Old Bailey Proceedings.
26th November 1838
Reference Number: t18381126

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Old Bailey Proceedings front matter.
26th November 1838
Reference Numberf18381126

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Taken in Short-hand,










On the Queen's Commission of the Peace,



The City of London,





Held on Monday, November 26, 1838, and following Days.

Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; Sir James Allan Park, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Matthias Prime Lucas, Esq., William Thompson, Esq., Sir John Key, Bart., Sir Peter Laurie, Knt., Charles Farebrother, Esq., and Sir John Cowan, Bart., Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; James. Harmer, Esq., John Pirie, Esq., John Lainson, Esq., and Michael Gibbs, Esq., Aldermen of the said City; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of New-gate, holden for the said City, and Judges of the Central Criminal Court.


First Jury.

Thomas Wells Plaxton

John Smith

John Munro

John Blower

Henry Clement

William Josiah Allen

Thomas Bompos

Charles Dean

John Noakes

Henry Mason

William Robinson

William Birch

Second Jury.

James Child

William Constance

William Colne

John M'Caul

Francis Henry Langton

William Gilpin

William Croft

Thomas Cole

Richard Culverwell

Thomas Evan

James Barnard

William Berby

Third Jury.

Thomas Cooper

George Deekes

Jacob Brown

Joseph Craddock

Thomas Denny

Richard Davis

William Marston

Joseph James Furness

James Baylis

John Burn

Philip Breakes

Richard Appleyard

Fourth Jury.

John Buckley

Henry Hadland

George Grant

Samuel Hopwood

Timothy Stephens

Benjamin John Boucher

Samuel Thomas Belton

George Barber

William Craig

Robert Clark

John Bailey

John Clarke

Fifth Jury.

John Compton

George Cooper

James Collard

James Cooper

Richard Clements

Nathaniel Coombs

Thomas Ventom

William Demmett

Joseph Russell

Joseph Cross

John Dingle

Samuel Collins

Sixth Jury.

John Marlett Boddy

John Day

William Brown

Henry Casweller

John Conden

George Francis

James Criswick

Joseph Bennett

Alfred Kent

James Danger

Thomas Hopkins

Alexander Harrison



A star (*) denotes that a prisoner has been previously in custody—An obelisk (†), that a prisoner is known to be the associate of bad characters.


OLD COURT.—Monday, November 26th, 1838.

First Jury, before Mr. Recorder.

26th November 1838
Reference Numbert18381126-1
VerdictNot Guilty > unknown

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1. JOSEPH FRANTZEN was indicted for stealing, on the 3rd of September, 2 chimney glasses, value 20s., the goods of Peter Bordenay, and fixed to a dewelling-house belonging to him.

MR. ADOLPHUS conducted the Prosecution.

JAMES AYLING . I live in St. George's-place, Knightsbridge, and am an agent and upholsterer. I was in possession of Park-cottage, King's-road, Chelsea, as agent—the house is the property of Mr. Peter Bordenay—I was employed by him to let it—there were two chimney-glasses fixed to the walls by nails, and the paint painted up to them—I have seen the prisoner in the cottage—these chimney-glasses were there then—I let him the house.

COURT. Q. Was there any written agreement? A. There was, I believe; it is in the hands of Mr. Bordenay's attorney—I did not know the prisoner till I let him the house—I have seen the house since the chimney-glasses Were taken away—I have not seen the glasses since.

Cross-examined by MR. BALLANTINE. Q. Was he let into the house under the agreement? A. Certainly.

JANE RANDAL . I am the wife of Anthony Randal. I worked for the prisoner, as charwoman, at Park-cottage—I remember the two chimney-glasses there—I remember one going away—Mr. Edderly took it away, tied up in a sheet—the prisoner helped to take it down.

JAMES AYLING re-examined. There were two parts of the agreement—the prisoner had one, I believe, from Mr. Bordenay—I did not see it delivered to him—this is the paper which was drawn up—(producing one)—my clerk is the subscribing witness—he is not here—it is not stamped.


26th November 1838
Reference Numbert18381126-2
VerdictGuilty > unknown

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2. CHARLES STEWART, alias Hugh Warning , was indicted for stealing, on the 25th of October, 10 shirts, value 1l. 10s.; 4 pairs of drawers, value 16s.; and 2 pairs of stockings, value 4s., the goods of William Wade Blake.

MR. BALLANTINE conducted the Prosecution,

WILLIAM WADE BLAKE . I am an apprentice on board the Whitby Barque, which lies in the London Docks—the prisoner was one of the crew, from Calcutta to London—he left the vessel, in the West India Dock basin, about five weeks before we arrived in the London Docks—I remained on board, and the day after he left I missed these things from my chest—I have seen some of them since, and know them—some are marked "W. W. B.," and some, "W. Blake"—I had seen them safe about a week before he left—I did not give any of them to him.

Cross-examined by MR. PHILLIPS. Q. Were not you in the habit of bartering your things for grog? A. No—I never did such a thing—about a month after the prisoner left the vessel, I made the charge against him—his shipmates have not all sailed away, only two or three of them are gone—I saw the prisoner afterwards, but I did not know who had robbed me—William Parsons, my fellow-apprentice, gave me information-a man named Thomas John gave me information subsequent to that.

MR. BALLANTINE. Q. Did you give information of your loss to any one? A. I told every body on board—I did not tell the captain—I saw the prisoner several times, but did not then know he had taken the property.

CHARLES HENRY FALCONER . I am a Thames police-surveyor. In consequence of information I went on board a ship, in the West India Docks, with Parsons, and found the prisoner—I had some conversation with him about a watch, and after cautioning him how he should answer, I said, "You are also charged with stealing several articles of wearing apparel, do you know anything of them?"—he said, "I do not, except a shirt, which was lent to me"—I said, "Where do you live?"—he said, "I have no lodgings—I slept at a public-house last night"—I knew where he lodged, and took him to his lodging, in Penny-fields, Poplar—there were two chests in the room—I asked him which was his—he pointed to it—I found eight shirts, marked, two pairs of drawers, and a variety of things—I took out one shirt—he said, "That was lent me"—I took out another—he said, "That was lent me"—as I proceeded to take things out, he was very much affected, and called for a glass of water—some things were marked "W. W. B.," and others "W. Blake."

MR. PHILLIPS to WILLIAM WADE BLAKE. Q. Do you know John Alexander? A. Yes; and John Hutchinson, and Richard Grant—I did offer them articles, but not for grog—I offered one shirt to Alexander to wash for me, and one to Grant, for mending for me—I did not offer anything to Hutchinson at all—I did not claim a coat from the prisoner—I swear that I never sold the prisoner a coat, my fellow-apprentice did.

SARAH DOBBINS . I live in Robert-street, Limehouse. The prisoner came to lodge with me—he turned out his chest of dirty linen, and told me to wash them—he showed me some things with marks on them, and told me to pick them out, and put his own name in, but I did not do so—I afterwards gave him notice to quit—he packed up, and went away.

Cross-examined. Q. How long did he live in the house after that? A. Three weeks—there was a messmate of his living there named Joe, for about a week.

MR. BALLANTINE. Q. Was his chest brought to your house before Joe came? A. Yes—it was before I ever saw the young man.

(Property produced and sworn to.)

(The prisoner received a good character.)

GUILTY . Aged 23.—Recommended to mercy.

26th November 1838
Reference Numbert18381126-3
VerdictGuilty > unknown

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3. CHARLES STEWART was again indicted for stealing, on the 23rd of September, 1 watch, value 2l., of William Foster William.

WILLIAM FOSTER PARSONS. I am an apprentice on board the Whitby, and was so on the voyage from Calcutta—I went on shore at Portsmouth, and left my silver watch in my chest—the glass and the long hand were broken.

THOMAS JOHN . I am a seaman on board the Whit by. I know the prosecutor's watch—it was silver, and had the hand and glass broken—I remember the prosecutor going on shore at Portsmouth—I afterwards saw his watch in the prisoner's hand in the Commercial-road—I asked him to let me look at it—he said, "No, there is nothing more to be seen in my watch than in any other"—one night he and I went together to the theatre, and he left the watch with a girl for 8s.

COURT. Q. How do you know the watch was the same you had seen on board the vessel? A. I knew it by the face directly I saw it, that made me ask him to let me look at it—I am sure it was the same.

Cross-examined. Q. Did he sell the watch for 8s.? A. I did not see him sell it—he left it with the girl for being with her—I cannot recollect the date—I never knew it would come to this—I cannot tell how long it was after I left the ship—I remember his coming and asking me how I dared say that he had stolen the watch—I did not say I knew nothing about it and retract the charge—I said there were so many people in the shop I did not like to say—I said, "I know who has got the watch"—I do not think that I said, "I know nothing at all about it"—I will swear I did not—Maria Newman was with him at the time—I denied it to her, because I did not like to say, as there were so many people in the room—I did not deny that I had said that he had stolen it—I am sure of that, nor anything to that effect—I said, "I know who has got the watch"—that was all I said—I was lodging at Mrs. Dobbins's—I did not go there from the ship—it was a week after I came home—about a week after I left the ship, I saw the prisoner part with the watch to the girl—I lived about seven weeks with Mrs. Dobbins—the prisoner did not give me a good beating for saying that he stole the watch—it was not on that case—we had words together in the Noah's Ark, and he up with his fist and gave me a knock on the nose—I have no animosity towards him.

SARAH DOBBINS . The prisoner lodged with me—I saw him in possession of a silver watch—he hung it up in my kitchen on the Sunday night, the night he first came to my house—the glass was broken and one hand also.

Cross-examined. Q. Was John living in the house at the time? A. No, he came on the Thursday night following, and has lived with me ever since—the prisoner lived with me till that day three weeks—he only hung the watch up in the kitchen—the next day he took it away.

CHARLES HENRT FALCONER . I took the prisoner into custody, and said, "You are charged with stealing a watch, do you know anything about it?"—he said, "I do not, except a watch I had of my father a long time since"—after he was committed for trial, I said in his hearing, speaking to John, "You must go with me and point out the girl he gave the watch to"—the prisoner smiled and said, "Oh, you will not find it there, I have had it from there."

Cross-examined. Q. Were you examined before the Magistrates? A. Yes, and you will find that in my deposition.


MARY ANN NEWMAN . I know the prisoner. I remember his taking me to the Ship Tavern, at Limehouse—I saw John there—the prisoner taxed him, in my presence, with having charged him with stealing a watch—John said, he knew nothing at all about it, and he said he had done it—I mean that he had made the charge—the prisoner told him about the watch, and he said he did not know the apprentice had lost a watch—John said he had done it—he was addressing us—he said, "I have done it"—I have known the prisoner about eighteen months—I knew him before he went the voyage in the ship John went in—he had a silver watch.

MR. BALLANTINE. Q. Where do you live? A. No. 28, Narrow-street, Limehouse, with my mother. I went to the Ship Tavern, in Limehouse, with the prisoner one evening, about a fortnight before he was taken—he lodged at that time with Mrs. Dobbins—I know he had a watch at that time—I have seen him with a watch—there was a glass on it, and it had both hands on it—I did not see any watch in his possession with no hands on it—I did not see any watch in his possession with no glass, and only one hand—the prisoner called John, and he came out to me, and said to him, "You have been telling Mr. Newman's family I have stole a watch"—John said, "I know nothing about the watch"—about ten minutes after that he said, "I have done it."—I do not know what it applied to—it was in answer to his having made the charge—I do not know what became of the watch—I saw it last about a month before it was taken.

FRANCIS NEWMAN . I am father of the last witness, and am in the employ of Sir Charles Price, at Mill wall. I have been his foreman fourteen years—John made a communication to me respecting the prisoner twice—I went to the prisoner in consequence of that, and afterwards Went to the Noah's Ark, and saw John—the prisoner was there—the prisoner accused John of accusing him of the watch, and John said he had done it now, and could not recall his words, but he did not recollect any thing at all about the watch—he told me he had told the apprentice that same evening before he saw me, and he would be taken up before Saturday, for stealing the watch—the prisoner and John had some words, and they went to fighting—that was after that—I think the prisoner was taken up on the following Wednesday.

MR. BALLANTINE. Q. He did not deny having made a charge?—A. He did deny it to me at the Noah's Ark—I challenged him about the watch, and he said he did not know any thing about the watch—he did not deny it to me, but said he knew nothing about it—he said he had told me and the apprentice, and he could not recall his words—I never. saw the prisoner with a silver watch before he went the voyage—I saw him afterwards every evening, and never saw a silver watch.

GUILTY . Aged 23.— Confined Three Months.

26th November 1838
Reference Numbert18381126-4
VerdictGuilty > unknown

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4. ABRAHAM BURROWS was indicted for stealing, on the 24th of October, 1 coat, value 2s. 6d., the goods of Henry Barber, and that he had been previously convicted of felony.

HENRY BARBER . I live in Cole's-buildings, Back-church-lane, and drive a cab. At half-past four o'clock on the afternoon of the 24th of October,

I put down a fare at the Woolpack, Kingsland-road—the gentleman wanted change for a sovereign—he asked me to step into the house—I saw the prisoner coming by, and asked him to mind my cab while I went, and he did so—I said I would give him a penny—I was in the house ten minutes—I went out twice to see if my cab was safe, and directly I came out the second time, the prisoner came to me, and said, "I cannot stop longer, I have got to go on an errand"—I said "Very well-come and bring me the whip, and I will give you the penny," which I did—I got change for sixpence, and gave him the penny—I followed him out about three minutes afterwards, and met a young man who asked me if I had lost any thing—I looked, and my great-coat, which I had left on the cab, was gone—the witness said, "Look down Thomas-street, and you will see him"—I looked, but I could not see him—I pursued him, and then saw another person had the coat—I do not know that the prisoner was following the man who had the coat—I saw him running down in the same direction with the other man who had the coat, and another person—the prisoner saw me, and then then all parted, and ran in different parts of the street.

JABEZ TURNBULL . I am a carpenter, and live in Westmoreland-street, Hackney-road—on the afternoon of the 24th of October, I saw the prisoner standing at the corner of the Woolpack, handing the coat round to another person—there were three of them—it was a kind of surtout, or great-coat—it was similar to this one—the other two ran down Thomas-street—the cab was not two yards from the public-house—I looked into the public-house for the driver, and met him coming out—he went in pursuit of them, and I minded the cab.

Prisoner. First he said I had got the coat behind me. Witness. Yes, he handed it round him in a suspicious manner, or else I should not have taken notice of it.

Prisoner. I did not run till I heard the cry of "Stop thief," and then I saw a man running with it.

JAMES CLARK (Police-sergeant N 15.) I was on duty in the Hackney-road on the 24th of October—I saw the prisoner running very fast up the turning—he was given into custody.

HENRY BARBER re-examined. This is my coat—it was given me down a turning in Thomas-street—it had been thrown into a rope-ground, in the direction in which the prisoner and the other persons ran.

WILLIAM HENRY WOLLEN (police-constable G 230.) I produce the certificate of the prisoner's former conviction, which I got from the clerk of the peace, at Clerkenwell—I was present at the trial—the prisoner is the person—(read.)

GUILTY . Aged 17.— Transported for Seven Years.

26th November 1838
Reference Numbert18381126-5
VerdictGuilty > unknown

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5. HENRY GOYMER was indicted for embezzlement.

MR. CHAMBERS conducted the Prosecution.

NORAH BATTEN . I am a widow. My husband died on the 26th of October, 1837—he carried on the business of a cheesemonger, in Ship-tavern-passage, Leadenhall-market, till his death—I have continued it since—the prisoner was in his employ, previous to his death, for nearly four years, I think, and he continued in my employ after my husband died—he bought and sold nearly all the goods—I dated some tickets, threaded

them, and hung them on nails, in different parts of the shop, for convenience—the shopmen were to take these tickets down, and put on them the article sold, the weight, and the price received, and then they were taken the last thing at night, or the first in the morning, and compared with the till money, to see that it was right—on the 27th of October, I gave Mr. Osborne 5l. in half-sovereigns, half-crowns, two shillings, and one sixpence, but I do not know what number of half-crowns—I did not see him mark it—on the Saturday following I saw him come into my shop—after he made his purchase I went round to the tills, I looked into the first, and there were not any half-crowns in it, I opened the second till, and saw four half-crowns—I knew they were four of those that I had given to Mr. Osborne, because they were of one coinage—I put these four half-crowns into my pocket, which was empty—I then went to the prisoner—he was behind the counter making out the ticket—he was writing when he was called away to serve another customer—when he went away he left the ticket on the counter, which he had begun to make out—I looked at it, and read it for 11 shillings—I shortly afterwards took it up, and delivered it to the officer, and it was the weight, not the price—it was 11 ¾ lb.—I delivered the same to the officer.

Cross-examined by MR. RYLAND. Q. Were there a good many customers? A. No, none but my friend—I had gone to a neighbour opposite to purchase a rabbit—I had not a full view of the shop, but I believe there was no other person—there were no other shopmen—it was an arrangement while the others were gone to dinner—that was part of the scheme—I did not see Mr. Osborne mark the money—I did not see it till I saw it in the till—I know they are the same, because I selected the coinage with the shield on one side—it is the die least in circulation—these are them—(producing them)—I sealed them up at the time—they were opened at the Mansion-house, and I sealed them again—the prisoner had lived in my service about four years—about two with my husband—my husband had a character with him, because he would not take a servant without.

MR. CHAMBERS. Q. Had you looked into the till shortly before? A. I had not left the counter the whole day, and where a half-crown was paid I removed them, knowing of this, and I had removed them not a minute before this took place.

THOMAS OSBORNE . I am an engraver, and live in Lombard-street. Mr. Renardson received 5l. in silver—I saw him mark several—I took 1l., in seven half-crowns, two shillings, and one sixpence—I went to the shop and purchased a ham of the prisoner—he asked Is. a lb. for it—it was weighed, and when it was weighed he gave me a bill of parcels—I agreed to give him 11d. a lb.—it weighed 15 1/4 bs., at 11d. making 14s.—I paid him five half-crowns, one shilling, and one sixpence—the five half-crowns were the marked ones—I had no others in my pocket—these are four of the half-crowns—I did not see what the prisoner did with the money.

DANIEL FORRESTER . I am a City officer. I was in attendance near Mrs. Batten's, and was taken in—I called the prisoner to the back-parlour, and told him he was suspected of embezzling money from Mrs. Batten's—she came in—I asked her what charge she preferred against him—she said "Stealing a half-crown"—he said he had a half-crown, and said he had received a half-sovereign in the middle of the week at Mrs. Batten's,

and changed it at Bow, and this was one of the half-crowns he had received—I took possession of it—this is it—(producing it)—Mrs. Batten delivered me this ticket—(read)—"One ham, 11 ¾ bs."

JOHN RENARDSON . I marked some half-crowns—this one that the officer has produced I gave to Osborne—these four I marked, and gave him also.

THOMAS OSBORNE re-examined. This other half-crown, that the officer found, is the one I paid for the ham.

MR. RYLAND. Q. Had you marked them so as to know them again? A. Yes, before I paid them to the prisoner.

(The prisoner received an excellent character.)

GUILTY . Aged 49.—Recommended to mercy by the Jury.— Confined Three Months.

OLD COURT.—Tuesday, November 27th, 1838.

Second Jury, before Mr. Recorder.

26th November 1838
Reference Numbert18381126-6
VerdictGuilty > pleaded guilty

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6. JOSEPH DAVIES was indicted for embezzlement; to which he pleaded

GUILTY. Aged 40.— Confined Three Months.

26th November 1838
Reference Numbert18381126-7
VerdictGuilty > pleaded guilty

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7. WILLIAM DENORD was indicted for stealing, on the 26th of October, 1 coat, value 21.; 1 shawl, value 4s.; and 1 pair of gloves, value 6d.; the goods of Francis Arkinstall; to which he pleaded

GUILTY . Aged 20.— Confined Six Months.

26th November 1838
Reference Numbert18381126-8
VerdictGuilty > unknown

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8. JOHN SMITH was indicted for stealing, on the 27th of October, 1 handkerchief, value 3s., the goods of John Howell, from his person.

MR. JOHN HOWELL . I am a malt factor, and live in Queenside. On the afternoon of the 27th of October I was in Thames-street, opposite Laurence Pountney-lane—I felt something at my pocket—I turned round, and missed my pocket-handkerchief—I saw the prisoner close to me on my right hand—I charged him with taking it, and took hold of him instantly—I found his hand in his right-hand jacket pocket, and found my hand-kerchief in his pocket, with his hand on it—I gave him in charge—this is my handkerchief—(looking at it.)

RICHARD CROUCHER . On the 27th of October the prosecutor gave the prisoner into my custody—I asked how he came to take the handkerchief—he said he was going to Billingsgate to meet his sister—that this was the first time, and that a boy had given it to him.

Prisoner's Defence. I was going down to my sister's at Billingsgate-a boy picked the gentleman's pocket, and chucked the handkerchief down—I took it up.

MR. HOWBLL re-examined. There was a boy who came up and said this was not the boy who took my handkerchief, but that it was another boy, who had run up Laurence Pountney-lane—but that was to take my attention from the prisoner.

GUILTY . Aged 14.— Confined Three Months.

26th November 1838
Reference Numbert18381126-9
VerdictNot Guilty > unknown

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9. MARY ANN WILLIAMS was indicted for burglariously breaking and entering the dwelling-house of William Reynolds, on the 13th of November, with intent to steal, and stealing therein, 1 coat, value 2l.; 1 pair of trowsers, value 15s.; and 1 waistcoat, value 5s.; the goods of John Crohnheim.

JOHN CROHNHEIM . I live at Mr. Reynolds's, Sun-square, Bishops-gate, and rent the back-parlour. On the morning of the 13th of October I locked the door and went out, and took the key with me—on returning, I found the things in confusion, my door broken open, and the window also—I missed a coat, waistcoat, and a pair of trowsers, which hung on a nail when I went out.

SOPHIA REYNOLDS . I live with my father, William Reynolds, in Sunsquare, Bishopsgate, Mr. Crohnheim occupies the back part of the house. On the 13th of November I came home, about a quarter past four o'clock—I heard a noise in the back-parlour—I looked through the key-hole, and then went into the yard—I found the window open, and saw the prisoner coming from the bed with some clothes in her hand, to the window—she said, "Where is Tom?"—I said, "You wretch, you are a. thief"—she said, "Mercy, mercy, I will give you any thing to let me go"—I shut the window down—she broke the glass, put her hand through, tore my bonnet, and scratched my face—when she found she could not get the window open, she broke the panel of the door, and put her head and shoulders through—we had a great struggle in the passage—I hallooed out for assistance, and the neighbours came and detained her—she said she would leave her shawl if I would let her go—when I first saw her she dropped some things by the window—I found all the things strewed about—the coat, waistcoat, and trowsers were on the floor by the window.

Prisoner. I told her I had only come into the water-closet—she opened the window herself and looked round the room—she struck me, and in striking her again my hands went through the glass—I was never in the room. Witness. She was in the room—there was no water-closet there.

JAMES HALL . I am a policeman. I was sent for to the house—I found the prisoner in the passage struggling with the witness—she said, "If you will let me go I will pay the damage done"—the back-parlour window was broken from within, as the glass laid in the yard—the prisoner's hand was bleeding very much—the room door appeared to be broken from within—these clothes were on the floor, and the room in confusion—the water-closet is quite distinct from the room.

JOHN CROHNHEIM re-examined. These clothes belong to a little boy who sleeps with me—he has no parents in England—he brought his clothes from abroad—they were what he wore on Sundays.


26th November 1838
Reference Numbert18381126-10
VerdictGuilty > unknown; Guilty > unknown

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10. GEORGE CANNON and HENRY JOHNSON were indicted for stealing, on the 13th of November, 11 lbs. weight of bacon, the goods of John Gwyther.

BENJAMIN KIDMAN . I live in Upper Thames-street. On the 13th of November, about seven or half-past seven o'clock in the evening, I saw both the prisoners lurking about the prosecutor's shop, which is at the corner of Bush-lane, and directly opposite me—I saw Johnson go into the shop and take a piece of bacon out of the window—Cannon was holding the door open while he went in—when he came out they were going up the street together with it when I stopped them.

ELIZABETH GWYTHER . I am the wife of John Gwyther, and live at the comer of Bush-lane. I lost this bacon from our shop.

CANNON*— GUILTY . Aged 15.


Transported for Seven Years to the Prison Ship.

26th November 1838
Reference Numbert18381126-10a
VerdictGuilty > unknown

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10. RICHARD TIFF was indicted for stealing, on the 17th of November, 90 yards of flannel, value 3l. 15s., the goods of William Kipling.

SAMUEL TASSELL . I am in the employ of William Kipling, a hosier, in Cheapside. On the 17th of November I saw the prisoner enter the shop, take a piece of flannel, which was a yard and a half wide, from inside the shop, and run out—I ran after him and caught him—the watchman stopped him and I took the flannel from him.

JAMES CUTBBEET . I am an officer of Bread-street Ward. I received the flannel, and took charge of the prisoner.

The prisoner pleaded poverty.

(Property produced and sworn to.)

GUILTY .* Aged 24.— Transported for Seven Years.

(The prisoner had only been discharged from custody two days previous to committing this offence.)

26th November 1838
Reference Numbert18381126-11
VerdictGuilty > unknown

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11. HENRY MATTHEWS was indicted for stealing, on the 19th of November, 1 cask, value 4d., and 72 lbs. of butter, value 32l. 3s., the goods of Joseph Grieves and another.

MARY ANN STREET . I am the wife of James Street, and live in Maidenhead-court, Moor-lane. On the afternoon, of the 19th of November, I saw the prisoner in Moor-lane with a tub of butter—he put it down and sat on it for two or three minutes, and took his handkerchief and wiped his face-a carman came up and asked if I had seen any one with a tub of butter—I pointed to the prisoner-directly he saw the carman he ran away down the lane—I am sure he is the man—he appeared fatigued with carrying it.

Cross-examined by MR. PAYNE. Q. What time was this? A. Half-past five o'clock or twenty minutes to six—it was just between the lights, but there were plenty of gas lamps—I was only three or four steps from him-any body near me could see him go away when I pointed him out—I saw him again, not more than five minutes after, when the policeman brought him back—I do not think it could have been ten minutes—I was going for some candles, at the corner of Moor-lane—I looked at him for three or four minutes—it was not raining at the time—it was dirty—I had no suspicion at all—I thought he was very fatigued and looked at him—I was not three or four steps from him when I met the carman—I had been standing about in the middle of the road looking at him—I go out charing to the different halls and to the London Tavern.

WILLIAM WHITMILL . I am in the employ of Joseph and James Grieves, of New-street, Covent Garden. I was unloading a cart at Harrison's, in Fore-street, about half-past five o'clock—I saw somebody walking backwards and forwards with an umbrella—he kept looking at me, which roused my suspicion—I was taking in a side of bacon, and as I hung it on the scale the person peeped through the window—I asked the shopman to look after my cask of butter—he ran out and said it was gone—I immediately

ran out—the prisoner was not the one who looked through the window—I ran down Moor-lane, and asked Mrs. Street if she had met anybody with a cask—she said, "Yes, that man who is wiping his face, has just pitched one down"—I ran across and he was gone—I took the cask up and brought it back, but the man was gone away—I never saw the prisoner till the officer brought him afterwards.

Cross-examined. Q. You saw nobody sitting on the cask? A. No, or wiping his face—I did not see him till he was brought to me—the shop I was at, is at the corner of Milton-street, a very short distance from Moor-lane.

JOHN WADE (City police-constable No. 24.) I apprehended the prisoner on the 19th of November, at the end of Tenter-street, Little Moor-fields. When I brought him back, Mrs. Street was on the other side of the way, and before I said any thing to her, she nodded to me and said, "That is the man"—I said, "Will you have the kindness to come along with me to Mr. Harrison's, to see if the carman knows anything of him"—she followed and there identified him again, and finally at the watch-house—he was a very short distance from Mr. Harrison's when I took him, quite in the neighbourhood—he was going along with his hands in his pocket—I took him from Mrs. Street's description.

Cross-examined. Q. Did she describe his fustian jacket? A. No, it was green velveteen-not the same he has on now—it was in consequence of seeing him in a velveteen jacket that I went up and spoke to him—I asked if he had been in Fore-street—he said, "No"—I asked if he knew any thing of the cask of butter—he said "No"—I asked him where he came from—he said he had left the person down New Union-street, and if I would come along with him he would show me—but instead of going down New Union-street, he turned down Tenter-street—he then turned to the right, which is White-street—I asked him where he was going—he said, "I will show you the place directly"—he went on to the National Schools, where there is a turning which leads into the county—I knew if he got there I should have a good deal of trouble with him, and I would not go any farther, but brought him back, first of all to Mr. Harrison's shop, and then to the watch-house—he denied having anything to do with the butter—it was about eight or nine minutes from my seeing Mrs. Street to my taking the prisoner.

(Property produced and sworn to.)

GUILTY .* Aged 25.— Transported for Seven Years.

NEW COURT.—Tuesday, Nov. 27, 1838.

Fifth Jury before Mr. Common Sergeant.

26th November 1838
Reference Numbert18381126-12
VerdictGuilty > pleaded guilty

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12. THOMAS CARROLL was indicted for embezzlement, to which he pleaded

GUILTY . Aged 17.— Confined Six Months.

26th November 1838
Reference Numbert18381126-13
VerdictNot Guilty > unknown

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13. JAMES SPACEY was indicted for stealing, on the 8th of November, 1 cask, value 5s.; 1 hamper, value 2s.; 36 bottles, value 12s.; and 6 gallons of stout, value 1l., the goods of William Seymour.

WILLIAM MICKLEBORO BARGERBUR . I am in the employ of Mr. William Seymour, of Lime-street On the 8th of November, I left a cask and some

hampers while I went down stairs to fasten up, about half-past six o'clock in the evening, I came up in three minutes after, and one cask, and one hamper, and thirty-six bottles of stout were gone—I have never seen the hamper since—the bottles and stout are not traced—this it the cask—(looking at it)—it is a quarter-cask—it contained port wine.

Cross-examined by MR. CLARKSON. Q. Was it not in the house? A. No—it was in front of the counting-house, on the top of an empty butt—the counting-house is up a court-yard—I saw it when I went down to lock up, and I saw it the next morning, at half-past nine o'clock, at a cooper's house, seven, or eight, or ten minutes' walk from my place—I have seen the prisoner in company with another person—I have known the cooper twelve or fourteen years—there has been a grape cut out of the cask, and an "A" over it, and one hoop was loose—the "A" and grape is a private mark we know them by—it is sometimes a "W" and a grape, or a diamond and a grape—I had sold this cooper things three years ago for Mr. Seymour—there was not a grape on any of those I sold him—they were dry casks, this was a wet cask-dry casks are what we have case wine in, one cask within another—this is worth about 5s.

JOHN NEWBERUY . This cask was brought by the prisoner to my employer, who is a cooper, on the 8th of November, about seven in the evening—he offered it for sale—I told him he might leave it till my employer, came home.

Cross-examined. Q. What is the name of your master? A. Mr. Voller—I did not agree to purchase it—he asked 6s.—I told him be could leave it till the morning—he said he wanted the money—he took it on his shoulder and walked away a few yards, then came back and said he would leave it—I did not know him before.

WILLIAM VOLLER . This cask was left at my house, and on the morning of the 9th I saw it—I heard that the prisoner had applied about ten o'clock for the money—I did not see him then—he came again at one, and wanted 6s. for it.

Cross-examined. Q. Did he tell you he had purchased it for half-a-crown, of a man near the White Bear, in King William-street? A. He did.


26th November 1838
Reference Numbert18381126-14
VerdictGuilty > unknown

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14. JOHN TATUM was indicted for stealing, on the 8th of November, 1 shift, value 5s.; 3 yards of linen cloth, value 6s.; and 1 unmade shirt, value 8s.; the goods of Emma Andrews, from her person.

EMMA ANDREWS . I am single, and live in Carlisle-place, Marsh-gate, Lambeth. At half-past eight o'clock, on the evening of the 8th of November, I was in Bridge-street, Blackfriars, and had a parcel on my arm containing the articles stated, and the prisoner took it over my left shoulder—I am sure he is the man—I followed and did not lose sight of him—he was stopped in my presence, with my parcel on him.

Prisoner. She was a quarter of an hour, or twenty minutes after I was taken, before she came up.

THOMAS MEDHURST . I am a watchman of Farringdon Within. About half-past eight o'clock that evening, I heard a cry, and saw the prisoner in custody of a gentleman, with this property—the lady was close to him, and said, "That is the man that took it"—I took the parcel, and the prisoner—he tried very much to get away from the person who had got him.

Prisoner. I know nothing of it—I did not have the parcel at all.

GUILTY .* Aged 31.— Transported for Ten Years.

26th November 1838
Reference Numbert18381126-15
VerdictGuilty > unknown

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15. JOHN THOMPSON was indicted for stealing, on the 9th of November, 45 yards of woollen cloth, value 15l., the goods of Thomas Hurley.

CHARLOTTE LIDYEAR . I am in the service of Mr. Myers, of Hounds-ditch—he lives next door to Mr. Hurley. On the 9th of November, I was down in the kitchen, at half-past six o'clock in the evening, and saw something rolled along the window—I looked up and saw two men undoing a bale of goods—the prisoner was one of them—I had a distinct view of him—I had occasion to be sent out, and I saw the prisoner take a bundle out of the bale—I went to Mr. Hurley's and gave information immediately—I believe some property was gone—I saw the prisoner again at the Mansion-house, and knew him to be the man.

Cross-examined by MR. PHILLIPS. Q. Do you mean to swear that you immediately knew him? A. Yes; I said I knew him by his make, and by his having a frock-coat on, and I saw his face, as he was taking the bundle from the bale—I believe I told that to the Lord Mayor-what I said was read over, and I signed it—I remember about the frock-coat, and the make, being read out to me—I had never seen him before—it was dark.

COURT. Q. Had you an opportunity of seeing his face distinctly? A. Yes, as he raised the bundle from the bale.

ALFRED BROTHERTON . I live with Thomas Hurley, next door to Mr. Myers. Lidyear came'to me, about half-past six o'clock, and I saw the bale was cut open, and one piece taken out—I met Mr. Evans, and made inquiries of him—I went after the prisoner—he was standing resting himself—I saw him run away—I followed, and he was taken, but nothing was found on him—he was near enough to hear what I said to Evans—I said, "Did you see a man running with a piece of cloth?"—he said, "Yes, that is the man"—this is my master's cloth—(looking at it.)

Cross-examined. Q. Where was it found? A. In Church-passage, that was near to where the prisoner was standing—I suppose he was two or three yards from me when Mr. Evans spoke—I have no doubt he heard what he said—I saw no cloth with the prisoner, it was on the ground.

REV. GEORGE EVANS . I was in Houndsditch, at half-past six o'clock that evening. I saw a man carrying a bale of cloth across the road, before him—I followed him—I pointed out that man to Mr. Brotherton—I should not know the man, but he threw down the cloth, and I pointed him out.

Cross-examined. Q. Did you see any other man? A. Yes, a number of people, but not in connexion with him—I pointed out the man who carried it, to the witness.

GUILTY . Aged 28.*— Confined One Year.

26th November 1838
Reference Numbert18381126-16
VerdictGuilty > unknown

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16. WILLIAM SMITH was indicted for stealing, on the 20th of November, 1 cloak, value 15s., the goods of Thomas Dawmer.

THOMAS DAWMER . I live in Cripplegate. On the 20th of November my cloak was stolen from inside my door, in the lobby—this is it—(looking at it)

CHARLES HARRISON . I am in the prosecutor's employ, and live in Beech-street. We had a cloak at the door-two men took it—I followed them, and saw the prisoner with it—I called, "Stop thief"—I followed, and he threw it away—this is it—I am sure he is the man.

Prisoner. Q. Did you see me throw it away? A. No; I saw another, man give it him, and I saw him carry it—the prisoner ran round the corner, and I followed him—I saw him stopped by a man.

RICHARD HARRISON . I live in Wood-street, Old-street-road. I was going along Beech-street—I heard the cry, "Stop thief"—I saw the prisoner, with a cloak on his arm—he threw it down, and ran—I pursued him—he put his foot between my legs, and threw me into the mud—I have been ill ever since.

Prisoner. I never saw the cloak till it was brought to the watch-house. Witness. I saw you throw it down, and you threw me down—when I got up again I followed you, and saw you in the hands of an officer.

GUILTY . Aged 22.— Confined One Year.

26th November 1838
Reference Numbert18381126-17
VerdictNot Guilty > unknown

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17. JOHN NEAL was indicted for stealing, on the 26th of October, I jar, value 6d.; 7 quarts of pickles, value 5s.; 1 brush, value 1s.; 3 sticks of sealing-wax, value 3d.; 6 oz. weight of stone-blue, value 6d.; and 1 wine-glass, value 6d.; the goods of George Batty and another, his masters.

GEORGE BATTY. I am an oilman. The prisoner has lived with me and my partner eight or nine months-as we lost these things, we fad his lodgings searched—the jar, and mixed pickle, and cabbage are mine—the rest I cannot identify.

Cross-examined by MR. PHILLIPS. Q. You had a good opinion of him? A. Yes—the cabbage had evidently been in vinegar but a very few hours—it had only been cut up on the afternoon on which these goods were discovered—I should not know that cabbage if I saw it elsewhere, but the mixed pickle I can tell from the preparation and the cutting of it—it is in a bladder—I have no mark on the bladder-a bladder was placed in the warehouse for the purpose of taking away, which agrees with this, but I cannot swear to it—I cannot swear to the brash—I have no doubt of it.

COURT. Q. What is the reason you believe it yours? A. It is a description we seldom sold, and when I had my premises rebuilt, I had the brushes cleaned with glass paper, and this bean the appearance of it.

CHARLES PARTON . I am an apprentice to Mr. Batty. The prisoner was called into the counting-house on the evening of the 26th of October, and told we suspected him, and asked if he would go to his lodgings in Angel-alley, Cripplegate, which we did—the prisoner went into the room first, and taking up this bladder, he said, "Here is a bladder of mixed pickles, and here is a jar," and gave them to the constable—he unlocked a box—I saw a brush which I thought was ours—I took it into my hand and saw it was, and those other things—we lost two wine-glasses about two months ago exactly resembling this one.

Cross-examined. Q. Are you aware that some of the men used to go and drink in his room? A. I believe one of them did, who worked on the premises—the prisoner gave every facility to my going.

LEWIS TAYLOR . I went with the prisoner to his lodgings—he produced this bladder of mixed pickles and the jar, and opened his box—I got a few

other things—I asked if he had got any things of Mr. Batty's, and he produced these things.

Cross-examined. Q. Did he not say that he had not taken these pickles? A. He did—there was a man that used to dine at his house—he did name him, hut I do not know what his name was.

MR. PHILLIPS to CHARLES PARTON. Q. Did you hear the man's name mentioned? A. Yes, Moses was his Christian name—he said that he dined with him sometimes—he did not say he brought the things there—I do not know that he mentioned his name then—I have heard that this man dined with him sometimes—I cannot recollect whether the prisoner told me so—he said he had not taken the pickles into his room—he said that he had had that brush for years—it could not be so.

Q. Will you have the kindness to account to the Jury why you told them that he mentioned Moses's name? A. I might have said so in the hurry of the moment, without understanding the question—Moses is at present at work with us, and could be here—I cannot say exactly how long it is since I have seen this brush, but I have since the prisoner has been with us—it may be about four or six months.


26th November 1838
Reference Numbert18381126-18
VerdictGuilty > unknown

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18. HENRY SAPWELL was indicted for stealing, on the 15th of November, 2 spoons, value 15s., the goods of William Freeman.

WILLIAM FREEMAN . I live at Welwyn, in Hertfordshire. The prisoner worked for me on the 15th of November, part of the day, and I discharged him—I have lost two spoons—these are them—(looking at them,)

RICHARD SAVAGE (City police-constable No. 56.) About nine o'clock, on the 15th of November, I saw the prisoner in Cripplegate—he was speaking to a Jew, offering something for sale—I walked towards them—the Jew walked towards me and spoke to me—I went and asked the prisoner for the spoon he had been offering to the Jew—he took it from his right pocket and gave it me—I took him to the watch-house, searched him, and found another table-spoon on him—I took him before the Alderman—he was remanded till Saturday, and we sent to the prosecutor—the prisoner said he had found them on the road, in a piece of brown paper—I asked where—he said, "Near Squire Carter's house," which is on the road to Welwyn.

Prisoner's Defence. I saw a piece of paper on the road, and it had these in it.

GUILTY . Aged 16.— Confined Six Months.

26th November 1838
Reference Numbert18381126-19
VerdictGuilty > unknown

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19. ISAAC DUNN was indicted for stealing, on the 8th of November, ¾ b. weight of copper, value 6d.; and 1/2 oz. weight of brass, value 1d. the goods of Edmund Pontifex and others, his masters.

THOMAS RAWLER . I am gatekeeper to Mr. Edward Pontifex and others, copper-smiths in Shoe-lane. About one o'clock, on the 8th of November, the prisoner was going out of the gate to dinner—I called him back, and told him to wait—he did not wait, he went to the water-closet—I followed him, and he was emptying the contents of one of his pockets down the water-closet—I seized him, and found in his other pocket this copper and brass—I believe it is my master's—it is worth 6d.—he had thrown some down-a boy was let down, and found these other pieces of metal.

Prisoner's Defence. I pulled off my jacket to go to work, and at dinner-time I put it on—I was called back, and in the pocket was the copper, which I am innocent of stealing—I am sure some one who wished to injure me must have placed them there—I have borne an undeniable character for honesty.

THOMAS RAWLER re-examined. He has worked there two years, but I had suspicion of him before—he had 18s. a week at first, but since then 22s. or 23s. a week—he has a wife and one child.

GUILTY . Aged 20.— Confined Six Months.

OLD COURT.—Wednesday, November 28th, 1838.

Third Jury, before Mr. Sergeant Arabin.

26th November 1838
Reference Numbert18381126-20
VerdictGuilty > pleaded guilty

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20. GEORGE NEWMAN was indicted for feloniously uttering counterfeit coin, having been previously convicted, as a common uttered of base coin; to which he pleaded.

GUILTY . Aged 59.— Transported for Seven Years.

26th November 1838
Reference Numbert18381126-21
VerdictGuilty > pleaded guilty

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21. THOMAS HENDERSON was indicted for embezzling 2l. 7s. 4d., which he had received on account of Charles Edwards Amos and another, his masters, to which he pleaded

GUILTY . Aged 35.— Confined Six Months.

Before Mr. Justice Park.

26th November 1838
Reference Numbert18381126-22
VerdictsNot Guilty > unknown

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22. SAMUEL BARKER was indicted for stealing, on the 7th of April, 412 yards of kerseymere, value 1032.; and 22 yards of woollen cloth, value 14l.; the goods of the St. Katherine's Dock Company; and SAMUEL FLETCHER , senior; SAMUEL FLETCHER , junior; JOHN FLETCHER , GEORGE FLETCHER , and ELLEN FLETCHER , as accessories before the fact. Other COUNTS, charging the Fletchers as receivers.

MESSRS. PHILLIPS, CLABKSON, and BALLANTINE conducted the Prosecution.

WILLIAM BROOKS . I am in partnership with Samuel Swift, of Huddersfield; we are manufacturers of cloth. On the 31st of March a quantity of black kerseymere and a piece of broadcloth were packed in a bale, directed to "Moore, James, Tate, and Co., merchants, London"—it would be sent by a carrier to Leeds, and would be forwarded from Leeds by the railway to Selby, and then by steam to Hull, and then again by steam to London, in a different boat I presume—the value of it was 117l. 16s.

Cross-examined by MR. THOMAS. Q. "What is that paper you have? A. A copy of the invoice—I did not see any direction put on the bale.

LYTE POOLE . I live in Burr-street, Wapping, and am a clerk at St. Katherine's steam-wharf. On Thursday, the 5th of last April, a trass, directed to "Moore, James, Tate, and Co.," arrived by the Enterprize steam-vessel from Hull—I saw it landed—I know the prisoner Barker, he was at that time delivery-clerk to Mr. Dale, who is the carman of the wharf—Barker was on duty in the wharf when the bale arrived—I have no recollection of his being near—the wharf is rather large—he was generally

there all day, that is why I say he was there—he was probably there—I remember, on the 5th of March preceding this 5th of April, three packages arriving, directed to "G. Fletcher," it was a box, a crate, and a bag—I do not know George Fletcher—I have not seen either of those three packages since they were landed—when things are taken from the wharf, it is ordinarily done under an order-those orders are filed, unless the bales are fully directed to the name and residence of the party—these were directed with a name, without a residence—the bale on the 5th of April was directed "Moore, James, Tate, and Co., Cheapside," on a card—we intended to send it in due course on Monday.

JAMES WELCH . I live in Savage-gardens, Tower-hill, and am shipping-clerk at St. Katherine's Wharf—I know Barker—I have some recollection of his coming to me on the 7th of April, to make out a cart-note, for some packages belonging to Fletcher—a cart-note is a note that goes with the goods for the charges—I made it out, and gave it to him—he had a delivery-book, which he brought to me, and took it away with him—(produced)—there is a corresponding entry made in the delivery-book—this is the book and the entry—I have seen Barker write, and believe this entry to be his writing.

Cross-examined by MR. THOMAS. Q. Was it necessary you should make any entry in any book? A. No; only the charges in the note—I have been speaking of the three packages—I do not know what they were—I did not see any card or direction on them—Barker might get them out of the wharf without my signature, but not regularly, according to the practice of the wharf—his duty was to see the things loaded into the cart, and to take an account of them, and bring it back to us to make out the deliverynote—he would get the order forl oading away, from Mr. Wright—he would not have to get any thing from Mr. Dale—Mr. Dale has nothing to check the orders given by Barker, but this book, which has been produced—that is Dale's book—the carman brings the book to Barker—there are several carmen—Mr. Dale has the contract for the carting—Wright has a check on Barker—I do not know whether Dale checks off what business he does—I should think he would see this book—it would come in the course of practice from Dale to Barker—Dale would give the book to Barker, and as Barker loads the things away, he would enter them in the book, and bring it to us to enter the charge—I have no recollection on this occasion of his bringing this book—Mr. Wright generally watches the goods taken away, when he is not absent—he was absent, and I was at the wharf—Barker brought the book to me, but I did not see the goods at all.

MR. PHILLIPS. Q. Suppose Barker produced this book, was it his duty to enter in it the number of packages he took away? A. Yes; if he took away four packages he would not be performing his duty if he entered only three—the entry is, "7th April, G. Fletcher, at Mr. Adams's, George-street, Whitechapel, three packages"—the order given was to take away hree packages, and the charges were made on them, no more.

COURT. Q. This entry has various columns—there appears a great number sent out on the 7th of April? A. Yes.

WILLIAM HAWKINGS . I am in the service of Moore, James, Tate, and Co., Cheapside, merchants. In the early part of April last we expected a bale of goods from Brooks and Co., of Huddersfield—it did not arrive at all—the prisoners are not at all connected with our house, and never had any authority to remove a bale for us—I never authorised any of them to do so.

JOHN BUTLER . I was a carman to Mr. Dale, last April. In the course of April I took three packages, a crate, a kind of woollen bale, and a truss, to Mr. Adams's, in Wentworth-street, at the corner of George-street, White-chapel—I received them from Barker, down at the St. Katherine Steam-wharf -as I went up from the wharf, after I had loaded, I took a box, besides the three packages, to Mrs. Miller's, at the Queen's Head, Tower-hill—Barker gave it to me, before I left the wharf, to take there—I asked him if it was entered in my book, he said it was not I that was to leave it there, and he would call and let them know about it when he came from the wharf—he said if I carried it up there, he would give me something to drink for taking it—I told him I did not know the Queen's-head by that name—he asked if I knew the house called "the Rendezvous"—I told him I did—he said I was to leave it there, which I did, and took the other goods to Adams's—there is a great deal of difference between a truss and a bale; a truss is larger—this weighed about 2 1/2 cwt.—when I got to Adams's, Thoroughgood, Adams's servant, helped me to unload the goods-old Mr. Fletcher, the prisoner, Was there, and some old lady—he paid me the money, 1l. 14s. 9d., I think, and signed my book-under the words, "By whom received," he wrote, "G. Fletcher"—Barker had Said that the gentleman would meet me there, when I got there with the things—I only delivered three at Adams's—I left the box at the Queen's Head.

Cross-examined by MR. THOMAS. Q. What sized box was it? A. A little like a sailor's large chest—it was a middling weight—I cannot say who lifted it up in the cart—there were people there assisting me—I do not know who they were—I am not acquainted with the sales that take place at the Docks.

Cross-examined by MR. PRENDERGAST. Q. Do I understand you that the name George Fletcher in this book is signed as receiving the goods? A. Yes, and he paid me the money, and gave me the odd three pence to get Some beer—I delivered to him the goods I was directed to deliver-as far as I know, Fletcher never saw the box—I left it at the Queen's Head before I went to Fletcher's—I cannot say whether the box was directed to George Fletcher—my orders were to leave it there—I cannot say whether the goods I delivered to the prisoner were directed to him—some goods which come to the Docks have only marks, and some are directed—I do not know how any of them were directed—I was not to inquire for any particular person by name at Wentworth-street—my orders were, a gentleman would meet me there, and pay me the money.

MR. BROOKS re-examined. I should say the bale I sent weighed 2 1/2 cwt.

SARAH MILLER . My brother keeps the Queen's Head on Tower-hill—it goes by the name of the Rendezvous. I remember a carman bringing a chest or box to my house one Saturday—I cannot say exactly whether there was any direction on it—I saw it put into the tap-room—I remember Barker calling that Saturday evening, and I told him there was a chest for him—I believe he said, "D—the chest, I wish I had nothing to do with it"—it remained in the house till the Monday, when Barker came again, about two o'clock in the afternoon, with old Fletcher—Fletcher took the chest out at the back door, and put it into a cart, and Barker went out at the front door—they had some refreshment at our house, which they partook of together, and the cart drove off—Fletcher went with it, and Barker went out the other way.

Cross-examined by MR. PRENDERGAST. Q. The elder Fletcher is the person you saw with Barker? A. Yes—I pointed out the box to Barker—ours is not a house where packages are often left, but when it was brought I thought it was a sailor's chest, and it was put into the cellar till the Monday—I have no particular acquaintance with these persons—we often have sailors lodging at our house—Barker lives next door to me.

COURT. Q. Did you know what his occupation was? A. No—I have no doubt he is the man who came on the Monday.

Cross-examined by MR. THOMAS. Q. Was the box very large? A. I did not take particular notice—one man lifted it up—Fletcher brought it out of the cellar—it took two men to take it down into the cellar, and two men brought it up.

RICHARD THOROUGHGOOD . I am in the service of Mr. Adams, of George-street, Spitalfields. I know the Fletchers, the father and the three others-three packages were brought to our place by Butler—one was a large bale, which appeared to be soft like wool—one was a crate, which appeared to be china, packed with straw, and the other a hard package, which appeared to be cloth—it was a close, flat, narrow package—I observed a hole in the covering of the hard package, and saw dark cloth through it—after they had arrived, the elder Fletcher came with Mitchell, and a town cart, to take them away—that was about four o'clock in the afternoon, I think—he lives over at Temple Mills, towards Stratford—he helped to load them—he asked the carman if there was convenience to ride—Fletcher went away first towards the public-house, and the cart went after him.

Cross-examined by MR. PRENDERGAST. Q. What day was this? A. On a Saturday—I cannot say what day of the month, but it was in April—I do not know whether the female prisoner is the wife of George Fletcher—I believe they live together as man and wife—I never saw her before.

JOHN MITCHELL . I live in Mayfield-buildings, Prince's-square, and am carman to Mr. Bryant. One Saturday evening, I believe, the 7th of April, the witness John Tibbs came to my master's for a horse and cart—I went with it as driver—I went to Mr. Adams, in Wentworth-street, Whitechapel—Tibbs went with me—when I got there I saw Fletcher, senior—he told me to back my cart in the gateway, and he assisted in loading the things—one was a large bag, which, to the best of my recollection, contained wool—the others were a small bale and a crate—I drew outside the gateway, and we all three had a pot of beer—Fletcher, Tibbs, and myself—I drew up to a public-house in Wentworth-street, and had the beer—they asked me if there was room to ride on the cart with me—I said there was, and they rode—we drove on to Three Colts-lane, Hackney—Fletcher, senior, got off there, and said he was going across the fields to his factory—Tibbs and I followed there with the cart—when we got there, Fletcher, senior, got up on the cart again, and we proceeded to Temple Mills—the cart was there unloaded by John Fletcher—Samuel Fletcher and Tibbs likewise assisted—they took the small bale and the large bag in-doors, and left the crate outside—Fletcher, senior, paid me for the cartage.

Cross-examined by MR. PRENDBRGAST. Q. You are a regular carman, are you? A. Yes—I never knew Fletcher before—I was hired at Mr. Bryant's house.

JOHN TIBBS . In the middle of last March I went to live at Temple Mills—they are flock mills—Mr. John Adams is the proprietor—I went

there to deal in flocks and rags—I know the elder Fletcher—I have gone to town with him from Temple Mills to a great many places, and among other places to St. Katherine Docks, and I remember on one occasion his pointing Barker out to me—he told me to go and tell that person he wished to speak to him in the public-house—I did so—he came, and they went to the public-house together—I waited in the street—Fletcher did not tell me any thing at that time, but he told me another time, that he expected Barker would get some goods for him from St. Katherine's wharf—that he had got some of his own goods coming out of Yorkshire—I went to town with old Fletcher on Saturday the 7th of April—he said there was a bale of goods coming with his from St. Katherine's wharf—I went with him to Handley's public-house in Wentworth-street—he said he expected to find the goods that were coming to him from the dock, at Mr. John Adams's—I went to Bryant's to get a cart—Mitchell drove it—we brought the cart up to Handley's, and some goods were put into it, but I did not see them put in—I saw a bale, a bag, and a crate in the cart—Fletcher gave the man, who delivered the bill for the cart, a pot of beer—Fletcher, I, and Mitchell then got into the cart—when we got to Three Colts-lane, Fletcher got out, and went across the fields to Mr. Adams's factory, at Hackney-wick—I and the carman went on in the cart to the end of Mr. Adams's premises, and waited there till Fletcher came—we then went to Temple Mills with the goods, all three in the cart—the crate was there taken out, and left outside—the bag was taken into Fletcher's parlour, and the bale was taken up stairs—I went into my own house—about nine o'clock that evening I went to Fletcher's—I found Fletcher and his sons George and John there—I do not recollect whether Samuel, junior; was there or not-old Fletcher said his sons were going to take three pieces of kerseymere up to town, to pledge, and would I go with them—I went with them at nine o'clock that evening to Dalston, and tried to pledge the goods at a pawnbroker's there—I should not know his name—he would not take them in, and we went on to London with them, in an omnibus—the kerseymere was on the front—we got down opposite the Flower-pot, in Bishopsgate-street, and tried to pledge them at the corner of Budge-row, Watling-street—we walked all that way-sometimes one carried the goods, and sometimes the other—they would not take them in there—I do not remember the pawnbroker's name—we then went over to the Borough, and John Fletcher pawned one piece of kerseymere there—I was with him—I believe the pawnbroker's name was Thomas—George and John asked me to pledge a piece in the Dover-road—I went to a pawnbroker's, and came out without pawning it—I told George and John what I was offered for it—I think it was 2l. 10s.—they told me to go in and take the money—I did so—they remained outside—I gave the money and ticket to one of them, I will not be certain which—they were both in company-John afterwards parted with us, and I and George went home to Temple Mills together that night—on the Sunday the prisoner Barker came down there in a gig, with his wife, and when they were going away, a piece of black kerseymere was taken away by Barker, in the gig—I afterwards went into Fletcher's, and old Fletcher told me Barker had taken one piece of kerseymere up to town with him—some days afterwards, old Fletcher asked me to borrow a horse to go to London—I did so, at Lowe's livery-stables, at Kingsland, and Fletcher borrowed a cart of Mr. Ritchie—he told me he wanted it to take four pieces of black kerseymere, and one piece of broadcloth,

up to London, to Horabin's, the tailor's, in Great Winchester-street—I and my wife went with him, and Mrs. Fletcher—we left the cloth and kerseymere at Horabin's—Mr. Fletcher was in the cart—I saw Mr. Horabin there—I went away and came back again, and Mr. Horabin was then measuring the cloth-old Fletcher was with him—I and my wife went back with Fletcher and his wife in the cart, and had tea there—some few days afterwards, Fletcher, sen., asked me to borrow a horse and cart of Chill man—I did so, and Chillman went with me to London-old Fletcher told me Chillman was not to go with the horse and cart, but Chillman said he would not let it go without he went, and he did go-a truss of black kerseymere was put into the cart—I think six, or seven, or eight pieces were taken on that occasion—Fletcher, Chillman, and I went to town—we went to Fox-buildings, Kent-street, Borough—Fletcher desired us to take the cart round the back-way, to his son John's premises, to the back of his garden, with the cloth in it—there was no garden-gate—we pulled the palings down at the end of the garden, there being no gate—the bale was taken out of the cart, and taken into John Fletcher's house—I helped to carry it—the bale was then cut open, and contained black kerseymeres—I helped to carry them up stairs—I believe the female prisoner is John Fletcher's wife—she pawned some of the things-her husband was not there when she took them for the purpose of pawning them—on one occasion, Fletcher sent me to Grant's, in London-wall, to pledge, I think, two pieces of kerseymere—that was after going to young Fletcher's garden—they were two pieces which I got from Horabin's, which he did not buy—I pawned them in the name of "John Lodge, 41, Bow-lane," by Fletcher's desire—I gave the money and ticket to him—he asked me to lend him 2l., at the latter end of April, after all this pawning, to pay Barker, on account of the kerseymere—he afterwards asked me to lend him 15l.—I said I would—that was on another day in May—I did not do so—he told me he had made an appointment with Barker to meet me at the Steam-boat public-house, St. Mary-at-hill, at one o'clock in the day—I went to that public-house, waited there a few minutes, and Barker came in—he told me he would not stop there, because I was known—I went from there to Pudding-lane, and he asked me if Sam Fletcher had sent me up to pay him the 15l.—I told him he had—he said, well, would I give him the money?—I said yes, if he would give me an acknowledgment for it—he said no, he would not, and I would not let him have the money, but I lent him 2l.—I cannot recollect what day of the week this was—he said he would come down to Fletcher's, and I saw him there afterwards—he and old Fletcher were together—he told Fletcher I would not let him have the money—Fletcher asked me to lend him five sovereigns, to give to Barker—I did so, and he gave them to Barker—I saw him give him some money, after I lent him the 5l.—I cannot say whether it was the whole-a few days afterwards I saw them together again, and Fletcher asked to let him have 10l. more, for Barker to pay for the kerseymere—Barker was present—I got two "I. O. U.'s" from Barker, for fear Fletcher should not pay me again—they were signed "S. Barker"—I have not got them—Barker came down afterwards, and said he had another truss of goods, and if I would give him the "I. O. U.'s" up, I should be paid when that was sold, and he burnt them in Fletcher's fire—Fletcher was present then—I was down at Temple Mills on one occasion, when Barker and old Fletcher had a conversation about a card—I cannot exactly say when it was—it was after the

pawning—Barker told Fletcher, in my presence, that the first bale of goods that came out of the Docks he cut the card off George Fletcher's truss, or that he had made a card and had sewed it on the truss of kerseymere which came out of the wharf on the 7th of April, with George Fletcher's direction on the card, and that he had put a large box, belonging to George Fletcher, on one side—I do not recollect that old Fletcher said any thing to that.

Cross-examined by MR. THOMAS. Q. What are you? A. I call myself a general dealer—this is not the first time I have mentioned about the card—I have bought horses, cows, pigs, and rags—I dealt in all occasionally at the same time—I have carried on that business at Temple Mills since last March, till the time I was taken on this charge—I live in a cottage which the mills have nothing to do with—the Fletchers live in one of the cottages belonging to the mills, and I in another—I do not keep any shop—it is a private cottage—that is where I carry on my horse-dealing—I bought a horse last June, in the Borough—I have bought four horses during the last four months, and six pigs—I cannot say how much rags, as the officer took the receipts away from me—I deal with Beechley, in the Borough-road, for rags—he keeps a rag warehouse—I do not think he is a marine-store dealer—he has a large warehouse at the back of his premises—I used to buy my rags of him to grind into flocks at the mills—I have done about 40l. worth of business with him in the last twelve months—I lived nine years in Dean-street, Holborn, as a grocer, for myself—I left that because Mr. Fletcher came to me several times, and said if I sold the lease of the house, and went into partnership with him, I should do extremely well—I have known Fletcher twelve months last July—that was one reason for my leaving business-another was, I got into debt—I have had to go through the Insolvent Court—the last time I went through, my debts were a £20 bill—that was all—I have been three times through the Insolvent Court—the first time my debts were, I think, between 300l. and 400l.—my customers did not get any dividend on either occasion—my debts the other time were 600l. or 700l.—I think that was in 1833 or 1834—I have never been a bankrupt—I compounded with one creditor, who put me into White Cross-street—I do not recollect any other occasion—I believe I compounded with one Bond, also—I do not recollect having done so with any other-1837 was the last time I went through the Insolvent Court—I came out in November—that was for the £20 bill, which was in my former schedule.

COURT. Q. And yet you lent 15l. In April? A. Yes.

MR. THOMAS. Q. Were you heard the day you came out of prison? A. I believe so—I was not remanded at all—I was opposed on the last occasion.

Q. What means had you from November to April of getting money to make the loan? A. I received a dividend of my wife's daughter, at the Bank of England, the day I went to Horabin's, it was 11l. 16s. 2d.—it was paid to me—it was my wife's daughter's money—she is nineteen years old—I swear I have only been three times through the Insolvent Court—the first time I was in White Cross-street, Thomas Rawlins put me in—it was for debt—I believe that was in 1832—I paid him 40l., and he gave me my discharge—I believe his debt was 150l.—the second time was by a person named Bond, I think the next year, or the year after—I got out then by signing a cognovit—I do not recollect the amount of his debt—it

was in 1832 or 1833—I was in prison three or four weeks—I never paid that debt—on the third occasion, a person named Jeff arrested me—I do not know how much for—I did not pay him—I went through the Court—I was never taken up on any charge but debt—I am sure of that, except this time—I am now in custody—I have come from Clerkenwell New Prison today—I am in custody for want of sureties for 400l.—I have never been in custody for any crime but this—nor charged—I was never charged with, or indicted for perjury-no such charge was ever preferred against me, to my knowledge—I have never endeavoured to make myself master of my daughter-in-law's property in the Bank—I borrowed 200l. of her property in the Bank from Sir Winifred Jarvis—my daughter-in-law's name is Rosina—the money in the Bank belongs to her when she arrives at twenty-eight years of age, if not, to me and my wife—Sir Winifred Jarvis lent me 200l. on that security—I did not make an attempt to assign that entirely away—I paid him five per cent.—that was since I went through the Insolvent Court—it was this year—I think my daughter-in-law signed her name to the deed, but I am not certain—the money was advanced to me when I signed—Mr. Braddon, Sir W. Jarvis, my wife, myself, and I believe my daughter-in-law were present—I did not sign her name for her, nor ever did-no charge was ever preferred against me by Phipps, a saddler, for larceny—I know Phipps of Holborn—he never made any charge against me to my knowledge—I never heard of it—he did not to me personally—I never recollect any thing of the kind—my daughter-in-law's money stands in the names of Blundell and myself—my wife is the executrix, and Blundell the executor—I borrowed money on the amount—I am not certain whether my daughter-in-law signed the deed—I believe she did—I believe Sir Winifred Jarvis is a barrister in Lincoln's Inn—I was taken to him by Mr. Braddon, who is an attorney.

Cross-examined by MR. PRENDERGAST. Q. Have you ever stood in the position the prisoners do on this occasion? A. At Lambeth-street in this case, but on no other occasion—I was never indicted for perjury—I am a married man, and lived with my wife up to the day I was taken—my wife had a daughter by a former husband—I have not lived with that daughter as my wife, nor had children by her—I have always lived with my wife, and the daughter with us—I have never lived with the daughter as my wife.

Q. Have you had children by that daughter? A. I cannot say, sir.

COURT. Q. Do you mean that on the solemn oath you have taken? A. She has had a child—I cannot say whether by me—I believe it to be by me.

Q. On your solemn oath have you been guilty of incestuous conduct with that woman? A. I will not take an oath about it.

JAMES CHILLMAN . I am a carman, and live at Temple Mills—I know the prisoners. On the 11th of April, Tibbs called on me about a cart, in consequence of what he said to me, I got my cart ready on the morning of the 12th—I went to Stratford, and from there to Whitechapel—Tibbs and Fletcher, sen. went with me in the cart—we stopped in Whitechapel—Fletcher left there, and said he was going down to Mr. Adams—he came back in about a quarter of an hour, got into the cart, and we went to Fox-court, Kent-street, Borough—Fletcher and Tibbs there got out of the cart and went round—they then came and told me to take the cart round to the back of the building on a piece of waste ground, and they would take the

pareel out that was in the cart—it was a small truss which we brought from Temple Mills—it was put into the cart by one of Fletcher's sons, I cannot say which, in Fletcher and Tibbs's presence—I saw that truss taken into John Fletcher's house—I went with it—John Fletcher was not there at the time—the female prisoner was—Tibbs and old Fletcher took down the fence to get out an engine, which I was to take back—I saw a bale go into old Fletcher's house at Temple Mills on the Saturday night, the 7th of April, such as cloth is usually wrapped in, but I cannot say it was cloth—it came in Bryant's cart—I read Bryant's name on it—it was between five and six o'clock in the evening—the witness who has been examined was the carman—one of Fletcher's sons, I cannot say which, helped to unload it—I stood thirty or forty yards off, but the letters on the cart were white, and I could read them—I saw John Fletcher helping to unload the cart—I did not see any body in the cart—I saw the carman get in when he went away—I saw old Fletcher there, at his house—I know Barker by seeing him come down to Temple Mills—I have seen him down there several times since the 7th of April, not before—I may have seen him there five or six times at Fletcher's house, which joins Temple Mills—I have seen old Fletcher at the White Hart public-house, in company with Barker and Tibbs—I saw Fletcher and Barker there on Whit Monday night—I did not see him there when the cart came on Saturday—it was about two months afterwards.

WILLIAM PARR . In the beginning of April, I lived with Mr. Thomas, a pawnbroker, in Blackman-street, Borough. I produce twenty-six yards and a half of black kerseymere, which were pawned at our shop on the 7th of April, about four or five o'clock in the afternoon, as far as I can recollect, by John Fletcher, for 4l., in his own name; also twenty-five yards of kerseymere, pawned on the 14th of April, by Ellen" Fletcher, in her own name, about the after-part of the day.

WILLIAM CLARK . I live at Mr. Grant's, a pawnbroker, in London-wall. I produce two pieces of kerseymere, measuring forty-nine yards, which were pawned at our shop on the 20th of April, by Tibbs, for 7l., in the name of John Lodge, No. 41, Bow-lane, as near as I can recollect, between two and three o'clock-another piece of twenty-five yards and three-quarters was pawned on the 12th of April, by Tibbs, for 4l., and two more remnants of fifty-four yards, by Tibbs, on the 14th of April, for 7l.—it was all pawned in the name of Lodge—the two last pieces have been redeemed—I cannot say who by—it was not Tibbs.

GEORGE WORLEY . I live with Mr. Walmsley, a pawnbroker, in High-street, Borough. I produce nine yards and seven-eighths of black kerseymere, pawned on the 4th of August, for 1l. 12s.—I think Midgley pawned it—(I know him)—in the name of John Fletcher, No. 2, Fox-buildings—on the 7th of April, another piece of black kerseymere was pawned for 4l.—I think it was in the evening, but cannot be positive—I think that was pawned by John Fletcher, but I am not positive—I believe it was pawned in the name of Fletcher, but I have not the ticket, as it was redeemed on the 23rd—I cannot say who redeemed it, or who pawned it, or what quantity it was—I think it was pledged about seven o'clock, but I cannot be positive of the time—we keep open shop till eleven o'clock on Saturday night.

SAMUEL GORDON . I live with Mr. Attenborough, a pawnbroker, in Charlotte-street, Fitzroy-square. I produce twenty-four yards of kerseymere,

pawned at our shop, on the 28th of July, for 4l. 4s., by Midgley, is the name of William Bates, No. 36, Berwick-street.

JOHN CRESSWELL . I am a pawnbroker in Blackman-street, Borough On Saturday, the 7th of April, twenty-two yards and a half of kerseymere were pawned at our shop, about nine o'clock in the evening, in the name of John Lodge, No. 41, Bow-lane-two persons brought it—I am certain Samuel Fletcher, jun. was one, and I believe George Fletcher was the other—it was pawned for 3l. 10s.—it was redeemed on the 1st of August, by Samuel Fletcher, sen.—I am quite certain of his person—I did not know him before, but I asked him where he got the ticket from—he said he had purchased it—on the 14th of April, twenty-four yards and a quarter of kerseymere were pawned by Ellen Fletcher, for 4l., in the name of Ann Fletcher, for John Nicholson—it was redeemed again on the 16th of July—I do not know who by.

HENRY CRICK . I am in the service of Mr. Dicker, a pawnbroker, in Roebuck-terrace, New Dover-road. I produce twenty-five yards and three-quarters of kerseymere, pawned on the 14th of April, for 4l., by Tibbs, in the name of John Merrigan, No. 2, Fox-buildings—I had another piece pawned the same day, about twenty minutes afterwards, which was redeemed on the 7th of July, by the elder prisoner, and another I do not know—it was the same quantity as the other.

THOMAS COULDEREY . I am a tailor, and live in White-street, Borough. I know Barker—he called on me about the middle of last May, about some black kerseymere, which was brought in my absnce—I saw him Afterwards, and bought it of him for 6s. a-yard—there was six yards and three-quarters—he said he had had it from a dyer in part payment of a debt—I used one yard and three-quarters, and pledged the five yards remaining with Cogswell.

THOMAS COGSWELL . I am a pawnbroker in Deverill-street, New Dover-road. I produce seven yards and a half of kerseymere, in two remnants of five yards and one-eighth, and two yards and three-eighths, pawned in the name of Thomas Webster, by Coulderey—I have kept it ever since—one is black, and the other what is called wool-dyed—they are both black, but the five yards one-eighth is not wool-dyed.

Cross-examined by MR. PRENDERGAST. Q. He gave you the name of Thomas Webster? A. Yes, No. 7, Baalzephon-street—I had seen him once before—I did not know his name—it was between nine and eleven o'clock on the 20th of August.

MR. BROOKS re-examined. I have no hesitation in saying this kerseymere is our manufacture, but there is no mark by which I can swear to it positively as being what we sent at that particular period—I have no particular mark on it—I have no doubt it is our manufacture by its character and general appearance—we make some hundreds of pieces of this sort in a year, and it may be any one of those hundreds—this is worth 5s. a yard wholesale—I have no doubt a tailor would charge 7s. for it—I would not positively swear it is my manufacture at all—this piece produced by Worley, nine yards seven-eighths, pawned on the 4th of August by Midgley, I can positively swear to being ours, by the number on it—this (the 49 yards produced by Clark) I have no doubt of being ours, but that is all—but on looking at the other end of the 54 yards in two lengths, one of them has got the invoice-mark on it—when we sent these pieces off there were 49 yards in two pieces—(looking at that produced by Crick and

pawned by Tibbs,) this has not the private mark—I have no doubt it is ours, but I do not swear to it—this I also swear to (a piece pawned by John Fletcher on the 7th of April, produced by Parr)—I can identify it positively—this (pawned by Ellen Fletcher) has no mark on it—(looking at that pawned by Midgley, produced by Gordon)—this has not our mark on it, but I have no doubt of it.

Cross-examined by MR. THOMAS. Q. Is the paper you have in your hand your own hand-writing? A. No; it is a copy of the invoice—I have referred to it every time I have looked at the cloth—it was written by my clerk—I did not compare it with my book at home—I could have spoken to the marks I have seen here without this paper, but it makes assurance doubly sure.

COURT. Q. What is the private mark? A. We put the number of the cloth on the back of the list, it is sewn in—that is done with all the cloth we make—I am quite sure this it our manufacture, but not that it was in this particular truss—I did not see it packed.

WILLIAM JONES . In July last I lived with Mr. Walmsley, a pawnbroker in the Borough. A man named Chappell brought some kerseymere to the shop—I do not know what day it was—I would not take it in pawn, but I purchased part of it, and had it made into trowsers, which I now produce—I know Ellen Fletcher—I do not know whether she was in the shop at the time, but I saw her before and afterwards—I cannot positively say she was in company with the person who brought it.

JOHN WEST . I keep the St. George coffee-house, Blackman-street. I know Samuel Fletcher, sen., and John Fletcher—I have seen them at my house—I have also seen Chappell at my house in company with Tibbs and Fletcher, sen.—I think I have seen them twice, but I am certain I have seen them once together—it was at the latter end of June or the beginning of July.

THOMAS WATERMAN . I keep a public-house in Kent-street, Borough, Ellen Fletcher came to me at my house with some kerseymere in August, and asked me to buy some of her, saying her father-in-law had sent it out of Yorkshire for her to dispose of—she asked me 7s. 6d. a yard—I sent for my tailor, and then offered her 7s. a yard, which she took—I bought four yards and a quarter of her—she was alone, but while bargaining for it, she sent for Midgley to cut it off-during that time I sent for my tailor—I have the trowsers here it was made into—I have worn them.

JAMES LEA . I am an officer of Lambeth-street. I searched Tibbs's house—I found two duplicates there—one dated 7th of April, in the name of John Fletcher, No. 2, Fox's-buildings, for twenty-six yards and a half kerseymere, and the other dated 20th of April, for two remnants of kerseymere, 7l., in the name of John Lodge, Bow-lane—I apprehended Midgley—I stated the charge to him, and he gave me an account of the way in which he was involved in the transaction—I did not know him till I apprehended him.

DANIEL RITCHIE . I am landlord of the White Hart, Temple Mills, near Fletcher, sen.'s house. I know Barker—I have seen him down there—I saw him at Fletcher's, during the month of April last, and have frequently seen him there.

Cross-examined by MR. PRENDERGAST. Q. Will you swear you saw him in April? A. Yes—Fletcher borrowed a cart of me about that time—I do not know what horse he had to go in it—I did not lend a horse—Barker

used to come there in an evening in a chaise, frequently in April, and used to put the horse up at my stable sometimes.

THOMAS HENRY HORABIN . I am a tailor, and live in Old Broad-street. I know all the male prisoners—on the Friday or Saturday before Good Friday, Samuel Fletcher, sen. called on me in Great Winchester-street, respecting some kerseymere he had for sale—he asked if I had any objection to make him and his sons some clothes, and take the kerseymere in exchange—I said I had no objection, and he brought me a quantity—I cannot say exactly what quantity came, but I took 20 yards of wool-dyed black broadcloth, and 22 1/2 yards, and 27 1/4 yards of black kerseymere—it was brought on the Tuesday or Wednesday, in the following week—Tibbs and his wife, and Mr. and Mrs. Fletcher, sen. came with it—I am positive Tibbs was there—there were two more pieces of kerseymere which I did not take—they were in a canvas wrapper—I saw them arrive in a cart with one horse, which I think was a brown one, but I cannot say—I have seen Barker once at my house with Fletcher, sen. and George Fletcher—I cannot tell how long ago that is—it was after I got the kerseymere—they were conversing—Barker was introduced to me by George Fletcher—I called George into the kitchen and said, "Who is that person?"—he said he was a friend of his—I said, "He looks more like a thief than a horse."

Cross-examined by MR. PRENDERGAST. Q. Was this long after April? A. I should say it was, probably July or August—I cannot say when it Was—I am certain Tibbs was there when the cloth was brought, and I believe Mrs. Tibbs—I have seen Mrs. Tibbs repeatedly.

JAMES LEA (re-examined.) I found this paper in the house of Fletcher, sen., on the 10th of September—I had not taken him up at that time—I apprehended him on the 19th, in Kent-street—he was not at home when I found the paper—I had been looking for him—I saw him and John together about the 13th, but there was not sufficient evidence then to take him—I did not show him the paper—I told him I had found a paper respecting a settlement of something, and that Barker's name was mentioned in it—I asked him if he knew Barker—he said, "Yes," he had known him four or five years—he said he did not know anything about the paper—I found it in a desk in a sort of private drawer—it was very difficult to get it open—there were other papers in the drawer—I only kept this one.

JOHN TIBBS (re-examined.) I have seen Samuel Fletcher, sen., write—I believe this paper to be his writing.

(This paper being read, was headed "Settlement with Barker, and stated an amount of goods to be £28, after which several other sums were specified.)

WILLIAM MIDGLEY . I live at No. 2, Fox-buildings, Kent-street, and have lived there since July last. Ellen Fletcher keeps the house-her husband John Fletcher also lived there—after I had been there a fortnight, Ellen Fletcher told me her father-in-law had some cloth in pawn, and she would ask him to get some out, and let me try to sell it—Fletcher, sen., called two or three days after, and after that she said she had asked him and he would get them out for me—in the course of two or three days after, Fletcher, sen., called and brought one piece of black kerseymere, and asked me to fold it up in a proper way—it was all rumpled then and not folded in a business-like way—I folded it up into the old folds which there had been—he then went away for about half-an-hour, and brought another

piece something similar to it—I folded that up also—he said it was a very nice piece of kerseymere—I asked him if he had brought them for me to sell—he said no, he had sold those at the West-end—he stopped about half an hour, and took the two pieces away with him—he called again in two or three days-George Chappell was with him on both occasions—he brought a piece of cloth with him the third time, which he said I might try and sell—there was twenty-five yards and three quarters—Ellen was not in the room—she was in the back-kitchen at the time—she came in afterwards, but said nothing about the cloth—she said she had sold a pair of trousers to a young man at Walmsley's, the pawnbroker, if the old man would let her take the piece there, and have it cut off, and George Chappell was to go with her to represent it as his—he went with her—when they came back the old man was sitting in a chair by the side of the table—Ellen said she had sold two yards and a quarter, and George Chappell gave the old man 12s. for it—the old man went away with Chappell, and said he should come back in the evening about six o'clock to see what I had sold—they called about that time, and I told them I had sold none-old Fletcher then told me I must sell it by Saturday night, if I could, for he wanted the money—I was to meet him at the Star, in Gracechurch-street, on Saturday night, which I did—I tried to sell it on the Friday, but could not, and I pawned it at Attenborough's in Charlotte-street, for four guineas, in the name of John Bates, Berwick-street, and gave him the money on Saturday night-in the middle of the following week old Fletcher called again, and brought thirty-three lbs. of thread, which he asked me to try and sell—he afterwards asked if I would try and sell another piece of kerseymere, if he got it out—I said I would try—he told me to come with him, and he would give me a piece—I went with him to Cresswell's, a pawnbroker, at the corner of Trinity-street, Borough—he went in there, and I with him—he gave them a ticket, and while he was doing that I went out to try to sell some of the thread—when I returned he was waiting outside for me, with the kerseymere in his hand—I took it home—it had a ticket on it of twenty-two yards and a half, but he sent me for a measure, and it measured nearly twenty-six yards, or more—on taking it home I found Ellen there—she said if I would let her have it, she had sold some to Waterman, the publican, for a pair of trousers—I let her have it, and she went away to Waterman's—she came back and asked me to go to Waterman's, and cut off three yards for Waterman, and two and a quarter for another young man who was there—I went and cut it off—I have since understood the young man's name to be Spriggs, or Spinks—she told me to leave the cloth there, as some of Waterman's friends might come in, and he would see if he could persuade them to have it—I left it there for two or three hours, and then went for it, and took it out to try and sell it—Ellen met me when I came outside, and said she would take it elsewhere, and try to sell it—I gave it to her, and she returned it to me with ten yards only left, which I pawned at Walmsley's, for 1l. 12s., and took the money to the old man, at the Star, in Gracechurch-street—Chappell was there.

Cross-examined by MR. THOMAS. Q. I think you stated your name was William Midgley? A. Yes, that is my only name—that I swear—I have gone by the names of Gardener, York, Johnson, and Whipple-to the best of my recollection I think that is all—I will think a minute if you will allow me—no, that is all, to the best of my recollection—I am twenty

years of age—I will tell you my reason for going by different names—I had a writ out against me, three or four times—that was the principal reason—I never had any other reason—I had an execution against me for a tailor's bill—I have never gone by any other name, for any other purpose, than on account of some debt.

Q. Why did you go by the name of Gardener? A. I hired a horse and chaise once, by the name of Gardener, of a person at Newport Pagnell named Greaves—I brought it to London and put it up at a livery stable two or three days, till the horse recovered, to take it back—I drove it fifty miles in a short time—there was a charge of felony preferred against me on that occasion—I saw a handbill offering a reward for me—the officer brought it when he took me—I had made away with part of the chaise on my journey to London—one of the cushions and the driving box—that was all—I did not leave the whip—I had seven or eight shillings in my pocket when I hired the horse and chaise—atthe time I went to Newport Pagnell, I resided in Crawford-street—I went there to borrow money from my friends—I was not quite nineteen then—I have been doing nothing for the last five or six months—I have had money from my friends at Bromley, in Kent-no charge has ever been made against me except stealing the horse and chaise-not that I know off—it was once reported that there was a warrant against me for forgery, but I never knew it—it was said I had altered a bill of exchange from 10l. to 410l.—I understood that was the charge—I was not taken before any Magistrate for that—there was a trial about it at Guildhall, just this time twelvemonth—Thomas Miers was the plaintiff in the cause, and John Bowler the defendant—he is my uncle—the verdict was for the defendant—I was not called as a witness—I was at a public-house in Basinghall-street at the time, waiting to be called, if wanted—I went away after the trial, and lodged for a week at West Ham, as Mr. Miers thought the officer had found out where I was living and would take me—I did not get any money for that bill—I got goods for it—I paid it to Robert Miers—he was transported from here a few sessions ago, for arson—he paid the bill to his brother Thomas—I had different goods for the bill-not so much as 410l. worth.

Q. Was not the bill originally for 10l., and did not you promise to take your uncle the 10l.? A. No, I did not pay my uncle 10l.

Q. I believe you were connected a good deal with Robert Miers in helping him to remove his goods? A. I assisted in removing very few of them—I assisted in moving some—he had taken another shop—that was before the fire, some time—I do not know how long-more than a week—it must have been a month or five weeks, I think—I was a witness for him when he was tried here—I am a single man.

Q. Did you not on the last occasion when you stood in that box swear over and over again that you were a married man? A. No, I never was asked the question, to the best of my recollection—it was not put to me that I was a married man—they asked who managed the shop, and I said my wife, but the question was never put to me in that plain way to my knowledge—I really do not know whether I swore I was married at St. George's, Hanover square—I cannot swear I did not say so—I do not know whether I did or not.

COURT. Q. If you did say it, it was a falsehood, according to your present account? A. If I did say it, it was a falsehood.

MR. THOMAS. Q. Did not you say this, "I was married in February, the same month I became eighteen years of age?" A. Yes, I believe that

was what I said—I was not married, but I passed as such—I did not say that I was married at St. George's, Hanover-square, to my recollection—I cannot swear I did not—I cannot tell what I did say—I did not hear Miers' sister say she was married to me at St. George's, Hanover-square, but I have heard since that she did say so—I swore she was my wife.

SARAH JOHNSON . I hold the lease of three houses in Fox-buildings, Kent-street. The prisoner, John Fletcher, was a tenant of mine—I have seen the other prisoners at John Fletcher's house, and also at Temple Mills—on the Thursday before Good Friday last, I saw the witness Tibbs and old Mr. Fletcher in the back yard at Fox-buildings—I did not notice particularly how old Mr. Fletcher was dressed—he seemed to have a brown coat on—I believe he was dressed as he generally was—there was a cart there—I did not see any thing taken out of the cart, but I saw a bundle in the back parlour-old Fletcher was then gone into the front parlour, and there was only Tibbs and Ellen Fletcher present—I took hold of the bundle, and said, "What have you here?"—Tibbs said it was a bale of goods that he had brought from the docks—I went into the front parlour to old Fletcher, and asked him for some money for the rent that was owing—he said he would let me have some in the course of a few days—I had frequently seen Chappell and old Fletcher there together before that—I had never seen Barker—in July last Ellen Fletcher called on me, in consequence of which, I went to No, 2, Fox-buildings, and saw Chappell, old Fletcher, and Midgley there, in the parlour, and I passed through into the back parlour—I saw Chappell and Midgley go out together-Midgley had a bundle on his shoulder, fastened up in brown paper-old Fletcher came into the back parlour to me—I asked him if he had got any rent for me, as he had promised me some several times, and had not fulfilled his promise—he said he had not got any money for me then, but in the course of a few days he would—he said he should have a piece of black merino in about a week, if I would purchase it—I asked him what would be the price of it—he said, "About half-a-crown a yard"—after they were all gone I asked Ellen if she did not intend to get rid of Mr. Midgley, as I thought she ought not to let him stop in the house, for I thought he had sold old Fletcher a duplicate—she said it was her father's goods, and not Midgley's—that was all that took place.

EDWARD STREET CLARK . I am a butcher, and live in Dover-road. I did live in Kent-street—about three months ago I went to Waterman's and bought a piece of black kerseymere of Ellen Fletcher, which I had made into a pair of trowsers—I have not got them with me.


Second Jury, before Mr. Recorder.

26th November 1838
Reference Numbert18381126-23
VerdictGuilty > unknown; Guilty > unknown

Related Material

23. THOMAS BIGNOLD , and JOHN HALLAN, alias Bowman , were indicted for burglariously breaking and entering the dwelling-house of John Baker, at St. Luke, about the hour of twelve in the night of the 7th of November, with intent to steal, and stealing therein, 1 cash-box, value 5s.; 3 keys, value 3s.; 1 key-ring, value 6d.; 3 memorandum books, value 3s.; 9 sovereigns, 20 shillings, 1 £10 Bank-note, I promissory note, for 20l. 8s., 2 orders for 4l., and 21 bills of exchange for 544l. 13s. 4d.; his goods, monies, and property.

MESSRS. CHAMBERS and DOANE conducted the Prosecution.

BENJAMIN VICKERY . I am foreman to John Baker, an ironmonger, in

Finsbury-place, in the parish of St. Luke—the prisoner Bignold was in my master's service for about a month, as errand-boy. On Wednesday evening, the 7th of November, he left the premises at eight o'clock, or a few minutes after—I shut up part of the premises, and saw the whole shut up at a quarter past eight o'clock—I left nobody on the business premises, but my master and his family live in the dwelling-house, which is part of the premises—I saw the gate leading to the yard fast.

Cross-examined by MR. PAYNE. Q. Do you mean the business is carried on in part of the dwelling-house? A. Yes—it is under the same roof.

HENRY KIDNEY . I am a policeman. About a quarter past one o'clock, in the morning of the 8th of November, I passed by Mr. Baker's premises, and observed the gates open—I went about half way up the yard, and observed the warehouse door stood open—I came outside the gate, and waited till Thurston came round—we went into the warehouse together, and saw, just against the door, a candle and candlestick—I felt the candle was warm—we went into the shop, and observed the counting-house had nearly the whole of a pane of glass taken out and the counting-house open—the key of the door was inside, and by putting an arm in, they could open the door of the counting-house—there were no marks of violence on the outer gates or the warehouse doors—I went and called Mr. Baker, who examined further with us, and by his desire we went, at a little after two o'clock, to Daggett's-court, Moor-fields, where Bignold's mother lived-Bignold was not at home—I searched the rooms and could not find him—on returning to the prosecutor's the same morning, I went up into a loft, and saw some bags behind the trap-door, which looked as if some person had been lying down on them, from the impression on them.

Cross-examined. Q. Where is the loft? A. Over the warehouse—the bags were flattened down, as if a body or something had been upon them—there were no marks of legs or any thing—I could not tell whether it was a person had been on it—they were empty sacks—I had my lamp.

HENRY THURSTON (police-constable G 55.) On Thursday, the 8th of November, I went on duty at nine o'clock—atone o'clock I tried Mr. Baker's gates, and they were all safe—I examined again at a quarter past one o'clock, and they were open—I saw Kidney at the gate—I went with him into the yard and warehouse, and saw what he has described—I found a knife lying close to the counting-house door, with putty on it—it would take out a pane of glass—I went with Kidney and Mr. Baker to Bignold's mother, No. 6, Daggett's-court, Moorfields—we did not find him there—I waited there till six o'clock, and then finding he did not come home, I returned to Mr. Baker's-and about a quarter past seven o'clock he came—I asked him where he had been last night—he said, "To Sadler's—there wells Theatre"—I asked what he saw there—he said he could not tell me any thing about it—I asked where he had been the rest of the night—he said, "Walking about"—I asked if he had been in company with any body else during the night—he said, "No"—Mr. Baker asked him several questions—I took him into custody, and searched him, but found nothing on him but an old pocket-book and 6d.

JOHN BAKER . I am an ironmonger; my premises are in the parish of St. Luke, Middlesex. I went to bed about half-past ten o'clock, on the 7th of November I—was called up by two officers soon after one o'clock, and found my desk in the counting-house broken open—I had locked it

the night before, and also the outer door leading from the counting-house into the warehouse, leaving the key inside-by the glass being taken out, no doubt they put a hand through, and unfastened it, as the key remained in it—I lost from my desk a tin japanned cash-box, of a peculiar pattern which I sell myself, and never had any other—(produced)—I can swear to it from the pattern as well as something inside—there were nine sovereigns, about 1l. in silver, and a £10 note in it, with various bills of exchange to the amount of about 580l.-various receipts, of no use to any body, three memorandum books, with red covers, and a bunch of keys—the bills of exchange were drawn by myself, and accepted by the parties, but not endorsed—they were available securities to me—I accompanied the policeman to Bignold's mother's house—he had given me his address, No. 6, Daggett's Court, Eldon-street, when he came to me—he came about a quarter past seven o'clock next morning, and was very warm—I asked where he had been to be in such a heat—he said he had been running—I asked where he came from—he said, from a coffee-shop in the Commercial-road—I asked if he had not been home—he said he had not—I asked where he had been the night before—he said, to Sadler's Wells theatre—I asked him two or three times if he went and returned by himself—he said he did-in consequence of something I had previously heard, I asked him who had a pot of beer with him on the Tuesday evening—he said a boy of the name of Hughes—I asked when he saw him last—he said he had not seen him since that Tuesday night—I asked if he had been to the theatre with him—he said he had not—I gave him into custody—Commercial-road is a mile or a mile and a half from my house.

Cross-examined. Q. How much was he behind his time? A. About a quarter of an hour—Commercial-road is in a different road to Sadler's Wells—I understood from the policeman that he had been to a coffee-shop—he said he ran because he was late—I am quite sure I mentioned to him about having been with the boy—I asked him the boy's name, and he said Hughes.

JURY. Q. When did you last see your money? A. About eight o'clock that night—it was safe then.

SUSAN GINGELL . I live with my father and mother. My father is a lighterman, and my mother makes umbrellas—I went to live with the prisoner Hallan near upon four months ago-previous to that, I lived with my father and mother, and assisted my mother in business-Hallan and I resided in Dock-street, Commercial-road—while there, one Saturday Hallan brought home a person named Hughes, and he was with us about a month—he had been with us about a month on the 7th of November—on the afternoon of that day, Hallan and Hughes told me to get their tea ready, for they were in a hurry to go out—I proceeded to get it, but could not get it in time, as they wanted it by five o'clock, and they took their bread and butter, and went without it—I saw Hughes take a box of lucifers which were on the shelf, and put them into his pocket, and I took them out again, but after they were gone I missed them and a piece of candle-Hallan came home about seven o'clock alone—he said he had been to his mother's, and was then going to his club, and went out—I sat up for him, having some work to do, and at about half-past one o'clock on Thursday morning Hughes and Bignold came in—I had seen Bignold once before, but never to speak to him—they got in as the street door was left ajar for Hallan-they

came in in a very great hurry—I asked Hughes what made them in such a hurry-Bignold could hear what I said—they were both together-Hughes said it was nothing to me, and then he called Bignold into the back-yard—they came into the room again in a very few minutes, and Hughes asked where Hallan was—I said I did not know—they said they would go and find him—they both left, and came in in a quarter of an hour with Hallan—they all three came into the room-Hallan told me to go and get him some beer—I told him I should not go out at that time in the morning for beer for him—he said, I should go, and I went and fetched him a pint of beer, and Bignold went with me to the Kinder Arms—I got the beer, brought it back, and when I came in, I saw Hughes and Hallan kneeling on the mattrass—I saw some gold and silver, and likewise a tin box about the size of the one here—there was a fire in the room, and there appeared a quantity of papers burnt, and there was a book on the fire with a red cover—I asked them how the money and other things came there-Hallan said it was nothing to me—they appeared to me to be sharing the money between them, as they were all three round the money at the mattrass-Hughes put a four-penny piece into my hand and took it out again-each of them took up part of the money-Bignold then gave me 1l. 17s. 6d. to mind for him till Friday night, and he gave me 1s.—I had seen him once before, but had not spoken to him—they stopped there till about half-past five o'clock-Hughes and Bignold then went out, and I did not see the box after-Hughes came back about a quarter past seven o'clock, and had breakfast with Hallan and me—about eight o'clock Hallan asked me if I had seen any thing of a piece of paper—I asked what sort of paper—he said, "Never mind that," and Hughes showed me a little while after a note-as he held it I could not see what it was, and asked him—he said, "If you must know, it is a 10l. note," and when he opened it I could see it was a £10 note-Hallan was present then-Hughes went out and came in, saying he had been to get it changed—he brought back some gold and silver—he gave Hallan some of it, and they gave me 1s. a piece—this was on Thursday—I heard no more of it till Friday night, when Hughes came to my place—I was by myself then.

Cross-examined. Q. Did you live with any body before you lived with Hallan? A. No, I lived with my father and mother before him, nobody else—I did not call him husband—I do not know any thing about Dock-street—I do not think the people are much good that live in it—I cannot tell how many people lived in the same house with us—I am seventeen years old next April-Hallan told me he was twenty in March—I do not know what club he belonged to—he would not tell me—he treated me as his wife, and supported me—I did not support myself at all—I lived on what he gave me—that was all.

Q. Why did you say you should not go and fetch a pint of beer for him? A. I did not think it a proper time to go out for beer—I was not in the habit of being out late at night—I know Mrs. Griffiths and Mrs. Farrell—I lodged in the same house with them, but not in Dock-street—it was in James-street where I lived with Hallan before we went to Dock-street—we had not been in Dock-street a week—I know it was Wednesday afternoon, the 7th of November, that he told me to get his tea—when I saw these things about I thought it was time for me to take the day of the month down—I put down the 7th—I knew what the month was—I cannot write, but I can make a figure—I first mentioned about this on the Saturday morning after

the 7th of November, to a young woman named Scaife, an umbrella-maker—she is not here—on the Monday two officers came to me in Dock-street—Cox was one of them—I am quite sure Hallan was the first person I went to live with—I worked with my father and mother up to that time—I lived in no other house but theirs till I went to live with Hallan.

Q. How came you to go to live with him? A. I was in a room at a raffle with Scaife on Monday night-Hallan said he wanted somebody to be with him, and he took me to where he lodged on Wednesday morning, and I went—I do not know the name of the street—I never noticed it—I remained with him till he was taken into custody.

MR. DOANE. Q. Was Hughes living with you and Hallan before you went to Dock-street? A. Yes, in the same room.

COURT. Q. Had you any quarrel with Hallan? A. No—I only thought it not a proper time to go out for beer—my first acquaintance with Hallan was at the raffle on the Monday—I saw him again on Tuesday morning—he asked me to go and live with him at his landlady's, Mrs. Wilson, and I stopped at his landlady's on the Wednesday.

Hallan. The raffle was on Monday night—she was out with me then—I got a lodging on Wednesday, and she lived with me ever since—she was frequently out till between one and two o'clock in the morning—I did not like it, and we had a bit of a quarrel—I have heard since I have been in Newgate that she said she never liked me, and that she would do for me whenever she could get me out of the way. Witness. I never said any such thing—I did not give information about this till I was taken to Worship-street—I was seat to Clerkenwell for two days before I gave evidence.

JURY. Q. Did you and the two men sleep in the same bed? A. No—I and Hallan laid on a mattrass, and Hughes slept on the floor in his clothes every night—he never had any bed or blanket—I believe Hughes is about seventeen years old, from what I have heard him say—I was not present when the note was changed, but Hughes said, in Hallan's presence, he had been to Horsley's—I stated so at Worship-street.

Hallan. Hughes was a poor boy out of place, and he used to sit up in my room—I gave him a share of what I earned by going round selling things.

GEORGE BURROWS . I keep a coffee-shop in George-terrace, Commercial-road. I saw Bignold at my house on Thursday morning, the 8th of November, about twenty minutes to seven o'clock, company with Hughes—they both had breakfast there, which Hughes paid for—they stopped about ten minutes—it was about ten minutes to seven o'clock when they went.

Cross-examined. Q. How far is that from Sun-street, Bishopsgate? A. About two miles-a person must run to get there by a quarter after seven o'clock—I had not seen them together before, to my knowledge.

BENJAMIN WILLIAM DOWDKSWELL . I am eight years old, and live with my mother, in Waterloo-terrace, Commercial-road East One Saturday afternoon, about four o'clock, about a fortnight ago, I was playing by my mother's house, and found a tin box near some palings which divide a field from the road opposite my mother's house—it was the box produced, to the best of my knowledge—it was shut when I found it—I took it home to my mother, to look at, and gave it to my aunt, as my mother was not at home—my aunt is not here.

WILLIAM PEARCE . I live at Pimlico. I was committed to Clerkenwell

prison this month, on suspicion of stealing a whip—I was tried and acquitted—while I was in prison Bignold was brought in—it was the 7th or 8th of this month, I believe, but I will not be certain of the day—he was confined in the same yard with me—after he had been there a day or two he asked what I was there for—I told him about a whip, and asked what he was there for—he told me he was not there for a trifling thing, but for a 600l. job—I believe that was the word he said—I asked him where he stole it from—he told me he was the person that took his master's cashbox from the counting-house—he said he was in the employ of Mr. Baker, an ironmonger, near Finsbury-square; that on the night the robbery was committed he concealed a boy in his master's house, with the intention of letting him (Bignold) in when he should come—he said he let the boy in in the dusk of the evening, before it was dark—I asked him if he took the box himself—he said, "Yes," he broke the desk, and took the box himself—he said there were three concerned in the robbery, and one was outside, to lull the attention of the police who might go by while they were both in—he said what was in the box amounted to about 600l., bills, and gold, and silver—he said he came to work near his time next morning, that his master should not have any suspicion of him—that he was questioned about where he had been, and said he had been to Sadler's-wells Theatre, but he had not been there—this conversation took place in the kitchen adjoining the yard where the prisoners are—it was not all at one time—it was talked of two days, I believe, on the 10th and 11th of November.

COURT. Q. Had you been told to put any questions to him? A. No, but as he asked what I was there for, I asked about him; and as I named it to a respectable tradesman near Finsbury-square, he thought it my bounden duty to name it to Mr. Baker.

Cross-examined. Q. Pray what are you? A. I have been a gentleman's servant—I am now living at home with my wife—I have a house at Pimlico—I was examined at Queen-square about the whip—I was with the party who had it, and they told the Magistrate they had not the least doubt I took it with the intention of stealing it—he did not say afterwards that he did not believe I intended to steal it—he said so when I was tried—that was not the reason I was acquitted—I do not know whether there was a flaw in' the indictment—I think the prisoner came in on the Wednesday or Thursday, but I am not certain—the conversation did not take place in the prisoners' yard—it was in the kitchen on both occasions, and I think it was spoken of in the bed-room where we both slept—I suppose there were twenty persons in the kitchen at the time he told me this—I was discharged on the 13th, I believe either Tuesday or Wednesday—I think I was examined about this on the 20th—I think it was the day after I was discharged—it was not a week after—I do not think any of the other persons could have heard this conversation, because he spoke very inwardly—I did not make any memorandum of it—there was no occasion—I had it correct in my memory—I had no pen and ink to do it, and I cannot write at all—I made my mark before the Magistrate.

Q. Who did you have the conversation with, between the time of your being discharged and going before the Magistrate about this matter? A. Mr. Dimsdale, the saddler, on the Pavement, Little Moorfields—he does not live many rods from Mr. Baker—I live four miles from there—I went to Mr. Dimsdale about a set of harness, having known him many years, and named it to him.

MR. CHAMBERS. Q. How soon after you came out of prison was that? A. The next day—it was through him I went to Mr. Baker, and after making the statement to him, I went to Worship-street—there was never any charge made against me, except about the whip—I have been in the service of Captain Vandeleur—I left the late King to go there—I was there as livery-helper two years—Captain Vandeleur then went to Ireland, and I lived with other noblemen.

ANN BOWMAN . I am the wife of Allen Bowman, of Charles-street, Globe-fields. Hallan is my husband's son by a former wife—his name is Bowman—he sells fish in the street, and so does my husband-last Thursday fortnight, between eleven and twelve o'clock in the day, he came to me to help me to move, and he gave me seven sovereigns to take care of—he had 1l. back the next day—I returned the six to the officer on the Tuesday following, when I and my husband were taken into custody—the prisoner had been in the habit of giving me money to take care of—about twelve months before he gave me some—I really cannot say how much—it was 3l. or 4l. I know—he has laid out as much as 5l. or 6l. in goods which he has bought, and he could get a good living—I believed it to be his own money, when I received it.

MATTHEW PEAKE . I am a policeman. I produce the cash-box which I got from a person named Horsfall, a pilot—he is not here—I got six sovereigns in a tobacco-box from Mrs. Bowman—I have also a £10 note, which I got from the Bank of England.

WILLIAM WYNNE WILSON . I am clerk to Spooner and Co., bankers. I paid this £10 note, No. 98, 701, to Mr. Baker, on the 7th of November.

JOHN COX . I am a policeman. On the 12th of November I went to No. 24, Dock-court, Commercial-road, and-found the prisoner Hallan sitting by the fire-side, with Sarah Gingell—I took them both into custody—I found 9s. 6d. on Hallan-Gingell did not make any communication to me—I heard of her information from Peace—I do not know Pearce at all.

Cross-examined. Q. How long was Gingell in custody? A. About two days—she gave evidence then.

MR. BAKER re-examined. Pearce came to me, and made a statement, in consequence of which I went to Worship-street with him, after going to Mr. Dimsdale, the saddler—I do not remember the day his deposition was taken—this is my cash-box—I know it by this mark—one day I thought it was locked, and took hold of the handle—it came open, and the inside part fell to the ground and broke, and here is where I had it mended—I believe the Commercial-road is about two miles from my premises.

MATTHEW PEAKE re-examined. The boy Doudeswell showed me where he found the cash-box—it was just half a mile from Dock-street, and about half a mile from the coffee-shop—it was not in a direction between the coffee-shop and Mr. Baker's—it was further down the road, below the coffee-shop, and out of the way, both of Mr. Baker's and Dock-street.

BENJAMIN VICKERY re-examined. I did not go into the loft, when I looked over the premises the night before—we never examined the premises so minutely, particularly the loft, as there was gunpowder, there—I afterwards saw the sacks in the loft—there appeared as if somebody had been sitting on them.

Q. Could any body be let in before dusk, without observation? A. At one time of the day, about five o'clock, the parties on the premises go to

tea, and from that, to half-past five o'clock, it could be done, as there is nobody on the premises but myself.

Hallan's Defence. The money I gave my mother I worked for for six months—I deal in raspberries, and haut boys, and fish in the season—I go down into the country, for a week or a month together, with articles to sell, and I saved that money up to go into the country this winter—I had a few shillings paid me on the Monday.

(Elizabeth Edwards, the wife of a Custom-house officer, Morgan-street, Commercial-road, gave Hallan a good character.)


HALLAN*— GUILTY . Aged 19.

Transported for Ten Years.

NEW COURT.—Wednesday, November 28, 1838.

Sixth Jury, before Mr. Common Sergeant.

26th November 1838
Reference Numbert18381126-24
VerdictGuilty > pleaded guilty

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24. JOSEPH JACKSON was indicted for stealing, on the 2nd of November, 1 watch, value 10s.; 1 watch-chain, value 6d.; and 1 watch-key, value 1d.; the goods of David Jones, to which he pleaded

GUILTY . Aged 25.— Confined One Week.

26th November 1838
Reference Numbert18381126-25
VerdictGuilty > pleaded guilty

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25. SAMUEL JOHN GREEN was indicted for stealing, on the 1st of October, an order for the sum of 2, 499l. 9s., the property of Lionel Nathan Rothschild and others, to which he pleaded

GUILTY . Aged 19.— Transported for Seven Years.

26th November 1838
Reference Numbert18381126-26
VerdictGuilty > unknown

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26. RICHARD GOWLAND was indicted for stealing, on the 18th of November, 1 order for the payment of 4l. 5s. 2d. the property of Charles Shaw, his master.

MR. CLARKSON conducted the Prosecution.

CHARLES SHAW . I am an attorney-at-law, and live on Fish-street-hill, The prisoner was in my service—I perceive by the Law list that he has been an attorney himself—I agreed to pay him after the rate of 100l. a-year, but as he conducted himself well the first fortnight, I gave him 2l. a week—(in consequence of an application from him I advanced him 5l., and he came into my service on the same day)—I received a cheque for 4l. 5s. 2d. from Peering and Mincett, late in the evening of the 7th of November—I placed it, with other cheques and bills, in my private iron chest, and locked it when I went away at night—it stood in my private room—the clerks had a right to go into the room for papers—it was my practice to open the chest in the morning, and unless I was going out for any length of time I left it open-no clerk had any right to go to my iron safe without my special directions—I had never directed the prisoner to go to it for this cheque—I did not examine my drawer till the afternoon of November 8th, and then I missed the cheque—I might have been fifteen or twenty minutes absent from my room on that day—my name is written on the back of the cheque, but it is in the prisoner's hand-writing—the prisoner was not at the office then—he had been there part of that day—I find by the book he had received in advance 10l. or 12l.

Prisoner. Q. What day was it taken out of the iron safe? A. On the 8th, and paid on the 8th-you were allowed to sit in my office when your presence might be necessary for me—I cannot say whether you took

the cheque out while I was there or not, but I never authorized you to take it out at all-your general authority was the law business of my office, and no other—the key of the iron safe was in it the whole of the day—the cheque was shut in the drawer—I am quite confident of that—it would have been a breach of trust for you to have taken cash out for office disbursements, without my special direction-you did not return the following day—when you returned on the Saturday, I reproached you for your absence—I accused you of taking the cheque, and ordered you to make up your book—I do not recollect observing that I required all cheques to go through my bankers—I may have done it—I objected to your taking any thing out of my private drawers—I have got my letter book—I have no doubt there are many letters signed by you, of which I had no cognizance, but I saw them, and permitted them to go out in your hand-writing-you were managing clerk.

Q. Supposing that I came to my duties on Monday, the 12th of November, would you ever have prosecuted? A. If I had examined and closely investigated your book, I should have followed up this prosecution-you have introduced two clients, one I have seen, the other I have not—I do not know whether they are clients or not—there was a policeman in the office when you returned, for some other purpose—I then taxed you with having robbed me to a considerable extent, and told the policeman to take note of it—I believe I requested you to call on the morrow, and you did, and having closely investigated your book, and seen a great waste of my money, I had you taken.

MR. CLARKSON. Q. When you were in the country did you leave your key? A. No, I took it with me—no one would have had any authority to go to the safe.

Prisoner. Q. Have I not to your knowledge, without your special permission, gone to the iron safe, and taken out deeds? A. I am not aware that any one deed was taken oat without my special direction—I am not aware that I specially mentioned that you were not to go to my iron safe, but I stated that it was my private depository—the 4l. 5s. 2d. was entered, but not till after I had taxed him with the robbery—he did not return to the office till late on Saturday.

MR. CLARKSON. Q. At the time it appears the cheque was taken, were you in advance 10l. or 12l. to him for office purposes? A. Yes, I gave him a cheque for 15l., and he has never accounted for more than 8l.

HUDSON GOOD . I am one of the clerks in the London and Westminster bank. This is our cheque—we paid it—the cashier is not here, but I have his book to prove it has been paid, and charged to James Atkins and Son, who are customers of ours.

Prisoner's Defence. Under any circumstances I should feel extreme difficulty in addressing a Court in the humiliating position I am in-from his lordship's hands I expect every thing that justice can give, and from your hands, every consideration it deserves; be your verdict guilty or not, it is to me equally indifferent. If guilty, I shall receive it with that deep humility which I ought to feel: if not guilty, I shall leave this bar with the painful reflection that I have been here a criminal, which is to me the same as guilty. I avail myself of this occasion publicly to thank the prosecutor for the clemency he showed to me during the short time I was with him. I do not say this with any desire that he should recommend me to mercy, nor do I beg his Lordship to abate one iota of the punishment due to me

There are those in Court whom I know, and who would willingly have rendered me their assistance, but I would not accept of it; I only wish you to decide on the facts of the case, and if you consider that in this transaction I intended to injure or defraud Mr. Shaw, find me guilty; if you think, on the other hand; I did not premeditate an injury to him, your verdict will be, not guilty; but knowing the indictment is not true, I would not plead guilty; having done the prosecutor right, I feel I ought not to do myself wrong; and before Heaven I declare, I meant not to injure Mr. Shaw. The charge is, that I took out of his iron safe a cheque for 4l. 5s. 2d.; when I entered into the employ I entered as confidential clerk, as one acting for him, and under all circumstances as he would have done if present; on many occasions I went to the iron safe, and very frequently while he was in the office, and he never at all objected to my doing so.

COURT to CHARLES SHAW. Q. This was on the 8th? A. Yes, and it was paid the same day, which was Thursday—on Friday he did not come—he came on Saturday—I charged him with having taken the cheque out of my safe—he looked confused, and admitted he had taken it, and then it was put down-all the receipts were me, and for office purposes he had a cheque marked "Office"—that was my invariable rule.

Prisoner. Some observation has been made with reference to the time I made the insertion in the cash-book—I declare most solemnly that every evening when at the office, I made it up, and therefore I do not mean that Mr. Shaw intentionally says wrong in saying that it was not made up from the Saturday before, but it is wrong—I could not make the entry before I received it, and when I returned on the Saturday I entered it—the only observation Mr. Shaw made was in consequence of my making an observation to him about two or three days before—I had made out the costs in a particular; action, and when I came on Saturday the 3rd, I asked him if the costs had been paid—the answer he gave was that they had been paid by cheque, and that that cheque was in his iron-safe—he went out in the course of the morning—on the 8th I had no money for disbursements at the Temple where I had to go—it was imperative that the business should be done, and I thought I could properly take it—I went and took it out, it was only over London-bridge a few steps, and I got it—I went to the Temple, and that is the head and front of my offending, no more-out of little things you may make great deductions—when I returned to the office, Mr. Shaw objected to my absence, very properly—I had been out—he looked over my book, and said there was a balance due to him—I said "Yes," and implored him to let me come to his office again—he said he would hot—I must, next morning, make up the balance due—I said I would do all I could—he said, "Call to-morrow morning," and he said to the policeman, "I shall give him into custody unless he brings the money to-morrow morning"—I said I was conscious I had not contemplated any injury, and I did return—that is all I can say—I am sure you will give the case that consideration it deserves, and ask yourselves whether I could intentionally have contemplated a fraud.

(The prisoner received a good character.)

GUILTY . Aged 41.—Recommended to mercy by the Jury and Prosecutor.

Confined Three Months.

(There was another indictment against the prisoner.)

26th November 1838
Reference Numbert18381126-27
VerdictGuilty > with recommendation; Guilty > with recommendation; Guilty > with recommendation
SentenceImprisonment; Imprisonment

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27. DAVID GRAHAM, THOMAS DEAN TETSALL , and ELIZABETH THUMWOOD , were indicted for stealing, on the 4th of October, looking-glass and stand, value 1l. 4s.; I chest of drawers, value 1l. 11s.; table, value 12s.; 2 beds, value 2l. 8s.; 1 bolster, value 6s.; 3 pillows, Value 5s.; 5 sheets, value 5s.: 1 mattrass, value 4s.; 4 blankets, value 6s.; 1 pair of trowsers, value 2s.; and I copper, value 1l. 10s. the goods of George James.

MR. BODKIN conducted the Prosecution.

GEORGE JAMES . I am a house-agent and appraiser, and live at Hampstead. I have two houses, Nos. 23 and 24, Charles-street, Holborn, where I deposit goods-Graham was in my service in September last—he has been so for little more than a year and a half—it was his business to look after the furniture there, and also to collect rents—Tetsall was employed occasionally, and Thumwood is the daughter or daughter-in-law of Graham—I went there about the 20th of September, and missed some articles -Graham and Tetsall were both there on that occasion—I complained of some things being missed, and took an inventory of them-neither of them gave me any explanation of those things—there was a chest of drawers, a copper, a table, and some bedding in the warehouse where Graham was—there was an old coat and trousers of mine which were usually kept in the drawers of that chest, but I am not quite sure they were there then—I went there again on the 6th of October, and missed the chest of drawers, the copper, the bedding, the coat and trousers, and some other: things-Graham was gone—I found Thumwood there in the evening just as it was dark—she was in the yard near my back ware-room—I said, "Where is your father?" and I told her the things were missed—she gave me no account of them—she slipped away—I saw her again in King-street, and gave her in charge—she had a bundle with her which contained the coat—after I took her to the station-house, she said Tom had been in it, and if I would not hurt her, she would go and show me where the rest of the goods were—she did so—I did not promise not to hurt her—I asked her for the looking-glasses—she said they were pledged, and the duplicates were at Mrs. Hawkey's—that Tom had sold the copper for 18s. in Eagle-street, and she had 3s. 6d.-5s. he had himself, and the rest Graham had—I saw Tetsall on the Monday following at the Fleet Prison—I brought him out and said, "I give you in charge for taking a copper away belonging to me and selling it"—he said, "I know I took the copper and sold it, but Graham hired me to do so"—I asked him where it was sold—he said that was best known to himself—on the Monday morning I went to Mrs. Hawkey's, in King-street—I found there a quantity of bedding, and the duplicates had been there, but she said they had been taken away—I found there an old bed and mattrass, and old sheets and blankets, and a bolster-neither Graham nor Tetsall had authority from me to remove these things.

Graham. You put me in possession, to sell any of those things I thought proper. Witness. No, I did not-you did not sell a clock to Mrs. Brown—the money was left with you, but I sold the clock—the woman living on the premises said, "Leave the money below," and she did.

Tetsall. I was in the Fleet Prison when the property was stolen—I was there from the 30th of September till he took me.

Thumwood. Did I not buy four cane-bottomed chairs of you? Witness. Yes, and four rush-bottomed chairs.

MR. BODKIN. Q. Had Tetsall the means of knowing that Graham had no authority to sell any thing from that place? A. Yes, he had.

ANN BROWN . I live in Charles-street. I know where the prosecutor keeps furniture—on the 4th of October, at three or four o'clock in the afternoon, I saw Graham removing a chest of drawers, and two men, who are not here, were helping him—after that I saw two women go out with the bundles-Graham was in the parlour very much intoxicated—that was the place where they removed them from—he must have seen them.

Graham. Q. What time was it? A. A little after four o'clock, and one of the women brought in a pot of beer.

ANN HAWKEY . I live in Clement's-lane. A bed and some bedding were found in my lodgings—Thumwood brought them there, I believe, but I was not at home-neither of the prisoners came to me after that before the officers did, but I met Thumwood in Drury-lane, and desired her to take her father's property away which was in my place, that was, the bed and bedding, and then Mr. James came and took the things, and asked if any duplicates were there, and he had some from a jug which were Mrs. Graham's, and I showed him some of my own.

HENRY NEWMAN (police-sergeant F 18.) On the 6th of October I met Thumwood in Drury-lane, and took her—she had a bundle with this coat in it, which was claimed at the station-house by Mr. James—I took Tetsall—I was present when he said he had sold the copper for 18s., but Graham either gave him leave or hired him to do it, I am not certain which.

JOHN POOLS . I am shopman to Mr. Bassett, a pawnbroker in Great Queen-street. I have a looking-glass pawned on the 2nd of October by Thumwood.

Graham's Defence. I entered his house on the 1st of July, and was to have two rooms for taking care of the house, and by so doing these things came to my house—he used to bring things to me, and brought the copper for one—I said I did not much fancy it—I continued there—my door was broken open, and my things taken away, and it was thought I had bad a hand in selling these things—I know no more of them than the man in the moon—my own mattrass and kit, and leather, were taken by two men whom I have never seen since—I did not see the copper go away—I mended a pair of shoes, and made a pair of boots for the prosecutor, which came to 18*.—I said I should take the drawers for it.

Tetsall Defence. On the 30th of September I went to the prosecutor's to get a balance he owed me, part of which he paid me, and I told him I was going to the Fleet prison as messenger—I was so employed on the 4th and the 6th, and it is not likely I should go and tell him where to find me if I had committed a felony—he came on the 8th and gave me into custody—on the 24th of September I was in possession of a house of some ladies at Hampstead—the money was paid, and as he got an entry by foul means, the ladies asked me if I would give my residence—I said yes, I would—that is the only reason I can give for his conduct on this occasion—I have been well known in the Fleet, and have been there sixteen months.

GEORGE JAMES re-examined. There is not one little of truth in this—I

never heard a syllable of it before—I had a distress against those ladies, and employed the prisoner there—I did not sell Graham the glasses—he did not tell me he should take the drawers.

Thumwood's Defence. I was not there at all when the things were taken away—my father had a pair of shoes to make, and the coat was there, and I thought it was my father's own—the glass that I pawned was bought.

(The prisoner Graham received a good character.)



Confined Three Months.

THUMWOOD— GUILTY . Aged 32. Confined One Month. The prisoners were recommended to mercy by the Prosecutor.

26th November 1838
Reference Numbert18381126-28
VerdictNot Guilty > unknown; Guilty > unknown

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28. MARY FRANCIS READ and ELIZABETH WILKINSON were indicted for stealing, on the 19th of July, 12 spoons, value 10l., the goods of Peter Anthony Stein Keller, the master of Read.

MR. BODKIN conducted the Prosecution.

LOUIS LEMANSKI . I am the brother-in-law of Peter Anthony Steinkeller. He keeps a house in Finsbury-circus, and is out of England—he went about two months ago-Read was in his service, and had been four months as cook—the plate was left in the kitchen, accessible to any person there—I received a communication from Raczynski, and found a quantity of plate was missing on the 28th—I had missed nothing before Raczynski told me of it—I went to the Inspector of police, and on the 2nd of November I went with him to No. 12, Canning-street, and found Wilkinson with her husband, and another woman—we charged her with stealing plate, and searched the house.

Cross-examined by MR. DOANE. Q. Has the prosecutor any other name? A. No—I do not live in his house, but I look alter it while he is away.

JOHN RACZYNSKI (by an interpreter.) I was in the prosecutor's service-Wilkinson used to come to the house—I do not know who introduced her-Read, the cook, said she was her friend—I missed some spoons, and other articles of plate—I told my master's brother-in-law.

Cross-examined. Q. Did you miss them at different times? A. Not till I looked over the plate.

HENRY LIEBRECHT . I am shopman to Mr. Sowerby, of Hoxton, a pawnbroker. On the 19th of July, Wilkinson pledged this tea-spoon with me, and on the 2nd of August she pledged this dessert-spoon.

Cross-examined. Q. She gave her own name and address? A. Yes.

JOHN ROBINSON . I am a police-inspector. I went to Wilkinson's, and received some duplicates-three of them correspond with the articles produced—she said she knew what I came for, and gave them to me.

(Property produced and sworn to.)


WILKINSON— GUILTY . Aged 38.—Recommended to mercy.

Confined Twelve Months.

26th November 1838
Reference Numbert18381126-29
VerdictGuilty > unknown

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29. RICHARD EVANS was indicted for stealing, on the 30th of October, 2 shawls, value 7s., the goods of Walter Brown Pretty.

THOMAS HODGE . I am shopman to Walter Brown Pretty, of Goswell-road,

a linen-draper. About a quarter-past four o'clock, on the afternoon of the 30th of October, I was spoken to by some one, and went out—I saw the prisoner putting two shawls into his pocket—he ran off, and dropped them—I took them up—they are my master's.

Cross-examined by MR. DOANE. Q. Where did you first see him? A. About twenty yards from the premises—the officer took him—I had the shawls put up in the lobby about three o'clock that afternoon—I saw him trying to put them into his pocket.

GUILTY . Aged 20.—Recommended to mercy.— Confined Three Months.

26th November 1838
Reference Numbert18381126-30
VerdictGuilty > unknown; Not Guilty > unknown

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30. PETER WILLSON , and PETER WILLSON the younger, were indicted for stealing, on the 17th of November, I puncheon, value 12s., the goods of George Firmin.

JOSEPH CALTHORPE CHAPMAN . I work for the prosecutor. I was passing along the Minories on the evening of November the 17th, and I saw the two prisoners rolling a puncheon along Swan-street—I thought it belonged to my master—I followed it to Mr. Chaplin's, in Cullum-street—I asked Mr. Chaplin if he knew those two men—he said he did by sight—I then asked the prisoners where they got it—the eldest said it belonged to him, he bought it—while we were looking at it, the eldest prisoner said he would go and fetch the man that he bought it of—he went off, and did not return—he was taken on the Monday—the younger prisoner, and the puncheon, were taken at the time.

JOHN CHAPLIN . About four o'clock, on the 17th, the two prisoners came to my residence, and said they had got a puncheon in a dilapidated state—I told them to bring it up—they returned in an hour or an hour and a half afterwards, and said they could not roll it there, but they wanted my truck—I would not lend it them, but said I would go with them—I went to the corner of Haydon-street, and saw the younger prisoner, but the puncheon was not there—I asked him if he knew where his father was—he said he did not—I told him to go and see for him—he went, and said he could not see his father—I went home and had some tea, and then the two prisoners came with the puncheon, and before I could look at it, Chapman came and recognised it—I took the candle out, and asked him to look at it particularly—I was to meet the prisoner at the corner of the street—I went to the public-house, and waited half an hour.

Willson, sen. There is something wrong about the time—I never left work till six o'clock. Witness. Yes, you came first at four o'clock, and then came again, wanted the truck, and then came with the puncheon.

Willson, jun. Q. Did you come and see me at the corner of the street? A. Yes, you were in a cart.

GEORGE FIRMIN . This puncheon is mine. I saw it safe about six o'clock that evening—I have understood the younger prisoner is very industrious and sober, and his mother chiefly depends upon him for support.

Wilson, sen. I was informed there was a job of work—one Webster knew that I dealt in casks, and he told me he had got a puncheon to sell—he said it was in a carman's yard, in Church-lane, that he had gone out, and left the stable locked—this was about three o'clock, and he said between six and seven o'clock I could see it—I went on to Mr. Pyat's, at Limehouse, and came home to tea—I then called on Chaplin for a truck, and asked him to purchase the cask—I went to meet the man

a bout half-past six o'clock, and he was there with the cask—this George webster asked roe 7s.—I told him I would give him 5s.—I rolled it away, and met my son at the corner of Prescott-street.

Willson, jun. I went with my father to Mr. Chaplin, and he told me to go to the corner of Haydon-street—I went there, but my father was hot there—I then met my father at the corner of Mansell-street, rolling the Luncheon.

JAMES WALTER BREWER . I am an officer. The elder prisoner told me that he had bought it of George Webster, but he could not find him—I took his son in the middle of the day, on Monday, and left word for the father to come to me, which he did.


Confined Three Months.


26th November 1838
Reference Numbert18381126-31
VerdictGuilty > unknown

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31. JOHN ROBINSON was indicted for stealing, on the 2nd of November, one pair of boots, value 5s., the goods of Nathaniel Claxton.

NATHANIEL CLAXTON . I live in Hampstead-road, and am a shoemaker. At half-past four o'clock on the evening of the 2nd of November, I received information from ray little girl—I went to my shop door, and saw the prisoner at a distance—I followed, and took the boots from under his jacket—they belonged to me—I told him he had stolen a pair of boots—he did not say anything—these are them—(looking at them)—I had seen I them a quarter of an hour before.

Prisoner. I was going down the road, and picked them up. Witness. They were safe outside my shop a quarter of an hour before.

JOHN WILSHIRE WATERS , (police-constable S 39.) I took the prisoner, and found this blue bag, quite new, and seven pairs of braces in his hat.

GUILTY . Aged 28.— Confined Three Months.

26th November 1838
Reference Numbert18381126-32
VerdictGuilty > unknown

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32. WHITCOMB NORRIS was indicted for stealing, on the 31st of October, 36lbs. weight of iron, value 8s. the goods of William Nicholls, his master.

MR. ESPINASSE conducted the Prosecution.

ROBERT DRUMMOND . I live at Adams Mews, Edgeware-road, and am foreman to William Nicholls. He is a road contractor—the prisoner was in his employ, and was at work at his wharf—there were some iron strakes there—the prisoner had twelve of them, and had been doing something to them—I missed three of them—I have the three here—I have compared them with the nine remaining, and they exactly correspond.

Cross-examined by MR. DOANE. Q. Was there one Young in your service? A. Yes; and the property was found in his jacket, which was on the prisoner's back—the jacket was returned to Young—Mr. Nuttall's yard is near ours—I do not know whether he has any property of this description -Young had no business there, without he went there at dinner-time—we have no communication with Nuttalls—I have no marks on this property—I have compared it with the others—the holes correspond.

CHARLES HIERONS . I was a police-constable. On the evening of the 31st of October I saw the prisoner at the corner of Wharf-road, with a jacket on his shoulder—I asked him what he had got there—he

said his mate's jacket—I said it was a very heavy one—he said "Yes, there is some old strakes in it"—I took him, and asked where he worked—he said at Mr. Nicholls's—he told me he had got the strakes from a yard opposite—I found two old strakes and three pieces in his own jacket, that appeared to be recently broken, and did not make a complete piece—they wanted one piece—it weighed thirty-six pounds—I went back to Nicholls's wharf, and saw Young there, without his jacket—it is part of a yard that Mr. Nicholls rents of Mr. Nuttall.

MR. ESPINASSE. Q. Did you hear the prisoner examined? A. Yes; what he said was taken down—I know Mr. Hoskins, the Magistrate's, writing—this is his writing—it was read over to the prisoner—it was not signed by him.

MR. DOANE. Q. You have been in the habit of seeing Mr. Hoskins write? A. Yes; I saw him write this—I heard it read over to the prisoner-nothing was said to him after it was read over—he was not asked to sign it—I signed it.—(read)—"The prisoner says, I went to get my mate's jacket—the iron was on a lump of stone, and I took it—it was in another yard."

CHARLES HIERONS , re-examined. The prisoner was going away from where Young was—he was going to the Edgeware-road—I took him to the station-house, and found Young in the yard—it was about half-past six o'clock, and after working hours.

(The prisoner received a good character.)

GUILTY . Aged 24.—Recommended to mercy.— Confined One Month.,

26th November 1838
Reference Numbert18381126-33
VerdictGuilty > unknown; Guilty > unknown

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33. CHARLES MILLER and DAVID WILLIAMSON were indieted for stealing, on the 1st of November, 4 handkerchiefs, value 3s., the goods of James Norman.-2nd Count, stating them to be the goods of John Saunders.

JAMES NORMAN . I live at Uxbridge, and am a mealman. On the 1st of November I lost three handkerchiefs—they were sent to be washed.

MART SAUNDERS . I am the wife of John Saunders, and wash for James Norman. I hung out the clothes on the 1st of November, and these three handkerchiefs—I saw them safe at three o'clock in the day—they were gone at half-past four o'clock—these are them—(looking at them.) DAVID COOPER. I am a police-sergeant. Between seven and eight o'clock on the evening of the 1st of November, I apprehended Williamson—the prisoners were both together, Winder apprehended the other prisoner—I found in Williamson's pocket one handkerchief, and round Miller's neck another—the other handkerchief was found on Miller by Winder.

Miller. We were going down the yard and picked them up.

MARY SAUNDERS re-examined. My yard is a thoroughfare.

MILLER*— GUILTY . Aged 14.)


Transported for Seven Years to the Isle of Wight prison.

26th November 1838
Reference Numbert18381126-34
VerdictGuilty > unknown

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34. CAROLINE NICHOLSON was indicted for stealing, on the 26th of October, 1 shirt, value 5s., the goods of Edward Gedge.

ANN GEDGE . I am a widow, and lodge in Belgrave-street, New Road, I had hired the prisoner to clean my steps and do other things. On the 20th of October, I sent her away at four o'clock, and told her to return at six—she did not return—I went to the station-house when the officer came

too fetch me—I saw a shirt of my son Edward's, and the prisoner was there—I asked where she got it—she told me from among the dirty linen.

WILLIAM PERRY . I am shopman to Mr. Robinson, a pawnbroker, In Charlton-street. This shirt, which the prisoner brought to the shop on the evening of the 26th of October, she asked half-a-crown for—I asked her whose it was—she said her father's—I saw it was marked, and asked her name—she said Barber, and she lived in Ossulston-street—I went there, and then she said Welsted-street, and finding that was not right I took her to the station-house.

Prisoner. I had bad advisers

GUILTY . Aged 16.—Recommended to mercy by the prosecutrix, who promised to employ her again.— Confined Three Days.

Fifth Jury, before Mr. Sergeant Arabin,

26th November 1838
Reference Numbert18381126-35
VerdictGuilty > pleaded guilty

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35. JOHN GILL was indicted for stealing, on the 26th of October, 4 printed books, value 15s., the goods of William Ambrose Mason; to which he pleaded

GUILTY . Aged 22.— Conflned Three Months.

26th November 1838
Reference Numbert18381126-36
VerdictGuilty > pleaded guilty

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36. WILLIAM THEED was indicted for embezzling, on the 12th of September, 1l. 1s. 4d., and on the 13th of September, 1l. 1s., and on the 22nd of September, 12s., the monies of George Budd, his master; to which he pleaded

GUILTY . Aged 36.— Transported for Fourteen Years.

(There were two other indictments against the prisoner, to which he also pleaded guilty.)

26th November 1838
Reference Numbert18381126-37
VerdictsGuilty > pleaded guilty; Guilty > unknown
SentencesImprisonment; Imprisonment

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37. THOMAS DAVIS was indicted for stealing, on the 25th of October, 1 coat, value 3l., the goods of James Bischoff; 1 coat, value 4l., the goods of George Bischoff: and SAMUEL DAVIS , for feloniously receiving the same, well-knowing them to be stolen; against the Statute, &c.; to which Thomas Davis pleaded

GUILTY . Aged 17.— Confined Six Months.

JAMES BISCHOFF . I live at Islington. This coat is mine—I did not authorize the prisoners to get it.

GEORGE BISCHOFF . I am the prosecutor's son—one of the coats is mine.

FRANCIS THORNS . I am the prosecutor's servant. The prisoner Thomas came to me and had the two coats from the house—the prisoner Samuel was not there—I followed Thomas, and Samuel received one of the coats from him.

ANN HART . I am a servant in the prosecutor's family. I remember the coats being asked for by Thomas Davis—he came alone, and obtained them of me—I know nothing of Samuel—I did not see him.

THOMAS POTTINGER . I am a tailor. I did not send for the coats—I know nothing further of it.

WILLIAM POTTINGER . I keep a shop. I did not send either of these prisoners for these coats.

FRANCIS THORNE re-examined. I followed Thomas Davis, and the prisoner Samuel joined his company when he got two or three hundred yards from the house, and they got into a run together—I followed them to a public-house, and I tried to get a policeman, and while I was looking about I

saw Samuel Davis come out with a bundle under his arm—I took hold of him, and he had one of the coats in his possession.

CHARLES RANDALL , (police-constable N 172.) I was called, and found one coat on each of the prisoners.

ANN HART re-examined. I gave up the coats by the desire of my mistress—Thomas Davis came and said he was sent by Mr. Pottinger, as his employer, for a coat and a pair of trowsers—I said I had no orders to give any out—he said he believed they were Mr. James's—I said he was not at home—I then went to my mistress, she said he must have a note from the counting-house, and he went away—he came again between one and two o'clock, and said it was a top coat of Mr. Bischoffs, and Mr. George's last new coat, which wanted stretching—I told my mistress, and she told me to give him the coats—I gave my master's top coat, and one of Mr. George's—I gave them of Thomas Davis, and he went away—I saw Thomas running—I looked after him, and sent the man after him—he said Mr. Bischoff sent him.

(The prisoners received a good character.)

SAMUEL DAVIS— GUILTY . Aged 22.— Confined Six Months.

26th November 1838
Reference Numbert18381126-38
VerdictNot Guilty > unknown

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38. JAMES NEVILLE was indicted for stealing, on the 30th of October, 1 1/2 lb. weight of wool, value 3s., the goods of Edward Unwin, his master.

EDWARD WHOELL . I am employed in the London Docks. I was at No. 2 Warehouse, on the 30th of last month—about ten o'clock in the morning I was moving some mats—there was a cart loaded with wool—I saw the prisoner there—he was a stranger—he moved the cart—he came and stopped his own cart, and the wool was in it—he put his hand up, tore a hole in one of the bags, took some wool out, and put it into a little bag which was nailed to the axletree under the cart—he went away for ten minutes, then drew higher up, and took some more out—I told the watch-man.

Cross-examined by MR. BODKIN. Q. Are you swearing to-day what you did before the Magistrate? A. Yes.

MATTHEW TREBILCOCK . I am a constable of the Docks. On the morning of the 30th of October the prisoner came with a loaded cart up to the gate, to go out—I had received information that he had stolen some wool, and I found the wool concealed in the bag, nailed to the axletree of the cart—there was llb. 8oz.—it was fine wool, worth about 1s. 6d.

Cross-examined. Q. Did he not tell you that it had fallen out of one of the bags? A. He did, after I stopped him.

DANIEL RADKINS . I am a constable. The prisoner was given into my custody—I went to the warehouse where the wool came from, and have no doubt it came from that bag—I saw the wool.

WILLIAM JONES . I am landing clerk at the Docks. I saw this wool—I know it is Italian wool, imported in a vessel from Leghorn.

EDWARD UNWIN . I was employed to cart this wool from the Docks to St. Dunstan's—when it was put into the cart I was responsible for it—I sent the prisoner, as my carman, to fetch it.

Cross-examined. Q. He was in your service? A. Yes, for a year and a half—I believe he is not more than seventeen years old—he has been recently married, and his wife ready to lie in—I have a good opinion of him, and would take him again to-morrow.


26th November 1838
Reference Numbert18381126-39
VerdictGuilty > unknown

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39. ANN HAWKINS was indicted for stealing, on the 7th of November, 1 pair of boots, value 2s. 6d. the goods of George Patterson.

GEORGE PATTERSON . I keep a shoemaker's shop, in Great James-street, Lisson-grove. On the 7th of November, from eleven to twelve o'clock, I was down in the kitchen at work—the prisoner came into the shop—the girl whom I left there called me up stairs, and said she thought the woman had got a pair of boots in her basket—I went round the counter, but could not see the boots in the basket—I let her go out, and then missed the boots—the girl ran and brought her back with them.

MATTHEW REARDON . I am a police-constable. I took the prisoner—she allowed that she took them, and said she did not know what was the cause—she begged very hard to be forgiven, in consideration of having three small children.

Prisoner. If you forgive me this time, I will never do the like again.

GUILTY . Aged 27.—Recommended to mercy by the Jury and Prosecutor.

Confined Three Days.

26th November 1838
Reference Numbert18381126-40
VerdictNot Guilty > unknown

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40. EDWARD ROSE and CHARLOTTE BAILEY were indicted for stealing, on the 1st of November, I bushel of grains, value 6d., the goods of John Darke, the master of Edward Rose.

JOHN DARKE . I am a wharfinger, and contract to take the grains of the Artillery Brewhouse, Westminster. Rose was my carman—I know nothing of the woman—I spoke to the policeman on duty, and watched Rose myself—on the 1st of November I saw him bring his cart out, loaded from the brewery, and stop at the public-house adjoining, to take the allowance—the policeman called me, and I saw the woman coming from the cart with a barrel of grains in her arms—the officer took her and the man—I had not seen them together at all—I did not see where the grains came from—they were my grains.

ROBERT SUTTLE (police-constable B 97.) I was sent to watch the carts I at half-past seven o'clock in the evening—I saw the cart come out of the brewery, with two men, and go up Strutton-ground, and stop at a public-house—I went round a street, came up to the cart, and saw the prisoner Rose on the shaft, filling a little barrel, which the woman was holding—I stopped her, and asked what she had got there—she said it was nothing to me—I said it was, and then she said, "It is a few grains the man gave me out of the cart, for my pony."

Cross-examined by MR. CLARKSON. Q. Does she sell vegetables in the street? A. Yes—the cart passes by where she lives.

Rose. I was not the man that gave her the grains—it was another man. I


26th November 1838
Reference Numbert18381126-41
VerdictGuilty > unknown

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41. CHARLES GEILS was indicted for stealing, on the 18th of October, 1 watch, value 15s.; 1 key, value 2d.; and I ribbon, value 2d.;. the goods of Henry Rust.

HENRY RUST I work in the Hackney-road, at an oil and colour-shop. On the 18th of October I had a watch in the shop, just by the side of the writing-desk—I went out for about ten minutes, and when I returned it was gone—I had never seen the prisoner in the shop—I have seen him about the neighbourhood—I made inquiry, and gave information, and the next day the pawnbroker came to me with it—this it my watch—(looking at it.)

WILLIAM AUSTIN . I live at Mr. Attenborough's, in Shoreditch. This watch was pledged with me on the 19th of October, by the prisoner, in the name of Taylor.

Cross-examined by MR. CHAMBERS. Q. Did you know him? A. I know the family very well, they always pledge in the name of Taylor—his mother and sister live in Charlotte-street, I know, by putting that on the tickets—that is the only reason I know it, it is from persons of that name coming, that I think the prisoner is a brother—I know his countenance by his sister's—I never saw him before—the pledging did not take long—it was in the day-time—there was only the prisoner, and I and another man in the shop.

COURT. Q. Are you sure he is the same person? A. Quite sure.

MARY SULMAN . I served the prisoner with two penny candles, on the 18th—I do not know whether the watch was in the shop at the time.

Cross-examined. Q. What shop do you keep? A. An oil and colour-shop—I never served on that day—I served the prisoner in the absence of the man—I did not say, the following night when another boy came into the shop, "That is the boy that I served"—I said, this boy I thought was the boy that same into the shop.

JAMES CLARKE (police-sergeant's N 18.) I went to the prisoner's father's and apprehended him two days after the watch was lost.

GUILTY . Aged 15.— Transported for Seven Years to the Isle of Wight prison.

26th November 1838
Reference Numbert18381126-42
VerdictGuilty > unknown

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42. GEORGE M'GEE, alias Terry , was indicted for stealing, on the 9th of November, 1 coat, value 2s., the goods of William Matthews.

WILLIAM MATTHEWS . I am a gardener, and live at H ox ton. I lost a coat out of a greenhouse, in a garden, on the 9th of November, in the morning—the prisoner has worked for me, but not at that time—this is my coat—(looking at it.)

HASTINGS MOORE (police-constable N 102.) The prosecutor came and told me he had lost a coat—I had the prisoner before in custody on another indictment.

EDWARD EDWARDS . I am an assistant to Mr. Coley, a pawnbroker at Islington—the coat was pledged with me on the 9th of November, by the prisoner.

Prisoner. Mr. Matthews's cousin came to me—he said, "If you take and pawn this coat, you shall have half the money"—so I did.

(The prisoner received a good character.)

GUILTY . Aged 19.— Confined Six Months.

26th November 1838
Reference Numbert18381126-43
VerdictGuilty > unknown

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43. WILLIAM ROBERT JONES was indicted for stealing, on the 30th of October, 2 neckerchiefs, value 3s., the goods of James Rayner, from his person.

JAMES RAYNER . I am servant with Sir William Frimble. On the 30th of October, near nine o'clock, I was in Drury-lane—I had two handkerchiefs in my coat pocket—I heard a rustling near my pocket—I turned, and saw the prisoner—I accused him of being the thief—he denied it, but immediately gave me the handkerchiefs-no other persons were nearer than him—he said two boys took them out of my pocket, and threw them down, but I saw no boys, and the prisoner was close to me.

GEORGE WHITMILL (police-constable F 51.) I was on duty in Drury-lane—the prosecutor gave the prisoner into my charge—the prisoner said two boys took these handkerchiefs out, threw them down, and he went across and picked them up.

Prisoner's Defence. I was in Drury-lane, on the left-hand side, going towards Temple-bar—I saw two boys go and pick the prosecutor's pocket—I ran across—they saw me, threw the handkerchiefs down, and crossed, land turned down a court—I took them up, and gave them to the prosecutor—I told him I did not do it, but I saw the boys do it, and I pointed out which way they had run.

WILLIAM WILSON . I have worked as a coach-maker, but I am out of work at present—I did work for Mr. Norris—I have left him a long time and have been working for myself, mending boots and shoes, beating carpets, and cleaning windows—I have given my stall up about a fortnight ago—I lived with my parents at No* 9, Union-street, Lisson-grove—I do not know the prisoner, but I have come to state that I was walking down Drury-lane between nine and ten o'clock that night, and saw two boys run from a gentleman—I saw a young man go across to him, and the gentleman turned and gave him in charge—when I saw the prisoner at the office I said it was not him, it was two other boys—I went down the following evening to Bow-street, (I was not there when he was examined,) to see if he had got off—I never spoke to him in my life—his mother did not know me—she was there bidding him good bye—I went up and asked her if she knew him, seeing her speak to him, and then I said I saw the thing done—she asked me if I would come forth here and say I saw the thing done—she told me to come to Newgate—I was not down at Bow-street at the time he was up to have his hearing.

GUILTY . Aged 21.— Confined Three Months.

26th November 1838
Reference Numbert18381126-44
VerdictGuilty > unknown

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44. PETER WEST was indicted for stealing, on the 3rd of November, I snuff-box, value 15s., the goods of Jeremiah Pratt.

JEREMIAH PRATT . I am a pensioner from the Grenadier Guards. On the 3rd of November I was in the Canteen at Westminster, about half-past seven o'clock—the prisoner was there—he is a soldier in the Grenadier Guards—he sat very near me—we drank together—I had been drinking with the regiment—I cannot say I had known him before—I took my snuff-box out, and placed it down before him and others—they claimed each to have a pinch from that snuff-box, it being presented from the regiment to me—when I wanted it again it was not forthcoming—I then missed the prisoner—I called in a policeman, and went to two pawnbrokers and at the second one found the box, and the prisoner was taken—I was sober—I did not give him leave to pawn it there—I was twenty-three years a staff sergeant in the regiment, and twenty-six years in the service, and two years and a half in the navy—this is my box—(looking at it.)

Prisoner. Q. Do you know what you said to me during the afternoon you were there? A. No—I offered 30s., and then I offered 5l. rather than lose that box—I gave you money and good treatment—I gave half a crown to a man out of the window.

Prisoner. He gave it me as a present, and said, when he was gone I

might say such a man gave me that box. Witness. I deny that positively.

KILLOCK THOMAS . I am a pawnbroker, and live in St. Martin's-lane. This box was pawned on Saturday evening, the 3rd of November, by the prisoner, in the name of John Pratt.

Prisoner. You asked me whether I would sell the box—I said, "No, on no account." Witness. I said nothing of the kind—we never buy—I asked how he came by it—he said it was given him, and he would not lose it for double the money—he pawned it for 15s.—it is worth about 1l. as old silver—it is engraved, which takes a great deal of the value off.

JOHN BONHAM (police-constable A 48.) I took the prisoner, and found the duplicate in the tap-room.

GEORGE SANDERSON . I was sitting in the tap-room the whole evening, and found the ticket in the prisoner's coat-pocket—the prosecutor was quite sober—the prisoner left the tap-room, and the box was missing—I did not hear the prosecutor give him the box, nor did I see him put it on the table.

Prisoner. He gave that man. 9s. 6d. for running a race—he gave me the box voluntarily—I owed a man a little money, and pawned it to pay him.

(The prisoner received a good character.)

GUILTY . Aged 23.— Confined Six Months.

26th November 1838
Reference Numbert18381126-45
VerdictGuilty > pleaded guilty

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45. JOHN WEBB was indicted for stealing, on the 13th of November, 1 pair of shoes, value 4s., the goods of William Johnson; and also, on the 14th of November, 9 spoons, value 8s.; and 1 pair of sugar-tongs, value 2s.; the goods of Richard Frasier; to both of which he pleaded

GUILTY . Aged 17.— Confined Six Months.

26th November 1838
Reference Numbert18381126-46
VerdictGuilty > unknown

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46. JAMES WHITE was indicted for stealing, on the 3rd of October, I pewter pot, value 1s.; I quarter of a pint of gin, value 4d.; 2 half-crowns, and 15 shillings; the goods and monies of William Griggs, his master.

WILLIAM GRIGGS . I keep the Tyssen Arms, at Dalston. The prisoner had been with me six weeks, as pot-boy.

ANN GRIGGS . I am the wife of William Griggs. On the 3rd of October the prisoner asked me for a quartern of gin in a pint pot, to take to a customer—he then asked for change for a sovereign for Mrs. Noble, a lady that Jives in Mason-row, near us—he asked what she owed, and we told him it was 3s.; and then he asked for change for a sovereign to take the bill out of it—he said he should get the bill paid—he took the change for that purpose—I gave him two half-crowns and fifteen shillings—I am sure there were some shillings—I cannot swear that there was a half-crown—he did not return—I never saw him till he was at Hatton-garden, about three weeks after—he took his clothes with him.

MARY NOBLE . I deal with the prosecutor—I did not sent for any gin on the 3rd of October—the prisoner did not ask me to pay my bill, or offer to give me change.

THOMAS JESSOP (police-constable G 197.) I took the prisoner.

Prisoner's Defence. Mr. Griggs was out when I went to the bar for the

gin, and the daughter gave it me—I brought the pint pot back, and left nearly half my clothes behind—I was intoxicated when I went away.

GUILTY . Aged 20.— Confined Three Months.

OLD COURT.—Thursday, November 29th 1838.

Fourth Jury, before Mr. Sergeant Arabin.

26th November 1838
Reference Numbert18381126-47
VerdictGuilty > pleaded guilty

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47. FRANCIS PODIO, alias Vaughan , was indicted for feloniously having in his custody and possession 3 counterfeit shillings, with intent to utter the same, having been before convicted of uttering counterfeit coin, to which he pleaded

GUILTY . Aged 45.— Transported for Seven Years.

26th November 1838
Reference Numbert18381126-48
VerdictsGuilty > pleaded guilty

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48. GEORGE CH AMPTELOPE was indicted for stealing, on the 31st of May, at St. Paul, Covent-garden, 1 coat, value 3l.; 1 cash-box, value 12s.; 10 sovereigns; and 1 £5 Bank-note; the goods, monies, and property of Thomas Evans, his master, in his dwelling-house:- also, on the 3rd of March, 1 cloak, value 12s.; 2 gowns, value 12s.; 1 shawl, value 6s.; 1 printed book, value 4s.; 1 table-cloth, value 2s.; 1 pair of earrings, value 2s.; 1 brooch, value 3s.; and 1 purse, value 2s.; the goods of Job M'Donald : to both of which he pleaded

GUILTY .*—Aged 17. Transported for Fifteen Years.

Before Mr. Baron Alderson.

26th November 1838
Reference Numbert18381126-49
VerdictNot Guilty > unknown

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49. SAMUEL FLETCHER the elder, SAMUEL FLETCHER the younger, SAMUEL BARKER , and GEORGE FLETCHER , were indicted for feloniously forging and uttering, on the 17th of June, a certain order for the delivery of a truss, containing merinoes; with intent to defraud the St. Katherine Dock Company:-Other COUNTS, charging Samuel Fletcher, junior, as a principal, and the other prisoners as accessories.

MESSRS. PHILLIPS, CLARKSON, and BALLANTINE conducted the Prosecution.

JOHN HOLDSWORTH . I am a worsted manufacturer at Halifax, in Yorkshire. On the 1st of June I sent by Hull, a truss, containing 20 pieces of black merino, marked "I V" and "I" in a diamond—it was consigned to I. M. Van Bergh, London—it had no further direction—I did not give an order to any one but Mr. Van Bergh to receive those goods.

JOSIAH CHIPPENDALE . I am superintendent of the St. Katherine's Dock steam wharf. On the 20th of June I received this order by the Twopenny Post—I handed it to Mr. Wright, a clerk in our part of the establishment, in due course—Mr. Dale contracted for the cartage of the respective Steam Companies who used the wharf, and the prisoner Barker was delivering foreman and clerk to Mr. Dale-all orders for the delivery of goods would pass through his hands—he would in the performance of his duty have an opportunity of seeing the different trusses and bales brought by vessels, and of seeing the marks, &c. on them—it was his particular duty to look at them, and examine them with the manifests of the vessels, to which he had access—he would have an opportunity

of miss-delivering goods if so disposed—the delivery department was under his entire management as far as regards Dale's conveyance—I do not know of my own knowledge that this order was ever in the hands of Barker.

Cross-examined by MR. THOMAS. Q. You have a great deal of traffic I suppose, at this wharf? A. Yes, a great deal—I am superintendent of the wharf—I open all letters which come by the General or Two-penny post, examine the cash accounts of the Company, and have the general management of the wharf—there are three clerks under me, Wright, Poole, and Welch-all the goods which come by the steam companies for which Dale is engaged he carts away—he is engaged for all the companies, but other carriers have access to the wharf-every carrier has access who has orders for goods—Dale is peculiarly engaged to deliver the goods for the steam companies—the other carriers only deliver if they have orders—Dale delivers without and with orders-if they have directions on them he delivers them of course, but if only marked as in this case, he only delivers when an order comes—he is the chief carrier—the greater part of the business of the wharf is with the steam vessels—my duty and that of the clerks is entirely confined to the steam wharf—Dale cannot come and take away goods without a check on him—he is obliged to come to us with his book, in which we make out the charge—Barker is his confidential clerk—he enters all kit orders in the book, and we make out of that book the charge—Dale never sees the order—it is Barker does all the business—he has the entire confidence of his master.

Q. Could he, without producing this book, take away any goods without any check by you or the clerks? A. Certainly net, without producing the book, because the goods must be entered in the book—he must produce the book to me, or some clerk, with the entry of the goods to be taken away-no goods can go out of the Dock without such entry being shown to me, unless fraudulently taken away-if a bale was stolen the order would not appear in the book-unless forcibly stolen: away, they mutt appear in the book.

Cross-examined by MR. PRENDERGAST. Q. Are the trusses which, come by the stream-boats placed on the wharf? A. Yes—they remain there probably some time, if not fully directed or consigned by the manifest—the one in question remained some time, because it was only marked, "I V I," and In the manifest it was, "I. M. Van Bergh, London"—till we received another manifest with other goods, with Mr. Van Bergh's address on it, we could not deliver it—a great many people could not have seen the truss on the wharf—we do not allow people to go there—the clerks of the wharf might see it, but not the messengers or porters, only the warehousemen—this particular bale was housed in the warehouse—it did not hay on the wharf twenty-four hours before it was housed.

MR. CLARKSON. Q. Would any person who had not access as well to the manifest of the vessel, as to the goods on the wharf, be able to know that "IV London" meant I. M. Van Bergh? A. Certainly not—it was the prisoner's exclusive duty to compare the parcels on the wharf with the manifests of the vessels-all that is on the truss is "I V" in a diamond, and "No. 1" at the bottom, but in the manifest it is, "I. M. Van Bergh, London," giving a corresponding mark to that on the bale—the warehouse-men had the putting of the truss into the warehouse from the wharf—the parties connected with the Dock itself, have nothing to do with the steam

wharf, except those employed there—there are no other steam companies at this wharf except those for whom Dale is employed as carrrier—he is the sole carman for the steam companies, but many merchants send their own carters, or hire carts, and they take goods on producing orders—Dale is the only contractor with the steam companies for the removal of goods-nobody but Barker has access to the ship's manifests to compare them with the bales, and see if they are proper to. be delivered-if this order had been personally delivered it would have come to me—I open all letters, and hand them to Wright, who hands them to Barker, and he would order the goods to be put into Dale's cart, and send them away.

JURY. Q. If an order was brought for an article not requiring a cart, might it be taken away on the shoulder without Barker's knowledge? A. Yet—Barker's knowledge was confined to Dale's conveyance, by which it would go, unless there was an order to send it by another conveyance-an order forwarded by post for general delivery would necessarily pass through Barker's hands.

COURT. Q. Where are the goods placed when they come? A. On the wharf—they remain there till other goods, which are fully directed, are delivered, and then they are warehoused-Wright, and Barker, and the ware-housemen, have access to the warehouse, and the other clerks on the wharf would have access to it, if Wright was absent-myself, the three clerks, and Barker, have access to the manifest—the warehousemen have not.

MR. THOMAS. Q. Is not the manifest exposed outside the wharf, and strangers have access to it? A. I am not aware of it.

(Order read)—"To the Superintendent of St. Katherine's Dock Wharf. Please to deliver I truss I have in your hand, marked, 'I V,' in a square, to Southgate, packer, Old Change, per Vivid, from Hull, and you will oblige I. M. VAN BERGH. 20 June, 1838."

THOMAS WEIGHT . I am delivering clerk at St. Katherine's Docks. On the 6th of June, a truss was landed on the wharf out of the Vivid, from Hull, consigned to I. M. Van Bergh, London—I know that by the ship's manifest—I have not that here—the truss itself was marked "I V," in a diamond-H remained in the custody of the Company from the 6th to the 20th of June—(looking at the order)—I received this order from Mr. Chippendale, and handed it over to Barker for the delivery to be effected—I did nothing to it myself—Barker afterwards returned me the paper, with a cross to it, which I considered was a signification that the delivery had been effected—it is considered to have that effect-in some instances he made it, and in some not—I saw the truss loaded into the cart—Abrahams, one of Dale's carmen, was the driver—this is the delivering book, and here is an entry, "June 20, Vivid, I. M. Van Bergh, to J. Southgate, packer, Old 'Change, I truss, I V," in a diamond-"No. 1. 2 cwt 1 qr. 6 lbs. free," and signed "R. Collins," as being delivered—that entry is all in Barker's handwriting, exceptthe "R. Collins"—I saw Barker give the delivery book to Abrahams-four trusses had been delivered to the address of Mr. VanBergh, about the 12th or 13th of the same month—I saw those trusses, and saw the address on them—they are also entered in this book-the. entry is in Barker's handwriting—the place of abode of Mr. Van Bergh is entered as "72, Leman-street, Goodman's Fields"—I know the ship's manifest—(looking at it)—here is "I. M. Van Bergh, London"—that is the, entry of the bale in question in the manifest.

Cross-examined by MR. THOMAS. Q. One of these comes with each

ressel? A. Yes, this is the original—I enter the goods in the wharf book—when this is brought to the wharf, it is filled up and put in my office-a copy of it is made first—that copy is not put outside the office, it is kept in my office—it ought not to be exposed so that strangers coming to the wharf could look at it—I will not swear it was not—I cannot swear that strangers have or have not seen it—it was not exposed for inspection, but I cannot say persons without my knowledge have not seen it, because I do not know—the office door is at times shut, and at times open-persons come to the office to inquire about goods coming to the wharf—the manifest book is never shown to anybody—Barker has possession of it outside to examine the goods with it, but nobody else-if strangers come to inquire about packages, I should refer to the manifest book and answer them, and so would the persons I leave when I am away.

COURT. Q. If a man asked about a parcel, would you ask him to describe it? A. Yes, and compare it with the manifest-if I showed the manifest to every body who asked, there would be no use in keeping it as a check.

MR. THOMAS. Q. Do you sometimes compare this with the inquiries they make? A. When they inquire for goods, I look at the book, and if I have no such goods, I say I have not—I do not show them the manifest or the book—the entry in the book is "I. M. Van Bergh ditto"—it is a copy from the manifest, made by Barker—it is necessary he should show the book to me before he sends the goods away, to make out the charge, and to have a check on the delivery—the entry in this book is taken from the order, not from the manifest.

Cross-examined by MR. PRENDERGAST. Q. Supposing you leave your office for a short time, do not you leave the manifest book on the desk? A. No, it is the practice to close it, and put it into a book-case—the book may be left open in the hurry of business, but no person could come and look at it—persons bringing an order do not stand before me when they come to the desk, but by my side—they have not the opportunity of looking at the book—my desk is partitioned off, and the person hands it over the partition for me to compare it—I never allowed a person to come inside and compare orders with me—the book is exclusively in my charge—when I am absent, one of the other clerks has access to it, Poole or Welch.

JOHN ABRAHAMS . I am in the employ of Mr. Dale. I remember delivering a truss from St. Katherine's Wharf to Mr. Southgate, Old Change—(looking at the delivery-book)—this is the entry—it was on the 20th of June I received that truss at the dock—I believe Barker was there, and delivered me the book—when I delivered the goods at Southgate's, I received the signature of the party to whom I delivered it.

RICHARD COLLINS . I am in the employ of Mr. Southgate, a packer, in Old Change. I know the prisoner George Fletcher—I saw him on the 20th of June, before one o'clock, at Mr. Southgate's counting-house—he asked for Mr. Southgate, who was not at home, and he told me he had a bale lying at St. Katherine's Wharf, and asked me if I would take it in—I said, "Yes," and it came the same afternoon, before five o'clock—it was marked "I V" in a diamond—I did not notice whether there was a figure "I"—this is my signature to the delivery-book—I received the bale specified there as "I V, No, I"—George Fletcher came again, about five o'clock—the bale then laid in the warehouse—he came

in, put his hand on it, and said, "I see you have got my bale"—he went into the counting-house, and paid the charge-a man brought a truck up, and he put the bale into the truck, and took it away-George Fletcher did not tell me his name on that occasion—I saw him again about the 4th of July—I am positive he is the same man—he was in the counting-house, and stated, in my presence, that his name was John Bond—I am quite certain of that—I accompanied Lea, the officer, down to Yorkshire, to have him apprehended.

Cross-examined by MR. PRENDERGAST. Q. He came about five o'clock the second time? A. It might have been about five minutes before—the first time might have been about ten o'clock—it was some time before dinner.

( The post-mark on the order was "20 June, 12 noon. ")

JOHN SOUTHGATE . I am a packer, in Old 'Change. I remember's bale being at my house, marked "I V" in a diamond—it was delivered at my warehouse on the 20th—on the 21st the prisoner George Fletcher came into the warehouse, laid his hand on the bale, and said, "You have got my bale in, I see—I shall sell it this morning, what is your charge?"—I told him 1s.—he paid me, and said he should have a few more bales in a few days—I did not ask him his name on that occasion; but on the 3rd of July, when he delivered me three other bales, I asked his name, and he said, "John Bond," and paid me 3s.

Cross-examined by MR. THOMAS. Q. What time in the morning of the 21st was it he called? A. I should think between eleven and twelve o'clock—Collins was there then—that was the day the paid me.

Cross-examined by MR. PRENDERGAST. Q. And that was the day the bale came? A. No, it came on the 20th, and next morning he came and said, "I see you have the bale"—I did not see him again that day—I did not see the bale delivered—I was only there when he came in—it went away on the 21st—I was there about five o'clock in the evening of the 20th—the prisoner was not there then, to my-knowledge—it was in the morning he came.

RICHARD COLLINS re-examined. I cannot say exactly whether he called once or twice on the 21st—I do not know exactly what time this bale went away—I was thinking about the others, delivered on the 4th of July-l only know this bale went away on the 21st—the prisoner only called once on the 20th—he fetched, the goods away some time on the 21st—I do not know at what time—I cannot exactly say whether it was in the morning or afternoon on the 20th that he called.

JOHN ABRAHAMS re-examined. I think I delivered the truss about half-past three or four o'clock in the afternoon.

JOHN WILSON . I am in the service of George Marshall, warehouseman, Lawrence-lane, as buyer. I know Samuel Fletcher, senior, very well—I remember his calling at my employer's house on the 23rd of last June-before he called, I had teen a sample of black merino in the warehouse—when he came, he said he had got some merino for sale—the sample was on the counter in the warehouse at the time—I looked at it, as he said he had it to sell—he did not refer me to it—I bought fifteen pieces of him, at 36s. a piece—he brought one piece with him—the others were delivered while I was absent—I believe they came the same day-an invoice was made out by Fletcher's request, by Mr. Marshall's brother, and I paid him after the goods were delivered—this is the receipt he gave me—it was signed by him, in my presence, when I paid him—Barker

afterwards sold eleven of the pieces to Scott, buyer to Hall and Francis of Bread-street, and four to Timothy Thomas, Tabernacle-walk.

Cross-examined by MR. PRENDERGAST. Q. Have you seen many such merinoes before? A. A great many—there was nothing remarkable about them—(Receipt read.)

"23rd June, 1838.

"Received 26l. 6s. 6d., from Mr. George Marshall, for fifteen black merinoes, for W. Fletcher. Signed, SAMUEL FLETCHER."

JOSEPH SCOTT . I am buyer to the firm of Hall and Francis, of Bread-street, Cheapside—I bought eleven pieces of black merino from Wilson—there are two pieces of it in Court—the rest are disposed of.

Cross-examined by MR. PRENDERGAST. Q. I suppose you have plenty of other merinoes of that sort? A. Plenty.

JOHN GREGORY . I live in Dean-street, Holborn. I know the witness Tibbs—I remember his asking me to pawn some merino for him, which I did, at Walter's, in Dean-street, for a sovereign—I gave the money and duplicate to Tibbs.

Cross-examined by MR. THOMAS. Q. How long have you known Tibbs? A. I should think eight or nine years—he was a grocer, opposite me—previous to that he was a post-boy, I believe—I have heard that he has been in difficulties several times.

HARRIET GREGORY . I am the wife of the last witness. I know Tibbs—some time in June, I think he brought some merino, some diaper, carpet-covering, and some cloth for us to sell some of them if we could—some of the merino was pledged, and some Stevens found at my place.

Cross-examined by MR. THOMAS. Q. Where does Tibbs live? A. He lived next door to us for some years—he afterwards lived at Temple Mills—he moved from Dean-street, about fifteen months ago—I have been in the habit of seeing him frequently since that, as I was down there twice—he has a wife, a daughter-in-law, and two other children—the daughter-in-law lives with them—I do not know whose children they are-to the best of my knowledge, one is Mrs. Tibbs's, and one her daughter's—I have always heard so—Tibbs was a grocer, in Dean-street—he was away several times while he lived there—I do not know where he was—I do not know what he was before he was a grocer—he has been collecting-clerk at Temple Mills since, as he told us when he brought the goods, and he said he exchanged them in Yorkshire for wool.

MR. CLARKSON. Q. Do you know any of the other prisoners? A. I knew nothing of them till I saw them at Lambeth-street—I saw George Fletcher once in the garden at Temple Mills, in July, I think, when I went down to see my little boy, who was at Tibbs's there for a month.

JAMES STEVENS . I am an officer. I went to Gregory's house on the 12th of September, and took two pieces of merino, which I produce.

WILLIAM SHIRLEY NEWTON . I live with Mr. Walter, a pawnbroker, in High Holborn. I produce a piece of merino, which was pawned by John Gregory, Dean-street, for John Tibbs, Temple Mills, Essex, on the 4th of August, for 1l.

GEORGE JOHNSON FRANCE . I am in the employ of Mr. Fleming, of Newgate-street, pawnbroker. I produce a piece of merino, pawned on the 4th of July, for 25s., by Tibbs, in the name of John Lodge, No. 41, Bow-lane.

WILLIAM HENRY WALL . I am in partnership with Mr. Muncaster, a pawnbroker, in Skinner-street. I produce a piece of merino, pawned on

the 5th of July, in the name of "John Lodge, 40, Bow-lane"—I cannot positively swear, but to the best of my belief, it was pawned by Tibbs.

SARAH JOHNSON . In July last, John Fletcher lodged at my house—I know all the prisoners-in the course of July I did not we Samuel or George, but I saw the old man frequently—I never saw Barker—I have only seen the old man at my house—he came there in July, and I asked him about the rent—he said he should have a piece of merino in the course of a week, and he would let me have piece for John Fletcher's rent.

JAMES LEA . I am an officer. I produce three duplicates which were given to me by Mrs. Tibbs, by order of Tibbs—I have some-merino which I found at Tibbs's house—I produce a book which I found on old Fletcher's person on the 13th of September, and here is a paper I found at his house—he was not present when I found it—he said he knew nothing about it—I asked him if he knew Barkers—he said he had known him some years—I asked if he had dealings with him, and paid him money, he said he had paid him small sums of money, but not lately.

Cross-examined by MR. PRENDERGAST. Q. Why did you not state that yesterday? A. I was not asked the question—I gave one part of it, and was going to state the rest, but was ordered to stand down.

JOHN TIBBS . I live at Temple Mills, Hackney-wick. I know Barker—on the 17th or 18th of June he came to Temple Mills—he had an order with him for a bale of goods, with the mark "IV," in a diamond, and No. "1," on the left-hand side—it was copied by Samuel Fletcher, June—Barker kept the paper-all the prisoners Were there—this is the piece of paper that Samuel Fletcher wrote—(looking at it)—Barker said the copy was to be made for a truss lying in St. Katherine's wharf—I heard him say so to Fletcher, senior—the other prisoners were present—he said it loud enough for all to bear him—after Samuel Fletcher had made the copy he gave it to his father—Barker kept the paper in his hand, and read while Samuel Fletcher wrote according to his dictation—I and old Fletcher afterwards came to London—he left me at Sparrow-corner, at the corner of the Minories, on Tower-hill, and told me he was going to Barker's lodging, which is on Tower-hill—he came back to me, and I went with him to King William-street, and then went to the warehouse with the horse and cart—I think this was on the Monday or Tuesday after the first meeting—on the 20th or 21st of June, I again came to London, with Fletcher, senior, and George Fletcher—I took my cart with me—George and his father left the in Fore-street—I waited there about an hour or an hour and a half—I did not go into Bishopsgate-street—I waited till George Fletcher brought a truss, on a truck, into an inn at the corner of Cripplegate—there was another man with him—he brought it to a wagon office in Whitecross-street—I went there with the cart, by his direction—he was waiting in the gateway-George Fletcher and I lifted the truss into the cart, and went to Fore-street, and waited there for his father—we then went down to Fletcher's house at Temple Mills-George Fletcher told me the truck was got in Wood-street, and that he got the bale at Southgate's, the packet's—Barker came down to Temple Milk that evening, about seven or eight o'clock, and said how nicely he had done Mr. Dale out of the goods—there was only old Fletcher and me there—he went up stairs, and looked at the merino—it was black merino—he said how nicely he had done the St. Katherine's Dock out of the goods, and John Dale—he told Fletcher be should take one piece of merino away with him—before

Barker came, old Fletcher cut the bale open, and four pieces of merino were taken out—it contained twenty pieces of merino, nothing else—the four pieces were taken into another room, and hid from Barker—sixteen pieces remained—one piece Barker took away about nine or ten o'clock in the evening—the other fifteen he put on the floor-a few days afterwards, I, and Samuel Fletcher, senior, took the fifteen pieces up to town in my cart—we stopped at Mackay's public-house, on the pavement in Moorfields—I took the merinoes to the Fox and Goose-yard, London-wall, and put the horse and cart up there-old Fletcher waited at Mackay's till I returned—I left the merino at that place, and Fletcher went and took the cart and merinos away to sell-where he took them to I cannot tell—I saw him again that evening, and he borrowed two sovereigns from me, and gave me a £5 note—he said he wanted the 2l. to make up some money, to take to Barker, instead of the £5 note-a day or two after I had two more sovereigns from old Fletcher, at his house-old Fletcher and I took two more pieces of merino up to town after this—about the 20th of March he paid me 1l., and I think he paid me another 1l. afterwards. I pawned one piece of merino for him on Snow-hill—I do not remember the pawnbroker's name—it was in the evening, I think in July, and for a sovereign I think—I pawned another piece of the same merino in Newgate-street—I do not recollect that pawnbroker's name—I do not think I pawned any more myself—I left one piece with Gregory, and asked him to pledge it, and there were some pieces cut into lengths, two or three of which I sold Mrs. Gregory—I have seen Samuel Fletcher write—I have an I O U of his by me now—(looking at a paper)—this is Fletcher's, sen., writing—(looking at a book)—I do not think this is his—I cannot tell whose it is—these are the two duplicates for the merino I pledged—(produced by Lea)—I cannot pick out the merinoes I pledged from the piece which went to Gregory's—I think this is the piece that went to Gregory's—(looking at the merino)—I remember being at old Fletcher's, at Temple Mills, about the 10th of September, in the evening—he said that he had had a letter from Yorkshire, that his son George was taken up by the high-constable—he had the letter in his hand—I asked him to let me see it—he told me "No," and burnt it, and desired me, if I had any of the goods about me, to take them away immediately.

Cross-examined by MR. THOMAS. Q. How did you ascertain that it was on the 20th or 21st, that Barker was down at the mills? A. By my recollection—the document was written on the 17th or 18th, on a Sunday—my recollection was called to it at Lambeth-street—I was admitted to give evidence against the prisoners.

(The witness was further cross-examined at considerable length, with respect to the various transactions with his creditors, and admitted, as on the former occasion, an incestuous intercourse with his wife's daughter; who would be twenty years of age next June, and that the child he had by her was five years old. See page 22.)

ISRAEL MOSES VAN BERGH . I am a merchant, and live at No. 72, Leman-street. I have a correspondent at Halifax, named Holdsworth—this order is not my delivery order—I never authorised any body to draw it up or have it presented—I never received the goods for which it purports to be an order—I know nothing whatever about it—about the 12th of June, I think I received three trusses from the St. Katherine's Dock—this order is not the writing of any body in my establishment.

(The paper which was read on the former trial, purporting to be a "settlement with Barker," was here read.)

RICHARD GUNNER . I am a letter-carrier of the post-office. This order I find by the post-mark was put into the post-office before twelve o'clock, at Aldgate—it was then taken from there to the chief office in St. Martin's-le-Grand, and there it was stamped "twelve o'clock"—it was taken out of the chief-office at two o'clock for delivery—it was not put in in time to go out by the twelve o'clock delivery.

JOHN HOLDS WORTH re-examined. These two pieces of merino produced by Scott, are our manufacture, and left our warehouse on the 1st of June last—they were part of the twenty pieces sent in the truss for Mr. Van Bergh, with the initial I have described—this other piece, produced by Warren, was part of the same truss of goods—the private number has been pulled out, but on looking at it through the light, I can see where it was, and the tab is cut off that produced by Scott—it would be sold with the tab in the ordinary way, but what we call the private picking, which is three pieces of cotton in the end of the piece remains—these two pieces are not in the state they left our premises-both those produced by Scott are the same—these produced by Walter are part of the twenty pieces—there is part of the tab remaining—this produced by Frances is also one of the pieces, and here is the thread-mark drawn out, but the impression left on the tab—this piece, found at Tibbs's, is the same quality, and this, found at Gregory's, formed part of one of the twenty pieces-here is the private picking-mark—we sold this merino for 45s. a piece, delivered free in London—it cost us in the grey state 38s., and 3s. we pay for dyeing black, which is 41s.

Cross-examined by MR. PRENDERGAST. Q. The two from Scott have nothing but the private picking? A. No—the tab has a number put on it—these pieces of Scott's have been re-made up since they came to London, re-finished and re-pressed to make them look better—it is dyed after it is picked, which makes the mark not quite white—that is the case with all of them—the picking is according to the quality—it may vary a little when re-finished in London—this has been re-finished in London, the heading put into the inside, and the better part of the quality put outside—the picking would be the same on one as the other, unless those who re-press it in London take some threads off, perhaps, there ought to be three rows, a large one in the centre, and small ones on each side—this has the picking in—it left our place with three pickings, a small one on each side, and a broad one in the middle—the broad one and the narrow has been cut off—the head-end is cut off this piece—it is not a whole piece—I swear to these by their quality, and to the others by the private mark on them—(unrolling a piece)—this has been cut, and has not the private picking on either end—I swear to this being ours by the selvage also, which has double worsted in it—I never saw any others with so many double threads as ours—we put in six double threads, but one might break in warping—I would not swear that no other manufacturer puts so many as six threads in the selvage—we never did this quality in our lives but the twenty pieces—we never made any but them—we were commencing some new power-looms-a gentleman called at our warehouse, and wished these dyed black—we said we would not undertake the responsibility of dyeing them, but they were dyed to his order—these are made for a hot climate—a

portion of the heading is cut off, not the whole—there is not enough left to include the mark.

MR. PHILLIPS. Q. Some of these have your private mark? A. There is the impression of the private mark—the two produced by Scott have had some alteration since they left our manufactory, but I have not the least doubt they were part of the twenty pieces—I know them from their quality, from the warp on the back, as it is too thick for the weft—it was made so to bear the fatigue of weaving with the new power-looms, as it required more strength—it was to prevent the loom from breaking the warp—when the loom gets more easy, we make the warp weaker.

JOSEPH SCOTT re-examined. These two pieces have been re-finished since they came to us—I have not talked about that to Mr. Holds worth.


First Jury, before Mr. Recorder.

26th November 1838
Reference Numbert18381126-50
VerdictGuilty > unknown

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50. THOMAS WARR was indicted for stealing, on the 30th of October, 1 gelding, price 10l., the property of John Young.

MR. DOANE conducted the Prosecution.

JOHN YOUNG . I am a publican, and live at Hadstock Folly, Bucks. On the afternoon of the 29th o£ October, I saw my black gelding safe in the field—it was branded with J Y on each hoof, and had a switch tail—the gate of the field was shut—I went next day to the field and the horse was gone—I traced footmarks out at the top gate down the turnpike road leading towards London—the prisoner bad lodged at my house two or three nights—he came on the 27th under the pretence of buying cattle—he came again on the 28th, and stopped at my house all night, and about three o'clock in the next afternoon he went away, saying he should return that night, but he did not, which made me suspect him—I afterwards received information from Bates, and found my horse at Smithfield—it is worth from 10l. to 12l.—I also lost a bridle and saddle out of my stable.

Cross-examined by MR. PRENDERGAST. Q. How long had you had it? A. Five years—I have seen it here to-day, and know it very well—it had a switch tail when I lost it, but has not now—I did not know that there was a drove of horses not far from my house, brought from a fair—the prisoner told me he was a butcher, that he was buying some bulls for a man in London, and his master was coming down to pay for them—my horse had a star in his forehead, a white spot—my son made the brand mark J Y, about three months ago.

EDWARD THACKER . I am ostler at the Royal Oak, at Holsdon near Wilsden, Middlesex, kept by Goddard. On the 30th of October, about one o'clock in the afternoon, the prisoner came there with a black horse, which had a white star on the forehead, and was marked J Y on all four hoofs—the tail appeared to have been cut off clumsily with a knife or something, not as a carrier would do it—he told me he had rode him fifty-two miles that day, and wished me to take care of him—the horse was fed in the stable, and he afterwards came and borrowed a pair of scissors of me to square the horse's tail—the horse was turned into the field for two or three nights, and afterwards Greenwood and another came down on the 7th of November, and bargained with the prisoner to buy the horse, and they took it

away—I was holding the horse while the bargain was made, but did not hear what was said.

Cross-examined. Q. Yours is a large inn, is it not? A. Yes—he came openly in broad daylight—I am sure there was J Y on the horse's hoofs—I particularly noticed it—it was branded—I saw it last week in Bate's possession, and it was the same horse.

DANIEL GREENWOOD . I am a dealer in bones, and live in Cow Cross, Smithfield. On the 7th of November, I was at Holsden-green, near Wilsden, in company with Sutton, and saw the prisoner—he asked me if I wanted to buy a horse, as he had one to sell—I said, "Yes"—he said, "I have one turned out in the field that will suit you"—the ostler fetched it up—he told me he gave 6l. 10s. for it—I said I could not afford that, I would give him 5l.—he agreed, and I got the horse, but did not pay all the money then—on the 9th I sent Whitty with it to Smithfield to be sold—I have seen it since in Bates's custody—it is the same horse.

Cross-examined. Q. Are you a knacker? A. I was—I have left that trade, and deal in bones—I wanted this horse for my cart, but it did not suit me—it was not big enough—it is a common horse—it is a regular black horse, very rough, as if it came out of a country drove—I have seen many horses with white stars—it is very common—I do not know whether the mark on the hoof is common.

RICHARD WHITTY . I was employed by Greenwood to sell the horse with a star and J Y on the hoofs, at Smithfield, on the 9th of November—I sold it for 8l. 10s. to Warwick—he gave the money to the owner of the horse.

WILLIAM WARWICK . I am a butcher at Laytonstone, in Essex. I bought the horse of Whitty on the 9th of November—Sergeant Bates came and took possession of it a week after—I did not notice the white star, but I know it was marked at the hoofs—I saw J Y on the hoofs when I bought it—the letters were quite plain—I am not mistaken about it.

JAMES BATES . I am a City police sergeant. In consequence of information I received I went down to Laytonstone, and took possession of the horse which Warwick had—I have had it ever since—I have shown it to the prosecutor, and he claims it.

GUILTY . Aged 46.— Transported for Ten Years.

(There was another indictment against the prisoner.)

NEW COURT.—Thursday, November 29, 1838.

Fifth Jury, before Mr. Common Sergeany,

26th November 1838
Reference Numbert18381126-51
VerdictGuilty > pleaded guilty

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51. WILLIAM TAYLOR was indicted for stealing, on the 29th of October, 1 whip, value 2s., the goods of Samuel Keartland; to which he pleaded

GUILTY . Aged 32.— Confined Six Months.

26th November 1838
Reference Numbert18381126-52
VerdictGuilty > pleaded guilty

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52. ANN HAYES was indicted for stealing, on the 6th of November, 2 loaves of bread, value 10d., the goods of Joseph Marchant; to which he pleaded

GUILTY . Aged 33.— Confined One Month.

26th November 1838
Reference Numbert18381126-53
VerdictGuilty > unknown

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53. JAMES BATEMAN was indicted for stealing, on the 6th of November, 1 pair of trowsers, value 1l.; 1 waistcoat, value 7s.; 1 shirt, value 5s.; 1 pair of stockings, value 1s.; 1 pair of braces, value 2s.; 1 handkerchief, value 2s.; 1 razor, value 3s.; and 100 cigart, value 5s., the goods of George Trundle; and that he had been before convicted of felony.

GEORGE TRUNDLE . I live in Great Queen-street, Westminster. I left town five weeks ago, leaving my house in the charge of two female servants—I returned on Monday evening, the 5th of November—the next morning I went to my clothes chest, missed the articles stated, and a great many more—some of the things were new—these are part of what I missed—(looking at them.)

CATHERINE ALEY . I am the prosecutor's servant. The prisoner has been in the habit of visiting me at my master's house lately, and has slept there—he had an opportunity of taking these things—I have known him three years and a half—he has been in the habit of calling at the house for the last three months.

Prisoner. She could produce other articles that would prove my innocence—she is aware that the other servant and her have had two or three men in the house of a night.

ALGERNON SMITH . I am a constable of Queen-square. I went to the prosecutor's house, and staid till the evening—I met the prisoner coming to the house and took him—I found on him these cigars, and all these clothes which the prosecutor owns were on his back.

Prisoner. I solemnly assure the Court I am innocent—the trowsers and waistcoat belonged to my deceased brother, George Bateman.

GEORGE TRUNDLE . They are a pair of dress trowsers—I have had them on but twice—I had the tailor to look at them.

Prisoner's Defence. My brother was on board an East Indiaman, and these were part of the clothes given me by him—the braces I purchased in Oxford-street—the cigars were given me by Charles Williams—the razor belonged to Mr. Trundle—it was used by Kitty to cut her corns, and after that by me to shave—the shirt I bought.

JOSEPH CARTER . I produce a certificate of the prisoner's former conviction from Mr. Clark's office—(read)—the prisoner is the person who was tried—he had one year in the House of Correction.

GUILTY .* Aged 22.— Transported for Seven Years.

26th November 1838
Reference Numbert18381126-54
VerdictGuilty > unknown; Not Guilty > unknown

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54. JOHN SULLIVAN and THOMAS DIXON were indicted for stealing, on the 29th of October, 1 purse, value 1d.; 1 brooch, value 1s.; 1 apron, value 1s.; 1 shilling, and 6 sixpences, the goods and monies of Frances Bazzil, from her person.

MR. ESPINASSE conducted the Prosecution.

FRANCES BAZZIL . I live in Theobald's-road, and am servant to Mr. Jones. On the night of the 29th of October, I was in an omnibus—I got out about a quarter to ten o'clock, at the bottom of Chancery-lane—I felt unwell, and was very giddy—I went a little way and sat down on a step-in about five minutes the prisoner Sullivan came to me—he had been on the seat of a cab—he said, "Dear, where are you going?"—I said, "Home as fast as I can"—he said he was only going a little way further up to Southampton-buildings, and he would take me home—he said nothing else—I went after the cab to Southampton-buildings—I then got into the cab,

and he drove on—he asked me where I lived, and I told him, but he did not go to Theobald's-road—he drove on about ten minutes, and I looked up and saw it was Bow-street—he said it was his mistake, he would give the horse some water and take me home—he then went on to Bow-street stand, and while there, he called a man by the name of Tom—that was the prisoner Dixon, who came to him, and Sullivan whispered to him—they gave the bores some water—they did not stop above two or three minutes—Sullivan then got into the cab, and Dixon got on the top and drove—Sullivan asked me if I had any money—I told him "No"—he wanted me to have something to drink—I refused it—we went on to St. Martin's-lane—Sullivan did not get out of the cab there, but be called Dixon to the window—Dixon went into a public-house and got some gin, and brought it to the cab door—Sullivan poured it out, and offered it to me—I refused it—Sullivan put it up to my mouth, and made me take it—I took about three parts of it—Dixon drove on, and I looked up and asked where I was—Sullivan said, "At Charing Cross," and I called a policeman—Sullivan was in the cab the whole time—he took improper liberties with me—I am sixteen years old—I called the policeman—Sullivan got out and got on the seat of the cab, and drove off, with me in the cab—when I first went in the cab, I had six sixpences and one shilling in a purse, and a brooch and an apron—they were all in my handkerchief—I had the handkerchief in my hand at Bow-street, when Sullivan got into the cab, and when he asked me whether I had got any money, and then I put it into my pocket—when Sullivan got out my handkerchief was on the step of the cab—I missed the money and the things, and a pair of clogs, when he got out—atthe time he took these liberties with me I kicked him with my clogs—he took them off my feet and put them behind him-whether he put them on the seat or in his pocket, I cannot tell—I missed them—it was one of the shut-up cabs—the seat of the driver was at the top, at the back of his horse—Sullivan gave Dixon directions to go to Poor Man's Corner and get the gin—Sullivan got out of the cab somewhere near Charing Cross—I got out as soon at I could, near Charing Cross—I fell in getting out, because the cab was going on—my money was in a rusty black silk purse, with white and gold beads on it—the tassels were made of gold beads—I have not seen it since—this is the brooch I lost—(looking at it)—when Dixon brought the gin he pressed me to take it.

Cross-examined by MR. DOANE. Q. Who do you live with? A. With Mr. Jones, he is a singer at Drury-lane—I have lived with him about two months—there is no other servant—he has apartments—I had been to Mile-end, to see my mistress, with whom I had lived before—I went about half-past twelve o'clock in the day—I had had a fit at my mistress's, just before I left—I was not in convulsions-no medical man was called in—I had my meals there—I knew I was not going in the direction to Theobald's-road when I was at Bow-street—I told Sullivan so—he said be would give the horse some water, and then take me home—he poured the gin down my throat—I cried out, but the people passed by and took no notice—I did not see any policemen walking about—I saw nobody—the cab was closed up with blinds—Sullivan opened the window at the back of the door, to get the gin in, and he put his handkerchief before my mouth—Tom merely got up and drove, while Sullivan got into the cab and sat with me—I cried out, when I found they were stopping in St. Martin's-lane, while Dixon was gone for gin, and Sullivan put his hand to my mouth—I saw Dixon again

the same night—he was taken into custody about half-past twelve o'clock, I think—I went and complained to the police, and then had him taken—I saw him somewhere by the Strand, he was with an open cab.

Sullivan. Q. Did I not ask you to have a ride? A. No, I followed you to Southampton-buildings, and you told me to wait a bit-you asked me where I lived, and I got into the cab—you drove me to Bow-street—I cannot say which way you went-you went on the stand, and asked Dixon to drive the cab—you then went to St. Martin's-lane, and there we had the gin.

Sullivan. The gin we had in New-street, Lincoln's-Inn Fields.

COURT. Q. Are you now living with Mr. Jones? A. Yes-and before that I lived in Holborn, with Mrs. Cottrell, and before that at Mr. Merritt's, London-wall—I have a father and mother, I do not know where they live—they have gone away somewhere—it is about two months since I lost sight of them—my father is a combmaker—he used to live in Bishopsgate-street—I am their only child—it is about three years since I lived with them—they have not seen me constantly—I have gone to see them—it is my own mother—Mr. Jones is married, and lives with his wife.

JONATHAN HAYTON . I live in Southampton-buildings. I came to Town on Monday, the 29th of October—I had hired a cab to carry some luggage, and I had a friend with me—I and my friend walked behind the cab to Southampton-buildings—Sullivan drove—we arrived at Southampton-buildings about ten o'clock, I think—I saw a girl standing near the door—she remained there while we were taking out the luggage—it was a close cab—I believe a yellow one, with the seat at the top of it—I spoke to Sullivan when I engaged the cab—I am certain he is the person.

Sullivan. Q. You hired me at Covent-garden? A. Yes.

ROBERT ST. CLAIR JONES . I live in Theobald's-road, and am a singer. The prosecutrix was in my service—on the 29th of October she had permission to go and see her friends—she had been paid her wages that morning—I know this brooch—(looking at it)—it had been given her by Mrs. Jones—I have heard the prosecutrix say that she was subject to fits.

ROOK TIFFIN LIGHTFOOT . I live at Southampton-buildings—I was in company with Mr. Hayton—I saw the luggage taken out at Southampton-buildings—I saw a girl by the side, and saw Sullivan and her in conversation—I believe the prosecutrix to be the girl.

JOHN WELHAM . I live with Mrs. Pullen; she keeps the Bull's Head, at the corner of St. Martin's-lane and Chandos-street. On the night of the 29th of October, a cab—man came and called for 6d. worth of gin, in a half-pint measure—he took it outside the door—I should think he was out three minutes, not more—I do not recollect the man's face—I cannot swear to him.

EDWARD JOHN PALMER (police-constable A 86.) I was on duty between eleven and twelve o'clock, on the 29th of October, in Whitehall—I saw a cab going with considerable speed towards Charing Cross-two persons were on the seat-in about two minutes afterwards the prosecutrix was running after the cab, in the middle of the road, crying, "Stop that cab "—it went on at increased speed—I followed it till it got on to Buckingham-court—I then called to Goodchild to pursue it—I took the prosecutrix to the station-house—she was very bad there—she went into hysterics in the station-house, and said she had been robbed.

SAMUEL GOODCHILD (police-constable A 36.) I went in pursuit of the

cab as far as St. James's-square—I then went to the station-house, and saw the prosecutrix in strong hysterics—I afterwards went with her to Southampton-buildings—she pointed out a place to me there—I after that went to the cab—stand in Agar-street-before I got on the stand a man called out, "My eyes, Tom!" with an oath—the prosecutrix was with me—I saw three or four persons talking together—she pointed out Dixon directly she saw him—I gave her a caution, but she persisted in saying he was the man—she told Dixon what he had done—he burst into tears, and said he hoped I would not detain him—he bid his fellow cab—man good night, and said he was sure he should not come back again—the prosecutrix saw him at the station—she still said he was the man—I found 5s. on him, and his badge.

Cross-examined. Q. You found him with an open cab A, Yes, I did.

NICHOLAS PEARCE . I am an inspector of the A Division. I was at the station on the 29th of October—the prosecutrix was brought in by the two officers—she was very much agitated—she was there a quarter of an hour before she could make any statement—she then made a statement to me—I sent for a surgeon—on the following evening, Tuesday, I was in search of the other cab—man—I was near Drury-lane Theatre, about nine o'clock, or a quarter before, and saw Sullivan go into the Old Drury wine vaults—I followed, and asked him if he had a fare from there the night before—he said he had two gentlemen—I asked where he took them to—he said to Southampton-buildings—I asked if he had a fare after that—he said, "Yes," a female he took up there—I told him I was an officer, and to be cautious of what he said, as I charged him with robbing that female, and attempting to violate her person—he said, "I did not rob her"—I theft conveyed him to the station—I searched him, and found upon him two duplicates, and the part of the brooch produced in his fob pocket—it has been identified by Mr. Jones and the prosecutrix—I was before the Magistrate when the prisoners were there—they made a statement—it was taken down, and read over to them—they were not asked to sign it in my presence—I know the handwriting of Mr. White, the Magistrate—this is his signature—(read)—"The prisoner Sullivan says, the young woman called out, 'Cabby, I want a ride'—she followed me to where I set the two gentlemen down—I asked her where she was going—she said, 'Any where'—I offered her a glass of gin, and I had a glass—the young man asked where he should drive to—I told him, Charing Cross—the female asked where she was—I told her—she insisted on getting out, and then I got on the box."

SULLIVAN— GUILTY . Aged 37.— Transported for Ten Years.


26th November 1838
Reference Numbert18381126-55
VerdictGuilty > unknown

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55. PETER CONNOLY was indicted for stealing, on the 13th of September, 28 yards of printed cotton, value 14s., the goods of Charles Perrott and another, his masters.

CHARLES PERROTT . I am in partnership with Mr. Watts, and live in St. Giles's, Cripplegate. The prisoner was in our employ—I missed some printed cotton on the 14th of September—it was taken on the 13th—this is it—(looking at it.)

THOMAS REEVE . I live in Gray's Inn-lane, and am a pawnbroker. The

prisoner came to pawn this cotton on Tuesday, the 14th—I detained him, and struggled with him in the shop.

GUILTY .* Aged 18.— Confined One Year.

26th November 1838
Reference Numbert18381126-56
VerdictGuilty > unknown

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56. CHARLES BROWN was indicted for stealing, on the 5th of November, 5 candlesticks, value 12s.; 1 blanket, value 7s.; 1 table cover, value 1s.; 1 toilet cover, value 1s.; 1 counterpane, value 8s.; 1 pillow, value 4s.; and 1 pillow-case, value 1s.; the goods of Charles Battcock.

EUNICE BATTCOCK . I am the wife of Charles Battcock, and live in Montague-place, Cox-court, Little-Britain. The prisoner came to lodge at my house on the 4th of October—on the morning of the 5th of November, I went into his room, and missed all the articles stated—some of them are here now—they are the things that were then missing, and what I let him with the lodgings.

Prisoner, Q. Why did you wish to buy the candlesticks of me on Saturday morning? A. I did not do so.

Prisoner. I brought them all out of the country. Witness. I can take my oath that they are all mine—the pillow-cases are marked.

HANNAH PEARSON . I live in Monkwell-street, and am a monthly nurse to the prosecutrix. All these things are the prosecutrix's—I have had them in my hand at times for these two years.

EDWARD SCHOFIELD . I live in Montague-place. At half-past six or seven o'clock on the morning of the 5th of November, I saw the prisoner run down Montague-place—I ran and stopped him—he had two bundles—he threw one away, and had one in his hand when I took him—these are the things that were in the bundles.

Prisoner's Defence. There were one or two after me, and being a country young man, I was frightened, and dropped them-if I could have brought the carrier that brought the things to London, I would.

GUILTY . Aged 39.— Transported for Seven Years.

26th November 1838
Reference Numbert18381126-57
VerdictGuilty > unknown

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57. EDWARD LEE was indicted for stealing, on the 28th of September, 561bs. weight of white-lead, value 1l.; 2 pots, value 8d.; 1 gallon of oil, value 3s.; 1 bottle, value 6d.; 1 gallon of turpentine, value 6s.; 1 can, value. 1s. 6d.; 1 piece of pumice-stone, value 6d.; 31bs. weight of putty, value 6d.; 1lb. weight of paint, value 1s.; 1 pan, value 1d.; 1lb. weight of red-lead, value 6d.; and 1 brush, value 3s. 9d.; the goods of Peter Broad.

MR. DOANE conducted the Prosecution.

PETER BROAD . I live in Tavistock-court, Covent-garden, and am an oil and colourman. On the 28th of September, the prisoner came to my shop, and said he had been recommended to me by a good customer, he was told I could supply him with colours on reasonable terms, that he had taken a house at No. 36, Fitzroy-market, and should want a considerable quantity of colours to paint—he gave an order for goods to the amount of 1l. 18s. 6d., to be sent at four o'clock that afternoon, as he said he should be in the way to return the money—the order was put up, and I sent Mark Coles with it, and a bill and receipt—this is the bill, the receipt has been torn off—I instructed Coles not to leave them without the money, but be returned without the money; and next day I sent my shop-man

and boy in search of the prisoner—I was in search of him till the 6th of November, when I gave him into custody.

MARK COLES . I am in the prosecutor's employ. On the 28th of September, I carried these goods and bill, by my master's direction, to a person of the name of Lee, No. 36, Fitzroy-market—I got there, and found no such name—the landlady refused to take them in—I went to several other places, and was returning home, when I met the prisoner in Tottenham-court-road—he said "I am glad you are come, as I was just going home;"—he told me to go back with him to the market, and he pointed out No. 22, and said, "This is the house I have taken"—it appeared to be a house shut up—he said "Stand them down here, the landlady will not give me admittance till her husband comes home"—I put down the goods, and left them there—he produced a cheque, which he said he had got to go down to the City for, and he would call and pay my master at eight o'clock—I tore the receipt off the bill, and brought it back—I left the goods, and did not find him until he was in custody.

Prisoner, Q. Did I not tell you I could not pay you then, and not to leave them without you were satisfied? A. You pressed me all you could to leave them.

JOHN WOODHAM . I life in Norris-street, Clare-market, and am a timber-merchant-in the beginning of October, the prisoner came to me and said he had got a little lot of paint to sell, and asked if I would buy it—I bought half a pot of white lead, and some oil and turps—he asked me 25s.—I gave him 18s. for it—he showed me this bill of the goods—it is Mr. Broad's bill.

SAMUEL MATTHEWS , (police-constable F 29.) On the 6th of October, I went to Mr. Woodham's shop, and got this bill from him.

OLIFF GOODENOUGH . I live at No, 22, Fitzroy-market. I do not know any thing of the prisoner—he was not living there on the 28th of September—I have kept the house for six years.

Prisoner. I know nothing of No. 22, but the goods were put down close to the shop of Mr. Goodenough, which I had taken.

CHARLES GOODENOUGH . I know the prisoner. He took a shop of me the latter part of July or beginning of August, at No. 36, Fitzroy-market—he paid a deposit, but never completed his bargain—I had possession of the house on the 28th of September—he never was there—it is only a shop, and not a house—he was to take possession in October, but never had the key, nor ever went there to remain.

GUILTY . † Aged 40.— Transported for Seven Years.

26th November 1838
Reference Numbert18381126-58
VerdictMiscellaneous > unfit to plead

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58. ANN TRESCOTT was indicted for stealing, on the 30th of October, 8 handkerchiefs, value 6s. 4d., the goods of John Eveleigh.

(The prisoner did not plead to the indictment, and upon the evidence of Mr. M'Murdo, surgeon of the gaol, she was found not of sound mind.)

26th November 1838
Reference Numbert18381126-59
VerdictGuilty > unknown

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59. MARY DONOGHUE was indicted for stealing, on the 3rd of November, 61bs. weight of bacon, value 3s., the goods of William Walker.

RALPH ORMSTON . I live with William Walker, of High-street, Marycheesemonger. The policeman came and told me he saw the prisoner take the bacon out of the window—I could not miss it, but I believe this is my master's—(looking at it.)

WILLIAM AUSTIN (police-constable D 114.) On Saturday night, the 3rd of November, I saw the prisoner go into the prosecutor's shop three or four times, and at a quarter before nine, I saw her take one of these pieces from a board near the door—I stopped her, and turned her cloak on one side, and found the other piece in her basket.

Prisoner. I did not mean to steal it—I was going to look at it at the light. Witness. She had got three or four yards from the door, and was going away with it under her clothes.

GUILTY . Aged 46.— Confined One Month.

26th November 1838
Reference Numbert18381126-60
VerdictGuilty > unknown

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60. JAMES BRINKWORTH was indicted for stealing, on the 28th of October, 1 handkerchief, value 1s., the goods of a person unknown, from his person.

EDWARD CHARLES BROWN , I live with my parents in Princes-street, Old-street-road. I am twelve years old—I was going along High-street, Shoreditch, on the 28th of October, and saw a lady and gentleman—the prisoner and another one were following the gentleman—the other one lifted up the tail of his coat, drew his handkerchief out, and gave it to the prisoner—they then ran off—I told the gentleman—he felt his pocket, and his handkerchief was gone—he ran after the two, and the prisoner ran, and before he was taken he threw the handkerchief behind him—I am sure I saw the other boy draw the handkerchief, and give it to this boy—they appeared to be acquainted—one did not appear to be concealing the other—the prisoner was looking at the other when he did it.

THOMAS MALIN (police-constable H 74.) On the 28th of October, I was in High-street, Shoreditch. I saw a gentleman running after the prisoner, and I hastened up to meet him—the gentleman caught him, and gave him into my custody, for robbing him of his handkerchief—he went part of the way to the station-house, but did not go there—the prisoner admitted to me that he had received the handkerchief from the other, with the intention of purchasing it for a halfpenny.

Prisoner's Defence. A boy came to me and asked me to buy a hand-kerchief for 1d.—I had but one halfpenny, and I gave him that for it.

JURY to EDWARD CHARLES BROWN. Q. How far did you follow the prisoner and the gentleman? A. Not above half-a-dozen yards—I had known the other boy by sight—I have often seen him in Shoreditch.

(The prisoner received a good character.)

GUILTY . Aged 14.—Recommended to mercy.— Confined Three Months.

26th November 1838
Reference Numbert18381126-61
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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61. THOMAS LEVOYER and HENRY LAYCOCK were indicted for stealing, on the 1st of November, 1 pewter pot, value 1s. 8d., the goods of Thomas Ratcliffe; and 1 pot, value 1s. 2d., the goods of William Walter Wale.

THOMAS RATCLIFFE . I keep the Swan, at Bayswater. This is my quart-pot—(looking at one)—I do not know when it was lost.

WILLIAM WALTER WALE . I keep the Bayswater tavern. This pint-pot is mine—(looking at one)—I did not miss it till I was told it had been found.

JOHN CHEESE . I live at No. 6, Elms-lane, Bayswater. On the 1st of November I was coming out of my garden, and saw Laycock put a pint-pot into the other prisoner's pocket—I called "Stop thief"—they both ran

away-Levoyer pulled a quart-pot out of his pocket, and threw it down, and then the pint one—I took them up, and gave them to the officer.

HENRY LOVETT . I am a policeman. I took the prisoners, and have produced the pots.

JAMES EVANS . I was at home, and heard the alarm—I ran out, and saw the prisoner Laycock—I pursued him, and apprehended him in Park-street.

Levoyer. I went to work—I went to dinner, and had to go back again, at three o'clock, and in coming up the town, Laycock took up these pots and gave them to me, and said, "We will take them to the public-house."

JOHN CHEESE re-examined. He took the pint-pot off the top of the rails, and put it into the other's pocket.

(Levoyer received a good character.)

LEVOYER*— GUILTY . Aged 18.— Confined Six Months.

LAYCOCK— GUILTY . Aged 18.— Confined Three Months.

26th November 1838
Reference Numbert18381126-62
VerdictGuilty > unknown

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62. GEORGE WILLIAMS was indicted for stealing, on the 17th of November, 127lbs. weight of tobacco, value 48l., the goods of Jacob Nathaniel Barlin and another; and that he had been before convicted of felony.

JACOB NATHANIEL BARLIN . I am a tobacco and snuff manufacturer. I have lost 1271bs. weight of tobacco, value 48l.—I am in partnership with my brother David—I have examined this tobacco—(looking at it)—it is ours.

Cross-examined by MR. PAYNE. Q. Who is M'Mahon? A. The person employed in carting tobacco from the London Docks—I am sure this is mine—it has a mark on it—it was stolen on its transit to our house—it was a purchase made at a public office—I had not seen it before—I know it by the mark on the bale, and by the excise permit which accompanies it from the Docks to our stock—there is no possibility of mistaking it.

JOHN M'MAHON . On Saturday evening, the 17th of November, I took a bale of tobacco into my cart with other things—I was going to Mr. Barlin's down Wormwood-street, and had the bale safe then—I proceeded about thirty yards further, and missed the bale—I ran up the street, and met a young man who gave me information—I went round the corner into Bishopsgate-street, and saw the prisoner with the bale on his back-not three minutes elapsed between my seeing it safe and seeing it on his back.

Cross-examined. Q. Did you miss it by turning round to look for it? A. Yes—I was riding on the front—I was nearly at Broad-street—the prisoner had got, I suppose, twenty yards past the watch-house, nearly opposite to Houndsditch—I did not notice whether he was sober—he stumbled, and the bale fell on the ground—my master's name is Henry Foster Mellin—he would be answerable for the bale if lost—my instructions were to carry it to Mr. Barlin's—it weighed 1271bs.—the prisoner could get that upon his back off the cart without assistance—it was not fastened in any way—it was quite at the tail of the cart—I felt no motion of the cart when it went away—it could not have dropped—it was right up to the tail-ladder—it was pulled over the tail-ladder, which was chained up as tight as I could chain it.

JOHN M'QUILLON . I was standing in Wormwood-street on this evening, and the prisoner passed me with this bale on his back-M'Mahon came to me—I saw him overtake the prisoner in Bishopsgate-street.

Cross-examined. Q. Was he sober? A. He seemed so to me—he was before me when he stumbled—he tripped from the weight of the bale.

HENRY PICKERING HILL . I produce a certificate from Mr. Clark's office of the conviction of the prisoner, on his own confession, of stealing a hand kerchief from my person—he is the same person I am certain—(read,)

GUILTY .*—Aged 21. Transported for Seven Years.

26th November 1838
Reference Numbert18381126-63
VerdictGuilty > unknown; Guilty > unknown

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63. GEORGE WILLIAMS and EDWARD SMITH were indicted for stealing, on the 7th of November, 4 pairs of trowsers, value 1l. 1s.; 3 jackets, value 19s.; 2 waistcoats, value 11s.; 3 sheets, value 7s.; and 3 caps, value 7s.; the goods of George Ford.

GEORGE FORD . I live at Hampton. On the 7th of November the prisoner Williams came to my house—he represented himself to be living with Mrs. Coombs, at Hampstead, and he said she had sent him to fit himself with a suit of clothes and a suit for a bigger boy in their service—I selected the goods, and sent them by him, thinking they were going there; but, on the contrary, they went and changed their things, and put them on—I do not deal with Mrs. Coombs—I do not know her personally—I knew there was such a person, and that she was a respectable lady who could pay—I took Williams's word—I sent four pairs of trowsers, three jackets, and two waistcoats—I was to have two pairs of trowsers back, and other things, and the money for what they kept-in the evening I took the prisoners into custody with the clothes on—they were making their way to Hampton—I did not find the whole of the clothes on their persons—some were left in a cow-shed or barn where they exchanged their clothes.

PHILIP HUMPHREYS . I am a pawnbroker. These two waistcoats were pledged in the names of Smith and Williams by the two prisoners.

THOMAS BERRYMAN . I saw Smith under Mr. Fisher's cart-house, and as I was going to Mr. Ford's shop, I saw Williams come out with a bundle—Smith went to him, and they went off together.

GEORGE FORD . I have known Williams about twelve months—his father works in the malt line—he had lived with Mrs. Coombs I know for some time—I do not know the other.



Confined three Months.

26th November 1838
Reference Numbert18381126-64
VerdictGuilty > unknown

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64. MARY TAYLOR was indicted for stealing, on the 29th of October, 1 cloak, value 1l. 1s., the goods of George Streeter; and that she had been before convicted of felony.

EDWIN STREETER . I live in Lisson-grove, and am brother to George Streeter, a linen-draper. On Monday evening, the 29th of October, I missed a cloak from inside the shop—this is it—(looking at it)—it is a cloak of ours, but whether it has been sold I cannot say—we missed one of this description, and answering the pattern—I had seen it safe in the morning.

GEORGE HENNINGTON (police-sergeant D 9.) The prisoner was given into my custody on Tuesday the 30th of October—I found the cloak on her, after I got to the station-house I asked where she got it—she said, "I bought the ticket of it of a girl," but she could not tell who she was, and said she

took it out of pledge at a pawnbroker's, in Chapel-street, Edgeware-road—she could not tell me the pawnbroker's name—I went to Mr. Streeter, and asked if they had lost a cloak, and they said, "Yes"—I went to No. 2, Nightingale-street, where the prisoner was supposed to live, and I found the cape of the cloak down the water-closet.

Prisoner. The cloak was ray own—I bought the duplicate of it, and had only just got it out of pledge—I went into the house and left the cape, and when the people heard that the officer was coming to search, they went on hide it—I can bring a witness that, on Monday evening, I was in a female's company, and never left it—I told him I got it out of pawn, at Trail's, in Chapel-street—the policeman told the Magistrate that I had denied my name—I was in liquor. Witness. She did not tell me her came, or I would have gone there—she did not ask me to find the pawn-broker—she was not in liquor.

EDWARD KEEL (police-constable S 103.) I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—(read.) The prisoner is the person who was tried and convicted.

GUILTY . Aged 30.

26th November 1838
Reference Numbert18381126-65
VerdictGuilty > unknown

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65. MARY TAYLOR was again indicted for stealing, on the 30th of October, 2 onions, value 8d. the goods of Edward Mordecai; and 1 shirt, value 2s. 6d., the goods of Joseph Lakin.

JOSEPH LAKIN . I live in Edgeware-road, and am a haberdasher. I lost this shirt on the 30th of October—(looking at it)—it has my shop-mark on it—I cannot say that it was not sold—my shopman saw it safe at five o'clock, when he went out to tea, and when he came back it was missing—it has not been sold to our knowledge.

GEORGE HENNINGTON (police-sergeant D 9.) I found this shirt on the prisoner at half-past six o'clock the same day.

Prisoner. It belonged to the person I lodged with, and I was going to pawn it.

EDWARD MORDECA . I live in New Church-street, and am a fruiterer, and sell onions. I missed two onions on the 30th of October—they were similar to those that are here.

Prisoner. I bought the onions in Covent-garden.

WILLIAM CLARKE . I Saw the prisoner walk into Mr. Mordecai's shop, and take two onions out.

GUILTY *. Aged 30.— Transported for Seven Years.

26th November 1838
Reference Numbert18381126-66
VerdictGuilty > unknown

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66. GEORGE JOINER was indicted for stealing, on the 16th of October, 1 shirt, value 6s., the goods of George Bishop; and that he had been before convicted of felony.

JAMES ALEXANDER . I live in Lancaster-street, St. Pancras, and am a shoemaker. Mr. George Bishop lives exactly opposite to me—he is a bricklayer-between one and two o'clock in the afternoon of the 16th of October, I was at my street-door, and saw the prisoner put this shirt under his coat, and walk down the street—he took it from a hue in Mr. Bishop's private yard-no one had any right to go there—I gave information about it, and sent a lad after the prisoner—he was overtaken—the shirt was thrown down, picked up, and brought to the station-house.

WILLIAM GEORGE HOWARD . I live with my parents, in Hampton-court,

St. Pancras. I was in Lancaster-street, and saw the prisoner come down with a shirt in his hand—I ran after him to Cromer-street, and saw him chuck the shirt into Mr. Shoppin's shop—he gave it to the policeman.

JANE ORAM . I saw the shirt thrown into the shop, and it was given to the policeman.

(police-constable E 68.) I have had the shirt ever since in my possession—Mr. George Bishop is not here—his son Henry appeared before the Magistrate—he is since dead—it has the mark, "G. E. B." on it.

Prisoner. It is all quite false.

ROBERT DOCK RAY (police-constable D 56.) I produce a certificate of the prisoner's former conviction from Mr. Clark' office—(read)—he is the man that was tried and convicted.

GUILTY *. Aged 46.— Transported for Seven Years.

26th November 1838
Reference Numbert18381126-67
VerdictGuilty > unknown

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67. MARY PARKER was indicted for stealing, on the 4th of November, 1 pewter pot, value 1s. 8d., the goods of William Taylor; and 1 pot, value 1s. 2d., the goods of Charles Simpson.

WILLIAM TAYLOR . I keep the Half-Moon and Seven Stars at Hammersmith. This quart-pot is mine—I do not know when I lost it.

ROBERT WISE . I am pot-man to Charles Simpson, who keeps the Lion public-house, at Bayswater. I met a person named Kelly—I went and searched the prisoner, and found this pint-pot, which is my master's, on her—she said she was going to take it home—when we got further on she dropped this quart-pot from under her cloak.

JOHN KELLY . I am a milk-man, and live in Lavender-place, Bays-water. On the evening of the 4th of November the prisoner passed me—I saw her take a pint-pot from No. 1, St. Agnes-place—I told Wise, and followed her—I saw a quart-pot drop from under her clothes.

Prisoner. I did not have the quart-pot at all.

(The prisoner received a good character.)

GUILTY . Aged 28.— Confined One Month.

26th November 1838
Reference Numbert18381126-68
VerdictGuilty > unknown

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68. WILLIAM PRICE was indicted for stealing, on the 31st of October, 2 pewter pots, value 2s., the goods of Mary Williams; and that he had been before convicted of felony.

THOMAS SHIPTON . I live in High Holborn; my mistress keeps the Old Windsor Castle public-house. On Wednesday evening, the 31st of October, I was in the tap-room—the prisoner came, and asked to be shown to him the back yard—he returned quicker than usual, and I saw his pockets stick out—I found these pots in his pockets—they are the property of my mistress, Mary Williams.

Prisoner. I did it on purpose to be transported, as I cannot get work to do, and was in great distress.

JOHN DUTHOIT (police-constable E 97.) I produce a certificate of the former conviction of the prisoner, from Mr. Clark's office—(read)—the prisoner is the person.

GUILTY . Aged 20.— Confined Six Months.

26th November 1838
Reference Numbert18381126-69
VerdictNot Guilty > unknown

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69. WILLIAM STRONG was indicted for stealing, on the 29th of October, 1 shilling, the monies of Thomas Clayton, his master.

GEORGE HANSFORD . I am bar-man to Thomas Clayton; he keeps the Coach and Horses, Edge ware-road; the prisoner was his porter and under bar-man. On Monday evening, the 29th of October, I watched the prisoner, and saw him take one shilling from the till—he had just served a customer, who paid him in halfpence, and, as he put them in with his right-hand, he took one shilling out with his left, and kept it in his hand two or three minutes-a customer came in for some beer—he went to draw it, and dropped the shilling into the beer-sink—I still kept my eye on the shilling till Mr. Clayton came down—I told him—he went to the sink, and saw the shilling there, and gave him into custody—he said he had taken a shilling of the man that was standing at the bar, to take 1 1/2 d. for a pint of beer—the man said it was no such thing—he then said he took it from his pocket to send for his supper—when the policeman came in he said he hoped Mr. Clayton would forgive him, it being the first time.

Cross-examined by MR. DOANE. Q. You were standing close to him? A. About three yards from him—there was no one in the bar but I and the prisoner—he was drawing beer while the shilling dropped—he said, as he took it from the man it dropped down—I saw him put the 1 1/2 d. in the till—he pulled the till wide open, and took the shilling out.

PETER GLYNN (Police—constable D 151.) I was called in—the prisoner was crying very much, and said he hoped his master would not be hard upon him, or he was done for.


26th November 1838
Reference Numbert18381126-70
VerdictGuilty > unknown

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70. JOHN BROOKS was indicted for stealing, on the 3rd of November, 1 dead fowl, value 2s. 6d., the goods of George Sargeant.

GEORGE SARGEANT . I live in High-street, Marylebone, and am a cheesemonger. On the night of the 3rd of November I received information from a man—I went into the street, and saw the prisoner—I followed him up the street—he ran away—after running some distance I called to a man to stop him, and he fell—I found my fowl under him—I had seen it safe not ten minutes before—it appears he did it from want.

GUILTY . Aged 22.—Recommended to mercy by the Prosecutor.

Confined One Month.

26th November 1838
Reference Numbert18381126-71
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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71. ELIZABETH JONES was indicted for stealing, on the 6th of November, 1 shawl, value 4s. 6d.; 1 bonnet, value 12s.; 3 gowns, value 9s.; 4 aprons, value 2s.; 1 shift, value 2s.; and 1 handkerchief, value 6d.; the goods of Thomas Humphries, her master.

MARY ANN HUMPHRIES . I am the wife of Thomas Humphries, a school-master, and live at No. 7, Walker-terrace, Old Kent-road. The prisoner was my apprentice between five and six years—on the 6th of November she left me without notice—I have missed a bonnet, three dresses, and the other articles stated—they are all mine—I found her that day, with the things on her, in Gray's Inn-road—she said she was going to seek a place.

Prisoner. I have been very ill-treated by my mistress. Witness. Never in my life.

WALTER CAMPBELL (police-sergeant E 16.) I took the prisoner—she said her mistress had her clothes at her house.

Prisoner. I have been very much ill-used and abused by my mistress, and have had my head cut open with a knife by her.

GUILTY . Aged 15.- Judgment respited.

26th November 1838
Reference Numbert18381126-72
VerdictGuilty > unknown; Not Guilty > unknown

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72. FRANCIS ELLIOT and BENJAMIN HAZLER were indicted for stealing, on the 31st of October, 1 knife, value 4s., the goods of William Henry Kimpton.

WILLIAM HENRY KIMPTON . I live in Eaton-street, Pimlico, and am a baker. I had a knife in my shop about five o'clock, on the 31st of October-in about ten minutes it was gone—this is it—(looking at it.) JOHN LEGG (police-constable B 155.) At half an hour before eight o'clock, on the 31st of October, I saw the prisoners together—I followed them to Mrs. Munro's, and when they came out I searched them—this knife was found on Elliot by the other officer—they had been together a quarter of an hour.



26th November 1838
Reference Numbert18381126-73
VerdictGuilty > unknown; Guilty > unknown

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73. FRANCIS ELLIOT and BENJAMIN HAZLER were again indieted for stealing, on the 31st of October, 1 box, value 1d.; 8 shillings, and 4 sixpences; the goods and monies of Ann Munro.

ANN MUNRO . I live in Grosvenor-place, and am a grocer. On the 31st of October, about eight o'clock, I missed a box, four sixpences, and eight shillings—this is the box—(looking at one.)

JOHN LEGG . I was on duty about a quarter before eight o'clock that evening, and saw Elliot go down on his hands into the prosecutrix's shop-Hazler was outside for a quarter of an hour talking to him opposite the window before he went in—Elliot came out and joined Hazier again—I went up and asked what they were doing in the shop, they said, "Nothing"—I found the box in Elliot's pocket, with the money in it, not three minutes after I saw him go round to the till.

ELLIOT*— GUILTY . Aged 12.

HAZLER*— GUILTY . Aged 11.

Transported for Seven Years to the Juvenile Prison.

26th November 1838
Reference Numbert18381126-74
VerdictNot Guilty > unknown

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74. LOUISA SMITH was indicted for stealing, on the 3rd of November, 1 veil, value 6s.; I printed book, value 1s.; and 1 seal, value 5s., and 4 shillings, the goods and monies of John Lea, her master.

ELIZABETH LEA . I am the wife of John Lea, and live at Clerken well—the prisoner was in our service for a month—on Saturday evening, the 3rd of November, I missed from the mantel-piece 4s.—I searched her box, and found this veil, book, and seal, which are mine.

WILLIAM KING (police-constable G 120.) I was present when the box was searched, and saw these things found—the prisoner said a lady gave her the veil, and the book and seal were Mrs. Lea's property—the box was not locked.

Prisoner. The veil is mine—I wore it all the time I was there.

ELIZABETH LEA . I can take my oath it is mine—I lost it while she was in my service—I met with an accident, and tore it, and sent it to be repaired, and it has a double thread in that place—I saw her with some-thing round her neck, but not suspecting her, I did not notice it.

Prisoner, I wrote a letter, and took the seal, to seal it—I meant to put it back again—there was a great deal of insult given to me, and I gave notice to quit—my mistress wished me to go up stairs, to see for a bit of soap, and I did—she wished me to stop, and on Sunday night, at half-past

six o'clock, she accused me of the money—she then accused me of the veil and other things—I had no lock on my box.


26th November 1838
Reference Numbert18381126-75
VerdictGuilty > unknown

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75. MARY WALKER was indicted for stealing, on the 10th of November, 1 cloak, value 1l.; 1 gown, value 2l.; 1 collar, value 12s.; 1 cap, value 5s.; 1 handkerchief, value 5s.; 1 bonnet, value 1l.; and 1 ring, value 10s.; the goods of Mary Ann Stokesbury.

MART ANN STOKESBURY . I live in Chicksand-street, and am a widow. On the 9th of November the prisoner came to lodge with me—she was to pay 1s. 6d. for a room, and I was to have a reference—the next morning I went out to do half a day's work, and she asked me for some needle-work—I gave her some, and had not been gone two hours, before I was sent for, and missed her, and all the things that were there—these are them—(looking at them.)

FREDERICK POOLE . I am a pawnbroker. On the 10th of November, the prisoner pledged this cloak and gown with me.

THOMAS DUMKLET . I am a jeweller, in Bunhill-row. On the 10th of November, a young woman, resembling the prisoner, came and asked if I would buy a ring—I asked if it was hers—she said yes, she had won it at a raffle—she asked 1s. 6d.—I gave her 1s. for it.

SAMUEL MOORE (police-constable H 48.) I saw the prisoner coming out of a coffee-shop—I took her to the prosecutrix, who identified the bonnet on her head as hers.

GUILTY . Aged 20.— Confined Six Months.

26th November 1838
Reference Numbert18381126-76
VerdictGuilty > unknown

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76. ELLEN CROOK was indicted for stealing, on the 19th of October, 1 umbrella, value 8s.; 6 napkins, value 2s.; and 1 cravat, value 6d.; the goods of William Parrot Lovegrove, her master.

MR. PHILLIPS conducted the Prosecution.

ELIZA CAMILLA LOVEGROVE . I am the wife of William Parrot Lovegrove, who keeps the Fladong hotel—the prisoner was in our service—I had occasion to attend the police office, where she was to be examined on another charge, and saw she had my silk umbrella—I had her keys taken from her—the officer went to where she stated she lived, and then I saw some cravats and napkins of mine—I had missed the umbrella some weeks.

Cross-examined by MR. PAYNE. Q. How long? A. Four or five weeks—she left me on the 20th of October—I saw the umbrella again on the 29th—she gave her right address, and gave up her keys—the umbrella is here—it had been raining in the morning when she came to the police-office—the napkins are my husband's—I bought them in Oxford-street, some years ago—the letter "L," with a dot after it, is on them—she left me because I had a dispute with her—it did not come to high words—it was on account of her neglecting her business, and I told her she did not suit me—she did not give me notice—she begged to stay—she left on the 20th—I had a dispute with her on the 19th—I blamed her for taking the vinegar out of a room without the sanction of a gentleman it belonged to—she did not tell me she should go the next day—I gave her notice, and she left the next day—the handle of the umbrella is very remarkable—there is a hole in it which has been sewed—I am quite sure it is mine.

MR. PHILLIPS. Q. Did she tell you where she took it from? A. Yes,

from the bath-room door—I had missed it several weeks before—I had repaired it myself.

HENRY WILLIAMS (police-sergeant E 8.) I went to the prisoner's lodgings, having received the key from the prisoner—I opened the trunks, and found six napkins in a box that was locked, and in another box, not locked, I found this cravat.

Cross-examined. Q. Did you take her to her lodgings? A. No-only Mrs. Lovegrove—the prisoner told the magistrate that she was going out the week before, that the umbrella was at the bath-room door, and she took it, as it rained-here is the letter "L" on the napkins.

GUILTY . Aged 25.— Confined Six Months.

(There was another indictment against the prisoner, on which no evidence was offered.)

Sixth Jury, before Mr. Sergeant Arabin.

26th November 1838
Reference Numbert18381126-77
VerdictGuilty > pleaded guilty

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77. JAMES YOUNG was indicted for stealing, on the 3rd of November, 1 pair of trowsers, value 16s., the goods of Robert Debenham and another; to which he pleaded

GUILTY . Aged 24.— Confined Three Months.

26th November 1838
Reference Numbert18381126-78
VerdictGuilty > pleaded guilty

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78. MARY GREEN was indicted for stealing, on the 10th of November, 1 bottle, value 1s., and 1 tumbler, value 1s., the goods of Charles Vickery; to which she pleaded

GUILTY .* Aged 34.— Confined Three Months.

26th November 1838
Reference Numbert18381126-79
VerdictGuilty > pleaded guilty

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79. EDWARD RUSSELL was indicted for stealing, on the 11th of November, 2 1/2 lbs. weight of cheese, value 1s. 9d., the goods of Robert Newberry, his master; to which he pleaded

GUILTY . Aged 17.— Confined Three Months.