Old Bailey Proceedings.
14th September 1840
Reference Number: t18400914

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Old Bailey Proceedings front matter.
14th September 1840
Reference Numberf18400914

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CENTRAL CRIMINAL COURT.

SESSIONS PAPER.

MARSHALL, MAYOR.

ELEVENTH SESSION, HELD SEPTEMBER 14TH, 1840.

MINUTES OF EVIDENCE,

Taken in Short-hand

BY HENRY BUCKLER.

LONDON:

GEORGE HEBERT, CHEAPSIDE.

WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.

1840.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT.

Held on Monday, September 14th, 1840, and following Days.

Before the Right Honourable Sir CHAPMAN MARSHALL , Knt., LORD MAYOR of the City of London; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Anthony Brown, Esq.; Sir Peter Laurie, Knt.; and Sir John Cowan, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; Thomas Wood, Esq.; James White, Esq.; William Magnay, 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 Newgate, holden for the said City, and Judges of the Central Criminal Court.

LIST OF JURORS.

First Jury.

John Noades

Francis Owen

John Wilson

Nathaniel Nicholas

William Penn

William Collet Millwood

Matthew Messenger

Joshua Nunn

Joseph Allen

Thomas Edgington

William Nicholls

John Morriss

Second Jury.

Arthur Pegler

Thomas Broadhurst

Joseph Miller

Thomas Postell

John Adams

George Richard Phillips

Edward Braicher

Charles Penton

Lewis Gordon

Robert Noise

James Addis

John P. Smith

Third Jury.

Samuel Morrison

George Russell Parker

Thomas Fowles

John Rigby Fisher

John Alexander Nunn

Thomas Evans

John Corbans

William Anderson

William Dunnage

Thomas Ryder, Jun.

Thomas Potter

Henry Martin

Fourth Jury.

George Cook

William Alwin

Thomas Mills

Charles Nerton

Thomas Nicholl

James Newman

William Mowles

Samuel Younger

John Mason

Thomas John Greenham

William Nash

John Nayler

Fifth Jury.

Daniel Neale

George James Maddox

Martin Nunn

Richard Vandome Ormsby

Peter Martin

William Henry Powel

William Robert Pritchard

John Waller

John Allen

Elijah Chambers

Joseph Varty

Uriah Massy

Sixth Jury.

Alexander Dakin Russel

George Tipping

Frederick Pridham

Thomas Manning

James Nisbett

Alexander Norton

Richard Smith

Thomas Naylor

Stephen Youlden

John Hooper

John Pratt Upson

W. Needes

CENTRAL CRIMINAL COURT.

MARSHALL, MAYOR. ELEVENTH SESSION.

A star(*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk† that a prisoner is known to be the associate of bad characters.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, September 14th, 1840.

First Jury, before Mr. Recorder.

PETER JONES.
14th September 1840
Reference Numbert18400914-2213
VerdictGuilty > lesser offence
SentenceImprisonment

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2213. PETER JONES was indicted for an indecent assault.

GUILTY of a common assault. Aged 62.— Confined Twelve Months.

CHARLES TAYLOR.
14th September 1840
Reference Numbert18400914-2214
VerdictGuilty > unknown
SentenceImprisonment

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2214. CHARLES TAYLOR was indicted for stealing, on the 19th of August, 1 handkerchief, value 2s., the goods of Nathaniel Charles Harris from his person.

NATHANIEL CHARLES HARRIS . I live in angle-court, Skinner-street. on the 19th of august, about half-past twelve o'clock at night, I was on Ludgate-hill—I felt something touch my pocket behind—I turned round, and found the prisoner and another man behind me—I thought they had been robbing me, and asked if they had—they said, "no, and were passing on—I saw my handkerchief in the hands of the other person—I took hold of him, and he gave the handkerchief to the prisoner, who ran away with it—I afterwards saw it take from him at the station-house—this is it—(looking at it.)

Cross-examined by MR. PHILLIPS. Q. was he asked how he came by it? A. not heard—h had denied that he had it.

JAMES ROGERS (city police-constable, No. 314.) I was on duty on Ludgate-hill, and hearing the prosecutor cry out "police," I went up to him—he said his pocket was picked of a handkerchief, and the prisoner had got it—I took the prisoner as he was walking down Ludgate-hill—I searched him at the station-house, and found the prosecutor's handkerchief stuffed up his trowsers, and this other also.

Cross-examined. Q. Was any one else taken up on this charge? A. Yes—that person escaped.

GUILTY .* Aged 23.— Confined Twelve Months.

SARAH ANN LASSITER.
14th September 1840
Reference Numbert18400914-2215
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2215. SARAH ANN LASSITER and was indicted for stealing, on the 20th of August, 1 half-crown, and 1 shilling, the monies of Benjamin baker, her master; to which she pleaded

GUILTY. Aged 14.—Recommended to mercy. — Confined Ten Days.

EDWARD BRYANT.
14th September 1840
Reference Numbert18400914-2216
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2216. EDWARD BRYANT was indicted for stealing, on the 29th of August, 1 handkerchief, value 1s., the goods of Robert Hallett, from his person; to which pleaded

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

MARY STEPHENS.
14th September 1840
Reference Numbert18400914-2217
VerdictGuilty > unknown
SentenceTransportation

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2217. MARY STEPHENS was indicted for stealing, on the 25th of August, 12 10l., and 10 5l. promissory notes, the property of Thomas James, junior, from his person.

MR. CLARKSON conducted the Prosecution.

THOMAS JAMES , Jun. I am a cattle salesman, and live at St. Cloud, Cornwall. I have one partner. The money in question was the produce of beasts, which I had sold on account of myself and partner—I had not seen my partner since I sold them—on the 22nd of August I sold 125 beasts for 1200l. odd—I paid 1046l. 15s. into the bankers, all in cheques—I was entitled to a larger portion of the money than I had in my pocket—I came to London on Tuesday, the 25th of August, from Norwich—I had at that time 200l. in country notes, some of the Norwich bank, and five sovereigns, and some silver—a little after nine o'clock on Tuesday evening I went into a cigar-shop on Ludgate-hill, and purchased three cigars—I changed half a sovereign to pay for them—I kept my purse in an inside pocket, in the waistband of my trowsers—I took out my purse to get the half-sovereign—I then placed my purse in my left-hand pocket, not in the same pocket, and came out of the shop—on coming out I saw the prisoner close to the window—I had not observed her before—I think she was in a position to have seen me in the shop—when I came out she asked me where I was going—I said, "Not far"—she invited me to go to a house—I agreed, and we went to a Mrs. Green's, No. 13, King's Head-court, near Shoe-lane, I think—I had not been in the house a quarter of an hour before I missed my notes from my pocket—I had been on the bed with her—I told her she had robbed me of some Bank-notes—she denied it—I said, "You have, and I shall not let you go till I have a policeman"—I kept her there, I suppose, for an hour, trying to get a policeman—I desired the woman of the house to send for one, but she would not—they said they would accompany me to a policeman—we came a little way from the house, and just by a public-house Mrs. Green said, "You had better come in here, and have something to drink"—we went in, and had a pot of porter—my object was not to lose fright of them, and I thought the landlord or landlady might send for a policeman—I asked the landlady to do so, but she refused—we then left the house—a few minutes after we met a police-man, and I gave her in charge—after we had got about 100 yards she made a stop, and said she would go back and speak to the woman—the police-man said, "You are not going back, you are doing something"—he looked at her feet, and said, "You have dropped something there"—he stooped down, picked it up, and said, "Here the notes are"—I saw him pick them up near her feet.

Cross-examined by MR. PHILLIPS. Q. Were these notes the property of your partner and yourself? A. Yes—I should have to account to him for them—I have told nearly all that happened—I remember the servant girl coming up after I was robbed—I did not charge her with robbing me—I told her I had been robbed of some Bank-notes, and desired her to send for a policeman—I told the prisoner that she had robbed me, and whether the servant girl had received the notes from her I could not tell—the prisoner took off her gown, and I took off her boots to search her, but no further, that I swear—I thought she might have concealed the notes in her boots—they were laced boots—she was not stripped to her shift—nothing was taken off but her gown and boots—I searched the room, and took up the carpet, and shook it—the woman of the house desired me to search my

own person, to see if I had any thing—I took out some papers, my purse, and a small bag, containing some barley—after the search the prisoner said she was very sick, and desired to have a little gin—she sent for it herself—I did not drink any of it—Mrs. Green desired me to leave the house—we had nothing but the pot of porter at the public-house—the landlady said she would have no policeman in her house—I was quite sober—Mrs. Green did not put her arms round my neck in the street—I did not pull out my handkerchief in the street, nor any thing else—the prisoner said she had got a home of her own, and asked me to go with her, and stop all night—I promised to do so, thinking to get her out of the house, and to meet a policeman, which I did, and gave her in charge—she did not say, "Now give me in charge, if you choose"—I have been in London many times—I was close to the prisoner when the policeman picked up the notes—she did not say, "How could I have secreted your notes after you searched me in the house and found nothing?" that I swear—nor did she say, in my presence, that the notes were not dirty—she was not strapped twice, once to her shift, and once to her stays.

MR. CLARKSON. Q. Were her clothes taken off at all? A. No—the public-house we went into was near Mrs. Green's—I do not know the name of it—when I was at the cigar-shop the notes were in my fob, in one end of my purse, and the five sovereigns in the other end—I missed all the notes from my purse at the brothel—I had not meddled with the notes at the cigar-shop—I was at the brothel about an hour and a quarter altogether—I did not take my purse out till I missed the notes—I felt it outside, and thought it did not feel so large—as it ought—she was then fitting on the bed at my left-hand side—she had the opportunity of taking the purse out and replacing it—we were sitting in that position about ten minutes, or between that and a quarter of an hour.

THOMAS HARRIS . I am a supernumerary constable of the City police. On Tuesday, the 25th of August, I was on duty at the corner of King's Head-court, Shoe-lane, and saw the prisoner and prosecutor—the prosecutor said, "I give this woman in charge for robbing me of 200l. in country Bank-notes"—I took her in charge—when we got about half-way down Harp-alley, I observed her shift about a good deal, and the wanted to walk by herself—all of a sudden she turned round and said, "I shall fetch the woman of the house"—she leant herself forward and pulled up her clothes, as it were—I had some suspicion, pushed her aside, and there lay the notes—the prosecutor was about two yards to the left of her at the time, on the other side of the gutter—I was between them—he had not gone over the spot where the notes were.

Cross-examined. Q. Were you walking all close together? A. All three abreast—I had hold of the prisoner by the left arm—she had only her right hand at liberty—it was a dry starlight night—I cannot say whether there was any moon—the prisoner said, "How could I have secreted these notes when I was searched twice?"—I dare say the prosecutor was within hearing at that time—we were all three abreast—he made no answer to it.

MR. CLARKSON. Q. She did not say any thing about having been searched to her stays and shift? A. She said she bad been searched to her shift—I delivered the notes to inspector Lloyd.

SAMUEL LLOYD . I am an Inspector of the City police. The prisoner and prosecutor were brought to the station-house by Harris, and I received

from him these notes—(producing them)—I asked the prosecutor if he had any private mark by which he could recognize them as his property—he said no; that he received them from various country banks, and he believed the largest number was from the Norwich bank—he said he believed the sum total was 190l. or 200l., in tens and fives—they are tens and fives, and they amount to 200l.

THOMAS JAMES re-examined. I had no mark on the notes I lost, but these are such as I had in my purse—I believe them to be the same I lost.

(Maria Rolph, of Cumberland-buildings; L—Pulley, of Grafton-street, Marylebone; gave the prisoner a good character till within twelve months; since which they had not known her.)

GUILTY . Aged 27.— Transported for Ten Years.

NEW COURT.—Monday, September 14th, 1840.

Fifth Jury, before Mr. Sergeant Arabin.

HENRY WILLIAMS.
14th September 1840
Reference Numbert18400914-2218
VerdictGuilty > unknown
SentenceImprisonment; Miscellaneous > fine

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2218. HENRY WILLIAMS was indicted for assaulting Emily Beecham and Mary Ann Beecham, with intent, &c.

GUILTY.* Aged 64.— Confined Eighteen Months, and fined £50.

Sixth Jury.

JOHN WILLIAMS.
14th September 1840
Reference Numbert18400914-2219
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2219. JOHN WILLIAMS was indicted for stealing, on the 25th of August, 1 cape, value 12s.; 2 caps, value 6s.; 1 handkerchief, value 1s. 6d.; the goods of William Runting; from the person of Sarah Runting; to which he pleaded

GUILTY . Aged.— Confined Six Months.

JOHN PERRING.
14th September 1840
Reference Numbert18400914-2220
VerdictGuilty > pleaded guilty
SentenceTransportation

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2220. JOHN PERRING was indicted for stealing, on the 15th of August, 1 coat, value 5s.; and 1 waistcoat, value 2s.; the goods of Stephen Nelson.—2nd COUNT, stating them to belong to Sarah Perring: to which he pleaded

GUILTY .** Aged 12.— Transported for Seven Years—Convict Ship.

ROBERT WINTER.
14th September 1840
Reference Numbert18400914-2221
VerdictGuilty > unknown
SentenceTransportation

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2221. ROBERT WINTER was indicted for stealing, on the 23rd of August, 1 handkerchief, value 2s., the goods of Thomas Powell, from his person.

WILLIAM BAKER (City police-constable, No, 132.) Between ten and eleven o'clock in the morning on the 23rd of August, I saw a mob—I ran up and the prosecutor had the prisoner in his custody—the prosecutor had this handkerchief, which I now produce, in his hand.

THOMAS POWELL . I am a linen-draper. I was in Barbican, and had this handkerchief in my pocket—I did not feel it taken, but a witness told me of it—I seized the prisoner, and took it from his trowsers.

Prisoner. I did not have it, I will be on my oath.

RACHEL TWEEDALE . I was in Barbican—I saw the prisoner draw the handkerchief out of the prosecutor's pocket, put it into his own pocket, and cross to the other side—I called the prosecutor.

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

JOHN PHILLIPS.
14th September 1840
Reference Numbert18400914-2222
VerdictGuilty > unknown
SentenceTransportation

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2222. JOHN PHILLIPS was indicted for stealing, on the 9th of September, 5 yards of woollen cloth, called buckskin, value 17s. 6d., the goods of William Morley Burnett and another.

SHORE HOUSTON . I live in Portland-terrace, Wandsworth-road. On the 9th of September I was going up Ludgate-hill, about a quarter-past twelve o'clock, and saw the prisoner take a piece of cloth from a pile which was half inside and half outside the prosecutor's door—he put it under his arm—I went in and told the shopman—he came out and cried, "Stop him"—the prisoner threw the cloth down, and the shopman picked it up—he then ran up a turning—I followed, and my foot happening to touch his foot, he fell—I took hold of him—he struck at me twice, but another person came up and secured him.

SAMUEL DOUDNEY . I conduct the business at No. 29, Ludgate-hill, This cloth is the property of William Morley Burnet and another—it has my own mark on it—the shopman who ran after the prisoner is not here—he was before the Magistrate, but he refused to take an oath.

SHORE HOUSTON re-examined. I believe this to be the cloth—I saw the prisoner throw it down, and saw the shopman pick it up and give it to the policeman.

WILLIAM DEVONSHIRE (City police-constable, No. 237.) This piece of cloth was given to me—I have had it ever since—I took charge of the prisoner.

Prisoner. I am innocent.

GUILTY .* Aged 17.— Transported for Seven Years—Convict Ship.

JOHN SMITH.
14th September 1840
Reference Numbert18400914-2223
VerdictGuilty > unknown
SentenceImprisonment

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2223. JOHN SMITH was indicted for stealing, on the 4th of September, 1 handkerchief, value 4s., the goods of John Nisbett Man, from his person.

JOHN NISBETT MAN . I live at Kennington. On the 4th of September, about half-past eight o'clock, I was talking to a friend on Ludgate-hill—I felt some papers move which were in my pocket—I had my handkerchief in that pocket—I turned and saw the prisoner taking my handkerchief from my pocket—this is it.

Cross-examined by MR. PHILLIPS. Q. Before the Magistrate, did you state that you saw him taking the handkerchief from you? A. Yes, I did.

Q. Did you not say, "I turned round and saw the prisoner with my handkerchief in his hand?" A. Yes; but I saw him take it from my pocket, and I told the Magistrate so—what I said was taken down and read to me—my handkerchief was partly in my pocket—my pocket is behind me.

GEORGE VENTUM (City police-constable, No. 312.) I was on duty on Ludgate-hill—I saw the prisoner and another following the prosecutor and another gentleman—I saw the prisoner take the handkerchief from the prosecutor's pocket, as he and his friend were looking into a cigar-shop.

GUILTY . Aged 14.— Confined Three Months.

LOUIS PHILLIPPE.
14th September 1840
Reference Numbert18400914-2224
VerdictGuilty > unknown
SentenceImprisonment

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2224. LOUIS PHILLIPPE was indicted for assaulting a constable in the execution of his duty.

GUILTY .— Confined Three Months.

WILLIAM SMITH.
14th September 1840
Reference Numbert18400914-2225
VerdictGuilty > unknown
SentenceImprisonment

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2225. WILLIAM SMITH was indicted for a common assault.

GUILTY .— Confined One Month.

BRIDGET COOTS.
14th September 1840
Reference Numbert18400914-2226
VerdictGuilty > unknown
SentenceImprisonment

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2226. BRIDGET COOTS was indicted for a common assault.

GUILTY .— Confined One Month.

MARY KING.
14th September 1840
Reference Numbert18400914-2227
VerdictGuilty > unknown
SentenceImprisonment

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2227. MARY KING was indicted for an assault.

GUILTY .— Confined Six Weeks.

WILLIAM JENNINGS.
14th September 1840
Reference Numbert18400914-2228
VerdictGuilty > unknown
SentenceImprisonment

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2228. WILLIAM JENNINGS was indicted for an assault.

GUILTY .— Confined Three Months.

OLD COURT.—Tuesday, September 15th, 1840.

Second Jury, before Mr. Sergeant Arabin.

WILLIAM ALLCOCK, JAMES KNIGHT.
14th September 1840
Reference Numbert18400914-2229
VerdictGuilty > pleaded guilty; Guilty > with recommendation
SentenceImprisonment; Imprisonment

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2229. WILLIAM ALLCOCK and JAMES KNIGHT were indicted for a conspiracy; to which Allcock pleaded

GUILTY . Aged 50.— Confined Nine Months.

MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.

JOSEPH DOWLING . I am a captain in the army, and am barrack-master of St. James's. I have the superintendence of the Wellington barracks—Sir Rufane Shawe Donkin, Knt., James Whitley Deans Dundas, Esq., and the Hon. George Anson, are the board officers—the prisoner, Knight, was superior barrack-serjeant—there were ordinary barrack-sergeants under him, of whom Allcock was one—on the 1st of July a contract was made with Messrs. Cory for coals—it was my practice to send a written order to the contractors for coals which were wanted for the public service—I allowed no one to apply to the contractor without my written order, which was the contractor's authority to supply the quantity there stated—it was Knight's duty to see that the quantity ordered was properly delivered—Allcock assisted, if he had no other duty—there was no necessity for more than one—Knight might receive and check the quantity himself, or desire Allcock to do it, or if Allcock was doing it, Knight might send him away and do it himself—this is the order which I sent to Messrs. Cory, on the 11th of July——(The order was dated 11th July, desiring Messrs. Cory to send, on the 15th, to the Wellington barracks twenty-four tons of coals, for the 3rd battalion of Grenadier Guards, and twelve tons to go into the barrack-masters store)—it would be the duty of Knight or Allcock, whichever attended to the receipt of the coals, to receive the tickets sent with them, to see that the quantity mentioned in the tickets was received, and to file the tickets in my office—the account is made up quarterly from the tickets, and I give a certificate for the quantity so certified as having been received—these tickets (producing some) refer to that order of the 15th July—I keep a double entry of these things, one in a private book and the other in a public book, in which entries are made by Knight in the office—that entry—(referring to it)—represents the coals ordered on the 15th to amount to twenty-four tons, received for the use of 3rd battalion of Grenadier Guards, and twelve tons as received into my store.

Cross-examined by MR. CHAMBERS. Q. I believe there is an office in which Knight used to sit and keep accounts? A. Yes, he kept his accounts in my office, at the Wellington barracks—a sergeant from St. George's and Sergeant Allcock also went to the office when business required—they had access whenever they thought proper—there was no clerk or accountant in the office but Knight—at times the duties in the office were rather heavy, so as occasionally to require Knight's constant attendance in the office—the duty of four barracks was done in that office

—I told Allcock that he was to superintend the delivery of coals from the commencement of July—I gave him a written order to that effect—I told him he was to be present at the receipt of all coals, candles, wood, and straw, commencing on the 1st of July—that was to enable Knight to attend more to my books—he had before that occasionally attended to the delivery of coals, not always—if Allcock was otherwise engaged, he might attend—if Allcock could attend Knight need not be present, but he could send Allcock away to any other duty, and attend himself—one or the other must see them delivered—I have been barrack-master at the Wellington barracks about four years and a half, and have known Knight during that time—he always gave me every satisfaction before—I had no fault to find with him—he was there before me—we occasionally take stock of what remains in the barrack-master's store—no deficiency has ever been discovered—there has sometimes been a surplus in some trifling articles.

MR. BODKIN. Q. Do you know of your own knowledge who attended to the receipt of the coals on the 15th at July? A. I was not present all the time—while I was there, in the early part of the morning, Allcock was receiving them—I did not see Knight there myself, but I only saw one load delivered—I saw Knight at my house that day.

WILLIAM CORY , Jun. I am in partnership with my father, as coal-merchants, and carry on business at Barge-house Wharf, Lambeth. On the 11th of July Allcock came to me with this order for twenty-four and twelve tons of coals, at 19s. 6d. a ton—he came into the counting-house, closed the door, and said that a saving could be effected; that, instead of twenty-four tons, we need only send twenty, and instead of twelve, eight; but that we should send the tickets for the twenty-four and the twelve tons, and that receipts would be given us for those quantities—our suspicions had been excited before this, and I was instructed by my father, in case a proposal of this sort was made, to dissemble my feelings, that we might expose them—I therefore told Allcock that he must see my father—he said nothing further to me about money—I said as little to him as I could.

ROBERT PARK . I am clerk to Messrs. Cory. I was on the premises on the 13th of July—Knight and Allcock came there together, and asked for Mr. Cory the elder—I told them he was at the market—Allcock said, in Knight's presence, that there were coals to go to the Wellington Barracks, that they should not want so many as were ordered, and he asked me if I thought Mr. Cory would give them the money for the coals that they did not want—I said I thought he would not—Allcock said 15s. a ton was what they expected—they were there about a quarter of an hour—Allcock said he was barrack-sergeant, and Knight was his superior, and that it was usual for other contractors to do so—I referred them to Mr. Cory, and said he would be back by half-past four o'clock—they waited till he came—I did not hear what passed between them—I afterwards received instructions from Mr. Cory how to act, and next afternoon Allcock came to the counting-house, and took two tickets from me for four tons each—Mr. Cory had told me he was coming for them, and to give them to him—Allcock told me he had come for the tickets—the delivery took place on the 15th—twenty tons were sent for the troops, and eight tons for the barrack-master's store, and I sent tickets corresponding with that quantity—in the afternoon, after the delivery, the prisoners came to the counting-house both together—Knight said he had come to give the

receipt for the coals—I took a piece of paper and wrote a receipt, which he signed in my presence—this is it—Allcock said nothing—he stood by—(this receipt was signed, "James Knight, superior barrack-sergeant" and acknowledged the delivery of twenty-four and twelve tons of coals)—after Knight had signed it, they still waited about, and did not seem disposed to go—I asked them if they expected the money—they both said, "Yes"—I said I thought it would be time enough to pay them when we received the money—they said they had given the receipt, and every thing would be right—I still declined to pay them, and said I must consult Mr. Cory before I could do so; upon which, Knight said Allcock should come over next day—they then went—next day Allcock came, and I then paid him 6l.—in doing that, and every thing else, I acted under Mr. Cory's directions.

Cross-examined. Q. Was this the first contract Messrs. Cory had had? A. It was—they had delivered twenty tons, I think, at St. George's Barracks—I think that was all one order—I believe it was for a battalion there—Allcock and Knight were in their private clothes when they first came—I had seen Knight before, but not Allcock—Allcock did not say there was not room to hold the coals that were ordered, nor that he should get into a scrape for having ordered so many—nothing of the sort was said—Allcock said it was customary to allow them 15s. a ton—I said I had never heard of such a thing—Knight said we had never had the contract, and that was the reason.

MR. BODKIN. Q. How long have you been clerk to Messrs. Cory? A. Thirty years—it was the first contract they had had from these barracks.

WILLIAM CORY . I am a partner with my son. We had the contract in question—on the afternoon of the 13th of July Allcock called on me, and said he was aware that contracts were taken at a low price, and therefore it would, no doubt, be acceptable to us to make a saving—he then stated that he had brought two orders, one for twenty-four, the other, for twelve tons, and out of those two a saving could be effected of four tons on each, and they should expect an allowance for the coals not delivered—he did say who he meant by they—he said former contractors had done the same thing—I told him I must take time to consider of it, and he might see me next day—I had suspicions, and appeared to humor the thing—I felt I had no other course to pursue, as an honest man—I had had no communication with Government about it at that time—he seemed alarmed, and said he hoped, if I did not consent, that I would not expose him—Mr. Hawes, M. P. for Lambeth, lives next door to me—I went to him, and communicated what had passed—I had appointed for Allcock to come next afternoon, which he did, and I consented to his proposition—I stated that I thought he wanted a very large proportion of the benefit arising from it—he wanted 15s. a ton—he observed, "Oh, but you save the cartage on the coals you don't deliver," which had never occurred to me, and I thought it very ingenious of him—the cartage would be 3s. or 4s. a ton—I think that was all that passed—I let the coals be delivered according to their desire—I was authorized to do so, and I gave instructions to Mr. Park how to act.

CAPTAIN DOWLING re-examined. I received this paper from Knight, in the course of his duty—it is his handwriting—(This was dated 11th July, informing Captain Dowling that twenty-four and twelve tons of coals wererequired, and signed James Knight)—it was in consequence of that paper that I gave the order—this letter—(looking at one)—is Knight's handwriting.

Cross-examined. Q. Before that letter was written by him, I believe he showed you another letter, which he had written? A. Yes—I did not altogether approve of it, and I suggested to him that he had better write in more respectful terms—I read the first letter—I cannot say whether it is destroyed—(The letter being read, was dated 5th August, addressed to Sir Hussey Vivian, soliciting mercy and forgiveness, on account of his (Knight's) age and long service)—Sir Hussey Vivian is Master General of the Ordnance—I recommended him to write a letter to the Master General, thinking it might do him good—I did not dictate the letter—the coals were for her Majesty's service.

(The prisoner received a good character.)

KNIGHT— GUILTY. Aged 68.—Recommended to mercy.

Confined Twelve Months.

FREDERICK DYER, WILLIAM CHAPMAN.
14th September 1840
Reference Numbert18400914-2230
VerdictsGuilty > with recommendation; Guilty > unknown
SentencesImprisonment; Imprisonment

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2230. FREDERICK DYER was indicted for stealing, on the 1st of September, 181bs. weight of hay, value 9d., the goods of William Baker: and WILLIAM CHAPMAN , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.

WILLIAM BAKER . I am a farmer, and live at Harrow. I had a stack of hay in cut—I missed some on the 1st of September, and on the morning of the 2nd some more—Dyer lives within twenty yards of the stack—Phillips brought some hay to roe, it was brown hay, I compared it, and know it to be part of my stack—I missed the full quantity, and Dyer said, voluntarily, "I took the hay off the cut, and put it into Chapman's sack" Chapman is a marine-store dealer—the hay is worth 9d.

JOHN PHILLIPS . I am a policeman. The prisoners were brought to me on Tuesday night, with the hay—Dyer stated that Mr. Hills, of E—, had given him the hay—I let them go—I went to Hill next day, and in consequence of what he said, I took the hay down to Mr. Baker's Rick, compared it with it, and then took the prisoners into custody—Chapman acknowledged to me that he had received some two or three times before, and that he had bought this hay the night before of Dyer for 2d.

Chapman. The boy acknowledged that he had the hay given to him—I never saw it myself. Witness. He acknowledged to me that he had given 2d. for it—Dyer lives with his mother, who keeps a toll-gate, she has no hay—Chapman lives about a mile and a half from them—he must know she was not a farmer—the sack belongs to a person at Covent-garden market, and Chapman said be bad borrowed the sack.

JOSEPH MARTIN . I am a policeman. I was on duty on the 1st of September at Bishopsgate, and between seven and eight o'clock I saw Dyer with a sack of hay—he said he had received it from a farmer's cart named Hill—I watched him, and saw Chapman give him 2d., and then he threw the hay into Chapman's cart—I took them both into custody—Dyer told the sergeant he received the hay from Hill's carman—the sergeant took their names, and allowed them to go home, and in the morning they were apprehended again—Chapman keeps a horse and cart, and goes about the country a good deal.

Chapman's Defence. I know nothing about the hay at all, it was unknown to me; I did not put it into my cart—I saw nothing of it.

(Dyer received a good character.)

DYER— GUILTY. Aged 15.—Recommended to mercy.

Confined Five Days.

CHAPMAN— GUILTY . Aged 74.— Confined Twelve Months.

HENRY MAIDMENT.
14th September 1840
Reference Numbert18400914-2231
VerdictGuilty > unknown
SentenceImprisonment

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2231. HENRY MAIDMENT was indicted for stealing, on the 24th of August, 1 coat, value 15s.; 1 waistcoat, value 2s.; 1 handkerchief, value 2d.; and 1 tobacco-box, value 3d.; the goods of Thomas Barnes.

THOMAS BARNES . I am a tailor, and lodge at a coffee-house in London-wall—the prisoner lodged in the same room with me for a week. On the 24th of August I missed these articles from my bed-room—the prisoner slept there on Sunday night, and went away on Monday morning—when I got up the articles were gone, which had been safe the night before—I found him at the station-house on the Wednesday morning with my coat and waistcoat on—he said I had sold them to him, but I had not—he asked me, during the week, whether I had a coat to sell—I said I had one, but did not care about selling it—he asked me the price of it—I said I did not know—he had no permission to take any thing away—this is my coat, waistcoat, and tobacco-box—(looking at it.)

Prisoner. Q. Did not you see me at breakfast on Monday morning? A. No, I never saw you after Sunday evening—I lent you the coat to wear on Sunday, as you said you were going to Greenwich—I did not ask you if you were going to wear it every day—you came home on Sunday night at ten o'clock, and gave me the coat, and thanked me.

JOHN LEWIS . I am a policeman. On Tuesday evening, the 25tb, I had information that a robbery was committed, and the man was in Skinner-street—I there took the prisoner with this coat, waistcoat, and tobacco-box, on him.

RUTH CAMPION . I keep the coffee-house. The prisoner owed me a week's rent on Sunday for board and lodging—he promised to pay me on Monday morning, but he never returned.

Prisoner. Q. Was I not there at breakfast? A. Yes.

GUILTY . Aged 20.— Confined Three Months.

JANE HAMMERTON.
14th September 1840
Reference Numbert18400914-2232
VerdictGuilty > unknown
SentenceTransportation

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2232. JANE HAMMERTON was indicted for stealing, on the 19th of August, 1 gown, value 1s.; 2 petticoats, value 10s.; 2 pairs of stockings, value 4d.; 1 shawl, value 2s.; 1 half-sovereign, 1 crown, and 2 half-crowns; the property of William Philip Godfrey, her master.

MARY GODFREY . I am a laundress, and am the wife of William Philip Godfrey, of Paddington—the prisoner was four weeks in our service, and twelve months ago she lived with us also. On the 19th of August I went out about eight o'clock in the evening, leaving her in care of the house. with my daughter, who is eight years old—I returned at eleven o'clock, and she was gone—she had taken off her own clothes, and put on these articles, which belong to two ladies who I wash for—she knew they were not my own—the shawl, stockings, and money are mine—these are what I missed—(looking at them)—the dress is quite new, and she has cut it about—I had given her strict orders to pay this money to the landlord when I left that night—she left her own clothes in the middle of the room.

PATRICK CONOLLY . I am a policeman. From information I apprehended the prisoner on the morning of the 28th of August—I told her I wanted her for stealing a gown, two petticoats, other articles, and some money—she said, "I acknowledge to have taken the gown and petticoats,

but I did not take the money"—I found the skirt and sleeves of the gown on her, the body was found at her lodging.

FREDERICK LEIGHTON . I am a pawnbroker, and live in Lisson-grove. I have a petticoat which was pawned for 2s., I believe by the prisoner.

CHALOTTE LOWE . I keep a clothes-shop. On the 21st of August the prisoner sold me this petticoat for 1s.—she had it on her back, and said she was in distress—I asked her four times if it was her own—she said it was.

Prisoner's Defence. I did not take the money, she gave her daughter orders to pay the rent.

MARY GODFREY re-examined. My daughter is not nine years old—I told the prisoner the money was on the shelf, if the person should call.

GUILTY .* Aged 16.— Transported for Seven Years.

JOHN GUIELDEY.
14th September 1840
Reference Numbert18400914-2233
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2233. JOHN GUIELDEY was indicted for bigamy; to which he pleaded

GUILTY . Aged 44.— Confined Three Months.

WILLIAM KING.
14th September 1840
Reference Numbert18400914-2234
VerdictGuilty > unknown
SentenceTransportation

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2234. WILLIAM KING was indicted for stealing, on the 19th of August, 11 spoons, value 2l. 14s.; 1 pair of sugar-tongs, value 7s.; 1 pair of spectacles, value 7s.; 1 tea-caddy, value 2s.; 1/2 lb. weight of tea, value 2s.; 1 shawl, value 10s.; 1 muffineer, value 10s.; 2 razors and case, value 5s.; 1 purse, value 1s.; and 1 basket, value 2s.; the goods of John Williams.

MR. BALLANTINE conducted the Prosecution.

EDWARD FARRINGTON . I am assistant to Mr. Dutton, a shoemaker, at Beckford-row, Walworth. Mr. John Williams was remaining at his house, having come from Wales—on the 19th of August a cab, which was engaged the over night, came to the house between six and seven o'clock in the morning, driven by the prisoner—I assisted in putting the parcels into the cab—there was, among others, a cane basket, containing articles belonging to Mr. Williams—this is the basket—(looking at)—I was not aware of the contents—I gave it to the prisoner, and he put it inside the cab himself—there was a padlock to it—I do not know whether it was fastened.

Cross-examined by MR. PAYNE. Q. Had you ever seen the prisoner before? A. Never—MR. Williams had ordered the cab the night before—I am quite certain the prisoner is the man I gave the things to—I knew the basket before, it belonged to Mr. Williams—he had been there about two months.

WILLIAM THOMPSON . I am porter at the Swan with Two Necks, Lad-lane. On the morning of Wednesday the 19th of August I remember a cab coming there with a gentleman and lady, and some luggage—the prisoner is the man who drove it—I know his face well—I helped to unload the cab—I did not take any parcel from inside, but from outside—I then asked the cab man if he had any more parcels inside, after it appeared to be unloaded, and he said, "No"—there was no basket of this kind taken out—I saw all that was taken out brought into the office.

Cross-examined. Q. I believe you asked the gentleman himself if every thing was out? A. Yes, and he said he believed he had got them all, but soon after the cab was gone he missed the basket—I had never seen the prisoner before—I saw him at Guildhall and knew him again—I can swear to him.

WILLIAM MYERS . I am waterman at the King's-head public-house,

Manor-place, Walworth. I saw the prisoner on the 18th, when the cab was hired—I never knew him before—I believe he was on the stand—I am certain he is the man—he was to go next morning at seven o'clock to Mr. Dutton's—I saw the gentleman next morning, and the prisoner also—the gentleman called me up out of bed next morning—I went with him to find the man who had driven him—I went in company with the gentleman to different cab stands—he saw the prisoner at his house, and said, "That is the man"—the prisoner went with us—he said he knew nothing at all about the basket—after the gentleman bad left him and given him a drop of gin in Black friars-road—he came down and abused me at the Old King's-head, and told me watermen ought not to know any thing.

Cross-examined. Q. He had been having something to drink then? A. Yes—I went with the gentleman—I have never been in trouble—I was never before a jury or judge in my life—I was never accused of taking any thing that did not belong to me.

CHARLES HITCHES . I am a policeman. I went to the George public-house, in Black friars-road, which is a watering house, on the 22nd of August, in company with Mr. Douglas, I there saw a person named Ionn—I made inquiry of him, and he showed me this basket—the hasp had been broken off, and tied with this cord—the plate which is now in it was in it then—he stated where he got it—Douglas claimed it as Mr. Mills' property, and he gave it up.

MATTHEW SEYMOUR IONN . I am barman at the George public-house, in George-street, Blackfriars-road, about half a mile from the Swan with Two Necks. I assist my sister who keeps the house—I have known the prisoner two or three years—he frequents our house when he is near it—I remember the morning this occurred—I cannot be certain whether it was Wednesday or Thursday—I believe it was Wednesday—about eight o'clock in the morning, just as I came down, it might have been a little after eight, the prisoner was in the bar, and this basket was left at the house—it was not given into my hands by the prisoner, but if he had called for it I should have given it to him—I did not receive it from him, but should have given it up to him—it was left that morning in the bar, and at that time.

Cross-examined. Q. How many more people were there there? A. Six or seven—I found a party down stairs—the prisoner was tipsy at the bar—I said, "As'usual, some bother or other"—there was some confusion about a green yard—the basket was in the bar when I came down, where parcels are generally put—I did not see who put it there, but the prisoner was the only person among them who I knew—I think this was on the Wednesday, but I could not swear it.

COURT. Q. Why should you have given it up to him? A. He was the only person among the party at the time who I knew—three parts of them were tipsy—I thought he was the party who had left it—I certainly thought it belonged to him.

JOHN KNEEBONE DOUGLAS . I am step-son of Mr. John Williams. I know the property in this basket belongs to him—I saw them placed in the basket, which was first locked, and then tied with a rope—when I found it it had evidently been opened—I have known some of the spoons twenty-five years.

(James Webb, green-grocer, Pinto-place, Gray's Tenn.-road; George Elliott, cab proprietor; and Richard Mallett, tailor, Walham-green, Fulham; gave the prisoner a good character.)

GUILTY . Aged 33.— Transported for Seven Years.

JAMES LEWIS.
14th September 1840
Reference Numbert18400914-2235
VerdictGuilty > unknown
SentenceImprisonment

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2235. JAMES LEWIS was indicted for stealing, on the 21st of August, 1 shirt, value 18d., the goods of William Rufus Crikmore.

WILLIAM RUFUS CRIKMORE . I am a painter, and live with my parents. On the evening of the 21st of August I was bathing in the Serpentine river—I left my clothes on the shore—when I came out I missed my shirt and boots—a boy gave me information, and I went and saw the prisoner on the bridge—he had a shirt on, but, being dark, I could not swear it was mine, and while they were getting a light the prisoner ran away—he was taken in about half an hour—I saw my shirt at the station-house, and knew it—it has "R PC" on it—the boots were sent home after the prisoner was given in charge—I do not know by whom—this is my shirt—(looking at it.)

BERNARD CONOLLY . I am a tailor. I was bathing in the Serpentine, and saw the prisoner and prosecutor there—I afterwards saw the prisoner in Oxford-street—I knew him before by sight—I opened his waistcoat, looked at his shirt, and knew it to be Crikmore's—I gave him into custody.

DENNIS KEAYS . I am a policeman. There were a lot of boys collected together in Oxford-street, hallooing out that the prisoner had stolen the shirt—Conolly said he had sent for the owner—the prosecutor came up, and I asked if he could swear to the shirt—he said no—I asked if his mother could—he said yes—I took it to his mother—she looked at the tail of the shirt, saw some letters, and said it was his, and when he saw the letters he said the same.

GUILTY . Aged 19.— Confined Three Months.

SUSAN TAPSON.
14th September 1840
Reference Numbert18400914-2236
VerdictNot Guilty > unknown

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2236. SUSAN TAPSON was indicted for stealing, on the 13th of August, 1 crown and 9 shillings, the monies of James Bedford.

JAMES BEDFORD . I am a sadler. On the 13th of August I met the prisoner at Knightsbridge, and went with her to a house in the Great Almonry, Westminster—I had nine shillings and a five-shilling piece in my fob when I went there—I had given her 2s. besides—we went to bed—I fell asleep—I was awoke in the night by the landlady, who inquired if all was right—I was half-asleep, and said yes—the prisoner was then gone—I heard the door shut, which awoke me—I felt my trowsers, and my fob-pocket was cut off jagged as with a knife, and the money gone—I dressed myself and went after the prisoner with a policeman—I found her in New Pye-street, and gave her in charge—I described at the station-house what money I had lost, and nine shillings and a five-shilling piece were found on her, with 18d. more—the door of the room was locked on the inside—no one could have got in or taken it but the prisoner.

SARAH RUSSELL . I am the landlady of the house. The prisoner and prosecutor came and had a room together—she came down about three o'clock in the morning, and asked me to let her out—I asked if her friend knew she was coming out—she said he was awake—I went up stairs and found him asleep—I asked if all was right—he said all was right, and I let her go—he afterwards discovered his loss.

JOHN SCOTT . I am a policeman. The prosecutor applied to me and said he had lost a five-shilling piece and nine shillings—I found the prisoner at a ginger-beer shop, in New Pye-street, about ten minutes past three o'clock, and took her into custody—she said, "I have not robbed him, I have not got his money"—I found this purse on her, containing a

five-shilling piece, nine shillings, and 18d.—I did not find the fob that was cut off, but I found a small piece of it in this knife found on the prisoner—it was thrown away.

Prisoner's Defence. I had the money when I went to the house; I had been with a gentleman at Knightsbridge; the prosecutor was awake when I left, and knew I was going.

NOT GUILTY .

JAMES FENWICK.
14th September 1840
Reference Numbert18400914-2237
VerdictGuilty > with recommendation
SentenceImprisonment

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2237. JAMES FENWICK was indicted for stealing, on the 23rd of June, 1 pair of ear-rings, value 4s., the goods of George Woods.

GEORGE WOODS . I am a tailor. The prisoner lodged in the same house with me about four months—he gets his living by working at a laundry, I believe—I missed a pair of ear-rings out of a cupboard, and accused him and his wife of it—he denied it at first, but afterwards said he took them out of the box from distress, and sold them—he was out of work at the time—these are them—(looking at them.)

EDWARD ROPE . I am shopman to Mr. Button, a pawnbroker. I bought these ear-rings of the prisoner for half-a-crown.

CORNELIUS SAVORY . I am a policeman. I took him into custody—he said he took the ear-rings, and sold them at Mr. Button's for half-a-crown.

GUILTY. Aged 26.—Recommended to mercy. — Confined Six Months.

NEW COURT.—Tuesday, September 15th, 1840.

Fifth Jury, before Mr. Common Sergeant.

JOHN MASKELL.
14th September 1840
Reference Numbert18400914-2238
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2238. JOHN MASKELL was indicted for stealing, on the 25th of August, 2 loads of bricks, value 1l. 12s., the goods of John Jay; to which he pleaded

GUILTY . Aged 30.— Confined Six Months.

ELIZABETH ALDERMAN.
14th September 1840
Reference Numbert18400914-2239
VerdictGuilty > unknown
SentenceImprisonment

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2239. ELIZABETH ALDERMAN was indicted for stealing, on the 5th of September, 3lbs. weight of bacon, value 1s. 6d., the goods of John Cockman.

GEORGE COCKMAN . I am in the service of my father, John Cockman, a grocer, at Uxbridge. On the 5th of September, the prisoner came to the shop—she did not ask for any thing—when she was gone, I was told something, and missed a piece of bacon—I followed, and taxed her with taking it—she hesitated, then took it from under her cloak, and said, "Here it is, I took it in mistake."

Cross-examined by MR. PHILLIPS. Q. Did you not find her coming back? A. No—she was about fifty yards off—I have known her twelve months—she is the wife of a shoemaker in the neighbourhood—she has dealt at our shop.

MATTHEW EWINS . I was in the prosecutor's shop. I saw the prisoner come in—she passed me, and went round at the back of two women—her hand went behind her, and I immediately missed a piece of bacon—she went out—I saw her brought back by Mr. Cockman.

(The prisoner received a good character.)

GUILTY . Aged 47.— Confined One Month.

MARY ANN JEFFERYS.
14th September 1840
Reference Numbert18400914-2240
VerdictGuilty > with recommendation
SentenceImprisonment

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2240. MARY ANN JEFFERYS was indicted for stealing, on the 6th of August, 1 box, value 2s.; 5 gowns, value 5l.; 3 shifts, value 4s.; 2 petticoats, value 4s.; 4 collars, value 4s.; 4 caps, value 2s.; 1 printed book, value 1s.; 1 brooch, value 7s.; and 3 shawls, value 1s.; the goods of Fanny Budd.

FANNY BUDD . I lodge at the Life Guardsman public-house, at Knightsbridge. On the 6th of August, the prisoner came to my house, and staid till the Thursday following—she slept in the same room with, me—when she was gone, I missed my box, five gowns, three shawls, and the other articles stated—these are them—(examining them.)

Cross-examined by MR. BALLANTINE. Q. Are you single? A. Yes—I have been in a situation, but at that time Mrs. Byers gave me my lodging and food—I had been staying there three weeks, and doing needle-work—there were a good many persons in and out of the house constantly—I did not see the prisoner again till she was at the police-office.

MARY BUCKLEY . I live in King's-road, Gray's-inn-lane. I was staying at the Life Guardsman public-house, about the time stated—I met the prisoner on the stairs with a small box, like the box now produced.

Cross-examined. Q. Is not this public-house next to the barracks? A. it is not far from them.

GEORGE PHILLIPS . I am a pawnbroker. I have a gown pawned by the prisoner on the 24th of August.

ROBERT KENNETT . The prisoner came to my house one evening, and brought this box with her.

(The prisoner received a good character.)

GUILTY. Aged 18.—Recommended to mercy. — Confined Three Days.

SOPHIA WELLER.
14th September 1840
Reference Numbert18400914-2241
VerdictNot Guilty > unknown

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2241. SOPHIA WELLER was indicted for stealing, on the 21st of July, 1 sheet, value 5s.; 1 bolster, value 8s.: 1 flat-iron, value 1s.; 3 blankets, value 1l.; and 1 table-cloth, value 3s.; the goods of Richard Perkins.

RICHARD PERKINS . I am a cabinet-maker, and live in Old Fish-street. I let a lodging to the prisoner, and a man whom she represented as her husband—I entered the room with the man—after we had been in the room some time, the prisoner came in, 'and asked if her husband had been there—I said, "Yes," and I took her.

WILLIAM RICHARD TUCKWOOD . I am assistant to a pawnbroker. I have a bolster pawned with me, but I do not know by whom.

WILLIAM JOHN LAWS . I have a blanket pawned with me—I do not know who by.

CHARLES WOODHOUSE . I am a pawnbroker. I have an iron—I do not know by whom it was pledged.

SAMUEL KETT (police-constable C 353.) I took the prisoner—she did not give me information where to find the things.

Q. Did you not say to the Magistrate that she did? A. The information she gave me respected the duplicates—she told the prosecutor where the articles were pawned in my hearing.

RICHARD PERKINS re-examined. I asked the prisoner about the articles—she hesitated at first, and then told me where some of them were pawned—I cannot recollect whether I told her it would be better for her to tell me.

NOT GUILTY .

SARAH BEDFORD.
14th September 1840
Reference Numbert18400914-2242
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2242. SARAH BEDFORD was indicted for stealing, on the 15th of August, 27 yards of linen cloth, value 1l. 1s.; 1 shawl, value 10s.; 1 pair of spectacles, value 6d.; 1 pair of scissors, value 3d.; 2 aprons, value 4d.; and 1 cap border, value 3d.; the goods of George Spurrett: and 1 shawl, value 10s., the goods of Matilda Sparkes; to which she pleaded GUILTY . Aged.— Confined Six Months.

WILLIAM WHITNELL, ALBERT BENSON.
14th September 1840
Reference Numbert18400914-2243
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment

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2243. WILLIAM WHITNELL and ALBERT BENSON were indicted for stealing, on the 25th of August, 24 skins of leather, value 4l., the goods of Thomas Wood.

THOMAS WOOD . I am a tanner, and live in Russell-street, Bermondsey, I missed a roll of skins of morocco leather on the 26th of August—these are them—(produced)—here is a mark, which enables me to swear to them—Benson worked for me three years ago.

THOMAS WHITCHELO . I work for Mr. Wood. I finished part of these skins myself, and saw them safely folded up on the 25th of August, about half-past five o'clock in the evening, and next morning they were missed—these are them.

GEORGE KING (police-constable H 111.) I was on duty in White's-row, Spitalfields, on the night of the 25th of August, about twenty minutes past ten o'clock—I saw the two prisoners—Whitnell had this roll of leather on his shoulder—I asked where he was going to take it—he said, to the Curtain-road, and he had brought it from London-bridge—he was going the contrary way, and I took him into custody—Benson walked away rather quickly, but I am certain he is the person who was with Whitnell, and they were together when I spoke to them—I asked Whitnell who that person was, and he said he was a shopmate of his—I took Whitnell to the station-house, and inquired who his master was—he said, "Mr. Hextall, of Thames-street"—Benson was brought to the station-house the next morning, and I ran out and seized him directly—I have not a doubt of him.

Whitnell. I had them of a man in a blue apron, who told me to take them to the Curtain-road.

Benson. This young man met me, and asked me to take a walk with him, but I was not with him when the policeman took him.

WHITNELL— GUILTY . Aged 17.

BENSON— GUILTY . Aged 17.

Confined six months.

WILLIAM WILLIAMS.
14th September 1840
Reference Numbert18400914-2244
VerdictGuilty > unknown
SentenceTransportation

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2244. WILLIAM WILLIAMS was indicted for stealing, on the 20th of August, 1 cart, value 2l. 10s., the goods of James Bristow.

JAMES BRISTOW . The prisoner came to me on the 17th of August, to know if I had a horse for sale—I am a baker, but I have been out of employ for some time, and was obliged to commence general dealer in fruit, and such things—the prisoner came for the purpose of buying a pony I had to sell—he wished to see it tried in harness—I put it in harness, and put my cart to it, and drove him to Woburn-mews, as he directed me—he said he had a new set of harness there, and if it fitted the pony he would have it—I took the pony into a stable there—the harness did fit—he then said he would buy the pony, but he wanted a friend to see it, if I would permit him to have it till ten o'clock next morning—as we were coming out of the stable he said, "You have a nice light cart, lighter than mine," (pointing to a cart which stood there,) "and as you cannot make use of one without the other, perhaps you will allow me the use of that as well as the pony till to-morrow morning, and come and take your money for the pony, and then you can take it away"—I did not object to that—he took me to a public-house, and called for a pen and ink—he had a piece of paper, and he wrote on it, "You hereby agree to sell a bay pony for 4l."—I looked

at it—he said, "You put your signature to that, it is only a matter of form, that you should not make an overcharge to-morrow morning when you come for your money"—I innocently did put my signature to it—I lent him the cart till the next morning—the next morning I went to the stable, and also to an office in Marchmont-street, where he said he would transact the business—I could not find him the whole day—I went to Mr. Braham, who gave me information, and I found the prisoner at a public-house in the Frenchman's Island—I did not interrupt him while he was at supper, but when he came out I said, "I suppose you know what brought me here"—he said, "What?"—I said, "I want to know what you have done with my cart?"—"Your cart, fellow?" says he, "I bought it of you, and have sold it"—I had a young man with me, and said to him, "You are witness to that"—the prisoner said, "You may be witness, and do your best and your worst"—after that he came to some sort of terms—he said, "My good fellow, you shan't lose a farthing by me"—I said, "I want none of your farthings, I want my property; you have got my horse and cart, and put it out of my power to maintain my family"—I met him several times afterwards, with a view to get my pony back, and at last gave him into custody—this is the paper he wrote—(producing it)—here is an addition to it now—I will swear these words, "and cart," were not in it when I signed it—I will swear I did not sell him the cart.

Prisoner. I was about buying the pony, you said you would sell the cart—you took me round to a side of the cart that was broken, and said you could recommend me a man who would put a new side in for 11s. Witness. No, I did not—you said, "Do you want to sell the cart?"—I said, "I don't know, it has been a dear cart to me, I gave 3l., for it, and it cost me 12s. to repair it; and now it wants a new side, which will cost me 11s."

PETER HALDAY . I am clerk to Mr. George Richards, of Rathbone-place. The prisoner brought the cart that the prosecutor claims to me on the 20th of August, and had an advance of 25s. on it—he represented it as his own property—I had not known him before.

Prisoner. Q. I believe I told you you was not to sell it for less than 4l. 10s.? A. You did, and my reply was, that whatever amount it fetched I should consider it sold, as we advanced money on property intended for immediate sale.

Prisoner. I put a new side to it, and gave it two coats 'of paint—I agreed with the prosecutor that I would pay him on the Wednesday, as the cart was sold on the Tuesday.

JAMES DYER (police-sergeant E 2.) The prisoner was brought to the station-house, and showed me the paper, which I showed the prosecutor, who said it was not in the state in which he signed it—the words "and cart" were an addition to it.

Prisoner's Defence. I had no intention of any felony; I agreed to pay 2l. 5s. for the cart, and have a witness to prove it. I asked the prosecutor what he would take for the cart, and he said, "2l. 5s." I said, "Bring down the cart and pony, and I will try and buy them of you." He did so, and showed me that one side of the cart was broken in, and said he would tell me of a man who would mend it for 11s. I sent the cart to my wheelwright's the next day, and as the side was decayed, he put two new plates in, and said, "The best job would be to try to sell it." I took it to Mr. Halday, and told him not to sell it for less than 4l. 10s., meaning

to pay the prosecutor 2l. 5s. I had no intention to defraud him of a shilling. He brought two men to me in a public-house, and asked if I could give him any money; I said I had none, if I could get some the next day I would give him some, but he should be paid on the Wednesday. We then came out of the public-house, and came on to Guildford-street, and then one of the men seized hold of me.

CHARLOTTE KIMPTON . I keep the Earl Grey beer-shop, in the Chalk-road. The prisoner and the prosecutor came to have a pint of beer at my place—I heard the prisoner say to the prosecutor, "You want to sell your cart, don't you," he said, "Yes"—the prisoner said, "What do you want for it?"—the prosecutor said "50s."—the prisoner said, "Nonsense, I will give you 2l. 5s."—the prosecutor said, "When will you pay for it?" the prisoner said, "To-morrow night you may come to my office, or have it here"—the prisoner lives in Marchmont-street—I do not know him to live there—both the prosecutor and the prisoner are strangers to me—I never went to the prisoner's house—I do not know that he has an office—this conversation was in our tap-room—there were two or three persons there, but I do not know who they were—I did not hear any thing about a horse—when I served them beer and took the money I went about my business—I was subpoenaed to come here by Mr. Huggard—he is a house agent, I think—he lives in Marchmaont-street—I do not know whether he lives with the prisoner—I called at Mr. Huggard's this morning—I saw Mrs. Huggard—there is "House-agent" over the door—I have known Mr. Huggard about six months—I have nothing to do with him, only he comes to our house, and so do the prisoner and the prosecutor—I do not know how the prisoner gets his living—I called for Mrs. Huggard this morning, and she came with me—I did not see Mr. Huggard—I do not know how he came to call for me—I heard the conversation—I said what I heard—I said Mr. Williams bought the cart, but I did not know whether he paid for it.

JAMES BRISTOW re-examined. I went to the Earl Grey public-house on Wednesday evening, the 19th of August, to know where my property was, but as to what this lady says, it is untrue—I saw the prisoner there at supper—Huggard was in his company, and I asked the prisoner for my cart—he had the cart on Monday, the 17th.

MRS. KIMPTON. This conversation took place on the Monday night.

JAMES BRISTON re-examined. I was not there on the 17th, I never knew of the Earl Grey public-house till I received information from Braham; if it had not been for that I should not have gone—I was at home the whole evening on the 17th—the agreement about the horse took place in a public-house in Little Guildford-street.

RICHARD HUGGARD . I am a news-agent and stationer, and live at Nos. 38 and 58, Marchmont-street. I have lived fourteen months at No. 38—the prisoner has a stable in Woburn-mews, which he lets to Mr. Braham at so much per week—I was going up Gray's Inn-lane, and met the prosecutor with the pony in his cart—I asked how long he had had it—he said, "Three or four months," and he bought it at Barnet-fair—I gave him the prisoner's address, and said if he took the pony there it was probable he might meet with a person who would purchase it—I was not present at the sale of the cart—the prosecutor called at my office two or three times, and made use of very bad language to the prisoner, and I told him to take him out.

JAMES BRISTOW re-examined. I never saw the prisoner in Mr. Huggard's office, he was always denied—Mr. Huggard met me one Friday, and said I had a likely-looking pony, did I want to sell it—I said I had just bought it—I did not say I had had it three or four months—I said I should like to sell it, and he said if I went to Mr. Williams's in Henry-street, I might meet with a customer—I went, and he was not at home, and then he came to me.

JAMES LUETON . I live in Buckingham-row, Pimlico, and am a carpenter and builder. On the night the prisoner was taken I happened to be present at the Red Lion public-house, in Guildford-street—Williams and Bristow were there—they were talking about the cart—I went with them to another public-house to make arrangements—I was asked to do so by the prisoner—I had been doing some work for him, and I expected to be paid that night—I heard the prisoner say to the prosecutor he should be able to pay him the money for his cart on Wednesday, according to their agreement; and after that the prisoner was given in charge for the cart—I believe the prisoner is a painter, but I have not known him above six months—I have known Mr. Huggard six or seven months—I had a house in Mitre-court, Fleet-street, to sell, and Mr. Huggard's father-in-law, Mr. Dudley, said, "I think my son-in-law will buy it,"—I had it about seven years, and sold it to Mr. Huggard.

ANN HUGGARD . I am the wife of Richard Huggard. He is the prisoner's brother by two fathers—the prisoner has had an excellent character—I knew him some years before my marriage—I have been married four years—my husband is a news-agent and a house-agent—he buys a good deal of property—I do not know whether he has a house in the neighbourhood of Fleet-street—he does not tell me every thing.

(John Quick, a map-mounter and print-colourer, gave the prisoner a good character.)

GUILTY . Aged 40.— Transported for Seven Years.

MARY BROWN, SARAH JONES.
14th September 1840
Reference Numbert18400914-2246
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2246. MARY BROWN and SARAH JONES were indicted for stealing, on the 9th of September, 2 bags, value 3d.; 20 sovereigns, 10 half-sovereigns, 1 crown, 3 half-crowns, and 1 shilling; the property of Thomas Henry Collins, from his person; to which they pleaded

GUILTY .— Confined Eight Months.

EDWARD HARRIS DOWSETT.
14th September 1840
Reference Numbert18400914-2247
VerdictNot Guilty > unknown

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2247. EDWARD HARRIS DOWSETT was indicted for embezzlement.

WILLIAM CRUMP . I am a cheesemonger, in Goswell-road. The prisoner was my errand-boy—he took out things to our customers—if they paid him he was to pay the money to me—if he has received from James Hopkins, of Castle-street, Oxford-street, on the 5th of August, 7s. 2d.; or from Louisa Simons 3s. 3d., on the 13th of August; or 8s. from Charlotte Peeling, he has not paid any of those sums to me—it was his duty to have paid them to me on those days.

Cross-examined by MR. PHILLIPS. Q. How long had he been in your service? A. About eighteen months—he is about fifteen years old—his wages were 8s. a week—he had to feed, and lodge, and clothe himself—he used at times to receive as much as 1l., a day—I have not made a mistake—I have an apprentice, of the name of Hinton—the prisoner used sometimes to account to him.

JAMES HOPKINS . I deal with Mr. Crump—on the 5th of August I paid the prisoner 7s. 2d., and have the bill and receipt here.

LOUSIA SIMONS . I live at No. 56, King-square. On Thursday, the 13th of August, I paid the prisoner 3s. 3d.

CHARLOTTE PEELING . I paid the prisoner 8s. on the 18th of August.

JOHN PINDER . I was shopman to Mr. Crump—the prisoner did not account to me for either of these sums.

Cross-examined. Q. Did he sometimes account to you? A. Yes.

ALFRED HINTON . The prisoner has been in the habit of accounting to me for monies—he has not accounted to me for these three sums.

Cross-examined. Q. You are rather young to have people accounting to you for money? A. Yes—I never made mistakes in my accounts—I cannot swear that I never made mistakes in my accounts—I did not swear I never did, I said I did not recollect it—we had a customer of the name of Hancock—I cannot swear that she was not applied to for money which she had paid to me, and I forgot to cross it out of the book—it might have taken place, and I forget it.

COURT. Q. You must recollect such a transaction if it occurred; did you make a mistake, and forget to rub it out? A. I might have done it.

NOT GUILTY .

JAMES HARLINGTON.
14th September 1840
Reference Numbert18400914-2248
VerdictGuilty > unknown
SentenceImprisonment

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2248. JAMES HARLINGTON was indicted for stealing, on the 22nd of August, 1 saddle, value 12s.; 1 martingale, value 2s.; 1 pair of reins, value 6s.; 2 bridles, value 6s.; 1 pair of harness, value 10s.; and 1 pair of traces, value 7s.; the goods of George Wise.

GEORGE WISE . I am a farmer, and live at Porto Bello farm, Nottinghill. I employed the prisoner to break some colts of mine—on Saturday, the 22nd of August, I missed this property, and made it known, at the station-house—this is the harness—I missed it on the 22nd.

CHARLES COLLINS . The prisoner brought this harness to me on Saturday evening, the 22nd, and said be brought it from his brother.

WILLIAM WIGGINS . I am a police-inspector. I went to several places, and found half of the harness at Collins's—I apprehended the prisoner at Collins's—the other half was got from a publican.

GUILTY . Aged 38.— Confined Four Months.

WILLIAM SMITH.
14th September 1840
Reference Numbert18400914-2249
VerdictGuilty > unknown
SentenceTransportation

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2249. WILLIAM SMITH was indicted for stealing, on the 24th of August, 1 time-piece and stand, value 14s., the goods of Edward Pearson.

JULIA PEARSON . I am the wife of Edward Pearson, a broker, in Harrow-road, Paddington. On the 24th of August the prisoner asked the price of a hearth-rug, and desired me to take it home to No. 15, Maida Vale, and said they would pay for it—I went, and found there was no such number—when I returned, a time-piece which I had left safe was gone—I had left my two little girls there—I did not send him for it.

LOUSIA PEARSON . I was left at home, and the time-piece was there—the prisoner came back, and asked me if my mother had taken the time-piece—I said she had not—he asked if I could take it—I sent my little sister with it.

MARY ANN PEARSON . My sister sent me with the time-piece—the prisoner took me as far as the haircutter's, and told me to go back and fetch a wrapper—he had the time-piece—I went back, and saw no more of it—I am sure the prisoner is the man.

Prisoner's Defence. I know nothing about it.

GUILTY . Aged 33.— Transported for Seven Years.

WILLIAM SMITH.
14th September 1840
Reference Numbert18400914-2250
VerdictGuilty > unknown
SentenceTransportation

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2250. WILLIAM SMITH was again indicted for stealing, on the 20th of August, 6 brushes, value 13s. 6d., the goods of Harriet Frances Batchelor.

HARRIET FRANCES BATCHELOR . I am single, and live in Quebec-street, New-road. On the 20th of August the prisoner came to my shop, and asked to look at a set of shoe-brushes—I showed him some—he said he wanted larger ones—I showed him two other sets—he looked at them, and said he did not know which the parties would like, if I had any body to send with him to No. 15, in the Grove—a little girl was standing by my side—she said she knew where he said they were to go, and she would go—I gave two sets of brushes to the little girl, and have not seen them since, nor the prisoner, till he was in custody.

SARAH ANN GREEN . I was sent with some brushes—the prisoner was with me—he took me round the New-road, and at the corner he said, "Give me the brushes, I will wait here while you go and fetch the other set"—I gave them to him—he wrapped them up in a blue pocket-handkerchief—when I came back he was gone—I saw him afterwards going up the Harrow-road—I knew him again directly.

Prisoner's Defence. I am quite innocent of it.

GUILTY . Aged 33.— Transported for Seven Years longer.

GEORGE HAMILTON.
14th September 1840
Reference Numbert18400914-2251
VerdictGuilty > unknown
SentenceTransportation

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2251. GEORGE HAMILTON was indicted for feloniously receiving of an evil-disposed person, on the 20th of August, 1 tea box, value 1s.; 441bs. weight of tea, value 9l. 16s.; and 51bs. weight of lead, value 1d.; the goods of Edward Hammet; well knowing them to have been stolen; against the Statute, &c.

EWARD HAMMET . I am a grocer, and live, in Silver-street, Golden-square. I lost a tea box and 441bs. of tea on the 21st of August. In consequence of information I went, on the 22nd, to the prisoner's house, No. 50, Union-street—I there found the remains of the tea box, and some tea of the same description as mine—the remains of the box corresponded with the lid of the box I had at home.

Cross-examined by MR. PHILLIPS. Q. Where is the box? A. These are the remains of it—I had it from Mr. Bennett's—I have bought many boxes of tea of him—these are the boxes sold at the India House—there are thousands of them in London, and pretty much the same size—the top of the box would correspond with any box of the same size—the box was found in this state, but there are marks on the lead inside.

COURT. Q. Were these marks the same that the box you lost had? A. Yes.

MR. PHILLIPS. Q. What is the mark on the lead? A. A Chinese character—there is a Chinese character on every chest that comes—I cannot read it—they have various marks—I cannot swear it is a Chinese chest—we do not know that they come direct from China.

COURT. Q. How many parcels of tea had you in the box? A. One—it was one chest—there were seven parcels of tea in the prisoner's house—to the best of my belief, this is the remains of the box.

GEORGE JOHN RESTIEAUX (police-constable E 49.) I went to the prisoner's house on the 21st of August—he is a marine-store dealer, in Union-street, Middlesex Hospital—I saw him in the shop, and asked him if he had purchased a chest of tea—he said, "No"—I asked if he had one in his possession—he said, "No"—I said I had a warrant to search for one, and, in company with the sergeant, I commenced searching, in the shop I found this bundle of green tea on a table behind the counter,

wrapped up in this handkerchief, and on a shelf I found a canister and this little caddy, with tea in them, which appears the same sort—I went into the cellar, and under some rags I found these pieces of wood, which are some part of a tea chest—I then went up stairs, and in the sitting-room I found this caddy, with two divisions of it nearly full of tea—they all appear to correspond—I went into the bed-room, and between the bed and the mattress I found this parcel of tea, which appears to be the same—I asked how he accounted for it, but I could not catch his answer.

Cross-examined. Q. Do you know whether he is married? A. I do not know—there is a woman living there, about twenty-one years of age—I saw Mrs. Curry there—it is green tea—I am no judge of tea.

ROBERT LESTER (police-sergeant E 10.) I went with Restieaux—I saw this tea found, as he has described, and these three other parcels—they all appear to be the same tea—I heard him asked where he got the tea from when the first parcel was found—he said, "I know nothing about it; it was not here when I went out;"—when I went into the cellar, I found the tea lead in an iron pail, covered over—I said, "What do you say to that, Mr. Hamilton?"—he said, "I bought the lead"—when the pieces of the chest were found, I said, "There is a tea-chest"—he said, "I know nothing about it; I sometimes buy pieces of wood with the bones I purchase"—when I went to the bed-room I questioned him about the parcels I found there—he said, "It is part of 2lbs. I purchased, and am paying for weekly."

Cross-examined. Q. Did he not tell you that when he went out he left the shop in care of Mrs. Curry? A. Yes—he said, "I bought that lead," not "I buy lead"—I believe his answer was, "I bought that lead"—I might have told the Magistrate that he said, "I buy lead"—I do not know that I did—I affected to give to the Magistrate the answer he made me—I believe he said, "I bought that lead"—it might have been, "I buy lead," and if I swore it at the police-office, it was so—I did not mention that he left his shop in care of the woman, because I did not recollect it.

COURT. Q. What is that book which you have? A. We took it to the court, and he was asked to point out the entry of the lead, and he produced this entry in the book—(read)—" 29, George-street. Bought of Ed. King 5. 2 of lead"—these four parcels are the tea he said was part of 2lbs. that he was paying for weekly—I saw it found.

COURT to EDWARD HAMMET. Q. Is that mark on the lead what you know it by? A. Yes, the head of a figure—it is not on all chests—there are chop-marks—it is a Chinese character—they might make a great many marks of the same sort.

Cross-examined. Q. Will you swear that it is not on all? A. There is a character on all—there may be hundreds like this.

(Joseph Burleigh, carpenter, No. 21, Union-street; James Ryland, shoe-maker, No. 14, Union-street;—Dignum, a general dealer; and——Cowland, a smith, gave the prisoner a good character.)

GUILTY . Aged 32.— Transported for Fourteen Years.

(Among the articles found at the prisoner's house, were five letters from convicts soliciting assistance.)

GEORGE HAMILTON.
14th September 1840
Reference Numbert18400914-2252
VerdictNot Guilty > unknown

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2252. GEORGE HAMILTON was again indicted for feloniously receiving, on the 21st of August, of an evil-disposed person, 301bs. Weight of beef, value 10s., the goods of Elizabeth Jarvis, well knowing the same to be stolen; against the Statute, &c.

RICHARD HAWKINSON . I live with Elizabeth Jams, in Foley-street, Marylebone. On the 21st of August I lost apiece of beef, which I had seen safe between eight and nine o'clock that morning—I took it out of the cart, and placed it on the block—I saw it produced by the officer—I believe it to be Mrs. Jarvis's.

Cross-examined by MR. PHILLIPS. Q. When did you miss it? A. About half-past six o'clock in the evening—this is the bone of the beef—I took the flesh off after I had examined the beef—I swear to the bone, as constituting a part of the meat.

GEORGE JOHN RESTIEAUX . I went to the prisoner's house on the 21st of August—I found a clod and sticking of beef, weighing 30lbs.—it was quite fresh—I asked the prisoner if he knew any thing about it—he said no, it was not there when he went out, it must have been bought by the old woman, pointing to Mrs. Curry—I asked her, in his presence—she said she knew nothing about it—I asked two others that were in the room, they knew nothing about it—his wife was not at home.

NOT GUILTY .

GEORGE HAMILTON.
14th September 1840
Reference Numbert18400914-2253
VerdictNot Guilty > unknown

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2253. GEORGE HAMILTON was again indicted for feloniously receiving, of a certain evil-disposed person, 2 bottles, value 1s.; and 1 quart of capillaire, value 4s.; the goods of Thomas Masson and another.

HARRY MASSON . I am partner with Thomas Masson. We are confectioners, and live in Great Portland-street. I lost two bottles of capillaire on the 21st of August—I have examined these two bottles of capillaire—I am confident they are mine—my label is on them, and my name.

ROBERT LESTER (police-sergeant E 10.) I found these on a washhand-stand in the prisoner's bed-room—I said, "What do you know of these?"—he said, "I can speak of them when I get to the place," meaning the station.

NOT GUILTY .

JOHN HARRIS.
14th September 1840
Reference Numbert18400914-2254
VerdictGuilty > unknown
SentenceTransportation

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2254. JOHN HARRIS was indicted for stealing, on the 14th of August, 1/2lb. weight of butter, value 8d.; 2lbs. 5oz. weight of bacon, value 1s. 8d.; 4 half-crowns, 1 shilling, 1 sixpence, and 2 pence; the property of Edward Frewin.

EDWARD FREWIN . On the 14th of August, about half-past eight o'clock in the morning, the prisoner came to my shop, and ordered me to send butter, bacon, and eggs, to Mrs. Fox, in Guildford-street, and change for a sovereign—I sent them by my boy.

EDWARD SAVAGE . I am in the prosecutor's service. On the 14th of August I went to take some butter, bacon, and eggs, to Mrs. Fox—as I was going along the prisoner met me, and asked whether I was going to the Portland Arms public-house—I said, "Yes"—he said he had made a mistake, he was going to order a larger piece of bacon and some more butter—he asked if I had got the change—I said, "Yes"—he asked me to give him the bacon, and butter, and change for Mrs. Fox, and he gave me this sovereign, which is a counterfeit—I am quite sure he is the person.

Prisoner. Q. Where did I meet you? A. In John-street—I said at the station-house that you were the man.

ELIZA FOX . I did not send the prisoner for any thing on the 14th of August, nor did I receive any thing from him, or see him, till he was at Hatton-garden.

Prisoner's Defence. When the boy was first at the station-house he was asked I if was the man; he hesitated, and was asked a second time, when

he said he thought I was the man—he was asked if he was sure; he then said he was, he said he knew me by coming to his master's shop.

GUILTY . Aged 53.— Transported for Seven Years.

(There was another indictment against the prisoner.)

OLD COURT.—Wednesday, September 16th, 1840.

Third Jury, before Mr. Sergeant Arabin.

SAMUEL GEORGE FISHER.
14th September 1840
Reference Numbert18400914-2255
VerdictGuilty > pleaded guilty
SentenceTransportation

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2255. SAMUEL GEORGE FISHER was indicted for feloniously forging and uttering an indorsement upon a bill of exchange, with intent to defraud Messrs. Masterman, Peters, and Co,: also for a larceny; to both of which he pleaded

GUILTY . Aged 18.— Transported for Ten Years.

FREDERICK MILLS.
14th September 1840
Reference Numbert18400914-2256
VerdictGuilty > pleaded guilty
SentenceTransportation

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2256. FREDERICK MILLS was indicted for stealing, on the 19th of August, 1 bag, value 5s.; 1 pistol, value 14s.; 6 shirts, value 1l.: 6 pairs of stockings, value 6s.; 8 cravats, value 8s.; 2 handkerchiefs, value 7s.; 2 jackets, value 10s.; 1 apron, value 2s.; 1 pair of shoes, value 4s.; 3 books, value 3s.; 1 writing-book, value 9d.; and 2 pairs of gloves, value 1s.; the goods of William Peckit: to which he pleaded

GUILTY . Aged 23.— Transported for Seven Years.

CHARLES JONES.
14th September 1840
Reference Numbert18400914-2257
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2257. CHARLES JONES was indicted for stealing a cloak, a pair of trowsers, a coat, and other articles, value 7l. 14s., the goods of James Barritt, in his dwelling-house; to which he pleaded

GUILTY . Aged 21.— Confined Six Months.

JOHN HILL.
14th September 1840
Reference Numbert18400914-2258
VerdictGuilty > with recommendation
SentenceImprisonment

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2258. JOHN HILL was indicted for stealing, on the 25th of June, 1 gauge, value 2s.; 1 square, value 2s.; 1 spoke-shave, value 1s.; 1 bevel, value 1s., 6d.; 1 saw, value 2s.; and 2 planes, value 4s.; the goods of Robert Rochett Davis Morrell, his master.

ROBERT ROCHETT DAVIS MORRELL . I am a cabinet-maker. The prisoner was my journeyman—he did not live in the house—I missed the articles stated, from the shop, between the 25th and 29th of June—I discharged him, on the last Saturday night in June, in consequence of a little dispute about what he demanded.

WALTER FIELD CROW . I am a pawnbroker, in Stanhope-street, Clare-market. I produce a saw pawned by the prisoner, and a gauge, pawned I do not know by whom.

ARTHUR JOHN NORTH . I am a pawnbroker, in Farringdon-street. I produce a plane pawned on the 25th of June, I cannot recollect by whom—this is the counter-duplicate which was given for it.

ROBERT WHEATLEY . I am a policeman. The prisoner was given into my custody by the prosecutor on the 4th of September—I found five duplicates on him, one of which is for the plane—I found it at the pawn-broker's next morning.

(Property produced and sworn to.)

Prisoner's Defence. I wanted the plane to make some joints with; master said I might take it, which I did, and I pledged it to redeem other things which a man who worked with me had pawned.

R. R. D. MORRELL re-examined. I never permitted him to pawn my goods; he took them entirely without my knowledge.

GUILTY. Aged 24.—Recommended to mercy. — Confined Two Months.

Before Mr. Baron Rolfe.

GEORGE GHRIMES.
14th September 1840
Reference Numbert18400914-2259
VerdictGuilty > with recommendation
SentenceImprisonment

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2259. GEORGE GHRIMES was indicted for burglariously breaking and entering the dwelling-house of George Finmore, about the hour of two in the night of the 25th of August, with intent to steal, and stealing therein, 10 tame pigeons, price 105., his property.

WILLIAM SHAW . I am a policeman. I was on duty on the 26th of August, and saw the prisoner in Collingwood-street, Bethnal-green, about half-past one o'clock at night—I noticed that he limped, and had only one shoe on—I observed his right hand in his pocket—I came up to him and found he had in that pocket ten live pigeons, and one duck just killed—I asked him where his shoe was—he said it hurt him, and he had taken it off and put it in his pocket, and it must have dropped out—I asked him whose pigeons those were—he said, his brother-in-law's—I first asked what he had in his pocket—he said, "Live stock," and took one out—I asked how many he had got—he said, fourteen or fifteen; that his brother-in-law had bought them, at 18d. each, of a man named Lazarus, in Humbleston-street, Commercial-road, to take to market in the morning—I asked where he was going to take them to—he said, to his brother-in-law's, in Primrose-street—he said, on his way to the station-house, that he had a duck—I took off the shoe he had on—another shoe was afterwards produced which corresponds with this—I have the pigeons here—four of them are young ones taken from the nest.

GEORGE WEBB . I am a sail-maker, and live With George Finmore, at No. 2, Grove-street, Commercial-road. He keeps pigeons—there were fifteen in the loft above the back-room—you get to it by a trap door from the back-room—I counted them on Saturday, the 22nd—they fly up into traps, and cannot get out unless they are opened—we let them out occasionally—I missed twelve on Wednesday, the 26th, soon after seven o'clock in the morning—they were worth 8s.—I examined the loft in consequence of something a neighbour said, and found the roof of the dormer torn off—the bottom of the dormer remained firm—a person could get in there—I was up there on Tuesday morning, it was safe then—I afterwards saw some pigeons in the policeman's custody.

JAMES BLUNT . The prisoner lodged at the back of the house where I live, not in the same house, but in a house behind mine, two streets from the prosecutor's.

JOHN SHEARER . I am a policeman. On Wednesday, the 26th of August, about one o'clock in the morning, I was in Commercial-road, and heard a cry of "Police," and heard somebody coming up Grove-street, just before—I went down a court in Grove-street, got over the back-wall of Mr. Dale's, a surgeon, and on the roof of Mr. Hobbs, a baker—I saw some tiles off the roof—I saw a woman, when I got over the wall, pick up this shoe off the ground, just by the back-door of Mr. Hobbs's premises, which are three or four doors from Finmore's—I examined the roofs of three or four houses along there, and found the tiles broken all the way along in three or four places, in the direction of Finmore's, but I did not go quite to Finmore's—I could see marks on the roof of Hobbs's house, where they had got up—they had broken the water-shoot—I compared the shoe with the wall, there was mortar and whitewash on the shoe, and mortar and whitewash rubbed off Hobbs's wall—I produced the shoe to Shaw.

(Property produced and sworn to.)

Prisoner. I hope you will consider this is my first offence.

GUILTY. Aged 19.—Recommended to mercy. — Confined Six Months.

Before Mr. Justice Maule.

DANIEL DAVIS.
14th September 1840
Reference Numbert18400914-2260
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2260. DANIEL DAVIS was indicted for feloniously and knowingly uttering a forged bill of exchange for 108l., with intent to defraud Francis Stevens; to which be pleaded

GUILTY. Aged 41.—Recommended to mercy. — Confined Two Years.

(The prisoner received a good character.)

WILLIAM MUNRO.
14th September 1840
Reference Numbert18400914-2261
VerdictNot Guilty > unknown

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2261. WILLIAM MUNRO was indicted for unlawfully, maliciously, and feloniously assaulting Mary Ann Langley, on the 24th of August, and cutting and wounding her on her head, with intent to do her some grievous bodily harm.

MARY ANN LANGLEY . I am a widow, and live in Chatham-gardens, Hoxton, with James Burkitt—we live together as man and wife, and have done so between five and six months. On Monday night, the 24th of August, about a quarter-past twelve o'clock, I was going home with Burkitt, and in Plummer-street, City-road, about four doors from Ebenezer-street, I saw the prisoner—I had hold of Burkitt's arm—I was next the wall—I never saw the prisoner before—he ran very violently round the corner up against me—I said, "Can't you mind where you are driving to?"—he then up with his stick, struck me on the head, cut my head, and laid me senseless against the wall—I supported myself with the shutters as well as I could—I saw Burkitt trying to lay hold of the stick, to prevent his striking me, and the stick came across his face—he did not think it had struck me till I called out—when I recovered a little, I saw him and Burkitt struggling—Burkitt was trying to hold him till a policeman came—my head bled very much indeed—somebody loosened the prisoner from Burkitt, but in a few minutes he was in the policeman's arms—I do not know whether he got out of sight—the policeman brought him back, and asked if I gave charge of him—I was led to the station-house between Burkitt and another person—I have been ill a fortnight from the blow—I have not been attended by a doctor—a surgeon dressed my head at the station-house.

Cross-examined by MR. PHILLIPS. Q. What name did you give before the Magistrate? A. Langley, not Langar, that I swear—I did not say before the Magistrate that I was Burkitt's wife—when I went to the station-house I gave my name as Mary Ann Burkitt, but not at the office—I was not asked whether I was his wife at the station-house.

Q. Did not the Magistrate ask you over and over again if you were prepared to swear that, and then you said, "No," but you were living with him as his wife? A. No—I had not been drinking that night, I was quite sober—Burkitt's wife is alive—he has been away from her seventeen years, and she is living with another man—nobody was with me on the night in question but Burkitt—I did not call out "My father, my father!"—I did not take hold of any other person, and accuse him of being the man who struck me—I did not see a lame man with a stick there—I saw him at Worship-street, he was examined there—I did not say he was the man that struck me—Burkitt was sober, as far as I know—I went to fetch him, and he seemed perfectly sober.

COURT. Q. Was there any talk at the police-office about your going by the name of Burkitt? A. I told the clerk I had made a mistake, he put it down in my own name—at the police-station I gave my name as

Mary Ann Burkitt, bat when I got home out of my flurry, I felt it was wrong—I am commonly called Mrs. Burkitt.

JAMES BURKITT . I was walking with the prosecutrix—the prisoner ran against her, and struck her with a stick—I could not see what sort of a stick it was, it was done so momentary—I laid hold of him, and tried to get the stick—I did not notice it, but I had hold of it several times—we wrestled together, and fell on the ground—I was on the ground five or six or seven minutes—he got up and got away from me—a female held my hands, and tried to rescue him from me—he got up—I do not know whether he ran or not, but the moment I got up I ran towards where he went, and found him in the policeman's hands, I should think twenty-eight or twenty-nine yards from where it happened—it was gas-light, I could see the prisoner clearly—I had never seen him before—I did not notice the stick in the struggle.

Cross-examined. Q. Were you sober? A. Yes, quite—I get drunk at times—Mr. Grove said I was drunk when I went before him, but it was the agitation and one thing or other—he would not hear me, and adjourned the Court till Saturday that I might be sober—I had no stick with me that night—I did not go about the crowd like a madman, flourishing a stick over my head—I swear that positively—I had been at the King's Arms public-house, on Holborn-hill, before I met the prosecutrix—I had been there two hours—I had a glass of brandy and water there because I was not well—I was along with an overseer, where I have worked two years, and he called for a glass of brandy and water, and gave it to me—my inside was bad—I took nothing else there—I had a pint of porter afterwards at the Eagle public-house, in Redcross-street—the prosecutrix was with me there—she had half-a-quartern of rum between herself and another female—I had not been to any other public-house that evening—I was quite sober—I was not sober at the police-office certainly—I presented myself as a witness to give an account of the transaction, as far as laid in my power—I was not there when the prosecutrix was sworn—the prosecutrix called the I police—it was not a by-stander—I saw no one near—twenty or thirty persons assembled afterwards—I did not see a little lame man with a stick—the prosecutrix did not catch hold of such a person, and say he was the man to my knowledge—I did not bear her call out, "My father, my father"—my wife is living—we have been parted twelve years—I lived with a female named Evans before I lived with the prosecutrix—she is now in the workhorse—I have not lived with any body else.

COURT. Q. Is your wife living with another man? A. Yes, and has been for the last ten or twelve years.

MICHAEL JAMES FARRELL . I am a policeman. I was on duty on the night of the 24th of August, about half-past twelve o'clock, and heard loud screams of "Murder" and "Police"—I went up—the prisoner came towards me, and wished to give Burkitt in charge for assaulting him—he was very drunk, and very greatly excited too—the prosecutrix came up, and gave him in charge for assaulting her—she was bleeding very much at the side of her head—I took the prisoner to the station-house—he was charged with striking the prosecutrix—he said Burkitt had struck him first—I kept the prisoner at the station-house till next morning—while he was there, this stick was brought to the station-house—I showed it to him at Worship-street, and he said it was his—I have the prosecutrix's

clothes here—they are are soaked in blood—when the prisoner was waiting to be taken before the Magistrate, two of his friends came to him, and asked what he was going to say—he said he was very drunk, and he did not know what he had done last night—they told him to say that he was taking supper, and had rather too much wine, that he met a number of girls in the City-road, there was bustle, and the husband went to strike him, that he went to strike the husband again, and instead of which he struck the prosecutrix.

Cross-examined. Q. This was what two persons advised him to say? A. Yes—he had told me the night before that Burkitt assaulted him, and that he came to put himself under my protection.

GEORGE WILLIAM HENRY . I am a surgeon attending the police. On the night of the 24 h of August, I went to the station-house, and saw the prosecutrix bleeding very profusely from a contused wound on the right side of her head—it was given by a stick or some blunt instrument—I did not apprehend it to be dangerous—it was a severe wound—the skin was broken in several places—I think this projection in the stick caused it—it was done by one blow.

THOMAS BALLASTON . On the 24th of August I was in Plummer-street, and heard a cry of "Police"—I went up, and saw the prosecutrix and Burkitt—they both had hold of the prisoner—I had a black ebony stick with me—there was a bustle and scuffle, and the prisoner got away—the prosecutrix laid hold of me, and said, "You have got the stick, and you did it"—I said, "It was not me, I never struck you, I have only just come up"—she then let go of me—she had some blood on her shoulder—she and Burkitt were both staggering—I thought she was in liquor, but I could not say for certain whether it was with liquor or the blow—Burkitt appeared very much in liquor, much more so than the woman.

Cross-examined. Q. Did not both of them appear to be drunk? A. Both.

MRS. LANGLEY re-examined. I did not see Ballaston that night—I never said, "It was you struck me, you have a stick"—I never saw him that night.

ANN MACKEY . I heard the cry of "Police," and went up—I found Burkitt and the prosecutrix struggling with the prisoner—they held him in a corner—the prisoner stood speechless—the prosecutrix was wounded at the time—the prisoner afterwards said, "My good man, give me my stick, I never touched your wife"—the prosecutrix appeared to be in liquor—I was quite close to her, and she smelt of spirits and porter too—she struggled very much with him, and was down several times.

Cross-examined. Q. You saw Burkitt? A. Yes, with a stick in his hand, he was holding it over the prisoner's head—I am sure of that.

JANE PRATT . I heard a cry of "Police," and saw a struggle—I went up, and saw Burkitt underneath, with his hands fixed round the prisoners, throat, choking him—I unloosed one of his hands, and a person unknown to me caught the other hand, and the prisoner got up—the prosecutrix had hold of his collar, and was kicking him, and laying on his chest—when he got up, he said, "My good man, give me my stick, I have not injured your wife"—the other using a bad expression, said, "I will be master"—the prisoner said, "I am willing to go any where, you have insulted me first."

Cross-examined. Q. Did you smell the prosecutrix's breath? A. Yes

—she smelt of rum very offensively indeed—I was obliged to put my face close to her to get the prisoner loose, and she fell down.

NOT GUILTY .

Before Mr. Baron Rolfe.

WILLIAM BUGLER, JAMES BATHGATE.
14th September 1840
Reference Numbert18400914-2262
VerdictGuilty > unknown; Guilty > unknown
SentenceTransportation

Related Material

2262. WILLIAM BUGLER and JAMES BATHGATE were indicted for stealing, on the 28th of June, at St. Marylebone, 1 300l. Bank-note, the property of Edward Wenman Martin, the master of the said William Bugler, in his dwelling-house.

MESSRS. CLARKSON and BODKIN conducted the Prosecution.

EDWARD WENMAN MARTIN . I live at No. 61, Upper Seymour-street, Portman-square, in the parish of St. Marylebone. The prisoner Bugler was my butler and footman in June last, and had been in my service some time—early in this year I had a 300l. Bank-note—my banker's book was enclosed in this paper, sealed up, and I placed the 300l. note in the fold of the paper—I cannot remember when it was—it was probably four or five months from this time—the note was quite concealed from any body but myself—a person lifting the parcel up had an opportunity of seeing the note without breaking the seal—I wrote on the cover the number of the note—it is here in pencil—I put it into a drawer in my bed-room, which is over the back room—I keep waste paper and articles of no value in that drawer—I called it a litter drawer—it was not locked—on the 13th of July I had occasion to look for my banker's book—I had often looked at the parcel, but not opened it, but I had satisfied myself that the note was there about a fortnight or three weeks before the 13th of July—on the 13th of July I opened the parcel, and found the 300l. note was gone—I made a communication to the Bank of England—I had written the letter "M" on the note—this is it—(looking at it)—it corresponds with the number on the envelope, and has my initial "M" on it—Mrs. Martin is in the habit of seeing a great many female acquaintances on Sunday, and did so on the 28th of June—at the time of receiving the ladies it was Bugler's duty to be in the hall or library adjoining from two till six o'clock—his duty was in the lower part of the house—he could have no duty to perform which would require him to go into my bed-room at that time—if my slippers had been in my bed-room, it was the duty of the housemaid to fetch them down, not his—I went out on Sunday, the 28th of June, between two and three o'clock, to take a walk, and was gone between two and three hours.

Cross-examined by MR. BALLANTINE. Q. He had been in your service, I believe, about two years? A. On and off, but he left me for about six months—I have three female servants, no other man—there is no lady's maid—one servant attends to my wife—they would all have access to the bed-room—Bugler slept in the house—Bathgate was never in my employ—the Sunday on which I took a walk was the 28th of June—I have recollected the circumstance, and have no doubt of it—I cannot tell upon what day previously I had gone to the drawer—I think I may say within a fortnight—I might venture to say less—Mrs. Martin was receiving visitors on other days, but on Sunday she receives a great many—the visitors' servants never come into the house, that is the positive order—it is very uncommon at my house for other servants to be in the hall—my servants would lose their places if it was found out—the envelope contained the banker's book, and the note was put under one of

these flaps—I am perfectly certain the note was safe about a fortnight previous to the 28th of June—I had but one male servant—Bugler's business was not confined to the cellar—there was no limit to the work he had to do—I never directed him not to fetch my slippers down—I should have been rather surprised to have seen him in the bed-room—it is part of the duty of the female servants to put the room to rights—I am in the habit of leaving my slippers in the bed-room when I dress—I entertained a good opinion of Bugler's honesty.

JOSEPH SAVAGE . I produce the 300l. note from the'Bank of England—it was paid in on the 30th of June—the name on it is "J. Batten, Newbury, Berks"—I gave 100 sovereigns for it myself, and a ticket for the remainder in notes at another office—that was at the request of the person presenting it—this is the ticket.

JOHN HAWKES . I am a clerk in the Bank. I paid the 200l. authorized to be paid by this ticket—I gave the notes, another clerk entered them—he called them over to me—I saw him enter them, and I am certain his entry was correct—he called them over from the book—there is ten 10l., from No. 87159 to 87168, dated 3rd of April, 1840; twenty 5l. from No. 1306 to 1325, dated 1st of June, 1840. Six of the 10l. and five of the 5l. have been returned to the Bank, and among them, one 10l. note, No. 87160, and one 5l. note, No. 1313, the whole amount to 85l.

SARAH BROWN . I am one of the housemaids in the prosecutor's service. In June last, Bugler was the footman—Bathgate used to come to the house to see him—I came into the service on the 9th of April, the last time, and within about six weeks I saw Bathgate coming to visit Bugler—he used to come two or three times a week—he did not come for two months before Bugler was taken into custody—mistress was in the habit of seeing visitors on Sunday—I recollect the last Sunday in June, (the 28th,) very well—master went out about two o'clock—the other housemaid went out at the same time as master, and the cook was out all the morning—Bugler and I were the only servants in the house—mistress was at home—two or three visitors came in between two and three o'clock—I had occasion to go up stairs to my master's bed-room—it was not particularly in my care—the other housemaid has the care of it as well, but Bugler had nothing to do with it—I went up to make the bed about five minutes after master was gone out—the bed-room is over the back drawing-room—I made the bed and came down—I brought down the slippers, and put them in the library—I went up stairs almost directly afterwards with a jug of water, and saw Bugler coming down on the upper stairs, between the bed-room and drawing-room—he bad no business at all up those stairs at that time—I said, "Where the deuce have you been, Bugler?"—he said, "For the slippers"—I told him I had brought them down—he was in a tremble, I recollect, and when he came down into the dining-room I asked him what was the matter with him, as he appeared very ill—he said he was ill, and asked me to fetch him some spirits, but I did not—he stopped in the dining-room a very short time, and then went down stairs—from the dining-room window I can see the area steps—after he had gone down I was at the dining-room window, and saw Bugler let Bathgate out—up to that time I did not know that Bathgate was in the house—I had not let him in—I saw him come out of the area—Bugler let him out at the area gate with the key—he unlocked it—they spoke to one another before they parted—Bugler came back to me in the dining-room, and said, Jem

(meaning Bathgate) had been again bothering him for some money—on the following Wednesday night, I was ironing in the kitchen, and heard a ring at the bell—I went into the area and found Bugler at the gate, or I should have gone up to answer the gate—Bathgate was outside the gate—they were talking—Bathgate appeared to be tipsy—I went back to the kitchen—Bugler returned to the kitchen in about five minutes, and said, Jem was quite tipsy, and he had come for some money, but he should come again next morning, and that he was going into the country to see his wife—I never saw him again till I saw him in custody.

Cross-examined. Q. Are you sure he said on the second occasion that Jem had come for money? A. Yes, quite certain—I have always been certain of that—I have been examined before—I am quite sure he said Bathgate was going into the country to see his wife—I have always been certain of that—I have been in the prosecutor's service altogether four years—my master does not change servants very often—I have been there now nearly six months—the other servant is not here—the cook has been fourteen months in the service, and the other housemaid four months, but the had lived there before with me—previous to that four months, there was another servant—the one I succeeded was Bugler's wife—the servants receive visitors—we have each permission to receive a visitor on Sunday, any female friend—there were never any visitors besides those we were entitled to have—I am quite certain of that—it was very seldom anybody called except on Sundays, but there have been visitors call on other days—that was not against mistress's orders—she did not object if they did call—she has seen them on week days, and has not objected.

JOHN GARDNER . I am a stable-keeper, and live in Ely-mews, Ely-place, Holborn. I have known Bathgate since 1822—I saw him in June last at my place—I cannot tell about what time in the month it was—it must have been, I think, the latter end—he came to me, and said he should want me in the course of two or three days—I asked what for—he told me he wanted me to take a note to the Bank of England, to get change for a 300l. Bank-note—I asked him whether it was a just, honest note—he said yes, it was—nothing was said about where it was—two or three days afterwards he came to the stable, and showed me a 300l. note—he asked me whether I would go and get it changed—he said nothing as to where he got it—I Was before the Magistrate about this—(looking at his deposition)—I cannot read without my glasses—he did not say any thing when he brought it, or before he brought it, as to where it came from, or was to come from.

Q. Did he say any thing about a drawer? A. He said there was a drawer up stairs, where there was a 800l. note—that was three or four days before I saw the note—it was not the first time he came to me, I believe it was the second—it was before he brought it—he said it was to be got at, that he could take and get it in five or ten minutes' notice—he came and showed me the 300l. note three or four days afterwards—when he brought it he said he wanted me to get change for it at the Bank of England—I told him no, I would have nothing to do with it, I had been in town thirty-two years—he said, "You are an old fool, and will never do yourself any good"—he went away—in an hour and a half I saw him again—he brought a bit of a note for me to take to a man in Barbican, to get the change of a 10l. note, where he had bought a Macintosh coat—I went to the house, and saw the man there, and gave him the note—he looked at me, and sent a boy with me with the change, instead of giving it to me—the boy did not give

Bathgate the change in my presence—I found Bathgate in the mews, and called him out of the stable, but did not see the boy speak to him—I did not see the boy go away—after that Bathgate asked me how I was getting on—I said, very poorly, and things were very bad with me; and he gave me a 5l. note, and 2s. for going with the note—he went up stairs at my place—I had a box there, which I gave him, as he said he wanted a box—I did not see him take it away, or put any thing into it—I then went a public-house, and when I returned Bathgate was gone, and the box also—this is the box—(produced)—I kept the 5l. note about a week, and changed it at Spiller's—I think I saw him write my name on it—I have changed notes there before—(looking at No. 1313)—I see "Gardner, Ely-mews," written on this, and "4—7—40, J. H. S."—no doubt that is what Spiller wrote when I paid him the note—I have no doubt this is the note I paid him—I never knew Mr. Martin, nor where he lived—I never heard the name of Mr. Martin mentioned in any conversation I had with Bathgate—(looking at his deposition)—Bathgate told me he could get the note by a person who cleaned boots and shoes outside the door, but he never had access to the house—he never mentioned Mr. Martin's name—I never knew Mr. Martin's name till after I was taken to Hatton-garden.

Cross-examined. Q. Then it is not true that Bathgate told you he had got the note from the man who used to clean Mr. Martin's clothes, and carry his boots to his room? A. No, he never said so, he never told me that—I will be on my oath that he never said so—he never told me where he got the note—he said he could get it at five or ten minutes' notice—Mr. Martin's name was never used in my hearing—I read what was pointed out to me in my deposition—it is true—Bathgate did not tell me the note came from a man who cleaned Mr. Martin's boots and shoes—he told me it could be got at—that it laid in a book in a drawer—I think my deposition was read over to me, I have no doubt it was—I see Mr. Martin's name mentioned in it as being stated by me at the police-office—what I stated at the police-office was true, but I did not know Mr. Martin's name till I heard it mentioned at the office.

Q. I should like to know what you are? A. I see after horses, and take horses in—the man in Barbican did not know me, to my knowledge—I have lived in Ely-mews going on for five years—I have known Bathgate eighteen years—I never heard of Bugler—I have been intimate with Bathgate many years—I do not know where he lived—I never knew any thing of his circumstances—I do not know what he is.

Q. Did you think he was a sort of man likely to have 300l.? A. I do not know any thing about him—I knew nothing about where he got it, but he told me it was an honest note—I could not tell whether his circumstances enabled him to possess such a note—he had had very good services—he might have it honestly—I could not tell where it came from—I had never been to his house—I know he lived at Collingwood Hall, in North-umberland, in 1822, as groom—I never knew a groom save 300l.

Q. When he said it was in a book in a drawer, I suppose you thought it was drawer in his own house? A. I could not tell—I did not think any thing about it—I did not know where it was—I did not think it a good job getting the 5l. note, I thought I deserved it—he has been a friend to me, and I have been a friend to him—I thought that was the reason he gave it me—he said it was for old friendship sake—I did not think it odd—I have met with several such friends—I never got a 5l. note for being asked to change a 300l. note.

SAMUEL HART . I am a tailor and clothier, and live at No. 3, Barbican. Bathgate came to my shop for a Macintosh about ten weeks back, or near eleven weeks—it was about a quarter to twelve o'clock—he gave me a 10. note—I gave it to Israel Cohen, who is in my service, to go to the Bank to get change—after I had sent him I told Bathgate that I had sent him to the Bank—he then seemed to be in a hurry to get to a conveyance in Holborn—he said he was going to Holborn, he must get there by twelve o'clock, there was a conveyance left there three times a week, and he wanted to send two parcels into the country—he went away without the change, saying he would call again in the afternoon for it—he did not call, but in about an hour after Gardner came, and produced a written order—I sent Cohen with him with the change.

ISRAEL COHEN . I was sent by my master with the 10l. note to the Bank—this is the note—I wrote on it, "Israel Cohen"—when I returned with the change I remember Gardner coming in—master sent me with him to Ely-place—I saw Bathgate there, and gave him the change—this it the note(No. 87160.)

WILLIAM PENNY . I am inspector of the G division of police—I was called to Mr. Martin's house on the 14th of August, and in consequence of information which I had received I desired them to bring Bugler into the library, in the presence of Mr. Martin and the two housemaids—I told him there had been a 300l. note stolen, and I had traced the party who had stolen it, and that the party was in the habit of coming to see him at Mr. Martin's house—he seemed very much confused, and said he was innocent, and knew nothing about it—I took him into custody, and searched him, but found nothing relating to the robbery—on Sunday, the 16th of August, I went to Four Oaks, near Birmingham, to a house in which Bathgate lived with his family—I found him there, and apprehended him on the stairs—I told him I wanted him for a 300l. note stolen from Mr. Martin's house, 61, Upper Seymour-street, Portman-square—he said he did not steal it, nor change it, nor did he know who did steal it, but he would tell roe who he got it from—he mentioned to me the name of the person from whom he said he had got it—he said he was to have 20l. for changing the note, that the person owed him some money, and was to make him a present of 20l.; that he got very drunk, and lost 50l., and he took the person back 230l., the remainder—I searched his house, and found the trunk I have produced, also a watch and some Irish cloth—he said he had bought the Irish cloth in London a few days before he left, and took his watch out of pawn in London previous to going into Warwickshire—I brought him to London, and as I was taking him from the House of Correction to Marylebone office, he told me he would take me to the spot where the money was, if the Magistrate would make a witness of him, but he did not want to be discharged till he took me to the spot where the money was hid, or he would write to his wife, or she should come up on Saturday with the money—I told him I could make no promise, I should acquaint the solicitor of it, and likewise the Magistrate, which I did, and I was sent down to his house last Sunday, the 12th of September—he had told me about this on Wednesday, the 7th, after he had been examined three times—when I got down to the place I found his wife there, and watched her—I observed her go into the garden, and saw her in the hen-house scratching the earth just about the hen-house—I went to her. and stooped, and she was lifting this

tin case out of the hole—I took possession of it—it contains one hundred sovereigns and eleven 5l. notes—it was about two feet under the ground—the notes are Nos. 1315 to 1325, inclusive, dated 1st June, 1840.

JOSEPH SAVAGE re-examined. The 10l. note No. 87160 came into the Bank on the 30th of June, the very day the 300l. note was changed.

BUGLER— GUILTY . Aged 36.

BATHGATE— GUILTY . Aged 39.

Transported for Ten Years.

Fourth Jury, before Mr. Recorder.

JOHN BEALE.
14th September 1840
Reference Numbert18400914-2262a
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2262. JOHN BEALE was indicted for burglariously breaking and entering the dwelling-house of George Owen Ramsay, on the 18th of August, at St. Pancras, about four in the night, with intent to steal, and stealing therein, 11 printed books, value 1l. 14s.; 1 strap, value 6d.; and 1 shoe-lift, value 6d.; his goods.—2nd COUNT, stating them to be the goods of Alfred William Young; to which he pleaded

GUILTY . Aged 23.— Confined Twelve Months.

WILLIAM RIDLEY.
14th September 1840
Reference Numbert18400914-2263
VerdictGuilty > pleaded guilty
SentenceTransportation

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2263. WILLIAM RIDLEY was indicted for stealing, on the 14th of September, 6 handkerchiefs, value 1l. 17s., the goods of George Stuckey to which he pleaded

GUILTY . Aged 14.— Transported for Seven Years.—Park hurst.

MARY BARBROOK.
14th September 1840
Reference Numbert18400914-2264
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2264. MARY BARBROOK was indicted for stealing, on the 1st of September, 22 towels, value 18s.; 5 aprons, value 2s.; 3 handkerchief value 3s.; 7 caps, value 4s.; 1 comforter, value 1s.; 1 pair of stockings, value 1s.; 2 cloths, value 3s.; 1 petticoat, value 2s.; 1 napkin, value 2d.; and 2 yards of printed cotton, value 6d.; the goods of Sophia Carden, her mistress; to which she pleaded

GUILTY . Aged 30.— Confined Twelve Months.

HENRY TINSLEY.
14th September 1840
Reference Numbert18400914-2265
VerdictGuilty > unknown
SentenceTransportation

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2265. HENRY TINSLEY was indicted for burglariously breaking and entering the counting-house of Philip Hooker, on the 26th of August, at St. Dunstan Stebonheath, alias Stepney, and stealing therein, 1 cashbox, value 5d.; 1 pair of scales, value 1s. 6d.; 1 box, value 6d.; 1 knife, value 2s.; 2 tool-boxes, value 1s. 6d.; 2 planes, value 2s.; 2 saws, value 1s.; 5 files, value 6d.; I anvil, value 6d.; 1 square, value 6d.; and 1 account-book, value 6s.; his goods.

WILLIAM FEARNE . I am a policeman. On the 26th of August, about half-past twelve o'clock at night, I saw the prisoner in Lant-fields, Bethnal-green, turning out of Dog-row into Northampton-street—he crossed the fields—he made a stop when he got under the railway arch, and then went on to Three Colt-lane, and into Abingdon-street—he then turned back again, and I stopped him, and asked what he had got—he said, "A box"—I asked what box, he said, "A cash-box"—one was a tin box, and two wooden boxes—I asked where he got it—he said "From a public-house, but could not tell me the name or sign—he said some man left them for him to fetch, and the man was gone into the country—he said he was going to take them to No. 32, Three Colt-lane—the boxes contained tools—there is no No. 32 in Three Colt-lane—I found a key, a pair of scales, a knife, and a book on him—he said he had had them three months.

Cross-examined by MR. PAYNE. Q. How far was he from Raven-row? A. About half-a-mile—I asked what was in them—he said he did not know—they were not open—I looked into them—the prosecutor's house is in the parish of Stepney.

JOHN RICHARD NORTH HOOKER . I live with my father, Philip Hooker, in Raven-row, Mile-end, he has a counting-house there—I saw these

articles in the counting-house, on the evening of the 26th, at nine o'clock—the yard is enclosed with gates—they were locked up at half-past ten o'clock, and the counting-house was locked at nine o'clock—next morning I found the counting-house door forced open, and the desk also, and I missed these things, and the cash-box and a broken key that had been left outside the desk, and the other articles in it—I hare seen the prisoner about the premises about five years ago.

Cross-examined. Q. Were you the last person on the premises? A. The last person in the counting-house—I took the key away with me—it is in the hamlet of Mile-end Old-town—we pay taxes for the hamlet, and not for St. Dunstan's, Stepney—he must have got over the gate or unlocked the area gate—the counting-house door had been forced open with this axe, which I found lying outside the counting-house desk.

(Rose Price, wife of a fishmonger in Portsmouth-street, Lincoln's Innfields; and James Thorogood, farmer, Ware, Herts; gave the prisoner a good character.)

GUILTY . Aged 20.— Transported for Ten Years.

HENRY TINSLEY.
14th September 1840
Reference Numbert18400914-2266
VerdictGuilty > unknown

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2266. HENRY TINSLEY was again indicted for stealing, on the 25th of August, 561bs. weight of rope, value 10s.; 7 screw-taps, value 6s.; 2 dies, value 1s.; 1 knife, value 1s.; 3 rollers, value 6d.; and 1 basket, value 1s.; the goods of John Ridge: 1 jacket, value 1s., the goods of George Clark: and 1 pair of browsers, value 3d., the goods of William Taylor.

WILLIAM FEARNE . I am a policeman. I was on duty in Lants's-fields on Wednesday morning, the 25th of August, about half-past five o'clock—I went under the railway-arch, and saw these things lying there—I saw what there was—I went out again, thinking some one had placed them there, to see if I could find another constable, to help me take them to the station-house—I went through several other arches, when I came back, I found the prisoner—he had undone the things, and was unpacking these taps and dies—I said, "Halloo, what are you up to?"—he said, "I only came in to ease myself"—he said he was going to work at the West India Docks—I let him go as he gave a pretty good account of himself, but I took notice of him—I afterwards took from him a flannel jacket in the prison—this is it—he had it on at the time I first saw him.

Prisoner. This jacket I bought in Whitechapel for 1s.

GEORGE CLARK . I live at Stratford, and work for Mr. John Ridge—this flannel jacket is mine—I know the other things, they belong to Mr. John Ridge—they were missed on the 26th—I had left my jacket in the engine-house—they were all taken together—the engine-house was locked up—we found the side-door open—they were safe at twelve o'clock the day before—at half-past four o'clock they were gone.

WILLIAM TAYLOR . I am watchman to Mr. J. Ridge. On the 25th of August I left the premises at nine o'clock, the engine-house was locked up—the articles produced were then safe—I saw them at seven o'clock—I saw the prisoner lying about that field a fortnight or ten days before—he worked about a day and a half, I think, on that spot, the latter part of that time, along with a man named Hill, for Mr. Ridge.

Prisoner. Q. Did you see me there the night the things were lost? A. I saw you there that forenoon, and you got a man's book, went to a public-house, and set him up a score of 15d. there.

GUILTY . Aged 20.

TIMOTHY SHEEHAN.
14th September 1840
Reference Numbert18400914-2267
VerdictGuilty > unknown
SentenceTransportation

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2267. TIMOTHY SHEEHAN was indicted for unlawfully, maliciously, and feloniously assaulting Robert Hood, on the 22nd of August, and stabbing and wounding him in and upon his left arm, with intent to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.

ROBERT HOOD . I am fifteen years old on the 29th of this month, and am in the service of my uncle, Mr. Robert Martin, a lithographer, of No. 26, Long-acre—I know the prisoner—he had been in my uncle's service, and had left about a fortnight I believe before this happened, but I am not certain. On Saturday, the 22nd of August, be came to the premises—I had let a person out of the shop—when I let him out, the prisoner rushed into the shop from the street—there is a little counting-house in the shop—I went in there, thinking he might have something to say to me—I thought he wanted to speak to me—he followed me into the counting-house, and made a blow at my head with this basket-maker's bodkin—(produced)—he struck at me with the pointed end—it was thrust down at me—the pointed end was towards me—I put up my left arm to defend my head—he struck me three times, and wounded me with the pointed end—it took effect on my arm in three places—he called me a b—heretic—I did not understand what he meant by that, but I believe he is a Catholic—I called out, "Murder," and some men came down to my assistance—as they were coming down, the prisoner went into the street—I followed—I did not see him secured, I was in the shop at the time—I saw him just after he had been secured in the street—I bled a good deal—I got my wounds dressed at a surgeon's—I had not had any quarrel or dispute with the prisoner—on the morning before, he met me in Seven-dials, and said he wanted to have two minutes' conversation with me, but I did not stop to speak to him, because Mr. Martin had told me if I met him in the street I was not to speak to him—I had not been concerned in any way in his being dismissed—I never had a quarrel with him to my recollection in my life—my uncle told me not to speak to him, because he was such a man he would be very likely to ask me to get him back again.

MICHAEL CARROLL . I work for Mr. Martin—I shall be fifteen years old next November. On Saturday, the 22nd of August, I was at work at a side shop—I heard the alarm of murder, ran in, and saw the prisoner with this dagger in his hand, using it it in this way—(stabbing)—this is the instrument—I ran up stairs for assistance, and when I came down, the prisoner was going out into the street, and he was concealing the instrument up under the sleeve of his coat.

SAMUEL MOYNIHAN . I live in Little Wild-street—I am an apprentice to Mr. Martin. Carroll called out my name, and said, "Come down, for God's sake, here is Pat murdering Robert"—I came down as quick as I could—when I got into the street, Robert said, "Oh, for God's sake, protect me, here is that Tim trying to murder me," or "been murdering me," one of the two—Robert was bleeding from the arm—I saw the blood through his shirt—the prisoner had got an instrument like this concealed behind his arm—I could just see it as he stood—he had it in his hand, when I came out, and when I looked at it, he put it up his sleeve—I went for a policeman, but when I returned, he was already in custody.

JOHN WICKINS . I am a basket-maker, and live in Little James-street, Covent-garden. On the 22nd of August, the prisoner came to me, and

wanted to borrow an iron to make a hole through his basket-bottom—I showed him one first—he did not like that, and I showed him this one—he said that would do—I gave it to him, and he went away with it—I saw no more of him till he was in custody—I told him to bring it back within five minutes, because it was not my own, but one of my shopmates'—he said he would bring it back in five minutes—I know this to be the instrument—half an inch has been broken off the point, and it has been ground down again in our fashion; it was not sent to the grinder's, which makes it very stumpy—the point is very thick, and it ought to be very sharp.

JOSEPH OSTELL . I am a constable of the parish of St. Martin. On the 22nd of August I saw a crowd in Long-acre—I took the prisoner into custody—he was walking away from Mr. Martin's towards the eastward—a person in the crowd said it was a pity he should be allowed to go away, as he had been murdering the boy—we had a little tussle together at first—he had his hands in his pocket—I took them out, thinking he might have some instrument there—he then said to me, "I know you very well, and will go quietly along with you; I have done very wrong, I am free to confess it; I meant for three days to murder him, and thank God I have not killed him"—he said he had deprived him of his bread—I cautioned him against making use of such words, and asked if he had not been drinking—he denied that he had, and repeated the same words again six or seven times—it was about nine o'clock in the morning—I received this instrument from some person at the station-house—the prisoner said when he saw it, "Ah, that is it."

Cross-examined by MR. PHILLIPS. Q. Was it on his repeating the same thing over and over again, that you asked if he had been drinking? A. It was on his repeating it the second time—he seemed in a great state of excitement, so much so, I thought he was in liquor—there was no smell of liquor about him.

LIONEL JOHN BEALE . I am a surgeon, and live in Long-acre. On Saturday, the 22nd of August, Hood was brought to me about nine, o'clock in the morning—I examined his left arm, and found three punctured wounds, about half an inch deep—they were such wounds as the instrument produced would make—I do not think they will at all impair the action of the arm—they were healed within ten days or a fortnight—I believe he can use his arm as well as before.

Cross-examined. Q. All danger is quite at an end I should hope? A. Quite so—there was no danger from the actual wounds—he might with the same instrument have killed the boy.

(James King, salesman, Covent-garden market; Owen Curley, boat-maker; Mrs. Taylor, wife of a wine-cooper; Jeremiah M'Carthy, labourer; and Horace Foley, labourer, deposed to the prisoner's peaceable and quiet character.)

GUILTY on the 2nd Count. Aged 49.— Transported for Fifteen Years.

JOHN WILLIAMS.
14th September 1840
Reference Numbert18400914-2268
VerdictGuilty > unknown
SentenceTransportation

Related Material

2268. JOHN WILLIAMS was indicted for stealing, on the 11th of September, at Christchurch, 1 box, value 5s.; 2 account-books, value 1s.; 6 sovereigns, 10 half-sovereigns, 2 crowns, 39 half-crowns, 192 shillings, and 81 sixpences, the property of William Brown, in his dwelling-house.

CHARLES DEACON . I am shopman to William Brown, a cheesemonger in South-street, Spitalfields. On the 11th of September, at half-past eleven o'clock in the morning, I noticed the counting-house door open,

and the prisoner standing in the counting-house, which is at the end of the shop—he walked out—I missed the cash-box, and pursued him—he turned short round, ran a few yards, and dropped the box from under his jacket—I pursued and caught him, and took him to the station-house—the cash-box contained 28l. in gold and silver.

Prisoner. Q. Did you see me come out with the cash-box? A. Yes—I saw it drop from under your jacket—I saw you with it before you got out—there was a wagon standing in the street—when I charged you with stealing it, you were nearly across the street—when I took you, you were on the same side of the way as our house—you asked what you had done—you were making your escape as fast as you could before you were taken with it—you ran a few yards, then dropped it, and got behind the wagon—I did not pick it up.

JOHN ALFRED EDWARDS . I am in the employ of Mr. Gregory, in Needsby-court, Fashion-street. I heard something fall on the pavement, near a wagon—it sounded like a box—I found it was a box—I took it up—I afterwards saw the prisoner in the custody of Deacon, about twenty yards off—the cash-box was locked.

Prisoner. Q. Where was it? A. On the foot-path, near the wagon, by the side of the horses—I did not see you drop it—I cannot say whether I was nearer to you than Deacon—I was in a shop, and came out and took it up—I met the prosecutor himself on the pavement, and gave it to him—I did not see you.

WILLIAM BROWN . I am a cheesemonger in South-street, Spitalfields. I had seen my cash-box about eleven o'clock in the counting-house, on the table—it was locked, and contained 28l. in gold and silver—the counting-house door leading to the street is kept shut, and was not open when I left ten minutes before—I found it wide open afterwards, and heard that the cash-box was gone—I saw Deacon secure the prisoner about twenty yards from the shop—Edwards brought me the cash-box—it contained 28l., and some account-books—I took the money out before I went before the Magistrate, but I found the 28l. in it when I opened it—my house is in the parish of Christchurch, Spitalfields.

Prisoner. Q. Where was I when he took me? A. About twenty yards from the shop, on the same side of the way—the money was produced before the Magistrates.

Prisoner's Defence. Is it likely I should go and steal a cash-box, and go right opposite his house, and drop it, and then walk to the other side of the way? When the man took me, and accused me of it, I said, "What did you say?" and went with him instantly. I had been to Smithfield, and was coming home, and as I passed the prosecutor's another man came by. I beard a man halloo something; I went across the wagon, and when I got further this gentleman seized hold of me, and said, "You have taken master's cash-box, you must come with me." I went to the station-house; the money was never produced before the Magistrate.

GUILTY . Aged 22.— Transported for Ten Years.

CHARLES MITCHELL.
14th September 1840
Reference Numbert18400914-2269
VerdictNot Guilty > unknown

Related Material

2269. CHARLES MITCHELL was indicted for stealing, on the 15th of August, 1 watch, value 16l.; 1 neck-chain, value 10l.; 1 watch-chain, value 1l. 10s.; 1 watch-key, value 5s.; and 1 locket, value 1l., the goods of Mary Ann Ivers, in her dwelling-house.

MR. CHAMBERS conducted the Prosecution.

MARY ANN IVERS . I live in York-square, Regent's Park. On the

15th of August, I had a lodger named Miss Thompson—I came home that Saturday night after one o'clock—I had a watch and two chains—one chain hung round my neck—the other chain was attached to it, and a key, and a locket—I took the chain off my neck and laid the watch on the table in the parlour, and went to sleep on the sofa in the same room—I awoke before three o'clock, and then went to bed, forgetting that the watch was on the table—next morning, about eight o'clock, I missed the watch, and chain, and other articles—in consequence of suspicion, I discharged Julia Murphy, my servant.

Cross-examined by MR. BALLANTINE. Q. I understood you to call yourself Mrs. Ivers, are you married? A. I am not—I never have been—I call myself Miss Ivers—I keep the house, and have two lodgers sometimes—they are not always women of the town—I have had a respectable lodger there about two years ago, a gentleman—he was not a friend of a female lodger—he remained there for some months—he was a foreign gentleman, and his name was Mr. Stone—he paid me his rent—Miss Wilson and Miss Thompson were my lodgers at that time—Miss Thompson is living there still—she is not here, that I see—I have no reason to believe that she is—I went home after one o'clock—I had not been to the theatre—I had been out walking—I had gone out after nine o'clock—I had been walking part of the time, and standing talking to a lady friend, and part of the time takine a glass of wine, one glass or more, probably two—I had not taken enough to do me harm—I had been down Regent-street—I do not know the name of the wine vaults—they were on the right-hand side—I went in there about ten o'clock—I remained there a quarter of an hour with a lady friend, no one else—I did not converse with any one else—I asked for the wine, I forget what wine it was—it was not a bottle—I asked for a glass of wine—the landlord might have spoken to me, no one else—I laid down on the sofa because I was fatigued—I seldom visit wine vaults.

MR. CHAMBERS. Q. Are you quite certain you put the watch and chain on the table? A. I am—I did not lose it before I got home—I was perfectly sober when I went home.

MARTIN WHITE . I am an old soldier, and lodge at the Blue Anchor, in York-street, Westminster—I am a pensioner at Chelsea Hospital—on Saturday night, the 29th of August, I was at the corner of Tothill-street, and saw four young men in company—the prisoner was one of them—I heard one say, "What have you made?"—the prisoner said, "I have made this here," (drawing a watch out of his trowsers pocket,) the other remarked, "A very good day's work"—in consequence of that I followed them about a hundred yards, saw a constable and told him of it—we followed them through the churchyard, and sent another to cut off their retreat—they were all secured and taken to the station-house—I attended at the police-office on Monday, and saw Julia Murphy there.

Cross-examined. Q. What time of night was this? A. About five minutes to twelve o'clock—they were all sober apparently—I have seen one of the other young men since—they all appeared respectable.

ABRAHAM WRIGHT . I am a constable. I assisted in taking the four men in custody—I searched the prisoner, and found this watch, two chains, and a key—I did not find any locket—I asked him if it was his watch—he said it was—I asked where he got it, he said he won it at a raffle—I asked where—he refused to tell roe, or the party who put it up to be raffled for—I asked if the chain was his, he said, no, he had borrowed it

—I asked who of—he refused to tell, and said he would satisfy the Magistrate—I asked his own name—he gave his own name and address correctly, "51, Marsham-street, Westminster"—he was not locked up, as his name and address was correct—he came to the police-office at Queen-square, on Monday, to claim the watch—Murphy was there, she saw it in my hand, and said it was her mistress's watch—I then secured the prisoner and took him before the Magistrate, and as soon as she saw him, she identified him as having been at her mistress's house—he was among other persons—she immediately tapped me on the shoulder, pointed him out, and said "That is the man there"—I believe what he said before the Magistrate was not taken down, but I will not swear it.

Cross-examined. Q. In addition to finding his name and address right, did you find him to be the son of a respectable tradesman? A. The sonin-law of a respectable tradesman—I inquired the address of one of his companions, and found it was respectable—it was at the same house as the prisoner lived at—the other was Bowling-street—they were working at respectable places.

JULIA MURPHY . On 15th of August, I was living as servant to Miss Ivers—Miss Thompson lodged there, and came home about half-past eleven at night, with a person—the prisoner is the person, I am certain—I had seen him there once before—on the Saturday night I saw him in her room—I was three or four minutes in the room with him and Miss Thompson, and had an opportunity of looking at him—I was there when my mistress came home—the prisoner had not left the house then—I am quite sure he did not go out till half-past one o'clock—I did not let him out, but I did not lie down before half-past one, and he could not have gone out before that without my knowledge—in the course of the night, I was called up by a policeman, who said the street door was open—I did not tell my mistress of that—next morning I heard of the watch being stolen, and was sent away—on the Saturday night, a week after, I was taken up on suspicion, and was discharged—I was afterwards at the Police-office on the 31st, about a friend of mine who was taken up for being drunk—I saw one policeman showing the watch to another—I immediately said, "That is my mistress's watch"—(produced)—this is it, and the chain I am sure is mistress's—I asked the policeman if there was not a small chain to it, and found there was—I was afterwards taken into the office, where there were several people standing, and the instant I saw the prisoner, I recognized him as having visited Miss Thompson—I am quite sure of him.

Cross-examined. Q. How many servants were there at this house? A. Only me, two lodgers and my mistress—I let my mistress in, and saw her go into her own room—I did not see her on the sofa—I sit up at night if any body is out—there are not a great many visitors at the house—I had lived there eight years—Miss Thompson had been there about three months—the prisoner came there about half-past eleven o'clock at night—I let him in—they immediately went up to their room—I cannot tell how often I have let people in with Miss Thompson, not very frequently—there was another young woman there besides her, of the same description—I did not let visitors in to her frequently—I should know some of those persons again.

COURT. Q. In coming out of the house, must persons pass through the parlour? A. There is only one door—the parlour-door is not left open—the parlour-door was open when the street-door was found open—it was about half-past two o'clock.

MARY ANN IVERS re-examined. This is my watch and chain—the locket is not here—a person must pass the parlour door to go out.

JULIA MURPHY re-examined. I have known the watch eighteen months—I have seen it often, and cannot be mistaken in the watch or chain—no one has told me to say that.

NOT GUILTY .

NEW COURT.—Wednesday, September 16th, 1840.

Sixth Jury, before Mr. Common Sergeant.

HENRY DANN.
14th September 1840
Reference Numbert18400914-2270
VerdictGuilty > pleaded guilty
SentenceImprisonment

Related Material

2270. HENRY DANN was indicted for stealing, on the 11th of September, 21bs. weight of sugar, value 1s. 6d.; 1 printed book, value 6d.; 1 cannister, value 9d.; 1/2lb. weight of soap, value 3d.; and 1 handkerchief, value 9d.; the goods of George Lloyd, his master; to which he pleaded

GUILTY . Aged.— Confined Four Months.

WILLIAM ROWLAND.
14th September 1840
Reference Numbert18400914-2271
VerdictGuilty > unknown
SentenceImprisonment

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2271. WILLIAM ROWLAND was indicted for stealing, on the 26th of August, 36 pairs of stockings, value 10l., the goods of John Benjamin Neville and others, hit masters.

MR. CHAMBERS conducted the Prosecution.

WILLIAM FOWLER . I am a porter, in the employ of Messrs. Neville and others. The prisoner was one of their porters—it was his duty to bring a box of dust from the back kitchen, and carry it through the lower warehouse, about nine o'clock in the morning—I received information, and on the morning of the 26th of August I went into the upper warehouse, where I could watch what was going on without being seen—about half-past eight o'clock I saw the prisoner come through the warehouse with the dust-box, and come back to about the middle of the warehouse—he there opened a drawer, and took out a white paper parcel, then opened another drawer, and took out another white paper parcel—he then opened a third drawer, and took out a parcel in a blueish paper—he took the box and the parcels, went through the warehouse, and out of the door—I informed my master.

EDWARD MEDGET . I am one of the firm of John Benjamin Neville and others—I reside on their premises, in Maiden-lane, in the parish of St. John Zachary. In consequence of information from Fowler I went up to the prisoner's bed-room—(he slept on the premises)—I found him there, and charged him with having stolen three dozen of stockings—he denied it—another porter was then in the room—I desired him to leave, and I then told the prisoner it was no use his denying it, as I had a witness who saw him do it—he then said, if I would go down stairs, he would give them to me—I went with him to the back kitchen—he there put his hand into a box containing waste paper, took out two parcels, and gave them to me—one was in a white paper, and the other in a blueish paper—he said, "There they are sir"—I sent for an officer—these are the parcels—I can identify them by the marks on the wrappers—they contain silk stockings.

Cross-examined by MR. JONES. Q. How long had be been in your service? A. About two years—he had a good character, and I was very much surprised that he should commit such an act.

HANNAH MINTENHALL . I am cook in the prosecutor's service. I

found another parcel in the waste-paper box—I gave it to one of the gentlemen.

HOWELL GODDARD . I am an officer. I took the prisoner, and have the parcels of silk stockings.

GUILTY . Aged 21.— Confined Nine Months.

JOHN THOMPSON.
14th September 1840
Reference Numbert18400914-2272
VerdictGuilty > unknown
SentenceImprisonment

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2272. JOHN THOMPSON was indicted for stealing, on the 29th of August, 1 brash, value 1s. 6d., the goods of George Stevens.

GEORGE STEVENS . I live at Vincent-terrace, Vauxhall Bridge-road. I left home on the 29th of August to go out in my employ as an omnibus driver—I left my brush on the drawers—I came back about ten o'clock at night, and it was gone.

Cross-examined by MR. BALLANTINE. Q. Are you sure you saw that brush in the morning? A. Yes—I have no particular remembrance of that morning, only I brush my clothes every morning.

COURT. Q. Can you tell when you lost the brush? A. I cannot exactly—I leave the brush on the drawers—I had used it one morning and saw it at the police-office the next morning.

SARAH SHEPHERD . I am the wife of David Shepherd—the prosecutor lodges with us. On Saturday afternoon, the 29th of August, I saw the prisoner in Stevens's room, with a towel and a pair of boots in his hand—I asked what business he had there—he asked if a person named Clark lived there—I said, "No, but I know that towel"—he tried to get by me but I called the officer, who took him, and found the brush on him.

WILLIAM WADHAM (police-constable B 94.) I took the prisoner, and found this brush on him.

GEORGE STEVENS . This is my brush.

Cross-examined. Q. Have you ever had the brush locked up? A. I cannot say—I have at times kept it in a drawer—it is mine, I am certain.

GUILTY . Aged 21.— Confined Six Months.

JAMES DAVEY.
14th September 1840
Reference Numbert18400914-2273
VerdictNot Guilty > unknown

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2273. JAMES DAVEY was indicted for stealing, on the 23rd of August, 4 pairs of stockings, value 1l. 5 quires of paper, value 2s. 6d.; 2 1/2 yards of linen cloth, value 4s.; 2 candles, value 1s.; 1 necklace value 1l.; 2 shirts, value 10s.; 1 pair of braces, value 1s.; and 1 vinagerette, value 13s.; the goods of Mary Ann Proctor, his mistress.

MART ANN PROCTOR . I live in Pall-mall East—the prisoner was in my service. In consequence of information I sent for an officer—the stockings, the paper, and other things produced, I believe to be mine.

ANGELINA HOOK . I am in the prosecutrix's service. On the night of the 23rd of August I saw the prisoner bring a bundle under his arm down into the kitchen—an officer was sent for, the bundle was searched, and contained this breast-pin.

JAMES BEAZELEY (police-constable A 67.) I was sent for—I searched the prisoner's box in his presence, and found these two pieces of linen, a black silk handkerchief, two mould candles, five quires of paper, and a gold pin in his bundle—some other things were found at a boarding-school at Ealing, with a woman who had been cohabiting with the prisoner, by her own confession—when I found the property in the prisoner's box he said it was not his mistress's, but after I found the pin he acknowledged to the whole—he said to the prosecutrix, "It is your property, ma'am; I hope you will forgive me."

Prisoner. Q. Did not my mistress say, "James, you have got another

situation to go to; if you will say the stockings are mine, I will not give you in charge?" A. She did make that observation.

MARY ANN PROCTOR re-examined. I have no mark on any of these stockings, but my housemaid had them down stairs to wash, and they were taken wet out of the wash-tub—this paper was left in my house—I have lost some linen cloth, and to the best of my belief this is it, but there is no mark on it—these two shirts belonged to gentlemen who had been lodging in my house—one has the gentleman's name written on it in full, and the other has the initials—these were found with the woman who cohabited with the prisoner.

NOT GUILTY .

JAMES DAVEY.
14th September 1840
Reference Numbert18400914-2274
VerdictGuilty > unknown
SentenceImprisonment

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2274. JAMES DAVEY was again indicted for stealing, on the 25th of August, 1 breast-pin, value 3s., the goods of Carl Fromel.

CARL FROMEL . I am valet to Mr. William Hunt, who lodged for five months at Mrs. Procter's, No. 6, Pall-mall East—it is a boarding-house, where respectable gentlemen lodge—this is my breast-pin, I lost it from my drawer.

JAMES BEAZELEY . I was called in, and searched a bundle which the prisoner had—I found this pin in the lining of a waistcoat in the bundle—the prisoner said the bundle was his own.

Prisoner. I picked the pin up, leading from my bed-room stairs to the kitchen—it was inquired for in the morning, and I did not like to say I had picked it up—I intended to put it near the door where I picked it up.

GUILTY . Aged 29.— Confined One Year.

JOSEPH BURGESS.
14th September 1840
Reference Numbert18400914-2275
VerdictGuilty > pleaded guilty
SentenceImprisonment

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2275. JOSEPH BURGESS was indicted for stealing, on the 22nd of August, 1 ton weight of coals, value 1l. 10s., the goods of Charles Bell, his master; to which he pleaded

GUILTY.—Recommended to mercy. — Confined Four Months.

FREDERICK LEWIS GROVES.
14th September 1840
Reference Numbert18400914-2276
VerdictGuilty > unknown
SentenceImprisonment

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2276. FREDERICK LEWIS GROVES was indicted for embezzlement.

ANN SWAINE . I am a laundress, and live in James-street, Liverpool-road, Islington. The prisoner was employed to carry home linen, and if the parties paid him he was to bring me the money the same day—he has not paid me the sums stated in the indictment.

SARAH FLOWER . I am servant to Mr. Taylor, of Little Bell-alley. I paid the prisoner, 2l. 19s. on the 22nd of August, for Mrs. Swaine.

REBECCA PITT . I was present on the 27th of July, and saw the prisoner receive 14s. 3d., from Mrs. Sams for Mrs. Swaine.

Prisoner. The prosecutrix said she would take it by instalments of 5s. a week, and I said I could not do it.

ANN SWAINE re-examined. No; it was put to me, but we did not come to any arrangement; he said he would bring me 1l. on the following day, but he did not.

GUILTY . Aged 20.— Confined Three Months.

THOMAS ANDERSON.
14th September 1840
Reference Numbert18400914-2277
VerdictNot Guilty > unknown

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2277. THOMAS ANDERSON was indicted for stealing, on the 25th of August, 501bs. weight of lead, value 1s., 6d., the goods of Robert Warton, and fixed to a certain building.

JAMES PEARCE . I am a stone-mason in the employ of Mr. Robert Warton, who has a house on Stepney-causeway. I have compared this lead with the lead on that house, and it matches exactly—it is seven or right months since I had seen the house.

WILLIAM WADHAM . I am an officer. On the 25th of August the prisoner and some other boys passed my house with something heavy on their shoulders—I took the prisoner, who had got this lead, and he threw it down—the lead appears to have been cut some time.

Prisoner's Defence. I went by the railway, and found the lead.

NOT GUILTY .

GEORGE TAYLOR.
14th September 1840
Reference Numbert18400914-2278
VerdictGuilty > unknown
SentenceTransportation

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2278.