a British twill, a shell pattern, and a scarlet colour - I described it to the officer - I think there was only one young lady in the shop when the prisoners were there - she was twenty yards from me - but there were more when I missed the handkerchiefs - I did not see this piece found on the prisoner, but I saw it in about a quarter of an hour - I could not swear to it, but I went back and missed it from the shop - I cannot now swear it is ours, but to the best of my belief it is.

GEORGE HORSLEY WOOD . I am a relation of the prosecutor's - I was in his shop - I saw the prisoners there - I received information - I went out and sent for an officer, and when the prisoners came out I was at the door with the policeman - he took them in charge - Anderson made a violent attempt to get into the shop again, and so did Johnson, but I prevented it - Anderson said he had bought the handkerchief, or a handkerchief, and he ought to be treated like a gentleman - I followed them to the station-house and watched them.

Cross-examined. Q. Do I understand you that from the time they left the prosecutor's till they got to the station-house you were behind them and watching them? A. Yes; I do not believe they dropped anything in the street, but they might in the police-office - I saw Anderson searched there, and nothing was found on him; but Johnson went down with the cook, and she might have been bribed to take anything.

JOHN WHEALAN (police-constable D 81). I was sent for to the shop and saw the prisoners coming out - I took them to the station-house - they both objected to go, and made a rush to get into the shop - I searched Anderson at the station-house, and found these two silk handkerchiefs on him; he said he had bought them - this one is quite new.

Cross-examined. Q. Did you ask where he bought them? A. No.

FREDERICK ALEXANDER CANDLER . This is the one he bought of me; the other has been used.

JOHN CRAWLEY LITTLE (police-constable D 74). I was at the station-house when the prisoners were brought in - the man was searched, and after looking under the woman's cloak I took her down stairs, where a woman searched her

while I stood at the door; she found nothing on her - I was not satisfied, and took her to another woman, and as I was directing her to search her, she dropped this piece of handkerchief; I took it up and said, "What is this?" she said,"It is what you are looking for."

Cross-examined. Q. Johnson said, "This is what you are looking for?" A. Yes, I stated that before the Magistrate; I suppose it was taken down - there was nothing found on Anderson which the prosecutor claimed - I did not find anything dropped in the station-house, nor in the room below, but this piece.

Anderson's Defence. When the officer came and stopped me, I asked for what - he said, "I will tell you at the station-house" - I said, "This is the shop I have been in," and I wanted to go in, as I did not like to be stared at in the street - Mr. Wood put his hand to my bosom, and shoved me back, and said, "I shall not allow you to come in, you must go to the station-house" - I went, and was searched three times, and then twice more down stairs - after that, the shopman brought some handkerchiefs down and said, "Here are some handkerchiefs for you, do you know these?" - I said, "All the handkerchiefs I have are my own, and the one I have paid six shillings for."

ANDERSON - GUILTY . Aged 24.

JOHNSON - GUILTY . Aged 24.

Transported for Seven Years .

HENRY KING.
20th February 1834
Reference Numbert18340220-38
VerdictGuilty
SentenceTransportation

Related Material

356. HENRY KING was indicted for stealing, on the 29th of January , 1 ham, value 6s. , the goods of John James Strother and another.

GEORGE MORRIS . On the 29th of January, I saw the prisoner at the prosecutor's shop, in Tabernacle-walk - a man took a ham off a nail, and gave it to the prisoner, who was at his side; the prisoner put it in his apron and went off - I ran after him, and, just as I overtook him, he dropped it - I had not lost sight of him.

JOHN JAMES STROTHER. I have one partner - this ham is ours; but I was out when it was taken.

Prisoner's Defence. A young man took it down, and gave it to me.

GUILTY . Aged 14. - Transported for Seven Years .

JOHN LEFEVRE.
20th February 1834
Reference Numbert18340220-39
VerdictNot Guilty

Related Material

357. JOHN LEFEVRE was indicted for stealing, on the 10th of January , 1 ham, value 8s. , the goods of John Benjamin Hooker .

ANN CLARK . On the evening of the 10th of January, I saw the prisoner and another person at the prosecutor's shop, in Brick-lane ; the other man took a ham, and they ran off together - the prisoner did not take the ham nor touch it.

JOHN TATE . I am an apprentice to Mr. John Benjamin Hooker - the prisoner was taken just by, and I missed a ham.

NOT GUILTY .

SAMUEL MORETON, JOHN WILLIAMS.
20th February 1834
Reference Numbert18340220-40
VerdictGuilty; Guilty
SentenceTransportation

Related Material

358. SAMUEL MORETON and JOHN WILLIAMS were indicted for stealing, on the 4th of January , 1 handkerchief, value 4s., the goods of John Liston , from his person .

JOHN LISTON. I am assistant Clerk to the Commissioners of Charities - on the 4th of January, I was in New-street, Covent-garden , about ten minutes before seven o'clock - I felt two tugs at my pocket; I turned, and two officers had secured the two prisoners, and one of them had the handkerchief, which is mine.

THOMAS TIPPER , (police-constable F 152). I watched the two prisoners, and saw them go behind this gentleman; Moreton drew the handkerchief and passed it to Williams - I ran up, and secured the prisoner - Williams threw the handkerchief down, and I took it up.

Moreton's Defence. I never saw the handkerchief until I had been four days at the office.

MORETON - GUILTY . Aged 21.

WILLIAMS - GUILTY . Aged 19.

Transported for Seven Years .

SIDWELL SUXSSPEACH.
20th February 1834
Reference Numbert18340220-41
VerdictGuilty
SentenceTransportation

Related Material

OLD COURT. Friday, February 21, 1834.

Second Middlesex Jury, before Mr. Serjeant Arabin.

359. SIDWELL SUXSSPEACH was indicted for stealing, on the 10th of December , 1 cloak, value 15s.; 1 dress, value 6s.; 1 petticoat, value 2s.; 1 pair of stockings, value 1s. 6d.; 1 pair of shoes, value 4s.; 1 apron, value 2s.; and 1 boa, value 3s.; the goods of Henry Charles Chiverton , her master , to which she pleaded

GUILTY . - Aged 17. Transported for Seven Years .

WILLIAM WOOD.
20th February 1834
Reference Numbert18340220-42
VerdictGuilty
SentenceImprisonment; Transportation

Related Material

360. WILLIAM WOOD was indicted for feloniously breaking and entering the dwelling-house of John Bale , on the 15th of January , at St. Leonard, Shoreditch, and stealing therein 1 pair of ear-rings, value 7s. 6d., his property .

JOHN BALE . I am a general salesman , and live at No. 3, Old-street-road, in the parish of St. Leonard, Shoreditch - on the 15th of January, when I came home, about half-past ten o'clock in the evening, the glass of my shop window was broken, and the ear-rings missing - they were safe about eight or nine o'clock, when I went out - I left my mother and brother at home - I fund the prisoner was in custody.

JAMES BALE . My brother left me at home - I was sitting in the parlour, and heard the shop window crack about ten o'clock - I went out instantly at the private door and secured the prisoner, whom I found at the window, and saw the ear-rings found down at his feet - the window was unbroken before.

Cross-examined by MR. BODKIN. Q. Are you quite sure the window was not cracked before? A. There was a crack across the pane, but not in the part he broke - the glass was all in the window before I heard the crack - I had seen the crack that day, but I had not looked at it that evening - I cannot swear it was not more broken before ten o'clock - on coming out I saw the man at the window - my brother had goods in the window - people frequently stopped to look in - I saw the prisoner and another at the window - there were no things hanging in the window to prevent my seeing - there was plenty of space, and I could see his person through the shop, because there was plenty of light - the other man ran away.

Q. On your oath, were not the rings found on the spot where the other man stood? A. No, they might have been half-a-foot from where he stood.

COURT. Q. The ear-rings were at the prisoner's feet?

A. Yes - I went out immediately I heard the crack - I have not a doubt the window was broken at that time.

JANE BALE . I am the prosecutor's sister - on the 15th of January, about ten o'clock, I saw my brother go out at the private door - I went out at the shop door and saw my brother holding the prisoner, and the ear-rings lying about six inches from the window - I took them up and gave them to my brother.

Property produced and sworn to.

Prisoner's Defence. I was coming down the road, passing the shop - I saw a man at the window, and when I got six yards from the window the prosecutor ran out, and said to him, "What are you doing there?" I turned round to see what was the matter; the man ran away, and he laid hold of me.

GUILTY . - Aged 26.* Confined One Month , and then to be Transported for Life .

THOMAS BUCKINGHAM.
20th February 1834
Reference Numbert18340220-43
VerdictGuilty
SentenceTransportation

Related Material

Before Mr. Justice Park.

361. THOMAS BUCKINGHAM was indicted for stealing, on the 14th of January , at Hornsey, 1 sheep, value 26s. , the goods of Sebastian Gerrard .

2d. COUNT. For killing the said sheep, with intent to steal the carcase.

Messrs. BODKIN and DOANE conducted the Prosecution.

DANIEL MAY . I am a watchman - on the 14th of January, I was on duty, near the Wrestlers public-house, at Highgate, about half-past eight o'clock in the evening - I observed a man, who is not in custody, named William Miller , whom I knew before, coming out of Dutton's-alley; he bade me good night, and went on - that alley leads from Mr. Gerrard's premises, which are on Highgate-common , just at the right of the Archway-road - about a minute afterwards, I saw the prisoner come up the same alley - I could see he had something under his arm like a sack or bag - I immediately followed him, and asked what he had got there - he said, he had not got anything - I told him he had got something, and must consider himself as a prisoner, and go with me to the watch-house - I have known him ten or twelve years - I knew them both before - I took him to the watch-house - we passed the Castle in the way; and opposite the Castle he made a stop - I said, "None of your nonsense, but walk along quietly;" and then he did so - when I got to the watch-house, I examined the contents of the bag, and found half of a dead sheep - the two fore quarters - I examined his pockets, and found in one pocket the head and pluck of a dead sheep, and in the other pocket a great deal of fat; and, in a third pocket, I found a cord, two snares, a knife, and seven pence in money - Watling, a watchman, was present at the watch-house - he is not here - the parts of the sheep I found on him were quite hot - he said, what was in the bag was all right, that he had found it, and Billy Miller knew all about it, for he had also picked up a bag, and that Miller had got the other part - I had not observed whether Miller had anything or not - the night was very dark - I made inquiry, and went to Mr. Gerrard's house, and saw Winterborn, his shepherd - I went with him to the field near Mr. Gerrard's house - that was on the same night - we found five sheep there - I found nothing else that night - I went early next morning with Winterborn to the same field, as soon as it was light, about seven o'clock - I found nothing there - we went to a wood, about a quarter of a mile off, and about fifty yards from the entrance of the wood we found a sheep's skin, which I have here - the entrails of a sheep was rolled up in it - I then brought the skin to the watch-house, and compared it with the head which the prisoner had in his possession - he was not present - my opinion was that the skin belonged to that head - Winterborn was present - part of the head was skinned.

Cross-examined by MR. PHILLIPS. Q. Who was with you the night before, and is not here now? A. Thomas Watling was at the watch-house, at the time I searched the prisoner, not when I stopped him - it was a dark night.

Q. What part of the head was skinned? A. The wool was all down the cheek, but about the neck the skin was partly off, and the place where it was off fitted the skin - it is my opinion, it belongs to that head - I am not a butcher- Samuel Atkins , a butcher, saw it - he is not here - I am a labourer - I am not accustomed to kill sheep - I never had any quarrel with the prisoner in my life - I was never accused of having committed a depredation at his mother's garden; if I was, it was unknown to me - I never made any remuneration to his mother, or him, or to anybody - I never had any difference with him, or his mother - they used to live opposite the Castle, two or three years ago, or perhaps not so much - I never gave him anything to drink after this transaction - I was never in any public-house with him.

COURT. Q. What hat or cap had the prisoner on? A. A glazed hat, like a sailor's hat.

WILLIAM WINTERBORN . I am in the service of Mr. Gerrard, of Hornsey, and look after his sheep - May came to me on the night of the 14th of January, and Watling with him - in consequence of what he said, I went with him to the field where master's sheep are kept - I had seen the sheep a quarter before four that evening - there were six sheep then - the field was fenced round - when I went with May, which was just at ten o'clock, I found only five - on the following morning early, I accompained May to search in the neighbourhood of the field, and saw a sheep-skin and entrails; I did not see it found, but I was in the wood at the time, and saw the skin and entrails in possession of Watling; May was there; Master's sheep were marked with a stroke of ochre right across the loins; they were all marked alike; this was a wether - I examined the skin at the watch-house, but not till I got there, I then found the ochre mark across the loins; I am quite sure it was the skin of my master's sheep - a sheep's head was produced at the watch-house; I saw it fitted to the skin; it appeared to correspond; it fitted quite as if I had taken the knife and done it myself; the end of the skin was cut with a knife, but not cut straight.

Cross-examined. Q. I think you said it was cut clean across with a knife? A. I said no such thing; it was not cut slanting, nor zig-zag; it was cut in and out - the wool was on it; where the knife parted it, there the wool was; none of the wool was off; there might be a little, but I did not observe any - this is the skin of my master's sheep; if I saw the skin a hundred miles off, I should swear it was my master's property, if I had seen it the day before; there is a

mark on the head which I told him to look for; there was no other mark on the skin except the mark across the loins; that mark is very frequently on sheep; many thousands of sheep are so marked; there is no brand-mark.

MR. BODKIN. Q. What is the mark on the head? A. On each side there are two faulty teeth, which I told the watchman to look for before I saw it.

SEBASTIAN GERRARD . I live on Highgate-common, in the parish of Hornsey; on the 14th of January I had six sheep grazing in my field; I have lost one of them; Winterborn is my shepherd.

GUILTY . Aged 22. - Transported for Life .

JOHN CHAMBERLAIN, THOMAS CHERRY.
20th February 1834
Reference Numbert18340220-44
VerdictsGuilty; Not Guilty
SentencesTransportation

Related Material

Before Mr. Justice Patteson.

362. JOHN CHAMBERLAIN, alias David Chambers , was indicted for stealing, on the 8th of January , at St. Pancras, 1 mare, value 20l., the goods of William Hickman , and others , and THOMAS CHERRY , for feloniously receiving the same, well knowing it to have been stolen , against the Statute, &c.

MR. BODKIN conducted the Prosecution.

KENRICK HICKMAN . I am a farmer , and live at Aldermarston farm in Berks , fifty miles from Hyde-park-corner; that farm at the time in question was in possession of myself and other persons; this horse was on the farm as part of the property there; Chamberlain was employed on that farm seven or eight years ago, or more; it is as much as that since I saw anything of him, until he was apprehended; on Tuesday, the 7th of January, this mare was on the farm; she is a black cart mare, rising three years old; she was missed about ten o'clock next morning; she was taken from the farm-yard, which was enclosed and shut in securely; in consequence of receiving a letter from London, I came up on the 14th, and went to a public-house in Great Portland-street; Ship and a policeman were with me; I there found Chamberlain; Ship asked him what he had done with the black mare which he had last week; he said he sold her at Smithfield market, the Friday before; he asked him to whom; he said he knew who he sold her to, but he did not mention the name; he asked him where he got her from; he said he bought her, and he knew who he bought her of, but did not mention the person; he was taken to the watch-house; he said there that he did not know who he bought her of, nor who he sold her to; I afterwards went to a timber-yard in Nutsford-place, and there found my mare; she was delivered to me by Hudson; I noticed a halter there, which I knew to be mine; I saw a collar afterwards in possession of Keys, the constable; I knew that to be mine; the mare was worth about 20l.

Cross-examined by MR. DOANE. Q. At what time on Tuesday evening did you last see the mare? A. Between four and five o'clock - I did not see the yard made fast - my brothers, William and Richard, are in joint possession of the farm with me - the mare belonged to us.

JOHN MASCAL . I live in the neighbourhood of Aldermarston, at Padworth, about a mile and a half from there - on Tuesday, the 7th of January, I was at the Butt public-house, in our parish, about a mile and a half from Hickman's farm, and saw Chamberlain there - I did not know him before - he came there in the morning, between eleven and twelve o'clock, I think, and he stayed there till a little before ten at night - he said he was going to see his mother-that his name was Chamberlain - I and he came out of the public-house together, about ten minutes before ten at night, and we parted directly - he went towards Aldermarston, and I went towards home - I am sure he is the man.

Cross-examined. Q. Had you ever seen him before? A. Never; we were together for several hours in the public-house - there were other persons there - he made no secret of his name.

MICHAEL PRADY . I am a carman, and live in Harford-place, Fitzroy-square - I have known Chamberlain between two and three years - I always knew him by the name of David, which is his Christian name - I never knew his surname - he rented a stable near to me last January - I saw him on the 8th of January, about seven o'clock in the evening- he had a black cart mare - I did not notice whether he was on the mare, or on foot - I saw him put her into his own stable; in about ten minutes afterwards, I was going up the place, and went into the stable, and asked if he had got an old soldier there - he said, "Yes" -

"- I found the mare there - I looked into her mouth and said, "She is not a very old soldier - she is not yet three years old," and said he had given her a rare bucking, he must have come a long way - he said he had come upwards of thirty miles that day- the mare looked very much distressed, as if it had come a long journey - there was a sack and collar there, and a cart bridle - next morning I lent him a broom to clean her with, and saw him in the stable cleaning her - on the Friday night, about half-past twelve o'clock, I heard a noise which induced me to get up - I looked out of the window, and saw Chamberlain and two other men with the mare under my place - they took it under the gas light, to look at her in front of my window - I paid no attention to what passed, but went to bed again - I saw Chamberlain on Saturday morning in the stable, Cherry and a man named Hawkins were with him - the tail of the mare was about an inch shorter than when I first saw her - she had been cleaned, and the tail was tied up with straw, as if going to be sold - Chamberlain and Cherry both said they were going to sell her - I saw them take her out of the stable - Cherry led her out into Harford-street, and then mounted and rode her away - Chamberlain was with him - I was examined before the Justice on the business, and was shown a mare in the stable of Emmet, a cow-keeper, on the 17th of January - it was the same mare as I had seen in possession of Chamberlain.

Cross-examined. Q. Had not you seen Chamberlain work the mare for two or three days? A. I saw her in a coke cart one morning - Chamberlain has been in the habit of hawking coke about the streets - I have seen him with several different horses - I saw the mare in the cart on the Friday morning, working in the streets - I only saw her that once.

FANNY FRANKS . I am the wife of Franks, a carpenter, of Oxford-market; he has a stable and yard in Nutsford-place, and works two horses in a saw-mill there - Cherry formerly lived with my husband as carman - on Saturday, the 11th of January, I went into the City, and returned home between twelve and one o'clock in the day, and found Cherry and Chamberlain in our stable-yard; they had got

a horse tied up in the yard; Cherry asked me if I wanted to buy it; it was a black mare; I afterwards saw the same mare before the Justice; I told Cherry I did not want it; that we were not very busy now - he said, "I understand you have sold one on the Thursday;" I said I did not want one now; he said it was a young one; and then Chamberlain came out, and began to whip the mare about, to show her off - I told him I did not think it would suit me at all, it looked in very bad condition - Cherry said it would suit very well, if I would buy it - they left without my coming to any bargain; I was not at the stable afterwards, but I believe the mare went away; Cherry came up to me in the evening, and told me that Chamberlain must sell the mare, for he had laid out all the money he had in change for this horse, which money he ought to have had to buy coke with; he had asked 14l. for it in the morning; he then said Chamberlain would take 8l. for it; he fetched Chamberlain to me, and Chamberlain brought up the horse, and asked then 11l. for it; I at last bought it for 8l.; I paid 5l., and the other was to be paid in a fortnight or three weeks, if the horse suited; Cherry told me the horse had been chopped away at Smithfield.

Cross-examined. Q. While Cherry was in your employ did he not bear a good character? A. Very good; he lived six years in a situation, after leaving us.

THOMAS HUDSON . I live in Nutsford-place; I manage Franks' saw-mills; on Saturday, the 11th of January, I took the black mare myself up a yard from Mr. Franks' door in Oxford-market to Nutsford-place; neither of the prisoners were at Nutsford-place, but I saw them both at Oxford-market; Mrs. Franks told me to take the mare to the stable after she had bought it; I asked them both how they came by the mare; Chamberlain said he chopped at Smithfield with it, and that he had lent Cherry 2l.; Cherry said he wanted 13l.; I said, if it was worth 13l., I would not offer to sell it to Mr. Franks under the value for anybody; Cherry said if he had sold the mare, they could buy a horse for 3l. which would answer the purpose to go about with coke quite as well; after this, Mr. Hickman came to me; I delivered up the same mare to Mr. Ship.

Cross-examined. Q. Was Hickman by at the time? A. Yes; he owned the mare.

THOMAS OVERINGTON . I am a police-constable; I went with Mr. Hickman to the public-house in great Portland-street. I was present at the conversation, and took Chamberlain; and, as I went with him to the station-house, I asked where he got the mare; he said he bought it at Smithfield; that he knew the man, but did not know where he lived; and, when we got to the station-house, he said he did not know who he had bought it of, nor who he had sold it to.

FRANCIS KEYS . I am an officer of Mary-le-bone office; on Wednesday, the 15th of January, I went to Middlesex-street, Somers-town; Cherry lives in a court which leads out of that street; Hudson was with me; I sent him to Cherry's house; he brought him out to me into the street; I crossed over, and said, "What is your name?" he said,"Cherry;" I said, "I want you concerning stealing a horse belonging to Mr. Hickman;" he said, "Very well, I will go with you;" I said, "You are now in custody, and reserve what you have to say till you get before the magistrate" - we went in a coach, and on going up the court at the back of the police office, he said, "I had nothing to do with stealing the horse, I only went to sell it," and, I think, he said to his aunt, but I am not certain - I had seen Cherry before, and knew Chamberlain before, by the name of David Chambers , and Welsh Davey - I afterwards went to the stable, in Harford-place, and found a cart with the name of Chamberlain on it; and in that stable, I found this collar and a sack; and I have a bridle which Ship gave me.

MR. HICKMAN. That is my bridle; I know the collar also; the sack belongs to one of my men; the bridle and collar were on my farm, and were missed at the same time as the mare; I have a mark on them - Chamberlain worked on the farm, some years ago; he went by the name of James Chamberlain - he is a native of our parish.

Chamberlain's Defence. I bought the mare at Southall, and paid 7l. 10s. for it.

CHAMBERLAIN - GUILTY . Aged 28. - Transported for Life .

CHERRY - NOT GUILTY .

ANN COURTNEY.
20th February 1834
Reference Numbert18340220-45
VerdictGuilty
SentenceTransportation

Related Material

Before Mr. Baron Gurney.

363. ANN COURTNEY was indicted for stealing, on the 2nd of February , at St. George, 2 watches, value 5l.; 9 silver spoons, value 3l.; 1 pair of silver sugar-tongs, value 10s.; 2 silver ladles, value 15s.; 1 scarf, value 2l.; 1 shawl, value 15s.; and 1 shift, value 2s., the goods of Catherine Williamson , in her dwelling house .

MR. BODKIN conducted the Prosecution.

CATHERINE WILLIAMSON. I am a widow , and live at No. 26, High-street, Wapping, in the parish of St. George - the prisoner lodged in my house for four months, and left exactly a fortnight before Christmas - on the evening of the 2nd of February, the articles stated in the indictment were all safe in my bed-room where I slept - the drawer was locked - I heard a noise in the night exactly at one o'clock - the watchman was calling the hour - I heard something like a rustling and an unusual noise at the drawer - it was a noise in my room - I imagined it was the cat - I started up in bed, and coughed; and heard the rustling of a silk dress- and the moment I coughed the person ran down stairs, opened, my street-door, which was fastened with two locks (a spring-lock and a latch); and not one person in twenty could open it who did not know the state of it - I got up immediately, and struck a light - examined the drawers, and saw everything ransacked out of my drawers - the things stated in the indictment were gone - I found a key in the lock of the drawer the property was kept in - that key did not belong to the drawer - it opened the drawer - I had seen that key before in the possession of the prisoner when she lived in my house - she was taken into custody and discharged.

Cross-examined by MR. DOANE. Q. Is the property yours? A. Part of it - I have to make good one of the watches - I am a widow - the prisoner first lived with me four months before Christmas - that was the first time - her trunks were in the house in August - she went to service after a little but she only came now and then, and slept a night, at first she was out of a situation - after going to service she came again.

JOHN PEARCE. I am shopman to Mr. Austin, pawnbroker, High-street, Shadwell - on the morning of the 3d of February I received a scarf and shawl in pledge from the prisoner - I lent her ten shillings on them, in the name of Margaret Collins.

Cross-examined. Q. Are you sure she was he person? A. Yes.

HUGH HENRY CAMPION . I am shopman to Mr. Austin - I produce a watch, a pair of sugar-tongs, a pair of toddy-ladles, and a salt-spoon, which I took in pledge from the prisoner, I believe, on the 3d of February, in the afternoon, in the name of Ann Tucker - Mr. Austin has two shops - it is not the shop Pearce lives at.

MRS. WILLIAMSON. These things belong to me, and the shawl and scarf - they were all in the same drawer, and missed that night - the things all together are worth about £10 - I had not seen the prisoner in the house that night.

Q. When you went to bed was your house secure? - A. It was - it was not broken into at all - I distinctly heard the door opened - I had gone out on a message next door, for a minute, about ten o'clock, and left the door unguarded for a moment - I was not out of the house two minutes - I left the door open until I returned; and when I went to bed the house was quite secure - my daughter fastened it.

CATHERINE WILLIAMSON . I am the prosecutrix's daughter - on the night of the robbery I fastened the house up - I fastened the front door, and every thing as usual, about half-past eleven o'clock - the front door had a springlock, and a latch underneath.

Prisoner's Defence. I lodged with the woman for two months - I never entered her door since Christmas-day.

GUILTY . Aged 22. - Transported for Life .

THOMAS PICKETT, JAMES SMITH.
20th February 1834
Reference Numbert18340220-46
VerdictGuilty; Guilty
SentenceImprisonment; Transportation

Related Material

Before Mr. Justice Park.

364. THOMAS PICKETT and JAMES SMITH were indicted for feloniously breaking and entering the dwelling-house of James Carter and another, on the 4th of February , at St. Leonard, Shoreditch, and stealing therein 1 shawl, value 12s., their goods .

JAMES ROSE. I live at No. 184, Hoxton Old Town - I am servant to Mr. Perrian, a coal-dealer - I was going out with some coal up the town, on a Tuesday, and saw the two prisoners looking into the coffee-shop window by the side of Mr. Carter's - then I saw Smith cut the putty of Mr. Carter's window - Pickett was standing by the side of him - Smith cut the putty - I did not see what he did it with - I was across the road opposite - I heard the glass crack - they pushed in the glass; and Smith took out a shawl, and put it under Pickett's apron - they then walked away quite fast down Bacchus'-walk - I put down my coals off my back, and went over to Mr. Carter's, and told what I had seen - Carter went after the prisoners with me- we met them running down Bacchus'-walk - they went into a house, the door of which was open - they were secured - I did not see the shawl found.

JOSEPH CARTER . I live at Hoxton, in the parish of St. Leonard, Shoreditch - I am a linen-draper , in partnership with my brother James - I have no other partner - we live in the same house - the rent is paid jointly - the shop communicates internally with the dwelling-house - on Tuesday, the 4th of February, I heard a sort of crack in the window - I was at the back of the shop - the witness came in - I went out with him down Bacchus's-walk, and found Smith behind the door, in a house there; and the other boy came running through from the back of the house directly afterwards - I afterwards saw the shawl - my window was broken - it was a small pane, but quite large enough to take a shawl through - the shawl was close to the opening - I asked them where the shawl was - they said they knew nothing at all about it - this was between eleven and twelve o'clock - I had seen the shawl safe at eleven o'clock - the hole was four or five inches square, large enough for a hand to go through - the putty had been recently put in.

Prisoner Pickett. The window was broken before. Witness. I had had it mended about a week before - it was not broken afterwards.

FRANCIS COOK . I live in John-street, Bacchus'-walk - my side door which enters into my yard was open, on the morning in question, and a girl about seven years old, who was playing with my children, brought me a shawl - I saw her pick it up, about two yards from my side door in my yard - I did not see either of the prisoners about there - I afterwards gave the shawl to a constable - this was about half-past eleven o'clock on Tuesday morning.

CHARLES CONSTABLE , (Headborough.) On Tuesday, the 4th of February, between eleven and twelve o'clock, I went to the prosecutor's shop, after the prisoners were brought back - after securing them in the watch-house, I went in the direction they had run - I went to Mrs. Cook, who gave me the shawl which I produce.

JOSEPH CARTER. I know this shawl is mine - I can swear to it - I had seen it that morning.(Richard Forster, jeweller, 6, Weymouth-terrace, Hackney-road, and Lydia Ford, gave the prisoner Pickett a good character.)

PICKETT - GUILTY . Aged 12.

SMITH - GUILTY . Aged 13.

Confined One Month and Transported for Life .

WILLIAM TWEED.
20th February 1834
Reference Numbert18340220-47
VerdictNot Guilty

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Before Mr. Justice Patteson.

365. WILLIAM TWEED was indicted for feloniously breaking and entering the dwelling-house of James Kay , on the 3rd of February , at St. Matthew, Bethnal-green, and stealing therein 1 pair of shoes, value 5s.; his property .

JAMES KAY. I am a shoemaker , and live in No. 2, Abbey-street, Bethnal-green - on Monday, the 3rd of February, about one o'clock, the prisoner came to my shop, and asked for a pair of boots - I showed him a pair - he said they would not do - he offered two shillings and sixpence for them - I could not sell them for that - I asked three shillings for them - he went away and came again at seven o'clock, and offered me two shillings and sixpence for a pair of shoes, which I had shown him on the Saturday previous, but they were lost on the Tuesday - I told him they were lost - he said I might search him - I had left them safe in my place at a quarter before seven o'clock that Tuesday night, when I went out, for I saw them - I then locked my door, and nailed the window down, by driving two nails between the joists of it - there was no shutter to

the window, it was glass - the shoes were about six inches from the window - the prisoner saw me go out, for he was bargaining about the boots, but I had occasion to go to Bethnal-green-road, and I left him outside the house - he came about six o'clock, and offered half-a-crown for the boots - he stayed about ten minutes - I went out directly after him- I followed him out and fastened the place up - I saw him safe out, but I came back again - I went out at six o'clock, and he came to me again at a quarter before seven o'clock- he saw to me go out at six o'clock, and then I locked the door - I came back in a quarter of an hour, and found the window forced open - the nails were wrenched out, but the window had been put down again - it was not broken - the door was fast - I went in and missed the pair of shoes, and about a quarter to seven the prisoner came and offered me half-a-crown for the shoes - I said I could not sell them, for I had lost them, somebody had stolen them - I have seen them since in possession of Gifford, the policeman - I have a mark on them, down on the right shoe - I am quite certain those shoes were safe in my window when I locked up the shop.

Cross-examined by MR. PHILLIPS. Q. Gifford showed you the shoes, did he? A. Yes; I have known Gifford about a month - he had called in at the same time as the prisoner - he called in as he went by, to know what business the prisoner had there - I told him he was about buying a pair of shoes - the policeman did not stay there - we all went out of the shop together.

Q. Did not the policeman desire the prisoner to come back with two shillings and ten-pence, and he should have them? A. He said that certainly - that was merely a joke - I told the prisoner I could not take less than three shillings - I should have had very little profit on them - the policeman said he should have them if he brought two shillings and ten-pence - nobody searched the prisoner that night - he was searched on Thursday, the 6th - I did not think he had them.

SAMUEL PLUM . I am a journeyman to James Kay ; I was in his shop on the Saturday when the prisoner came for a pair of shoes; he tried on this pair; I had soled and heeled them, and put a patch on the right shoe, and darned it up, by which I know them; Gifford afterwards had the same shoes; I was there on Monday at ten o'clock, when the prisoner called for a pair of boots; Kay said he had none to fit him; he then looked at a pair of shoes, and said he thought he should buy the pair he had seen before; we asked him to leave a trifle on them; he said no, he would call another time; I went out about six o'clock in the evening, leaving Kay there; the prisoner had not come back then; the shoes then hung on a nail, within five or six inches of the window; I came back about nine, and they were gone; I met the prisoner on Wednesday, between three and four o'clock, in Bethnal-green-road; he saw me and ran away, and then I stopped for about five minutes till he came out of the gateway where he had gone in; on coming out he saw me and immediately covered his apron over the shoes which he had on his feet, and pretended to be stooping to trundle a hoop; I could distinguish the shoes to be the same, for he passed close to me; I went away and saw him again on Thursday morning, going for a loaf for his master; he had a pair of old slippers on then; I saw the policeman about ten o'clock that night, and gave him information; I went with him to the prisoner's master's house, 28, Searle-street, the same day; I found the shoes there which I have been speaking of; the prisoner was there at the time, and had the shoes in his hand; I saw him give them to the policeman, who put them behind his coat, and asked me for a description of them, which I gave him.

Cross-examined. Q. Did you talk to him when you saw him walking in the street? A. No, he walked pretty quick by me; I had soled and heeled the shoes, and welted them. I know them by my work, and the nails, and the welting, and the patch inside, the heels and soles, and nails.

JAMES GIFFORD . I am a policeman - I was not in Kay's shop on the Saturday evening - I was passing by and stopped at the door - the prisoner was inside the shop - they were agreeing for a pair of boots - I asked Kay if he had a small pair of boots for a boy of mine - he said he had not- Kay asked the prisoner three shillings for the boots - he offered him two shillings and sixpence - I walked away, and heard no more of it till Thursday, the 6th of February, when I went to No. 28, Searle-street, in consequence of information - I saw the prisoner there, and asked him for the boots which he had bought of Kay - he said he had bought no boots of him, but he had bought a pair of shoes - I came back to Plum, who went back with me - the prisoner was still there - I asked him for the shoes, he handed them to me - I put them behind my back, and asked Plum if he had mended the shoes - he said he had - I asked if he had no particular mark on them besides mending them - he said there was a crack inside of the right shoe - he described them, and I took the prisoner into custody - I asked him where he bought the shoes - he said he bought them in Bethnal-green-road, of a man in a fustian jacket, and he did not know who.

Cross-examined. Q. Had you known Kay long? A. For two or three months - I said he might give him two shillings for the boots - I heard the prisoner say he would bring two shillings and sixpence - I did not desire him to bring two shillings and tenpence - I merely said in a joke, two shillings and sixpence - he had offered two shillings and sixpence, but did not show the money - he said, "I will bring them back in half an hour with the money" - I believe I came out of the shop before Kay and the boy - I was in the road - the prisoner came out - Kay, I believe, was the last that came out - we came out one by one - I told the prisoner if he gave the two shillings and sixpence he could have them - I said nothing about two shillings and tenpence I am sure, to the best of my recollection - I am not in the habit of going to Kay's shop often - I was away from the shop about ten minutes after seeing him with the shoes - he handed me the same shoes, but I mistook the word shoes for boots, and I asked him for boots - and he thought they were boots I wanted.

JAMES KAY . I know these shoes - they are what I have spoken of - I am quite sure by the nails in the toes and heels.

SAMUEL PLUM. I know them - I put a patch inside the right shoe - and have nailed them inside the toe and put sparables in the heels.

Prisoner. I bought the shoes.

NOT GUILTY .

THOMAS FORSTER.
20th February 1834
Reference Numbert18340220-48
VerdictGuilty
SentenceImprisonment

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Before Mr. Baron Gurney.

366. THOMAS FORSTER was indicted for feloniously killing and slaying John Farrell .

WILLIAM GRIFFIN . I am a policeman - On Wednesday morning, the 5th of February, I was in Bow-road about half-past five o'clock - I was about three or four hundred yards on the London side of Bow-church - the road there is fifty feet wide from curb to curb - it was a dark morning, but still clear - there was no moon - you might observe a carriage moving at the distance of eighty or one hundred yards, but not to observe distinctly who was driving - there were a good many carriages, cabs, and hackney-coaches, coming towards London - there had been a concert at Laytonstone - I observed two cabs, one drawn by a grey horse, and the other by a dark coloured, or brown, or black - I was on the off-side of the way, that is the north, and was walking towards London - these cabs were coming towards London - there was a waggon and two carts in the road coming the same way - when the cabs passed by me, the waggons were eighty yards before me - the cab, with the dark horse, passed the off-side of the waggon - the right hand side, which was the proper side - the cab, with the grey horse, passed on the near side of the waggon - the cabs were going as fast as the horses could go - I should suppose at the rate of from ten to fourteen miles an hour; and appeared to be racing one against the other; but they came so suddenly on me, I cannot say which was first - there is on each side of the Bow-road eight feet of pavement from the curb-stone - the waggon was within about one foot of the paved way, about nine feet from the curb - there would be between thirty and forty feet between the waggon and my side of the road - I cannot say where the driver of the cab, with the grey horse, was sitting; for, when he passed by me, he was about fifty or sixty feet from me - the waggon and carts were going very slow, coming at their usual pace - before I got to the waggon, I heard a cry of "police," and heard a man groaning, and found the man lying on the paved part, which is eight feet from the curb - he might be about the middle of the paved part - he was in the track which the cab, with a grey horse, had gone - I found him lying on the ground - he said, "Oh, my belly;" he had a lanthorn with him - I used to see him every morning with a lanthorn in his hand a-light, on the road - I did not see the lanthorn, but I have seen him regularly every morning with it - he works at a cow place, and lived near Bow - I followed the cab half a mile, and could not catch it - the driver did not stop, they drove on at a furious rate - I sent the man on Bow-bridge to go after them - the poor man was taken to his own house, not far off - I afterwards saw him in his own house, after I returned from pursuing the cab - he was taken to the hospital, I understand - I never saw him there - I do not know his name - I had not seen him that morning before this happened.

Q. Was there anything you saw which could make it proper for the cab to go on that side of the waggon? A. Nothing at all; the two carts were a-head of the waggon - there was nothing between that waggon and me, but the other cab - it was highly improper for the cab to go on that side of the waggon - that is the side on which the driver always walks.

Cross-examined by MR. PHILLIPS. Q. Was it so light that you could distinguish the features of persons? A. I could not - I did not take notice enough of the cabs to see whether persons were inside them - I consider the cabs were not abreast - the cab with the grey horse was before, but I cannot say how much - I should think ten or twelve yards; quite as much as that - I cannot be mistaken - they were going at a galloping rate - the pace they went at was about ten or fourteen miles an hour; but I am no horse jockey.

WILLIAM HENRY ROGERS. I am beadle of the London hospital - I did not know Farrell - I took him into the hospital, when he was brought there about half-past eight in the morning of Wednesday, the 5th of February - he died in three days - he appeared to have been very much hurt - he said he was very bad, and put his hand to his breast.

EDWARD JONES . I am a house pupil at the London Hospital - I was called to the man about half-past eleven or twelve o'clock, and found him with a fracture of the ribs on both sides, he had difficulty of breathing, and complained very much of his chest; and he had an effusion of air under the skin, which indicated that one of the ribs had perforated the lungs to cause the effusion of air - he died on Saturday, the 9th of February - I examined the body after death, and found six ribs on each side fractured; and an immense collection of blood on the chest, and on the lungs as well; where air ought to have been there was blood; that injury was quite sufficient to account for his death; any thing going over him would produce such injury; the wheel of a cab going over him would account for it.

Cross-examined. Q. Would you not rather conclude something very heavy must have gone over him? A. Yes; heavy, certainly; I will not say very heavy, it depends so much on the circumstances; some ribs break sooner than others - he told me he was sixty-nine years old - a waggonwheel might have done it.

COURT. Q. Might a cab-wheel have done it? A. Yes; I rather think a waggon-wheel would produce a much greater effect than I found - an injury of that kind depends very much on the position of the body at the time it is done.

HENRY SHAW . I am house pupil in the hospital - I have heard the evidence of the last witness, and agree with him.

JOHN POULTON . I am a waggoner - on the morning in question I was driving a waggon to London; there was one cart before me; I was going at my usual walking-pace; and on this side of Bow church I was passed by two cabs, one with a grey horse, and the other a dark one; the one with a grey horse came on the inner side of my waggon, between me and the pathway; it was going the same way as I was, and coming as hard as a horse could gallop; if I had not got behind my waggon, I should have been run over; if I had been walking close to my horse in the usual way, it must have knocked me down, and ran over me; I was close to the stones; there was just room enough for the horse; I never drive on the stones, but keep as close to them as I can - there was plenty of room on the other side for three or four cabs to have gone by - when they passed me, the cabs were as near each other as could be, one on one side, and one on the other - I could not tell what colour the other cab-horse was - it was driving at the

same pace - after the cab passed me there was a lad before me, and he dropped behind his cart; and my horse shyed, and I cried, whoey; and by my crying, whoey, his horse and mine both stopped - and then I heard a man call out,"The Lord have mercy on me! what shall I do?" I went to him, and found him wallowing in the slough, by the side of the curb in the paved part, and in the track the cab had gone - he was hurt very much, and I called a policeman - I found a lanthorn by him which was beat all to pieces - it appeared to have been crushed by something going over it - I do not know who the man was - I assisted in picking him up - I called my master, who was in the waggon - the man was picked up, and I went on with my waggon, as soon as the policeman came - I saw no more of the cabs - they went on - the man was very close to the curb when I went to him - he had crawled a little way.

Q. Was there space for any person to be safe who was walking between your waggon and the curb? A. No: the cab must have run over me, if I had not got out of the way - it was not proper for any cab to go on that side - it was driving on the wrong side - when I found the man on the ground, my waggon had not reached him.

Cross-examined. Q. We are told it was rather dark; could you say that no carts had gone on? A. I do not know what there was before me - for what I know, some carts might have gone on - I cannot say the man was not on the ground before the cab passed - I asked him whether the cab had run over him, and he said, "Yes."

PHILIP PENNY . I was accompanying a van that morning; I was immediately before Poulton's waggon, going in the same track; I was close to the stones, by the side of the road; I was coming towards London; I heard a cab rattling on the stones close to me, and I had to fly behind my van, or it would have gone over me; I ran behind my van, and caught hold of the hind ladder; I was almost down; the cab-horse was galloping very fast; if I had not got behind my van I should have been run over; the cab had a grey horse in it; after the cab had passed me, I saw something fall in the road, which I at first thought fell from the cab, but immediately I heard a man groan; I stopped my horse immediately; my van had not got within a rod of him; I found the deceased in the road, near the side, on the spot where I saw something fall, as near as could be; the man said he was hurt very much; he took on a good deal, and said a cab had run over him; I asked him if it was a cab with a grey horse in it; he said "Yes;" he was taken away, and I went on.

Cross-examined. Q. Was your van or Poulton's first? A. Mine was; I was just a-head of his horse, not a rod before him; there was one cart behind, and there might be one or two before; it was dull, but I could see by the light of the lamps; there were carts or something going before us; I had not seen the poor man before he was run over; it appeared to me that something fell from the cab; I cannot say who was the driver of the cab, nor whether persons were in the cab.

COURT. Q. You thought something fell from the cab? - A. Yes, it appeared like it; I thought my life in danger.

THOMAS DAULBEY . I am a policeman; I have known the deceased a long time; his name was John Farrell; I saw him in the hospital after he was dead; I attended the inquisition.

Cross-examined. Q. Who showed him to you at the hospital? - A. The door was open; it was public for all the Jury to see him; I went in at the time the Jury did; he always went by the name of John Farrell; he used to come along the road regularly every morning with a lanthorn, which I found on the right side of him; I took him home myself.

THOMAS WEBB . I am a proprietor of a cabriolet - I drive it myself - on this morning I was at Laytonstone - there was a concert there, and a ball; and eight or nine carriages of different descriptions were coming to London - there was a cab with a grey horse there - I never saw the driver before - I could not swear to him - the prisoner is very much like the person - I was in the same public-house with the man who drove the grey horse for some time - I talked with him a little - there was a great impediment in his speech, like a defect in the roof of his mouth - my cab and his were the only two I saw there - I followed him with my cab - we were together at the gate, the first gate from Layton - after I passed Bow Church the grey horse was before me the whole way - I picked up a hat in some part of the road - I cannot say whether it was on this side Bow Church or the other - I did not see where it fell from - I was stopped by a policeman in the road - he told me a hat had fallen - I went back and picked it up - I then followed on the road - I got up to the other cab about Whitechapel Church - I called out to the driver, but do not know whether he heard me.

Q. When you set out from Laytonstone, was the driver driving, or one of the gentlemen? - A. One of the gentlemen was on the driving-seat - there were four gentlemen came out of the house to get into the cabs - two got into my cab, and I suppose the other two into the other - mine was a very dark small mare.

Cross-examined. Q. Yours was the only other cab there? A. The only one I saw - I was driving at the rate of about eight or nine miles an hour, I should consider - I do not think it possible that my horse could go at the rate of ten or fourteen miles an hour - Stratford-gate is the first gate from Laytonstone - I overtook the cab at that gate, at least I was close behind it - I saw a gentleman on the driving seat there - I kept behind the cab with the grey horse all the way, after leaving the gate; when I first started, I was a considerable distance behind it, as it got on while we were stopping to pay - I never again got up to it, until I got to Whitechapel church - I could see fifty or sixty yards before me, I should think.

Q. Did the cab with the grey horse stop during the passage from Stratford-gate to Whitechapel-church? A. Not that I saw - the gentleman continued on the driving-seat from Stratford-gate - I saw no more of it until near Whitechapel-church; and then the gentleman was not on the driver's seat - that is about four miles from Stratfordgate - I heard nothing of the accident until the day before the inquest - I was not racing with the grey horse cab - it is quite incorrect - I never saw the man before in my life- I remember meeting and passing several carts and waggons on the road - the gentlemen I drove were sober; I have not seen them here to-day; they were at the inquest;

but, whether examined, I do not know; I think one was named Betram, he lived at 29, Broad-street; I am sure one of them was at the inquest.

COURT. Q. Were you trotting? A. No; my mare goes at a canter; she will not trot; I cannot call it galloping, a sort of canter; I passed several waggons.

Q. Did you see the grey horse go on one side of the waggon, when you went on the other? A. I never was near enough; I did not see it go inside a waggon that was going the same way as me.

JOSEPH BAYNE . I am a merchant's clerk; I was at the ball, at Laytonstone, with my brother; we went in a cab which had a grey horse; we came home in the same cab; my brother took the reins; I believe the prisoner to be the driver; but he was so muffled up that I could not distinguish him; I hired him in Stamford-street, Blackfriars; when we came away, I got inside the cab, my brother got in the driver's seat, and the driver sat inside with me; my brother drove from Laytonstone; I had an impression at the time that the driver was rather tipsy; my brother drove to Bow-church, and, after that, the cab-driver drove; to the best of my belief, he took the reins of his own accord; he drove from within; he did not change his seat; my brother still kept the driver's place; the driver had a very peculiar voice indeed, as if he had lost the palate of his mouth; I saw the prisoner at the inquest, and believe him to be the man, but he was so covered with a cloak, and a handkerchief round his face; I heard him speak at the inquest, and should say distinctly he is the same man; it was not a cold morning; we had been dancing; I had a cloak round me; I do not remember passing a waggon coming in the same way as myself; I was labouring under a severe cold at the time, and had a cloak round me, and a handkerchief round my face; I was muffled up a good deal; as we came along, I felt a shock as if we went over something; I should say the horse went faster when the man took the reins, than it did when my brother had them; the horse took fright, I should think at the shock; after we had gone a distance of fifty or sixty yards, or perhaps more, the man stopped the horse; he did not go back to see what was the matter - I learnt from my brother that he had been nearly thrown off his seat, and he had lost his hat; we did not go back and pick it up; I then told my brother he had better get inside, and he did.

Cross-examined. Q. I suppose it was necessary to stop for him to get inside? A. That was at the time we stopped, forty or fifty yards after the jolt - the cab stopped probably a minute or a minute and a half - the other cab did not overtake us - I should say at the time of the jolt we were very near the right hand side of the road, going to town - that would be the off side - we were near the middle of the road - we had not passed a great many carts and waggons in the road, we passed some - I did not hear a soul call after us, after the jolt - at the time of the jolt the horse was not galloping - I observed the horse.

Q. Did it appear a horse capable of going at a very quick pace? A. Quite the contrary - we were two hours and a quarter going from our own house to the place, which was a proof how it could go - the driver did not appear to urge the horse to unbecoming speed on the road - we were quite sober - the horse did not appear to me to be perfectly sound in his paces - I should say he was lame of the off fore leg - I wished to stop and pick up my brother's hat - he replied, that our friends in the cab behind had picked it up - I knew the gentlemen in the cab behind - at the time the jolt took place in the road I saw no waggon near us - it is six miles from Laytonstone to Whitechapel Church, which we were about an hour and a quarter going.

COURT. Q. Did not you see any waggon near you, when the jolt was - were you looking out? A. I was admiring the lamps - that would be on the side away from the waggon - the lamps were on the off side - the lamps are only on the off side - I believe they are not on both sides.

WILLIAM GRIFFIN . The lamps are on the off side coming to London.

COURT to JOSEPH BAYNE . Q. Will you say the horse was trotting? A. No; I should say it was not trotting, from its lameness.

FREDERICK JOHN BAYNE . I am a managing clerk in a solicitor's office - I was with my brother at the ball - I drove the first part of the way to London, and just at Bowchurch the reins were taken out of my hand by the driver of the cab , who was the prisoner - after he took the reins we came faster than before - some considerable distance on this side of Bow-church, I felt a jolt, and lost my hat and my left shoe (pump) - I saw no man with a lanthorn in our way - I had a rough coat on, buttoned up - we passed waggons and carts - we did not come on the left side of any waggon, coming the same way as ourselves, that I saw - we passed one waggon, but which way it was going I cannot say - that was a very short time before I felt the jolt - we went about fifty yards after the jolt before we stopped - I then informed my brother I had lost my hat - he wished me to go back - I said I saw the cab of my friends behind turn round and pick it up, and I did not go back, but tied a handkerchief round my head - I told the man the horse was going fast enough - he whipped it once or twice - I do not suppose the horse could trot, it seemed to be lame - it did not trot - I should call it a kind of hand gallop - by the gait and motion of the horse it seemed lame- I did not hear the least calling out after us in the road - I was quite sober - I did not observe the cab racing with any other cab - Laytonstone is within six miles of Whitechapel-church - we were not quite an hour and a half going that distance, but very near it - that is conscientiously the best opinion I can form on the subject - I judge from the time I got home - I left Laytonstone just about a quarter after four o'clock, and got home about six o'clock - I live in Stamford-street, Blackfriars, which is about a mile from Whitechapel-church.

COURT. Q. Do you call that only a mile from Whitechapel? A. The post-office is considered six miles from Laytonstone, and it is a mile from my house to the post-office; I speak according to the Directory; I stopped the cab to get into my seat out of the driver's seat - there was no alarm given at any time to the cabman that an accident had happened - I had my hearing perfectly correct, and could hear the better from having lost my hat.

Prisoner's Defence (written). After the evidence which has been given against me by the witnesses who have been examined, I must still feel, that although suspicion may

attach to me for having been the cause of this accident, I am still certain that the horse and cab which I drove on the night in question, did not commit the offence; but you, my Lords and gentlemen of the jury, are most capable of judging of the degree of credit due to the statements of the witnesses, and will be best enabled to consider whether or not my plea of "Not Guilty" has not been justified even by the evidence for the prosecution.( John Eldred , coach-maker; Eliza Mitchelson, widow; John White, coal and potatoe-dealer, 86, Milton-street; Henry Eldridge, hackney-coach proprietor; and Frederick Mitchell, printer, St. Pancras; gave the prisoner a good character.)

GUILTY . Aged 32. - Confined One Year .

ANN DEVELING, SARAH SMITH.
20th February 1834
Reference Numbert18340220-49
VerdictGuilty > theft under 100s; Not Guilty
SentenceTransportation

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Before Mr. Justice Park.

367. ANN DEVELING and SARAH SMITH were indicted for stealing, on the 7th of February , at St. Giles'-in-the-Fields, 18 spoons, value £7. 10s.; 3 sauce ladles, value £1. 15s.; 1 fish slice, value £1. 14s.; 1 wine strainer, value 14s.; 1 pair of sugar tongs, value 7s.; the goods of Thomas Jarvis , the master of the said Ann Develing, in his dwelling-house .

MR. GURNEY conducted the Prosecution.

THOMAS JARVIS. I am an attorney , and live in Gower-street, in the parish of St. Giles - the prisoner Develing has been in my service about ten months; and she was in my father's service five or six years ago - on Monday, the 3d of February, in consequence of suspicions, and her having been drunk the whole day, I was induced to make inquiry, and on the 7th, I spoke to her respecting some bills she had to pay for me - I wished her to lay a statement of the accounts before me, telling her, I believed her conduct was incorrect - she almost immediately stated that she had lost £6 of my money; and on my saying I thought it almost next to impossible she could do so, she stated, that as she supposed she should have to go to prison, she might as well acknowledge at once to having robbed me of my plate which was in her care - she kept it under lock and key - I then examined the box where the plate was kept, and found wrapped up in paper, about fifteen pawnbrokers' duplicates - I had seen Smith on my premises more than once, and objected to Develing inviting her.

WILLIAM JAMES . I am clerk to Mr. Jarvis, and was in his house from ten o'clock in the morning until eight o'clock in the evening almost every day - I have seen Smith there frequently in the kitchen with Develing - the office is on the ground-floor.

THOMAS ANDREWS . I am in the service of Mr. Boyce, a pawnbroker - I produce nine spoons, one fish slice, one sugar ladle, two sauce ladles, and a wine strainer, which were pawned by the prisoner Smith, between the 10th of August and the 30th of October, at different times - £2. 14s. is the highest amount advanced at one time; that was on the fish slice and two table spoons; she pawned them in the name of Jones, and said she was a lodging-house-keeper - the letter J is on the spoons.

WILLIAM RAMSAY . I am in the service of Mr. Lowther - I have nine spoons and a pair of sugar tongs, pawned at different times, from the 7th of August to the 14th of December - the highest amount lent is five shilling - they were pawned by Smith, in the name of Ann Jones.(Property produced and sworn to.)

JAMES BAKER . I am a policeman - I apprehended Smith at a house in Russel-street, where she was visiting the servants - I told her a person wanted to see her outside, and when she came out, I told her a gentleman named Jarvis wanted to speak to her - she asked me several times what he wanted with her - I told her he charged her with being concerned with his servant in robbing him - she said she had not - in taking her from the station-house, she said, "I do not think they can do much to me; I did pawn the plate, but I gave all the money to Ann Develing.

WILLIAM WILSON . I am a policeman - I have the tickets which I received from Mr. Jarvis - I apprehended Develing - I asked her what became of her master's plate - she said she had given it to a person named Smith - I then asked if those were the tickets the plate was pawned for - she said they were.

Develing's Defence. I never gave that man any tickets - I gave them to my master, and I gave the plate to my master - I have nothing to say for myself - I have behaved very wrong indeed.

Smith's Defence (written)."I was employed by the prisoner, Ann Develing, to pawn this plate for her - I gave her the money and tickets at the same time - Ann Develing said when her money would be due that she would redeem the plate."

DEVELING - GUILTY. Aged 50. - of stealing under the value of £5 . - Transported for Fourteen Years .

SMITH - NOT GUILTY .

MICHAEL TIERNEY, MATTHEW CREAMER, PATRICK NOWLAND, GEORGE ADAMS.
20th February 1834
Reference Numbert18340220-50
VerdictGuilty; Guilty; Guilty; Guilty
SentenceTransportation

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First London Jury, before Mr. Recorder.

368. MICHAEL TIERNEY , MATTHEW CREAMER , PATRICK NOWLAND , and GEORGE ADAMS , were indicted for feloniously assaulting George Procter , on the 12th of February , at St. Giles's Without Cripplegate , with a felonious intent to rob him, and his goods and monies from his person and against his will violently and feloniously to steal , against the Statute, &c.

Messrs. BULLOCK and GURNEY conducted the Prosecution.

GEORGE PROCTER. I am a tobacconist, and live at No. 101, Fleet-street - on the morning of Wednesday, the 12th of February, I was walking along Chiswell-street - I was proceeding from my brother's - on getting opposite Whitecross-street, on the left hand side of the way - as near as I can recollect, it was a quarter after one - I had left my brothers as the clock struck one - three of my brothers and a friend were with me - we were all walking singly - one of my brothers was not quite a yard in advance of me, and my other two brothers and a friend eight or ten yards behind me - one of them was stopping to tie his garters or drawers which had come down - before I got opposite Whitecross-street I observed a man on the right hand side of the way, standing apparently at the edge of the curb - I heard a voice in a sort of audible whisper say, "At the second," and immediately the man darted across the road in the direction that I was standing - supposing that he was going to push against me, I merely put my elbows up - but he struck me on the breast, kicked me on the shin, and threw me on my back in an instant - when I arose there were two strange

persons there, as well as one of my brothers, who had come up - while I was on the ground I heard a whistle - I observed nothing when I heard the voice, except the one man - as soon as I arose I got on my feet, and went on in the direction I was going, following my brother, who was in advance crying, "Watch," and "Police," and the police were on the spot instantly - the whistle brought part of the same party down from the end of Whitecross-street - I should say there were seven or eight of them came on the whistle being given - I got out of the way as quick as possible, and was not engaged in the affray with the watchman - I lost no property - my two brothers were knocked down.

Cross-examined by MR. PHILLIPS. Q. You have stated all you heard? - A. Yes; after the words, "At the second," the man knocked me down, and then there was a whistle; and several persons assembled from the upper end of Whitecross-street - I believe nobody was in the street except the five composing our party, and the party who assaulted us - only one man assaulted me - I called "Watch" and "Police" - that brought watchmen and policemen round me - I do not think the noise I made caused persons to assemble about me - I will not swear it did or did not call some casual spectators - I am sure I was knocked down - no attempt was made at my pockets; nor any words used that I heard indicating an intention to rob me - I had spent the evening at my brother's, in Bishopsgate-street - it is a tobacconist's, the same trade as myself - six brothers and one stranger formed the party - I went there about nine o'clock, and stayed till past one - I had supped certainly and drank - Mr. Hodge was the other person - I supped at eleven o'clock, after the shop was closed, which was at eleven o'clock - it struck one o'clock as we left - I had taken a glass of gin and water - I think I had half a glass afterwards - I had a glass of porter at supper - I will swear I had not two glasses of gin and water after supper - the second glass was not filled; I had a glass, or glass and half, or two glasses of porter at supper - I cannot tell - I had no other liquor - I went out of the crowd as soon as I got on my legs, and saw nothing more till the prisoners were in custody - being perfectly sober, I was competent to recognise persons - I saw nothing of the prisoners till they were in the custody of the watchmen; tha