Old Bailey Proceedings.
14th December 1840
Reference Number: t18401214

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Old Bailey Proceedings front matter.
14th December 1840
Reference Numberf18401214

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CENTRAL CRIMINAL COURT.

SESSIONS PAPER.

JOHNSON, MAYOR.

SECOND SESSION, HELD DECEMBER 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, December 14th, 1840, and following Days.

Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Lainson, Esq.; James White, Esq.; William Magnay, Esq.; John Johnson, Esq.; Sir George Carroll, Knt.; and Sir James Duke, Knt.; 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.

William Chrees

James Dillon Perkins

Richard Harvey

Henry Murson

Hugh Richardson

Frederick Rouch

Robert Nelmes

James Mitchell

William Claringfold

Daniel Whitlock

William Starmour

Edward Nichs. Normington

Second Jury.

Peter Dent

Noah Mann

William Palmer

Richard Molyneux

James Methven

George Merryfield

Frederick Crawley

Robert Parker

Thomas Sidney Smith

William John Cormack

James Hodges

Christopher Rich. Rowland

Third Jury.

James North

George Cooper

William Cook

John Reeve

Richard James Marsh

Joseph Wright

William Nightingale Hughes

John Ridge

William Reeve

John Barnard

George Swinbourn

George Norris Rutland

fourth Jury.

Thomas Parkinson

Thomas Poppy

Richard Thomas Peters

Joseph Defriss

William Roberts

John Pinn

John Frederick Paul

John Cooper

Richard Scott

John Moore

William Cook

James Russell

Fifth Jury.

Henry Hoole

William Rawles

William Gillies

Jacob Mason

Henry Colson

John Cope Folkard

John Westbrook Corfe

George James Knowles

Charles Robinson

John Newman

Joseph Farren

George Pratt

Sixth Jury.

John Rouse

James Neale

John Oliver

Isaac Harrison

Joseph Parkes

John Press

Elias Carley

Thomas Randall

Thomas Nicklin

John Noblett

John Roles

Thomas Griffiths

CENTRAL CRIMINAL COURT.

JOHNSON, MAYOR. SECOND 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.

First Jury, before Mr. Recorder.

EDWARD LEWIS.
14th December 1840
Reference Numbert18401214-246
VerdictNot Guilty > unknown

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246. EDWARD LEWIS was Indicted for stealing, on the 18th of January, 1 account-book, value 6s., the goods of Thomas Marchant, his master.

JOHN GREYGOOSE . I am a pawnbroker in partnership with my father, in Crawford-street, Marylebone; the prisoner was our foreman. In consequence of suspicion, on Wednesday morning, the 2nd of December, I required to have his boxes searched—he opened them with his keys, and turned the things out himself—I found all account-book among them, and asked if it was the property of Mr. Marchant, who he formerly lived with—he said it was—I asked if it was a book that was of service to Mr. Marchant in his business—he said it was—I asked if Mr. Marchant had given it to him—he said, "No"—I asked if he had taken it from his house—he said, "Yes"—I sent for Mr. Marchant, and the prisoner was given into custody.

Cross-examined by MR. PHILLIPS Q. Was it in this state when you found it? A. Yes—the covers are off—here is half a cover, and half another cover—there was nothing in his boxes claimed by me.

JOHN PHILIPS . I am a policeman. I was sent for to Mr. Greygoose's—I took the prisoner and received this book—I asked the prisoner if he understood the charge—he said he did, but he hoped Mr. Marchant would forgive him—Mr. Marchant was present.

THOMAS MARCHANT . I am a pawnbroker, and live in High-street, Borough. The prisoner formerly lived with me for nine months as shopman, and kept my books—he left six months ago—this is my book, and a great portion of it is in the prisoner's hand-writing—when I lost it, it was in a perfect state, and there was room for further entries—it had not been gone through—I first missed it on Saturday, the 18th of January last, and considered it was stolen by parties coming to the shop—it contained entries which were very important in my business—we have no duplicate of the book—it is the only check we might have on servants as defaulters—we lose the check on things going out, and entries that may be made in the book which were not really bona fide pledges—pledges might be entered in the book by persons in the prisoner's situation when no money

was advanced—it ought to contain an account of articles pawned up to the 18th of January, for about six months previous, the money lent, and the articles as they are redeemed to be crossed off, and the money paid on them—if an article were pawned for 10s., and 5s. more were advanced, it would be re-entered 15s., and this book would contain that entry—without it I could not tell what had been paid to redeem articles.

Cross-examined. Q. What do you say about things being crossed out? A. If an article is redeemed, it should be crossed out—you will see in the margin of the book the dates—it was principally the prisoner's duty to cross them out, but the book being lost, nothing redeemed afterwards could be crossed out—it is not crossed, but a date put before it, meaning the day they are redeemed—I had a very good character with the prisoner—the book was found before I arrived at Mr. Greygoose's—my shop is full of valuable articles.

COURT. Q. The loss of this book would prevent your having any check for the money the prisoner received or paid? A. It would—when it was lost he appeared to be as concerned as the rest in the shop, and hunted for it—he is the last person I should have suspected—I have no check on the money paid out or brought in but this.

MR. PHILLIPS. Q. Do you keep only one book? A. One for this description of pledges—it is the real entry made at the time—the prisoner was ordered to take up every pledge, and enter it—there is no book in which pledges are entered as they come in but this; but when pledges are taken in, a number is put on the duplicate, and in order to avoid a little time we write down, "Coat such a number," and when the party is gone we collect the articles and enter them in the book—he took it to avoid my detecting his plundering me.

Q. Has he plundered you? A. I cannot enter into that—I gave him an excellent character when he left—I have four others in my shop.

COURT. Q. What would the book cost? A. About 6s.—it is much more valuable to me after the entries are made.

JOHN PHILLIPS re-examined. I found one box open when I arrived—there were two boxes examined—one of the two had no lock—there are only four or five leaves of this book not filled up.

JOHN GREYGOOSE re-examined. I cannot positively say which box it was in—he brought his boxes down, with assistance, and turned them out in the parlour—there were two boxes and a carpet bag—he produced his keys, and pretended to unlock the boxes—I do not mean to say I saw him unlock them, but he produced the keys before the articles were turned out.

NOT GUILTY .

JAMES JERMAINE.
14th December 1840
Reference Numbert18401214-247
VerdictGuilty > with recommendation
SentenceImprisonment

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247. JAMES JERMAINE was indicted for stealing, on the 28th of November, 1 lb. 14 oz. weight of indigo, value 10s., the goods of the London Dock Company.

MR. BALLANTINE conducted the Prosecution.

JOHN CLEMENT . I am a constable of the London Docks; the prisoner was an extra labourer there. On the 28th of November, about one o'clock in the day, he passed me on the north quay, coming direct from the indigo warehouses—his hat was unsteady on his head, I followed, stopped him, and asked if he had any thing in his hat—he said, "Nothing"—I asked him to take it off, he refused, and I took it off for him, and found in it this indigo, which I produce—I asked how he came by it—he at first said,

"Why, I really don't know how I came by it"—he then said his hat was standing in the cellar, and he put it on, but did not know it was in it—it was loose in his hat, there was nothing between it and his head.

Cross-examined by MR. PAYNE. Q. Was it in pieces as it is now? A. Yes—he had a moderate sized hat—he was not constantly employed, and had not been employed that day—he had 2s. 8d. a-day when at work—I never saw indigo thrown about by the men.

WILLIAM KEEN . I am foreman of No. 1 warehouse in the London Dock; indigo of this description is kept there. On the 28th of November I met the prisoner on the stairs, he had no right there—I asked where he was going—he said, to put his smock-frock and apron by—I said he had better make haste, for it was improper—he was going towards where the indigo is kept—I think he had his hat on, but I am not certain.

Cross-examined. Q. How long have you known him? A. About eight years—he has been employed off and on during that time—his wife was burnt to death, and left him with a family of small children—he was in great distress at the time he did this—I have not seen indigo thrown about by the men, particularly.

JAMES GODDARD . I am manager of the indigo in the London Dock—there is indigo of precisely this description in No. 1 warehouse, but there being such a considerable quantity open for show, it could not be missed—the prisoner had been employed there the day before.

GUILTY. Aged 46.—Recommended to mercy .— Confined Three Months.

WILLIAM STEWARTSON.
14th December 1840
Reference Numbert18401214-248
VerdictGuilty > unknown
SentenceTransportation

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248. WILLIAM STEWARTSON was indicted for stealing, on the 3rd of December, at St. Andrew-by-the-Wardrobe, 1 purse, value 6d.; 1 guinea, 1 crown, 5 sovereigns, 2 other crowns, 6 half-crowns, 15 shillings, and 5l. note, the property of Edward Stewartson, in his dwelling-house.

EDWARD STEWARTSON . I live at No. 33, St. Andrew's-hill, Doctors' Commons, in the parish of St. Andrew-by-the-Wardrobe; the prisoner is my son; he slept with me. On Thursday morning, the 3rd of December, I called him up at eight o'clock—I got up at nine—I found he had left the house, and my bureau, which I had locked over-night, I found open—I missed from it a 5l. note, five sovereigns, a guinea, and a crown-piece, which I have had upwards of fifty years—I also lost a purse containing 2l. worth of silver from my trowser's pocket by my bed-side—my purse was in one pocket, and my keys in the other—I found the keys in the bureau—on Sunday morning, between twelve and one, I was called to the station, and saw my son in custody—I cannot say positively whether I said any thing to him about the money, or whether I heard him say any thing about it, I was so agitated with one thing or another.

ALFRED SHEPHARD . I am a bookbinder, and live in College-square, Doctors' Commons; I know the prisoner. On Saturday, the 5th of December, I saw him in the Surrey Theatre—I had heard of the robbery on the Thursday—I followed him out, over Blackfriars-bridge, I then called him by name, and asked how his father was—he said he was better—I told him I had heard of the robbery, and that his father was behind me with a Bow-street officer—he said he did not care for his father, or the officer either—I gave him into custody—when the policeman first took him he got away—I followed and stopped him—when he was seized he immediately pulled out a pistol, and attempted, I imagine, to fire it off, but the policeman came up at the time—I saw him take it out of his pocket, and

hold it in front of him—I did not hear any noise, as if he attempted to fire it off—I took it from him—it was loaded—he had another about him, also loaded—at the station his father asked him if he had taken the money—he said, "Yes, all but the crown-piece"—he said he had taken the note into the Borough, but he could not tell where.

Prisoner. It is a false statement.

HENRY ROE (City police-constable, No. 356.) I saw the prisoner at the corner of William-place—when he saw me he ran into King Edward-street, and I there took him by the arm—he said he would go quietly, which he did till we got to the top of Farringdon-street, he there slipped from me, and ran down Farringdon-street—he was overtaken by Mr. Shepherd—I came up and took him by the collar of his coat—he pulled out a pistol, pointed it, and said, "Now," and snapped it, but there was no percussion cap on—it was loaded to the muzzle with grape-shot—he had another pistol about him, also loaded to the muzzle, the same as the other—he had also a flask of gunpowder, a box of percussion caps, a bullet mould, three sovereigns and a half, one shilling, a sixpence, a 4d. piece, and a half-penny—he said at the station that he took the money from his father, but not the crown-piece.

THOMAS HOLLOWAY PEARCE . I am apprentice to Thomas Cursley Baker, a pawnbroker in Farringdon-street. On Thursday or Friday week, I do not know the day of the month, I sold these pistols, percussion caps, and things to the prisoner—he paid me three sovereigns, and I gave him 9d. out—that was the price they were marked at in the shop—Mr. Baker was out, and I was serving.

Prisoner's Defence. My father asked me at the station what I had done with the crown-piece?—I said I did not have it—I did not say any thing about stealing the money—I did not own to it—I merely did not deny it, and from that the witnesses conceive that I admitted the robbery—I got up on the morning in question about half-past seven o'clock, and did not leave the house till past eight—my brother was then awake—I slept in the same bed with my father—it was not a very probable matter for me to take the keys out of my father's pocket, and go to the bureau while he was awake, and within two yards of where he was lying.

EDWARD STEWARTSON re-examined. My other son is twenty-two years of age—he is here.

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

MARY PICK.
14th December 1840
Reference Numbert18401214-249
VerdictGuilty > with recommendation
SentenceNo Punishment > sentence respited

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249. MARY PICK was indicted for stealing, on the 1st of December, 1 tray-cloth, value 1s.; 3 napkins, value 3s.; 3 towels, value 3s.; 2 yards of ribbon, value 18d., and 1 slide, value 1s., the goods of Ann Cole, her mistress.

MR. PHILLIPS conducted the Prosecution.

ANN COLE . I rent the upper part of a house in Regent-street—I let portions of it furnished—the prisoner came into my service in the early part of September—in November I missed some things, among others, the articles stated—I spoke to the prisoner about it, and she said she had not got them. On the 1st of December I gave her warning, and gave her leave to go out and look for a lodging—on the Wednesday following, in consequence of what I heard, I went to the house of Mrs. Crow, and there I saw a tray-cloth which I recognised as mine—I went from there to the station, and saw the prisoner there—the constable took the tray-cloth—I said to the prisoner, "Mary, this is the tray-cloth I asked

you for repeatedly"—she said it was hers, and that she had had it three years—she then said to the inspector that she had purchased the duplicate at her last lodging three months previous—she gave the keys of her boxes to the constable—I saw them searched—Mrs. Crow was present, the prisoner was not—the boxes were locked—I found in them some ribbon, table napkins, towels, and part of a jack-towel which had been cut up.

Prisoner. After I had been with you a month, when Miss Frisby, one of the lodgers, was going away, you asked me to collect all the napkins and towels, to see if they were all safe—I did so—you said there was one wanting—I went down stairs, but did not find it—next day I found it down stairs, I brought it up, and you then said all your things were quite right. Witness. That did occur, but it was subsequent to this—I did not receive all the towels and cloths—part of them were kept back—I did not ask for the jack-towels, because those things were in use in the kitchen—if you washed out any kitchen cloths, you kept them down stairs—I was not in the habit of seeing them brought.

Prisoner. I asked for a clean towel, as I had nothing for use, but she would not give it me, and I had to take my own towels and use them—she gave me some tea cloths, and I sent them to the wash with my own things, and when the woman brought them home, why not claim them?—we had another lodger, a Captain—I had the care of his plate—Mrs. Cole had no plate, it was all German silver—the Captain was only a fortnight in the house—he left through Mrs. Cole's ill conduct, he would not stop when he was told that she was a kept lady—a lady and gentleman named Wells lodged with her—he saw her gentleman go down one morning very early, and asked me if it was the case—I said I did not know, but if it was, I would not stop—next morning, mistress sent me out for a Seidlitz powder—I took it up into her bed-room, and this gentleman was in bed with her—I told the lodgers of it, and gave her notice to leave—the pieces of ribbon Mrs. Cole gave me—the other things I bought the day I left—before my boxes were taken away, I came up to my mistress, and said I was ready to go when she paid me my wages—she said she missed a knife—I searched every where for it, but could not find it. Witness. I found her to be a very malicious creature, and making very false statements to the lodgers, and in consequence I had her up, and she said it was not her—I afterwards found it did originate from her, and she then said, "Rather than have any more confusion, we will part"—I said, "Very well, this day month"—she gave me warning—I never gave her the ribbon, I positively swear—I missed several knives and forks.

REBECCA CROW . I am the wife of Thomas Edward Crow, and live at No. 16, North-street, Marylebone. On Tuesday, the 1st of December, the prisoner came to hire a lodging of me—she left, and said she would come in the evening—she then brought me a bundle containing some things damp, and asked me if I would take care of it—I afterwards opened it, and found in it three napkins, and a jack-towel cut in three, all apparently very wet, but I am not quite sure—next morning she asked for the towels and said they were not hers, she was going to take them home—I gave them all to her as I supposed, but the tray-cloth had fallen down behind the arm-chair, which I did not see—in consequence of something, I gave notice to Mrs. Cole, who came to my house, saw the tray-cloth, and claimed it—I saw the constable open her boxes the same night, and in them were found the same napkins she had taken from me in the morning, the

jack-towel, two other towels, two pieces of ribbon, and a gilt slide—I saw them all taken out—before they were found, the prisoner said to me at the station, "The towels that you have of mine, I have had these three years, and there are more in my box—they were in pledge last February twelve-month with a silk handkerchief."

Prisoner. The night I left my place I engaged this lodging; I had these towels washed; I gave them to Mrs. Crow to take care of; next morning, when I asked her for them, she gave me five; I said there was another; she said she did not know where it was, she would look; she afterwards met me on the stairs, and said, "Here is your towel;" I said, "Be so good as keep it till I come back;" when I returned, a policeman was there; Mrs. Crow said, "This is the young woman you want;" I said, "What do you want me for?" he said, "You are accused of stealing a table-cloth;" I said, "Where is it?" he asked for the towel; I said, "That is my own, and I have five more in the box;" I gave up the keys, and said, "There is nothing in the boxes but what is my own;" I said I had had the towels three years, and before I bought the duplicate of them they were in pledge thirteen months.

JOHN COOTE (police-constable D 41.) I searched the prisoner's boxes on Wednesday evening, the 2nd of December—the prisoner was then in custody—I found all these things in the boxes except the tray-cloth—Mrs. Cole and Mrs. Crow were present, but I took them out—I opened the boxes with the keys the prisoner had given me—I found the gilt slide at the bottom of the box—no one put their hands into the box but me—Mrs. Cole and Mrs. Crow were standing two or three feet from it—no one could have put any thing in while I was searching it without my seeing it, and I am positive no one did—I took the things to the station, and showed them to the prisoner—she said the towels and napkins were hers, she had had them three years, (I am sure she said that of all the cloths,) and the ribbon her mistress had given to her—the gilt slide was not mentioned to her—I have had these things in my possession ever since the Wednesday when I found them.

MRS. CROW re-examined. Q. How did you know where to send information to Mrs. Cole about the prisoner? A. I asked the man who brought her boxes, and who she said was her brother, where she came from, and he told me, "No. 262, Regent-street"—I asked the prisoner where she came from, and she said, "Regent-street," but I did not hear the number, and that made me ask the man—she did not mention Mrs. Cole's name—I never asked her the name.

Prisoner. I did tell her the name and number; Mrs. Crow followed me to my mistress's, and when I came out she saw me, and smiled at me, and my friend who carried my boxes said he saw her too. Witness. It is quite false—I never followed her, nor ever went out of my own door—I did not go to Mrs. Cole's till eleven o'clock next morning, when, seeing the fish-napkins, I went to inquire about the prisoner's character—I told her that I was very particular who I took in, for last Sessions a woman was tried who had brought stolen property to my house, and I was frightened.

MRS. COLE re-examined. I never saw Mrs. Crow till she came to inform me about my things, the morning after the prisoner left me, from eleven to twelve o'clock—(looking at the articles)—I know this tray-cloth—it was a table-cloth, but was cut in two, and I have brought the remaining part with me—they are both marked exactly the same—it is a W, which I call the

laundress's mark—if I do not see it on when things go to the wash, I put it on, that the laundress may know my things.

Q. Then, if the prisoner had any linen washed while with you, they would get that mark as well? A. Yes, but she did not send towels—I know this by the hemming also, and by the particular way in which it is cut—it is the same quality and pattern as the one I have brought from home—it is exactly the same thing—these napkins I speak to, I know them by the fish marks—they are fish-napkins—here are stains in them, and here is the washerwoman's mark—they are the same pattern as those I have at home—they are very common things, but I know them to be the same—I had twenty-four when the prisoner was with me, and I now have only twenty-one—this one more especially I can swear to, by its not being hemmed neatly at the corner—I had one hemmed so—this towel was a jack-towel cut in three—I had only bought two a very short time before—these did not go to the wash—they were kitchen towels—I stitched "Cole" on them—the mark has been picked out of the one found in the prisoner's box, but the "e" remains stitched in silk—these three pieces together measure exactly the same as the one I have brought from home—the jack-towel is worth about 18d., and the other things about 8s.—I missed the jack-towel the night she left—I had not seen it for some days before—I thought she had it in use—it was called one towel before the Magistrate—it is not true that any person was in my bed—the prisoner reported that I was kept by a married man with three children, that I was a very bad woman, that I got intoxicated, and came home at all hours of the night, but it is not so, decidedly not—a gentleman is paying his addresses to me in an honourable manner, and she chose to take this into her head—I spoke to her about her maliciousness—she has very much traduced me, and in consequence of that I told her she should leave my service—the slide and ribbon are not here—the policeman left them in her box.

Prisoner's Defence. I told Mrs. Cole that I must get time to wash my own things before I left; she said, if I would get them ready and bring them to her, she would send them to her washerwoman for me; I brought her up a cap and one of these napkins, and when the woman sent them home they were marked with the "W" in blue cotton—when the lodgers made a piece of work about Mrs. Cole and this gentleman, they had me up—this gentleman said I was telling falsehoods, and he did not think I knew it; he said, "Mary, I think you are doing a great deal of mischief, it is very wrong;" I said, "How sir?" he said I had told Mr. Wells, and the whole of them of it—I said I could be on my oath I had never named it to any one in the house; he said Mrs. Cole meant to have them all up to clear her character; I said, if he had me up it would not be very pleasant for either party; Mrs. Cole said, "Why? and I said, "I saw Mr.——in bed with you one morning;" Mr.——said, "Do you mean that?" I said, "Yes;" he asked if I had not told any one of it, I said, "No;" he advised me not to speak of it, and said Mrs. Cole had said she was very sorry I was to leave her, for I was a very faithful servant; he said, "Mary, promise you won't speak of it, and let the scandal go no further;"—he gave me half-a-crown, and I promised before I left the room that I would never speak of it any more.

MARGARET BUTLER . I live at No. 10, Gee's-court, Oxford-street. The prisoner lodged with me three years ago for three times, and she had all these towels—I used them on a Sunday.

Q. Look at them carefully, do not speak hastily, do you mean those now in Court? A. She had these—out of the lot I picked out three, and spread them on my fruit stall, and if the gentlemen look at them they will see the stains of the fruit—she had six towels, and out of the six I picked three of the largest out—this is one of them—I know it because I picked three of the largest out—I do not know whether there are any stains upon this—I do not know whether they are not washed out—it is three years ago that I used them—I do not know whether they have kept the stains—I fell out with the prisoner, she said I had taken one, and made it into a pinafore for the child, and I never spoke a word to her till about a twelve-month ago.

Q. Point out how you know the towel you have been looking at? A. I do not know—I know I used three of the largest she had, and stained them with the fruit, but she has often washed them since—they were hardly stained, they had very little stains on them—hers were three diaper ones, two small, and the other larger—I can prove these are three of the largest diaper ones—I have no mark on them—I know nothing about the quality or making of them—these are the same—this one is the largest of the diaper ones—that is the one I recollect—there are two one pattern, and one another pattern, and that was the case with the towels she had—they were quite new at that time—I can prove these three to be the same—I do not know the coarse towels—I did not take notice of them.

MR. PHILLIPS. Q. You commenced by swearing there were stains of fruit on these towels, and if the Jury looked at them they would see them there? A. I do not know for this time, but at the time I gave them up to the prisoner they were stained—they would be there if she did not happen to wash them out—they were very slight stains at first, because I was afraid the prisoner would see them, and I sent them to the wash, and had them mangled, but they did not come out then—they were stains of ripe berries, red berries, gooseberries I mean, I forgot the name at first—I do not see any stains of fruit on these—I am no scholar, and could not tell whether there was any letter on them—if there were twenty marks I could not tell—if there were letters on them I should not have observed them—I never noticed a "W" on them—this one is soiled, I cannot swear to it—I see no stain on it.

COURT. Q. Are they such as she had, in quality and appearance generally? A. Yes.

MR. PHILLIPS. Q. How was it you took such notice of them? A. Because she said I had kept one from her, and we fell out about it—I noticed them in consequence of that—I have not seen them for three years till now—I did not go before the Magistrate—I did not swear to them before I looked at them—I could swear to them without seeing them, because they are stained, except the prisoner washed them.

MRS. COLE re-examined. This jack-towel is now in three pieces—it was called one towel before the Magistrate—this fish-napkin, with a hole in it, is stained—it is not a diaper one.

MARGARET BUTLER continued. I know this one, because it his a large branch or flower, and the others were smaller—I swear positively to this—I swear I took the cloths up in my hand before I swore to them to-day.

Q. Do you mean that you took the three up in your hand, and looked at them, before you swore to them? A. No, not before I swore to them—I could swear to them without looking at them.

COURT. Q. You had seen in the prisoner's possession three napkins, part of six? A. Yes—one of them was large, and two were smaller, and two were of different patterns to the others, which is the case with these—I did not take one of them to make a pinafore of—she said I did, but she had it in her box—my attention was called to the pattern and appearance of these things, because I was charged with having taken one.

CATHERINE BUTLER . I am daughter of the last witness. I remember the prisoner having some towels—I hemmed three for her after she left her place at Mr. Nicholls's, in the Strand, about three years ago—these are the three—I can swear to my own work—they are coarse towels—one side of them was not hemmed, because I had not time to do it, and she put it into her box, and here is one with one side not hemmed, the other two are complete—these are my own work—they were new when I hemmed them three years ago.

MR. PHILLIPS. Q. Do you mean deliberately to swear that these are the three towels you hemmed three years ago? A. Yes—I was living with my mother at the time—she saw me hemming them—no, she was out with the stall that day, as my father was tipsy—I hemmed them all the same day; I was going to my place that night, and had not time to hem this side—I am sure that was the reason.

Q. Why say just now it was because the prisoner took them away in a hurry? A. She had some caps to quill up for me—she did not wish me to lose my place—she and my mother had a fall-out—I always spoke to her—I have no feeling against any one in this case—I have not threatened, since I have been in Court, to give Mrs. Crow a good hiding the moment I get out—I have not spoken a word to her, and if I saw her I should not know her—I will swear I never said so—I was to be at my place at seven o'clock the evening I hemmed these towels, but I did not go till a quarter after eight—my mother carried my box—I did not tell her I had hemmed the towels—I do not know these diaper ones—I only saw some in the prisoner's box, but I should not know them again—I never took notice of them—I do not call these towels new—I cannot tell whether they have been washed—I only hemmed two sides of each, not the four sides—I saw them about five months ago, when the prisoner lived at Mrs. Grogen's, No. 12, Gee's-court—she took me there to tea one Monday, and as she was pulling out her things, to put on her shawl to go out, I said, "Here are these towels, Mary, that I hemmed," and she said, "Yes"—my mother was not there—I did not tell her of it—I did not go before the Magistrate—I should know a hem that had been ironed or mangled—(looking at one of the towels)—I do not know whether this hem has been ironed or mangled since it was hemmed—I cannot say—I do not think it has—they have been washed since I hemmed them—some persons iron towels and napkins after washing them, and some do not—there was no letter on either of them when I hemmed them, that I know of—I did not notice it—I hemmed this side, but I did not take notice of that letter—(this was the towel with but one side hemmed; the letter "E" was on the unhemmed side, and close to the edge.)

JOHN SHIELDS . I am a watchmaker, and live at No. 83, Great Marylebone-street. The prisoner came into my service about the 22nd of November, 1838, and lived with me one year and ten months—I know but little of her towels further than she had such things, which I saw the day after she left my service, when she was taking away her things—there were

different sorts, but there was one which I asked a friend of mine what it was called, and she said, "A damask towel"—I likewise saw another, which had the letter "W" in the corner—I said that was not one of the initials of Mary's name, and the next time I saw her I asked her how it came to be marked so—she said, as she could not read, all her things were marked in that way, and she showed me a pocket-handkerchief and a cap, which were marked in that way—I am single—she sent a strange woman to take her things away, and not liking to give them to a stranger, I requested a friend of mine to take an inventory of her things, and my friend had one in her hand which was a damask one—I said Mary had excellent things, but I did not know she had such things—it had a "W" in the corner—(looking at one)—that is the kind of towel, but that this is the same I could not swear—it has precisely the same sort of mark—I gave her a character to Mrs. Cole—she left me because I considered her temper rather hasty, and she said if I chose to pay her she would leave immediately—I told her she might go—I gave her a character, as being hasty, but as for honesty, sobriety, and such like, I never had her equal—one of Mrs. Cole's lodgers would have been here, but he is in Paris—I have two letters from him, and one letter of Mrs. Cole's to him.

MR. PHILLIPS. Q. The prisoner did not give you as a reason for the "W" being on her things, that she accidentally sent her things to the same washerwoman as Mrs. Cole? A. No—it was before she went to Mrs. Cole—she said all her things were marked in that manner—she did not say it was a "W"—she said she could not read—I did not go before the Magistrate—I did not know of this till Mrs. Cole informed me of it.

RICHARD LUBE . I am a labourer, and live in Barrett's-court, Manchester-square. I moved the prisoner's box from Mr. Shields to the prisoner's lodging, at Mrs. Grogen's, No. 11 or 12, Gee's-court—I did not notice what was in it, but a policeman, No. 151 D, did—he is not here—I have not had time to find him, being only informed about it late this afternoon—I was at Marylebone Office when the policeman came there for the box, and they thought I could find him, but I have not had time to do so.

MARGARET BUTLER re-examined. I was out the day my daughter hemmed the towels—I remember her having to do some work for the prisoner, but I do not know what it was, because I am out every day of the week—she was doing work regularly for the prisoner—I did not wash for them—the hem of these towels is very thick—I do not know whether it has been ironed since it was washed—it would take a very heavy iron to lay that down—I think there has been an iron to it—it is usual to iron things of this sort, or mangle them—this does not appear to have been mangled.

REBECCA CROW re-examined. Since I have been in Court, the witness, Catherine Butler, touched my elbow, and said, "I will give you a good hiding when you get out"—I instantly told the policeman of it—he said something to her, and she nodded consent to it, and laughed—it was almost directly after I had been examined—I never saw her before.

JOHN COOTE . re-examined. Mrs. Crow spoke to me about this, and the girl nodded at me, and smiled.

MRS. COLE re-examined. This letter produced by Mr. Shields is my writing—I wrote it to one of the persons who lodged at my house—I have not found any towels of the prisoner's left behind similar to these, which she might mistake for hers—my washerwoman's name is Allen—the "W" is a mark I have used for years—it is put on every thing—the laundress

occasionally puts it, if she finds I have not done so—this tray-cloth is made out of a table-cloth cut in two—here is the other part—I hemmed them and marked them both myself—the prisoner's things never went to the laundress, except three caps.

GUILTY. Aged 25.—Recommended to mercy by the Jury and Prosecutrix . Judgment Respited.

NEW COURT.—Monday, Dec. 14th, 1840.

Fifth Jury, before Mr. Common Sergeant.

WILLIAM SMITH.
14th December 1840
Reference Numbert18401214-250
VerdictGuilty > unknown
SentenceImprisonment

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250. WILLIAM SMITH was indicted for stealing, on the 11th of December, 5 pieces of wood, value 9d., the goods of John Robert Butler, his master.

JAMES COWMEADOW . I am in the service of John Robert Butler—the prisoner was likewise in his service. On the 11th of December I lost some wood like this—I can swear to this piece—I had been using wood of this sort.

GEORGE FELTHAM . On the 11th of December I met the prisoner on the road to Hillingdon, carrying a basket of carpenter's tools—I saw his pocket sticking out, and in it found these three pieces of deal, and these two pieces in the basket—I asked where he got them—he said, "Down at Hillingdon-end," and then he said, "At some new buildings"—they were odds and ends cut off—I went down to Cowmeadow, who claimed them.

Prisoner's Defence. I had made a cart for Mr. Mann, and these were the odds and ends I had left, I carried them to Hillingdon, and put them into my pocket; the policeman asked me what I had got, I said, "Some bits of wood;" I had worked for different people.

GUILTY . Aged 58.— Confined Two Months.

WILLIAM HENRY FITZGERALD.
14th December 1840
Reference Numbert18401214-251
VerdictNot Guilty > unknown

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251. WILLIAM HENRY FITZGERALD was indicted for stealing, on the 4th of December, 2 plates, value 7s., the goods of John Stultz, his master.

JOHN STULTZ . I am a tailor, living in Saville-row, Burlington-gardens—the prisoner was my footman. On the 4th of December, from some circumstances, I sent for a policeman to search his boxes—they were searched in my presence, and these two plates were found there—they are mine—(produced.)

Cross-examined by MR. PHILLIPS. Q. Have you got any partners? A. Yes; but these plates were my own property—there were no apples or fruit of any kind in these plates when they were found—the prisoner had been absent all night—he got tipsy, and was fined 5s. for being drunk—I am not aware that there were any remains of the liquor on him when he came back—he came to me from Mrs. Francis Rickards in Queen Anne-street—I got a good character with him—he had plate to a considerable extent in his care—these plates might have been used the evening before.

TIMOTHY GIBLETT (police-constable E 95.) I went and found these plates near the bottom of the prisoner's box—I asked him how they came there—he said he put them in the box with some fruit.

Cross-examined. Q. How did you get this box open? A. The prisoner took the keys from his pocket, and unlocked it in my presence.

NOT GUILTY .

WILLIAM SCARBOROUGH.
14th December 1840
Reference Numbert18401214-252
VerdictGuilty > unknown
SentenceImprisonment

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252. WILLIAM SCARBOROUGH was indicted for stealing, on the 1st of December, 1 pewter pot, value 10d., the goods of Robert Marsham; and 1 pewter pot, value 6d., the goods of John Green.

ROBERT MARSHAM . I keep the Earl Grey beer shop in St. George's-place, Holloway. I was gathering my pots on the 1st of December, and caught the prisoner taking this pot off the railings, and putting it under his flannel jacket—I stopped till he came up to me—I said, "Young man, you have got some pots of mine"—he said, "No, I have not"—I opened his jacket, and this pot was under it—I said, "What are you going to do with this?"—he said, "To have some water"—I gave him into custody.

JAMES ALLEN . I saw the prisoner going down George's-place, after he was stopped by Mr. Marsham—he took this pot from his hat, and threw it into a garden—I went and got it, and gave it to the officer—I am sure I saw him do it.

JOHN GREEN . I keep the Archway tavern at Holloway. This is my pot.

Prisoner's Defence. I was going about some work and was thirsty, and took this pot to get some water; I never had the other pot, Marsham must have seen me if I had.

ROBERT MARSHAM re-examined. I saw him take his hat off, but I did not see him chuck the pot out.

GUILTY . Aged 19.— Confined Three Months.

RICHARD YOUNG.
14th December 1840
Reference Numbert18401214-253
VerdictsGuilty > pleaded guilty
SentencesTransportation

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253. RICHARD YOUNG was indicted for stealing, on the 23rd of November, 1 1/2 lb. weight of leather, value 2s. 9d.; 1 pair of shoes, value 2s. 3d.; 1 apron, value 1s.; and 1 handkerchief, value 3d.; the goods of George Wood, his master: also, on the 24th of November, 1 cane, value 2s., the goods of Luke Wooten; to which he pleaded

GUILTY . Aged 15.— Transported for Seven Years.

GEORGE BULL.
14th December 1840
Reference Numbert18401214-254
VerdictGuilty > pleaded guilty
SentenceImprisonment

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254. GEORGE BULL was indicted for embezzling 3l. and 4l. 3s., the monies of James Imray and others, his masters; to which he pleaded

GUILTY . Aged 25.— Confined Four Months.

THOMAS KINSMAN.
14th December 1840
Reference Numbert18401214-255
VerdictGuilty > unknown
SentenceImprisonment

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255. THOMAS KINSMAN was indicted for stealing, on the 1st of December, 1 handkerchief, value 4s., the goods of John Jeremiah Payne, from his person.

JOHN JEREMIAH PAYNE . On the 1st of December I was standing in Leicester-street—I felt something at my coat pocket, and lost my pocket handkerchief—the prisoner was close by my shoulder—I collared him, and gave him into custody—this is my handkerchief, and the one I lost.

JOHN ERSKINE (police-constable C 81.) I received the prisoner in charge, and searched him, but found nothing on him—I asked him about the handkerchief, and he said he had not got it—I then took him to the cell, and desired him to strip himself—I saw him take this handkerchief from under his shirt, and throw it under the bench.

Prisoner's Defence. I did not take the handkerchief; I saw it down, and two boys ran and took it up, and put it into my breast.

(The prisoner received a good character.)

GUILTY . Aged 20.— Confined Three Months.

ALFRED BURFORD.
14th December 1840
Reference Numbert18401214-256
VerdictGuilty > pleaded guilty
SentenceImprisonment

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256. ALFRED BURFORD was indicted for stealing, on the 26th of November, 1 pair of compasses, value 15s.; 1 spirit level, value 15s.; 1 diamond, value 7s.; 1 shirt, value 3s.; 2 pairs of stockings, value 4s.; and 1 case of surgical instruments, value 15s., the goods of Francis Giles; to which he pleaded

GUILTY. Aged 22.—Recommended to mercy .— Confined Five Months.

ANN MURPHY.
14th December 1840
Reference Numbert18401214-257
VerdictGuilty > unknown
SentenceImprisonment

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257. ANN MURPHY was indicted for stealing, on the 1st of December, 5 lbs. and 3 oz. weight of ham, value 3s., the property of Zachariah Richard Catchpole.

PHILLIP STIBER . I am in the service of Zachariah Richard Catchpole. On the 1st of December, I saw the prisoner come past the shop—she had her hand on a piece of pork—she saw me and went away, but came back at half-past one o'clock, and took half a ham and put it under her shawl—she then came into the shop, and called for a quartern of shilling butter—before I served her, I asked her what she had under there—she said, "Nothing"—I lifted up her shawl and saw the ham—I took it from her and gave her into custody—it was my master's ham.

GUILTY . Aged 20.— Confined Two Months.

FREDERICK THORNTON.
14th December 1840
Reference Numbert18401214-258
VerdictGuilty > unknown
SentenceImprisonment

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258. FREDERICK THORNTON was indicted for stealing, on the 30th of November, 1 pair of gloves, value 9d., the goods of William Hunter.

MARY ANN HUNTER . I am the wife of William Hunter, living in Charles-street, Somers Town. On the 30th of November, the prisoner came to my shop for a pair of worsted gloves—I showed him some which came to 9d.—he tried on one, went to the door to call a person—he came back to the counter and put on the other, went to the door again to look for a person, and ran off down York-buildings—my daughter ran after him, calling "Stop thief"—he was taken and these gloves found.

MARY HUNTER , Jun. I saw the prisoner come into the shop—when he went out I followed him—I ran after him—there was no other man there—I ran till he was caught by my father first, the policeman took him from him.

JOHN EATON (police-constable S 103.) I took the prisoner, and found the gloves in a garden in York-buildings, past which he ran.

Prisoner's Defence. I was going home—I saw a man run down Charlton-street—I pursued him, and as I ran up Southampton-street a gentleman stopped me, and I was taken—I know nothing of it.

GUILTY .* Aged 22.— Confined Five Months.

JAMES CLARKE.
14th December 1840
Reference Numbert18401214-259
VerdictGuilty > unknown
SentenceImprisonment

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259. JAMES CLARKE was indicted for stealing, on the 5th of December, 1 coat, value 2l. 10s.; 1 pair of gloves, value 1s., and 1 hand-kerchief, value 1s. 6d., the goods of Thomas John Morgan.

THOMAS JOHN MORGAN . I am clerk to a gentleman in Bond-street. I lost this coat, pair of gloves, and handkerchief from the office—I did not miss them till the policeman brought them back—they were safe at nine o'clock in the morning.

WILLIAM KENT (police-constable C 162.) I met the prisoner in Jermyn-street at half-past nine o'clock with a bundle containing these things.

Prisoner. There was a young man with me—he happened to look back, and as soon as he saw the policeman, he gave me the bundle and asked me to carry it to James-street. Witness. There was a man with him, but the prisoner had the bundle when I first saw him—the other ran away—he did not tell me that the other told him to carry the bundle to James-street, till after I took him there, and I found it was incorrect.

GUILTY . Aged 17.— Confined Five Months.

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

Second Jury, before Mr. Sergeant Arabin.

JAMES POWELL.
14th December 1840
Reference Numbert18401214-260
VerdictGuilty > pleaded guilty
SentenceImprisonment

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260. JAMES POWELL was indicted for stealing, on the 4th of December, 1 coat, value 20s., the goods of James Gowers; to which he pleaded

GUILTY . Aged 66.— Confined Six Months.

WILLIAM MATTHEWS.
14th December 1840
Reference Numbert18401214-261
VerdictGuilty > unknown
SentenceImprisonment

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261. WILLIAM MATTHEWS was indicted for stealing, on the 2nd of December, 1 half-crown, the monies of Walter Robins, his master.

THOMAS HARRIS . I am in the service of Walter Robins, of Lisson-street, Lisson-grove. The prisoner was our journeyman for six or seven months—he came from the country—I saw him behind the counter, near the till, putting the bread in the window—I afterwards went to the till, and missed half-a-crown, which I had seen there about five minutes before—I said either him or the other baker had taken half-a-crown out of the till—he said he did not—I called to the young man, and asked him about it, but the prisoner called out to him, "Hold your tongue," and then the other did not speak—at last the prisoner gave me the half-crown out of his watch-pocket, and said, "Here is the half-crown"—I told my mistress.

Prisoner. I should like him, to produce the half-crown. Witness. I put it into the till again.

JOHN MANNING . I am a policeman. On the 3rd of December I was called to take the prisoner—I asked if he knew what he was taken for—he said, "No"—I said it was for stealing half-a-crown from his master's till—he said he knew nothing about it, but at the station he said he gave it back again to the boy after taking it—at the office the Magistrate asked how he came to take it, he said he had but 6s. a-week, that his master gave him warning, and he took it to pay his travelling expenses.

Prisoner's Defence. Master gave me low wages, and I was a great way from home.

GUILTY . Aged 18.— Confined Two Months.

CHARLES BARRETT, ROBERT CLEVELEY, SARAH HIBBERT.