Old Bailey Proceedings.
1st March 1841
Reference Number: t18410301

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Old Bailey Proceedings front matter.
1st March 1841
Reference Numberf18410301

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Taken in Short-hand








On the Queen's Commission of the Peace,



The City Of London,





Held on Monday, March 1st, 1841, and following Day.

Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; the Right Hon. Sir Nicholas Conyngham Tindal, Knt., Lord Chief Justice of her Majesty's Court of Common Pleas; Sir John Bernard Bansanquet, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Anthony Brown, Esq.; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt.; Sir John Cowan, Bart.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; Thomas Wood, Esq.; John Lainson, Esq.; John Kinnersley Hooper, Esq.; 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.


First Jury.

Adolphus Canner

William Thomas

William Topliff

Peter Johnson

Henry Wormnald

Edward Glenney

Richard Swain

Edward Corderoy

Charles Tuckett

William Wells

Thomas Rivinson

John Sainsbury

Second Jury.

John Edward Green

James Howe

George Shoe

Anthony Sands

Francis Machin

Thomas Haddon

John Welshire

Thomas Wells

Stephen Stone

John Smith

William Cooper

Joseph Haydon Starry

Third Jury

William Devison

Joseph Thomas Scarlet

Isaac Woolcot

William D. White

William Williams

John Dolphin

Thomas Hunt

Thomas Weedon

Elihu Wilson

Richard Burridge

John Dear

Thomas Brewer

Fourth Jury.

John Joseph Starey

Joseph Smith

John Andrew Sturton

John Ball

Frederick Wood

Robert Wooding

Henry Philip Davis

Thomas Clarke

Archibald Archer

William Lens Aldous

Henry Chalmers

William Skinner

Fifth Jury.

William Carlile

James Webb

Henry Hodge

Henry Weston

George Tupman

Alexander Tollett

William Bennett

John Williams

Alfred Smith

Henry Woolcott

Thomas Negus

James Spittell

Sixth Jury.

John Hill

John Brownlow Waite

William Watkins

Richard Hughes

George Alexander Watts

William Henry Wiggins

Edmund John Howes

Charles Haynes

Samson Mordan

George Rance

John William Willis

William White.



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


OLD COURT.—Monday, March 1st, 1841.

First Jury, before Mr. Recorder.

1st March 1841
Reference Numbert18410301-791
VerdictNot Guilty > non compos mentis

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791. CHARLES ROBERT MOTT was indicted for stealing, on the 16th of January, 1 cap, value 1s., the goods of HENRY HYAMS .

(Upon the evidence of Mr. McMurdo, the consulting surgeon of Newgate, and Mr. Cope, the governor, the prisoner was found not of sound mind.)

1st March 1841
Reference Numbert18410301-792
VerdictNot Guilty > unknown

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792. HENRY BROWN was indicted for a misdemeanor.


1st March 1841
Reference Numbert18410301-793
VerdictGuilty > pleaded guilty

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793. JOHN LEVINS was indicted for stealing, on the 4th of February, 3 bottles, value 4d.; 3 pints of brandy, value 10s. 9d.; and half a pint of gin, value 1s. 2d.; the goods of Joshua Penny and another, his masters; to which he pleaded

GUILTY. Aged 26.—Recommended to mercy. — Confined Three Months. (The prisoner received a good character.)

1st March 1841
Reference Numbert18410301-794
VerdictGuilty > unknown

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794. WILLIAM WHEELER was indicted for stealing, on the 5th of January, 1 bridle, value 15s., the goods of Jeremiah Rayment.

WILLIAM DAY DAVIS (police-constable H 86.) On the night of the 5th of February, about ten o'clock, I met the prisoner in Church-street, Mile-end, with this bridle—I asked where he was going with it—he said, "Home"—I asked where that was—he said, "George Yard, Whitechapel"—he said he found it by the railing of Spitalfields' workhouse—I took him to the station.

CHARLES MATTHEWS . I am carman to Jeremiah Rayment Between eight and nine o'clock, on the night of the 5th of February, I stopped at the Lion public-house, in Spicer-street, Brick-lane—I went in to get a little refreshment, leaving the wagon and horses at the door, with their nose-bags on—I came out in about a quarter of an hour, and found the nose-bag was taken from one of the horse's heads, carefully hung on the hame, and the bridle taken off, and gone—this is it—it is my master's—it is nearly new—Spicer-street is about a quarter of a mile from Mile-end.

Prisoner's Defence. It was nearly half-past ten o'clock when the constable

stopped me—he asked me where I got it from—I said I picked it up, and was going to take it home.

WILLIAM DAY DAVIS re-examined. I met him about three hundred yards from Spitalfields' workhouse—I did not go to George-yard—I believe he did lodge there—it is a common lodging-house.

(The prisoner received a good character.)

GUILTY . Aged 18.— Confined Six Months.

NEW COURT.—Monday, March 1st, 1841.

Fifth Jury, before Mr. Common Sergeant.

1st March 1841
Reference Numbert18410301-795
VerdictNot Guilty > unknown

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795. THOMAS LONG was indicted for stealing, on the 6th of February, 1 handkerchief, value 3s., the goods of Henry Hull, from his person.

HENRY HULL . I live in Southampton-street, Pentonville. On the 6th of February I was in St. Andrew-street, Seven-dials—I received information from a woman—I felt in my pocket, and found my handkerchief was gone—I had seen it about a quarter of an hour before—I saw the prisoner running across the street—I ran, and caught hold of him—I said, "You have stolen my handkerchief"—he said no—some other person had the handkerchief, who was a few yards from the prisoner.

Prisoner. Q. Did I not walk with you quietly? A. You were a little obstinate at first, but after that walked quietly.

COURT. Q. Did Long say any thing to you at that time? A. No, he followed me to the station—another party said that the prisoner took my handkerchief.

DENNIS LONG . I live with my father, in Field-lane, Holborn. About a quarter past five o'clock in the afternoon of the 6th of February, I was at the corner of Great St. Andrew-street—I saw the prisoner throw this handkerchief from his left hand—I saw the prosecutor with him—he got bounceable, and wanted to get away—Goodchild took him—I never saw the prisoner before, and had no quarrel with him—I do not know who picked it up—he threw it away before any thing was said to him—he was running.

SAMUEL GOODCHILD (police-constable A 86.) I took the prisoner—he told me he picked the handkerchief up, and then said he knew nothing of it—he resisted very much in going to the station.

Prisoner's Defence. I heard some person say, "There is a boy got your handkerchief"—two boys ran past me—they threw something down—I turned back to the corner, and met this gentleman—he said, "You have got my handkerchief"—I said, "I have not indeed"—Long has been found out in many lies—he gave his name differently.

DENNIS LONG re-examined. I gave my name differently because I was ashamed—the prisoner's name and mine are alike—my name is Dennis Long—the prisoner gave his name at the station, and I changed mine directly to Dennis Lepin—I do not know the person who told the prosecutor about the prisoner—I am sure of that—I have never seen the prisoner in Field-Jane.


1st March 1841
Reference Numbert18410301-796
VerdictsGuilty > pleaded guilty

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796. JOHN ELDRIDGE was indicted for stealing, on the 2nd of January, 2 coats, value 4l. 10s. 1 waistcoat, value 6s.; 4 shirts, value 1l. 4s.; 2 handkerchiefs, value 4s.; 3 flannel waistcoats, value 6s.; and 1 bag, value 5s.; the goods of Alexander Fisher Macintosh, his master: also, on the 26th of January, 1 coat, value 3l.; 1 pair of trowsers, value 1l.; and 1 waistcoat, value 1l.; the goods of Alexander Fisher Macintosh, his master; to both of which he pleaded.

GUILTY. Aged 21.—Recommended to mercy. — Confined Six Months.

1st March 1841
Reference Numbert18410301-797
VerdictGuilty > unknown

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797. WILLIAM SMITH . was indicted for feloniously breaking and entering the dwelling-house of Frederick Shemeld, on the 10th of February, at St. James, Clerkenwell, and stealing therein 1 watch, value 17s.; 1 watch-guard) value 2s.; and 1 tooth-pick, value 1s.; the goods of Henry Roughton.

HENRY ROUGHTON . I lodge in Clerkenwell-close; the house belongs to Frederick Schemeld; it is in the parish of St. James, Clerkenwell. On the 10th of February I was at work in the shop, a little before four o'clock, and heard my wife scream for assistance—I went to her, and found her grappling with the prisoner—I took charge of him, and sent her back to see if she had lost any thing—she found she had lost this watch, guard-chain, and a tooth-pick—the policeman came over, add while he came the tooth-pick dropped from some part of the prisoner—I saw his left hand fall, I took hold of it, and took the watch and guard-chain from it—I do not know whether the outer door was shut or open.

SARAH ROUGHTON . I was in the kitchen about four o'clock that day—I heard some one at the back parlour-door, in a few minutes I heard the door broken open—it had been shut and locked—I ran up stairs, and saw the prisoner walking out of the parlour—I collared him, and said he had got my watch—he did not answer me—I called for my husband, who came—I was gone back to the parlour when my husband took him—I had seen the watch safe about two o'clock—I am sure the back parlour-door was locked, I locked it myself—the policeman examined the door afterwards in my presence, and the lock was broken.

FREDERICK CHAPPELL (police-constable, G 221.) I saw Mr. Roughton struggling with the prisoner, I went up, and saw him take this watch and chain from him—I examined the parlour door, and found the box of the lock forced off.

Prisoner's Defence. I had been drinking very hard all day; I have no recollection of it; I have been working at Birmingham.

GUILTY . Aged 23.— Transported for Ten Years.

1st March 1841
Reference Numbert18410301-798
VerdictGuilty > unknown

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798. WILLIAM SMITH was again indicted for stealing 1 bag, value 2d.; and 2 half-crowns; the property of William Harrison, from his person.

JOHN HARRISON . I live in Nelson-place, City-road. I was taken to the station on the 10th of February, for drunkenness—I had two half-crowns in a little black bag, and a watch—about half-past seven o'clock I was bailed out, and my bag and half-crowns were gone—the prisoner was in the cell with me—this is the bag that had my money in it.

FREDERICK CHAPPELL (police-constable G 221.) I apprehended the prisoner about a quarter before four o'clock—I searched him before he went to the station, he had 1s. 1/2 d. on him—he had two pairs of trowsers on—he had no more money on him—I searched him in the parlour first, and in the station again.

WILLIAM PENNY . I am a police inspector. The prosecutor was brought in drunk about one o'clock, he was not searched—the prisoner was brought.

in about quarter to four; he was searched, the officer gave me one shilling and one halfpenny, which he said he took from the prisoner—the prisoner pretended to be drunk, but I am certain he was shamming—I brought him out about six o'clock, and searched him, he had nothing about him—about eight o'clock the prosecutor was bailed—about nine the prisoner sent for me and said he wanted me to send to Field-lane, for some coffee—I said I would furnish him with any thing—the prisoner afterwards put his hand through the cell-door, and gave the man who came there half-a-crown, to fetch him some refreshment—I opened the cell, searched him, and found another half-crown—I said, "How is this, you had no money?"—he said, "Yes, it was in my watch-pocket"—I said, "I shall find an owner for it"—the next morning the prosecutor said he was robbed of two half-crowns, and a small bag—I went to the water-closet, and found this bag there—there were two more people in the cell, I searched them, they had nothing about them—I am certain the prisoner had not the money about him when I searched him—the watch-pocket 1 searched particularly.

GUILTY . Aged 23.

[See previous trial for punishment.]

1st March 1841
Reference Numbert18410301-799
VerdictGuilty > with recommendation

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799. JAMES HARDING was indicted for stealing, on the 9th of February, 2 half-crowns, and 11 shillings, the monies of William Jackson.

JANE LEWIS . I live with my uncle, William Jackson; he keeps the White Lion public-house, in Brick-lane, Old-street, St. Luke's. About seven o'clock, on the 9th of February, the prisoner came to the bar for half a pint of porter—I turned my back to him—the till was not in my sight—I heard some money drop, and the till shut—there was no one there to shut it but the prisoner—I had seen it a little while before, and there was 19s. 6d. in it—I just caught sight of the prisoner as he got out of the door—I examined the till, there was one half-crown and one shilling left, instead of 19s. 6d.—there had been three half-crowns and the rest in shillings—I am sure he is the man, there was no one else in the place.

Cross-examined by MR. PRENDEROAST. Q. How old are you? A. Ten years—there were many persons in the house—I told my aunt, and she went out of the door, and could not see any one—she was sitting behind the door in the bar—she did not see the prisoner—I did not see him take the money—I was sitting by the fire—my aunt was sitting close by me—the prisoner had got his beer and drank it—the beer was on the counter—the prisoner had got a brown top coat on.

WILLIAM BARTON (police-sergeant Q 1.) I received an account of this robbery—the prisoner was brought to the station—I called him out—he said, "I don't know the place, I was never there"—he had a new pair of shoes on—I said, "Where did you get these from?"—he said he had had them two months, he bought them of a roan in the street, he did not know who—I sent to the White Lion, and the witness, Jane Lewis, came up—the prisoner had told me the night before that he had been out of work four months.

Cross-examined. Q. When was this? A. He was brought to the station about a quarter to seven o'clock in the evening—I found the shoes on him about nine o'clock the next morning—I found 4s. 6d. in silver on him, and 5 1/2 d. in copper.

EDMUND GILES . I live in Whitecross-street, about five or six minutes'

walk from the White Lion. On the evening of the 9th of February, the prisoner came to buy this pair of shoes—he left his old ones to be repaired.

Cross-examined. Q. How do you know them? A. By the cut, and the No. 2114 in my writing, and the letter M stamped with an iron stamp—he came between seven and eight o'clock—I knew him before as a customer—I don't know where he was living—there was nothing remarkable in the dealing—he had a brown top coat on.

COURT. Q. Are you sure these are what he bought of you that night? A. Yes—he paid me one half-crown and six shillings—I saw him get possession of the half-crown in the shop from another person.

(The prisoner received a good character.)

GUILTY. Aged 37.—Recommended to mercy by the Jury. — Confined Three Months.

OLD COURT.—Tuesday, March 2nd, 1841.

Second Jury, before Mr. Justice Williams.

1st March 1841
Reference Numbert18410301-800
VerdictNot Guilty > unknown

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800. JOHN BURTON was indicted for feloniously assaulting Amelia Broad, on the 2nd of February, being armed with a knife, with a felonious intent to rob her, and her goods, chattels, and monies, from her person, and against her will violently and feloniously to steal.

MR. PHILLIPS conducted the Prosecution.

AMELIA BROAD . I am in the service of Mr. Godfrey, at Hanwell. On Tuesday, the 2nd of February, I was going towards Hanwell, between nine and ten o'clock at night—I had occasion to go by the church, path, and saw a man standing by the old house—it was the prisoner—he said nothing to me as I went—I returned about ten minutes before ten, and as I passed under the arch of the railway station, he said, "It is a snowy night"—I said, "Yes, sir," and walked on till I got to the wooden swing gate—he seized hold of the gate, to prevent my passing through—I got through, and he said, "Would you like a good rolling in the snow, my dear?"—I did not speak—I was very much frightened—he continued to follow me: and when I got to the trees, he said, "Have you not got any money to give a poor fellow for a night's lodging?"—I put my hand down and held my pocket—he took hold of my hand with one hand, and with the other felt all round me—I struggled violently with him, and hurt my arm in struggling—I have been obliged to wear it in a sling—he continued to hold and abuse me till I got to the iron swing gate, and said there, "I will not let you go through till you tell me whether you are going to Green-ford"—I was so frightened I could not speak, but 1 pointed to Mr. Carr's cottage, it being the nearest—he swore at me dreadfully, gave me a violent blow on my back, and pushed me through the gate—the blow, I afterwards found, cut my clothes through—I saw a small dark thing in his hand, what it was I don't know, but my dress on the right hand side was cut and torn—the cut was a small notch—and then it was torn, I think, in pulling; but my things were cut through the back as well—he then walked alongside the iron fence, and turned and watched me—I had never seen him before that night—I have not a doubt of his identity at all.

Cross-examined by MR. HORRY. Q. It was a hard snowy night, was it not? A. It was a snowy night—the ground was snowy—it did not snow above—it did not snow while I was walking—I was not out more than twenty-five

minutes altogether—Mr. Godfrey keeps a shoe warehouse in Conduit street—I cannot tell how far his house is from where I was to go—the churchyard was not lighted, nor was it light under the archway—he was not under the archway when I went by the first time—he was near the old workhouse, which is a ruin—not near the arch—I passed close by the old house—I did not see anybody else about at the time—I came back the same way I went—it is about seven minutes' Walk from the swing gate to where I went at Hanwell—it is rather less than a quarter of a mile—the archway is about five or seven minutes' walk from where I went to at Hanwell—it is about 100 yards from the archway to the swing gate—there was nobody near when I was going through—he could have prevented my going through—he dodged the gate, but I got through—the trees are about 150 yards beyond the swing gate—up to that time he had not touched me, only spoken—it is a double row of trees—it is a lane, not a high road—the trees are some distance from the lane—he held and abused me till I got to the iron swing gate—I pointed to Carr's house, and then he gave me a violent blow, and he pushed me through the gate—Mr. Carr's cottage is not far from the gate—I went through the gate, but I was afraid to turn my back to him—I went along the path to Mr. Carr's cottage—he walked along the iron fence by the road I was on.

COURT. Q. Had you any money with you? A. I bad 4s. loose in my pocket, which I had been sent with to the village—I held my pocket in my hand—I have my dress here.

BENJAMIN WILLIAM MATTHEWS . I am a policeman. On the night of the 2nd of February, I was informed of the attack made on the prosecutrix, and I went to examine the place, about the iron gate—it was a snowy night, and close to the gate there was every appearance of a struggle having taken place—there were footmarks of two persons, and I could tell by them it had been a struggle between a man and a female—I traced the footmarks of the woman close to Mr. Carr's cottage, and the man's across the fields towards Greenford.

Cross-examined. Q. Which gate did you examine? A. The iron swing gate—it was a very heavy snowy night—I received information about eleven o'clock—it was snowing when I left the station—it had been snowing some time—where the struggle was, the snow was scattered about.

CHARLES STEBBING . I am a policeman. I went to the iron gate, the arch, and the wooden gate—I found footsteps of a man, which I measured—they were the steps of only one man—I afterwards got the prisoner's shoe off his foot, and from the measurement it corresponded exactly with the marks, both in length and width of the toe and heel—from the description the prosecutrix gave me, I apprehended the prisoner—he exactly answered the description she gave—I asked him to have the kindness to walk to the station—he did so—I then fetched the prosecutrix to the station—she waited there a minute or two, and then the prisoner was sent in—she immediately said, "That is the man who attacked me on Tuesday the 2nd of February"—this was the Wednesday week following—I am quite certain she mentioned the day of the week and month—he made use of a very bad expression, and said he never saw any thing of her, he knew nothing at all of her, and said he had not been out of the house for some considerable time, being ordered by the doctor to keep his house and to keep his bed—those were the words he used, that he kept his home and his bed—that

was not true, because the night before the attack, I was in conversation with him, and walked nearly half a mile with him on the Uxbridge.

Cross-examined. Q. This was seven or eight days after the attack? A. It was on Wednesday, the 10th—I knew him before, and knew where he lived—when I took him to the station, I fetched the prosecutrix—I told her she was wanted at the station, that the inspector wanted to see her—I do not recollect telling her it was about the attack that had been made on her—I never stated any thing of the sort—I will swear I did not tell her the prisoner was there—I said there was some one there the inspector wanted to show her, but not knowing who it was, she did not ask what she was wanted for, to my recollection—I have always said that the prisoner said he had been ordered to keep his house and his bed by order of the doctor—I mentioned that before the Magistrate—I never said he had been ordered to keep his house only—I always said "house and bed"—I heard from the cook at the house, and from the surgeon, that the prosecutrix was ill—I went to inquire for her, and did not see her—she was in bed—I with me at the time—I had not taken him then—I took the measure the next morning, about nine or ten o'clock—I do not think it had snowed at all after it happened—I took the length and width of the heel, toe, and the spread, with a piece of stick, which I have here.

MR. PHILLIPS. Q. You knew where he was to be found, why not take him till Wednesday week? A. The female being confined to her bed from the ill-treatment she received.

ELIZA STEWART . I am cook to Mr. Godfrey. On the 2nd of February the prosecutrix came home—she was very frightened, and ill, and two nights afterwards she had a medical attendant,' and was laid up very ill.

(Witnesses for the Defence.)

JAMES ROWLAND . I am ostler at the Duke of York public-house, at Hanwell, which is very nearly a quarter of a mile from the iron gate, and the swing-gate of the churchyard—I remember Tuesday the 2nd of February—I did not hear of the attack on the prosecutrix that night—I heard of it the day after the prisoner was taken, not before—I saw the prisoner on that Tuesday evening, about half-past seven o'clock, coming out of the door-way—I was feeding a horse at the door of the Duke of York—he said, "You have got a cold job"—it was snowing very fast—I said it was rather a cold night for him to be out, as he said he had hurt himself at the Asylum, carrying stone—he said he should not have been out, had it not been to look after his father—he went into the Duke of York again—not with me—he passed me at the door, and went into the tap-room, and after the horse went away, I went into the tap-room and saw him there—that was I suppose about eight—I remained in the tap-room till I should think half-past ten—I was then called out to go to my supper—I am not called to supper at any particular time—I should not think it was earlier than half-past ten—the prisoner was there all the time I was—I know it was Tuesday night, because the ostler, whose work I was doing, came back on the Monday night, but the weather being so severe he could not stand the work—I had been engaged to take his place while he was away—I had done it for about ten weeks—I was not called on to go before the Magistrate—I cannot tell how that was—I was told of it the day after he was taken into custody—I do not know when he was committed.

MR. PHILLIPS. Q. It was on the Wednesday week you heard of his being taken up, was it not? A. I am sure I cannot say the day—I heard it the day after he was committed—I cannot say when he was taken up—his father came to me and said he was taken up—several persons were in the room with me at the Duke of York—there was James Oliver, James Rimel, William Bradford, and I could mention a dozen, I suppose—his father was there, and Bill Rose, as they call him—James Rimel is the prisoner's brother-in-law—the prisoner came in and sat down by me for an hour, I suppose—he was sitting there—he was drinking very little—he drank beer—his father drank with him—I do not know that I did—I cannot say whether there was any supper had—there was no supper served at the table he sat at—you talk so fast, or I should not have said at first I could not recollect whether there was any supper—he did not pay for any thing that I saw—his father treated him—Rimel was at the same table with him—the prisoner was sitting on the settle with his feet towards me, facing me—I was talking to him—there was no clock in the room—there was one in the bar—I could tell the time by the coach which comes there—I did not see him the night before—the Duke of York is about 300 yards from his house—I should say it was very imprudent for him to be out on such a night—I am quite positive he was not in his house and in bed all that night—if he has said that, it could not be true.

MR. HORRT. Q. Did he look ill? A. He did—he complained of illness when I said it was a severe night.

WILLIAM BRADFORD . I am waiter occasionally at the Duke of York public-house, at Hanwell. I was not waiter there on Tuesday, the 2nd of February—I saw the prisoner there that night in the tap-room—he was there when I went in, about seven o'clock or a little after—I stopped till about half-past ten or twenty minutes to eleven o'clock—I knew the time, as I always look at the clock as I go out—I am in the habit of putting the shutters up about that time—the prisoner was there then, and I went home with him about that time—I went to his door, and saw him go in with his father-in-law and brother-in-law—he appeared ill, and in the tap-room he shifted from one side to the other, that he might lay down—I know it was the 2nd of February, as it was the first day there was a job at the Asylum, and I went to do it—it was to move some concrete and stuff out of the gas-house—I heard of his being in custody the day he was taken, but did not hear of his being before the Magistrate till afterwards.

MR. PHILLIPS. Q. He seemed very faint and ill, did he? A. He seemed very bad—he laid with his legs up on the form—I did not see him have any supper at the house—I cannot say whether he took any beer, but he said he could not take much as he was so ill—I was once charged with assaulting a person—I do not remember how long ago it was—I do not take account of such things.

Q. Was that for waylaying a poor girl at midnight, who shrieked "Murder," and brought a policeman to her aid? A. Yes—it was false—I thought no more of it after I suffered for it—I was committed for fourteen days to the House of Correction—I forget when it happened—it is not a year ago—I cannot say whether it was six months or three months.

MR. HORRY. Q. This was for an assault, not a robbery? A. No, nothing but an assault.

JAMES RIMEL . I am a labourer, and live at Hanwell—I am the prisoner's brother-in-law. I was at the Duke of York public-house on Tuesday

evening, the 2nd of February, just before eight o'clock, and saw the prisoner there—I continued there till half-past ten or twenty minutes to eleven o'clock—I could see the clock as I came out in the passage—the prisoner and my father came out with me and Bradford—I went home with him—I live in the same house with him—he was very ill—he might have gone out for a minute or two while I was at the public-house, but not to leave the premises—he could not have gone to the churchyard—I heard he was taken on the same day, but did not know what for—I knew when he was going before the Magistrate, but did not go there—it is about three-quarters of a mile from where I live—I had no work that day—he could not recollect himself where he was at the time.

Cross-examined by MR. PHILLIPS. Q. Did you not inquire what he was taken for? A. No; we found out afterwards—we could not recollect ourselves at the time—he was at the public house at the time of the robbery, not confined to his own house.

Q. Now, have you ever represented that he was in his own house at eight o'clock that night? A. No; nor said he sat. by the fire till nine o'clock, and then went up to bed with his wife—he sat by the tap-room fire—his wife was not in the tap-room—I never said he sat by his own fire till nine o'clock, then went up with his wife and child to bed—the policeman came there, and said Burton had sent him for an old hat, on the Wednesday night—the prisoner's wife and my father were present—he asked me a question, and I said he was sitting at the fire certainly, but it was at the public-house—I did not tell him it was at the public-house, as I did not consider he had any business to ask any questions—I did not tell him he went to bed at nine o'clock, and his wife and child with him—I swear that positively—the prisoner was sitting at the public-house—he had a very little to drink—he was very ill, laying on the settle the greater part of the time, waiting for my father—I do not know whether he laid at fall length—I cannot say whether he went out the night before—he had to go to the doctor, which is near half a mile off—I suppose he walked—I cannot say whether he went that day.

MR. HORRY. Q. When might he go to the doctor? A. On Monday, but I cannot say whether he did—I positively swear I never said to the policeman what I have been asked—I said, "Barton has got no hat here"—he said, "He told me he had"—I said, "There is my hat on the table, you can take that if you think proper."

JAMES OLIVER . I am a general waiter at the Duke of York public-house. I saw the prisoner there on Tuesday night, the 2nd of February—I first saw him there about eight o'clock, or five or ten minutes after—I staid there till half-past ten o'clock—I looked at the clock when I went out, as I generally do—I left the prisoner there—Rowland, Rimel, and Haines, the other ostler, were there—the other ostler had been away ill—I know this was the 2nd of February, for I went to Brentford that day for a pair of driving gloves for Rowland, the ostler.

MR. PHILLIPS. Q. When did you hear of his being apprehended? A. The night he was taken—I first mentioneil this when his father-in-law asked if I was in the tap-room when he was there—I said, "Yes"—I do not know whether he had seen me there—I saw him—the prisoner was sitting down in the tap-room when I first went in—he laid up part of the time, not being well—I did not see him drink—I was taken up three or four months ago for robbing the Great Western Railway Company, and fined 15s.

CHARLES STEBBING re-examined. This deposition is signed by me—it was read to me before I signed it, and is correct.

MR. PHILLIPS. Q. Did you see Rimel? A. Yes—he told me the prisoner was at home on the night of the 2nd of February from eight o'clock—he said he was sitting in the house where he lives before eight o'clock, that he was on one side of the fire, and Burton on the other with his child, and about a quarter to nine o'clock, or it might be nine or a little after, the wife and him turned up to bed with the child on the prisoner's arms—he said this was on the night of the attack.

MR. HORRY. Q. Why did you go to the house? A. I went to let them know he was wanted; and they wanted to know what he was taken for—I asked if he had got a hat—there was a hat there—Rimel said, "There is mine, take it if you want one."

(The witness's deposition being read, stated that the prisoner had told him he had been "ordered to keep the house by the doctor" but omitted to state and his bed.")


1st March 1841
Reference Numbert18410301-801
VerdictNot Guilty > unknown

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801. CATHERINE MCDONOUGH was indicted for stealing, on the 4th of February, 1 dressing-gown, value 2s., the goods of Jane Wilhelmina Joan Catherine Anne Sinclair; 1 tippet, value 5l.; 1 pair of cuffs, value 1l.; 1 towel, value 2d.; the goods of Janet Sinclair Trail Sinclair, in the dwelling-house of Mary Wright.

MR. BALLANTINE conducted the Prosecution.

MARIA SINCLAIR . I resided at Miss Wright's, in Bedford-place, and left there on the 4th of February, to go to Leamington, leaving in my bed-room a box, a bird-cage, and a bundle, which my niece packed up—the prisoner was Mrs. Wright's servant—I did not at any time tell her or any other servant that what was left behind was for them—I gave the prisoner no authority to take any article from the bundle—the property all belonged to my niece.

Cross-examined by MR. HEATON. Q. I believe you had lodged there some time? A. Two months—I had given the prisoner a new gown, and the housemaid an old one—the prisoner had a cold before I left—I told her to keep herself warm, and gave her a shawl some time before I left, as she had a severe cold, to keep her warm—my niece and I left the house together—I am quite certain I said nothing about leaving the prisoner any thing behind.

JANET SINCLAIR TRAIL SINCLAIR . I left Miss Wright's house with my aunt—I packed up the bundle—it contained a dressing-gown, a chinchilla tippet, a pair of cuffs, and a towel—the dressing-gown was my sister's, Jane Wilhelmina Johan Catherine Anne, the tippet and cuffs were mine—I left them behind, to go to Mr. Lcarmont's, in Russell-square—I had not given the prisoner or any body authority to take any thing—here are the articles—this tippet and cuffs I think I paid 14l. for.

Cross-examined. Q. Did you ever say it was worth 45s.? A. Never—I saw Ellen the housemaid shortly before I left, and told her they were to be called for by Mr. Learmon's servant—I left some slippers in the room—I do not recollect seeing the prisoner that afternoon—we were not going to return to the house—I did not say I had left the slippers for the servants—I said nothing about them, except that I did not want them—I do not recollect saying they might take them—I said I had no use for the slippers—I left no order respecting them—I do not recollect saying they

might take them—I think there were several slippers—I did not say I had left a parcel of old slippers.

MR. BALLANTINE. Q. Do you think the servant could mistake that tippet for a parcel of old slippers? A. No.

ELEANOR EVANS . I was housemaid at No. 14, Bedford-place, when the Miss Sinclairs were there. 1 remember their leaving on the 4th of Febinary—I saw them in their bed-room between ten and eleven o'clock—I noticed that there was a bundle left in the room—neither Mrs. or Miss Sinclair gave me any instructions about its going to Mr. Learmont's—after they were gone I was going down stairs, and met the prisoner—I asked where she was going to—she said she was going up to Mrs. Sinclair's bed-room for a parcel which was left there by Mrs. Sinclair to be divided between her and me—I followed her into the bed-room, and she was taking up some old slippers which were lying there, she said they were left for her, and I might have part of them if I wished—I asked her where was the parcel she said Mrs. Sinclair had left to be divided between us—she rose up from the slippers, looked round the room, and the parcel was on the bed—she said, "This must be it, there is no other in the room;" and said to me, "Bring it down stairs "I did so, and put it on a slab at the bottom of the stairs—I then went to a ring at the door-bell—a few minutes afterwards I went down to the kitchen floor, and the bundle was not on the slab then—there is a bed-room on the kitchen floor, which the prisoner and I occupied—I went in, and found her there with this tippet in her hand, looking at it—the pair of cuffs, the dressing-gown, and towel were on the bed—I said, "Mrs. Sinclair could never have given you this tippet"—she said, "Yes, she did"—she said Mrs. Sinclair had promised her the tippet; as she had got a bad cold, she was to wear it—I took the dressing-gown in my hand, and said, as Mrs. Sinclair had left the parcel to be divided between us, I would have the dressing-gown—she then said Mrs. Sinclair had left the parcel all for her, and I should have none—we bad some words about it that night, and on Friday morning also—Miss Wright then heard us, and tent down to us—she took the whole of the things, and wrote to Miss Sinclair.

Cross-examined. Q. Did Miss Sinclair tell you that Mr. Learmont's servant would fetch the parcel? A. No, she gave me no instructions about it—I was in the bed-room when Miss Sinclair was, but Mrs. Sinclair was in the drawing-room—the parcel was wrapped up in the towel—I believe the box and bird-cage were in the little room—when I took up the dressing-gown, the prisoner said, "That does not belong to you"—I said, if Mrs. Sinclair had left it to be divided between us it was very unfair, and I did not see why I did not have my share—the prisoner took up, the things directly Miss Wright called to have them brought up, and she said then that she was to have the tippet and cuffs—I said the fairest way was to sell the things, and divide the money—she said she would not give them up—Mr. Learmont's servant came next day—I did not deliver to him the bird-cage and box.

MR. BALLANTINE. Q. Do you know what Mr. Lcarmont'ss servant came for? A. Yes, for a box and bird-cage—I did not expect him to come—I did not open the door to him to my knowledge.

MARY WRIGHT . I live at No. 14, Bedford-place. Mrs. Sinclair and her nieces had resided at my house for two months—on the 4th of February the prisoner was in my service as cook—the morning after Mrs. Sinclair

went, in consequence of hearing a dispute I rang the bell—the man-servant came up, and afterwards Ellen—I afterwards saw the prisoner—I asked her what all the noise was about—she said that Mrs. Sinclair had given her a gown of the value of 4s., and she had given Ellen two old gowns worth 2s.; and the things that were left were to be equally divided between them—I then ordered her to bring the things up immediately—I saw the tippet, and having a doubt about it, I said I should keep it in my possession till I wrote to Mrs. Sinclair, which I did that evening—Mrs. Sinclair did not write to me again, but I heard from her through Mr. White, a gentleman who resided in the house—it must have been on Monday—the prisoner was given into custody the same day the letter came—the policeman was sent for late in the evening—I received the message when Mr. White came home to dinner at five o'clock.

Cross-examined. Q. Her time to leave should have been Saturday evening? A. Yes—I had given her warning, and her time was up on Saturday evening, but she would not go till she had heard from Mrs. Sinclair—she said she did not believe I had written, and she asked my man-servant, and he told her he had put the letter into the post—that was on the Friday—she said on the Monday she would not take her wages without the tippet, that she would wait till Mrs. Sinclair's letter came—she remained in the house till I sent for a policeman—I told her I was going to send for one, but she would not leave—I sent for the policeman before I heard from Mrs. Sinclair, to compel her to leave the house, but she persisted she would not till she had heard from Mrs. Sinclair—she was not taken away till nine o'clock in the evening—she said it was quite absurd to talk about stealing it, she never intended to steal it.

ROBERT KEDGE . I am servant to Miss. Wright. In consequence of directions from Mrs. Sinclair, I delivered some articles to the servant of Mr. Learmont, which were left by Mrs. Sinclair.

CHARLES ORAM . I am a policeman. The prisoner was given into my custody on Monday evening, and she said Mrs. Sinclair had promised her the tippet, and said, as she had a bad cold, it would do to keep her warm during the winter.

MISS. SINCLAIR re-examined. The tippet is mine, and the dressing-gown my sister's.


1st March 1841
Reference Numbert18410301-802
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Imprisonment

Related Material

802. EDWARD HAGAN and JAMES BURNS were indicted for stealing, on the 10th of February, 3lbs. weight of pork, value 2s.; and 1 3/4 lb. weight of beef, value 1s.; the goods of Edward Claridge Laman; to which

BURNS pleaded GUILTY . Aged 23.— Confined One Month.

JOHN CARLILE . I am going on for sixteen years old—I was a chair-caner, and have been out of work for about a month. I know the shop of Mr. Laman, a pork-butcher—I do not know what street it is in—I have heard people say it is his shop—I was standing at the window, seeing them stick pigs, on a Wednesday, two or three weeks ago, about five o'clock in the evening—I saw Hagan in the shop—he took a bit of pork, which stood on a board at the window, and put it behind him—Burns was standing behind him, with a bag, and put it into the bag—Hagan then took up a piece of beef, and put it behind him to Burns, who put it into the bag—Burns went out first, and Hagan after him—I went in and told the mistress, and went after them with her—I saw them within five minutes' walk of the shop—

there broke the window of a sweet-meat shop, and he was taken—he tried to hit me several times, and I bobbed away from him—he was caught in Lamb's Conduit-street—I am sure he is the man—as he was going along he said he wished he had knocked my d—head off—the pork and beef were on a tray just by the window when they took it.

MARGARET LAMAN . I am the wife of Edward Claridge Laman, a pork-batcher. On Wednesday evening, the 10th of February, Carlile gave me information—I was in the shop serving two customers—I saw two men come in, and handle the meat which laid on the show-board, they went out for a few minutes—I then missed the 3lbs. of pork, and was looking for it, Carlile came in at the same instant, and I missed the beef—I went out directly, and followed them by Carlile's direction—I came up to two men in the next street—one had a bag in his band with the meat in it—I took him, and brought him back to the shop, and gave him to the policeman, but I do not know which that was—he was kept in custody—I sent him to the station by Winter, my servant—the policeman was there, and took him into the shop—I know the prisoners to be the men I saw it Hatton-garden—I had seen the beef and pork five or ten minutes before.

JOHN ARCHER . I am a policeman. Between five and six o'clock in the evening of the 10th of February I was fetched to Mr. Laman's shop, and found Burns standing there—Mrs. Laman gave him into custody—I took this bag from his hand with the pork and beef in it—Hagan was brought to the station by Jarvis.

NATHAN JARVIS . I heard a cry of "Stop thief" on the 10th of February, about half-past five o'clock in the evening, in Theobald's-road, near Lamb's Conduit-street, and saw Carlile running "after Hagan, calling "Stop thief"—I stopped him—Carlile was within two yards of him—he was near a quarter of a mile from Laman's shop—as I was taking him back he said he wished he had knocked the boy's d—d head off—I took him to the station, and found Burns there.

HAGAN— GUILTY . Aged 25.— Confined One Month.

1st March 1841
Reference Numbert18410301-803
VerdictGuilty > pleaded guilty

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803. WILLIAM ROBERT GREEN was indicted for embezzlement; to which he pleaded

GUILTY . Aged 18.— Confined Three Months.

1st March 1841
Reference Numbert18410301-804
VerdictGuilty > unknown

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804. JOHN SEARLE, alias George Potter , was indicted for stealing, on the 4th of January, the carcase of a sheep, value 27s., the goods of Edward Smith Hall.

EDWARD SMITH HALL . I am a butcher, and live at No. 14, Harper-street, New Kent-road. I bought four carcases of sheep on the 4th of January, of Scales, a carcase butcher, in Newgate-market—I sent them to my cart by Button, a porter—when I got to the cart one was missing—I have never seen it since—I know nothing of the prisoner.

JOHN SUTTON. I am a porter. I was entrusted with the charge of the four carcases of mutton on the 4th of January, about nine o'clock in the morning—I had to take them as far as the top of the Old Bailey, fifty or a hundred yards from the carcase butcher's—I took down two carcases first, and put them into the body of the cart—I left the cart and horse, and returned for the two others—I might be away five minutes—when I

got back the cart was gone—after looking about for about five minutes I found it down in Fleet-lane, about forty or fifty yards from where it had stood—one carcase was gone.

DANIEL SMITH . I keep a straw-bonnet shop in Fleet-lane. On the 4th of January last, between nine and ten o'clock in the morning, I saw the prisoner leading a horse and cart across the Old Bailey into Fleet. lane—I was close behind him—I saw him stop the horse, remove a cloth, and take the carcase of a sheep out of the cart—at the moment I did not suspect he had stolen it—he took it on his shoulder, and ran as hard as he could with it down the lane towards Farringdon-street—that drew my attention, seeing him run when I could scarcely walk, the pavement being so slippery—I did not see him again that day—shortly afterwards Sutton came—I gave him information where the man had gone, and a description of the man, saying I knew him by sight well—I have known him many years by sight—I have seen him hanging about Newgate-market.

Prisoner. Q. Why not give me in charge at the time? he saw me several days after this happened. A. I did see him after the 4th of January, in St. Paul's Churchyard—one day when I was sent by my master to clean windows at Rivington's—it might be six weeks after—it is not above a fortnight ago—he passed by the window whilst I was cleaning them—I was doing my master's business at the time, and there was no policeman in sight.

Prisoner. He said before the Alderman he had seen me several times before—Witness. I had not—that was the only time I have seen him—I gave a description of him the same day, and said he was about St. Paul's Churchyard.

Prisoner's Defence. I am innocent of the charge—I was never in trouble before.

GUILTY . Aged 40— Confined Twelve Months.

NEW COURT—Tuesday, March 2nd, 1841.

Sixth Jury, before Mr. Recorder.

1st March 1841
Reference Numbert18410301-805
VerdictsGuilty > pleaded guilty
SentencesImprisonment; Imprisonment

Related Material

805. JOHN THOMAS was indicted for feloniously forging, on the 4th of February, a request for the delivery of 12 pairs of hose, and 6 lamb's-wool shirts, with intent to defraud John Morley and others—2nd COUNT, for uttering the same. Also, on the 14th of December, for forging a request for the delivery of 3 pairs of hose, with intent to defraud George Ray—2nd COUNT, for uttering the same; to both which he pleaded

GUILTY . Aged 48.

Confined Two Years on the first indictment, and One Year on the second.

1st March 1841
Reference Numbert18410301-806
VerdictGuilty > pleaded guilty

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806. JAMES HOWARD was indicted for stealing, on the 5th of February, 2 blankets, value 1l. 18s., the goods of John Bassett; to which he pleaded

GUILTY . Aged 20— Confined Eighteen Months.

1st March 1841
Reference Numbert18410301-807
VerdictGuilty > pleaded guilty

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807. WILLIAM WARE was indicted for stealing, on the 19th of February, 1 jacket, value 12l., the goods of Charles Robinson; and 1 pair of trowsers, value 8s., the goods of William McRitchie; to which he pleaded

GUILTY . Aged 20— Confined Six Months.

1st March 1841
Reference Numbert18410301-808
VerdictGuilty > unknown

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808. THOMAS SMITH was indicted for stealing, on the 22nd of February, 1 watch, value 3l.; 1 watch-chain, value 6d.; 1 seal, value 2s.; and 2 dwts. of silver, value 4d.; the goods of John Turner Curry, in a vessel in a port of entry and discharge.

JOHN TURNER CURRY . I am mate of the Cygnet, she was lying in the Rcgent's-canal Dock, which communicates with the river, and is a port of entry and discharge. On the morning of the 22nd of February, while I was in bed, I heard a watch-chain rattle against the nail at the head of my bed, and felt an arm in my bed—I put my hand down, and the person ran away—I jumped up, and followed, got on deck, and saw him jump from the ship's rail on to a barge—he got on some timber, and I lost sight of him—on my return I found a pair of shoes just by the companion door—I have since seen the watch in the hands of the constable—it was the one I lost—the case was brought me by another lad.

JAMES GREEN WARD . I am constable of the Regent's-canal Dock, which is employed for the reception of vessels from the river—they discharge their cargoes. On the morning of the 22nd I heard an alarm of "Stop thief—I went to the spot—I had to cross a bridge, and go in at another gate—I got in, and heard them say, "He is coming over the barges"—I came up with the prisoner just as he got through the gate—he had no shoes on, and was running as fast as he could—I brought him into the dock, searched him, and found this watch making its way down the leg of his trowsers—I heard them say from the ship, that he had got a watch—I inquired where his shoes were—he made no answer—I took the watch on board the Cygnet—I found a pair of shoes there—I brought them down to the cell, and the prisoner put them on—the watch had no case.

JOHN SKINNER . I belong to the Cygnet. I heard the alarm, got a light, and as I came up the ladder, I kicked this watch-case with my foot—I took it up and gave it to the mate.

(Property produced and sworn to.)

GUILTY .** Aged 19.— Transported for Ten Years.

1st March 1841
Reference Numbert18410301-809
VerdictGuilty > with recommendation

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809. GEORGE PETERS was indicted for stealing, on the 3rd of February, 14 yards of paper-hanging, value 2s.; 3 shells, value 1s. 6d.; 1 pair of gloves, value 1s. 2d.; 1 yard of cord, value 1d.; and 1 window-curtain, value 1d.; the goods of Adolphus Howell.

SPEED (police-constable D 181.) On the 3rd of February I was in the Flora-gardens belonging to Mr. Gee's, at Bayswater. I heard a noise as if some one was breaking a lock about ten minutes to eight o'clock; I went out round to the meadow at the back—I stopped there till a quarter past eight, and heard some one in a garden—I got over into Mr. Vann's garden, and found this roll of paper hanging on the seat of an arbour where I had been before, and it was not there—I secreted myself, and in a few minutes I saw the prisoner put his head out of a green-house—I ran and collared him—he said it was all right—I secured him, and he begged me to let him go—he then begged me not to take him to Mr. Gee's, as he knew him—I took him to the watch-house, and found this cord and a knife on him—I went to the place with his shoes, which I took off, and found the marks in the snow, and then I found a door had been broken open—I went to Mrs. Vann's garden, and found some shells and a pair of gloves.

ADOLPHUS HOWELL . I live in Ogle-street, Marylebone. I rent a garden of Mr. Gee's, of the Flora-gardens, and have a summer-house. On the 4th of February I went to my summer-house, and found the door broken open, and this roll of paper, three shells, a pair of thick leather gloves, and a piece of rope gone—this cord found on the prisoner is mine.

Prisoner's Defence. I never saw these things till they were brought to the office—I was in distress.

GUILTY. Aged 21—Recommended to mercy by the Jury. Confined Three Months.

1st March 1841
Reference Numbert18410301-810
VerdictGuilty > with recommendation

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810. JOHN JAYS was indicted for stealing, on the 8th of February, 6 weights, value 5s. 6d.; and 4lbs. weight of brass, value 2s.; the goods of Joseph Frost and another, his masters.

JOSEPH FROST . I am in partnership with my brother—we are brass-founders in St. John-square—the prisoner was in my service. On the 8th of February last, I saw him quit my premises—in consequence of information, I followed him with Pearce—I came up with him in Wilderness-row, and told him I wanted him at home—he came back, and I told him to give me the metal he had got, and he immediately produced these weights and brass cocks—he said it was his first offence, and he hoped to be forgiven—when we got to the station, the policeman produced another weight—I asked the prisoner where he lodged—he said, in Castle-street, at the back of Shoreditch church—I went to the number he described, and found this key, which is from our pattern—I could not swear to it, but they are such as we have.

Cross-examined by MR. BALLANTINE. Q. Are you able to swear to any of them? A. No—when I asked him for them he produced them, and said they were ours—he had been five or six years in our service.

JURY. Q. They are old metal, not weights? A. Yes, they are all old metal, with the exception of this key.

THOMAS PEARCE . I am servant to Mr. Frost. On the evening of the 8th of February I put my hand under some straw, and felt what I considered to be a four-pound weight—I left it there, and watched till a few minutes past eight o'clock—the prisoner was the first person I saw go near the spot—as soon as he left the premises, I felt, and the weight was gone—I told my master—the prisoner came back, and my master desired him to give up the property—he produced part of a large brass cock, and several weights—among them was one four-pound weight—he begged to be forgiven, he had done it on account of his embarrassed circumstances.

JOHN EWINO (police-constable E 21.) I took the prisoner, and found in his pocket one piece of metal, and one piece at Castle-street, where the prisoner lived.

(The prisoner received a good character.)

GUILTY. Aged 23—Recommended to mercy — Confined One Month.

1st March 1841
Reference Numbert18410301-811
VerdictGuilty > with recommendation

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811. GEORGE GARDINER was indicted for stealing, on the 15th of February, 1 handkerchief, value 1s., the goods of William Fenn, from his person.

JOBN DIXON (City police-constable, No. 601.) On the 15th of February I saw the prisoner in Holborn, in company with another person—he was following the prosecutor, and I thought he was about to pick the gentleman's pocket—I kept my eye on him—I saw him put his hand into his pocket, and draw the handkerchief—I took hold of him, and said, "What

have you got?"—he said, "Nothing"—the other got away—I took him to the station—he dropped this handkerchief at my feet when I took him.

Cross-examined by MR. PAYNE. Q. How far were you from him when he took it? A. About two yards—it was about a quarter past seven o'clock—there were no persons about the spot—it was near Hatton-garden—I had hold of him by the collar at the time he dropped the handkerchief—the other person was a great deal older than him.

WILLIAM FENN . I live in Marchmont-street. This is my handkerchief—I had it in my pocket on the 15th of February—the policeman drew my attention to the loss of it.

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

1st March 1841
Reference Numbert18410301-812
VerdictGuilty > unknown

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812. JOSHUA PAGE was indicted for stealing, on the 31st of December, 130lbs. weight of tea, value 34l.; 30lbs. weight of snuff, value 7l.; 2 tea-chests, value 5s.; and 1 cask, value 2s.; the goods of Edward Drury Rayment, his master.

MR. CLARKSON conducted the Prosecution,

JOHN MAJOR . I am in the employ of Mr. Hinching, a tea-dealer, in St. Martin's-lane, Cannon-street. On the 31st of December the prisoner came to our house with his master's wagon—I delivered him nine chests of tea, and one box containing half a chest, and two bags of coffee—he came into the counting-house to sign this book, and put a cross to it—the articles were read over to him, and he saw them put into his wagon—they were for Edward Drury Rayment, at Hertford.

Cross-examined by MR. RYLAND. Q. How long had you known him? A. He was a stranger to me—he brought a written order from Mr. Rayment—the goods had not been paid for then—he told me his name was Joseph Page.

JOHN DAWTON . I am ostler at the Basing house. On the 31st of last December I delivered a cask to the prisoner for Mr. Rayment—there was a mark on it—I do not know what it was—it was sent there as snuff, and booked for Mr. Rayment, of Hertford—I knew the prisoner as his wagoner—I delivered it to the prisoner, and cautioned him to put it into the fore-part of his wagon—he put it into the hind-part—it weighed about 30lbs.

Cross-examined. Q. You told him to put it into the fore-part? A. Yes, and he put it into the hind—he said he was quite full on the fore-part.

THOMAS AKERS . I worked for Mr. Rayment, at Hertford. On the 31st of December I was in London with the prisoner and the wagon—the prisoner was the wagoner—I was mate—we left the Basing-house, in Shore-ditch, between four and five o'clock in the afternoon—we had some chests of tea and some snuff in it—some of the tea was on the fore-part, and some behind—the prisoner loaded the wagon—we took the tea before we came to the Basing-house, and took the snuff at the Basing-house—when the prisoner was taking the cask down to the wagon, a person asked him what he had got under his arm, and he said, "Snuff, and I am d—d if I don't hug it to-night"—I remember seeing a boy that asked to have a ride—the prisoner gave him leave—he told me he might ride if he was going to Hertford to see his brother—there were two wagons of Mr. Rayment's at the Basing-house—the prisoner's went first—I drove the first part of the journey—the prisoner and the boy got into the wagon—I drove five

miles, then got in, laid down, and went to sleep—the boy was lying there—he got away from me in the wagon, and got behind—a little after he came back—I went on to the baiting-house at Enfield—the prisoner said, "Here is some one been robbing the wagon; they have been cutting the rope, and taking some tea"—when we got to the baiting-house at Enfield, we found the other wagon had got first—I cannot tell how it got there—Hubberston drove it, and when we got to the baiting-house he was eating his supper—I went to do the horses—we went on to the second baiting-house, and the prisoner told me just before we got there not to tell of the boy's riding, or else we should be in the wrong of it—he walked all the way to Hertford—he said, "If you split we shall be transported all of us"—he said nothing else, but got up into the wagon, and rode on to Wormley—my master had a dog that used to go with the wagon—he was a middling sharp one—he used to run by the side of the wagon, and we tied him underneath—he does not bite—he makes a noise when any person comes near the wagon—the prisoner put him inside that night, because he had been kicked a little while before—I know the Basing-house-yard—there was a truck there—it was the landlord's—it always stood there when we were there—it was a little hand-truck—the prisoner gave me 1s., to buy victuals for our dinners—he always did so—when I got to Hertford I called my master up, and told him the wagon had been robbed—we got to Hertford on Sunday morning—Mr. Rayraent sent us after a policeman—he went up, and looked at the rope, and saw where it had been cut—the prisoner was taken on Monday morning—I was taken also.

Cross-examined. Q. How far from London is your first baiting-house? A. About eight or nine miles—the last four or five miles I had been in the wagon asleep—Mr. Bush is landlord of the first baiting-house—the prisoner saw a policeman, and told him of it—the dog could not walk—the horse had trod on his foot, and he was put in to ride.

MR. CLARKSON. Q. When was this dog hurt? A. That night, after we left the Basing-house—the prisoner told Mr. Bush of the robbery after he got to the baiting-house—he went off to the station for a policeman, and left me to take care of his horses—I do not know whether he knew where the policeman lived—Mr. Rayment sent for me again, and I went for two days—we had a dog killed that night—it was quite a puppy—it was not ours—it was Hubberston's—our dog barked when strangers came near the wagon—if we took any one up it would bark at first.

THOMAS LEAPER . I have relations, who are sweeps, living at Hertford. I did not know the prisoner before I rode down in the wagon—I went to the Basing-house to Lott, another wagoner, but he was not there—I found the prisoner, and asked him to give me a lift to Hertford—he said he would—I went down the Basing-house-yard—I saw a truck there—it had boarded sides and a handle to draw it by—I saw no man with it—I saw two men in the Basing-house-yard, who I thought it belonged to—one of them had a hat with a green ribbon round it, and a white smock-frock on, and the other had a small flannel cap on, and a dark coat down to his knees—I did not know the men—I had seen them about six weeks before in Union-street, Kingsland-road—I live in Cotton's-gardens, about five minutes' walk from Union-street—I knew the men's persons when I saw them—I saw both of them talking with the prisoner between the horses in the stable—the prisoner gave the boy 1s. to get something to eat, and told me to go home and get 4d. to pay for a pot of beer, which I did—I left them in

the stable—we left the Basing-house about five o'clock—the two men followed us as far as off the stones, and then they ran back—they had no truck with them, and the horses went on quite fast—I walked till I got to the one mile-stone—the prisoner then made me a place to lie down, and laid down himself—he said, "When you are going to sleep tell me"—I went to sleep, and the prisoner too—the prisoner then awoke me by treading on me—I cannot tell how long I had been asleep—I saw the prisoner lift out a chest of tea standing, and then he lifted out the other kneeling—he then took the straw from where the snuff laid, and took that out—I did not see whether any thing was behind the wagon—the horses stood still at first, and then the prisoner hallooed to them, and they went on—the prisoner was on the top of the wagon when they stopped—I knew his voice, and could see his cap—the boy was in the wagon—there was no one with the horses—I could see from the first horse to the last—there was a tarpaulin on the wagon—the prisoner lifted it up before he took the tea out—after he took it out, he made it right again—I saw a man standing on the side, receiving the things—he had a cap on, and a white smock-frock—he was one of the men I had seen in the yard at the Basing-house—there was something like a truck or cart by the side, but I could not see distinctly—I heard no conversation pass—after that the wagon went on on its road, till it came to the Black Hone public-house, the first baiting-house, at Enfield—when we got there, the prisoner called me and Akers out of the wagon, and told us of the robbery—I did not tell the prisoner it that time of what I bad seen—I do not know why I did not—he told me when we came out not to say any thing about my riding, or else we should be all transported together—he did not seem the least surprised, but Akers did—he had been fast asleep—the prisoner told me to go on to the Red Lion, and he would call for me—I walked to the second baiting-house—when I came out of the Red Lion, I saw a policeman talking to the prisoner—I thought I heard something like the wagon come by—I went out, and it was the prisoner—I asked him if he was going to take me on any further—he said not till he got out of the way of the policeman, and he told us again not to say any thing about my riding, if I did, we should all be transported together.

Cross-examined. Q. How old are you? A. Fourteen—I have an uncle and a brother living at Hertford—my mother is outside—my father has been dead six years—I worked at a stove-maker's last—I have been to sea two years, and have been home about twelve months—I was at work just before I went down to my brother's—I was going to see my brother—it was a tilted wagon, with hoops, and a tarpaulin over it—there was no light inside—I hallooed out to the prisoner when he trod on me, and told him not to tread on me so hard—I think I hallooed out loud enough for him to hear—I did not say any thing to the policeman about what I had seen—I told my mother first, and I was sent for to Hertford on the following Tuesday—I told them, on the Wednesday, the same story as I have to-day—I did not tell the prisoner about my seeing him steal the things himself—I told my mother Mr. Rayment's wagon had been robbed, and that I saw the prisoner take the things—I Was in custody myself for a week.

SARAH LEAPER . I am the mother of Thomas Leaper. He came home to me after he had been down to his brother's at Hertford—he told me of the robbery of the wagon.

Cross-examined. Q. Did he live with you? A. Yes—about twelve months ago he came from sea—he has had but little work.

THOMAS YOUNG . I am an En field carrier. On the 31st of last December I was on my road from London to Edmonton—I know Mr. Rayment's wagon, and the Ship public-house at Tottenham—between the Ship and the station I saw two of Mr. Rayment's wagons—I saw a truck and three men at the tail of the first wagon—one man had got hold of the truck and the wagon, to pull himself along—the men were talking together—I am not able to say whether the prisoner was one of the men—my daughter was with me—one of the men had a light-coloured coat on, and the other a dark one down to his knees—I did not notice whether they had caps or hats on—it was about five miles from the Basing-house—Mr. Rayment's other wagon was close behind—I saw nothing taken from the wagon.

LOUISA YOUNG . I am the daughter of Thomas Young. I was sitting with my father in front of his errand-cart—I saw Mr. Rayment's first wagon—I saw a truck and three men behind it—I did not notice the prisoner—I cannot say whether he was one of the three—one of the men had a dark coat over his knees, the other a light dress—they were talking together—it was a light open truck, boarded at the sides—I did not notice whether the men had hats or caps on—I do not know how far this was from the Basing-house.

WILLIAM HENRY ORAM . I am clerk to Nicholson and Longraore, solicitors, at Hertford. The prosecutor's name is Edward Drury Rayment.

GUILTY .* Aged 28.— Transported for Fourteen Years.

OLD COURT.—Wednesday, March 3rd, 1841.

Third Jury, before Mr. Sergeant Arabin.

1st March 1841
Reference Numbert18410301-813
VerdictGuilty > unknown; Guilty > unknown

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813. JOHN PURDY and WILLIAM PEARCE were indicted for stealing, on the 8th of February, 2 half-crowns, 1 sixpence, and 5 pence, the monies of David Jones, from his person.

DAVID JONES . I am a labourer, and work for Mr. Ramsay. On the 8th of February I received four half-crowns from my master—I paid some away, and had two half-crowns, sixpence, and some halfpence left—the prisoners were in the Angel public-house, where I went to have a pint of beer—I merely knew them by sight—they sat by me—I went to sleep—I am sure my money was in my side-pocket—I was asleep about a quarter of an hour—when I awoke the prisoners were gone—I found my pocket cut, and the money taken away—next night I saw Purdy at the Britannia public-house, and said, "You are the person I have been looking for; you took some money out of my pocket"—he said, "I am not the only one who was in it, there are others"—he owned to taking one half-crown and 5d.—I gave him in charge—I saw Pearce the same night at the Angel—I charged him with it—he said nothing—I have not got back any of my money.

ELIZABETH SMITH . I was at the Angel, and saw Jones fall asleep—I saw the prisoners sit alongside of him—Purdy was close to him, and Pearce sat on another table opposite him—I went away, leaving them there, and some time after I saw them come out together.

Purdy. Q. When Jones came into the public-house, was not his pocket cut? A. Yes, it seemed so—I said, any body might rob him in the way his pocket hung.

ROBERT BYLES . I am a policeman. Jones gave Purdy into my custody—he asked what I took him for? I said, "For robbing Jones of his money," and asked what he took from him—he said it was no use denying I it, be took one half-crown, sixpence, and some copper—he afterwards said, be did not see why he should suffer alone, for Pearce was in his company, and took part of it—I took Pearce, and he said he supposed he must share his fate with the rest.

PURDY*— GUILTY . Aged 21.

PEARCE*— GUILTY . Aged 21.

Transported for Ten Years.

1st March 1841
Reference Numbert18410301-814
VerdictGuilty > unknown

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814. JOHN EDINGTON was indicted for stealing, on the 10th of February, 7 pairs of socks, value 5s. 6d., the goods of Mary Holder Thomas.

MARY HOLDER THOMAS . I keep a hosier's shop in Theobald's. On the 10th of February, I saw the prisoner pass the shop, looking into the window—I saw him lift this bundle of socks from a nail just within the door, and run off with them—I pursued and saw him drop them—he was secured without my losing sight of him.

THOMAS MOSS . I heard the cry of "Stop thief," and saw the prisoner running—I stopped him, and the prosecutrix took up the stockings.

Prisoner's Defence. I was going through Red Lion-passage, and heard a cry of "Stop thief"—I was running, seeing a man running before me—I saw that man take the stockings.

GUILTY . Aged 19.— Confined Three Months.

Fourth Jury, before Mr. Recorder.

1st March 1841
Reference Numbert18410301-815
VerdictGuilty > unknown

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815. JOHN ABRAHAMS was indicted for feloniously uttering, on the 6th of February, a request for the delivery of a quill of silver-gilt thread, with intent to defraud Thomas Stokes. 2nd COUNT. stating it to be with intent to defraud Thomas Goodacre.

THOMAS GOODACRE . I am a gold and silver thread spinner, and live in Cherry tree-court, Aldersgate-street. On the 6th of February, the prisoner came to my house and gave me this note, and told me he brought it from Mr. Stokes, his master—(read)—"February 6th, 1841. Please let bearer have a quill of gold, for Mr. T. Starkie.")—in the trade, a quill means the bobbin on which we wind the thread, but it is, in fact, silver-gilt for making gold lace—it means a quill of silver-gilt thread—if a person produced an order for a quill of gold, we understand that it means silver-gilt thread—the prisoner had been to me before, and I had delivered him goods on previous occasions for Mr. Starkie—I understood he was his apprentice—I delivered 7oz. ldwt. to him, worth about 2l. 16s.

Prisoner. Q. Can he swear to my being the person who went to his house? Witness. I am quite satisfied he is the person.

THOMAS STOKES . The prisoner was in my employ as apprentice—I did not write this order, nor direct it to be written—it is the prisoner's hand-writing, I know—I am in Starkie's employ, and have been so nearly a year and a half—he is a gold and silver lace manufacturer.

WILLIAM STEVENS . I am foreman to Mr. Starkie, a goldlaceman of No. 5, Old Bond-street—I did not write this order or authorize it to be written—I knew nothing of it till Goodacre returned his work, and I found this charged to Mr. Starkie, who had never ordered it—Mr. Starkie

never wrote orders himself—the prisoner had been forbidden our house for the last year.

Prisoner. Q. Did you not give me an order to go for the stuff? A. No, certainly not—about a year and a half ago, I sent him to Mr. Goodacre, but since that time I have never seen him—he never brought the articles to us—he should take it to Mr. Stokes, if he had been sent for it.

WILLIAM MILLERMAN (police-constable B 95.) I took the prisoner—he denied knowing any thing of the transaction.

Prisoner's Defence. I know nothing at all about it—I was at my mother's at the time.

GUILTY .* Aged 17.— Confined Two Years.

1st March 1841
Reference Numbert18410301-816
VerdictGuilty > unknown

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816. WILLIAM HEDGES was indicted for stealing, on the 18th of February, 2 tubs, value 12s.; 1 knob, value 1s.; 1 knife, value 1 1/2 d.; and 1 fork, value 1 1/2 d.; the goods of Francis Richbell.

THOMAS GEORGE . I live in Charlton-street, Fitzroy-square. I know Mr. Francis Richbell, a broker, at No. 4, Lower Charlton-street. On the evening of the 8th of February, about half-past 7 o'clock, I was in my shop sawing wood, and saw the prisoner go by the prosecutor's shop, backwards and forwards, and handle a child's cot which stood there—I watched him for half an hour—I went into the private door of my house with a pair of steps, I then saw the prisoner take two tubs up from Mr. Richbell's door, and go away—I followed him into Marylebone-street, and found him sitting on the tubs, and, seeing me, he ran away, leaving them behind him, and his bat in the tubs—I followed him, crying "Stop thief"—he was stopped in Noble-street, by Crosby, without my losing sight of him—he was taken to Richbell's shop—he then said, "Give me my hat"—I gave it to him—there was an old knife and fork, and an old iron in the tub—he had carried them about 200 yards.

Prisoner. It was impossible to see a man put the tubs down—I ran after the man—he let the man go that took them, and stopped me. Witness. There was a candle burning within two yards of the tub, and a gas-light on each side the house—there were two shutters up, but they did not prevent my seeing the tubs—they were on a grating by the door.

JAMES CROSBY . I live in Upper Charlton-street, and am a French polisher. I was in Noble-street on the 8th of February, and heard a cry of "Stop thief,"—I saw the prisoner run past me, and turn down Marylebone-street without his hat—I ran after him, and stopped him—he asked what I stopped him for, and began crying—I said I heard a cry of "Stop thief," and wished him to come back to see what was the matter—he said he had not been thieving any thing—I took him into the shop—he asked for his hat, and George charged him with stealing the two tubs—he denied taking them—I gave him in charge—I at first saw him running from Marylebone-street into Noble-street—as I brought him back, I met George with the tubs, and the hat in them—Mr. Richbell is not here.

THOMAS GEORGE re-examined. have seen Mr. Richbell put these tubs out at his door of a morning.

JAMES ANDERSON . I am policeman. I took the prisoner into custody, he denied taking the tubs.

Prisoners Defence. I am innocent of the charge—my hat was in the middle of the road, and not in the tub.

THOMAS GEORGE re-examined. I have not the least doubt of him—I never lost sight of him—his hat was in the tub.

GUILTY . Aged 20.— Confined One Month.

1st March 1841
Reference Numbert18410301-817
VerdictGuilty > pleaded guilty

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817. HENRY DANIELS was indicted for stealing, on the 16th of February, 39 3/4 yards of kerseymere, value 12l. 8s., the property of Horatio Nelson Love, and another; to which he pleaded

GUILTY . Aged 27.— Transported for Seven Years.

1st March 1841
Reference Numbert18410301-818
VerdictGuilty > pleaded guilty

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818. ELIZABETH JONES was indicted for stealing, on the 11th of February, 1 shawl, value 5s., the property of John Matthews, and another; to which she pleaded

GUILTY . Aged 36.— Confined Three Months.

1st March 1841
Reference Numbert18410301-819
VerdictGuilty > pleaded guilty

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819. JANE SLACK was indicted for stealing, on the 17th of February, 2 3/4 lbs. weight of bacon, value 1s. 7d., the goods of Ralph Ormston; to which he pleaded

GUILTY . Aged 29.— Confined One Month.

1st March 1841
Reference Numbert18410301-820
VerdictGuilty > pleaded guilty

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820. EDWARD CHAPMAN was indicted for stealing, on the 16th of February, 1 lynx skin, value 15s., the goods of Vincent Mazza; to which he pleaded

GUILTY . Aged 24.— Confined Six Months.

1st March 1841
Reference Numbert18410301-821
VerdictNot Guilty > unknown

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821. HARRIET DAVIS was indicted for stealing, on the 25th of February, 1 bag, value 6d.; 5 sovereigns; 1 half-sovereign; 8 shillings; and 1 sixpence, the property of Samuel Andrews, from his person.

SAMUEL ANDREWS . I live at Lambeth-hill, Doctors Commons, and am a commercial traveller. On the night of the 25th of February, about half-past eleven o'clock, I was at the corner of Cheapside—I went down on the left of St. Paul's Church-yard, running—as I got under the piazzas of St. Paul's School the prisoner rushed out, and caught hold of me round the waist—as I was running fast she turned me round two or three times before I could rescue myself from her—I put my hand to the side of my pocket, and found my bag and money gone—I accused her of the robbery, she denied it—after speaking to her two or three minutes the policeman came up—I said, "Give me the money, and I will let you go"—I turned round, and saw my bag turned inside out, about two feet from her—when the policeman came up, I would not give her in charge, thinking I might find my money on her—I searched her for very nearly a quarter of an hour, but could not find where she had put the money—I had seen my money safe in the bag within ten minutes before she laid hold of me.

Cross-examined by MR. PAYNE. Q. Where were you running? A. Running home—I searched the prisoner immediately I missed the money—I was perfectly sober—she spun me round—she never left me at all—I found 1s. 4d. on her—I searched all parts of her—the policeman did not search her himself—when I could not find any thing I gave her in charge—the policeman was standing by—I tried her all manner of ways—I promised her 5s. if she would give it up—I gave her every opportunity to give it up.

COURT. Q. Was this your own money? A. No, it was my employer's money, I had to pay it next morning—I am sure I had the money within ten minutes before, as I put my hand into my pocket, to pay for a pint of porter, about twenty yards from where I work—the foreman was with me.

FREDERICK RENVOIZE . I am a cardmaker, at No. 1, Lovell's-court. I

was with the prosecutor—I left him in St. Paul's Church-yard—he went towards the piazzas of St. Paul's School—I had seen him, about three minutes before I left him, with the money and bag in his possession—he pulled it out to pay for his porter—I know there was gold and silver in his bag—he screwed it up, and put it into his pocket—he put the half-pence into his coat pocket, and the bag into his right-hand trowsers pocket.

Cross-examined. Q. Did he take out gold and silver? A. No—but by laying the bag down, I saw the gold—he did not take out the gold.

WILLIAM MARTIN . I am a policeman. I have the bag—the prosecutor picked it up—I was by at the time—I came up while he was charging the prisoner with taking the money—he had her cloak off, and was searching her about her breast, and when I was going to take her into custody, he said he wished to search her a little more, and offered her 5s. to give it up—I let him do so, but should have taken her in charge for all that—she denied having the money—she said he had been in company with some other girls—the bag was picked up about four or five feet from where they were—I searched on the ground with my lamp before I took her to the station, and after I came back again, where the bag lay, and could not find any money—she was searched at the station, and nothing was found on her.


1st March 1841
Reference Numbert18410301-822
VerdictGuilty > unknown; Guilty > unknown

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822. EDWARD JONES and EDWARD CRATE were indicted for stealing, on the 15th of February, 60lbs. weight of lead, value 7s.; 1 metal cock, value 2s.; and 1 grate, value 6d.; the goods of Richard Howard; they being fixed to a certain building.

THOMAS WARRINGTON . I live in Palmer's-gardens, Holloway. On the 15th of February, about nine o'clock in the morning, I saw the prisoners, in the field adjoining the Manor-farm, about half a mile from Cornwall-place—I stopped them—they had two baskets, with lead in them—Jones said they had bought it—I called Partridge to my assistance—Jones then ran away, and Partridge after him—he was stopped—I held Crate, and gave him to a man who let him go—when I came back I found the baskets on the ground, with the lead in them—a policeman took charge of the prisoners.

Jones. I was going across the fields, and found the lead—the man stopped us, and I said we found it Witness. They told me they bought it.

JESSE PARTRIDGE . I live in Cornwall-place. I went to Warrington's assistance—Crate was standing by the side of the baskets—Jones ran away, 1 ran after him—in crossing the fields I lost my shoes, but still followed, and brought him back—when I got back Crate was gone—when I took Jones he said he had found the lead, and begged and prayed of me to let him go.

EDWIN FULLAGER . I am a builder, and live in Claremont-cottages, Cornwall-place. On the 13th of February I had some men at work in the next cottage to mine—I am engaged to repair these premises for Richard Howard—the leaden sink and pipe was perfect on the 13th, when they were locked up—on the 15th I went into the washhouse, and found the door broken open, and the lead which lined the sink, and the pipe which supplied the water, gone—I have compared the lead and pipe found in the prisoners' possession with the place, and am positive it is the same as was on the sink, and the brass tap also—the lead had been wrenched from the sink—the bolt was forced off the washhouse-door, and an inner door broken from the hinges.

LAWRENCE LEONARD (police-constable S. 25.) I took Jones, and received possession of some lead, some brass, and two baskets—Jones told me be had found it in a ditch adjoining Maiden-lane, which is close to where he was stopped, and about half a mile from Mr. Howard's premises—I compared some of the lead with the sink, and it corresponded exactly with a cut in the sink—two knives were found on the prisoners.

THOMAS PEACOCK (police-constable N 213.) I apprehended Crate in a shed, in the Caledonian brickfield—I told him I wanted him about the lead taken the previous day—he said he knew nothing about it, but afterwards said he was with Jones when they were stopped with the lead, and that they found it in a lane adjoining Camden-road—that is about a quarter of a mile from Maiden-lane.

Jones's Defence. I was crossing the fields to Highgate, and found the lead in the basket.

Crate's Defence. We found it in a ditch.

JONES*— GUILTY . Aged 18.

CRATE*— GUILTY . Aged 18.

Transported for Seven Years.

1st March 1841
Reference Numbert18410301-823
VerdictNot Guilty > unknown

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823. ELIZABETH DIPNELL was indicted for stealing, on the 8th of February, 4 frocks, value 1l. 10s.; 7 pinafore, value 14s.; 3 petti-coats, value 9s. 6d.; 4 flannel petticoats, value 15s.; 3 shirts, value 6s. 6d.; 1 pair of stays, value 2s.; 6 bed-gowns, value 1l. 10s. 6d.; 2 sheets, value 10s.: 3 frocks, value 4l. 18s. 6d. 1 blanket, value 4s. 6d.; 1 sheet, value 1s. 6d.; and 4 caps, value 14s. the goods of Moses Solomon Assur Keyser.

JOHN HOLCOMBE . I keep a laundry, at Oldford, near Bow. On Monday night, the 8th of February, I lost a bundle of things from a cart, in Great Prescott-street, where I had stopped to inquire about some harness which I wished to purchase—I went to different pawnbrokers, and among others, to Sowerby's, in Cable-street, Whitechapel—I went to No. 10, Lambeth-street, on the Friday, and there found the prisoner and another person, named Williams, in the same room—the officer took them both—we took the prisoner to Sowerby's, and on leaving there, a woman called to me—when I got back to the shop I saw a piece of flannel and a towel in the hands of a boy belonging to the shop—I held it up in prisoner's presence, and said I could swear that flannel was in the bundle I had lost—the prisoner said she never had it, and they would swear her life away—the shop-boy said the prisoner was the party who redeemed the article the day after it was pawned—I know this flannel by the way it is made—it was in the list of articles in the bundle—the bundle was handed to me in South-street, on Monday—I did not miss it till the following morning, but I never left the cart, except in Prescott-street, on my road.

ESTHER KEYSER . I am the wife of Moses solomon Assur Keyser, and live in South-street, Finsbury. I made a list of the linen to be sent to wash on Monday, the 8th of February—the bundle was tied in a cot sheet, and contained a quantity of child's apparel—I did not tie them up myself, but I saw them tied up—I know the square of flannel now produced—it was among the things in the bundle—I saw it put in—it is my own work—I also know this towel and sheet—they were in the bundle.

HENRY BROWN . I am a shoemaker, and live in Buckle-street, Whitechapel. I was in Sowerby's shop, redeeming an article, on Friday, the 12th of February, when the prisoner was brought in by the officer, and while he

was talking, she drew from her person a diaper towel and square of flannel, with her right hand, and threw them from her by the counter—he went out, and I said, "That property that woman threw down"—it was handed to the shopman—he sent for the officer to come back, and the property was delivered to Holcombe—I am sure they were the same articles—I never lost sight of them.

Prisoner. I solemnly declare it is false; before this man came after us we had got to the end of Back Church-lane. Witness. I spoke of it the moment she was gone out—I did not charge her with it while she was in the shop, because another woman picked it up at the time—I was in another box, and looked over, and said, "That property don't belong to you, it belongs to the other woman"—I was not aware then that the prisoner had gone out.

Prisoner. You told my husband you did not know what to do about appearing. Witness. I did not—he asked me to make it as easy as I could, because I was the chief witness against you, and he spoke to me in the Court to-day—I am not in the habit of pawning at Sowerby's, but I have been laid up for the last four months, and have unfortunately pledged things.

WILLIAM HENRY POLLARD . I am shopman to Robert Dunnell, a pawnbroker, in the Commercial-road East. I produce a sheet pawned on the 10th of February, I cannot say whether by a man or woman, but I wrote "Ann Dipnell" on the duplicate.

LEAH HYAMS . I am servant to the prosecutor. I saw the bundle of dirty clothes against the kitchen door—I assisted in putting the things into the bag—I delivered the bundle to Mrs. Holcomb—I saw her husband put it into the cart.

ADELAIDE HOLCOMBE . I am the wife of John Holcombe. On the 8th of February I went to Mr. Keyser's for the clothes—Hyams handed me the bundle—I gave it to my husband—it was tied in a cot-sheet, and pinned—next morning I missed it—I did not miss it when I got home, as I did not notice it.

BENJAMIN CORDELL (police-constable H 179.) I went to Sowerby's shop on the 12th, with Holcombe—In consequence of what I heard there, I went to the prisoner's lodgings—I went round the back streets, and at last to No. 10, Lambeth-street—I found the prisoner and another female there—I found a duplicate in the room for a shirt pawned, on the 10th, at Dunnell's, and, a cot sheet—Holcombe said the bundle was wrapped in a sheet—the prisoner said it was her own property, a sheet she had pawned for some halfpence to get some tea—I took her to Sowerby's, and directly I went the young man behind the counter said she was the young woman that took a robe out of pawn the morning before, and the other was the one who pawned it—I went out of the shop with the two prisoners, and a short distance from the house, a female came running after us, and said, "Stop, one of the prisoners has dropped something in the shop"—Holcombe went back to the pawnbroker's, and brought me a flannel square, and said, "This I can swear to having had in my possession many times"—he brought a towel with it.

ESTHER KEYSER re-examined. I know this shirt, flannel square, and towel—I know the cot-sheet, because it is exactly the same as the other I have—it has no mark on it—one pair is marked, and the other not—it is cotton—the towel corresponds exactly with my others—the mark

has been unpicked, I believe, for I cannot find where it was—there is nothing particular in the pattern—it corresponds in size, length and width, and the hem is the same—the prisoner lives, I believe, a mile from us.

Prisoner. I gave a Mrs. Collins 9d. for the sheet; I have frequently pawned coats and things for her, as she and her husband make up things for Rosemary-lane.

BENJAMIN CORDELL re-examined. The pawnbroker's lad was before the Magistrate, but he did not think it necessary to bring him here to-day—the bundle contained forty-one articles—the prisoner has a husband, who is outside now.

Prisoner. I bought the sheet of the woman; my husband has been trying to trace her every day. Witness. The woman she alludes to is Williams, who was taken up; she lives in the same house, down stairs.

(The prisoner put in a written defence, stating, that a person named Collins employed her to pledge an article for 2s., and positively declaring that she had not dropped the things in the shop.)

HENRY BROWN re-examined. I was close to the prisoner when she threw the things down—Williams stood two or three yards from her, right at the back of the officer—the pawnbroker's shop is about ten yards long—I swear she drew them from her person, and threw them down.

BENJAMIN CORDELL re-examined. I have not looked for Williams, as the Magistrate discharged her, because the prisoner said, "Whatever I. suffer, she is innocent of the crime"—she stuck to that every time she came to the office—I have been looking for a person named Collins, and have not found her—the prisoner said there was somebody of that name she was in the habit of pawning for, but I can find nobody who has any knowledge of her.


NEW COURT.—Wednesday, March 3rd, 1841.

Fifth Jury, before Mr. Common Sergeant.

1st March 1841
Reference Numbert18410301-824
VerdictGuilty > pleaded guilty

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824. EDWARD RANDALL was indicted for embezzlement; to which he pleaded

GUILTY . Aged 33.— Confined Six Months.

1st March 1841
Reference Numbert18410301-825
VerdictGuilty > pleaded guilty

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825. GEORGE BOND was indicted for stealing, on the 16th of February, 1/2 oz. weight of cloves, value 2d.; 1 pint of groats, value 3d.; and 1 bundle of wood, value 1d.; 11 pence, and 8 half-pence; and 1 piece of candle, value 1/4 d.; the property of Humphrey Grover, his master; to which he pleaded

GUILTY . Aged 32.— Confined Three Months.

1st March 1841
Reference Numbert18410301-826
VerdictGuilty > pleaded guilty

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826. HENRY LACEY was indicted for stealing, on the 16th of February, 2 shawls, value 2l. 13s.; and 1 boa, value 1s. 6d., the goods of Charles Nicholls, his master; to which he pleaded

GUILTY . Aged 21.— Confined Three Months.

1st March 1841
Reference Numbert18410301-827
VerdictGuilty > unknown

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827. JOHN RUSH was indicted for stealing, on the 6th of February, 42 yards of canvass, value 2l. 8s., the goods of Isaac Day.

THOMAS WHITEHEAD . I was carman to Mr. Isaac Day. On the 6th of February, I had thirty-eight bolts of canvass in my cart—I was driving, and got to East Cheap, to Mr. Day's counting-house—I had to go and

deliver the notes to the clerk—I was absent a few minutes, when I came out, a lad spoke to me, and I missed this bolt of canvass—I gave an alarm—it was brought back by a policeman—it belongs to my master.

Cross-examined by MR. PHILLIPS. Q. Have you a mark by which you know it? A. Yes, No. 1.

RICHARD BOWLES . I am assistant to ray father at St. Mary at-hill. About five o'clock on this evening I was standing at the door—I saw the prisoner and another lad going down the hill—the prisoner had a bolt of canvass on his shoulder—there was a cart with canvass at Mr. Day's—I gave information—I went with the policeman and overtook the prisoner, and found this bolt of canvas on him—he was about one hundred yards from the cart when I first saw him.

JOHN MCCULLOCK (City police-constable, No. 531.) I went after the prisoner, and found this on him—he said a person had hired him to carry it, and he was gone on in front.

GUILTY .* Aged 19.— Transported for Seven Years.

1st March 1841
Reference Numbert18410301-828
VerdictGuilty > unknown

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828. JOHN NOBLE was indicted for stealing, on the 25th of February, 3 1/2 yards of woollen cloth, value 1l. 10s.; and 8 yards of drugget, value 5s.; the goods of Thomas Brown.

DANIEL WILLIAM LIVINGSTONE . I am shopman to Thomas Brown, of Aldgate. About nine o'clock in the morning, on the 25th of February, I was sweeping the doorway and saw the prisoner walk out of the shop with this cloth under his arm—there was no one in the shop—I ran after him—he threw the cloth under a wagon, loaded with paper—I picked it up, and pursued—he was going down Mitre-street, and could not get farther—there were some men coming up—I am sure he is the man.

Cross-examined by MR. JONES. Q. Was your back to the shop? A. Yes—he was dressed in a black frock coat, a double breasted waistcoat, and dark trowsers—he carried this bundle under his right arm—I am sure of that—he walked away leisurely, till I pursued him—he threw away the bundle after he bad got about eight yards—he ran to the corner of Mitre-street, which leads into Duke-street—the wagon was between me and him—I did not keep sight of him all the time—I saw him under the wagon—I stooped to pick up the parcel, and he was stopped about a dozen yards from it by a coachman—I came up and collared him—I told the policeman, and he brought him to the shop—I said to the prisoner that he had brought this out of the shop—he did not say any thing about it then—one of these pieces is broad cloth, and the other drugget—my master is a tailor.

JOHN GEORGE WADE (City police-constable, No. 623.) I was walking past the shop, on the opposite side of the way—I heard a cry of "Stop thief," I turned and saw the prisoner running towards Aldgate pump, with this cloth under his arm—I am sure he is the man.

Cross-examined. Q. Was he on the same side as you? A. No, on the opposite side—the wagon was standing still, unloading at the door—the prisoner was stopped before I could get to him—he had not the cloth then—I did not see him throw it away—I had not sight of him all the time.

GEORGE MEADOW . I am foreman to Thomas Brown, This cloth is his.

Cross-examined. Q. How do you know it? A. By a mark on it in my own writing, "D E H"—it is Mr. Brown's private mark—the drugget was put inside the cloth to swell out the cloth.

GUILTY . Aged 24.— Confined Six Months.

1st March 1841
Reference Numbert18410301-829
VerdictGuilty > unknown

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829. WILLIAM CHAPLIN was indicted for stealing, on the 10th of February, 1 handkerchief, value 4s. 6d., the goods of Henry Skitt, from his person.

HENRY SKITT . I am in the employ of Messrs. White and Green-well, in Blackfriars-road. About a quarter before ten o'clock on the evening of the 10th of February, a witness spoke to me, and I missed my handkerchief from my pocket—I had seen it safe about five minutes before—this is my handkerchief—the witness gave it to me—the prisoner was with him.

BENJAMIN KIDMAN . I am a baker, in Upper Thames-street. I was going towards Holborn, and saw the prisoner with another party, trying several gentlemen's pockets—I saw him first in Cheapside—I watched him about a quarter of an hour—the prosecutor came by the box-maker's, and the prisoner tried to take his handkerchief—he then got on to St. Paul's, and lifted up the prosecutor's coat tail with his left hand, took the handkerchief out with his right, and crossed to the pavement, blowing his nose with it—I took him, took it from him, and called to the prosecutor.

Prisoner. You said you took it from the ground. Witness. I did not.

GUILTY . Aged 19.— Confined Three Months.

1st March 1841
Reference Numbert18410301-830
VerdictGuilty > unknown

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830. JAMES FINCH was indicted for stealing, on the 24th of February, 1 pair of boots, value 15s., the goods of George Russell.

GEORGE RUSSELL . I am a boot and shoemaker in Fenchurch-street. At ten minutes before eleven o'clock on the 24th of February, I was in my shop—in consequence of information I ran out to the corner of a court adjoining my house, where a gentleman bad got the prisoner, bringing him to my shop—these are my boots—I picked them up in the court, in the direction towards where the prisoner was.

JULIA FITZGERALD . I live in Rose-lane, Spitalfields. About twenty minutes past eleven 1 was passing the prosecutor's shop, and saw the prisoner taking the boots from the shop—he ran up the court—two gentlemen followed him—I saw him drop the boots in the court.

THOMAS CHARLES EMERY (City police-constable No. 589.) I took the prisoner and have the boots.

GUILTY . Aged 19.— Transported for Seven Years.

1st March 1841
Reference Numbert18410301-831
VerdictNot Guilty > unknown

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831. THOMAS OVERY was indicted for stealing, on the 3rd of February, 30 yards of fillet-card, value 5l., the goods of Henry York, his master.

HENRY YORK . I live in North-place, Curtain-road, Shoreditch. The prisoner was in my employ about ten months—I missed thirty yards of fillet-card, it is used for carding cotton, and in February I gave the prisoner in charge—he said, in going to the station, that he had got it at home, and Old Jack who is another servant, had given it to him—this fillet is mine.

Cross-examined by MR. PAYNE. Q. Did he not say it was given him by Old Jack to sell? A. Yes—I took Old Jack up—he was discharged at Worship-street—he had been in my service ten years—the prisoner was at work at my place till he was taken.

COURT. Q. Why is not Old Jack here? A. I did not think it necessary to bring him, as he was discharged.

FRANCIS YOUNG . I live in Bethnal-green. I met the prisoner in Cock-lane on Wednesday, the 3rd of February—he asked if my master wanted to buy any fillet—I said I did not know—I asked my master—I went to the prisoner again, about twenty minutes before four o'clock, and

he told me to take the fillet—he said, if he took it, his master would stop him with it—I took it to my master—he told me to take it back, and tell the prisoner to take it where he got it from, as it was Henry's—I took it back and told the prisoner—he said it was a lie, for he bought it.

Cross-examined. Q. Had you the curiosity to inquire what he meant when he said he should be stopped? A. No—I took it back to him about a quarter to five o'clock—I was taken about this on the Thursday morning—I was in custody about an hour, and I gave my evidence, and got out—my master and the prosecutor are brothers—Old Jack was in custody about a week.

ANDREW BOYESON (police-constable G 19.) I took the prisoner—in answer to a question from the inspector, he said he received it from a fellow-workman called Old Jack.

Cross-examined. Q. What time did you take him? A. About half-past six o'clock, on the evening of Wednesday, the 3rd of February.


Before Mr. Justice Williams.

1st March 1841
Reference Numbert18410301-832
VerdictGuilty > unknown

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832. MARGARET CAIN was indicted for feloniously uttering a counterfeit shilling to Sarah Spurret, on the 26th of January, having been previously convicted of a like offence.

MR. ELLIS conducted the Prosecution.

HENRY MILLING . I am clerk to the solicitor of the Mint. I produce a copy of the record of the prisoner's conviction, which I got from Mr. Clark's office—I examined it—(read.)

JAMES MANN (police-sergeant K 31.) I know the prisoner. I saw her in July sessions in the year 1836, when she was tried and sentenced to twelve months' imprisonment for uttering counterfeit coin—I was present at the trial.

GEORGE SPURRET . I am a greengrocer in Rose-street, Covent-garden. About five o'clock in the evening of the 19th of January, the prisoner came to my stall for a measure of onions, which came to 3d.—she offered me a shilling in payment, I gave her 9d. change, and she went away—about a quarter of a minute after she was gone, I went to put it into my pocket, and thought it felt smooth—I looked, and perceived it was bad—I had not mixed it with any other money—I cut it across two ways—I kept it till Wednesday, and then gave it to Johnson, the beadle.

Prisoner. There is another woman in gaol that gave it to him. Witness. I am sure this is the woman—I know her because she has but one eye.

FREDERICK JOHN JOHNSON . I am beadle of Covent-garden market. I received a shilling from George Spurret on the 30th of January—he described to me the appearance of the person who he said had uttered it.

SARAH SPURRET . I am the wife of George Spurret. About five o'clock in the evening of the 26th of January, the prisoner came to my stand for a measure of onions, which came to 3d.—she gave me a shilling—I asked if she could not give me halfpence, as I had not halfpence enough—she said she had not—she had two or three shillings in her hand—she said she had only 1 3/4 d.—I went to get change—my husband called me back, and said in her presence, "This is the woman that gave me the shilling last Tuesday—I sent for an officer—I gave the shilling to Moore, the beadle.

Prisoner. She never said a word, but went next door to a green-grocer's with it—what passed I cannot tell—she came in, went by me, and went through the market with it—I staid by the side of her husband—she then came and said, "You gave my husband a bad shilling before."

Witness. I went a few yards to a person to ask for change—I had not parted with it out of my hand, and did not get change for it—I did not notice it was bad, till my husband called me back.

GEORGE SPURRET re-examined. On the 26th of January I saw the prisoner after she had bought the onions—I had not observed any thing about the shilling being good or bad, before I charged her with being there before.

RICHARD MOORE . I am beadle of Covent-garden. I apprehended the prisoner on the 26th of January, and received this shilling from Sarah Spurret—I found on the prisoner two good shillings, and 2d. in copper—I gave them back to her.

Prisoner. They only gave me one back. Witness. Mr. Powell ordered me to give one to the prisoner and one to the prosecutor.

JOHN FIELD . I am inspector of coin to the Royal Mint—these shillings are both counterfeit in all respects.

Prisoner's Defence. They have most falsely sworn—I never gave them 2s.—the woman is in prison now that gave one—I should be obliged if you would send for her, her name is Mary Smith.

MARY SMITH (a prisoner.) I do not know a person named George Spurret, or his wife—I know a person who keeps a greengrocer's stall in Covent-garden—I have dealt with one facing James-street—it was in January, six or seven weeks ago, before I came here—I think it was about the 9th—it was before the middle of the month—I paid one shilling, it was a bad one—I bought a little measure of onions which came to 3d.—the same thing did not happen again to me.

Cross-examined by MR. ELLIS. Q. When were you first imprisoned? A. I was committed last Tuesday four weeks—I was tried last Sessions, and convicted, and sentenced to ten years' transportation.

GUILTY . Aged 38.— Transported for Fourteen Years.

1st March 1841
Reference Numbert18410301-833
VerdictGuilty > with recommendation

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833. THOMAS BARKER FITZJOHN was indicted , for that he, being employed in the Post-office, on the 27th of January, did steal a post-letter, directed to Messrs. Gatty and Pearce, perfumers, Bond-street, London, which contained a half-sovereign, the property of her Majesty's Postmaster-general.

MESSRS. SHEPPERD and ADOLPHUS conducted the Prosecution.

HARRIET WAYLETT . I am a theatrical performer. At the end of January I was at Liverpool—I had occasion to send a letter to London, to Messrs. Gatty and Pearce, perfumers in Bond-street—I enclosed half a sovereign—I gave the letter to Mary Ann Smith, the daughter of my landlady, where I was living, to put into the post—I cannot remember the date—this is the cover of the letter I sent—(looking at it)—I put a Queen's stamp on it—I had written before, and expected an answer—I wrote afterwards that I had not had it.

MARY ANN SMITH . I live at Liverpool. Mrs. Waylett lodged at my mother's house—I received a letter from her to go to the post in January—I do not recollect the day of the month or the day of the week—I took it down, placed it on the dresser in the kitchen, and told my mother to send it to the Post-office—it had a letter-stamp on it like this.

ELIZABETH SMITH . Mrs. Waylett lodged at my house, at Liverpool, in January last—I remember the letter lying on the dresser—my attention was called to it by my daughter—I took it and gave it to my son—it had a stamp on it—I did not remember the day.

THOMAS SMITH . I am the son of Elizabeth Smith. I remember, about a month ago, my mother giving me a letter—she told me to take it to the Post-office—she told me it contained money—I took it to the Post, office and put it into the post, between eight and nine o'clock in the evening—I should not know it again—as I took it along, I felt a little something inside like paper—I do not recollect the day of the month—some inquiries were made of me a short time after.

JURY. Q. You stated that in the letter there was a piece of paper; was there nothing hard in the paper? A. Yes, it was rather hard—I felt it with both fingers; it was harder in one part than another—the hardness was about the size of a sixpence.

GEORGE LANDSEER . I am clerk to Gatty and Pearce, of Bond-street. Letters that arrive by the post, directed to Gatty and Pearce, are brought to the counting-house, and pass through my hands—on the 27th of January I do not recollect receiving a letter from Mrs. Waylett containing a half-sovereign.

COURT. Q. About that time did you get any letter from her? A. We received a letter a day or two after—I think it was on the Thursday or Saturday, the 29th or 30th—it did not contain any money.

REBECCA MARIA ROUSE . I live in Charles-street East, Hampstead. The prisoner came to lodge there on the 16th of September, with his wife—there is a privy in the back yard—on Wednesday, the 26th or 28th of January, about five o'clock in the afternoon, in consequence of what I had observed, I went to the privy soon after the prisoner left it—it was dark—I took a candle, and on looking down the privy, I saw a number of letters—I did not take them up—I did not touch any of them—I called another person, named John Garnett, who lodged in my second floor—he brought some letters up stairs, and put them together—that produced is one of them—I assisted in putting it together—it is addressed to Gatty and Pearce—I did not count the pieces—I should think there were five or six—I saw them lying on the table, and put together, and read the address—when I looked down the privy I saw a number of letters torn up should think those✗ twenty—I do not remember the day—I think it was the 28th of January—on the following morning John Garnett wrote this letter to Colonel Maberly—I took it to a post-office in Southampton-row—it is dated the 28th of January—I saw this in the privy the evening before the letter was written.

Cross-examined by MR. PRENDERGAST. Q. You were the landlady of Garnett? A. Yes, I told him there were a number of letters torn up and thrown down the priv✗ should think they were scarcely a yard from the seat—I could have ✗ them very easily—I did not take up any of them—Garnett was ✗ when I went to the privy—I had been just before in my ✗-room—I do not know that I had not seen Garnett during the ✗ I had not been with him—I cannot say whether I had ✗ not—I dare say I had—if a person passes me, I generally say ✗—I had said nothing on the subject of the prisoner to Ga✗ will swear that I do not recollect saying any thing about the prisoner in the course of that day, I am not positive—I had spoken to him on the Sunday—I do not think he had spoken to me on the subject—I had gone into Garnett's room when he brought these away—I did not see these bits of paper till he brought them to the second-floor room—I did not see him take them up, nor see them in his hand till he

brought them to the second floor—they were not pasted together by Garnett—they were done at the post-office—they were merely laid together, so that we could read the address—I enclosed them loose in the letter I sent—I do not know how long he and I were putting them together—I did not go into the room for that purpose, nor did I leave the room immediately after—his wife was in the room—she is not here—I suppose she might have seen him bring the pieces of paper in his band—she was there when we put them together—the prisoner came to live with me on the 6th of September.

MR. ADOLPHUS. Q. Did you see the prisoner at any time before you went into the privy? A. I saw him go across the yard to the privy, and return in not more than two or three minutes, and then I went there.

JOHN GARNETT . In January last I lodged on the second floor at Mrs. Rouse, in Charles-street East, Hampstead-road. I knew the prisoner and his wife as lodgers—they occupied the front parlour—on the 27th of last January, in consequence of information from Mrs. Rouse, I went to the privy, about six o'clock in the evening, and found some fragments of letters—I picked up some of them, and took them into my own room—Mrs. Rouse was in my room—this is part of one letter I took up—there was a small triangular piece more, which had a sort of note on it—I laid it together, and the wetness of the paper laid it flat on the table—I washed it in some water—the next morning I wrote a letter to Colonel Maberly, and inclosed these pieces—I saw "Liverpool" on it at the time, in red ink—it is torn off now—it is not here—the next day I called on Messrs. Gatty, in Bond-street, and saw their clerk—I was in the Post-office once—I am now a flower-seedsman in Covent-garden Market.

Cross-examined. Q. You are a seedsman? A. Yes—I have a stand—I go there from March to September—I live on my own property at other times—I do not consider it necessary to say whether it is funded or real—it was under my mother's will—it was funded property, and is now in my possession—I sold it out in half-hundreds at a time, about four months after my mother's death—she died in January, 1839—I was a clerk in the inland office of the Post-office—I resigned—I never was in Clerkenwell prison—I was not charged, and did not resign my office in consequence of a charge—there were some inquiries made against me, but no charge—the inquiries were made by Mr. David Stowe, about a note lost out of a letter—he sent to me about it—I resigned about six weeks after the inquiries—I went for two days after his making the inquiries, till my resignation—the Duke of Richmond requested me to resign—I was a clerk in the inland office, and had been in the money-order office—Mr. Stowe gave the situation to me—there was a note came, we did not know where from—it was found in the money-order office, and was paid into Stevenson's banking-house, and this note was not marked, which it ought to have been—it was a rule, that by taking a note any where, and not marking from whom it was received, we were Sable to dismissal—it brought up words—I was very insolent to Mr. Stowe, and he requested me to resign—the other young man did not resign—I do not know the name of Linton—I never was in custody in my life, and never in prison—I had been in the Post-office three or four years—I have not been a seedsman ever since—I lived with my cither, in Bury St. Edmunds—he was a gentleman, living on his property—I remained with him four or five years—when he died I came to London—I had 200l. or 300l., and went into business—I do not hold or rent any stand in Covent-garden

Market—I am with a party there—I am there generally during August and September—I am employed there from four o'clock in the morning till eight at night—I have not had any money from the Post-office yet—Tyrrell, the officer, gave me 8s. on the 4th of February, by desire of Mr. Peacock—I said 1 was very badly paid if I did not get a 10l. note for emptying the privy, and taking the pieces off the soil with my fingers and parting them—I might have said if I got 20l. it would not pay me—I dare say I said I expected 15l.—I never said what Mrs. Rowe would get—I never told her to stick to the story she told—I do not recollect telling her to stick to me, or to adhere to me—I did not say I bad got a pair of boots and a Macintosh within the last six weeks out of the money I had from the Post-office—I have not had any money.

MR. SHEPHERD. Q. You said 8s. were given you by Mr. Peacock? A. Yes, to pay for a cab, going backwards and forwards with Mrs. Rouse—I found the fragments of upwards of forty letters in the privy.

THOMAS YATES . I am inspector of letter-carriers to the Post-office. The prisoner was letter-carrier to the branch office in North-row, Park-lane—his walk took him to Bond-street, at one part of the day, to deliver what we call four o'clock letters by the four o'clock dispatch—this letter would bare been to be delivered between four and six o'clock on the 27th of January—there are four stamps on it, two of the General Post-office, St. Martin's-le-Grand, one of the Two penny Post-office, St. Martin's-le Grand, and one of Liverpool.

Cross-examined. Q. If for any reason he did not deliver it, might he not put it into his pocket? A. That is frequently the case—I have known it with money letters, and other letters which are particular are selected and put into the pocket—it is not a general rule—it is done frequently—if he had forgotten to deliver it, be should have returned it the same evening to the charge-taker, and it would have come to the inspector on duty—he ought to report it to the inspector, that he had omitted to deliver the letter, and then a message would have been sent to the party, to say that the letter was detained—they sometimes deliver them after, but it is not their regular duty.

THOMAS RUDLING (police-constable F 132.) On the 29th of January I was at the station at Bow-street—the prisoner was in my custody—a woman came and asked to see him—I told him such an application had been made—on that he asked me in what state of mind his wife was—I said she was crying—he then asked me how I thought he would be situated—I said I did not know the nature of his case—he said he was charged with stealing a money letter, he thought he had better confess and tell the truth—he had torn the letter up—I made him no answer—he further stated that he had a letter sent him from a lawyer, respecting payment for a suit of clothes, and that was in the pocket where the post-office letter was—he was not aware that the Post-office letter was in that pocket, and he took out a letter in the water-closet, tore it, and out dropped a half-sovereign—he was then very much frightened, knowing it was a Post-office letter, and he was afraid to take it back for fear he should lose his situation, and they should think he took it back on account of there being no more money in it—he stated that was the truth—I told this to the inspector and the officer of the Post-office.

Cross-examined. Q. Did he not tell you he had put the letter for safety into his pocket, it being a money-letter, and that he had forgotten to

cross his letter as he generally did? A. No—I was not examined before the Magistrate—he was in the cell at the station when he made this statement—I gave him up to the officer—I told this conversation directly after to Tyrrell.

ROBERT TYRRELL . I am the constable on duty in the Post-office. I took the prisoner into custody on the 28th of January at North, Park-lane, at the branch post—office—I told him what I took him for—Mr. Peacock first cautioned him not to say any thing unless he thought proper, and what he said would be used in evidence against him, or in his behalf—he was then asked if Cambridge-terrace was In his delivery—he said, "Yes"—then he was asked whether Bond-street was—he said, "Yet"—and whether he had delivered a letter directed to Gatty and Pearse—he said he had no recollection of one—he was then told that fragments of a letter directed to Gatty and Pearse had been found at his lodgings—he said it was impossible, but if it was, there was some plot against him—I searched him and found 5s. 2d. on him, and in the pocket of his great-coat in the office I found 3d. more—I then conveyed him to Charles-street, Hampstead, for the purpose of searching his lodgings—on our road Were I asked him whether any letter-carrier had been to his lodgings the day previous—he said "No"—he afterwards said, "Oh yes, there was"—I had some conversation with him on the following day, before he was committed—I went to fetch him out of the lock-up cell at Bow-street—(I had heard he had made some communication)—I went to him, and told him if he said any thing it would be taken down in evidence against him, but if he said any thing I was ready to hear it—after that caution he said the letter directed to Gatty and Pearse contained money—that he put it into his pocket for safety, where he had another letter of his own, and had forgotten to turn his letters to remind him that one was taken out, and on going home he bad occasion to go into the yard, and took this letter containing the money, directed to Gatty and Pearse, and tore it in half, and out fell a half-sovereign, that he looked after it and could not and it, and he was frightened, and thought of going to Gatty and Peane to explain that he tore it, thinking it was his own letter, but he was afraid, knowing the rules of the office, and did not do so—I had locked him up about eight or nine o'clock the night before, and this was between eleven and twelve on the following morning—I searched his apartments, and found the fragments of another letter containing four small silver pills with the Dover post-mark, and the address to some square—I have since ascertained it is Holland-street, St. James's-square—I found it in a small work-box like a female's box—the prisoner has a wife.

(The prisoner received a good character.)

GUILTY. Aged 23. Recommended to mercy by the Jury. —(See New Court, Thursday.)

Sixth Jury, before Mr. Common Sergeant.

1st March 1841
Reference Numbert18410301-834
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceTransportation; Transportation

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834. CHARLES SMITH and THOMAS GARRETT were indicted for stealing, on the 10th of February, 280 yards of silk-braid, value 2l. 3s., the goods of John Henry Macher; to which Smith pleaded

GUILTY . Aged 18.— Transported for Seven Years.

MR. DOANE conducted the Prosecution.

JAMES CARTER . I am foreman to John Henry Machu, a silk-trimming manufacturer, in Twister's-alley, Bunhill-row—the two prisoners were in

his service—Garrett was a winder, and had been about three years there—in consequence of information on the 18th of February I directed Garnish to watch in the lower room of the factory—the machinery communicates from one story to another, through which there are holes that you can see through—when the workmen go down to dinner no one is allowed to remain in the upper room—I saw the workmen go to their dinner—the prisoners did not go out—I locked the room—Garnish told me something, and when the workmen left that evening, I directed a policeman to be on the spot—this is the silk braid that was found on Garrett—there was work of this kind in the upper room—silk braid is the proper term for it—there were 129 yards found on Garrett—this is my master's—I have no doubt of it—I looked in the tin-boxes, and found the work deficient.

JAMES GARNISH . I am in the prosecutor's employ. On the 18th of February, while the workmen were gone to dinner, I watched—I could see through a hole into the upper room very plainly—I saw Smith come to a tin box, and take something out—I followed the prisoners when they left in the afternoon—Carter took Garrett, and gave him to the policeman.

JACOB DAVIES . I am a police-constable. I was on the watch and took Garrett and Smith—I searched Garrett and found this silk round his body under his shirt—there are 129 yards.

GARRETT— GUILTY . Aged 14.— Transported for Seven Years—Convict Ship.

1st March 1841
Reference Numbert18410301-835
VerdictGuilty > unknown; Guilty > with recommendation
SentenceImprisonment; Imprisonment

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835. JOHN BIRCH and JOHN SIMMONDS were indicted for stealing, on the 8th of February, 1 piece of mahogany, value 12s. 6d., the goods of Henry Haynes and another.

HENRY HAYNES . I am in the service of Henry and George Haynes, in Old-street, St. Luke's. In consequence of information, on Monday, the 8th of February, I went to Spitalfields station-house, and saw a piece of mahogany plank five feet long—it was the property of Henry and George Haynes—I swear to it—I had seen it a good many times before.

GEORGE HASELDINE . I live in Ann-street—I was at Messrs. Haynes' timber yard, and saw the prisoners there walking up and down, two or three times—Birch went up and took up a piece of mahogany in his arms—Simmonds was behind him—they came out together—Birch put it down by the side of the gate, and Simmonds lifted it up on to Birch's shoulders, and walked away—they went up Golden-lane and up a court—they got into Sun-street, I there gave information to the police—he took Simmonds first—the mahogany was chucked into the road, and Birch ran away—I am sure he is the man who had it—it was brought to the station.

Cross-examined by MR. PAYNE. Q. You did not see Birch take it up in the yard? A. No, Birch went up the yard first, and Simmonds followed soon after—Simmonds did not run away, he made no resistance at all.

ROBERT FITZGERALD (City police-constable, No. 639.) I saw Birch with a piece of mahogany on his shoulder—he and Simmonds appeared to be looking into a greengrocer's shop—they walked away together—I followed them, and said to Birch, "Where are you going with this?" he said very quickly, "To No. 23, Artillery-lane"—I said, "You are close at home"—I followed them to Bishopsgate-street, and saw a policeman on the other side—I told Haynes to fetch him—a chaise-cart drove in between me and the others, and this log was thrown down—I took Simmonds by the arm.

JAMES COOPER (City police-constable, No. 627.) I followed Birch, and "Stop thief"—I stopped him in Petticoat-lane.

(Simmonds received a good character.)

BIRCH— GUILTY . Aged 22.— Confined Nine Months.

SIMMONDS— GUILTY. Aged 22.—Recommended to mercy.

Confined Six Months.

OLD COURT.—Wednesday and Thursday, March 3rd and 4th, 1841.

Third Jury, before Lord Chief Justice Tindal.

1st March 1841
Reference Numbert18410301-836
VerdictGuilty > unknown; Guilty > unknown
SentenceTransportation; Transportation

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836. PATRICK MAXWELL STEWART WALLACE was indicted for that Edmund Loose, on the 10th of November, a certain vessel called the Dryad, the property of Alexander Howden and another, on a voyage on the high seas, within the jurisdiction of the Admiralty, and of the Central Criminal Court, feloniously, maliciously, and wilfully did cast away and destroy, with intent to prejudice the said Alexander Howden and another, part owners of the said vessel; against the Statute, &c.; and that the said PATRICK MAXWELL STEWART WALLACE, before the felony was committed in form aforesaid, on the 1st day of August, at London, within the jurisdiction of the said Court, feloniously and wilfully did incite, procure, aid, counsel, hire, and command the said Edmund Loose, the felony, in manner aforesaid, to do and commit; against the Statute, &c.—Other COUNTS stating his intention to be to prejudice different persons.

MR. ATTORNEY-GENERAL, with MESSRS. CLARKSON, BODKIN, and LAURIE conducted the Prosecution.

GEORGE HERRING . I am a ship-broker, and live in Bishopsgate-street-within. I acted in that capacity to procure a charter-party fox Messrs. Zulueta and Co., and the owners of the ship Dryad—the document now produced is the charter-party—I am subscribing witness to its execution—I know the hand-writing of the firm of Zulueta and Co. of London—I saw it executed both by them and Michael Wallace—Zulueta and Co. have another house at Liverpool—there is another document attached to it, which is the charter of confirmation by the house at Liverpool—the charter-party was executed by the firm in London, subject to the house at Liverpool not having engaged a vessel; and on hearing that they had not, the charter-party was confirmed—I saw the charter-party signed by both parties.

(The charter-party was here read, dated 25th July, 1839, by which it was agreed between M. S. Wallace and the owners of the Dryad, (204 tons,) and Zulueta and Co., of London, that the said vessel should be exclusively chartered to Zulueta and Co., for the sum of 300l., to proceed from Liverpool to Santa Cruz, in Cuba, subject to the approbation of the firm of Zulueta, at Liverpool, by return of post.)

ALEXANDER HOWDEN . I am in partnership with Mr. Ainslie as ship-brokers and owners. We had one-fourth share in the brig Dryad—Michael Wallace was owner of the other three-fourths—I was aware of her being chartered in July, 1839, to Zulueta and Co.—Michael Wallace generally acted as ship's husband—the ship was then lying at Liverpool—he directed an insurance of 2,200l. to be effected on the vessel, verbally, but we only insured for 2,000l.—he directed 300l. to be insured on the freight out and home—the document now produced is the policy for the 2000l.—Michael Wallace was aware that I had effected it—he had a copy of the policy—(This policy, which was effected in the name of Howden and Ainslie, with the Marine Insurance Company, dated the

10th of August, 1839, for the voyage to Santa Cruz, in Cuba, and back, was here read)—in the early part of January, 1840, a total loss was paid on that policy, and I paid Michael Wallace three-fourths of what I received—I also effected a policy of 300l. on the chartered freight, by direction of Michael Wallace, at Lloyd's—the policy now produced is the one—(read)—a total loss was paid on that, and I paid Michael Wallace three-fourths of that—he knew I had effected that policy, and had a copy of it.

Cross-examined by MR. PHILLIPS. Q. Michael Wallace had three-fourths of the ship? A. Yes, and our firm one-fourth—Wallace had bought three-fourths of Gillespie and ourselves, at the rate of 1,600l. for the whole, but she was afterwards repaired, put into dry dock, and made a first-class ship, under the surveillance of a Lloyd's officer, immediately after he purchased her, which, I think, was in October, 1837, she was new coppered and repaired, at the cost of about 600l., which would bring her to 2,200l.—I do not include the stores in that—the stores for the voyage would probably be worth about 150l., but I cannot tell without my book—there was no salvage on the ship to my knowledge—we received a bill from one Frost for 400l.—I cannot tell what it was for—it was not given as salvage.

MR. ATTORNEY-GENERAL. Q. Did you get the money on the 400l. bill? A. We did, and have the whole of it in our hands now—I consider the Dryad would have sold for 2000l. in August, 1839, previous to being fitted for that westerly voyage—it would have been a fair price, as far as my judgment goes—she was insured for 2,400l. on the first voyage—I believe in no case was she insured under 2,000l.—I knew of no policy being effected on the ship or freight besides the 2,000l. and 300l. at the time she sailed.

SAMUEL BICKLEY . I am an insurance-broker. I effected the policy now produced, at Lloyd's, for Zulueta and Co., on the 7th of September, 1839—a total loss was afterwards paid on it for Zulueta and Co.—I think on the 7th of January—Zulueta and Co. made a declaration afterwards, which I witnessed.—(This was a policy on goods in the Dryad for the same voyage, with leave to declare the value hereafter—the declaration and valuation described the goods as hardware, 1000 bags of salt and other things, value, together, 3,000l., the total loss on which was settled on the 10th of January, 1840.)—The loss was paid accordingly—the policy Was signed by the underwriters, whose names are subscribed.

Cross-examined by MR. DOANE. Q. Did you see them signed? A. I did.

RICHARD JAMES SHEPPARD . I belong to the Alliance Marine Insurance Company. I have a policy marked "A," for 715l., on goods by the Dryad, executed in the name of M. S. Wallace—it is executed by three of the directors.—(This policy was dated the 24th of August, 1839, for six cases of flannel, each containing 40 pieces; two cases of cloth, each containing 10 pieces; and two cases of printed cotton, each containing 50 pieces; value, together, 715l.)—This paper, marked "B," was exhibited at the time the policy was effected by Mr. Stott, the insurance-broker, who effected the insurance—this other paper was prepared from it—it is signed by James Stott—this bill of lading, marked "D," was brought by Mr. Stott when the loss was claimed—this paper, marked "E," is an undertaking to reimburse us in case any proceeds were found—Stott brought that when the loss was finally settled, as we required it—this cheque for 715l., marked "F," I paid Stott for the loss.

JAMES GRAY . I am superintendent of the underwriting department of

the General Maritime Insurance Company. I produce a policy of insurance effected on the Dryad for 1,264l. 12s.—it is signed by three of the directors.—(This policy marked "G," was dated the 21st of August, 1839, and was for 39 tierces of beef, 52 barrels of pork, 38 firkins of butter, 35 crates of earthenware, 7 cases of cotton prints, 50 pieces each; 5 bales of blankets, 35 in each; value, together, 1,264l. 12s., on board the Dryad, bound for Santa Cruz.)—This was effected by James Stott—this paper, marked "H," is the paper of particulars signed by Stott at the time—I paid Stott 1,012l. in January, 1840, as 80l. per cent, on the loss; on which occasion he produced the bill of lading marked "M"—this cheque for 1,012l., marked "I," is what I paid him—the bill of lading was produced at the time the claim was made—I received from Stott, at the time the insurance was effected, this paper, marked] "K," as the valuation of the goods—in October I paid the balance, 253l., to Stott, on receiving this letter of indemnity, marked "J"—this, marked "L," is the cheque for 253l.

JAMES STOTT . I have been a ship-broker. I was brought up with Seldon and Johnson—I left them in 1837; and some time afterwards I commenced business on my own account as ship-broker and custom-house agent, in Seething-lane, Tower-street—I first became acquainted with Patrick Wallace when I was at Seldon and Johnson's—he was an ale and porter merchant—he imported bristles and isinglass from Russia, and carried on business at No. 18, Cooper's-row, Tower-hill, and lived there—the name was on the door, and the family altogether lived there—it was his father's house, I believe—this was in 1839—he has latterly lived at Windsor-terrace—I do not know when he went there—he employed me in passing entries for him—he gave me an order to effect some insurances for him in 1839—in August, I think—he ordered" me to do 1,264l. 12s. at the General Maritime Insurance office, on goods, by the Dryad—he gave me an account of the goods—he gave me a paper containing a specification—this paper is my writing, copied from the one he brought me, and which he took away—I copied it from his direction or book—he had his invoices and a lot of papers with him—he saw this paper—I was to show this at the Maritime Insurance office.—(This valuation was here read, which agreed with the goods named in policy marked "G.")—This slip, marked "H," is what I made out at the time I made the insurance—it is signed by me—(read)—the policy which has been read, marked "G," is the one I effected—I handed it over to Patrick Wallace—he instructed me to claim a lose on that in January, 1840—he brought the bill of lading, and asked if it was of any consequence it not being stamped—this is it—that was the first time I saw the bill of lading—I told him I thought it was not the least objection; but he got it stamped, as he considered it was of consequence—he paid the penalty of 52.—I claimed a total loss on that policy of 1,264l.—80l. per cent, was paid at first by the cheque marked "I," on Robarts and Co., for 1,012l., now produced, which is endorsed by me—I handed it over to Patrick Wallace—the office declined paying more than 80l. per cent, at that time—I claimed the total loss—Patrick Wallace afterwards desired me to claim the remaining 20l. per cent, frequently—I did so, and it was paid some considerable time after—they asked for an undertaking, which I informed Patrick of, and he gave me this paper marked "J"—the whole of the body and the signature are his hand writing.—(This was an undertaking to return the Maritime Insurance Company the net proceeds of any portion of the goods insured, which might be saved. Signed "P. M. S.

WALLACE.")—On my giving this undertaking, the Maritime Insurance Company paid the remaining 20 per cent, by the cheque I now hold in my hands, and which is endorsed by me—I got it changed, and paid Patrick the balance due to him, deducting my commission.—(The cheque marked "L," for 253l., dated 10th Oct. 1840, was here read.)—The balance due to me was 44l. or 45l., but he gave me 50l., considering the immense trouble I had had—I explained that to him—this marked "V V" is the receipt he gave me for the balance—(read)—it is written by me, and signed by him—when I took the protest first to make the claim at the insurance office, he told me not to leave it longer than two days, as he had got it by favour, and promised to return it in that time—the office at first refused to pay the 80 per cent on seeing the protest—I told him the gentleman at the office said he never saw such a protest in his life—they wanted the captain's letter, which contained the protest—he said they had no business with it, he had not got it, and should not show it them—I told him if he could and would get it, he had better show it to them—he said he would never do so—nothing more was said about the letter that day; but the next, or the day after, he brought the letter, and stated that it had cost him two guineas—I asked in what way it cost two guineas—he said he gave it to the clerk at Howden and Ainslie's, who had given him the letter privately, unknown to Howden and Ainslie, in order that they should not have the power of mentioning it to his brother, who he did not wish to know he was settling his insurance—In August, 1839, Patrick gave me an order to effect an insurance with the Alliance, he said that his brother wanted 1715l. insurance done on his (the brother) goods by the Dryad, and told me to ascertain the premium, which I did—this is the specification and valuation of the goods he gave me.—(This valuation enumerated the goods stated in the Alliance policy for 715l.)—This slip, marked "C," was made out by the gentleman at the office, and I signed it.—(This was the particulars of the goods before stated.)—This policy, marked "A," is what I effected with the Alliance accordingly—I handed it over to the prisoner—a few days after the loss was claimed from the Maritime, he instructed me to claim on this policy, to get the total loss—he furnished me with the protest, the policy, and bill of lading—this is the bill of lading—I claimed for the total loss, from the Alliance, and they paid the whole of it—this bill of lading marked "D," of goods insured in the Alliance, is in Patrick's writing, and this bill of lading for goods insured in the Maritime, is also in the hand-writing of Patrick—I have frequently seen him write, and know his writing well—I do not know the writing of Loose the captain—the Alliance wanted a letter of indemnification—I told the prisoner they wanted a letter from his brother—he said one from him would do just as well, that he had given one before to Lyndall and Hall, for the Neptune Company, who had required a similar letter—he gave me this letter marked "E."—I know it to be his writing.—(This was an undertaking signed "M. S. Wallace" similar to the one marked "J.")—On receiving this, the Alliance paid the total loss—this is the cheque they paid, and which I gave to the prisoner Patrick immediately—here is "London and Westminster Bank" written on it—I do not know who wrote that—if they had asked who were the bankers, I should have said, the London and Westminster Bank, as they were Patrick's bankers—(The cheque for 315l. on Smith, Payne and Smith, was here read.)—This paper, marked "R R," is the prisoner's handwriting, and signed by him—it was given by him to me, on receiving the two

cheques.—(This was an acknowledgment of a cheque for the 1215l. from the Maritime Company, and 715l. from the Alliance.)—The whole of this is in Patrick's hand-writing—when I asked him about settling with the Maritime Company, I asked if he had received any further information of the wreck—he said his brother had received a letter—I said that was all right, and asked for the letter to take to the Maritime Insurance Office—he said he wished they might get it, for he did not intend to show it them—that they had had the protest and policy, and that was all they could require by law to settle it, if they did not settle before the twelve months were up, he would make them—I said it would be better to do it amicably, if he could—I asked him the particulars of the letter—he said there was some pans saved, but no beef nor pork—he laughed when he said that—I asked what he was laughing at—he said Loose bad done the job very well—I asked what job—he laughed again, and said I was not half awake—afterwards, when the Maritime refused to settle the final loss of 20l. per cent, they suggested to me the propriety of writing to the consul at Cuba—I told the prisoner so—I wrote a letter—here is a copy of it in the paper-case produced—it is Patrick Wallace's writing—(read.)

" To JOHN HARDY, JUN., ESQ. London, 15th of March, 1840. No. 8, Ingram-court, Fenchurch-street.

"Sir,—Having been kindly favoured with your name by my friend the Secretary to Lloyd's here, I take the liberty of addressing you, and will feel extremely obliged by your doing your utmost to get the following information; and whatever expense may be incurred, on your advising me to whom I shall pay the amount, it shall be immediately done. On the 7th of September, last year, the brig Dryad, Captain Loose, sailed from Liverpool to Santa Cruz, in Cuba, with a cargo of plantation stores—on the 10th of November, same year, was totally lost fifteen miles to the eastward of Cape Cruz. The captain noted his protest in the town of Falmouth, Jamaica, on the 16th of November; and the letter to the owner of the same date stated that very little, if any, of the cargo would be saved. However, on the 5th ultimo, a report appeared in the "Shipping Gazette," published in this city, that part of the cargo was saved; consequently the insurance company have refused to settle a total loss until a specification of what goods saved is produced; or if none saved, a letter to that effect. Now having an interest in some part of the cargo, I should feel greatly obliged, as I said before, for such information as may enable me to come to a final settlement with the parties here; and, if possible, please let me I have your reply by return packet; but at any rate without delay.

"I am, Sir, your obedient servant.


"P.S. Of course this communication is in confidence between ourselves."

JAMES STOTT , continued. The prisoner dictated that postscript about confidence—I asked him the reason, and told him I would not do it without he gave me some explanation—he said, "Do as I direct you, or else leave it alone"—he then stated that the reason of his requiring confidence was because the ship was chartered by R—and Co., and they did not fill up the ship, and consequently he and his brother had done so; and he did not wish them to know that they had shipped goods in her, or they would charge freight; and he did not wish Captain Loose to hear that he was making any inquiry—the answer stated that Captain Loose had left and returned with the

papers for England—the prisoner said that neither Loose nor the papers would arrive—the answer came to me—I showed it to him, and that was his remark on my showing it to him.—(This letter being read, was dated "Lloyd's Agency, St. Jago de Cuba, 9th June, 1840, addressed to Mr. Stott, and stated that Captain Loose had sailed for England a couple of months ago, with all the documents and accounts respecting the shipwreck of the Dryad. Signed, "JAMES WRIGHT, agent for Lloyd's.")—I asked the prisoner his reason for saying Captain Loose nor the papers would arrive—he said that Loose was a big rogue, no doubt he had picked up all he could from the wreck, and had gone away to the States—he made that observation jokingly—about a month after that, or not so much, when I was asking if he had any further intelligence from Captain Loose, (for from the time that letter was received, I daily expected the captain would arrive,) he said he believed he was dead, that he died on board the Preimer, coming home—I asked him if he had received his papers, expecting he would have received them with the captain's effects—he said the trunks had been opened, and there were no papers—I asked him again if any of his friends had got any information or any thing as to how he died, what was the cause of his death, and so on—he replied, he believed he was not dead, he was in London, and had been in London three weeks—I then said, if he was in London, why did he not go to the Maritime, and obtain a settlement; his word, I imagined, would have been sufficient—he said, he wished they might get Captain Loose there, but he would not go, he was quite sure; he had not even gone to settle his insurance for his own chronometer—three or four days, or it might be a week after, I saw him at his office in Crosby-hall Chambers, where he went after leaving Cooper's-row, and asked him if he had seen Captain Loose—he said, he was not in London; he wished he was, he would give him a ship directly, for he was a very clever fellow, and deserved all he had got—he then said, he had done the Dryad's job very clean, or something to that effect—I won't say they were his words, but according to the best of my recollection, they were—I said, "He must have been well paid for it, if he had done so"—he laughed and said, "Oh, a thousand or two is nothing"—he said it laughingly—I saw the prisoner on the 27th of November, at the Mansion-house, the day he was taken into custody—I asked him what was the meaning of it—he said it was the Dryad—I said, "Oh, if that is the case, my suspicions all along have been correct"—he said it was a bad job, but I need not fear, because I was only the agent, but he was afraid he should be transported—I said, "Why should you fear that, you were not master of the ship?"—he said, "Oh, the goods were never on board, and there are papers in my house that will prove me guilty"—in his house in Windsor-terrace, in his own house—I was in custody at that time, I had been taken about nine o'clock in the morning, and this conversation was about twelve o'clock, about five minutes before I went up before the Lord Mayor—I afterwards saw him several times while he was in confinement—going back in a coach from the Mansion-house that day he said his brother was the biggest rogue—he told Roe, the officer, that he should be after his brother, for he was the rogue; all he had done was for him, which I believe—I do not believe he would have been in the scrape he is, except for his brother.

Cross-examined by MR. PHILLIPS. Q. About how soon after the conversation in which he said he was afraid that Zulueta and Co. would find out the goods were shipped on board, unknown to them, without paying the freight, was it, that he was taken into custody? A. About a month—there

was no one present at the conversation at the Mansion-house, not to hear it—Mr. Phillips, the solictor's son, was close by—I cannot say whether he heard or not—he was almost touching us—he interrupted us, and told roe I must not speak—I should say, that all the prisoner's conversations with me were in a jocular manner—I did not take any notice of them—I never thought any thing of them—I thought it was all a joke.

Q. Did he never become serious with you? A. When I expressed my notion of having heard of ships being sent out to be lost, I asked him if the Dryad was one of those; he became very indignant, and threatened to kick me out of the room for the insinuation—I do not know whether that is in my deposition—I do not know whether or not this is the first time I have said it—I know he said so—I missed the prisoner from London in the course of these transactions, I think it was about July, last year—I had an appointment with him, which he did not keep—he had told me he was going to St. Petersburgh, and told me the business.

Q. Did you suppose, during your whole intercourse with the prisoner, that there was any thing wrong in this business? A. I thought there were many things very curious, but I must say I had too good an opinion of him ever to suppose there was any fraud—I thought him one of the most respectable parties I could wish to meet with—I think Michael Wallace was taken up about three weeks after the prisoner—I remember hearing the morning he was brought into the Compter—I afterwards knew of his two sisters being taken into custody—I did not see them at the Mansion-house—I saw them the day I was bailed out, in the ante-room of the Justice, but I had no conversation with them.

MR. ATTORNEY-GENERAL. Q. Do you know what had become of Michael in the mean time? A. I do not of my own knowledge, only what I have heard—I did not see him in London during those three weeks—I never saw him till I appeared at the Mansion-house with him—I have never had any difference with the prisoner either before or since he was taken.

MICHAEL WILLS . I am secretary of the Neptune Insurance Company. This policy marked "Q" was effected with that Company on the ship Dryad, and outfit for 700l.—it is signed by John Chapman and James Cockburn, two of the directors, on behalf of the Company—there are other members of the Company—I am the subscribing witness to the execution of it.—(This policy being read, was dated the 12th of August, 1839, in the name of Selden and Co., as agents, on the Dryad, for 2,400l., and outfit 300l., on her voyage from Liverpool to Santa Cruz, in Cuba, to unload there, and thence back to Liverpool)—I am also subscribing witness to this other policy, effected on the chartered freight of the same ship, for 700l., for the same voyage—this is also igned by John Chapman and Alexander Denoon, two of the directors, for themselves and the other members of the Company.—(This policy was marked "R," dated the 17th of August, efected by Selden and Johnson, as agents, for 700l.)—I am also subscribing witness to this third policy effected on the same vessel, and the goods on board her, for 687l. dated 21st of August, signed by George Faith and Alexander Denoon, two of the directors, for themselves and the Company.—(This policy, marked "S," was effected by Lyndall and Hall, as agents, for 687l., on 39 tierces of beef, 43 barrels of pork, 35 firkins of butter, and 50 crates of earthenware, shipped on board the Dryad, on her voyage from Liverpool to Santa Cruz, in Cuba.)—This is the bill of lading that was produced on claiming the loss—there was a

total loss paid on these three policies—I do not know the hand-writing of the body of the bill of lading.

MR. STOTT re-examined. The body of this bill of lading is the prisoner's hand-writing.—(This bill of lading, dated the 15th of August, 1839, signed Edmund Loose, acknowledged the receipt of the goods named in the policy, for 687l., on board the Dryad.)

MR. WILLS continued. These two cheques, marked "U and V," are the cheques by which I paid the sums mentioned, 1,400l. and 687l., to the respective brokers—before they were finally paid the office required a letter of indemnity on all of them—this letter, marked "W," is the letter of indemnity which was given in respect of the goods—the insurance on the goods was effected by Lyndall and Hall, and the other two by Selden and Johnson—the 1,400l. cheque was paid to Selden and Johnson, and the 687l. cheque to Lyndall and Hall—I received two letters of indemnity, one from each party—these three papers, marked "O O O," "P P P," and "Q Q Q," are the slips which were severally produced by the agents to effect the insurance—I received two of them for that purpose—I did not receive them from the agents themselves—one I did—they were the slips produced at the office, on which the policies were issued.

MR. STOTT re-examined. This letter, marked "X," is in the handwriting of Mr. Selden, and the signature is Michael Wallace's—I do not know the handwriting in the body of the one marked "W"—but the signature is the prisoner's handwriting—this letter marked "Y" is not the prisoner's writing.

(The letter marked "W" was a letter of indemnity for salvage to the Neptune Insurance Company, signed "M. and P. Wallace." The letter marked "X," was a similar letter of indemnity to the Marine Insurance Company, signed "Michael S. Wallace." The two cheques marked "U" and "V" were on the Union Bank of London.)

THOMAS JOHNSON . I am a ship and insurance broker, in partnership with Mr. Selden—I effected these two policies, marked "Q" and "R," with the Neptune, for Michael Wallace—I did not see him on the subject, personally—I received these four letters in the course of the transaction—I believe this letter marked "Y," to be Michael Wallace's handwriting, but I never saw him write—I have been in the habit of corresponding with him, and have acted on his letters—I believe it to be his handwriting—the letter marked "Z," I also believe to be his handwriting, and these marked "A A," and "B B," also.

(The letter marked "Y," was dated 9th of August, 1839, from Michael Wallace to Messrs. Selden and Johnson, thanking them to say what they could effect an insurance on the brig Dryad, Loose, master, and outfit on her voyage from Liverpool to Santa Cruz, in the Island of Cuba, and back to Liverpool, with a general cargo; also on freight out and home. The note marked "Z," was from Michael Wallace, requesting to know if they had covered the 700l. on the Dryad. The letter marked "A A" wasas follows:)—

"To Messrs. SELDEN and JOHNSON. Cooper's-row, August 10th, 1839. "Gentlemen,—As I now find that the Dyrad must positively sail on the 20th instant, and having also learned that Messrs. Howden and Ainslie have covered their share of insurance in the Marine Company, and not wishing them to know that I give any thing past them here, I will therefore thank you to effect insurance for 700l. on ship and outfit, valued at 2,700l., in one or other of the Companies, excepting the Marine or Lloyd's.

Please to let me have a copy of the policy, as I go down this evening to Liverpool. Yours very truly, MICHAEL S. WALLACE."

"I hope to be able to give you part of the chartered frieght, out and home, to do also."

(The letter marked "B B" was dated Liverpool, 14th of August, 1839, from Michael Wallace to Messrs. Selden and Johnson, requesting them to value the Dryad in the policy, at 2,400l., and outfit at 300l., and to cover 700l. on chartered freight out and home; and as the rest of the risk was in the Marine, wishing this to be in a different Company.)

THOMAS JOHNSON (continued.) These papers, marked "O O O," and "P P P," are the slips which were handed in to the Neptune, and on which the policies were issued—they are signed by me—a total loss on the policies was afterwards received by my partner, by desire of Michael Wallace—I received it on the 5th of February, 1840—this cheque marked "C C," is in my partner's writing, and was the cheque by which the proceeds of the policies were paid by my partner to Michael Wallace—his name is on the back—it is for 1,400l., less the premium and the commission.—(This was a cheque for 1,278l. 18s. 6d., on Messrs. Cwrries. Endorsed, "Michael S. Wallace.")

ROBERT SELDEN . I am the partner of Mr. Johnson. This cheque it in my handwriting—I delivered it to Michael Wallace—it was endorsed in my presence—this letter of indemnity, marked "X," I sent down to Cooper's-row for the signature of Michael Wallace—it was returned to me signed.

HENRY HALL . I am in partnership with Mr. Lyndall, as ship-brokers, in Leadenhall-street. This policy marked "S" was effected through my agency in the Neptune for 687l., by order of the prisoner—the order was in writing, merely on a slip of paper—I have not got the paper I received from him—I made out my slip to take to the Neptune from the paper that was handed to me—this, marked "Q Q Q," is it—I did not make it out myself—the clerk at the office did from my instructions—I signed it when the policy was prepared—I afterwards made a claim on the Neptune in respect of that policy for a total loss, by the prisoner's directions—(These were the instructions for the policy, marked "S")—the day after effecting that insurance, I effected another for 600l. with the Indemnity Mutual Marine Insurance Company, by Michael Wallace's directions—I also claimed on that insurance for a total loss by the prisoner's directions—he brought the protest—this bill of lading marked "T" was produced to me by the prisoner at the time I was instructed to make the claim—that bill of lading refers to the Neptune. On the 29th of January I received this letter marked "D D"—I believe it to be Michael's writing.—(This was a letter from Michael Wallace to Messrs. Lyndall and Hall dated "18, Cooper's-row, 29th January, 1840," stating that he had to start for Liver-pool that night, and requesting them, when they received the cash from the Mutual, to pay it to his brother whose receipt would stand for his (Michael's.)—My clerk received the money from the Mutual, and brought it to me—it was paid into our banker's—I paid the prisoner 500l. on account afterwards—I had not received the money from the Neptune then, only from the Indemnity Mutual for 600l.—I paid him about the 29th or 80th of January—on the 5th of February, I received the amount from the Neptune—on the same day I gave to Mr. Lindell, a junior clerk in our establishment, a cheque for 700l., marked "F F"—that was on account of both policies, the remainder of what had been received from the Indemnity Mutual, and what I afterwards

received from the Neptune—before I received the money from the Neptune a letter of indemnity was required—I got one—this cheque for 500l., marked "E E," is the cheque I gave him—(these cheques were on Currie and Co.)—on the following day, the 6th of February, I gave this cheque on Currie and Co. to the same clerk, for 5l. 13s. 2d., the balance—I do not know the writing on the back of it.

MR. STOTT re-examined. The signature, "P. M. S. Wallace," on this cheque is the prisoner's writing—the second endorsement is my own—(read.)

WILLIAM STEWART . I am subscribing witness to this policy, marked "K K"—it is executed by two directors, William Astell and George Hibbert.—(This was a policy for 600l. upon freight of the Dryad on the same voyage.)

OLIVER THOMAS LTNDALL . I was, at the time in question, clerk to Lyndall and Hall, ship-brokers. I received from Mr. Hall, a cheque for 700l., to be paid to the prisoner—I paid it to him, and he endorsed it in my presence—the endorsement was on the back of it when I was before the Magistrate, but it has been partly torn off since—I also received from the same gentleman this cheque, marked "E E," for 500l.; this was also paid in the counting-house to the prisoner in my presence—I believe it was handed to him by Mr. Hall—the body of this letter of indemnity, marked "W," is in my handwriting—it was signed in my presence by the prisoner.

FRANCIS LOUIS PHILIP SECRETAN . I am an underwriter to this policy, marked "K K K"—there are two other underwriters.

SAMUEL MARSHALL . I am an underwriter on this policy, marked "X X X," for 3000l.—there are fourteen others—I know the handwriting of all of them.

ROBERT JOHN LODGE . I am Secretary to the Marine Insurance Company. I am a subscribing witness to this policy of our Company, marked "O," for 2000l. on the ship Dryad, valued at 2000l., dated 10th of August, 1839—the policy is executed on the part of the Company, by John Stewart and Benjamin Green, directors, signed for themselves and other members of the Company—in January last year, a claim was made at the office as for a total loss on that—the loss was adjusted by our office, on the 8th of January, with Messrs. Howden and Ainslie—they had an account with us for premiums—on settling this policy, I gave them a cheque, deducting the claim I had on them for previous premiums—this cheque, marked "P," for 1411l. 0s. 10d., is the one I gave Howden and Ainslie's clerk—the difference was set off against their account—(This cheque was dated 10th of January, 1840, on Messrs. Giynn, Halifax, and Co.)

CHARLES BAHR . I am in partnership with Mr. Berins, at Liverpool, as ship and insurance brokers—our firm effected an insurance, of which this, marked "No. 1," is the policy, for Michael Wallace—I saw him myself on the subject of that insurance at Liverpool, more than once—I cannot recollect ever seeing Loose, who is mentioned as the master of the vessel—my partner told me he was in our office, but I cannot recollect him—I don't know that Michael Wallace was there at the time—I claimed for a total loss under that policy, somewhere in January, or February, last year—we did not receive the whole amount—we received 500l.—the amount of the policy is 650l., 500l. on the ship, and 150l. on the captain's effects—I paid the 500l. to Michael Wallace—we made a claim for the captain's insurance, 150l. by Mr. Wallace's desire, but the Company refused

to pay that—we afterwards gave the policy up to the Company without pressing for payment, because we thought it was not right—we made inquiries, and were quite satisfied the goods were not on hoard—Mr. Wallace had told us to insure 150l. on the captain's effects.

Cross-examined by MR. PHILLIPS. Q. Had you ascertained that Loose was dead? A. No: Mr. Wallace sent us some documents stating that he was dead—it was not on that account that we made no claim, but on account of the effects not being on board.

FROST. I knew Captain Loose, the master of the Dryad—I have seen him write—I believe the signatures to these three bills of lading to be his.—(These bills of lading, marked "D" "M," and "I I" were here read, certifying the delivery on board of the goods insured in the Alliance, in the General Maritime, and also the goods upon which Zulueta and Co. effected insurance.)

PETER KELLY . I was clerk to Zulueta and Co. I entered their employ in 1831—they carry on business in Liverpool, and also in London—I belonged to the establishment at Liverpool upwards of nine years—they are exporters of goods to Cuba—I recollect their freighting the brig Dryad in the summer of 1839—there were, I believe, about four clerks in the Liverpool establishment of Zulueta and Co.—I was the shipping clerk, and also managing clerk—the Dryad was lying in the George's-dock, at Liverpool—I saw her—I know Captain Loose by sight—I became acquainted with him as master of this vessel—I recognized him as such—he came to our counting-house several times in the way of business, and I was on board the Dryad, from time to time, during her loading—I knew Michael Wallace as the owner of the vessel—I saw him at Liverpool while the vessel was loading—the vessel began to load some time in August, I think—I cannot say that I saw Michael Wallace on board the Dryad—I had no conversation with him, only relative to the dispatching of the vessel—the only conversation I remember was his requesting me to dispatch the vessel—I saw him two or three times at Liverpool, at intervals of a day or two, perhaps—the ship was advertised for Cuba—no goods offered for her besides Zulueta's goods—I saw the goods that Zulueta and Co. sent, going on board—this is the bill of lading for the goods (marked "I I"—the body of it is the hand-writing of a young man, a shipping clerk, who was under my directions at the time—he was in Zulueta's house—it was made out according to my directions—this bill of lading contains the whole of the goods that were shipped by Zulueta and Co. on board the Dryad—to the best of my recollection, about a week was taken in putting them on board—the ship was lying close to the quay—she had not what we call a quay berth—part of the goods were sent in carts, and others in barges, which we call flats, (they are called lighters in London,) and there they were put on board—I believe they were all on board on the 5th of September—I was on board the Dryad after they had all been shipped—there were no other goods on board besides those shipped by Zulueta and Co., that I know of—if there had been on board 30 tierces of beef, 43 barrels of pork, 35 firkins of butter, 50 crates of earthen-ware, 6 cases of flannel, 2 cases of cloth, each containing 10 pieces, 2 cases of prints, each containing 50 pieces, 39 tierces of beef, 52 barrels of pork, 38 firkins of butter, and 25 crates of earthen-ware, and I might have seen them—I did not see any other goods besides those mentioned in the bill of lading of Zulueta and Co.—the last time 1 was on board was a day or two before she sailed—at that time I did not see any goods on board besides those belonging

to Zulucta and Co.—if any goods had offered from our advertisement, an order would have been required for receiving them on board—in this case, if any goods had offered, they could not have gone on board without an order of the consignees, Zulueta and Co., according to the advertisement—they had the entire management of dispatching the vessel with her outward freight—they had the whole of the vessel outwards—it was part of my duty to see what goods were put on board—if I had seen any other goods on the quay, as a matter of course, it would have been part of my duty to have named it to the principals, or if I had seen any other goods shipped—I did not see any others—I saw no others than according to the bill of lading—Michael Wallace never applied to me for leave to put any goods on board, except those of Zulueta and Co., nor did the master—I do not think the provisions I have named would occupy a great deal of space, from the number of them.

Q. Suppose they were worth 2666l., would they occupy a small space? A. It would entirely depend on what goods they were—earthen-ware would occupy a very large space—tierces of beef and pork, and firkins of butter, would not occupy a great deal—the value of a tierce of beef is generally considered 5l.—it would not occupy a space any thing like earthenware—88 crates of earthenware would occupy a great space, perhaps eighty tons, about a ton a crate—the crates generally sent to Cubs are about a ton each—I suppose a tierce of beef would measure about a fourth part of a ton, but I am not confident of the exact size, for I never saw one measured—I cannot say the exact measurement of 95 tierces of pork, perhaps five tierces to a ton—butter would take a very small compass—a keg of butter is a very small package—the articles enumerated in these three bills of lading might have occupied about ninety tons of space—the earthenware would form the greatest portion of the bulk—I scarcely think there could have been ninety tons of goods on board the Dryad without my perceiving it—I think fifteen tons would be occupied by the beef, pork, and butter, thereabouts, I cannot say with certainty—about ninety tons, I suppose, altogether—the tonnage of the vessel was 204, but the would carry considerably more—I should consider between 300 and 400 tons—that was her registered tonnage—I saw where Zulueta's goods were stowed away—they did not fill the ship—about one-third of the ship remained unfilled—I cannot exactly say whether Zulueta's goods were sufficient to fill two-thirds of the ship—I should say Zulueta's goods were sufficient to fill up the ship, as she appeared to be filled when I last saw her. Q. Suppose no other goods to be on board except Zulueta's, goods, in your judgment were they sufficient to fill two-thirds, as you saw her? A. In my opinion I thought they were—that is my opinion now—I was present when the captain made his declaration at the Custom-house—I am not quite certain whether that was after the bill of lading had been signed—it is quite immaterial whether the declaration is made after or before the bill of lading is signed; sometimes it is one way and sometimes the other—I cannot say that it is usual for a declaration to be made till the lading of a ship is completed—generally a vessel is loaded before they clear her at the Custom house—she could not be cleared at the Custom-house till the master has made his declaration—that is the act of clearing her—sometimes goods are taken on board after the master has made his declaration—if more goods are taken on board after the first declaration, there is a fresh entry—there ought to be—there was no entry made respecting the Dryad after

she was first cleared—I am not confident whether I was on board after she cleared—I was down at the dock to the vessel after she cleared, but I did not go on board—I do not believe I was on board after she cleared—the last time I saw her she was two-thirds filled, to the best of my judgment—she was in that state at the time she was cleared—no other goods offered—I did not know Maxwell, the mate, at that time, I have since—I recollect his coming to the ship—I do not know whether the vessel had cleared at that time, or not—I think he waited on me a day before she sailed, or a day or two before—two day, I think, it was, to the best of my recollection—I had been on board down to the time Maxwell joined her—at that time she was two-thirds full, as I have described.

Cross-examined by MR. PHILLIPS. Q. When did the ship come into the port of Liverpool? A. I think in the early part of August—I am not sure it was not in July, it may have been—the loading of her was finished two or three days before she sailed, say two days—I cannot give the dates—I was not on board night and day till Maxwell came—my employers had chartered the Dryad—if any goods had been put on board to their knowledge, the freight must have been paid to them for the goods, they were justly entitled to it.

Q. Therefore, if any party wished to ship good on board, so as to avoid the just payment to your employers of the freight, they would do it clandestinely? A. True—there are what are called dock-berths at Liverpool—Captain Loose did not take a dock-berth—she had what we term a stage-berth—she must be approached by boats on one side, and from the other side you could get to her from the quay—there was not access to her from the open river—the lighters which were putting the crates of earthen-ware, on board lay alongside of her during the night—I was down in the bold of the vessel last while they were taking in the salt—she bad things put into the hold after I was there, as a matter of course—it is customary occasionally to ship earthenware to the place to which she was going—it might have been five or six days before she sailed that I was down in the hold, or it might be a week, it could not have been ten days.

Q. Is it not customary at Liverpool sometimes to ship goods on board ships in fraud of the persons who have chartered her, so as to smuggle them without paying freight? A. It has never come to my knowledge—it may have been done, but I do not know it—if I did know it, it would, of coarse, be my duty to prevent it—it would not be to the interest of the person committing the fraud to let me know—I saw Michael Wallace two or three times while the vessel was lading—I cannot exactly say the number of times—I could not swear I did not see him half a dozen times—I may have seen him half a dozen times, not a dozen—I will swear that—I never saw him on board—I saw him twice with Captain Loose—property might have been put on board clandestinely after the bills of lading were made out, without my knowledge—there are ten keg of paint in the bill of lading, I believe—if any other kegs of paint were put on board, it must have been without my knowledge—I did not put any on board that are not contained in the bill of lading—I swear that positively—I think ten kegs of paint were sent down to the vessel afterwards, which are in the bill of lading—there was no new entry for that in the declaration—it was ten or fifteen kegs of paint—it is in the bill of lading—I have been examined before on this business—I believe there were fifteen kegs of paint,

end some hardware, put on board after the declaration—the bill of lading will speak for itself—I did not take them on board myself—I ordered them on board—we did not make another clearance at the Custom-house on that occasion—it was so trifling, it was scarcely considered worth while to take the trouble of clearing the vessel again, it was a mere trifle—I do not suppose they paid any duty.

MR. ATTORNEY-GENERAL. Q. Down to what time did you try to get goods to fill up the vessel? A. Down to the last moment—I first went on board the Dryad immediately she commenced taking in—I cannot speak to the date—it was more than three weeks before she sailed—she had nothing in her then—none of our goods were in her at that time—I cannot say whether she had anything in her on the 20th of August—I cannot speak with any certainty as to the date, and should not like to say positively—she may have had earthenware or salt—it is not at all probable that she had any thing on board except the goods we sent—no goods could go on board before ours—(The bills of lading were dated the 25th and 20th of August)—this paper is a notice of intention to enter the vessel for the loading of goods—it is dated 15th August—at that time no goods whatever had been loaded on board—this notice to load was written by my directions—it may have been two or three days after that the loading began—there is no gate to the dock where the vessel laid, not on either side—you cannot bring goods into the docks the same as in London—they are wet docks—earthenware and salt goes in from the lighter, and the other goods come from the quay—it would take a day, or a day and a half, to put eighty-eight crates of earthenware on board, according to the circumstances—it would take a day at least of eight or nine working hours—it would require the use of tackle to get such goods on board, and a good many hands—it would take perhaps two or three hours to get provisions, such as butter, pork and beef, on board—I had an opportunity of seeing the state of the hold within two or three days before she sailed—I could see the hold from the main hatchway, without going down into it—down to that time we still expected to get goods to fill up the vessel—we should have taken any goods that offered, down to the time of her sailing.

THOMAS SHERLOCK . I am clerk and examiner for the clearances in the Customs at Liverpool. I produce the entries of the goods on board the Dryad, on her passage outwards, marked "XXX"—the pockets go with the vessel—I also produce the declaration of the master—these are the copies of the entries from the books of Liverpool—the entries are made before the shipment of the goods.

MR. FROST re-examined. The subscription to this declaration is in the handwriting of Captain Loose.

PETER KELLY re-examined. The signature "Peter Kelly" to these entries are my writing—(These entries being read were for the goods shipped by Zulueta and Co., valued at 3,000l. The declaration by Loose only enumerated those goods.)

THOMAS SHERLOCK . continued. The duty on earthenware is 10s. per cent generally on the export of goods—salt is free—provisions are always 10s. per cent.—I did not know the Dryad at all—these three entries are entries of every thing that was represented to the Custom-house at Liverpool, as being on board the Dryad before she sailed—I know the situation of the George's docks at Liverpool—they arc not at all secured at night—they are not walled—they arc not open to the river except at high

water, when the gates arc open—the gates are not open except at high water—if the gates are not open, there is no access for boats or any thing else to come from the river into the docks—I do not suppose a day and a half's work in loading a vessel with smuggled goods could be done—it could not be done except at high water—dock gatemen attend to the gates—there is always something going out each tide—the officers all attend there at high water.

Cross-examined by MR. PHILLIPS. Q. So that it would be utterly impossible to smuggle any thing at Liverpool, they are so strict? A. I do not pretend to say that—I do not know that there is a great deal of smuggling going on there—the freight to Cuba would be much more than the duty, I should think, but I have nothing to do with the freight.

Q. Do not the bill of lading and declaration totally differ? A. I do not know what they put in the bill of lading—this is agreeable to the pockets, that is all I can speak to—the bill of lading is a document I know nothing about—I cannot say the bill of lading and the declaration do not correspond, because there are forty tons of casting named, and it is impossible for me to say what it is.

MR. ATTORNEY-GENERAL. Q. You have looked at the entries and the master's declaration, and they correspond? A. I have—we have nothing to do with bills of lading.

ALFRED JOHN TATE . In 1839, I was master of the Bencoolen, bound for Cape Hayti; on the 23rd of October 1839, we were off the harbour at Cape Hayti—my vessel was 402 tons—a pilot-boat came on board with three pilots in it, and all came on board—there is a reef of rocks about two and a half or three miles from where the pilots boarded us—I observed a brig to the eastward of us which turned out to be the Dryad, Captain Loose—she was eastward of us, and going right stem on the reef—this reef laid down on the chart produced, is well known to mariners—here is what is called the "Silver Bank"—he was going on the reefs right off the harbour's mouth—they form the outside part of the harbour, and extend about fifteen miles down to the eastward—the direction the brig was taking was the subject of remark—we waited some time to see if she would alter her course, but she did not—the pilot on board made a remark to me—seeing she did not alter her course, I fired a gun as a signal to her—she paid no attention to that, but still went on—as she did not alter her course, I ordered the pilot on board to go away in his boat directly on board the brig as quick as he could, as I thought she was in danger—the pilot pulled away and boarded her—she did not alter her course till he had boarded, but was still steering right in the direction of the reefs—the wind was blowing very little indeed from the west—it was a very little westerly wind, I believe, but am not very confident of that—she was being carried in that direction by the wind—she could have avoided it—when the pilot went on board she altered her course, and then came up into the harbour—I afterwards saw Loose on shore—he said something to me. about the Silver Bank—I observed that his rudder had unshipped, and a jury rudder was made—she carried away her jury rudder and iron—a day or two after, I was required to attend a survey on board the vessel—a gentleman there officiated as Lloyd's agent—the brig was surveyed and repairs ordered—I remained there seven or eight weeks—Loose remained thereabout a fortnight—I saw him during that time almost daily, and conversed with him about the brig, where she had been and what had happened to her—I saw him during the survey—I

saw Maxwell, the mate, eight or nine days after I arrived—he applied to me for a berth, and gave me a reason why he applied—I met the captain at a person's named Kellett, with the chief mate—the captain paid the mate's wages and discharged him—he applied to me for a berth, which I gave him, on his giving me his reason—I saw none of the crew on shore, except the mate—I did on board—they made a complaint in my hearing, but not to me—I remember the Dryad leaving Cuba, after her repairs, a fortnight or three weeks after she came in—I saw Col. Villason, the colonel of the port, the day after she left—he made a remark to me, and I think three or four days after that, I heard of the loss of the Dryad—when I was surveying her for repairs, I saw down her aft-hatchway, and from what I saw, I should say she was about two-thirds full of goods, but I could only see the aft-hatchway—the log-book was never shown to me, nor to any body that I know of.

Q. From what you saw of the course of the vessel on the reefs, yon fired a signal, did it appear to you she had an opportunity of avoiding them long before she did? A. Of course, she had no business there at all—there was nothing I could observe in the weather, or in the management of my own vessel, that could lead them there.

Cross-examined by MR. DOANE. Q. Do you know Maxwell very well? A. He has been with me about nine months—I saw a person taken out of Court just now—I believe it was him (Maxwell) that made a disturbance in Court just now.

MR. CLARKSON. Q. Did he appear tipsy? A. I think so, or he would not have come here.


THURSDAY, March 4th, 1841.


RONALD MAXWELL . I sailed as first mate of the Dryad, on a voyage from Liverpool, bound to Santa Cruz—Captain Loose engaged me in Liverpool, on the 4th of September, 1839, on board the Dryad, to go this voyage from Liverpool to Santa Cruz, from there to St. Jago de Cuba, and from there to Swansea, that was my understanding when I engaged—I have been brought up to the sea, and have commanded a ship in the South American trade—I have often crossed the Atlantic, and have been to the West Indies—I am acquainted with the navigation of those seas—I was in the hold of the ship on the 4th of September, the day I joined her—we took in a few cases of hardware, and a few kegs of paint—that was all the cargo that came after I joined her, and they came by Zulueta's bills—I signed bills for them as mate—it is customary for two notes to come down with goods to the ship, one the mate signs, and that goes back, and the other is kept—from the time I joined the ship, on the 4th, till she sailed, no goods were received, except those from Zulueta's—I am quite confident of that—I locked the ship up every night before I left her—I saw her again in the morning—when the lading was completed, one-third of the ship remained unfilled—I am sure eighty crates of earthen-ware were not loaded on board after the 4th—there were none, nor any cases of flannel, cloth, or prints, nor any tierces of beef, barrels of pork, or firkins of butter, only for the ship's use, and they were on board previous to the 4th—I saw the hold every day from the time I joined the ship till the ship sailed—I am quite sure no goods, except those I have mentioned,

were brought on board after that time, only the kegs of paint and cases of hardware, that is all—she was ready for sea previous to that, but it was found out her foremast was bad, it was taken out that day, and we put a new foremast in that day, we had two tierces of beef, and four barrels of pork on board for the ship's use—that was a scanty quantity to carry us on the outward voyage—I have always seen, for the last fifteen years, that a ship on that voyage is provisioned out and home both—I am sure she had not provisions for the homeward voyage—we went out of the dock on the 6th, and entered the river, and sailed on the 7th—we had ten hands on board, all hands included—in going round Ireland, we went through the North Channel—we fetched Carlingford light on the Irish coast—I believe it is not unusual to go by the North Channel, according to the wind—Captain Loose directed me to get tackles rove and coiled in the long-boat, so that if we wanted her, she would be the quicker put into the water—we had no logline when we sailed—I endeavoured to replace it by making one of spunyarn, but I found it quite insufficient for the purpose, it was too heavy—we had no proper logline during the voyage, while I remained on board—I found the larboard pump was choked the first time I endeavoured to sound it—a short time after we were at sea, I cannot say the exact time, I tried to clear it out, but was not able to do so—I told Captain Loose of it—he said nothing particular—the boy was in the cabin, and came on deck to me—the larboard pump was never made to sock—I believe there was a chronometer on board, but I never saw it, I was told of it—I made an application to the captain to be allowed to make use of the chronometer, which would have allowed me to know the longitude of the ship—he would not allow me to see it—we pursued our course to the West Indian seas—I had never been to santa Cruz before.

Q. Do you know what was the proper course to be pursued in crossing the Atlantic, and going to Santa Cruz? A. There is generally one track laid down on charts as a guidance—Captain Loose followed the track part of the way—he deviated from that track about longitude 59 west, or thereabouts—he steered to the northward—we first made land in the West Indies at Virgin Gorda—I saw the land there—this is Virgin Gorda, (pointing it out on the chart)—it is laid down here with a V. and Gorda only—I told the captain I had seen the land—he came on deck—he remained on deck about five minutes, and then went below again—he said nothing—shortly afterwards I observed breakers ahead, and low land—the breakers denoted a reef, and the low land was the main land of Anegada—we were probably about five miles from the breakers when I first discovered them ahead, or four or five miles, I cannot exactly say the distance—I went down and told the captain—I found him in bed—it was between six and seven o'clock in the morning (I had seen the land just at day-break) Benjamin Shultz was at the helm—I told the captain I could see breakers a-head, and low land—he jumped out of bed, and followed me on deck shortly after—I told Shultz to put the helm down, and let the ship come round to keep her off the breakers—the captain ran to the wheel, and hove the helm up again, that had the effect of keeping the ship direct on for the breaker a—he took the wheel himself, and remained at it a short time only—the crew complained—Thomas Hunter and Henry Simpson, two of the seamen, came into the waist, and said if the captain did not put her round, they would take charge, and put her round themselves, they were not going to be lost through him—the captain on that

left the wheel—Benjamin Shultz, the carpenter, again took the wheel—he put the helm down again, and the ship came round.

Q. How near had you got to the breakers when Shultz put down the helm the second time? A. The ship just cleared the breakers, and nothing more—a few minutes, and she would have been on shore—after she was round, the captain mentioned to me, that he did not think she was so near—when he first came on deck, and took the wheel from Shultz, and told me to mind my own d—d business, and to take the studding-sails in—after the ship was brought round, he said he would have me tried for mutiny, for taking charge of the ship from him—this was on the 17th of October—we then proceeded on our voyage—on the 19th we were on the Silver Keys, (pointing it out on the chart)—in some charts it is called "keys," and in others "bank"—it is to the north of the island of St. Domingo.

Q. Ought he to have gone to the south or north of St. Domingo to reach Santa Cruz? A. I consider the south passage, between Antigua and Guadaloupe, is the way—I have crossed those seas—that would bring us to the south of St. Domingo, and make the island of Jamaica in passing—that is the usual way.

Q. Supposing a ship were to go to the north side of St. Domingo, ought she to have come on the Silver Keys? should she come so near the shore? A. She ought to have been higher the shore to have avoided it—the Silver Keys is laid down on all the charts that I have ever seen of that part—the first thing that attracted my attention on the Silver Keys, on the 19th of October, was a rock on the larboard bow, about 300 fathoms off, more or less—I cannot swear to the exact distance—it was about half-past six o'clock in the morning, or between that and seven—I immediately mentioned it to the captain—he was below—he came on deck—I pointed out the rock to him—it was easily to be discerned—the captain said he could not see it—I saw it with my naked eye—the captain had his telescope in his hand—the water ahead was discoloured, which indicates a shoal in those seas—soon after that one of the crew from the fore-yard called out "Rocks under her fore-foot"—the fore-foot is the bow of the vessel—I ran forward, and likewise the captain—I looked over the bow, and saw the rocks—the captain said, "Oh, we are lost! we are lost! we are all lost!"—immediately after the ship struck—she remained fast for the space of from fifteen to twenty minutes—we cleared away the boats—the captain ordered the jolly-boat to be hove overboard—we put her on deck, and got the tackle up ready to put the long-boat over to save ourselves—after about twenty minutes the vessel dragged off the rock, the sails being all set, and the breeze increasing—she had suffered no perceptible injury at that time—she was making no water—she went on a short distance, until she struck another rock—she remained fast on that only a few minutes—she dragged past that—the captain was in the cabin during this time—he was putting a life-preserver on part of the time—when she dragged off the second rock, our rudder was disabled—two pintles were injured, which caused the rudder to unship—we trimmed the sails, to keep her before the wind—I proposed to make a temporary rudder, and applied to the captain, having no spare topmast on board, for the main boom, for some pieces of oar and the sprit-sail yard, to make a temporary rudder, which he refused, there being no spare spars on board—he said we were in a nice predicament; a ship at sea without a rudder; it would have been better if we had been all asleep a day or two previous, and let her go

ashore at Anegada—Shultz made a temporary rudder from the studding-sail booms, the long-boat's oars, and some spare pieces of plank—it was an assistance in steering her—on the 20th we made the harbour of Port-o-Plata, on the coast of St. Domingo—from the 20th to the 22nd, we proceeded close along the land—in my judgment it would have been better to have had a better offing—we were sometimes so near as to be almost among the breakers—it seemed to me there was danger of getting ashore there—the men had all their clothes ready packed up, if they should get ashore—on the afternoon of the 22nd of October we were close in with a reef that lies off the harbour of Cape Hayti—the jury-rudder unshipped, and we trimmed the sails, to keep her before the wind out to sea again—the captain gave those orders—he asked me what 1 thought was best to be done—I told him there was no danger to run into the harbour; the wind was fair for that—the captain told me to go forward and call David Davis, who was acting as second mate, and Benjamin Shultz the carpenter, to see what their opinion was—I did so—they came on the quarter-deck, and said the harbour was before us, and they thought we might get in—the captain said he would not, he had no pilot on board, and if any thing happened to the vessel, he should lose the insurance—I told him the only plan then was to keep her out to sea that night, we could replace the jury-rudder very soon, to get in in the morning, and get a pilot, by the time the sea-breeze set in—the captain went to bed about eight—about nine I saw a sail on our larboard quarter, I mentioned it to the captain—he came upon deck—I said she looked like a large ship, probably a man-of-war, and could give us assistance, if we were to run down to her—we could easily have done so, we could have gone down before the wind to her—we did not do so, the captain would not allow us—he said he wanted nothing with her—he went to bed again, and told me to call him at twelve—at day-break we were at the south-east of the entrance of Cape Hayti—when the day dawned, I saw a ship a little to the northward of the entrance of the port—we were steering towards the reef—I could see the breakers ahead, probably two miles off—the captain came on deck about seven—at that time we were steering towards the reef—she was steering the course that he ordered when he left the deck previous—I cannot say what time it was that he gave those orders, for I was in bed—he gave the orders to the second mate—when he was on deck, about seven, we were steering towards the reef—no signal was made from the Dryad—the ship we saw to the northward fired a gun and hoisted an ensign—I afterwards learnt she was the Bencoolen, commanded by Captain Tate—I understood the meaning of the firing of that gun, it was to warn us we were running into danger—she had likewise the Union-jack flying at the fore, as a signal for a pilot—we were not allowed to hoist one—I proposed to hoist one—the captain said, if they were too lazy to come off without a signal, let them stop where they were—we kept on the same course till a pilot came on board—it was almost a calm—she was going very little through the water—I went below, and told the captain the ship to northward had fired a gun and hoisted a signal—he said that was nothing to him—he said nothing more, and I left the cabin—the pilot came on board about eleven in the forenoon—the Dryad had not altered her course up to that time—the captain called the pilot aft, and showed him our jury-rudder, and asked if he would take charge of the vessel—he said he would; if the crew would work the ship in he would take her in—we

first saw 'the boat, with two pilots in her, go to the Bencoolen—one of them was left in the Bencoolen, and the other came towards us from the Bencoolen, and as he came he waved a flag, which meant for us to bear down towards her—we did not bear down towards her—the captain was on deck at the time, he saw the signal—the Dryad did not alter her course till the pilot came on board—before the pilot came on board he hailed us, and asked where we were going with the vessel—we were about half a mile from the breakers at that time—we were going very little through the water all the morning, it being very nearly a calm—the pilot took us into port—that was on Wednesday, the 23rd of October—I left the Dryad at Hayti on the 2nd of November, I got my discharge—I assigned a reason to Captain Loose for leaving her—he paid me my wages, except 2l., which ought to have been paid at Liverpool—I then went on board the Bes-coolen with Captain Tate—(looking at the charts)—the course the Dryad took till she came to Hayti is delineated in this chart by this blue line, and here is where she deviated from what I consider the proper track—this. red line denotes the track which I think she ought to have gone—there is also a blue and a red line on this other chart—the blue line indi-cates the course she took till she came to Port Hayti, and the red line the course 1 think she ought to have taken—in my judgment she ought to have gone on the south side of St. Domingo, between Guadaloupe and Antigua—in going to the north of St. Domingo she ought to have gone nearer shore, to avoid the Silver-bank—and if she had missed the Silver-bank, in the course she was taking, she would have run direct for other shoals—in coming from Port-o-Plata to Hayti, she ought not to have gone so near the shore as the blue line denotes—it was very dangerous—there are shoals and reefs there—if she had followed the track marked by the red line, the danger would not have been so great—there was nothing in the state of the wind or weather to render it necessary she should keep so close in shore—the wind would have enabled her to keep any distance—I cannot mention any object the captain could have had, for the proper navigation of the ship, in keeping her so near the shore—there was no necessity or occasion for it—I was not afraid, as she was sailing along the shore, but I always had my suspicions.

Cross-examined by MR. PHILLIPS. Q. Where did you sleep last night, Mr. Maxwell? A. I did not sleep any last night—I passed the night in a room—I believe that room was in a house—I have no doubt about it—I did not inquire whether it was a station-house—I have a doubt that it was—I do not know that it was—I rather doubt it was, but I did not inquire—I mean I rather think it was—it was a house I was never in before—I saw both men and women there—the men were dressed in coats and trowsers—some had blue coats, with letters and figures on the collars, and some had not—I did not ask them whether they were policemen—I have not much doubt they were—probably it was from having no doubt that I did not ask them.

Q. Do you know who the gentleman was that came into Court yesterday evening, shouting to the full of his voice, and as drunk as he well could be? A. I have been told—I am very sorry that I took an extra glass of wine, therefore I cannot answer your question—it might have happened and I forgotten it—it was in a public-house that I took the extra glass of wine—I was by myself—I paid for my own wine—I got nothing from any friends of the prisoners—I was not taken up on this charge—I was not in

custody or in confinement—I swear that—I remember the examination on the 12th of November, but I was not in custody, I was on bail—there was an officer present before I was bailed—he did not mention to me that I was in his charge—I was willing to go with him wherever he chose—I did not try to go away—probably I was in his charge for a minute or two, if he bad taken on himself to have taken me in charge—bail was offered before it was asked for—bail was offered for my appearance—I do not forget having been a little merry at the Mansion-house one day before Sir Peter Laurie—I was not drunk—I was taken off to a place of confinement for it—I staid there all night—I had a good room—it was in the Compter—I cannot say whether it is a prison—I am a stranger in London—I have been coming to and going from London for the last fifteen or sixteen year at times—you say the Compter is a prison—I have no doubt of it, after you have told me so—I had the power of going out of the room, not into the street—I was aware it was some place of confinement—I do not know whether the captain is alive or dead—my belief would be that he is alive, from what I have been told—I have heard he was dead several times—there is a captain of the port at Hayti, and a colonel of the port also—the Dryad remained at Hayti under repairs two or three weeks probably, but I had left her then—she was to be seen—when the captain called out, "We are lost, we are lost, we are all lost," he called out to clear away the boats, to heave the jolly-boat overboard—the jolly-boat was at that time turned bottom upwards on the long boat—there was no tackle in the long boat at that time—we had to get the tackle—I told the captain I could soon get a jury-rudder made that would take us into port—we were about two hundred miles from Cape Hayti at that time—I cannot exactly say the distance—I told the captain that Hayti was the best port for us to go to—the captain said, if the carpenter could make any thing of the studding-sail booms we might take either of them, and the carpenter accordingly made the rudder of the studding-sail booms, some spare planks, and pieces of oars—the straps of the jury rudder gave way on the 22nd, off Cape Hayti—it was not through that that we drifted on close to the reef—we were close to the reef when the jury-rudder straps gave way—the captain ordered us to trim the sails, keep her off, and get her head to sea—we were then about four miles from the entrance of the port—we did not hoist a signal for a pilot on board our ship—next morning the Bencoolen had a signal flying for a pilot, but I was not allowed to hoist one—I never, to my recollection, said that we steered in for the harbour, having a signal hoisted for a pilot—if I ever did say so it was not true, but I do not recollect ever saying such a thing—I do not think I ever did say it—we had no signal flying—when the pilot came on board, he said if the crew would work the sails to his order he would pilot us in—I thought our having only a jury-rudder was a sufficient reason to justify the pilot in saying so—I thought it quite right the crew should be under his orders to get us into port, in consequence of the imperfect state of the ship—we were taken into port the same afternoon, the crew obeying the pilot's orders—at the time the two pilots went to the Bencoolen we were drifting slowly towards the reef—we could be seen from the harbour—we were about four miles from the harbour—the Bencoolen was nearer—she was at the entrance of the harbour, and we were not—she was probably about the same distance, as we were taking the angles of the harbour, but we had to go down in a direction for her before we could get into the harbour—it was nearly a calm when the

pilot came on board—the sea breeze had not set in—it docs not set in till about noon generally there—the pilot was about two and a half or three hours getting us in the four miles—he appeared to be doing his best to get us in—I know Michael Wallace, the prisoner's brother—I saw him at Liverpool—he was on board the Dryad at times—he was very seldom away from her during the day—Captain Loose was often in his company on board—I have seen the Dryad reported as 214 tons—I never saw her register—in my opinion her actual tonnage was about 200 tons, or a little more probably, not between 300 and 400, nothing of the kind—she could not carry 300 or 400 tons of dead weight—she might carry 300 tons of what is called measurement goods.

MR. ATTORNEY-GENERAL. Q. Was any charge ever brought against you of being concerned in casting away the ship Dryad? A. None—when I was in the Compter, I had taken a glass of wine too much—it was before Michael Wallace was apprehended, and I made jocular allusion that I thought I knew where he was, and that was the sum total of it—nothing more has ever been required of me than to attend as a witness—last night I had taken a glass of wine too much—when at sea, I never taste wine or spirits—from the time I sailed from Liverpool till I got ashore at Hayti, I was never the worse for drink—I have heard that Captain Loose is dead, but I have since heard that he sailed for America from Montego Bay, in Jamaica, in a vessel bound for the States of America—when at the Silver Key, the boats were in such a state, that we could have got them afloat easily, and have left her in them—there would have been no difficulty in doing it—we could easily have gone in the boats to Hayti—it would have taken us from ten to fifteen minutes to have got the jolly boat and long boat afloat—the studding-sail booms were not fit materials to make the jury rudder with—a spare topmast is one of the best things when it is on board—it is what is generally used, but there was none on board—the main boom and the spritsail-yard were the two largest spars on board—they could have been spared for making the jury rudder, for that distance—if the jury rudder had been made of those materials, it would have answered better—the Bencoolen was not in a position in which she was in any danger—the Dryad might have been where the Bencoolen was at day-light—I saw the union jack flying at the fore of the Bencoolen, and the English ensign at the aft—I asked the captain to allow me to make a signal, but he would not—we were about two miles from the breakers at that time—we were going in that direction—there were some small flaws of wind, very little—it carried her a little through the water—she was just moving through the water—it was between the sea and land breeze.

MR. PHILLIPS. Q. Did you not drink brandy with the captain on one occasion in the cabin? A. After leaving Anegada, he asked me to go down into the cabin and take a glass of brandy with him, after my exertions, but I did not—I thanked him, but would not take any.

BENJAMIN SHULTZ . In 1839, I shipped as carpenter on board the Dryad, on a voyage from Liverpool to Santa Cruz, in Cuba—I joined her on the 1st of September—I have recently come from the coast of Africa—I arrived in England seventeen days ago, very ill, and am so now—Captain Loose engaged me on board the Dryad—there were very little provisions on board the vessel—she was very poorly found in tackle and spare spars, and in ropes and rigging generally—after we sailed, the captain ordered me to keep the long-boat in order, to cork her well all round, and

keep her always half full of water, for fear the sun should dry her—the effect of those orders would be to keep her always, ready for sea—always kept two tackles in the boat, as we were in the English Channel, by the captain's orders—I remember the time when the ship hove, in sight of Anegada—it was on a Thursday—I do not know the day of the month—I was at the wheel at the time—I saw breakers about four or five miles ahead, and called Maxwell, the mate, and showed them to him—he told me to heave the wheel down, and turn the ship round, and then, he went to the captain—I put the ship about—at the time I firs observed breakers, she was, steering right toward, them—when I put her round, she was going away from them—the captain came on deck, he cursed me, me away from the helm, hove the helm up again, and asked who had given me orders to put the ship about—I told him I gave the orders myself, I was not a mind to run the ship on a rock in broad day light—I did no tell him the mate had given me orders to do so, not wishing to get him into any difficulty—when the captain put the helm up again she went again toward, the reef—the crew came all aft on the quarters-deck and asked the captain what he had a mind to the captain did not take the helm very long—he went down to the cabin again, I then went to the helm again, and the rest of the crew braced the yard. in order that I might again put the ship round—after potting the helm down a second time, she went away, and cleared the rocks—she was very near the rocks when I put the helm down the second time—she was very close to the rocks when she cleared them about two, minute, longer, and she would have gone fast on the rocks—I know the Silver Keys—we got there on Saturday, two day. afterward,—I saw the rocks there, when we were not very far from them I could just see the breakers, ahead, and saw a lump of rock sticking up—the vessel was going right against the lump of rock—the rock was, a little on the larboard said—the Silver Key is a large shoal—I had the helm at that time—I hailed the mats—he forward look, and then went down to the captain—the captain came up and looked, and said he could not see any breaker, or rock—they were very plain to be seen—the captain had hi, glass, and looked through it—I could see the breaker, and rock with my naked eye from the wheel—about five minute, after a man on the fore yard shouted out there was not four feet of water under our keel, there was a rock—the captain was on deck all this time—he did not do any thing—about five minutes after the man cried out the vessel struck—the captain was very frightened at the time; he was shouting out, "what shall we do, lads? we are lost"—the long—heat was stowed in the boat's gripes on the deck, and the jolly-boat was on the top of her—that is the usual way in which she was stowed—the captain was on deck all the time—nothing was done to get the boats out—when the vessel struck, two pintles were knocked off the rudder, and the rudder un-shipped—this was about even o'clock in the in the morning—the captain did not remain very long on deck after she struck—he went below—I did not see what he was doing below—we took the rudder up and hoisted it on deck, and I then made a jury rudder of such wood as the captain, gave me—the night before we made St. Domingo, the strap the jury rudder to was carried away—this was about nine day. after I made the jury rudder—we ran all along the coast of St. Domingo—there was a life preserver of the captain's on deck at the time the strap came off the jury rudder—the crew said if he put that on they would cut it all to piece—we were about five

miles from Cape Hayti then—we were keeping very close to the shore—there was no reason that I could perceive for keeping so close to the shore—I remember the night before the gun was fired—we kept out to sea that night, and saw a large ship to the northward of us—I saw the breakers off Cape Hayti—we were about five miles from them when the gun was fired—we were steering right on them—the ship's course was not altered at all after the gun was fired—I saw the English ensign flying from the large ship, and that is a signal for a pilot—before we kept out to sea that night I and David Davis, the second mate, had been called by the captain, and asked him what he was a mind to do with the ship—we had no rudder to her—he said it was the best way to keep her for the rocks—we told him we would not do it, we thought it would be better to keep her off the rock, and keep out to sea for the night, and try for Hayti in the morning—he then gave orders for the mate to trim the sails, and keep her off for the sea—we shipped our jury rudder again, and made a fresh strap—I stood at the wheel, and stood out to sea for the night—after the gun was fired from the Bencoolen, I saw a pilot-boat come from the harbour to the Bencoolen—we had not signaled at all for a pilot—we could make out from the Bencoolen firing the gun and hoisting the flag that we were in the wrong place, but the ship's course was not altered at all—we continued on the same course whilst the pilot-boat was coming from the harbour to the Bencoolen, right for the rock—after the boat reached the Bencoolen, she came towards us—the captain did not on that alter the ship's course—the boat bore down to us waving a flag—the captain was on deck at the time—the ship's course was not altered then—when within bail the pilot hailed us, and asked where we were going to with the ship—he at last came on board of us—up to that time our course was not altered, not before the pilot altered it—the breakers were very plain to be seen from the time I first observed them, and when the gun was fired, down to the time the pilot came alongside—we had very little wind—we did not go much through the water—I do not know whether there was any difficulty from the state of the wind or weather in keeping her off the reef—when the pilot came on board he altered the course, and then the wind was very free for us to bear off from the rock—we then made the harbour—we laid in the harbour about nine or twelve days, as near as I recollect—I and the crew complained many times to the captain, when we came into the harbour, we would not go any further with him—we made an effort to be permitted to leave the ship, but we were not allowed to do so—we were not compelled to go en in her—the captain would not allow us to leave—the Dryad left Cape Hayti on the 5th of November—I saw the reef off Cape Cruz—I recollect the day she struck on the reef—it was on the 10th—I had observed the reef about ten minutes before we struck, on a small lump of rock—I know the situation of the reef—we were close to the land all the day, and the day before—the reef was not plain to be seen when we struck—we could not see it then—we could see it very plain in the daytime—the ship's course was not altered to avoid it—Captain Loose was on deck on the night we struck on the reef, and we were acting under his orders—a sailor named Simpson was at the helm—it was about half-past two o'clock in the morning—the captain was never on deck any night except that night—he was on deck when she struck—on her striking, he said to Simpson, "Let go the wheel, and run away, or you may get hurt"—no orders were given by the captain at the time she struck—no effort was

made to get her off—the crew came on deck, and spoke to the captain—the ship did not make a drop of water—while she was fast on the reef I sounded the pump every half-hour, and she made not a drop—there were two pumps on board, but only one that we could use, the other was choked up—there was some iron of some kind in it, we could not work it—it was found so at Liverpool, and I told Captain Loose of it at Liverpool—no alteration was made in it before we left, nor any attempt to clear it afterwards—no orders were given to the crew to get the vessel off the reef—the crew were doing nothing, they were standing on deck, sitting down, and that was all—the captain was on deck for a little while, and then he went down into the cabin—he gave no orders to get her off before going down to the cabin—in my judgment, at the time she first struck, she might have been got off—no effort whatever was made to get her off, nor any orders given by the captain to the crew for that purpose—we left all the sails up, and never touched a sail to take it in—we received no orders for that purpose—the crew were willing to work, it directed—I was willing to work—if an anchor had been heaved out at her stem, and the sails had all been doused, I think she might have been brought off—about ten o'clock that day a canoe came on board—we were hard and fast then—the men in the canoe were Spaniards—the captain asked them if there was not a town close in—they said yes, thirty miles over the mountains, and there was an English consul there—the captain then took a berth with the men in the canoe, and went ashore—he staid ashore till about four o'clock the same day; he then came on board, took a boat and four men, and went ashore again—he told us he had been to the Spaniard's house—while he was gone with the four men in our boat, I and Simpson were left on board the Dryad—the ship was sound up to that time—she was tight enough then—she had made no water—we had a small boat on board—Simpson and I made some sails for her while the captain was gone on shore, and tried her—we went round the ship and some small islands—we saw a cigar-box down at the bottom, close to the stern of the ship, and an iron bolt lashed to it—we got it up, it was close to the window of the master's cabin—when we got the box up there were four or five letters in it—we dried them, and opened them—there were also some leaves of the log-book in the box—the captain came back in the afternoon—next day, about five o'clock, he had some conversation with me and the crew—we left the ship, took the long-boat and left the jolly-boat on board, and went to Falmouth, in Jamaica—it was there the protest was noted—Simpson kept the papers we found in the cigar box—he produced them to the captain, and he snapped them away from him in Jamaica, and gave him 4l. to get them—that was two days after, at Falmouth—I know nothing about the goods on board the ship—I joined her on the 1st of September—I do not know of any goods being brought on board after I came on board—if there had been a large quantity of goods on board besides the ship's freight, which would take a day or a day and a half to load, I must have seen them—I saw nothing of the sort—there was nothing brought from the water-side or pier to my knowledge—after we went to Falmouth, I do not know of any of the crew going back to the vessel—the captain went from Falmouth to Montego Bay—from the time we left the Dryad she was abandoned by the captain—before we went to Falmouth, and after I had sounded the vessel, and found she made no water, I found a hole cut through her under her stern—no rock could have made

that hole—it was big enough so that I could creep my shoulders through—about twelve o'clock the day before the captain asked me if I had sounded the pump—I told him yes, and that she was tight—I discovered the hole in the stern next evening—while the ship was on the rock the weather was very nice and quiet—there was nothing in the position in which the vessel laid on the rocks to account for the hole—when I found the hole, I sounded her, and found five feet water in the hold.

Q. After you had found that hole, and before you started for Falmouth, was the vessel in such a state that she could have been got off at all? A. No, not then—I found the hole about four o'clock in the afternoon—I left her about five the next afternoon for Falmouth—I first saw the hole from the inner part—the door of the captain's state-room was locked, but the hole was in the captain's state-room—he saw it plain—he was in the cabin before we left the vessel, and looked at the hole—he said nothing at all about it—after leaving the Silver Keys we were always among the rocks and breakers—we were afraid of coming on (he rocks, and we kept our clothes in bags ready to save ourselves—I am not able to describe the proper course the ship should have kept.

Cross-examined by MR. PHILLIPS. Q. How long is it since you gave your evidence to the solicitors for the prosecution? A. About seventeen days ago, when I came to Liverpool—I gave it immediately on my arrival—it was taken down in writing—the captain did not several times in the course of the voyage ask the opinion of Davis, the mate, and myself as to what was best to be done in steering the vessel—he did once, that was the night before we came into Cape Hayti—he followed our advice—at Cape Hayti he insisted on my stopping in the ship, which I wished not to do—at day-break the Dryad was about four or five miles off the reef—I am sure she was more than two miles off—I cannot undertake to swear she was three—the pilot came on board about eleven o'clock in the fore-noon—the Dryad was about two miles off the reef then.

Q. From day-break until eleven o'clock she had only gone about a mile towards the reef? A. She went a very little—we had very little wind—the pilot said he would take her into the port provided the crew would obey his orders—he said so on account of the unmanageable state of the vessel and the rudder—I think the vessel was cast away on purpose—I have said she was lost accidentally—I have sworn that she was lost accidentally (The protest was here read, by which Captain Loose declared the ship to have been lost through accidental circumstance; the truth of which statement was attested on oath by Shultz and others.)

MR. CLARKSON. Q. You signed a protest, which you were sworn to, that the statement of the captain was substantially true? A. Yes, I did—I signed it because we had nothing to eat, and the captain promised us our wages if we signed it—we signed it to get our wages—I had refused to sign it once before I did sign it—about 4l. and some shillings was coming to me—I was at Falmouth when I signed it, at a house where the captain was—I had asked the captain for my wages before I was asked to sign it—he promised us, as soon as we had signed it he would give us our wages; but when we signed it he did not give us our wages—he told us to go and look for our own business—Simpson then told him, if he would not pay us our wages, we had something which would soon put him in irons—he began to laugh, and said, "I should like to know what that is"—this was about eight o'clock in the evening—Simpson had not got his wages at

that time—on Sunday morning the captain sent for Simpson—I was not with him—I was in the other room, and did not hear what passed—I saw Simpson when he returned—he had not got the letters with him then—he had four 1l. notes, as he told me—I saw Simpson go to the captain, and when he came out he had the four 1l. notes—I never saw the letters after Simpson came out—I never got any part of my wages—the captain promised me, as soon as I signed the protest, he would give me my wages, and find me in grub till I had a ship; but as soon as I had signed, he told me I might go where I liked, and look after my business—he gave me a note to Wallace to the owners—I left that at Liverpool last voyage.

COURT. Q. What were the four notes you saw, Bank of England notes? A. Yes—I have seen Bank of England notes many times—they were Jamaica notes, 12s. to a 1l.,

CAPTAIN TATE re-examined. I am acquainted with the navigation of the Atlantic, and have been in the West Indian seas—if a ship sails from England to Santa Cruz, there is no occasion why she should not go on the north side of St. Domingo, bat it is customary to go on the south on that voyage; if a ship went on the north, the course marked in blue lines on the chart is not the proper course to pursue—it is wrong, being so far from the land—she should not have gone on the Silver-bank—that is well known to navigators, and is laid down on all the charts, to the best of my knowledge—when she left the Silver-bank, and got in with St. Domingo, it was not proper to keep creeping along the shore—I should say it was dangerous—in going to Hayti, I should keep further out to sea, to get the trade-winds—she ought to have gone by these red lines—I know of no fair purpose of bringing her so close to St. Domingo—if the ship came by the north side of St. Domingo to Cape Cruz, the red-line marks on the chart is the course I should take as the proper one—there would be no difficulty in getting there by that course—the blue-line marks, close in shore, would not be the proper course—there are a great many reefs off Cape Cruz, which are well known to navigators, and laid down in the charts—I know the reefs the Dryad got on, on the 10th or 11th of November, from the chart—it is distinctly laid down in the charts—by keeping on this red line the reefs might be easily avoided—I think I never saw this reef, but there are generally breakers, which give notice of a reef—Maxwell was about nine months on board my ship.

Cross-examined by MR. DOANE. Q. When examined yesterday, you said you saw from the Bencoolen the Dryad, and at that time there was a light wind? A. There was a very light wind baffling about—I cannot say in what direction—when I saw the Dryad in port, the temporary rudder might tend to make her unmanageable—it would of course render a vessel less manageable, but not unmanageable—I have crossed the Atlantic eight or nine times—I have gone by the north passage—I was obliged, as I was bound to Cape Hayti—I never made a voyage to Cuba—I did not go beyond Hayti—when I was on board the Dryad I did not see down the main hatch—I believe it was closed—when I saw the Dryad from my vessel, she must have proceeded 120 or 130 miles from the Silver Keys to be where I saw her at Cape Hayti—where she struck was about sixty miles from land.

MR. ATTORNEY-GENERAL. Q. With the knowledge you subsequently acquired of the state of the ship's rudder, are you aware of any thing, when you fired a gun and gave signal to her, which would disable her from

steering off the reef? A. I believe not—I have no doubt she might have been brought round before.

MR. FROST re-examined. After the prisoner was taken on this charge I saw him in the Compter—I was sent for, and expressed my sorrow at finding him in such a place—he declared himself to be an innocent man, and that his brother was a big scoundrel; that he was only acting as agent for his brother, and he knew not but that the goods were shipped that were supposed not to be shipped.

Cross-examined by MR. PHILLIPS. Q. I suppose up to that period you had a high opinion of him? A. I had—he resided in London, and, as far as I knew, conducted himself fairly and honestly.

JOHN ROE . I am an officer of the City of London. On the 27th of November, I took the prisoner in custody, at the Jerusalem Coffee-house, Cornhill—the clerk of the room called him—he came to the door—I said "I should be glad to speak to you, sir, if you please"—he came outside—I said, "Do you know a person named Stott?"—he said, "Yes, I do"—I said, "Did you insure goods on board the Dryad?"—he said, "Yes, I did"—I said he must consider himself in my custody—he said, "It is all right, you may depend on it"—I took him to the Mansion-house—I found a bunch of keys on him—he was examined at the Mansion-house—I took him to the Compter—he said, "Ah, Mr. Roe, you ought to look after my brother, he is the most guilty party in this matter, and that you will find; you will find the policies are signed 'Michael,' and not 'Patrick, except the Maritime, in which I acted under his instructions"—I then went to his lodging, 40, Windsor-terrace, and found some papers there, which I delivered to the solicitor for the prosecution—among them was this book, marked "W W"—I apprehended Michael on the 17th of December, at a place called the Pothouses, in Lancaster—No. 4—it was a poor cottage, just in the outskirt of Lancaster—I had been trying to find him before that, both in London and elsewhere—I found this portfolio and papers at the prisoner's lodging.

Cross-examined by MR. DOANE. Q. You found Michael close to an arm of the sea? A. Yes—I saw the prisoner's two sisters in custody, and afterwards the wife of Michael.

HENRY COTTON . I am a clerk in the London and Westminster bank. The prisoner, Patrick Wallace, had a deposit account with that bank in January, 1840—I produce a book, in which parties who open accounts enter their signatures—I cannot be certain that I saw him write his signature—I have seen him at the bank—I knew his person—on the 22nd of January this cheque for 1012l. marked "I" was paid in to his account, and on the 5th of February, this cheque for 715l. marked "F"—they make together 1727l.—there was added to that account 2l. 2s. 10l. for interest on the 20th of March, and 2l. 6s. 8d., making together 1731l. 9s. 6d.—5l. was drawn out on the 5th of February, when the 715l. was paid in—on the 8th of February 250l. was paid out, and a new receipt given for the balance, 765l.

Q. Then from time to time you gave an acknowledgment for balances? A. Yes—on the 20th of March 34l. 2s. 10d. was drawn out, and 12l. 6s. 8d. on the 24th of March—these added together make 301l. 9s. 6d.—deducting that from 1731l. 9s. 4d. the balance remaining is 1430l.—that was to the credit of Patrick—on the 26th of March that 1430l. was drawn out—when I paid the 250l., on the 8th of February I

paid it, partly in a 200l. Bank of England note, No. 83633—I paid the 1430l. in one 1000l. note, No. 40633; two 200l., Nos. 84817 and 88505; and one 30l., No. 15515.

Cross-examined by MR. DOANE. Q. Before the 22nd of January Patrick had deposited money there? A. Yes, I cannot say how long before—I have not the book with me—I cannot tell whether it was a week or a year—I could tell by reference to the book at home—it was of course more than a week—he has been constantly in the habit of paying in sums of money, I should say, for about a year.

JOHN SAUNDEKS . I am in the London Joint Stock Bank. In February last Michael Wallace, the prisoner's brother, had a deposit account there—on the 8th of February there was paid in to that account a 200l. note, No. 83033—that was the first transaction, when the account was opened—it was paid in by Michael Wallace himself.

JOHN KEMPSTER . I am a clerk in the Bank of England. I produce four Bank-notes, one for 1000l., dated 13th January, 1840, No. 40633; one 200l., No. 84817; another 200l., No. 88505; and one 30l. No. 15515—they were all brought into the Bank together, on the 26th of March, 1840, in the name of Wallace, 18, Cooper's-row, Crutched-friars—I paid 1430

sovereigns for them.

WILLIAM HERBERT MULLINS . I am a stock-broker. I know the prisoner—on the 27th of March, 1840, I made a purchase of stock by his order—the consideration paid for the stock was 1100l.—he paid for it all in sovereigns—I did not buy it in his own name—it was bought by his directions, but was transferred into the name of Catherine Wallace.

MR. COTTON re-examined. In February, 1840, Michael Wallace had also a deposit account at the London and Westminster Bank—I have seen him at the Bank, and knew his person—this cheque for 500l. marked "E, E" was paid in to the credit of his account, on the 1st of February—there was 1065l. to his credit before it was paid in—this cheque for 700l., marked "F F," was paid to the credit of his account, on the 6th of February; and this cheque, marked "C C," of Selden and Johnson, 1278l. 18s. 6d. was paid in to the same account on the same day—these sums together make 3543l. 18s. 6d.—there had been taken out from this account 78l. 18s. 6d., and 10l., making 88l. 18s. 6d. leaving a balance of 3455l.—that balance was drawn out on the 7th of February, the day after the last cheque had been paid in.

JOHN BRYANT PRIESTMAN . I am clerk to Smith, Payne, and Smith. On the 7th of February, 1840, 3400l. was paid into the Bank to the credit of M. S. S. Wallace—he did not keep an account with us—the money was received through the British Linen Company.

MR. PHILLIPS to BENJAMIN SHULTZ. Q. You say there was a seaman named Fitzpatrick on board, do you know where he is? A. No—I do not know whether he is in London—I have not seen him lately.

CAPTAIN TATE re-examined. Maxwell was with me on board my ship—he has been in London three or four times since the loss of the Dryad.


WILLIAM CARPENTER . I am an engraver, and live at No. 5, Great St. Helen's. I have known the prisoner personally and intimately for six years—he has borne the most perfect character for honesty during that time.

MR. ATTORNEY GENERAL. Q. Do you know any thing of a ship called the Delta? A. I knew the ship, that is all—she was commanded by the

prisoner's brother, Michael—I do not know that Loose was the mate—I understood that ship was lost—the prisoner never told me whether he had effected insurances on that ship—I am confident of that—he never mentioned whether he had goods on board, or had effected insurances on goods in that vessel—I do not know any thing of the Lucy—I do not know Mr. Houston Wallace—I know Michael—I know nothing of the Lucy—I have heard of her—I have heard of her being lost, by reading it in the newspaper.

Q. Did the prisoner never say any thing to you about the Lucy? A. He may have mentioned it to me incidentally—he may have mentioned her loss to me incidentally—he did mention to me that the Lucy was lost—I cannot tell when he mentioned it—he did not mention whether be Lad any insurance on the Lucy—I first heard of the loss of the Lucy during the examination at the Mansion-house—I never heard it before—the prisoner never mentioned her loss to me at all.

Q. You said he had mentioned it to you incidentally? A. Oh, no, I never heard of it previous to this case coming on—I never had any conversation with him about the loss of the Lucy—I first heard of it at the time of the examination at the Mansion-house—I never heard him say he had any interest in it.

MR. PHILLIPS. Q. Did you ever see the prisoner since he has been in prison? A. I saw him in Giltspur street—I have heard of the Governor Fenner, that was run down in the Channel—I never heard him say he had goods on board her.

GUILTY . Aged 25.— Transported for Life.

FRIDAY, March 5th, 1841.

First Jury, before Lord Chief Justice Tindal.


The prisoner was charged by the same indictment as PATRICK MAXWELL STEWART WALLACE, with the like offence, (page 637,) but was not tried with the said Patrick Maxwell Stewart Wallace, having severed his challenge!.)

George Herring, see p. 637; Samuel Bickley, p. 638; Richard Janet Sheppard, p. 638; James Gray, p. 639; Michael Wills, p. 643; Thomas Johnson, p. 644; Robert Selden, p. 645; Henry Hall, p. 645; William Stewart, p. 646; Oliver Thomas Lyndall, p. 646; Francis Louis Philip Secretan, p. 646; Samuel Marshall, p. 646; Robert John Lodge, p. 646; Charles Bahr, p. 646; and Peter Kelly, p. 647, gave the same evidence as in the former trial.

ALEXANDER HOWDEN , in his examination in chief, gave the same evidence as in the previous case.

Cross-examined by MR. JARVIS. Q. Michael was the ship's husband; I believe it is the duty of the ship's husband to be at the port of sailing at the time the vessel sails? A. Yes.

MR. CLARKSON. A. Was it his duty to see what was put into her? A. No—his duty was to look after the fitting of the ship—he would have an opportunity of seeing what was on board—she had come to Liverpool, I believe, in July, on a voyage from the Brazils—the outfit cost 269l., odd—the prisoner charged us with one-fourth of that—I have not seen the vessel for two years—I was not informed by the prisoner that he had effected an insurance in the Ocean—I never heard of it till J was at the Mansion-house.

JAMES STOTT gave the same evidence, on his examination in chief, as in the former case.

Cross-examined by MR. JARVIS. Q. Did Michael carry on business in Cooper's-row? A. Not to my knowledge—his father and family lived there—I cannot say whether he did—I lived nearly seven years with Seldon and Johnson—they carry on a highly respectable business—I decline saying why I left them—I left in July or August, and did nothing for the remainder of that year—I lived with my father, in Bishopsgate-street—in the beginning of 1838 I was employed by the Metropolitan Gas Company for three or four months—I then obtained another situation, thinking I should not obtain the security the Company required, and between the two stools I fell to the ground—the situation was with Mr. Harvey, of Hatton-garden—I was there a day or two—the clerk, who was leaving, remained, and I was not wanted—the Company had then another person, and I did nothing for three or four months—I then commenced business in Lower Thames-street, as a Custom-house agent—I remained there four or five months, and then dissolved with my partner, Mr. Stanley, because we could not make sufficient out of it—he continued the business there, and I went to Seething-lane, as a ship-broker and Custom-house agent—I remained there nine months—I gave up business there then, because I obtained a situation at John Nichol and Co.'s, George-yard, Lombard-street, and there I remained till I was taken into custody on this charge—I was kept in custody five weeks—I do not know whether it was at the last examination, or the last but one, that I was examined as a witness—I was not examined by the solicitors before I was examined at the Mansion-house—I had no communication with the solicitors, nor any body, but my own adviser, Mr. Hobler—I stated to Mr. Hobler what I knew or could prove—the balance of the account I paid Patrick was 200l. out of the last insurance—that was deducting 53l.—that is not the usual rate—the usual rate did not amount to 53l.—he gave me the money for the premium besides, at the time the insurance was effected.

MR. CLARKSON. Q. Is it usual to have the trouble you had, as his agent, to effect the insurances and obtain the money? A. Very unusual—I had immense trouble—an immense number of difficulties occurred, to which I have not been examined—I received the 53l. in consideration of the additional trouble I had, but the greater part was due to me for other matters—the Magistrate expressed his regret that I should have been placed at the bar—I did not leave Seldon and Johnson for any dishonest act, or any thing affecting my moral character at all—it was a matter peculiarly my own—it was respecting a female.

MR. JARVIS. Q. Who were you speaking to just now? A. Mr. Gray—he recommended me to answer the question.

FROST. I know the handwriting of Captain Loose—I believe these four bills of lading to be his writing—I cannot swear to this one, but these I can swear to be his handwriting—I know Michael and Patrick Wallace, and also Captain Loose—Loose has been in the prisoner's employ three years or three years and a half—I knew him when he was mate to the prisoner on board the Delta—the prisoner commanded the Delta, to my knowledge, about three or four years back, how long before I do not know—I was not at all acquainted with any of the transactions of the Dryad, as between Michael and Patrick—the prisoner acted as the agent of the Dryad—he was the agent in London, but occaisonally his brother Patrick paid the accounts, when he was not in the way—I transacted business with them, in reference

to the Dryad—as far as I was concerned, Patrick acted as agent to the Dryad when Michael was at Liverpool.

Cross-examined. Q. When his brother was in town, Patrick paid accounts to you? A. Yes, on two or three occasions for his brother, for goods supplied to ships—Michael was ship's husband, as far as I know—Loose is dead.

MR. CLARKSON. Q. Have you heard of his death by any other means than what people have told you? A. Yes, by receiving his effects, and the amount of money I have named—his death was testified by the whole ship's company of the Premier—I saw the ship's company—I did not receive any thing by way of effects, except as money for the salvage.

COURT. Q. Who gave you the effects? A. Captain Cuddy, of the Premier—called on me in July last—she is an English vessel, belonging to Belfast—he gave me the whole of his clothing, a bill of exchange for 400l. and cash amounting to 97l.

MR. CLARKSON. Q. Of the fact of his death you know nothing of your own knowledge? A. I was not there of course—when Captain Cuddy was in London, nothing respecting the loss of the Dryad had been brought forward—I have not seen him since it has been discovered—it was on the 20th of July I received the papers from him, and on the 22nd of July I delivered the papers to Patrick Wallace, by my own dictation—I was not an acquaintance of the Wallaces—I called at the office to see the prisoner, but he was not there, and I left the papers in Patrick's hands, to give to Michael—that was at their office in Crosby-hall—to the best of my knowedge they were both carrying on business there—it was the first time I was ever there—I knew them in Cooper's-row—that is the office where Michael did his business, but it was Patrick's office—the agency of the ship was carried on there—Patrick acted as Michael's agent, during three or four voyages of the Dryad, the Delta, and the Lucy.

COURT. Q. What are you? A. A sailmaker and ship-chandler, at No. 320, Wapping—I became acquainted with the prisoner about six years back, in the way of my trade, and he has occasionally dealt with me since.

MR. CLARKSON. Q. You say you delivered the papers you received Captain Cuddy to Patrick, did you afterwards see the prisoner on the subject? A. I did, I accompanied him to Messrs. Howden and Ainslie with the 400l. bill—I delivered the bill to Mr. Howden and the prisoner—I went there by the prisoner's appointment—I met with him on the way—Captain Loose had a mother living on the 30th of July.

(RONALD MAXWELL, in his examination in chief, gave the same evidence as in page 652; and, looking at Zulucta's bill of lading, added, "I saw goods on board marked as in this bill of lading."

Cross-examined by MR. JARVIS. Q. You saw some goods on board the Dryad marked as in Zulueta's bill of lading? A. Yes—the day after I joined her—I often went into the hold after the vessel sailed from Liver-pool, for water—the provisions for the crew were kept in the forecastle—that is where provisions for the ship's use are sometimes stowed, according convenience—I have been in ships where some were in the hold—the salt was in bags in vessels smaller and greater than the Dryad—consider that know those seas perfectly—it is the duty of the car bags there, I could not say how many—I had often sailed in those seas before, to the West Indies, in vessels smaller and greater than the Dryad I—consider that I know those seas perfectly—it is the duty of the carpenter in hot climates to keep the long-boat damp, and likewise to rub the the ship with flannels—it is not usual to have the tackles rove

at sea—she was the first ship I was ever in that had them rove—when we got out of the channel, we unrove the tackles, as we wanted the rope for other purposes—the channel is not very crowded coming out of Liverpool—there are a great many ships going backwards and forwards—we had some heavy weather on the way from Liverpool to Carlingford—that is in the channel—it carried away our fore and topsail-sheet in one night—we had our tackles rove then—the log-line is merely to ascertain the rate at which we are sailing, the distance per hour—I never went a voyage before with a pump choked—we had three pumps on board, two which ought to have been to keep the ship free from water, and one to keep the deck clean—it was the larboard pump that was choked—I wanted to lift it—. we could have done that without removing the cargo—I was led to believe there was a chronometer on board, but I never saw it—I kept the longitude by dead-reckoning—vessels of that sort do not frequently go by dead-reckoning, probably some do it, but not at the present day—there have been cases of it—the wind was not very fresh at Virgingorda—we were going about four or four knots and a half, at a rough guess, within half a mile—we had our studding-sails set—it is not at all difficult to bring round a vessel with the studding-sails set—I consider it helped the ship round—it is very seldom done—when time is allowed, and there is no danger, it is the practice to take down the studding-sails before you go about—the captain d—d me for not taking them down before putting her about—I think we deviated from our proper course about longitude 59 west, latitude 17 1/2 or thereabouts—I made that out by dead-reckoning—I made it with sufficient accuracy to swear to it—we had not got the tackles rove when we struck on the Silver-keys—we rove them after we struck—it took us ten or fifteen minutes to do it—when the Bencoolen fired the gun off Cape Hayti, I went down into the cabin and told the captain the ship to northward bad fired a gun, and hoisted her ensign, and I thought we were getting too near the reef—he said, "That is nothing to me"—I am sure I told him we were getting too near the reefs or that we were standing too close in, or something to that purpose—I cannot exactly mention the very words—I did not mention that before, because I was not asked that particular, or else I should have given a correct answer I did not swear that what I told the Attorney-General was the whole that passed, but I was not asked any thing else that transpired—I was not asked about it yesterday—that is the only explanation I can give—I returned to Liverpool on the 22nd or 23rd of July, and have remained there ever since—I have not been to sea since—I have been shipping seamen for the merchant service on my own account—I first came to London on this business on the 1st of December—the Lord Mayor of London sent for me.

COURT. Q. Was the ship's water kept in the hold? A. In the fore-hold—it was the cook's place to bring it on deck—it was next to the crates of earthenware—there was room to go along the whole of the hold—there was no bulk-head in the ship, either fore or aft—I had an opportunity of seeing how the ship was loaded—one-third of the hold was vacant, and that was the ship was loaded throughout the whole voyage—there was nothing put out of the hold during the time I was with the ship—if there had been a quantity of goods brought on board, and put into the hold after I was on hoard, I must have seen it—I was in the cabin every day—there were no goods stowed away there to my knowledge.

BENJAMIN SCHULTZ deposed on his examination in chief, as in the former trial, stating, in addition—"Captain Loose, on seeing the hole in the vessel,

said, 'Well, she has knocked a hole through her bottom now'—we asked him how the hole came there—he laughed, and did not make us any answer."

Cross-examined. "The hole was about two feet and a half square, and was above the copper, nearly level with the water—the sea almost rolled into it—it was cut from the inside—it was cut through the lining of the cabin, and through three ribs, and a three-inch oak plank—we were on deck, and did not hear any hammering or noise—it would have taken me a couple of hours to make such a hole with all my tools—I did not know, when I swore to the protest at Falmouth, that there was an agent of Lloyd's living there, nor any English magistrate—the gentleman who read the protest to me, read it in English—I returned to England from Africa eighteen days ago—I have been in London since last Saturday—I have not seen Maxwell till I saw him in court yesterday."

re-examined. "The captain's state-room was kept locked—when the hole was first began I do not know—there were none of the main ribs or timbers of the vessel in the part where the hole was cut—the necessary goes through there, and there is a lead pipe which, I suppose, would make it easier to make a hole there than any where else—I did not know whether the vessel was insured or not—the colonel and captain of the port at Hayti are blacks." Adjourned.

SATURDAY, March 6th, 1841.


(ALFRED JOHN TATE gave the same evidence as on the former trial, p. 651.)

JOHN ROE . I am a police officer of the city. I took Patrick Wallace into custody on this charge on the 27th of November—he was taken to the Mansion-house that day, and a short examination gone into—I made inquiry after the prisoner from that time about London without effect—in consequence of information, I left London on the 16th of December, and proceeded to Lancaster, where I arrived on the 17th—I there apprehended the prisoner—I found him in a small cottage just by the arm of the sea, just at the outskirts of Lancaster, at a place called the "Pot-houses," No. 4—I found him in the name of Wallace there—I inquired for the name of Williams, but I ascertained from the woman of the house, after I apprehended him, that he went under the name of Wallace—I found him in the first-floor front room—there was a bed in the room—it was a very mean sort of house, kept by a laundress—I said to him, "Is your name Williams?"—he said, "No"—I did not know his person before—I said, "But your name is Wallace?"—he said, "It is"—I said,' You must consider yourself in my custody"—he made no answer—I did not tell him what for—I searched the room—I found in a bag 116l. 10s. in gold and notes—I found some newspapers—I have one of them here—it has a report of the hearing of his brother at the Mansion-house—the newspapers now produced are what I found, but not the whole—there might be two others—they were not marked as they are now—I have marked them since—after leaving the house, I said to him, "You are charged with being accessory before the fact as to the losing of a vessel"—he said, "The reason I came down here was because I would not give evidence against my brother"—I searched his person, and found three keys.

Cross-examined. Q. Do you know whether Michael was a bankrupt?" A. I have reason to believe so—about that time.

MARGARET SUTHERLAND ROBINSON . I was in the service of the prisoner

and his wife, from the 17th of September up to the 27th of November last, at No. 40, Tredegar-square, Mile-end-road. I remember my master coming home about five o'clock on the afternoon of the 27th of November—he appeared to be rather flurried—he dined with Mrs. Wallace—they took about an hour at dinner—after dinner he gave me a note to take to Upton-lane, West-Ham, where Mr. Howden lived—I think it is about three miles from Tredegar-square—he gave me a sovereign to get change, and ride in the omnibus—I did not find any omnibus, and walked—Mr. Howden was not at home when I got there—I left the note—the prisoner had told me, if Mr. Howden was at home, to wait for an answer, and if not, to return as soon as possible—when I got home, I found Mr. Howden at the door—I had a key, with which I opened the door, and we went in together—my master was out—Mr. Howden saw Mrs. Wallace—he stopped about half an hour, and then left—he came back again a short time after—I let him in—he asked for Mr. Wallace—he waited about half an hour, and then left again—about ten o'clock, Janet and Catherine Wallace came in a cab—Mrs. Wallace was then in the parlour, and they joined her—after they had been there some time I was called up—I went up to them—Mrs. Wallace was coming out of the room as I went in—she was crying—I received directions from Janet Wallace, in consequence of which I packed up my goods, received my wages, and left that night—I had had no warning given me, and had no idea I was going to leave—Janet paid me my wages—when I returned from Upton-lane, I observed the remainder of burnt papers in the kitchen fire-place—there were none there when Mr. Wallace sent me away with the note—the fire was out—some water had been thrown over it where the burnt papers were—there was no other servant in the house besides myself—I never saw the prisoner afterwards till I saw him in custody.

Cross-examined. Q. Do you mean that water had been put on to put the fire out? A. Yes—the water had been thrown on the fire—Miss Janet bad hired me.

MR. CLARKSON. Q. Did she hire you for Mrs. Wallace? A. Yes, I was hired at Windsor-terrace to go to live at Tredegar-square.

MR. JARVIS. Q. Did you live with Mr. Wallace when he was first married? A. No—he was married in April, I believe.

RICHARD CONODON (police-constable K 267.) On Sunday night, the 6th of December, I was on duty in Tredegar-square, and observed No. 40—I looked at the door, and saw the key-hole was full of grease—I put my hand against the door, and it flew open—I waited about half an hour till the sergeant came round, about eleven o'clock, and he and I then entered the house—I found nobody there—the house was furnished—I went into the dining-room—there were some bottles on the table, some with wine in them, and some not, and glasses also on the table—I went to the bed-rooms, the beds were made—we pulled out a drawer or two, and there was linen in them—I remained in possession that night and Monday night—I was relieved in the morning—I took possession on Tuesday night—while I was in possession nobody came to claim the house.

Cross-examined. Q. Do you know that Mrs. Michael Wallace had gone to her father-in-law in Windsor-terrace? A. No.

MR. JARVIS to JOHN ROE. Q. When did you see Mrs. Michael Wallace first? A. At the Mansion-house—I do not know that she was residing with her father-in-law at Windsor-terrace, some time before that—I know she resides there now.

ALEXANDER HOWDEN re-examined. I received a 400l. bill of exchange

from Mr. Frost and the prisoner—I had no idea at the time what it was the proceeds of—I gave a receipt for it—neither of them told me what it was the proceeds of—this paper marked "O O" is the receipt I gave Mr. Frost for it.—(This receipt was dated London, 30th of July, 1840.)—When the bill came to maturity, the proceeds of it came into my hands—we received the money at our bankers', on the 23rd of November—the proceeds have remained unapplied from that time to this—I believe the prisoner knew that—he has never applied to us for it.—(The letter marked "A A" was here read, as informer trial, p. 644.)—I had, before I received this letter, effected an insurance of 2000l. on the ship, and 300l. on the freight—the prisoner knew that—the prisoner never accounted to me for any portion of the 500l. effected with the Ocean.

Cross-examined. Q. Who do you bank with? A. Williams, Deacon, and Co.—two days before the 400l. bill fell due, we handed it to a bill-broker—we received the proceeds from the bill-broker, and paid it to Messrs. Williams and Co. in our name.

(Henry Cotton, see p. 664; John Saunders, p. 665; John Kempster, p. 665; William Herbert Mullins, p. 665; and John Bryant Priestman, p. 665; gave the same evidence as in the former case.)

MR. STOTT (looking at the four notes produced by the witness John Kempster.) The name and address on the 1000l., and one for 200l., is in the handwriting of Patrick—that on the other 200l. and 30l. is in my writing—I wrote that by Patrick's direction.

Cross-examined. Q. Did not Patrick receive gold for these notes? A. He did, in my presence.

(The various documents produced and read on the former trial were put in and read on this.)

MR. STOTT re-examined. The body of this letter is in the handwriting of Patrick, and the signature is Michael's—(read)—"To the Manager of the British Linen Company's Bank, Edinburgh.—18, Cooper's-row, London. 7th of February, 1840.—Sir, I beg to inform you that I have paid into the hands of Smith, Payne, and Smith, bankers here, 3,400l., to be deposited in the British Linen Company, in my name. I am, Sir, your obedient servant, M. S. WALLACE."

"P.S. Please send me a deposit receipt in the course of post, and mention the rate interest you now allow."

GUILTY . Aged 29.— Transported for Life.

OLD COURT.—Thursday, March 4th, 1841.

Before Mr. Sergeant Arabin.

1st March 1841
Reference Numbert18410301-837
VerdictGuilty > pleaded guilty

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837. JOHN LEVY was indicted for feloniously breaking and entering the dwelling-house of William Papworth, on the 22nd of February, at St. Clement Danes, and stealing therein, 1 coat, value 1l.; 2 pairs of trowsers, value 15s.; 1 pair of boots, value 5s.; 1 waistcoat, value 3s.; and 1 neckerchief, value 1s.; the goods of William Francis Mott; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 22.— Transported for Fourteen Years.

First Jury, before Mr. Recorder.

1st March 1841
Reference Numbert18410301-838
VerdictGuilty > unknown; Guilty > unknown; Guilty > with recommendation
SentenceTransportation; Imprisonment; Imprisonment

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838. THOMAS DUFF, THOMAS ANDERSON , and WILLIAM ELSOM , were indicted for feloniously breaking and entering the dwelling-house of Joseph Law, on the 10th of February, at Christ Church, and stealing therein, 1 pair of boots, value 4s. 6d. the goods of Joseph Law, the younger.

JOSEPH LAW, JUN . I live in Brown's-lanc, in the parish of Christ Church—I occupy the shop and parlour only, which communicate with each other—I do not rent the whole house—there are several lodgers—my father is the landlord—he does not live in the house. On the 10th of February, at eight o'clock in the evening, I was at home, and heard a noise outside—I went out, and found the policeman, Trew, with the prisoner Duff in custody—I saw two or three other policeman with the other prisoners, but not sufficient to notice them—Trew had one boot in his hand—I had seen that in the afternoon in my shop window, in the second pane from the crack—my attention was drawn to the window, and I found a piece of glass out sufficient for a hand to be put through—it had been cracked for a month or six weeks before, but there was no hole in it before that evening—when I saw the boots in the window that afternoon there was no aperture in the glass—the piece of glass was puttied all round to keep it in—the boot was not above three or four inches from the broken pane—it was tied to the fellow one with a string, which was cut or broken—I did not see the fellow boot till I got to the station—when I came from the station I found both the boots were gone.

GEORGE TREW (police-constable H 125.) On the night of the 10th of February, about half-past seven o'clock, I was on duty in Wheeler-street, Spitalfields, and saw the three prisoners—I suspected and followed them—they were in deep conversation together, and were looking into several shops—they went along Lamb-street into Brown's-lane, all three together—I saw them all three go up to the prosecutor's shop window, and stand there nearly half an hour altogether—when they had been there about ten minutes I passed them, and saw them all three close to the window—I went round Brick-lane, returned, and saw them still there, and saw Duff in in the act of picking some putty out of the glass with a knife or something—the two others were one on each side of him—I ran to the station, which was close by, and got two constables to come with me—when we came back we seized the prisoners—Duff had a boot in his hand, which he dropped—I caught Elsom and Anderson first, and gave them to the other constable—Duff at that time was standing two or three yards down a court—I collared him, and he threw the boot down—I saw it go out of his hand—I also heard something drop at his feet, which I found to be a knife open—I took up the boot about a yard and half or two yards from him—I saw a piece of glass was picked out of the window—I saw Cotton take another boot out of the window, which was projecting three parts through the hole—I compared it with the other boot—it appeared to be the fellow, and the rest of the string was on it where it had been cut—there was a piece of string on each—both boots were taken to the station.

HENRY COTTON . I am a policeman. Trew fetched me into Brown's-lane, and I saw the three prisoners at the prosecutor's window—they shifted from there to the corner of the court—Trew ran over, and took hold of two of them, and gave Anderson into my hand—I saw Duff throw something from his hand, and said, "There it is, George"—he went and picked it up—it proved to be a boot—I found the glass cut, and a boot sticking with the heel part outside the broken part—I took it out—I saw Trew find a knife close by Duff, immediately after he was stopped.

Duff Defence. I did not do any such thing; we were not together; I do not know the others.

Elsom's Defence. I was going home; I had got about four yards past these two boys, when a man ran across the road and collared me.

(Elsom received a good character.)

DUFF*— GUILTY . Aged 16.— Transported for Ten Years.

ANDERSON— GUILTY . Aged 17.— Confined Three Months.

ELSOM— GUILTY. Aged 16.—Recommended to mercy.— Confined Three Months.

1st March 1841
Reference Numbert18410301-839
VerdictGuilty > lesser offence

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839. MARY BERRY was indicted for unlawfully, maliciously, and feloniously assaulting Julia Creed, on the 17th of February, and cutting and wounding her on her right eye-brow, nose, and head, with intent to do her some grievous bodily harm.

JULIA CREED . I am the wife of William Creed, and live in Edward's-place, Crawford-street—the prisoner lives in the same house. The prisoner had told me she had written a letter to the clergyman of the Spanish Catholic Chapel, in Spanish-place, saying she was in distress—last Saturday fortnight she told me that 5s. bad been given her—she came down into my room, and said, "Put on the kettle, we will have some tea"—we had some tea and half a pint of rum—I told her I would be 6d. towards it when I got my husband's wages at night—I got 17s. 6d. from my husband, and gave her 6d. towards the tea and rum—her husband took me out, and I got the worse for liquor—in the evening the prisoner came into my room, and said, "Come out, and we will have some liquor"—she brought me out, and when I came home I missed 4s. 6d. out of my pocket—the prisoner undressed me, and put me to bed, as I was so drank—in consequence of what my daughter told me, I sent for the prisoner into my room on Monday morning, and asked her bow she came to take the 4s. 6d. out of my pocket—she made me no answer—we had no more words about it till Friday—she then said if I would not say any more about it she would pay me part of it on Saturday—about half-past eleven o'clock on Saturday evening I went up to her room, knocked at the door, and she opened it—I said, "I will thank you for some of the money tonight"—she said nothing, but went and brought the chopper, and gave me a blow with it on the forehead—I have the mark now—and after that she struck me once in the head and once in the hand with a poker, and I should have been no more, if it had not been for Ann Taylor, who came to my assistance—my face bled a good deal from the blow.

Prisoner. The night she says she lost her money, two men carried her home drunk—when she missed her money she accused me of it, and accused me of it all the week—on this night she came to my door quite tipsy, and said to my husband, "It is your b—w—of a wife I want." Witness. I did not—her husband was in the room—I did not make use of any bad language—I said I should have some of the money, that is all.

Prisoner. She struck me in the face, and forced my door open. Witness. I did not—I never struck her at all—I did not force her door open—I only knocked at it with my hand, and she came out and brought the chopper—I was quite sober then.

Prisoner. I had the chopper chopping wood to light the fire, and as she forced in the door I flung the chopper out. Witness. She brought it out in her hand, and struck me with it—after striking me she flung it away when she saw me cut, and she struck me with the poker afterwards—I did nothing when she struck me—I could not, I stood still.

Prisoner. She always said during the week that she would be revenged

on me for telling her husband of two men carrying her home drunk—I only acted in my own defence. Witness. I did not express any anger against her except about the money—I did not make any motion to strike her—I did not attempt to strike her—I had nothing to strike bet with.

EDMUND CALLABAN (police-constable V 134.) I went to No. 8, Edwards'-place, on Sunday, the 21st of February, about half-past twelve o'clock at night—I found Mrs. Creed in bed, bleeding profusely from the wound in her forehead—I went up to the prisoner's room, and knocked at the door—she said, "Is that Mrs. Creed?"—I said, "No, it is a policeman"—she let me in, and I asked her why she cut Mrs. Creed in the head so—she said Mr. and Mrs. Creed had come up and broken her door open, and then she did it in self-defence—I examined the door—there was not the least appearance of violence having been used—I asked the prisoner what she struck her with—she said, with a chopper—I found the chopper on the landing, about two feet from the prisoner's door—I asked her, was that the chopper she struck her with—she said yes.

JURY. Q. Did she say how the chopper came in contact with the woman? A. She did not—I did not drink with the prisoner or prosecu-trix that night.

JOHN FREDERICK NICHOLSON . I am house-surgeon at the Western General Dispensary. I went before daylight on, Sunday morning, the 21st of February, to Edwards'-place, to see Mrs. Creed—I got there about two, o'clock—she was in bed, with a wound on the right eyebrow and the right side of the nose—it was a clear cut wound—I found a contused wound on the upper part of the scalp—she was not in danger at any time—the incised wound was about two inches long, and penetrated to the bone on the brow, about a quarter of an inch deep—I think one part of the chopper now produced would have inflicted the cut—the bruise was about half an inch long—there was nothing particular about that—it was a blow from a blunt instrument, not given with particular violence—I should not think the bone was at all injured—there was blood about it, but not being serious, I dressed the wound, and she went on perfectly well—she did not appear in the least intoxicated—she answered quite rationally—I did not suspect that she had been intoxicated—she did not smell of liquor—I saw no danger at all likely to arise.

ANN TAYLOR . I am the wife of Patrick Taylor, and lodge in the next room to the prisoner. On this night I was coming home from market, and found Mrs. Creed on the landing-place, bleeding—I asked what was the matter—she said Mrs. Berry had struck her on the bead with the chopper—Mrs. Berry's door was shut, but they had several words between the door, though it was shut—they were speaking to each other, but what was said I do not know, for I was so flurried—they were not speaking very good language, you may depend—I believe they were both equally abusive to each other—I do not know which was the worst—Mrs. Berry then came out with the poker, and struck Mrs. Creed on the head—I did not see the striking with the chopper—I wiped the blood off her with a towel and cold water—she was aware that her head was cut—I tried to get her from the door—she said she would not come till she had got her money, and then the prisoner came out and struck her—she accused the prisoner of having picked her pocket—I afterwards saw the chopper found by the policeman on the landing—I had not noticed it there before.

Prisoner. She saw and heard all about it; she stood there all the time, and she did me as much justice as the prosecutrix; she was there when

the chopper was used; her daughter same up and showed her the chopper, and said I had done it. Witness. My daughter said Mrs. Berry had struck the prosecutrix with the chopper, but I did not see it till the policeman found it; my daughter had a candle in her hand.

JURY. Q. Did you see Mrs. Creed attempt to strike the prisoner? A. No—I did not see her husband—he was not up stairs at all—I did not hear Mrs. Creed say, "Come out, you b—w—, I will have your life," nor, "I will never go down till I am revenged on you."

GUILTY of an Assault only.— Confined One Year.

NEW COURT.—Thursday, March 4th, 1841.

Sixth Jury, before Mr. Common Sergeant.

1st March 1841
Reference Numbert18410301-840
VerdictGuilty > pleaded guilty

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840. JOHANNA FOGERTY was indicted for stealing, on the 3rd of February, 2 counterpanes, value 1l., the goods of Charles McAlpine, her master: and that she had been before convicted of felony; to which she pleaded

GUILTY . Aged 23.— Transported for Seven Years.

1st March 1841
Reference Numbert18410301-841
VerdictGuilty > pleaded guilty

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841. SARAH MILLER was indicted for stealing, on the 18th of February, 1 handkerchief, value 1s., the goods of James Clark; to which she pleaded

GUILTY . Aged 30.— Confined Three Months.

1st March 1841
Reference Numbert18410301-842
VerdictGuilty > pleaded guilty

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842. BRIDGET LEONARD was indicted for stealing, on the 18th of February, 1 sovereign, the monies of Michael Brown, from the person of Mary Ann Green; to which she pleaded

GUILTY . Aged 36.— Confined Six Months.

1st March 1841
Reference Numbert18410301-843
VerdictGuilty > pleaded guilty

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843. ELIZABETH PRICE was indicted for stealing, on the 20th of February, 1 pair of boots, value 4s. the goods of Joseph Jenkins; to which she pleaded

GUILTY . Aged 12.— Confined Four Days.

1st March 1841
Reference Numbert18410301-844
VerdictGuilty > unknown

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844. LOUISA PADDICK was indicted for stealing, on the 9th of February, 225 yards of lace, value 6l. 10s., the goods of Elias Chartier, in the dwelling-house of Philip William Hingston; and that she had been before convicted of felony.

MR. PRENDERGAST conducted the Prosecution.

ANN CHARTIER . I conduct the business of my brother, Elias Chartier, in High-street, Islington—it is carried on in the house of Philip William Hingston, who lives there with his family, and the shop is part of his dwelling-house. On the 9th of February, between one and two o'clock, the prisoner came into the shop, and asked for some thread lace—I got down a box containing a quantity of thread lace—she looked at various articles, and she kept putting the cards of lace up and down—she fixed on a remnant, and asked me to measure it—while I was doing that a wo-man came in, and asked the price of a bonnet in the window—that drew my attention from the lace a moment or two, while I answered the woman the price of the bonnet—I was waiting on Mrs. Whittingbam before the prisoner came in—I left off serving her to attend to the prisoner—Mrs. Whittingham gave me a particular look which I did not understand at first—about that time I turned round, as I thought there must be something wrong—I asked the person, did she wish to see the bonnet—before I could get an answer she was gone—I then looked at the box of lace, and instantly

missed some, and Mrs. Whittingham went to the door to look after the other person—I said to the prisoner, "I have lost some lace"—the prisoner said, "Lost some lace; I have lost my purse"—Mrs. Whittingham returned, and I told her I had lost some lace—she said she knew I had, for she had seen the prisoner take it, and give it to the woman who bad gone out—I said, "Then close the door, I will send for an officer"—said the prisoner should not leave the shop—she said no, she would not leave it, as she had lost her purse, she would have the house searched till she found it—I sent for an officer—he came, and the prisoner resisted very much—she was taken into custody—there were eight cards of lace gone, containing about 225 yards—it had been bought by me on the Friday before—they were worth between 6l. and 7l.

Cross-examined by MR. PAYNE. Q. Was the prisoner near enough to hear when Mrs. Whittingham said she saw the prisoner take it, and give it to the woman who went out? A. Yes—she was allowed to go away from the station on bail to come again, and appear before the Magistrate—on the first occasion before the Magistrate she was not allowed to go away, and come again—she was taken into custody till the Friday—this happened on the Tuesday, and we went before the Magistrate on the Wednesday—she came before the Magistrate again on the Friday—she was then taken into custody to take her trial—she did not purchase any thing in my shop—the shop goes out from the dwelling-house—Mr. Kingston can come to the shop from his house, and I can get into the house by a door behind the counter.

PHILIP WILLIAM HINGSTON . I am owner of the shop at Islington where Mr. Chartier carries on his trade.

Cross-examined. Q. Does the house belong to you? A. Yes—I let the shop to Mr. Chartier.

ELIZABETH WHITTINGHAM . I live at Paradise-terrace, Islington. About two o'clock on Tuesday, the 9th of February, I went to Mr. Chartier's shop in Islington—soon after, the prisoner came in—I had seen her before that day—I observed her when she came in—she asked for some lace, and Miss Chartier put it down before her—she seemed to pull it about a good deal—after this another woman came in, and asked the price of a bonnet—she stood behind me at first, and then she stood near the prisoner—I saw the prisoner give her the lace, and then she put it under her cloak—I intimated it to Miss Chartier as well as I could by a nod and a look—I turned to look for the woman, and she was gone—I immediately went to the door, and could not see any thing of her—I went both ways, and could not see any thing of her—I then returned to the shop, and Miss Chartier told me she had missed some lace—I said, "So I should think—I saw the prisoner give it to the other young woman"—I said to the prisoner, "You know the young woman"—she said she did not, she never saw her before—the reason I said so was, because I had seen her with her before they went into the shop, and the other appeared then to be intoxicated—I am quite sure the woman I saw then with the prisoner was the same person I saw in the shop—after this the prisoner said she had lost her purse, and she would have the house searched from top to bottom before she left.

Cross-examined. Q. What is your husband? A. He is not any thing at present—he has been a tailor—I never dealt at the prosecutors shop before—I had never seen the prisoner or the other woman before—the prosecutor's shop is on the pavement by Islington-green—there is a large

space on the pavement both ways when you come out of the shop—I went to the shop door, and went a little way in both directions, but I could not see the woman who went out—I was close to the prisoner when she handed the lace to the woman—she was standing next to me at the counter—the other woman came close to her—I could not tell Miss Chartier at once what I saw, because I felt so flurried—I was always as sure as I am now that I saw the lace handed by the prisoner to the other woman—I was too much flurried to slop her—she had a straw bonnet on and a cloak—I cannot say what sort of complexion she had—there was considerable difficulty in persuading the prisoner to leave the shop—I went home—I could not go to the station though the officer asked me to go, because my friends would have wondered where I was—I went before the Magistrate the next day.

MR. PRENDERGAST. Q. Have you ever expressed the least doubt about seeing the prisoner take the lace, and giving it to the other woman? A. Not the least.

JOHN FAGAN (police-constable N 19.) I was called to take the prisoner on the 9th of February—she was sitting in the shop—I told her she must go to the station—she instantly became very violent, and said she had been robbed of her purse, and would not go out till the house was searched, and she would have her purse—I asked her who robbed her—she pointed to Miss Chartier, and said she must—I took the prisoner into custody, when she got to the station she said she would swear a robbery against me, that I robbed her of a gold watch and a chain which had been round her neck.

Cross-examined. Q. She was allowed to go from the station? A. I took her before the Magistrate, but as none of the witnesses could attend, the Magistrate allowed us to take bail.

ANN HARRIS . I searched the prisoner at the station—I found only one farthing on her—she said she had lost her purse and watch, and she would swear a robbery against the officer, for stealing her gold watch and chain; and against the shop-keeper for robbing her of her purse and 1l. 10s. in money.

Cross-examined. Q. Did she appear excited? A. No—she was rather insolent to me.

THOMAS HENDY . I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—I was the prosecutor in the case last April—the prisoner is the person—(read.)

GUILTY . Aged 21.— Transported for Ten Years.

1st March 1841
Reference Numbert18410301-845
VerdictGuilty > unknown

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845. THOMAS BARKER FITZJOHN was again indicted , for that he, being employed in the Post-office, on the 26th of January, did steal 2 letters, the property of Her Majesty's Post-Master-General.—(See p. 631.)

MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.

GEORGE FRENCH . I am a grocer, and live at Milland, in Hampshire. On the 26th of January my wife wrote a letter to her sister, Mary Southan, No. 11, Cambridge-mews, Southwick-street, Paddington—I put the letter in the post-office at Liphook, about two o'clock in the afternoon—this is it (looking at it)—it is my wife's writing.

MARY SOUTHAN . I live at No. 11, Cambridge-mews, Southwick-street, Paddington. This letter was brought to me on the 26th of January, by a person named Garnett—the prisoner had brought me a letter once before, but he did not bring this.

Cross-examined by MR. PRENDERGAST. Q. Does not another postman bring you your letters? A. Yes, in general; but the prisoner did once.

JAMES BARCLAY . I know the handwriting on this letter—(looking at one)—it is from a correspondent of mine in Scotland, named Waugh—the prisoner never brought this letter to me—it was brought by Mr. Garnett, on the 26th of January.

Cross-examined. Q. Where do yon live? A. No. 31, Cambridge-street.

MR. ADOLPHUS. Q. Look at these other pieces of paper. A. I believe some of them to be the handwriting of Mr. Waugh—I have put my own initials on one of them.

JOHN GARNETT . I am a seedsman, and live at Miss Rouse's, No. 4, Charles-street East. On the 26th of January I was going down into the yard, and through a window on the staircase I saw the prisoner come out of the privy—he went to his room, and I went into the privy, and saw on the seat some pieces of letters, and down the privy I saw a great number of pieces—I took them up, and took them into my own room, and was able to make out these two addresses—one of them is from Liphook, and the other is to Mr. Barclay—these are them—I went the same day to Cambridge-mews, and found Mrs. Southan lived there—I showed her the letter—I then went to Mrs. Barclay's, in Cambridge-street, and showed her this letter, and left her part of her letter—while I was putting the pieces together Miss Rouse was in my room, and assisted me in putting them together and making out the directions.

Cross-examined. Q. What business do you follow? A. A seedsman and florist—I buy flowers on a market morning from the growers—I have no flowers by me at this season, nor any seeds—we buy them as we want them—I do not grow the plants—I have no shop—I have not sold any seeds since the beginning of last year, about March last—they were only in penny packages—we describe ourselves as seedsmen in the market—many persons have no more shop than I have, only a stand; and many of them have not done any business since March—I sold several dahlias in the last season—I bought of Mr. Jackson, who has a nursery-ground, and comes to market—he knows me very well—I lodge in a second-floor front room—I had a cellar in Covent-garden market up to the end of August, in which I put my things at night—it belonged to Mr. Barrett, but I was allowed to put my things there—I had perhaps five dozen of geraniums and pinks, and Carnations and tulips—I am out of business at present—the officers came to the house on the 28th—I let them into the prisoner's room—I opened the door with a key—I found his door locked, and I applied to Miss Rouse—she said the key of my door would open his—Mr. Peacock was waiting, and I opened it—I never knew before that my key would open his door—I opened it once afterwards, the same night, and desired Miss Rouse to look at the fire, as there was an immense fire, and we thought it was not safe—his wife was out—it was a furnished room—the property was Miss Rouse's, and she was afraid of her property—I did not go into the room myself, but I wanted my candle, which I had left in the room—I have been in the Post-office myself, in the inland office and the money-order office—there was an inquiry about a 5l. note, and then I resigned, at the request of the Post-Master-General—that is ten years ago—since then my father and mother have kept me, and I have been a seedsman latterly.

THOMAS GAPES . I know the prisoner—he was employed in January last in the Post-office—he was a letter-carrier in the branch office, North-row,

Park-lane—Cambridge-terrace, and Southwick-street, Edgware-road, were in his delivery—he was on duty on the morning of the 26th of January—this letter should have been delivered to Mrs. Southan between the hours of ten and twelve o'clock on the 26th of January, and this other letter should have been delivered at the same time—Cambridge-terrace and Cambridge-street are not in the prisoner's delivery, but Cambridge-mews is—letters which are not in his delivery might have been delivered to him by mistake, and he should have taken them back to the inspector on duty, who would have sent them back, and said they were detained—the prisoner knew that was his duty—he has been in the office since September, 1839—such a thing has occurred with him before.

Cross-examined. Q. How do you know that? A. He has brought letters to me when I have been on duty—I am not aware that the carrier keep letters to deliver the next time—they should not do it—we should not allow it—there would be no inconvenience if a postman finds he has not delivered a letter, and he gives it to another postman, or takes it himself, only we wish to explain to the public that it has been detained—the postage of these letters has been paid.

MR. ADOLPHUS. Q. In the morning Cambridge-terrace was in the prisoner's delivery? A. Yes—his delivery in the afternoon was in Bond-street—if a man keeps back letters in his own delivery he may deliver them afterwards, but he is not expected to deliver one off his own delivery—he may do so by going off his delivery, but he ought not.

REBECCA MARIA ROUSE . I live at No. 4, Charles-street East, Hampstead—the prisoner lodged in my house from the 16th of September, Garnett also lived there. On the 26th of September I was in Garnett's room when he came in with some papers in his hand—he put them together on the table—those produced were two of them.

Cross-examined. Q. How long has Garnett been living in your house? A. I think he came in October—I do not know what I am to have for this job—I have heard a good deal of nonsense that Garnett has said to other persons—I do not expect any thing—when I wrote to Colonel Maberly I did it to do justice—I was not aware what would be the result—Garnett wrote the letter by my desire—he has not had any employment since he has been in my house—I do not know how he passes his time—he has only the front room on the second floor.

MR. ADOLPHUS. Q. You sent this letter to Colonel Maberly, and mentioned the directions of the letters? A. Yes—I have had no promise from any body to be in any way rewarded for what I am now doing.

ROBERT TYRRELL . I am a constable of the Post-office. I took the prisoner on the 28th of January, at the branch post-office in North-row, Park-lane—I took him to the next door, where Mr. Peacock was—he was cautioned by Mr. Peacock not to say any thing, unless he thought proper, as it would be used in evidence against him—he was then told that letters had been found in his apartments, one directed to Mrs. Southan—he said it was impossible, but if it was, there was some plot against him—I found 5s. 2d. on him—I went to his lodging, and found in the privy some pieces of letters.

WILLIAM DYOTT BURNABY . I am one of the clerks at Bow-street Office. I was present when the prisoner was examined—I took down the statement he made—(reads)—"The prisoner, after being cautioned as to what he said, states: 'The account as to the two other letters is quite correct—I destroyed them, and the reason I did so was they were sorted to me,

as in Cambridge-street and Cambridge-mews—that was on the 26th of January—when I came to these letters I knocked at No. 31, and the girl told me, 'That is Cambridge-street'—I said, 'So it is,' and then I came to the letter addressed, 'No. 11, Cambridge-mews'—I saw that was wrongly sorted, and I put both the letters into my pocket, intending to deliver them after I had done my terraces, but, unfortunately, I forgot them, and never observed them until I came in for my last turn, and thinking it was so late, I determined to deliver them the next morning, but, unfortunately, forgot to put them into my packet—I returned home again with them in my pocket—I was then fearful whether I should deliver them, or communicate the circumstance to the officer, for fear of being suspended—I certainly destroyed them—the circumstance of Benjamin Payne assisting me must have been on Tuesday, the 26th of September instant—I never delayed any letters before—I have been in the Post-office a year and a half.


(The prisoner received a good character.)

GUILTY . Aged 23.— Confined Eighteen Months; the First and Last Week Solitary.

1st March 1841
Reference Numbert18410301-846
VerdictGuilty > pleaded guilty

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846. JOHN HARRINGTON was indicted for that he, being employed in the Post-office, on the 2nd of November, did steal a letter directed to Messrs. Reid and Monk, Lower Grosvenor-street, London, containing a 10l. Bank-note, the property of the Postmaster-General; to which he pleaded

GUILTY . Aged 23.— Confined Two Years.

(The prisoner received a good character.)

1st March 1841
Reference Numbert18410301-847
VerdictGuilty > unknown

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847. SUSAN LEONARD was indicted for stealing, on the 8th of February, 1 cloak, value 10s., the goods of James Franklin.

JAMES FRANKLIN . I am a pawnbroker, and live in Tottenham Court. Between six and seven o'clock in the evening, on the 8th of February, the prisoner came to the hop, and asked the price of some handkerchiefs which were hanging up on the wall—I told her—she annoyed me by repeated questions, and I requested her to leave—just before she left, she stooped down, and, I thought, was concealing something under her clothes—she then went out at the door—I went round and took her—she was stooping—I thought she had been stealing some handkerchiefs—I brought her in, and my young man came from tea—I told him to look outside, and he went and brought in this cloak, which had my private mark on it—I said to the prisoner, "This will convict you"—she took the mark off, put it into her mouth, and chewed and swallowed it—I had seen the cloak in the shop while she was there—there was another person there, but she never left the counter.

Prisoner. Several persons came in as well as me. Witness. No, there were not.

WILLIAM MARKS . I am shopman to the prosecutor. I went outside, and saw this cloak on the cill of the door—it is my master's, and had been in the shop—there was another woman in the shop, who had not been out.

JEREMIAH CAMPBELL (police-constable E 121.) I went up, and Mr. Franklin had got the prisoner by the arm—she had got a card or piece of paper in her mouth—I requested her to put it out, but she turned her back to me, and swallowed it—I took her outside—she wore he would not go, and knocked my hat off, and laid down on her back—I got assistance to

get her to the station—after I got some distance, a man passed her—she turned her head, looked round, and said, "Oh, George, now they have got me; the old b—can only give me three months."

Prisoner. I deny it—he never heard me say any thing of the kind—I never handled the cloak—I was there twenty minutes before the cloak was found—the shopman said he found it in Hanway-street.

WILLIAM MARKS re-examined. I found it in Tottenham-court—it was brought back in half a minute.

GUILTY . Aged 26.— Confined Nine Months.

1st March 1841
Reference Numbert18410301-848
VerdictGuilty > unknown

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848. HARRIET MORRISS was indicted for stealing, on the 15th of January, 1 half-sovereign, the monies of Elizabeth Gee, her mistress.

ELIZABETH GEE . I am single, and live in St. Martin's-street, Leicester-square. On the 14th of January, I was without a servant, and agreed to take the prisoner for one week, till I could suit myself—on the following morning I gave her a half-sovereign to pay Mr. Gibbs for some coals—she went out, and did not return.

WILLIAM GIBBS . I live in Long's-court, and am a coal dealer. On the evening of the 14th of January, the prisoner ordered some coals for Mrs. Gee—I took them, and the prisoner opened the door for me—I am sure she is the person—she did not come to me next day with a half-sovereign to pay for them.

Prisoner. I never lived with Mrs. Gee—I have never lived in service since I left my last place.

ELIZABETH GEE re-examined. She was with me one night.

GUILTY . Aged 25.— Confined Six Months, the last week Solitary.

1st March 1841
Reference Numbert18410301-849
VerdictGuilty > unknown

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849. PHILIP YOUNG was indicted for stealing, on the 10th of February, I waistcoat, value 10s., the goods of Charles Edward Brackett.

CHARLES EDWARD BRACKETT . I keep a tailor's shop in Museum-street, Bloomsbury. On the 10th of February, about six o'clock, I was in the room behind the shop—I heard a noise at the window—I went into the shop, and found the things displaced in the window, and this waistcoat, which had been hanging about two feet from the window, was gone—the policeman brought up the prisoner with it.

WILLIAM SMITH (police-constable E 151.) I was watching the prisoner and saw him doing something at the prosecutor's window—in about fire minutes be came down the street, and I took him, and asked what he had concealed under his jacket—he made no answer—I found he had this waistcoat—I took him back to the prosecutor's shop—I found this piece of wire rolled round his hand, with a hook at the end of it.

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

1st March 1841
Reference Numbert18410301-850
VerdictGuilty > unknown

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850. HENRY COSTER was indicted for stealing, on the 20th of February, 5 handkerchiefs, value 14s. 9d., the goods of Michael Hall and another.

CHARLES GOULD . I am in the employ of Michael Hall and another, linen-drapers, in St. Pauls-churchyard. On the 20th of February, the prisoner came for a pair of braces for 6d., and while the young man went to another part of the shop, he took five handkerchiefs in one piece, and put them under his jacket—I took them from him, and sent for a policeman.

THOMAS WALKER . I was in the shop—the prisoner came in, and asked me for a pair of braces about 6d.—I went to get them, and when I returned, he was in custody of Gould, and was begging for mercy—these are the handkerchiefs.

Prisoner. The handkerchiefs were on the counter—I laid hold of one to look at—I only had them in my hand.

GUILTY .* Aged 15.— Transported for Seven Years.—Convict Ship.

1st March 1841
Reference Numbert18410301-851
VerdictGuilty > unknown

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851. ALEXANDER WILSON was indicted for stealing, on the 11th of February, 1 handkerchief, value 1s., the goods of John Picart, from his person; and that he had been before convicted of felony.

JOHN PICART . I live in Alfred-street, Bedford-square. On the 11th of February I was walking with a friend in Broad-street, Bloomsbury—I felt my coat tugged behind me, and at the same time I saw the prisoner, who cast away my handkerchief, which was in my pocket some minutes before, and I found it was gone—this is it.

Cross-examined by MR. PAYNE. Q. What countryman are you? A. A Frenchman—I turned round immediately on feeling my lose—I am quite sure he had it in his hand when I turned back—I am sure I saw him throw it away—I took it from the ground, and took him—he was at my side when I saw him throw it down, but the handkerchief was thrown three or four yards off.

CHARLES SCHWARTZ . I was with Mr. Picart—I saw the prisoner throw the handkerchief away—Mr. Picart took it up, and took him by the coat—I called the policeman.

Cross-examined. Q. Did you see it in the prisoner's hand? A. I saw it on the ground.

CHRISTOPHER NORTH (police-constable N 17.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person who was then convicted.

GUILTY . Aged 19.— Transported for Ten Years.

1st March 1841
Reference Numbert18410301-852
VerdictNot Guilty > unknown

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852. JOHN FOWLER was indicted for stealing, on the 6th of April, 2 jackets, value 1l. 1s.; the goods of Patrick Delay, his master.

PATRICK DELAY . I am a tailor; I did live in Love-court, Whitechapel, and the prisoner lodged in the house with me. On the 6th of April I left him making one of these jackets, while I lay in bed, as I felt slightly indisposed—when I got up he was gone with the two jackets—in seven or eight days after, I received a letter containing the duplicates of them—I found the prisoner at work, on the 1st of February, and gave him in charge—he said he would make an arrangement with me.

Prisoner. It is his own fault; he took me to a public-house; we staid out all night drinking, and he was in bed drunk all the next day; the greater part of the money was coming to me for making those jackets. Witness. No, he owed me money—I had been drinking, but not with him.

GEORGE COMERFORD (police-constable H 105.) I took the prisoner—I saw the Magistrate sign his name to this examination—(read.)—"The prisoner says, 'when I disposed of them I did not mean to rob him; when I sent him the duplicates. I thought of sending him the money as soon as I could.'"


1st March 1841
Reference Numbert18410301-853
VerdictGuilty > unknown

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853. WILLIAM ANDREWS was indicted for stealing, on the 6th of February, 36 cigars, value 3s.; the goods of William Peirson.

WILLIAM PEIRSON . I live in Weston-street, Somers-town, and keep a tobacconist's shop. On Saturday night, the 6th of February, about twelve o'clock, I was going into my house, and saw the prisoner lift up the lid of the glass case, take about four dozen cigars, and put them into his pocket—he then attempted to get out—I caught hold of him, and said he was not going till he gave me up my property—he said, did I accuse him of theft?—I said, "Yes"—he hustled with me; said I was no officer, and I had no right to take him—I said I had, and he turned and threw the cigars at my feet, gave me a violent slap on my head, and said, "Take that, you b—!"

Cross-examined by MR. PAYNE. Q. How long have you kept this shop? A. Not more than three weeks—I was but two or three yards from the prisoner—there were six persons in the shop.

ELEANOR PEARSON . I was going into the shop to buy some tobacco—there were two men and two women at the further end of the shop, talking to the prosecutor's wife—the prisoner was on my right-hand side—I had not got past him when I heard the glass case closed—I turned, and saw him hurrying out of the shop—Mr. Peirson stopped him—I saw the cigars fall from him outside the shop door—I heard the expression he made me of, but did not see the blow struck.

Cross-examined. Q. When you saw the cigars fall, how near were you to the parties? A. Quite close—I am convinced they fell from the prisoner—there was nothing between me and the prisoner—I picked up some of them.

MARTIN KEAN (police-constable S 194.) I heard a cry for police—I went up, I saw the cigars on the ground, and the prisoner in custody of the prosecutor—he gave him in charge to me—he turned round on the prosecutor, and wanted to know what right he had to stop him, being no officer—he struck him a violent blow on the face, and said, "Take that, you b—"

Cross-examined. Q. Did he not appear to you to have been drinking? A. I should say he had.

(The prisoner received a good character.)

GUILTY . Aged 22.— Confined Six Months.

1st March 1841
Reference Numbert18410301-854
VerdictGuilty > unknown

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854. JANE WILSON was indicted for stealing, on the 8th of February, 1 handkerchief, value 2s. 6d.; and I snuff-box, value 5s.; the goods of James Bailey.

JAMES BAILEY . I am a sailor. On the 8th of February, about four o'clock in the afternoon, I met the prisoner, and went with her to a brothel in West-street—we then came out, and went to a public-house—we left about nine in the evening, and went back to the house—I had laid out my money in treating her, and bad not money enough to stop with the people all night—I took the handkerchief off my neck, and gave that to the landlord, as a pledge till the morning—I told him I would bring up the money for my bed, and I should expect my goods again, and he said, "By all means"—the prisoner then showed me my bed up stairs—I pulled off my clothes, folded them up very carefully on the table, and went to bed—I covered the clothes over my head, and went to sleep for two hours, or two hours and a half—the prisoner came about half-past twelve, shook me about, and wished me to go somewhere and get another lodging—I put on my clothes, and when I came down I missed my snuff-box from one of my pockets and my handkerchief from another—I asked her for them,

she said they were all right—I waited a few minutes, and asked her for them the second time—she still told me they were all right—I asked her for them the third time, and she told me she never saw them—this is my handkerchief and box—I gave her in charge—I had not been quarrelling and gambling—I did not give them to her instead of money—I was sober—I had not drank above two quarterns of rum—I am sure she told me she had not got them.

Prisoner. You gave me these things instead of 5s., you were quite intoxicated when you went to bed, and got up sober. Witness. No such thing.

SAMUEL DOYLE (police-constable G 197.) I was called to this brothel, about half-past one o'clock, to take the prisoner for stealing this handkerchief and box—I asked her if she had got the property, she said, "No," she knew nothing about it—I said, if she did not produce it I must take her to the station—she still said she had not got it—she attempted to pass it to the brothel-keeper, who was in the room, and I took it from her hand.

GUILTY . Aged 24.— Confined Three Months.

1st March 1841
Reference Numbert18410301-855
VerdictNot Guilty > unknown

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855. JAMES BANGER was indicted for stealing, on the 8th of February, 1 bag, value 6d., and 27lbs. weight of horse-hair, value 18s.; the goods of George Townshend.

GEORGE TOWNSHEND . I am a coachmaker, and live in New-street mews. I had two bags of horse-hair in a store-room, opposite where I live. About the 8th of February the policeman called on me, with two bags and some horse-hair—one of the bags was mine, and the hair was, as far as I can judge; it resembled what I had, and which I had seen safe three or four days before—the weight of what was found corresponded with what I had, within a quarter of a pound.

GEORGE SPURR . I am apprentice to the prosecutor. I carried the hone-hair to the store-room, which was padlocked—I missed it about half-past nine o'clock on the 9th of February—I have compared the horse-hair and bag now produced with the remainder in the store-room—they are my master's.

Cross-examined by MR. PAYNE. Q. How long had you had the horse-hair? A. From about the beginning of January.

WILLIAM LINLEY (police-constable D 20.) On the 8th of February, about half-past twelve o'clock at night, I was in Dorset-street—I saw the prisoner and two or three others coming in a direction from New-street mews—the prisoner had something bulky on his back—I crossed to see what he had got, and one of the party said, "Here is a crusher coming over"—the prisoner then threw the sack off his back, and they all ran away down Little Park-street—I pursued and took the prisoner—I brought him back, and asked where he got the bag—he said he fell over it in New-street mews—the horse-hair and bag correspond with what is at the prosecutor's.


1st March 1841
Reference Numbert18410301-856
VerdictGuilty > unknown

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856. DANIEL SMITH was indicted for stealing, on the 1st of March, 20 yards of woollen cloth, value 15l., the goods of Gabriel Gregory Webb.

THOMAS CORNELIUS GIBSON . I am clerk to Gabriel Gregory Webb, in the Poultry. At a quarter past twelve o'clock, on the 1st of March, I was sitting at a desk—I heard a noise, turned, and saw the prisoner with this cloth under his arm—seeing me he dropped it in the warehouse—he

had come up stairs to get it—he ran out, and ran between the omnibuses, and I caught him in Charlotte-row—he begged me to forgive him, and said he was a poor lad out of a situation—the cloth is worth 15l.

WILLIAM HAMILTON (City police-constable, No. 430.) I took the prisoner, and have the property.

Prisoner's Defence. I went up stairs to ask for a situation; this parcel fell down behind the door; I only picked it up.

(The prisoner received a good character.)

GUILTY . Aged 22.— Confined Six Months.

1st March 1841
Reference Numbert18410301-857
VerdictGuilty > with recommendation

Related Material

857. JOSEPH CLEMENTS was indicted for stealing, on the 22nd of February, 1/2 a pint of oil, value 1s. 4d.; and 1 bottle, value 2d.; the goods of William Valder.

JOHN BENN . I am servant to Wm. Valder. On the 22nd of February our servant gave me information, and I missed this bottle of oil from the window—I went out after the prisoner—I called to him—he began running—he went to a beer-shop—I followed, and saw the bottle in his bosom—I do not know what he did with it—I returned, and told my master—I am sure the bottle I saw in his bosom was the one I put the oil into—there was no one in our tap-room but the servant and the prisoner—it had not got a cork in it when I put it into the window, nor when I saw it with the prisoner.

MARY ANN BUTLER . I saw Benn place the bottle in the window about three o'clock—the prisoner was in the room—I was sent to fetch some water—I came back in five minutes—the prisoner and the oil were gone.

JAMES DANIEL (police-constable T 160.) I went to Iver after the prisoner—I went to his house—his wife told me she was directed to shut the door, and let no person in—I had great difficulty in getting in—I found him, and he said he knew nothing of it, he should not come for anybody—I was obliged to get two constables of the parish to help me—he struck me two or three times, and we were thrown down—at last we were obliged to persuade him to go—he said to his wife, "It is Mr. Valuer's job, I shall get six months for it."

Prisoner's Defence. I had got a hundred and fifty yards from his house; the boy hallooed after me, "Where is that oil-bottle?" I said, "I have never seen one;" the policeman dragged me out of bed like a dog.

(The prisoner received a good character.)

GUILTY. Aged 49.—Recommended to mercy by the Jury. — Confined Eight Days.

1st March 1841
Reference Numbert18410301-858
VerdictGuilty > unknown

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858. GEORGE DOBSON was indicted for stealing, on the 15th of February, 22 cigars, value 2s. 9d.; and 31 sheroots, value 3s. 9d.; the goods of Julia Amelia Harman.

JOSEPH HARMAN . I live with my mother, Julia Amelia Harman, a widow, keeping a tobacco-shop in Tabernacle-square. On the 15th of February I was in the parlour behind the shop—I heard something, and saw the prisoner leaning over the cigar-box on the counter—I came into the shop, and asked what he wanted—he said, "Half an ounce of tobacco"—I said, "You have been taking the cigars"—he said, "No"—I said, "You have"—he said at last that he had been taking them, because nobody was in the shop—I shut the door and went out for a policeman—he opened the door and ran out—I took him, and he tried to get under the

book-stall next door—we both fell, and some person pushed him back into the shop—he took some of the cigars out of his pocket, offered them to my mother, and told her to take them back—they were the same she had lost—I saw him put them into his pocket when I came into the shop.

JAMES FRY (police-constable G 93.) I saw the prisoner and Harman scuffling—I searched the prisoner, and found in his pockets fifteen cigars, and some sheroots mixed with them.

Prisoner's Defence. Just as I went in, a person came out; I knocked, and asked for half an ounce of tobacco.

(The prisoner received a good character.)

GUILTY . Aged 19.— Confined Three Months, the last Week solitary.

1st March 1841
Reference Numbert18410301-859
VerdictGuilty > unknown

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859. GEORGE SMITH was indicted for stealing, on the 18th of February, 3 shirts, value 8s.; 4 shifts, value 12s.; 1 gown, value 9s.; 1 frock, value 4s.; 2 table-cloths, value 7s.; 1 petticoat, value 6s.; I handkerchief, value 4s.; and 12 yards of line, value 5d.; the goods of John Roache Mead: and I gown, value 4s., the goods of Mary Harrington.

MARY HARRINGTON . I am servant to John Roache Mead, of Great Cambridge-street, Hackney-road. On the 18th of February I put out some shifts, frocks, and things to dry—I saw them safe at six o'clock, and ten minutes after, they were gone—I have examined the handle of things the policeman has—they are my master's, and the gown it mine.

WILLIAM SAUNDERS (police-constable N 170.) I stopped the prisoner with these things about seven o'clock in the evening of the 18th of February.

Prisoner's Defence. I picked them up in the Hackney-road; they were tied up.

GUILTY . Aged 24.— Confined Four Months.

Fifth Jury, before Mr. Sergeant Arabin.

1st March 1841
Reference Numbert18410301-860
VerdictGuilty > unknown

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860. WILLIAM HUMPHREYS was indicted for embezzlement.

OWEN HILES . I am a baker, living at Shoreditch. The prisoner had been in my service six weeks—he ought to account for what money he received every night—that was my regular course of dealing.

MARIA SIMPKINS . I deal with the prosecutor; the prisoner supplied me with bread on his account. On the 1st of February I paid him 11 1/4 d. on account of his master—I gave him a shilling, and he gave me 3/4 d. out—I paid him 11 1/4 d. more on the 5th.

MARY ANN MOORE . I deal with Mr. Hiles for bread—I paid the prisoner 3 1/2 d., on the 5th of February, on his master's account.

OWEN HILES re-examined. The prisoner only accounted to me for 3 3/4 d. which he received on the 1st of February—7 1/2 d. was lost to me—he told me he had received it on that night, and that was all he had received—I never spoke to him about what he had received on the 5th—he did not account to me for the 3 1/2 d.—I had no conversation with him about it—I went round and inquired, and had him taken up—I have never had the money.

Prisoner's Defence. When I took out my bread of a morning, he counted what I took out, and what I brought back, and he saw it was correct; on the 5th of February Simpkin said, "We don't want so much bread, we have been obliged to buy some;" they did not take so much in; I was rather late that day.

JURY to OWEN HILES. Q. Were you not in the habit of counting the

bread taken out, and counting it when it came back? A. On the 1st I did not, and on the 5th I went to Walthamstow—I did not book his bread till Saturday, and then he was two quartern loaves deficient, which he accounted for when I booked his bread—on the 5th he had five loaves out, and only accounted for three; and a few days before that my wife saw him come into the shop and take three.

GUILTY .* Aged 20.— Transported for Seven Years.

1st March 1841
Reference Numbert18410301-861
VerdictGuilty > unknown

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861. JOHN HART was indicted for stealing, on the 1st of February, 8lbs. 10oz. weight of shruff, value 10s.; 2 wooden boards, value 2s.; I saw, value 2s.; 2 yards of carpet, value 1s. 6d.; and 1 brush, value 3d.; the goods of Henry Mayers, his master.

HENRY MAYERS . I am a carver and gilder, in Leadenhall-street. The prisoner was in my service constantly for about four months—I suspected him, and told him I wished to search his residence, in Catherine-wheel-alley, Whitechapel—he said he would not go with me—on that I had him taken into custody, and I and the policeman went there—I found some shruff there, which is the waste of quicksilver, also two boards, a brush, a screw-driver, and some pieces of carpet—they were placed in the bed-room, and sewn together—it is my property—I said, if he confessed what he had robbed me of, and would give it me up, I would have no more to do with it—he said he would have me punished for accusing him—when he came to the police-station he acknowledged it was mine.

Cross-examined by MR. PHILLIPS. Q. What wages had he? A. fifteen shillings a week—I had a boy that did his work for 5s. a week—I took the prisoner out of charity—he came on Sundays to look after the horse—he has a wife and child.

JAMES CARTIER (City police-constable, No. 622.) I took the prisoner into custody in Essex-street—I searched his premises, and found these articles—his wife and infant seemed very distressed.

GUILTY . Aged 3l.— Confined Three Months.

1st March 1841
Reference Numbert18410301-862
VerdictNot Guilty > unknown

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862. EDWARD JOHNSON was indicted for stealing, on the 4th of February, 9 handkerchiefs, value 2l. 6s.; the goods of John Crowther Drew.

JOHN CROWTHER DREW . I am a hosier and glover in Burlington Arcade—I saw the prisoner at the shop for the first time on Thursday, the 4th of February—he was there a quarter of an hour or twenty minutes—I have no doubt he was the person—he asked for a pair of small woollen gloves; I showed him some; he selected one pair, and paid me for it—he then asked to look at some silk handkerchiefs; he said he wanted one for his brother—I showed him some; they did not suit him—I then asked the sort he would like—my boy came in, and I sent him to a neighbour's shop to get one—he brought one; the prisoner paid 6s. 6d. for it, and shortly after left the shop—in two minutes I began to re-fold my handkerchiefs, and missed one piece, containing seven handkerchiefs, which I had shown him, and after that two more—no one else was in the shop—I am certain he is the person—he came again on the 13th I think, with another person—he first asked to look at some woollen gloves for himself—I showed him a great variety—he selected one pair, which came to 1s. 6d.—he put down a sovereign; I returned him 18s. 6d.—he then asked to look at some silk handkerchiefs—I took two or three pieces from the top of a pile in the window, and said, "I believe I sold you a handkerchief some

days ago?"—he said, "Yes"—I then said, "Perhaps you will pay me for the nine you stole that day?"—he affected surprise—I do not know what observation he made; but, before I could look round, he and the other man both ran away—in the course of five minutes he was brought back by one of the officers of the Arcade.

Cross-examined by MR. PHILLIPS. Q. Are you quite sure of all this? A. Yes—I accused a woman this time last year under similar circumstances, and the was transported—I appeared against two persons at one time, and the bills were ignored—they stole ten or twelve handkerchiefs from me—it was one case—one of the men is in custody now for stealing—I said I would not have given the prisoner into custody if he had not run away—I have only my wife and myself to attend to my shop—there was a gentleman in the shop the first time the prisoner came—the prisoner, on the first occasion, asked to look at some scarfs—I did not forget that—I never was a witness here—I was not a witness against the woman—I did not go after the prisoner, because there was no one in my shop—the second tune he was brought back to my shop, when I said to him, "Perhaps you will pay me for the nine handkerchiefs you stole that day;" to the best of my belief he did not answer, "I never stole them"—what I swore before the Magistrate was true—I do not think he said he did not steal them—my belief is, that he did not say those words.

THOMAS TYSON . I am a constable in Burlington Arcade. I was opposite the prosecutor's door when the prisoner and another gentleman ran out—I pursued and took the prisoner in Stafford-street.

Cross-examined. Q. Will you tell us whether the prisoner had an attack in his bowels? A. He had—the prosecutor told me he should be surprised if the bill was found, as he had found no property.


1st March 1841
Reference Numbert18410301-863
VerdictGuilty > with recommendation

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863. WILLIAM TAPPIN was indicted for stealing, on the 20th of February, I purse, value 6d.; 4 shillings, and 13 sixpences; the property of James Le Sage, from the person of Louisa Le Sage.

LOUISA LE SAGE . I am the wife of James Le Sage. On the 20th of February I stopped to buy a herring at Mr. Huggins's shop, in Union-street, Spitalfields—I took out my purse, and took 6d. from it—I am quite sure I put my purse again into my pocket—it then contained four shillings and thirteen sixpences—I then thought I noticed some one at my back, where my pocket-hole was—I put my hand to my pocket, and missed my purse—I saw a little boy pass something to the prisoner—I said to him, "You have got my purse"—he never said a word, but ran away—I ran, and called "Stop thief!"—he was taken, and my purse was found.

Cross-examined by MR. PHILLIPS. Q. It was not found on the prisoner? A. No—I had never seen him before—it was between seven and eight o'clock at night—I was married at Hackney church.

HENRY POTTER . I heard Mrs. Le Sage cry "Stop thief I and saw her running—I looked round momentarily—I saw a boy running, and he dropped something—I went into the road, and picked up a purse.

Cross-examined. Q. It was a small boy, was it not? A. I could not tell, as he went past so quick—I did say it was a smaller boy than the prisoner.

DENNIS HUDE . I am a ward-officer of Cripplegate. I was passing Crispin-street, and heard a cry of "Stop thief!"—I saw the prisoner running

and he was taken—I asked what he had done—he said he had done nothing—Mrs. Le Sage came up, and said, "That villain has robbed me of my purse"—I took him to the station, and this purse was brought to me all over mud—it had four shillings and thirteen sixpences in it.


STUBBS. My husband is a silk-weaver. I was in the street when Mrs. Le Sage lost her purse—I saw a smaller boy than the prisoner heave the purse into the road—I went to the station, but they would not let me in.

COURT. Q. Did you see the prisoner there at all! A. I saw him, he was close by me—I did not see him run.

(The prisoner received a good character.)

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

1st March 1841
Reference Numbert18410301-864
VerdictGuilty > unknown

Related Material

864. MARY GOULDING was indicted for stealing, on the 9th of February, I kettle, value 1s.; 1 saucepan, value 1s.; 1 bonnet, value 1s.; and 1 cap, value 6d.; the goods of Rebecca Elvigeh: and that she had been before convicted of felony.

REBECCA ELVIGEH . I am an unfortunate girl—I live at Mrs. Neal's in Church-lane—I hired a room there which I left with my property in it, padlocked up, on the 5th of February, between seven and eight o'clock, and returned in half an hour—I found my door broken open—I missed seven pictures, some toys, and other things—on the 9th my door was broken again in the same way; I missed my bonnet, cap, kettle, and saucepan—I know the prisoner, she is unfortunate, like me—this is the bonnet and cap—the other things I have not seen since.

JOHN O'BRIEN . I live in Monmouth-court. The prisoner, who is a relation of my wife's, brought this bonnet to my house, and asked to leave it there for a while—the prosecutrix came and claimed it.

JOHN JAMES ALLEN (police-constable E 159.) I went with the prosecutrix, and found the pictures, which the prosecutrix identified, under the prisoner's bed.

Prisoner. The prosecutrix had been drinking with me all day—there was another person at the door with O'Brien when I went there—the prosecutrix's door was broken by some policeman to take her for bad money, and she gave me the bonnet into my hand.

REBECCA ELVIGEH re-examined. I did not—I was not out on either of the days till I went out at night—I never drank with her in my life—. I live in the parish of St. Giles.

CHARLES COOPER . I have been a policeman. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—she was sentenced to be transported for seven years—I was a witness, and know she is the person.

GUILTY . Aged 20.— Transported for Seven Years.

(There was another indictment against the prisoner.)

1st March 1841
Reference Numbert18410301-865
VerdictGuilty > unknown

Related Material

865. JAMES ELLERBY was indicted for stealing, on the 4th of February, 2 shawls, value 10s. 6d., the goods of Sarah Wiltshire May.

SOPHIA BURTON . I live with Sarah Wiltshire May, she is in the outfitting business, in Grenada-terrace, Commercial-road. On the 4th of February the prisoner came and asked to look at two shawls, which hung in the window—I showed them to him—he said, "Send them down to my house; I keep the Nelson beer-shop, two doors on this side of the White Horse turnpike"—he went away and did not pay for them—I

took them to where he ordered, and gave them to a man at the bar, who was not the prisoner.

WILLIAM BEDFORD . I was shopman to Mrs. May—I did not see the prisoner in the shop, but I was sent down to the beer-shop the next day for the money—I saw a person who described himself as the landlord, but did not get the money—I saw the prisoner come to Mrs. May's, on the Friday evening following—he stated he had a friend outside in the cold, and if we did not detain him then, he would call and pay for them the next day—he never did pay—when I went to the house, I saw other persons waiting there with goods, and knocking to get in.

Prisoner. There was no licence to the house—I was waiting a day or two to get it.

WILLIAM THOMAS CHINN . I am shopman to Mr. Bartlett, a pawnbroker. I took in these two shawls on the evening of the 4th of February, to the best of my belief, of the prisoner.

Prisoner. Q. Are you quite certain I am the, person? A. I feel quite certain of it.

JAMES KINGZETT . I am a policeman. I apprehended the prisoner on the 9th of February in the Commercial-road, on another charge—I found on him the bill for these shawls, and the duplicate of them was found at his residence.

JAMES DONOVAN . I am a police-sergeant. On the day the prisoner was brought up at the Thames Police, I was ordered to make inquiry as to where his wife lived, which he said was at No. 22, Windmill-street, Lambeth—I went there, and she did not live there—I found she lived at No. 23, by the name of Elverston—I called for her, she came down—I inquired if her husband had been at home the last evening—she said, "No"—I went up stairs—she ran before me, and got hold of forty-seven duplicates, and was about to throw them into the fire—I laid hold of her hand, and got them from her—I found they were the duplicates of the property obtained from different tradesmen.

SAMUEL SARD . I live in George-street, Blackfriars-road—the Nelson beer-shop in the Commercial-road is my house—I do not know the prisoner, and he had nothing to do with my house there—I do not take in parcels there for him, nor any thing of the sort—he is a perfect stranger—I never saw him till he was at the Thames Police.

Prisoner. Q. Did you let the shop and premises to a Mr. Smith? A. I did.

Prisoner. I had it under let to me by Mr. Smith.

SOPHIA BURT re-examined. When the prisoner selected these shawls, he desired them to be sent to the beer-shop for his wife's inspection—Mrs. May made out the bill, and I was to leave the shawls for his wife's inspection, without the money—they were not sold to him—it depended on whether his wife would like them.

Prisoner. As to the shawls being left for inspection, they were bought, and sent home—I called two or three days after with intent to pay for them—I had no idea nor intention of stealing them.

GUILTY . Aged 42.— Transported for Seven Years.

(There were three other indictments against the prisoner.)

1st March 1841
Reference Numbert18410301-866
VerdictGuilty > unknown; Guilty > unknown
SentenceCorporal > whipping; Transportation

Related Material

866. EDWARD CULLEN and ALEXANDER ROWE were indicted for stealing, on the 20th of February, I dead fowl, value 2s. 6d.; the property of William Bateman.

WILLIAM BATEMAN . I keep a poulterer's shop in Tyrer-street, St. James's—on the 20th of February, I noticed the two prisoners near my shop, about eight o'clock in the evening—I then saw Cullen push Rowe against the window—I had seen my fowl safe the minute before, and one of them took it, I cannot say which—I went out, and they dropped it between them—they then separated, and attempted to escape in different directions—they were taken within a few yards of my door.

JAMES POWELL . I am a policeman—I took the prisoners, and have the fowl—I found two duplicates, a key, and a knife, on Rowe—they denied all knowledge of each other—when before the magistrate, Cullen said be believed it was Rowe took the fowl.

Rowe's Defence. I was out looking for a place—there was a cry of "Stop thief," and a man took me.

(Cullen received a good character.)

CULLEN— GUILTY . Aged 13.— Whipped and Discharged.

ROWE*— GUILTY . Aged 16.— Transported for Seven Years.—Convict Ship.

OLD COURT.—Friday, March 5th, 1841.

First Jury, before Mr. Sergeant Arabin.

1st March 1841
Reference Numbert18410301-867
VerdictGuilty > unknown

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867. JAMES GROVES was indicted for stealing, on the 9th of February, 1 sheep, value 30s.; the property of Samuel Jordan. 2ND COUNT, for killing the same, with intent to steal the carcase.

MR. PAYNE conducted the Prosecution.

SAMUEL JORDAN . I am a farmer, and live at Stanwell—I had two hundred and forty-six sheep in a field, in the parish of Bedfont, on Monday, the 5th of February—I was informed on the Wednesday, that one was missing—a skin was shown me on the Thursday, which I am quite sure was one of the two hundred and forty-six—I had a mark on it—I saw the head, and compared the skin with it—it exactly corresponded.

DANIEL DORSET . I am shepherd to Mr. Jordan, and had charge of his flock of sheep—On Monday, there were two hundred and forty-six—I counted them on Wednesday morning, and there were only two hundred and forty-five—I saw the skin on Wednesday afternoon, and knew it again—it was the skin of one of the sheep found in the field—I saw it compared with the skin on the head, and it fitted.

THOMAS BRAY (police-constable T 208.) On Wednesday, the 10th, in consequence of information, I searched for the skin of a sheep—I found one in a ditch, in the adjoining field to Mr. Jordan's flock—I showed that skin to Mr. Jordan, and he identified it as one of his—I then went to the prisoner's house, and found in his bed this hatchet tinged with blood—it had been wiped, but not clean—it appeared to me to be fresh blood—I afterwards found the carcase and head of a sheep, in an empty cottage next to the prisoner's—the doors of the two houses are within five feet of each other—the back door of the house was open—the carcase was cut into four quarters, and the head separated—I saw the skin of the sheep

compared with the head—it fitted altogether, bones and all—I afterwards took the prisoner into custody—I compared his shoes with some footmarks—they are very particular shoes—one has half a tip, and they are of different sizes—one is half an inch longer than the other—the shoes tallied with the impressions in all respects—I traced the marks from the cottage where the carcase was found, to the place where the sheep was slaughtered, and again from there down the side of a hedge, and through a gap where some of the bloody wool was lodged—it appeared to hate been thrown over another hedge, for some of the wool was on the hedge.

Prisoner. When the head and skin were at the Magistrate's, the constable took the axe, and smeared it on the head, and made it all bloody, and wrapped it up in paper directly. Witness. I did not—the inspector did look at the hatchet, hut he did not touch it—he held it to the head to see whether it corresponded with a mark in the hatchet—there was a mark in the hone of the head, where it was cut off.

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

868. JAMES WARREN and THOMAS PALMER were indicted for stealing, on the 22nd of January, 3 billiard-balls, value 7s. 6d., the goods of James Ariell.— Also, on the 1st of February, I painting and frame, value 30l., the goods of George Alexander Reid, Esq., in his dwelling-house,— Also, on the 8th of February, I watch, value 20l.; 2 seals, value 30s.; and I watch-key, value 5s.; the goods of Charles Herring, in his dwelling-house.— Also, on the 13th of February, 2 rings, value 12l.; and 5 studs, value 30s.; the goods of Sir Thomas Erskine Ferry, Knt., in his dwelling-house.— Also, on the 15th of February, 1 bracelet, value 5l., the goods of John George Shaw Lefevre.— Also, on the 18th of February, 2 rings, value 10l.; 2 brooches, value 20l.; and I chimney ornament, value 5l.; the goods of John Broadhurst, in his dwelling-house: to all of which indictments.

WARREN pleaded GUILTY . Aged 23.

PALMER pleaded GUILTY . Aged 24.

Transported for Fifteen Years.

Fourth Jury, before Mr. Common Sergeant.

1st March 1841
Reference Numbert18410301-869
VerdictGuilty > unknown

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869. MARY AYRES was indicted for stealing, on the 8th of February, 1 table-cloth, value 3s., the goods of Edwin Barnard, her master.

JOHN SAVAGE . I am a pawnbroker in Whitechapel-road. On the 8th of February the prisoner came and offered this table-cloth for sale—I told her I must see her brother, I did not know her, but she had stated that a shirt which she had offered, belonged to her brother—she said he was a few doors outside, and she would fetch him—I followed her out and gave her in charge.

BETSY BARNARD . I am the wife of Edwin Barnard, and live in College-terrace, Stepney. The prisoner was in our service, and left on the 8th of February—I did not miss this table-cloth till the policeman brought it—I know it to be mine by my husband's mark on it in his handwriting.

Prisoner's Defence. I picked a bundle up in Whitechapel-road, and this shirt and table-cloth were in it.

GUILTY . Aged 20.— Confined Six Months.

(There was another indictment against the prisoner.)

1st March 1841
Reference Numbert18410301-870
VerdictNot Guilty > unknown

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870. ELLEN CLARKE was indicted for feloniously forging and uttering on the 15th of February, an order for the payment of 2l. 10s., with intent to defraud Anselom Jewell.

ANSELOM JEWELL . I am a slop-seller in High-street, Shadwell. On Monday evening, the 15th of February, between seven and eight o'clock, the prisoner came and asked if I would cash her husband's advance note, which she produced—I asked where her husband was—she said, "He is at home"—I said, "Why did not you bring him with you?" she said, "He has been working very hard all night, and is going off very early in the morning; I want some clothing for him"—she said her name was Ellen Smith—when she produced the note, she said, "My husband has put his name on the back of it; I want two of the best blue twilled shirts, two pairs of drawers, a Scotch cap, and a pocket-handkerchief—I looked at the note, and from what I saw on it, I said, "Going in the Bullfinch to St. Petersburgh?"—she said, "Yes"—I said, "It is very early for St. Petersburgh this time of the year"—she said, "Yes, but the ship is going to discharge part of her cargo at Elsinore, and lay there till it is weather to go to St. Petersburgh"—I gave her the articles, which were worth 1l. 9d., and 1l. 6s. 9d. in money—when she had got the money, she said, "A friend of mine is going away on Friday or Saturday, will you cash his note?" and that is the way I detected this forgery, as she afterwards brought me another note—on the Thursday morning I went to Leaden-hall-street where this note is made payable—I did not present it for payment, but went to ascertain whether it was a genuine note—I could find no No. 41, Leadenhall street—I found 38—it is made payable at Frazier's, 41, Leadenhall-street—I found 42—I found the firm Frazier and Co., at No. 30,—I presented the note to know whether it was correct—I did not ask for the money—there is nobody here from Frazier's—I went to Threadneedle-street, to Sclden and Johnson's office, and presented the note there—the Bullfinch was lying in the dock at that time, under repair—there was no crew on board her—I saw Mr. Gunter, the owner there—I have known him some time—I do not know the prisoner's writing.

Cross-examined by MR. PHILLIPS. Q. What is the name of the commander of the Bullfinch, which you supposed was the ship she referred to? A. Captain Clark—I deal with seamen—we get 5 per cent, for cashing these notes—sometimes 10 per cent., and sometimes I lose 50.—I never make more than 10 per cent—perhaps I may sometimes make 10 or 15 per cent.—I never made 20 per cent.—I have seen the prisoner three or four years ago, when she chared at lodging-houses, which I supplied with goods, and I might say good morning to her, but I never had any conversation with her—I lived in Philip-street, St. George's in the East, three or four years ago—I went to the ship to see if Smith was on board, but not till after I took the note—I told the Magistrate I went to the ship, and that she said he was her husband—there is no No. 39, 40, or 41, in Lombard-street—I looked up and down the street, and could not find it—Captain Clark was the commander of the vessel I went to—there is only one ship Bullfinch—I never heard of any other—I take in Lloyd's List—I do not know whether there are other Bullfinches, but not going to St. Petersburgh—I did not go to William Hand—there is no Bullfinch commanded by William Hand, to my knowledge—if there was such a vessel, I should know it by seeing it in the List—there is not one in the Petersburgh trade—I do not know all the trade—there is no officer to tell the names of the outward-bound ships, except by the List and Gazette.

COURT. Q. She told you she got the note from her husband, who was going to sea in the Bullfinch next morning? A. Yes—she told me the ship laid in the London Dock, and I and the policeman went to make inquiry three days after, on the Thursday.

MR. PHILLIPS. Q. Did you tell the Magistrate that he said her husband was going to sail next morning? A. That he was going away next morning—she did not tell me where her husband lived—she said she lived with her mother in the Back-road—I did not go there that night—I rather think she has not a husband, I have been informed he died on board a West Indiaman.

THOMAS GUNTER . I live in Thomas-street, Horsleydown, and am owner of the Bullfinch, lying at Horsleydown—the late captain of her was John Clark, but there is no captain at present—I do not know William Hand, whose name is signed to the note, and had no connexion with Frazier of Leadenhall-street—on the 13th of February there was no crew of the Bullfinch except one apprentice—I have seen this note—I do not know the prisoner's writing, nor William Hands—I am unable to say whether it is a forgery—there may be other Bullfinches, but I never heard of any.

GEORGE WILLIAM GRAY . I am a policeman. I apprehended the prisoner on Thursday—I told her I apprehended her on suspicion of passing a bad note to Mr. Jewell—she said, "If it is bad, it is more than I am aware of—I asked where she got it—she said it was given her by her husband—I asked where he was—she said she supposed he had sailed in the Bullfinch from the London Docks a day or two ago—I said I was not aware she had a husband—she said, "No, not my husband, but the man I have lived with for the last seven years"—I have been to the London Docks, and made inquiry there of the foreman.


1st March 1841
Reference Numbert18410301-871
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceTransportation; Transportation

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871. JOHN HOWARD and JOHN KEITH were indicted for breaking and entering the dwelling-house of William Fox, on the 2nd of February, at St. Luke, and stealing therein I writing-desk, value 2l. 10s., the goods of John Joseph Parker; and I table-cover, value 12s.; and 1 tea-caddy, value 2s.; the goods of William Fox; to which HOWARD pleaded

GUILTY . Aged 19.— Transported for Fifteen Years.

WILLIAM FOX . I am a carpenter, and live at No. 15, Powell-street, west, King-square, Goswell street, in the parish of St. Luke—I reside in the house. On the 2nd of February, about a quarter before nine o'clock in the evening, I was standing by the fire in the back parlour, and thought I heard somebody in the passage—I am quite sure the passage-door had been shut—I took a candle off the table, and went into the front parlour—as soon as I opened the door I saw the table-cover was gone—I also missed a tea-caddy and a writing-desk belonging to Mr. John Joseph Parker, a lodger—I then went out to see if I could see any body, and met a policeman in Brick-lane—we went to the station, and the officer produced my table-cover and tea-caddy—I then went to a court in Golden-lane, and there found the writing-desk—my door had been fastened with a mock Brahmah latch—they must have got in by a skeleton-key—there was no marks of any breaking.

THOMAS MOONEY . I am apprentice to Mr. Powell, a jeweller. About eight o'clock in the evening of the 2nd of February I was coming out of

my house, opposite Mr. Fox's, and saw four men outside his house—having suspicion, I walked up and down the street, and watched their motions—I went to the corner, and peeped and saw two men go out into the road, and look up at the window—they came to the bottom of the street, and I took the next turning, which is Wellington-street, and took the first turning to the right, which took me into the same street again—as I was coming down on the same side of the way as the prosecutor's house, I saw a man not in custody come out with a writing-desk, and Howard at his heels with the caddy and table-cover—I made no alarm, but went to the bottom of the street, took the same turning as before, and saw the whole four on the opposite side of the way—Keith is one of them, and he was one of those I saw with the others before they went into the house—I followed them down Brick-lane, and when they came to the White Lion public-house, I saw Keith assist in carrying the writing-desk—when they got to the top of Brick-lane I lost sight of Keith—when I crossed over Old-street to Golden-lane, I saw the writing-desk in the possession of the man that took it out of the house—I followed them down Golden-lane till they came to the third court—I saw policemen Nos. 81 and 63 at a distance—I went to them, and told them—at that time the man with the writing-desk had turned into the court, and Howard came down with the table-cover and tea caddy under his arm—Horsford (policeman 63) came with me, and took Howard into custody with the tea-caddy and table-cover on him—he took him down the court where I had directed the policeman, No. 81—I heard a sudden start in the passage, and saw Keith coming down the stairs of a house—I recognised him to be one of the party—we went into that house, and there the writing-desk was found—I had never seen Keith before, but I am sure he is the man I saw with the writing-desk.

Keith. Q. You told the Magistrate you could only swear to me by having a comforter round my neck, now what comforter was it, a white or red one? A. A red one, but I am able to swear to you from other circumstances—I am quite sure of you.

WILLIAM CONSTABLE (police-constable G 81.) I was on duty about nine o'clock on this evening, in Golden-lane—Mooney spoke to me, and in consequence of what he told me, I went up into Hartshorn-court, and apprehended Keith in the passage, coming down stairs—I heard a kind of jingling noise behind him, and picked up about half a dozen skeleton keys—I took him to the station, and when I came back, I found two policemen in the first-floor room of the house, and saw this writing-desk, and these other skeleton keys.

Keith's Defence. The house I was taken in is my aunt's—I am a bricklayer by trade—I was coming down stairs, and the policeman said he heard something drop from my pocket, and he told the Magistrate that he picked up in the dark half a dozen skeleton keys—the Magistrate asked what he did with them, and he said he mixed them with the keys that police-constable No. 124 found—the Magistrate called 124 and 63, and asked whether they mixed any keys, and they said they did not.

WILLIAM CONSTABLE re-examined. The keys are mixed—I placed them on the table in the station, after returning from the house.

KEITH*— GUILTY . Aged 20.— Transported for Fifteen Years.

NEW COURT.—Friday, March 5th, 1841.

Fifth Jury, before Mr. Recorder.

1st March 1841
Reference Numbert18410301-872
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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872. JANE LEARY was indicted for stealing, on the 14th of February, 10 pence, 43 halfpence, and 1 farthing, the monies of John Roberts, her master; to which she pleaded

GUILTY. Aged 17.— Judgment respited.

1st March 1841
Reference Numbert18410301-873
VerdictGuilty > pleaded guilty

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873. JOHN BOBBINS was indicted for embezzlement; to which he pleaded

GUILTY . Aged 16.— Confined Three Months.

1st March 1841
Reference Numbert18410301-874
VerdictGuilty > pleaded guilty

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874. SARAH PANKHURST was indicted for stealing, on the 22nd of February, I pewter pot, value 1s. 4d., the goods of John Still; to which she pleaded

GUILTY . Aged 47.— Confined Ten Days.

1st March 1841
Reference Numbert18410301-875
VerdictNot Guilty > unknown

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875. JOHN CLARK was indicted for stealing, on the 9th of February, 9oz. weight of bacon, value 4d., the goods of Thomas Hutchinson.

WILLIAM AYLETT . I am shopman to Thomas Hutchinson, of Pitfield-street, Hoxton; the prisoner keeps a coffee-shop in the neighbourhood. Between ten and eleven o'clock on the 9th of February, he came and ordered a pound of butter to be done into four pats—several customers came in, and he said, "You need not wait, but go on serving your customers"—having had notice what had taken place the morning before, I went to the desk at the end of the counter, and had my eye on the prisoner—I saw him take a piece of bacon out of the flat which was standing under the desk, and put it into his apron-pocket—he then went from the flat to the end of the shop—I immediately called my master—I walked up, took hold of his arm, and said, "Clark, you are a d—thief, pull that bacon out of your pocket"—he did so, and handed it over to my master—we let him go home—a policeman came—my master then told me to go and give him in charge—I did so.

Cross-examined by MR. PHILLIPS. Q. That was the largest piece of bacon in the shop, I suppose? A. No—I have told the whole story—he was standing waiting at the counter when I came up to him—this bacon was directly under my nose—I did not tear a leaf out of his book, and add something which he did not buy, nor lift up my fist and threaten to strike him that day, and he did not tell me it would require a better man than me, nor tell me to send for a policeman if I dared—I let him go—I did, not take him, because there was no officer—the Magistrate bailed him—the prisoner told my master he was waiting there to get this weighed—I mean to say he meant to steal it—it is worth 4d.—he has dealt with my master up to yesterday.

THOMAS HUTCHINSON . I keep the shop. I was called—the shopman stated that the prisoner had stolen a piece of bacon—while I was behind the counter the prisoner handed from underneath his apron this piece of bacon—he said he wished it to be weighed—I said he was a thief, and I would have nothing to do with him—his father came since that, with tears in his eyes, and wished me to serve him, not the prisoner; and after the father pleaded as he had done, I thought I could not do better than serve him—I gave him to understand I was serving the father.

Cross-examined. Q. Does not the father live thirty miles from London? A. I do not know—I intended this bill (looking at one) for the

father—his father wished me to serve him, which I have done ever since—he came the day before or after I was at Worship-street—that is nearly a fortnight ago—he did not tell me where he lived—this bill is in my shop-man's hand-writing—there is 2d. too much charged in it.

COURT. Q. How often has the prisoner had articles from you since you made this charge? A. I have supplied the father two or three times a week—I cannot say whose servant comes for the things—it is the same servant that used to come before.

WILLIAM AYLETT re-examined. I was standing at the back of the shop when the prisoner took the bacon, directly opposite him; if he looked up he saw my face, and I saw his face—the bacon laid between us—there was about two feet distance between me and the prisoner when he lifted it up.


1st March 1841
Reference Numbert18410301-876
VerdictGuilty > unknown

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876. ROBERT MORGAN was indicted for stealing, on the 19th of February, I window-guard, value 7s., the goods of Thomas Marriott.

HENRY HENSHALL . I am in the service of Thomas Marriott, who keeps the Old Crown public-house, in Bloomsbury. On the 19th of February, about eight o'clock in the evening, I missed from the street-door a window-guard, which had been pegged on with some bits of wood.

JAMES COULSON . I keep a marine-store shop on Great Saffron hill, About a quarter-past eight o'clock on Friday evening, the 19th of February, the prisoner came and offered this guard for sale—he was carrying it up the back of his coat—I asked where he got it from—he said it came from the late fire in Finsbury—I said it was very curious there was no mark of fire, and what did he expect for it—he said 1s., which was far below the value—I sent my son for a policeman, under pretence of getting change.

EDWARD FROST . I live in Crown-street. On the 19th of February I was at the Crown public-house—I came out and saw the prisoner pull the guard out of the door—I went and asked the bar-man about it.

Prisoner. He could not swear to me at the office till I put my cap on, Witness. I am sure he is the man; he was dressed as a sweep, and at the office he was clean.

Prisoners Defence. A man gave it to me at my lodging; he said he got it at the rubbish at Finsbury-square.

GUILTY . Aged 22.— Confined Three Months.

1st March 1841
Reference Numbert18410301-877
VerdictGuilty > unknown

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877. CHRISTIAN REAGAN was indicted for stealing, on the 1st of February, 1 tame pigeon, price 1s., the property of James Rogers.

JAMES ROGERS . I deal in pigeons, and live in Harrison-buildings, City-road. I have missed a great many pigeons—I missed one from my aviary outside about a month ago—I after that saw it at the shop of Hanscombe—I had seen the prisoner near my premises many times before—I called him in, and told him I believed he had been robbing me—he said, after some consideration, that he had not, but he had sold one of the birds, and he had it of a boy named Jem, he did not know his other name, and he believed he was pulled—I asked him what he meant—he said, "Fully committed."

HARRIET HANSCOMBE . I am the wife of Nathaniel Hanscombe, who lives in St. John-street-road, and he deals in pigeons. I bought this pigeon of the prisoner, for 9d.,—he said he had lost the male belonging to it—I delivered it to the constable the moment Mr. Rogers came and owned it.

THOMAS ROGERS . This is my pigeon—when it was lost it was very ill—it had one complete black eye, and the other three-parts black, and a bit of red over the top, and it is so now—I am certain it is mine.

ROBERT NICHOLLS (police-constable G 142.) I took the prisoner—he said he did not take it, but got it of a boy named Jem.

Primmer. It was not me that took it; I sold it for a young chap.

(The prisoner received a good character.)

GUILTY .* Aged 18.— Confined Six Months.

1st March 1841
Reference Numbert18410301-878
VerdictsNot Guilty > unknown

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878. GEORGE WIGGINS was indicted for stealing, on the 25th of February, 30lbs. weight of hay, value 1s., the goods of Richard Henry Cox, his master; and WILLIAM BIGNELL , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.

JOHN WELDON . I am bailiff to Richard Henry Cox, of Hillingdon. Wiggins was his carter—I send hay to London by him—I have allowed one truss of hay on the top of the load, and a sack of hay, for the horses to use in London and on the road—that has been my imperative orders for the last twelve months, instead of two bundles—we have a rick of hay now in use—I have compared the hay shown me by the policeman with the rick, and, in my judgment, it is part of it—the prisoner was not entrusted to part with any.

Cross-examined by MR. PRENDERGAST, Q. Has be not been a considerable time with you? A. Yes, three years.

WILLIAM HENRY KENNINGTON (police-constable T 138.) On the morning of the 25th of February I was on duty in Uxbridge-road—about a quarter before three o'clock I saw a cart loaded with hay at the door of the Coach and Horses public-house—I saw Wiggins put from the top of the load a bundle of hay, and the lad who was with him put it into the crib, which stood opposite the public-house door, which they feed horses out of—I went by them, and waited a few minutes, and the cart drove away, leaving the hay behind in the crib—Bignell then came out of the front-door, and took the crib away, with the hay in it—it was a china crate—the horses in the cart had had some of the hay to eat, but this was what they had left—they stopped not more than eight or ten minutes, and had not time to eat it—I asked Bignell whose hay that was—he said he did not know, he supposed it belonged to the cart that was just gone—I then went and stopped the cart, and Wiggins was on the top of it—I asked if he had left any hay—he said, "No"—I took him back, and showed it him—I asked if that was it—he said, "Yes," he was very sorry, would I let him go, it was the first time.

Cross-examined. Q. Where is this public-house? A. About midway between London and Uxbridge—two horses were eating the hay—one was being turned round to it—there might be two eating—the crib was full when the hay was put in, and nearly full when it was left—here is 30lbs. weight of it—Bignell was not there when it was put into the crib, nor when the horses were eating—the crib is put there for the express purpose of having hay put in for the horses—I did not wait to see where Bignell took it to—all I saw was he moved the crib—he pulled it six or seven yards—the cart had been gone two or three minutes.

JURY. Q. Was the crib moved towards the road? A. He took it across the path to the wall.

Bignell I moved it about half a yard, out of the way of other persons who were coming.


1st March 1841
Reference Numbert18410301-879
VerdictGuilty > unknown

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879. JOHN SMITH was indicted for stealing, on the 23rd of February, I dead hare, value 3s. 6d., the goods of Charles Fenn; and that he had been before convicted of felony.

WILLIAM HUNT (police-constable C 168.) On the 23rd of February, about half-past nine o'clock in the evening, I saw the prisoner walk by the shop window, in Frith-street, Soho, take a dead hare, and walk off with it—a lad at the door called to him—he dropped it, and I took him—the shopman had put it on the board—he was preparing to shut up.

THOMAS BRYANT . I am shopman to Mr. Charles Fenn, Frith-street, Soho—I was in the shop—my master cried out, "There is a man stolen a hare"—I turned, and saw the prisoner walking past with it in his hand I—I went and caught him at the time the policeman did—he dropped the hare.

Prisoner. I was quite tipsy. Witness. He was not in the least.

JOSEPH HOLLOWAY (police-constable R 197.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at his trial—he is the man.

GUILTY . Aged 24.— Confined Three Months.

1st March 1841
Reference Numbert18410301-880
VerdictGuilty > unknown

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880. WILLIAM PRETTY was indicted for stealing, on the 13th of February, 11 pairs of stockings, value 95.; the goods of Thomas Golden.

MARGARET GOLDEN . I am the wife of Thomas Golden, who keeps a hosier's shop at the corner of Turnstile, in Holborn. On the 13th of February, the prisoner came to the shop, and asked for a penny reel of cotton, which I served him with—he came back in about five minutes to change it, and when I turned about to give him the cotton, he took eleven pairs of stockings—I noticed the bundle in his apron as he went out—I then missed these worsted stockings from the spot where he had stood—I had seen them safe about five minutes before, and no one had entered the shop but him—I do not know whether he took eleven or twelve pairs.

JOHN HUNT (police-constable F 24.) I took the prisoner on the 16th of February—I asked him who sent him in after the cotton—he said, a woman in the street—he did not know her, nor where she came from.

GUILTY . Aged 10.— Confined Three Months.

1st March 1841
Reference Numbert18410301-881
VerdictNot Guilty > unknown

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881. WILLIAM PRETTY was again indicted for stealing, on the 16th of February, 9 yards of printed calico, value 3s.; the goods of Thomas Golden.

MARGARET GOLDEN . I am the wife of Thomas Golden—the prisoner came to the shop again, on the 16th of February, for a penny reel of cotton—I left the parlour, and went into the street, and watched him—I saw him put his hand over, and take hold of this print—I ran in, and said to my husband, "This is the lad that took the stockings"—he did not take the print out of the window—I did not give him time—I took hold of him, and he let it fall in the window.


1st March 1841
Reference Numbert18410301-882
VerdictGuilty > unknown

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882. HENRY JONES was indicted for stealing, on the 1st of March, I flannel jacket, value 3s. 6d.; the goods of Abraham Harris.

SIMON SIMMONS . I am a clothes salesman, and live in Chapel-street, Edgeware-road. On the 1st of March, I saw tin prisoner near Mr. Harris's

door, about five o'clock, in company with another person—they looked about, and then the other crossed over to the other corner—the prisoner then joined him, and they went to the shop, the other made a pull at the jacket which was fastened up—he got it down, and the prisoner put it in his apron—I went and stopped the prisoner with the jacket.

WILLIAM TOLHURST (police-constable D 53.) I received the prisoner, and have the jacket.

ABRAHAM HARRIS . This is my property—it was pinned to a pair of trowsers.

GUILTY .* Aged 22.— Confined Six Months.

1st March 1841
Reference Numbert18410301-883
VerdictGuilty > unknown

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883. PRISCILLA HARRIS was indicted for stealing, on the 8th of February, 1 shawl, value 10s.; the goods of Mary Ann Shephard.

MARY ANN SHEPHARD . I live in Camden-street, Chelsea, and am single—the prisoner occupied the same room as me—I missed a shawl, worth 10s.—this is it—I did not allow the prisoner to use my clothes.

TRISTRAM ALLEN . I live with a pawnbroker in the Fulham—this shawl was pawned on the 8th of February, by a man, in the name of John Harris.

JOSEPH BAKER (police-constable B 179.) I took the prisoner, and found on her the duplicate of this shawl—she told me she gave it to a man to pledge.

Prisoner's Defence. The prosecutrix came to lodge with me—she said she had no money, but if I let her be there till she got a place, she would pay me—I kept her five weeks—she got a place, and stopped a fortnight—she then brought home 9s., and told me to lay it out for dinner on Sunday, and that was all I had for the time I kept her, which amounted to 30s.—she lent me this shawl several times, and I took it that morning, and went out—I did not come home exactly directly, and when I came home she called in the police.

MARY ANN SHEPHARD re-examined. I had money, I paid her 1s. a week for lodging, and I kept myself.

GUILTY . Aged 54.— Confined One Month.

1st March 1841
Reference Numbert18410301-884
VerdictGuilty > unknown

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884. THOMAS ROUSE was indicted for stealing, on the 18th of February, 1 copper, value 12s., and fixed to a certain building; and 2 tame fowls, value 4s.; the goods of Jane Sellers.

ELIZABETH ANN SELLERS . I live with my mother, Jane Sellers, a widow, who keeps the Torrington Arms public-house, Mill-wall, Poplar. On the night of the 18th of February, I went into the pothouse, which is an out-building adjoining the house, and I noticed the copper was gone—I had seen it safe about four o'clock that day—it had been fixed—the door of the pot-house had been off its hinges for some time—we had three fowls—I had noticed the fowls going to roost—the Horseferry-road runs at the back of our premises—our gate is not fastened till about ten o'clock at night—I have seen the copper and two live fowls in the officer's possession—they are my mother's.

THOMAS HIGTON (police-constable K 272.) I met the prisoner in the West India-road, on the 18th of February, about a quarter before eight o'clock in the evening, with this washing-copper, and these two fowls—he said his aunt had given them to him, and she lived at the terminus of the Greenwich Railway—I took him to the station.

JAMES DONOVAN (police-sergeanth 14.) I took the copper back to the Torrington Arms—it fitted the brickwork, and there were two bricks broken out in removing it.

Prisoner's Defence. I met a young man, who asked me to carry it for him, and said he would give me 1s.

GUILTY . Aged 21.— Confined One Year.

1st March 1841
Reference Numbert18410301-885
VerdictNot Guilty > unknown

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885. MARY BETTS was indicted for stealing, on the 1st of March, 1 1/4 lb. weight of bacon, value 1d. the goods of Francis Bateman.

FRANCIS BATEMAN . I am a cheesemonger, and live in Tichfield-street, On the 1st of March I was serving the prisoner, and I noticed her move her hand, and put something under her arm, under her cloak—I found this bacon under her arm—she offered to pay me any thing to let her go.

Prisoner. I had met a friend, and had a drop of gin—I had no know ledge of what I was about. Witness, She did not appear to me to be the worse for drink—it was done so neatly that it appeared to be feloniously done.

ROBERT ADAMS (police-constable E 109.) I took the prisoner—she said she did not know what possessed her, the devil must have been by the side of her—she had some money, and some tea and candles in her basket.


1st March 1841
Reference Numbert18410301-886
VerdictGuilty > unknown; Not Guilty > unknown; Not Guilty > unknown

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886. EDWARD HUMBERSTON, ANTHONY PEARCE , and MARY ANN WATTS , were indicted for stealing, on the 22nd of February, 2 bushels of a certain mixture, consisting of oats, beans, and chaff, value 6s., the goods of Joseph Henry Bardell, the master of the said Edward Humberston.

MR. PRENDERGAST conducted the Prosecution.

JOSEPH HENRY BARDELL . I am the owner of a number of omnibuses from Highgate, along Kentish-town, to the City. I have some stables at the Angel at Highgate—Humberston was ostler there—I have also a stable in Cress-street, and one at Kentish-town, at Mr. Morgan's, who keeps the Anglers—in consequence of the appearance of my horses, I set a policeman to watch my premises—I have white oats and black oats, beans, and clover-chaff for them at Highgate—it is sent from Gress-street to Highgate and Kentish-town—it was the business of Humberston to send a horse to meet the omnibus to take it up the hill, night and morning—when he sends the horses to Kentish-town he has no right to take them into any body's stable there—I have my own stable there, but he does not come down within half a mile of that—there is no occasion to go to any stable at all there.

Cross-examined by MR. PAYNE. Q. Suppose the omnibus should be detained, and there was a heavy shower of rain, would there be any harm in his going into a stable? A. There is no occasion for him to go down till the time the omnibus comes—it never varies five minutes.

Cross-examined by MR. DOANE. Q. You do not know Watts's stable? A. No—the horse is hooked on some distance from the turnpike—I knew nothing of Watts till this occurrence—Humberston had been employed by me nearly five months—it was very bad weather about that time—my vehicles are pretty regular—Humberston has no right to start from my stable at the Angel at Highgate till his proper time.

MR. PRENDERGAST. Q. I believe the time is regulated? A. Yes—I

can always tell to five minutes—there is no pretence for the horse being taken to any stable but my own.

THOMAS SIMPSON (police-sergeant S 16.) I received information, and watched the prosecutor's premises at the Angel at Highgate—about half-past six o'clock, on the 22nd of February, a pony and cart, driven by Pearce, came to the inn—it drove into the yard, and in about ten minutes I saw Watts and another female—Pearce, Watts, and the other female went into the prosecutor's stable—shortly after, I saw Humberston come up Highgate-hill—I did not know Pearce—i have seen Watts—I know nothing against her—she lives with her father, in a cottage at Kentish-town, at the back of Holmes'tcrrace, about half a mile from the foot of the hill, and about 200 yards from Mr. Bardell's stable—Humberston went into the same stable—after some time, I saw Watts come out—she looked about the entrance of the yard, in company with the other female—they then returned to the stable—I saw some beer taken to the stable—they were all in the stable, and remained there about twenty minutes—I went and changed my dress, and on my return I saw them all in the stable drinking—after that, Pearce came out of the yard in the cart, accompanied by Watts and the other female—I did not see any thing put into the cart—if there was, it must have been while I was away—they went down Swain's-lane with the cart, and I made the best of my way down Highgate-hill to the other end of Swain's-lane—they shortly after came out of Swain's-lane—I stopped the cart, and asked Pearce what he had got in the cart—he said, "Nothing"—I went to the back of the cart, and took up a horse-cloth that covered some sacks, and said, "What are these?"—he said, "Some empty sacks"—I put my hand on a sack which contained some corn, and said, "You don't call this an empty sack?"—he said, he knew nothing about it—I then asked Watts what it was—she said, she knew nothing about it—then she said, she bought it—I said, I thought it was corn—she said, "I bought it," and seemed very confused—immediately after, she denied all knowledge of it again—the other female said, she knew nothing about it—the other female was taken to the police-court, and discharged—I said, they must consider themselves my prisoners—I found in the sack a bushel and a half of mixed grain, black oats, white oats, clover, chaff, and beans, and a nose-bag containing about half a bushel of the same mixture as the sack—I showed them to Mr. Bardell—since then I have been to Mr. Bardell's stable at Highgate, at which I saw the prisoners, and have brought a sample from the bin there, and from the stable in Gress-street—another officer took Humberston.

Cross-examined by MR. PAYNE. Q. Is not Pearce a cripple? A. I never took any particular notice of him—I do not know that he is lame—I had been watching these premises five days in a police dress—the other woman was kept in custody till the Thursday—I was in my police dress when I stopped them.

COURT. Q. The Angel is at Highgate? A. Yes—the ponycart came first—the women went away in the pony-cart, in the direction that would take Watts home to Kentish-town—the cart came as from Kentish-town—the other women did not come in the cart—I cannot tell whether the women saw the pony-cart arrive—they were looking about—I had every reason to believe they were watching me—Watts knew me.

GEORGE COOK (police-constable S 119.) On Monday, the 22nd of February, I went to the end of Swain's-lane—I was present when Sergeant Simpson stopped the cart—there were Humberston, Pearce, and Watts in it,

two men and one woman—I assisted to take two men and a woman into custody—I took Humberston that night at the Angel-yard, Highgate, about one hour after I saw the persons in the cart—he was not in the cart—there was Pearce and two females in it—I told Humberston I wanted him—he asked, "What for?"—I said, he would see when he got to the station—on the road he asked me again—I told him, "On suspicion of stealing a quantity of corn from Mr. Bardell's stables"—he said, he did not give them above half a bushel, and asked where I stopped the others—I said, "In Kentish-town road."

Cross-examined by MR. DOANE. Q. You afterwards had Humberston at the station? A. Yes—I am not aware that any corn was shown to him there—the corn found in Watts's cart was not shown to him, and he was not asked if he knew it—I will swear that—I will swear he did not say he knew it, and that was what he gave them.

DANIEL HOLLAND . I am coachman to the prosecutor. He remarked to me on the state of my horses; and on the 22nd of February I said to Humberston, "I want to speak to you"—he said, "Is it any harm?"—I said, "It is no good; master don't feel satisfied about the horses having the corn"—he said, "You had better tell him about somebody else coming up in my place"—I said, "Tell him yourself"—he came down with the hill-horse after that, and when we got up he was taken away—it is not his business to put that horse into any stable there—I know Watts's stable—the horse meets us sometimes in one part of Kentish-town, and sometimes at Camden-town—it comes on till it meets us—there is no occasion to be in a stable at all—I have brought a bundle down from Humberston for Watts to wash—she lives with her father at York-cottage, about 200 yards from her father's stable—Humberston has rode down with me on a Sunday, and I have left him there—her mother is a laundress.

Cross-examined by MR. PAYNE. Q. The cart is used to fetch linen in? A. I expect so—the horse comes on if I am late—they would not come all the way to the City—I should have been discharged if this had not been found out.

Cross-examined by MR. DOANE. Q. Had you not a Finchley omnibus running in opposition to Bardell's, that goes to Charing-cross? A. We do not go together farther than the Wellington public-house at Highgate—the other omnibus follows me of a morning to Tottenham-court-road—I do not know that it tries to get before mine—it may stop back—sometimes it is later, sometimes sooner—they may occasionally try to get before my master's—I drive at the regular pace when I have got the Finchley one alongside of me—my horses have been changed, we have had extra horses and extra food—I spoke to Humberston, and he said that the horses would not drink—I said I would shift these horses to a short journey—he said he would get a bit of rock-salt and put into their water.

JOSEPH HENRY BARDELL re-examined. This corn found in the cart is the same as that in the bulk, and that which comes from Gress-street—I have no doubt it is mine.

(Witnesses for the Defence.)

SARAH POTTER . I know Watts's father—her mother is a laundress—I have washed six months for her—I know Humberston—Mr. Watts has a stable—I have seen Humbertson there three or four times a-week—when he has come there, he has brought two horses at a time—I have seen them against the stable-door between three and four o'clock in the after

to noon—I did not see Mr. Bardell's omnibus arrive—I do not know where it the horse is hooked on to the omnibus—I do not know how long Humberston staid—I was only passing on an errand, and saw the horse there, and Humberston was with him—I saw them both go away together.

MR. PRENDERGAST. Q. Have you ever been into Watts's stable? A. Yes—it would hold four or five horses—he had only one horse—I know that he has mangers and stalls for four or five.




1st March 1841
Reference Numbert18410301-887
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

Related Material

887. The said EDWARD HUMBERSTON and HUMPHREYS WATTS were indicted for stealing, on the 12th of February, 1 bushel or a certain mixture, consisting of oats, beans, and chaff, value 3s.; the goods of Joseph Henry Bardell, the master of the said Edward Humberston.

MR. PRENDERGAST conducted the Prosecution.

HENRY EDWARD CLARKE . I am a fishmonger, and live with my father at Highgate—he has a stable in the Angel Inn-yard, next door to Mr. Harden. Yesterday three weeks, about seven o'clock in the evening, I was in my father's stable—I looked through into Mr. Bardell's stable, as I heard persons speaking, and saw Humberston put some corn into a sack—I saw Humberston and Watts there; Watts then came into the Angel-yard, and put the sack into the cart—his horse was in the cart—it was fed with some corn out of a pail—I do not know what corn was put into the pail—I saw the sack put into the cart, which was driven away—I know a person named Fisher—I did not see him then, but I have occasionally seen Fisher and Humberston together—he used t help him in the stable.

Cross-examined by MR. PAYNE. Q. What sort of a hole is this? A. A round one—I did not measure it—there was no light in my stable, but there was in the other—Watts stood near the corn-bin, and held up the sack—I mentioned this, and the policeman applied to me to give evidence—I did not think there was any thing wrong in it—I was not aware what was going to be done with the corn—I am in my father's employ.

MR. PRENDERGAST. Q. You cannot tell how the policeman heard it? A. No—I had seen the cart there several times before.

HENRY FISHER . I was out of work in February, and Humberston engaged me now and then to come to the stable—yesterday three weeks Watts came there with a horse and cart—the horse was fed with a pail full of oats, beans, and corn out of Mr. Bardell's bin in the stable—I took the pail to the horse, by Humberston's order—I did not see the cart go away—before it went, a sack of corn which came out of the bin in the stable, was put into it by Watts—he held the sack up, and Humberston filled it—I did not know Watts well before—I have seen him up there at times—the cart had been there occasionally, once or twice a week—I should think there was a bushel and a half, or a little better, in the sack.

Cross-examined by MR. PAYNE. Q. It was the cart that came there once or twice a week? A. Yes; Watts used to come with it—I went to the office with the policeman who came for me—I have never been in prison—the policeman never took me up—I do not know where Watts was taken—I was at the office when Watts came to see his daughter.

MR. PRENDERGAST. Q. You were not taken up by the policeman? A. There was a summons, and I went as a witness.

(Watts received a good character.)

HUMBERSTON— GUILTY . Aged 25.— Confined One Year.

WATTS— GUILTY . Aged 45.— Confined Three Months.

1st March 1841
Reference Numbert18410301-888
VerdictNot Guilty > unknown

Related Material

888. EDWARD NAGLE TASKER was indicted for stealing, on the 20th of December, 1 portmanteau, value 5s.; 2 rings, value 15s.; and I miniature and frame, value 5s.; the goods of Thomas Brook.

MR. PHILLIPS conducted the Prosecution.

THOMAS BROOK . I receive invalid gentlemen under my care, and live in Allen-cottages, Hounslow. I know the prisoner—on the 4th of February, in consequence of what I was told, I went to Mr. Hart's, at Tottenham, and found the prisoner living there—I got a warrant to apprehend him—I went there in company with the officer—we went up into his room—I found this miniature, which, when I saw it last, in the early part of December, it was in a black frame at my house, also these two rings, which were given by me to Mrs. Brook, and a portmanteau, which was my wife's previous to her marriage—Mrs. Brook used this diamond ring the last time I saw it—I did not ask the prisoner any question with respect to the property I found—I did not say any thing to him on the subject of my rings, aa he rushed into the room, and seized this miniature, and was going to put it in his clothes, but the officer took it from him, and took him away.

WILLIAM WESTBROOK . I am shopman to Mr. Stewart, a linen-draper, at Hounslow. The prisoner was shopman there with me—I have seen this ring in his possession there—he told me he Had it made.

WILLIAM OSBORN (police-constable T 61.) I took the prisoner.

GEORGE HART . I am a draper, and live at Tottenham. The prisoner lived with me when he was taken—it was his room the officer searched—no female lived there with him.

MR. BROOK re-examined. My wife left my house on the 29th of January—it was three or four days before I found these things—I missed this miniature from my mantel-piece on the 4th of January—I did not miss the rings and the portmanteau till my wife had left—my house was plundered of the whole of the linen.


1st March 1841
Reference Numbert18410301-889
VerdictGuilty > unknown

Related Material

889. EDWARD NAGLE TASKER was again indicted for stealing, on the 2nd of February, 1 handkerchief, value 3s. 6d.; and 6 yards of lace, value 7s.; the goods of George Hart, his master.

GEORGE HART . The prisoner was in my service at Tottenham—he came on the Thursday before Christmas-day—on the 4th of February the policeman came to my shop in company with Mr. Brook, and the prisoner was taken on Mr. Brook's charge—they afterwards returned, and searched a box which the prisoner used, and in it was found this silk handkerchief and lace, which are mine—I have the pieces here from which they were cut—I have compared them, and find where they were joined on—they must have been taken after the Saturday, previous to the day on which he was taken—I had taken stock that day—the lace was then measured, and my stock was deficient by the quantity found in the prisoner's box—a pair of gentlemen's half-hose were found, which I believe to be mine—there were two handkerchiefs found, one I can swear to—I had not missed it—the prisoner had 25l. a year and his board.

Cross-examined by MR. PAYNE. Q. Is there not a practice in your trade for the young men to take such articles as they want, and enter them in a book? A. Yes—I believe the prisoner was in town on the Wednesday

—I think his wages might amount to about 2l.—he would have been paid at the quarter—he came on the 18th of December.

WILLIAM OSBORN (police-constable T 61.) On the 4th of February I went to Mr. Hart's with Mr. Brook—the prisoner took up something, and I took him to the station—I locked the room door before I went—I then returned, and found this lace and handkerchief in a deal box—on the way to the station the prisoner said, there was some lace and a silk handkerchief, and a pair of socks which he had got, belonging to Mr. Hart, which he had taken from the shop and had forgotten to enter—in bringing him to town, he said, he was more afraid of Mr. Hart's things than of Mr. Brook's.

Cross-examined. Q. Were not the words, that he was not afraid of Mr. Brook's things, all he cared about was Mr. Hart's? A. Yes.

GUILTY . Aged 20.— Confined Three Months.

1st March 1841
Reference Numbert18410301-890
VerdictGuilty > unknown

Related Material

890. JAMES COLLINS was indicted for stealing, on the 19th of February, 1 tame duck, value 2s., the property of John Ward.

SARAH BROUGHTON . I am fourteen years old—I am in the service of Mr. Walters, at Turnham-green. On the 12th of February I was looking towards the Common—I saw the prisoner, whom I had known a long time—he ran after a black duck, and killed it; went to a dung-heap, and hid it there—it was Mr. Ward's duck—I called my master—he went after him.

JOHN WALTERS . My servant called my attention to this—I saw the prisoner at the dung-heap, covering something up—he then went towards Mr. Ward's house—I followed, and told Mr. Ward of it, and he charged him with stealing his duck—the prisoner denied it—he ran back, and took up a stone, and threatened to throw it at me if I stopped him—he ran off—I went to the dung, and found the duck buried about a foot deep.

Prisoner. I never took it to the dung-heap. Witness. I believe he is the boy who was at the dung-heap, but I could not swear positively to him—the boy I saw there was the same who went to Mr. Ward's, for I ran after him, and never lost sight of him.

JOHN WARD . I am a baker, and live at Turnham-green. This black duck was mine, and was of a very particular sort—no money would have purchased it—I remember the prisoner coming to my premises—I have known him a length of time.

Prisoner. I never came near your house. Witness. You came near enough for me to see you.

RICHARD MOORE (police-sergeant T 4.) I went in pursuit of the prisoner, and found him in Acton-fields—when he saw me he ran out of a hedge, where I saw him crouching down.

GUILTY .** Aged 14.— Confined Three Months.

Sixth Jury, before Mr. Sergeant Arabin.

1st March 1841
Reference Numbert18410301-891
VerdictGuilty > with recommendation

Related Material

891. RICHARD WILSON was indicted for stealing, on the 12th of February, 1 ring, value 15s., the goods of Robert Rouse.

SARAH ROUSE . I am the wife of Robert Rouse, a fishmonger, in Wig-more-street. The prisoner had been out of work—I took him, and supported him this cold weather, from a feeling of charity—on the morning of the 12th of February I asked him to have some breakfast—I took my rings and purse, and some keys out of my pocket, and laid them down while I went to get him some breakfast—I came bock, took them up, and put

them into my pocket, and in the afternoon I missed one of my rings—this ring now produced is it.

JOHN WELBY . I am a refiner. I purchased this ring of Mr. Spain, on the 15th of February.

THOMAS SPAIN . I went to the Sovereign public-house, in Munster-street, to have some beer—I saw the prisoner there, showing this ring about—a friend who went with me took it out, and came back and said it was worth 4s. or 5s.—I then took it to Mr. Welby's, and sold it for 3s. 6d.—I gave the money to the prisoner—he gave me 1s.—he said he had found it in Regent-street.

WILLIAM GLADMAN . I am an officer. I took the prisoner—he said he found the ring between Mrs. Rouse's door and a shop two or three doors from there.

Prisoner. I found it.

MRS. ROUSE re-examined. I never left the house from the morning till the afternoon.

GUILTY. Aged 61.—Recommended to mercy. — Confined Three Months.

1st March 1841
Reference Numbert18410301-892
VerdictGuilty > unknown

Related Material

892. MARGARET DALEY was indicted for stealing, on the 22nd of February, 5 1/2 lbs. weight of beef, value 3s., the goods of George Jeffery.

GEORGE JEFFERY . I am a butcher, and live at Knightsbridge. On the 22nd of February the prisoner came, with another female, to inquire the price of a breast of mutton—I told her, and she turned to the right, and took a piece of beef, which she concealed under her cloak—she got out—I pursued and took her—she dropped it on the pavement.

Prisoners Defence. I did not take it, it fell down.

(The prisoner received a good character.)

GUILTY . Aged 26.— Confined One Month.

1st March 1841
Reference Numbert18410301-893
VerdictGuilty > unknown

Related Material

893. MARY ANN BROWN was indicted for stealing, on the 4th of February, 5 coats, value 3l., the goods of Richard Charles.

RICHARD CHARLES . I live at Knightsbridge, and am a clothier. When I came home, about six o'clock, on the 4th of February, I missed five coats, which were safe when I went away—these are two of them.

Cross-examined by MR. DOANE. Q. Were not these coats rather heavy? A. Yes—they were four pilot coats and one great-coat—they had been cut from a string—there was a man in charge at the office with one of my five coats, which was produced by Mr. Page, a pawnbroker—Mr. Page was not bound over to appear here—the prisoner was taken in charge while the man was in custody, as she came into the neighbourhood of the office, and was recognised by Mr. Chambers, as the woman who pawned the coat—the man got off.

DAVID CHAMBERS . I am a pawnbroker. I produce one of these coats, pawned by the prisoner, on the 4th of February—I took particular notice of her.

(The prisoner received a good character.)

GUILTY . Aged 30.— Confined Three Months.

1st March 1841
Reference Numbert18410301-894
VerdictGuilty > unknown

Related Material

894. JOSEPH HOLDING was indicted for stealing, on the 12th of February, 1 coat, value 10s., the goods of Daniel Robert Law.

ROBERT PURSER . I am a pawnbroker, and live at Limehouse-causeway. On. the 12th of February the prisoner offered this great-coat in pledge—I asked him whose it was—he said it was his brother's, who was about his own size—I saw it was too large for a person near his size, and said I

should keep it till he fetched his mother—he brought a person who I knew did not know any thing about him—I stopped the prisoner, and the coat too.

JOHN SIMPSON (police-sergeant K 25.) I retook the prisoner—he said he had suffered for it once before, and he ought to be let go—he had been remanded before.

DANIEL ROBERT LAW . I live in Church-lane, Limehouse. This coat is mine—I lost it in the forenoon, on the 12th of February, from a lathshed in a timber-yard—it was hanging up on the left-hand side—the yard is enclosed, and no persons but those who work there have a right to be there.

Prisoner's Defence. I had it given me by a lad to pawn.

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

1st March 1841
Reference Numbert18410301-895
VerdictGuilty > unknown

Related Material

895. THOMAS BROWN was indicted for stealing, on the 22nd of February, 9lbs. weight of pork, value 3s., the goods of John Edwards.

JAMES ADAMS . On the 22nd of February I saw the prisoner and another man near the shop of Mr. Edwards, in Camden-town—the prisoner took two pigs' heads off the shop-board, put them into an apron, and walked away—I followed him—he went round the corner, and put them into a bag—he then went on the other side of the way—the other man went and took up a piece of pork off the board—Mr. Edwards then drove up in his cart, which disturbed the man, and he escaped—I followed the prisoner till I saw a policeman, who took him.

ISAAC NOBLE (police-constable S 149.) I took the prisoner, and found on him these two pigs' heads.

JOHN EDWARDS . I keep the shop. I missed these heads—I have no doubt they are mine.

GUILTY . Aged 21.— Confined Three Months.

1st March 1841
Reference Numbert18410301-896
VerdictGuilty > unknown; Guilty > unknown

Related Material

896. THOMAS GOODRUFF and HENRY ALLEN were indicted for stealing, on the 1st of March, 2 pairs of half-boots, value 17s.; and 1 pair of shoes, value 10s.; the goods of John Gould.

HENRY BARNWELL . On the 1st of March I saw the prisoner and another person at Mr. Gould's shop, in Leader-street, Chelsea—I watched, and saw both the prisoners go into the shop—they brought out two pairs of boots and a pair of shoes—I followed and took them.

JOHN GOULD, JUN . I am the son of John Gould. These are his boots and shoes—they were safe on the 1st of March.

Allen's Defence. I did not go into the shop.


ALLEN— GUILTY . Aged 14.

Confined three Months.

1st March 1841
Reference Numbert18410301-897
VerdictGuilty > unknown

Related Material

897. HENRIETTA KINNING was indicted for stealing, on the 22nd of February, 1 pair of boots, value 6s., the goods of Mary Ann Oldfield.

HENRY HALL . I am a pawnbroker. I took in this pair of boots of the prisoner on the 22nd of February, in the name of Ann Oldfield.

MARY ANN OLDFIELD . I am a widow, and live in Castle-lane, Westminster. The prisoner came to lodge with me on Wednesday, the 17th of February—she had only been with me five days—I missed my boots out of my room on the 22nd of February—these are them.

Prisoners Defence. I meant to have got them out next day.

GUILTY . Aged 33.— Confined Six Weeks.

1st March 1841
Reference Numbert18410301-898
VerdictNot Guilty > unknown

Related Material

898. WILLIAM THOMAS was indicted for stealing, on the 14th of January, 1 shawl, value 1l. 8s., the goods of Gabriel Blair, in a vessel in a certain port of entry and discharge.

GABRIEL BLAIR . I am mate of a vessel which was in Wapping-basin, On the 14th of January I missed this shawl from the cabin—I took an officer to the prisoner's lodging on the 4th of February—he had been about the vessel till the 4th of February, and was paid off that day.

WILLIAM LEE . I am an officer. I went with the prosecutor to the prisoner's lodging—this shawl was given to me by Emma Elmore—the prisoner was not present at the time—I did not find it in his room.


1st March 1841
Reference Numbert18410301-899
VerdictGuilty > unknown

Related Material

899. MARGARET LOVEGROVE was indicted for stealing, on the 27th of February, 2lbs. weight of black-pudding, value 10d., the goods of Edward Hurcomb.

JOHN THOMAS DIXEY . I live with Edward Hurcomb, a cheesemonger, in William-street, Lisson-grove. On the 22nd of February the prisoner passed by the shop, lifted up the cloth, took a black-pudding, and put it under her left arm—I followed and took it from her.

JAMES ERNTEMAN . I was going down the street—I saw the prisoner lift up the cloth, take the pudding, and walk four or five yards—Dixey came and took her.

(The prisoner received a good character.)

GUILTY . Aged 59.— Confined Seven Days.

1st March 1841
Reference Numbert18410301-900
VerdictGuilty > unknown; Guilty > unknown

Related Material

900. GEORGE HAMBLEY and JOHN LEE were indicted for stealing, on the 20th of February, 4 spoons, value 2s., the goods of Charles Danieli.

JOSEPH MOUNT (police-constable C 115.) On the 20th of February, about a quarter before seven o'clock in the evening, I saw the two prisoners together—they went to the shop of Mr. Danieli, in Oxford-street, and lifted up a glass case outside the shop; Lee took out three spoons and Hambley took one—they ran away, I and my brother officer pursued and took them—they threw down the spoons, which we took up.

WILLIAM RUSSELL (police-constable C 113.) 1 was with Mount, and saw what he has stated.

HENRY HAMBLETON . I am shopman to Mr. Charles Danieli. These spoons are his—they were in a glass outside the shop—I missed them when the officers came.

Hambley. There were two others who took the spoons, and they took us for them.


LEE— GUILTY . Aged 12.

Transported for Seven Years—

Convict Ship.

1st March 1841
Reference Numbert18410301-901
VerdictGuilty > unknown

Related Material

901. ANN TANSLEY was indicted for stealing, on the 8th of January, 11 towels, value 1l. 2s.; 1 handkerchief, value 5s.; 1 shift, value 3s.; 1 petticoat, value 2s.; and 2 aprons, value 2s.; the goods of William Eagle, her master.

CAROLINE EAGLE . I nm the wife of William Eagle. We live in Milton-street, Dorset-square. I am a laundress, and the prisoner washed for me—she did not live in our house—on the 1st of March, I saw something fall out of her pocket—I took it up, and found it was eighteen duplicates—I said I had missed a great many things, and it was likely some of them

was mine—she said they were her own—I said I would go and look—she said I might do as I pleased.

MICHAEL BRIGHT (police-constable D 206.) I took the prisoner—she was searched, and the duplicates found on her.

RICHARD PAINE . I am a pawnbroker—I produce a petticoat, three towels, a shift, two towels, and two aprons, pawned, I believe, by the prisoner in different names—I have some doubt about her being the person—these are the duplicates I gave.

ALBERT KING . I am a pawnbroker. I have three towels, pawned by the prisoner, to the best of my knowledge.

SAMUEL HENRY BEZANT . I am a pawnbroker. I produce a cambric handkerchief—I do not know who pawned it, but this it the duplicate given for it.

Prisoner. I picked the duplicate up.

(Property produced and sworn to.)

GUILTY .— Confined Six Months.

1st March 1841
Reference Numbert18410301-902
VerdictGuilty > unknown

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902. THOMAS WOOLCOTT was indicted for stealing, on the 10th of February, 9 yards of printed cotton, value 5s. 6d.; the goods of Frederick Jones, his master.

FREDERICK JONES . I keep a linen-draper's shop in Peerless-place, City; the prisoner was my foreman. On the 10th of February, I procured two officers to watch him at he went out at night—he usually left at nine o'clock—the officers brought him back with this property—he said it was not his, and that he took it without my sanction.

Cross-examined by MR. PHILLIPS. Q. I believe you have known him a good many years? A. About four or five years—I had been a fellow-shopman with him—he has a wife and four children—we alto found a print dress at his house.

JAMES BRANNAN (police-sergeant D 20.) I watched the prisoner about nine o'clock that evening; asked if his name was Woolcott, and whether he was in the employ of Mr. Jones—he said, "Yes"—I said I had information that he had robbed his master—he said he never robbed him in his life—I took him back, and found this print between his trowsers and shirt.

HENRY REDMAN . I am a policeman—Brannan has stated what is correct.

(Benjamin Abley, a publican, in Brick-lane, gave the prisoner a good character.)

GUILTY . Aged 32.— Transported for Seven Years.

1st March 1841
Reference Numbert18410301-903
VerdictGuilty > unknown

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903. HENRY WESTBURY was indicted for embezzlement.

THOMAS GOODE . I am a printer, and live in Crown-street, Finsbury—the prisoner lived with me only four days—on the 22nd of February, I sent him to Mr. Haughton in Wai worth-road, to receive 1l. 5s., for me—he never returned.

CHARLES RALPH HAUGHTON . I paid the prisoner 1l. 5s. on the 22nd of February, on account of his master.

GUILTY . Aged 16.— Confined Three Months.

1st March 1841
Reference Numbert18410301-904
VerdictGuilty > unknown

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904. CHARLES HUMP was indicted for stealing, on the 27th of February, 1 plane, value 2s. 6d., the goods of Thomas Mansell.

JOSEPH HOILE (police-constable F 95.) I saw the prisoner and another running in Castle-street, Long Acre, on the 27th of February—I pursued

and took the prisoner—I found this plane by his side—he said a boy gave it him to sell—I found the owner about two hundred yards off.

THOMAS MANSELL . I am a salesman, and live in Middle-row, St. Giles's—this plane was taken from my shop.

(The prisoner received a good character.)

GUILTY . Aged 12.— Confined Six Weeks.

1st March 1841
Reference Numbert18410301-905
VerdictNot Guilty > unknown

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905. MARY LEONARD was indicted for stealing, on the 23rd of February, 1 watch, value 2l.; the goods of James Garretty, from his person.

JAMES GARRETTY . I am a shoemaker. On the night of the 22nd of February, I had been to supper with a friend, and drank rather freely—in coming home, I got into Bow-street, Covent-garden—I met the prisoner—we fell into conversation, and she wanted me to buy some ballads of her—I cannot say whether I took any liberty with her—I might have done so—she then snatched my watch from me—I took hold of her hand, and pushed her down—I fell on: the top of her, and called the policeman—she kept it in her hand till the policeman came, and then she threw it down.

WILLIAM BOFFIN . I am a policeman. About five in the morning, I was called, and saw the prosecutor and the prisoner on the step of a door together—the prosecutor got up—I took the prisoner—she threw the watch out of her hand—the prosecutor took it up, and gave it to me—he was not sober, but was aware what he was about.

Prisoner's Defence. The prosecutor laid hold of me, and took some books and songs from me—he would not give them to me—I laid hold of him, the guard of his watch broke, and it fell out, but I never touched it.


1st March 1841
Reference Numbert18410301-906
VerdictGuilty > with recommendation

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906. MARY CROFT was indicted for stealing, on the 27th of February, 1 jar, value 1s.; and 1 pewter pot, value 1s.; the goods of Edward Harvey.

GEORGE GREGORY . I live with Mr. Edward Harvey, a publican, in the Hay market. On the 27th of February, between nine and ten o'clock in the evening, I saw the prisoner running away—I pursued, and found in her possession the jar and pewter pot—they are my master's—I saw her drop the jar.

WALTER THORNBURN (police-constable C 25.) I pursued the prisoner, and saw her drop the pot.

Prisoner. I throw myself on the mercy of the Court—I had a starving family—we had not a bit of bread to eat.

(The prisoner received an excellent character.)

GUILTY. Aged 34.—Recommended to mercy. — Confined Seven Days.

OLD COURT.—Saturday, March 6th, 1841.

Second Jury, before Mr. Sergeant Arabin.

1st March 1841
Reference Numbert18410301-907
VerdictGuilty > pleaded guilty

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907. JAMES BARTLETT was indicted for stealing, on the 23rd of February, 104 ass shoes, value 4s.; and 4 mule shoes, value 2d.; the goods of Richard Miller; to which he pleaded

GUILTY . Aged 20.— Confined Three Months.

1st March 1841
Reference Numbert18410301-908
VerdictGuilty > pleaded guilty

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908. ISAAC FACER was indicted for embezzlement; to which he pleaded

GUILTY .— Confined Three Months.

1st March 1841
Reference Numbert18410301-909
VerdictGuilty > pleaded guilty

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909. JOHN ROWLAND was indicted for embezzlement; to which he pleaded

GUILTY .— Confined Six Months.

1st March 1841
Reference Numbert18410301-910
VerdictGuilty > unknown

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910. JOHN STROUD was indicted for stealing, on the 22nd of February, 1 metal cock, value 1s.; the goods of Thomas Pickford; and 1 coat, value 2s.; the goods of Henry Price.

HENRY PRICE . I am servant to Thomas Pickford, a plumber and glazier. On the 22nd of February I lost my coat out of the shop—on the Wednesday following I saw this metal cock in the hands of the policeman—it is my master's—it was taken out of the shop on the same day, and most likely at the same time—the prisoner is quite a stranger.

WILLIAM AUSTIN . I am a policeman. I received information, and went to Pickford's in the City-road—I found they had lost the coat and cock—I received information, and went to Limehouse—I found the cock at Morris's—I have not found the coat.

JAMES MORRIS . I am a brass-founder. I buy old metal—I bought this cock on the 22nd of February, of the prisoner.

Prisoner. At the first examination he did not know me. Witness. I am quite sure of him.

GUILTY of stealing the cock. Aged 19.— Confined Three Months.

1st March 1841
Reference Numbert18410301-911
VerdictGuilty > unknown; Guilty > unknown

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911. MARY DONOVAN and MATILDA EVERDON were indicted for stealing, on the 4th of March, 1 jacket, value 14s.; and 1 crown-piece; the property of David May.

DAVID MAY . I am a sailor, belonging to a collier, which laid at Towertier. I had been three days in town—I went home at one o'clock in the morning, and fell in with Donovan, in the highway—I went home with her, and Everdon was sitting in the room—I had a crown-piece and a few shillings in my jacket pocket—I went to bed with Everdon, and gave her 18d.—I put my jacket on the bed—Donovan was down stairs in the other room—I went to bed at four o'clock—when I awoke, they had absconded, and my money was gone, with my jacket—I went to the station, got an officer, went to different public-houses, and found the prisoners sitting in a public-house in Back, both together—I gave them into custody.

JOHN ASHBY . I am a pawnbroker. I took this jacket in pawn of Donovan, about eleven o'clock in the morning—Everdon was with her at the time.

FREDERICK PICARD . I am a policeman. I took the prisoner in charge—the duplicate of the jacket was put back into the prosecutor's pocket, and—I received it from him—Donovan said she had pawned the jacket—a waiter gave me 8s., which Everdon gave to him—he is not here.

DAVID MAY re-examined. When I was looking for the money in my pocket, as I was putting my clothes on, I found the duplicate in the pocket.

Donovan's Defence. I met the prosecutor, and another man, and two young women—he took hold of me, and said, "This is my countrywoman"—he came into my house—Everdon was sitting there—they had some drink, and went up stairs together—Everdon called me up, and said in his presence, "You take this man's jacket down till the morning," and in the morning she asked me to pawn it, which I did, and gave her the ticket.

Everdon's Defence. Donovan fetched the prosecutor in doors—he went up-stairs with me—I called this woman up to leave the jacket till the morning.



Transported for Seven Years.

Fifth Jury, before Mr. Recorder.

1st March 1841
Reference Numbert18410301-912
VerdictNot Guilty > unknown

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912. GEORGE MORCOMBE was indicted for stealing, on the 10th of February, 9 sovereigns, the monies of Francis Corniel Lammens, in the dwelling-house of William Henry Shrubsole.

FRANCIS CORNIEL LAMMENS . I am a servant out of place, and lodge at Mr. Shrubsole's public-house, No. 8, North Audley-street. I have known the prisoner between fourteen and eighteen months—he lodged in the next room to me—he was in my room several times in the course of the 10th of February, and took some refreshment there—he stated that he had not 1d. until he received some money from the country—he was obliged to borrow 1d. to get a penny-loaf—when we were going to bed he grumbled at the landlord because he would not give him credit for a pint of beer, because he owed him a little money—I said, "Well, never mind, George, here is a little will buy us a breakfast to-morrow morning"—I had nine sovereigns in a piece of paper, which I put into a wooden box which I use as a dressing-table—after I was in bed, he took my candle away, and went to bed himself—the sovereigns were screwed up in a bit of the "Times" newspaper, within an inch of the candlestick—I awoke about eight o'clock in the morning, and as I put my browsers on, I looked for the money, to put into my pocket, and missed it—the prisoner was brought home that evening between six and seven o'clock, in a state of intoxication—he was given into custody directly.

Cross-examined by MR. CLARKSON. Q. What time do you usually go to bed? A. Before or after eleven o'clock—I went to bed between twelve and one that night—the prisoner never lent me a farthing—I have not the slightest doubt that be has bought breakfast and things for me—not a good many—when we are fellow-servants, and one has got money, and the other not, we assist each other—I cannot say how often he has lunched with me, or I with him—he told me more than once that he had no money till he got what he expected from the country, which arrived after he was in custody—I did not know from him over night that he was going away in the morning—he was not going out early—he was going after in Hanoverian ambassador's place—i knew he was going after a situation—I always sleep with my door unlocked—I was perfectly sober when I went to bed, more so than I am now, and I have had nothing to drink to-day except water—I remember Mr. Bromley calling on me—he found me in bed at twelve o'clock in the day.

Q. Did not you tell him, you did not wish to prosecute the prisoner; all you wanted was, that he or somebody should engage to give you the money you had lost? A. That was Mr. Bromley's proposition—he had been to me twice before on the same subject—when I went to bed at night my door was closed, but not locked—I saw the prisoner leave the room with my candle—I was in bed—I could not see him take the money—he must have gone near it, because he took the candlestick—I did not look at his hands—there are no curtains to my bed—I was awake when he went out—the bed was within about a yard of the candlestick—I put my money within an inch or an inch and a half of the candlestick, on the box.

WILLIAM HENRY SHRUBSOLE . I keep the York Minster public-house, in North Audley-street—the prisoner and prosecutor lodged with me—the prisoner had had credit to the amount of 2s. 3d. the early part of the evening—I refused to let him have any more—he said he expected some money from the country, and would pay me very shortly—he owed me a fortnight's lodging—I told him he ought to he ashamed of himself to spunge on the prosecutor as he had; and he brought him out of his bed, at eleven o'clock, to say he was not spunging him—it was rather after eleven—the prosecutor said, he knew perfectly well what he was about—the prisoner appeared very poor while he lodged with me—on Thursday morning he left a little after eight o'clock, and about half an hour or three-quarters after, I heard of the loss—the prisoner came home at near seven o'clock in the evening, in a cab—he was not sober—a person named Andrews came with him.

Cross-examined. Q. He did not get drunk at your house that Thursday? A. No—the prosecutor was occasionally drunk, but not so often as many other people—I never knew him all day in bed drunk—I have known him go to bed the worse for liquor—I never saw him so drunk but what he could stand, but once—he has been in the house ever since I took it, and, I believe, twelve years before—he lodged there the last time between six and seven months—I have taken a little money from the prisoner in my time—I had three single lodgers, and a married man and his wife—I mean, three including the prisoner and prosecutor—the third one slept in a room in the story above, and rather in a detached part of the house—I have a billiard-room, where respectable tradesmen come—it is not for servants out of place.

HENRY ANDREWS . I am a servant out of place, and live in Palace-street, Pimlico. I have known the prisoner five years—on Thursday afternoon, the 10th of February, I went to the Gun public-house, in Chapel-street, Grosvenor-place, and saw the prisoner—he said, "Harry, old fellow, what will you have to drink?"—I had 2d. worth of rum with him, which he paid for—we went into the parlour with some porter, and he had something more to drink—he asked me to drink with him, and treated other parties—sometimes he paid for what was had, and sometimes they did —he asked one or two acquaintances of his to go to the play with him—they said, they had business; and he asked me—I said, I would go if be would pay expenses, but I had not quite money enough—he said, "Very well, we are old acquaintances, I don't mind doing it"—I went with him in a cab, which he paid for—we went to the door of the Adelphi—he gave the cab-man some drink, and I had a glass of porter, and he had something—he paid for it all—in the lobby of the theatre he was tipsy, and tumbled down—I said I would not go in with him—I got a policeman to help me out with him, we got into the cab, and ordered him to drive to his lodging at the York Minster—he told me where he lodged—he paid the cab-man, and as soon as he got into the house he was taken into custody.

Cross-examined. Q. What did he spend altogether? A. Not more than 3s. 6d. or 4s., except paying for the cab—I never heard any thing against his honesty.

SUSAN HESTER . I am barmaid at the Gun public-house, in Chapel-street. I know the prisoner, by lodging there—on Thursday, the 12th of February, he came there about half past eleven o'clock, and asked for a glass of porter at the bar, which I served him with—he went into the parlour, and staid till about half-past five in the afternoon—he had something

to eat in the parlour; I do not know what he drank—he produced six sovereigns to me, and told me he was going to the play, would I take care of them for him?—shortly afterwards, he and Andrews went away together—I cannot say what he spent in the house—he treated several persons at the bar, and changed a sovereign, but did not spend it all—I should say he spent three or four shillings.

WILLIAM ELLIS (police-constable C 91.) On Thursday evening I received charge of the prisoner at the York Minster—he was drunk—I took him to the station, and found on him 1s., a 4d. piece, two halfpence, three duplicates, two letters, and two keys—I received 2s. 1 1/2 d. from the landlord.

Cross-examined. Q. What, from Shrubsole? A. Yes.

WILLIAM HENRY SHRUBSOLE re-examined. He paid me 2s. 3d. that evening when he came home, and he treated Andrews, himself, and the cab-man, with a glass of gin, and gave me half-a-crown, of which I gave the officer the change, 2s. 1 1/2 d.

Prisoner's Defence. I do not know what to say—the landlord keeps a house where men get drunk, and gives accommodation for other purposes.

BROMLEY. I belong to the cellar department at Buckingham-palace, and live in Cottage-place, Pimlico. I have known the prisoner some time—he lived with my wife in service four years, and was a most honest, upright young man—I never offered to pay the prosecutor the money he had lost if he would forego this prosecution—he told me, all he wanted was his money; and if he got that, he would not prosecute—he likewise told me, the money was safe when the prisoner took the candle-stick to go away.

COURT. Q. What do you mean by being safe? A. That he saw him take the candlestick—he did not say he saw the money after he took the candlestick—I am one of the warranted servants of her Majesty.

GEORGE BROWN . I am a builder, and live in Pimlico. I was at the Gun, and saw the prosecutor come in and offer, if any of the prisoner's friends would make up the money, he would forego the prosecution, and not appear here at all.

WILLIAM HENRY SHRUBSOLE re-examined. The prosecutor slept in the first room on the top of the stairs—there are two bed-rooms on the floor—the doors are about four inches apart, on the same landing—there are two stories above, and four persons lodge there, an old man, his wife and daughter, and a Mr. Tetchbury—any other lodger could have gone into the prosecutor's room as easily as the prisoner, but not without coming down stairs.


1st March 1841
Reference Numbert18410301-913
VerdictGuilty > pleaded guilty

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913. ROSINA WATLING was indicted for stealing, on the 17th of February, 2lbs. weight of cheese, value 1s. 8d., the goods of Mary Ann Hammond; to which she pleaded

GUILTY . Aged 16.— Confined Fourteen Days.

1st March 1841
Reference Numbert18410301-914
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceTransportation; Transportation

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914. JOHN BENNETT and ALEXANDER JONES were indicted for stealing, on the 27th of February, 96 yards of printed cotton, value 3l.; the goods of Joseph Norbury; to which

BENNETT† pleaded GUILTY . Transported for Seven Years.

JOSEPH DAVIS LEATHART . I am a house-decorator, and live in Bath-place. On the afternoon of the 27th of February I saw the prisoners, and followed them into Crawford-street—I saw Jones with his back to Mr.

Norbury's shop, and Bennett looking into the window—he came away, and spoke to Jones two or three times, and then went up to the shop-door—I lost sight of him, and then saw him come out with something, and go round the street, followed by Jones—a policeman came round the corner—I told him, and we went up to York-street—I saw Bennett with the goods on his shoulder, and secured him—Jones immediately crossed over the road behind two women—I gave Bennett to the policeman, and took Jones, and gave him in charge—they had kept in company all the way, and were in communication together, and went away together with the goods—Jones afterwards said to me, "This is a case"—I said, "Do you think so?"—he said, "It looks very much like it"—he said, if we had taken him in the morning, there would have been something worth.

WILLIAM CROUCHER (police-constable B 97.) I took charge of Bennett, be had the six pieces of prints on his shoulder.

FREDERICK WILLIAM HANKS . I am shopman to James Norbury, of Crawford-street—these prints are his property, and are worth 3l.—they were safe in the shop in the forenoon of the 27th of February.

Jones's Defence. I met Bennett in Oxford-street—he said he was looking for work—I went with him to Crawford-street—he said, "Wait a moment"—he looked into the window, and directly afterwards he went away from the door with something.

JONES* GUILTY .— Transported for Seven Years.

NEW COURT.—Saturday, March 6th, 1841.

Sixth Jury, before Mr. Common Sergeant.

1st March 1841
Reference Numbert18410301-915
VerdictGuilty > pleaded guilty

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915. JOHN HUDSON was indicted for stealing, on the 22nd of February, 1 jacket, value 3s. 6d., the goods of Catherine Burn; to which he pleaded

GUILTY . Aged 36.— Confined Two Months.

1st March 1841
Reference Numbert18410301-916
VerdictGuilty > pleaded guilty

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916. JOHN RICHARDS was indicted for stealing, on the 22nd of February, 1 honey-pot, value 2s., and 19lbs. weight of honey, value 19s., the goods of John Hewitt; to which he pleaded

GUILTY . Aged 32.— Confined Seven Days.

1st March 1841
Reference Numbert18410301-917
VerdictNot Guilty > unknown

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917. JOHN JOB JEAVES was indicted for embezzlement.

MR. PHILLIPS conducted the Prosecution.

WILLIAM VILLIERS STEWART . I live in Dover-street. I employed the prosecutor as house agent, in 1838—in 1839 I called at his office in Bond-street, and paid the prisoner five guineas, on account of his master—he gave me this receipt—I said it was a higher charge than he bad made when I had employed Mr. Hay in the same way, a year or two before.

Cross-examined by MR. CLARKSON. Q. Your brother had employed Mr. Hay? A. Yes, I rather think that Lord—'s account was settled that year—I had acted for my brother in settling his account—I called on Mr. Hay, and gave him a draft for 20l.

JOHN HAY . I live in Conduit-street. In May, 1839, the prisoner was my clerk—he was authorized to receive money on my account—it was his duty to account to me, and to hand money over to me at the time he received it—he left my service at Christmas that year—he never accounted

counted to me for 3l. 13s. 6d., or 5l. 5s., as received from Mr. Stewart—after the left me he went to live in South Audley-street—I called there in the early part of 1840, and asked him if the account had been settled with Mr. Stewart—he said, "No, sir, no, sir"—I found out this year that Mr. Stewart had paid him.

Cross-examined. Q. Is an house-agent's the only business you follow? A. Yes—I never followed any other since I have been a house-agent—I followed the paper manufacturing business before, and I had a coach from London to Oxford—I have not been any thing else—the latter end of 1839 I was in embarrassed circumstances—had I been paid that which was owing me, I should not have been so—in October, I had three executions against me—I never had but three—they never were in the house, but against my person—I was taken in execution in May—I had an execution in my house, and paid it out in five days—I never had one longer—I bad a distress for rent—I cannot tell how long it was in my house—I had a man some time—I kept him there to keep out other executions, till the other executions were taken out against me—they were not debts of my own—I think it must have been two months—I swear it was not four months—the prisoner brought an action against me in June, 1840—I applied to the court of Queen's Bench for criminal information for a libel—I was obliged to do so, for he sent me most scandalous letters—he set up in business about a quarter of a mile from my place—he left me on the Saturday night, and sent me a letter on the Monday, to say he was going into business—I beard after, that he was quite prepared to go into business, and bad got hit books all ready—he wrote me a note to say, that as he did not seem to satisfy me, he thought it a duty to himself that I should get some one else to fill his situation—I was in the rules of the fleet at the time—he did not come down to the Fleet to settle his accounts—I think I went there on the 18th or 19th of May—on the Monday I paid 165l. into the warden's hands, and on the 22nd, I went into the rules—I took day-rules, and went on with my business—I paid 3s. 6d. the first day, and 2s. 10d. every day after—it was not my creditors' money—I remained in the rules till the following September—I was advised to go into the Fleet by a gentleman in the profession, who is here—I went, and staid two days—it was my intention to get the rules—I had never been in custody before—I got my money by going to the west end of the town, the prisoner never brought a shilling to me—I went to him, and then he used to settle with me when he received any money—he very seldom received any—when he had, he handed it over—upon my oath there never was an execution in my house for twelve months, nor for four—a distress was put in by Miss Alberton, and Harbour was the broker—that did not remain more than three months—I do not think it was more than two—I have a brother in the medical line—I did not advise him to bring an action—I never was in custody at Marlborough-street, nor in any police-office—the prisoner sued me for arrear of salary—Sir George Talbot was at my office the week before last—I had let a house for him—I received the rent three or four months before I paid it—I paid in the last payment within a day of having received it—the prisoner did not tell me from time to time that the money had been inquired for, when I was out of the way—I remember Sir George Talbot applying for his account—I went there and he had left town—the next time he came to town he called, and I gave it to him—I sold a Mr. Davis's house to Dawkins, and got a deposit of 100l.—I was sued for the money, I suppose about a month after I had it

swear it was not three—it was dropped, and I heard no more of it for twelve months after, when my solicitor unfortunately was going on with a non pros, to compel the other party to pay my expenses, and get the action settled—I received 100l. deposit—the amount was 5000l. odd, and my account was 90l. odd—I deducted my account, and handed the balance, with the receipt for my account, to Mr. Davis—I went to the Fleet a year and a half after that—I paid a portion of the execution against me—with this they got a 40l. verdict—I did not pay it by going to prison—I paid 40l.—I have 30l. more to pay—the costs and verdict came to 70l.—they went for 92l., and the Judge said we ought not to he paid by commission, but for work and labour done, and he should leave it to the Jury—he thought 10l. would he sufficient for the work and labour, and the Jury returned a verdict of 50l., which was a verdict against me for 40l.—I have paid 40l. at two different times, at three and six months, from September, 1839—I paid it as early as June, 1840—since then I have paid nothing— they gave me two years to pay it—I let a house for Admiral Douglas—I received the rent—I did not send to Admiral Douglaa that the money was in the stocks—I paid it long ago—I paid it a month after I received it—I never received a letter from an attorney for Admiral Douglas in my life—I let a house for Mr. Bells in Burlington-street, and received the rent—I accounted for it immediately—he called on me, and paid me my account—I had a groom named Wiles—I let a part of my stable to Mr. Bullock—I see Admiral Douglas fitting here—upon my oath I did not go against his orders and receive the rent—I do not know whether he authorized me to receive it—Mr. Sheppard called on me and paid me the rent, I never asked for it—it was not arranged that it should have been paid into the bankers', to my knowledge—I never received rent for him before—I had never been employed by him before—I let Seymour House to Sir John Cuss—I received this rent, and paid it in to his banker immediately—I went to Mr. Bulteel's house in Grafton-street on the subject of his horses' corn—Wiles was not there—Wiles left me, and the next day there was a paper put up, "Who stole Mr. Bulteel's corn?—it was very badly written—it was brought to me by Mr. Bulteel's coachman, and he said, "This fellow Wiles is in a very great rage about leaving you; he will say any thing about you—here is this stuck up against Mr. Bultee's door"—I went to Mr. Bulteel's about it—he said he did not believe what he had said—Wiles had a great-coat which he would not give up—I went to Mr. Wainwright, in whose service Wiles was, and charged Wiles with taking a great-coat and a pair of boots—I told Mr. Wainwright that I had since ascertained from a youth in my house that Wiles was ostler, or helper, at a place where Mr. Johnson's traveller had been robbed, and he was the person who robbed him—Mr. Wainwright had not engaged him then, but he did engage him—he said it was not a situation in which he could rob him, and he thought he would try him, as I could say nothing else against him—I said, he had left me in a very unhandsome manner—I never was sued by Thornhill, the cutler, at the Court of Requests—Devine, an umbrella-maker, served me with a summons for 1l. 11s., which I did not pay, because, just at that time, I was taken in execution—I paid it afterwards with the costs, though I was not liable, because I was taken in execution in a superior court, and the Court of Requests could not have taken cognizance of it—I was sued by Meers, a baker, in Davis-street, for a disputed account—I never was sued by Mr. Boyd, a baker—Mr. Bartlett

applied to me for 6l.—Boyd was arranging his accounts, and Mr. Bartlett I wrote to me to pay it—the account was 7l.—I paid 6l.—Mr. Bartlett said it was a very gross thing—there were twenty-five quartern loaves charged I in one week—I think I was sued by England, a milkman, for something—I paid it directly—I was sued by Gingell, the farrier—he pricked a horse of mine worth seventy guineas—I was sued by Mrs. Butler, of Bruton-street, six years ago, for 11s., and by Brenham, a gilder—he claimed half a commission for a house—I was not sued by Ray, a stable-keeper—he put a distress into my stable one morning about eight o'clock, without asking me for the rent, which was 50l. odd—he owed me 30l.—I paid out the distress directly, and commenced proceedings against him for what was owing—every one of these were disputed accounts, which I did not conceive 1 ought to be called on to pay the whole amount—if I had expected to have been asked these questions, Miss Devine would have been here to say she never regretted any action so much in her life—I was not sued by Hooper, nor by Smith, for wages—I do not recollect the name—I was sued by the boy in my own office, after he had left me and gone to the prisoner—I paid him, though I was not liable—he was of very little use to me—I knew Hardy—he was a fellow prisoner of mine in the Fleet—he had no goods that I know of—I let him have my two back rooms at Conduit-street for the purpose of commencing business after he left the Fleet—he fitted up a laboratory there—when his case came to be heard, he went back to the Fleet—there was some dispute about some furniture at some other place, and the Court decided that it was to be given up—I kept his stock, but you will be pleased to bear in mind, that five months and a half had elapsed before his case was heard, and he agreed to give me 30l. for six months.

Q. While you were in the rules of the Fleet unable to pay your debts, did you not, in point of fact, become bail for another person? A. Never, sir—I did not become bail for Francis then—that was two months after, I think it was the latter end of November.

MR. PHILLIPS. Q. When you were taken in execution, did those to whom you were indebted send in their accounts? A. No—the prisoner brought an action for wages, and he made a proposition to settle it by each party paying their own costs—I have my costs to pay—no demand was made on me for his costs.

THOMAS STAINES . I am clerk to Mr. Hay—he sent me to the prisoner with a message respecting Mr. Stewart's money, on the Wednesday previous to the prisoner being taken—it was some time in last month—I called at the prisoner's office in South Audley-street, and told him Mr. Hay desired me to call to know if he knew any thing about Mr. Stewart's account and some others—he said he he did not know any thing at all about them—I am sure I mentioned the name of Mr. Stewart to him.

Cross-examined. Q. Were you ever in partnership with Mr. Hay? A. Yes, in Conduit street, five or six years ago—we dissolved because we did not agree, and some time after I became his clerk—I once took the benefit of the Insolvent Act—I was not remanded for fraud—I was remanded to endeavour to settle—I could not, and I took the benefit of the Act.

HENRY BERESFORD . I am a police-inspector. On the 12th of February, I went with Mr. Hay to the prisoner's house in South Audley-street—Mr. Hay said, "I charge that man with embezzling five guineas while in my service, received from Mr. Villiers Stewart"—the prisoner

said nothing at that time—he was within a yard of him, and must have heard him—Mr. Hay went out, and then the prisoner asked me what he was charging him with—I said, "You have heard what it is; it is with embezzling five guineas"—he said, "I know nothing whatever about it"


1st March 1841
Reference Numbert18410301-918
VerdictsGuilty > unknown; Guilty > unknown; Not Guilty > unknown
SentencesTransportation; Imprisonment

Related Material

918. GEORGE ARNOLD, CHARLOTTE DAVIS , and JANE GALLOWAY were indicted for stealing, on the 1st of Fehruary, 1 200l. Bank note, the goods of Charles Prior: and WILLIAM ARNOLD , for feloniously inciting them to commit the said felony.

MR. ADOLPHUS conducted the Prosecution.

CHARLES PRIOR . I sell pigs and rabbits, and live in Angel-alley with Margaret McGrath. On the 13th of January last, I received a 200l. note, and 63 sovereigns at the Bank, in consequence of a legacy—this is the memorandum of it—it was by the sale of some stock—I kept the 200l. Bank note locked up in a box—on the 1st of February I bought three rab-bits and two hutches of the prisoner Arnold's father, and a dog of one of the sons over in Russell-street, Bermondsey—I got them home to White-chapel, in a truck—the two Arnolds assisted me—when I had got my rabbits home, I went to the Cock public-house, at the corner of Goul tone-street—I had left my 200l. note at home—I, and the two Arnolds, Galloway, and M'Grath went to the public-house—we had half a pint of gin, and we went from that to drinking warm beer—M'Grath went away, and I was left with the other three—George Arnold wanted a pipe of tobacco—I asked if he had got any money, he said, no, and I gave him 1d.—he had old clothes on, and a jacket or cap—George Arnold said I had got no money, I said I had a 200l. note at home—he said I dared not bring it and show it him—I told him I dare, and I went home and fetched it—I showed it to him, but did not let him have it in his hand—I showed it them all—they all looked at it—when I went home for the note, M'Grath followed me—she followed me into the public-house—I gave the note to Richardson, the bar-man, and asked him to change it—I seemed stupified and half-drunk—the bar-man said he would not change it, he would keep it till the morning—I said, "No, give it to my old woman, let her take it"—she took it, and I went home to bed—Davis came into the room after I was in bed—she said, "How should George Arnold get a 5l. note, where should he get one?"

Cross-examined by MR. PRENDERGAST. Q. Did M'Grath and Galloway go out together? A. No, Galloway went into the public-house with me.

Cross-examined by MR. DOANE. Q. Have you ever been in any difficulty? A. I was once, seven or eight years ago—I was sent to gaol, and kept there twelve months—I was not innocent of what they sent me there for—I was only in prison once—I swear I never was charged but that once, and once besides that—I had not forgotten it—I knew very well I had been there twice—it was Massy's public-house I went into, in the first instance—Galloway was there—I paid the hire of the truck—I borrowed 1s. of Galloway at Massy's, and paid for every thing that we had—I do not recollect saying, "Don't suppose because I borrowed 1s., that I have got no money"—Galloway knew I had got a 200l. note—I do not recollect saying any thing about the 200l. note when I borrowed the shilling—I will not swear that I did not say that I had got a 200l. note at home after I had the pipe of tobacco—I was not drunk—I settled for the truck—we had had the gin, and I went home—I had seen the bar-man, and paid him for the

gin—I had had no quarrel with M'Grath about this time—I did not threaten to leave her that night—I had told her that I should leave her—I have told her so before the robbery, but J did not that night—she did not tell me that if she got hold of any of my money she would keep it for herself—she is a different woman—I never heard her say that to me to my recollection—I never heard her say it.

MR. ADOLPHUS. Q. How long have you lived with her? A. Better than six years—we may have used ill words and quarrelled—she lives with me still—I borrowed 1s., because I had no change in my pocket—some of my 60l. was left—it was pretty well known in the neighbourhood that I had received that legacy, and had a 200l. note.

MARGRET MCGARATH . I am a widow—I live in the same house as Prior—I can read my Bible and Prayer-book—I live with Prior. He had a 200l. note—on the night stated I went with him to the public-house—George Arnold, William Arnold, and Galloway were there—we went in together—Prior had half a pint of gin, and paid for it, and we drank it—he then gave me 6d., and said he was going out about some business—he went out—William Arnold asked me for a pipe of tobacco—I kept the money till Prior came in again, and then gave him the remainder of the halfpence—I went home—Prior came home, and asked me to take out his box—he took out his 200l. note—I followed him to Massy's again—Galloway, William Arnold, and George Arnold were there—Prior took the note out of his waistcoat pocket, and said, "You see I have got money, you said I had no money, here is a 200l. note"—he showed it to the bar-man, and asked him to change it—I said, "Don't change it, but take care of it for him"—Prior said he should have his note back again—the bar-man said he would not change it, but if he liked he would keep it for him—he would not give it him—Prior said, if he would not give it to him, to give it to his old woman, meaning me—the bar-man laid it on the counter, and said, "You see, Charles, this is the 200l. note"—Prior said, "Yes, I am satisfied"—I saw it was the 200l. note—I took it into my hands, folded it up, opened it, and said to a man who stood there, "You see this is a 200l. note"—the bar-man said, "Take care of it, put it into your pocket, and go straight home with it"—then Prior walked out, and went home—Galloway and the rest all left the house—Prior got home before me—when I got home Prior was just laid on the bed—he was not to say drunk, he was rather tipsy—he laid his head on the pillow—William Arnold then came for me—he said, "Peggy, Jane wants you"—(Jane is Galloway)—she lives the second door from me, in Angel-court—I told him I could not go—he came a second time, and I then went (it must have been five or six minutes from the time I left the public-house till I went) it was about half-past six o'clock when I went—it was dark—I went to where William Arnold took me—when I got there he put his arm round my neck, pushed me in, and said he had taken a great fancy to me that night—I had never seen him before that evening—it was a private house—I went into Galloway's room—she was sitting there by the fire—there was no candle—Davis was there—she is niece to Galloway, and Galloway is her servant—William Arnold went out—he said he would just have half a pint of rum, and Davis said, "What do you want with rum? you cannot pay for a pipe of tobacco"—George Arnold was not there at this time—William Arnold walked out, and did not come in again—I then said to Galloway, "Did

you send for me?"—she said, "No, I did not, but sit down by the fire"—I sat down, and said, "What a foolish man Charley must be, to take his note to a public-house, but, I thank God, I have it all safe"—after William went out, and after I had said this about Charley, George Arnold came in, and said, "Peggy, will you allow me to look at the note? I don't think I ever saw a 200l. note"—I took it into my hand, and said, "You see it is a 200l. note"—he took it out of my hand, and Davis moved towards the door—George Arnold walked up to Davis, with the note in his hand—he said to Davis, "You see this is a 200l. note"—she said, "Yes"—George Arnold faced Davis close, and I was afraid he would run away with the note—I kept my eye en him—he walked to me again, holding up the note, and put it into my hand—Davis walked back again, and stood by the fire—I looked round immediately, and saw George Arnold run away—he was gone in a moment after he gave me the note—I took the note be gave me, unfolded it, and found I had a 5l. note—I said immediately, "My note is changed"—I turned to Galloway, and said, "Can you read?"—she said, "No, I cannot"—I said to Mrs. Davis, "Can you read?"—she said, "Yes, and this is but at 5l. note"—I said, "What will I do? George has robbed me, I will destroy myself; George has robbed me, he has changed my note"—she said, "I wish I had not been here"—I said, "What ever will I do? I have been robbed of the man's note, of Prior's note"—she said nothing, but walked out, and went home to her house, which is next door to where we were—I then went to Prior, and told, him what bad happened—I then went to Davis again, and saw her and her husband there—I said, "Mrs. Davis, what ever will I do? George Arnold has changed my note"—she said nothing more than that she wished she had not been there—I" went to Spitalfield station, and they sent a policeman to Mr. Massy's to make inquiries—I afterwards went to Bermondsey with the policeman, and found William Arnold in bed, about eleven o'clock at night—the policeman said, "This woman is come to give charge of you and your brother about a 200l. note"—he said, "Yes, I was in his company, but I have not got the note"—he took him to the station, and on the way he said, "Be moderate with me, don't get me locked up; if my brother George has robbed you of a note, I have not; if you will go to Angel-square, Jane, I think, will make it all right"—I said, "How do you know, can she do it?"—"I don't know," says he, "but I think she can"—the policeman then came to Galloway's house, and rapped at the window—she was in bed—she said she knew nothing of the note—she was not taken to the station that night—about three weeks before the robbery, Davis said to me that she knew I had a 200l. note, and warned me to take care of it—Galloway said to me she dared to say Charles had spent more than 4l. or 5l. in all his spree—I said I did not know what he had spent, but I knew he had got the main part yet, he had got the 200l. note safe—that was a day or two before this happened—I had no other note beside that 200l. note in my possession at all—Charley had received the rest in gold.

Cross-examined by MR. PRENDERGAST. Q. Did you go into the public-house with Prior? A. Yes—I and Galloway and all the party went into the house together—I did not see Galloway out of the house part of the time—she had not left the house before me—I went out to come home—Prior took the 200l. note, and I followed him—I cannot exactly say how long I stopped there, I should think half an hour—when I came out

Galloway had not left—we all came out together—we were on very intimate terms—she knew me for three or four years—we have been tenants of Davis's six years—I am in the habit of going to her house three or four times a week.

Cross-examined by MR. DOANE. Q. Had you had any words with Prior about the time of the robbery? A. No, not the night before the robbery, nor the night after—he never said a cross word to me—we were to leave the place entirely in a few days—we were quite good friends—I had no disturbance with him at all—he did not threaten to leave me at that time—I never said after the robbery that if ever I got hold of any of his property I would take care of myself—when Prior came to Massy's with the note, the bar-man was there—Prior showed it to him, and said, "You see I have got money," and the bar-man said, "Take care of it"—we had the note in the house about three weeks—I did not go with Prior to receive it, or see where he got it—I could not read the 200l. note very well—I could read it—I can swear it was a 200l. note that was taken—after George Arnold left I saw at once that the note I had was a 5l. note—Isaid, "Mrs. Davis, my note has been changed."

Q. If you were satisfied it was a 5l. note, how came you to ask Davis and Galloway if they could read? A. I was quite certain—I was so alarmed I did not know what I was saying—I saw the bar-man in the course of ten minutes after this in his bar—I asked him if that was a 5l. note—hesaid, "Yes, they have rung the changes on you"—I said, "This is not the note you gave me, you see my note has been changed"—I did not say "What note is this, is this the note you gave me?"—I can read this paper—Ido not know Timothy Mahoney—I knew him a good many years ago—myname is M'Grath—my Christian name is M'Grath—my maiden name I mean—my name was Mahoney—Tim Mahoney has been dead many years—I saw George Arnold show the note to Davis—I did not exactly see his hands—he came to her, and said, "Is not this a 200l. note?"—shesaid, "Yes, I have seen it before."

MR. ADOLPHUS. Q. I suppose you and Prior have had little tiffs and quarrels, and made it up? A. I never had any quarrels—I never went away from him—we may have had a cross word or two—I brought a note from the lodgings with me—it was the same note that had been in the hands of the bar-man, and given to me to take care of, and the note George Arnold took out of my possession—if you were to put 200 in large letters I could read it—the officer has the 5l. note.

WILLIAM RICHARDSON . I am bar-man at the Cock public-house, kept by Mr. Williams—the original name was Massy. On the 1st of February, Prior, George Arnold, and William Arnold came to the bar, and called for some ale—I served them—there were other persons there, but not connected with them—I then left the bar—Prior came to the bar in the course of time, and asked if I could change him a note—I said I could not—he went away and fetched a 200l. Bank of England note, and gave it to me—I put it into M'Grath's hand open—it was the same note—Prior seemed the worse for liquor—he said, "Give my old woman the note," and I did—I asked her if she could read—she pointed to the middle of the note where the 200l. was engraved in large letters, and said, "This is the note"—she showed it to another person, and said, "This is the 200l. note"—he said, "Yes, it is"—I saw her fold it up, and put it into a small bag, she put it into her pocket, and went away—Galloway was present while I had the

note in my possession, not Davis—I told Galloway that I had given M'Grath the note—she said, "It is nothing to me, I have nothing to do with it"—Prior went out first by the side door—Magrath went out at the front door—Galloway and the Arnolds went out in about two minutes—I believe Prior had drank ale or beer—he was the worse for drink, but sensible enough to know what he was about.

Cross-examined by MR. PRENDERGAST. Q. When did Galloway come? A. While I had possession of the note—not till then—I was there when the parties came in, but I was away a quarter of an hour—whether any one came then, I cannot tell—Prior and the two Arnolds came in first—I did not see Galloway then—I did not see M'Grath till she followed Prior in with the note.

COURT. Q. Did Galloway see you give the note to M'Grath? A. No, she had left, and returned just after I gave M'Grath the note—I told her I had given the note to M'Grath, and she said it was nothing to her.

Cross-examined by MR. DOANE. Q. You were present when Arnold and Prior came in? A. Yes—they had some ale—I heard about the payment for the truck—that commenced previous to my leaving the bar—if they had had any gin then, I had not served them—they first came in about six o'clock, and the note was brought in by Prior at nearly seven.

MR. ADOLPHUS. Q. Did M'Grath produce any note to you? A. Yes, a 5l. note—there is no sitting-room at our public-house—persons come to the bar, and take what they want.

JAMES PERRY (police-constable M 60.) On the 2nd of February, about half past one o'clock in the morning, I was on duty in Long-lane, Bermondsey—inconsequence of what M'Grath said to me, I went to Russell-street, Bermondsey—I found William Arnold there, in bed—M'Grath charged him on suspicion of being concerned in the robbery of the 200l. note—I asked if he had been with his brother George the previous evening—hesaid he had, in Whitechapel, about half past six o'clock—I asked, "What part of Whitechapel?"—he then said, he could not tell; he did not recollect having seen him at all, as he had been drunk—in going to the station, he asked if I thought he should be locked up—I said, it was very probable he would—he said, "Why dou't you look to Jane for the note?"—Iasked him who Jane was—he said, "My brother George's old woman."

DENNIS POWER (police-sergeant H 18.) On the 2nd of February I apprehended Galloway at her house in Angel-alley, Whitechapel—she said she knew nothing about the 200l. note—I asked if she knew George Arnold—shefirst said "No"—and then she said, "He is in the habit of coming here four or five times a week"—I then told her she must go to the station—I asked her to send for Mrs. Davis, which she did—Davis came into Galloway's room—I asked Davis whether she knew any thing about the 200l. note—she said, she came into the house the evening before, about half past six o'clock, with her servant Galloway's tea, which she was in the habit of doing—she showed me the position she stood in at the door, by holding the door in her hand—she said, "While I was standing at the door, Peggy and William Arnold, who is now in custody, came in reeling, and William Arnold with his hand round her neck—Peggy went and sat by the fire, and there she pulled out a bank note, and said,' Thank God, my note is safe'"—that she (Davis) said to her, 'Peggy, take care of it, don't lose it,' as she was wrapping it up in an old stocking, and she placed it then in her pocket, that William Arnold then went out, and George Arnold

came in, and asked Peggy to look at the note—that she gave it him, and he walked a few paces, not coming near her—that she saw him hand Peggy the note again—he went out, and then Peggy said to her, 'Is this a 200l. note?' and she said to her, 'No, Peggy, it is a 5l. note'"—I then took Galloway, and told Davis she must attend at the office—I went back, by the prosecutor's request, and took Davis—she had got her things on, ready to come—the Magistrate held her to bail—I round George Arnold in custody at Spitalfields' station—he was dressed in a Macintosh, and was very drunk—I searched him, and during that time Prior came in—George Arnold extended his right hand to him, and said, "How are you, Charley?—Priorsaid, "Where is my 200l. note?"—he said, "I know nothing about it"—I took sixteen sovereigns and a half and 5s. 11 1/4 d. from him—the Macintosh appeared to be a second-hand one—he had a pair of clarence boots on, apparently new—he said he had won the money that day—here is the 5l. note I received from Prior—I said to Davis, "Mrs. Davis, it looks very black against you, being in the house at the time"—she said, "Yes, it does; I thought last night that I should be likely to get into trouble, being there"—I made inquiries as to her being in the house at the time she stated, and found it was a regular thing for her to go at that time with her servant's tea—she lives next door to Galloway, and keeps a house of accommodation—I believe Arnold's parents are very respectable.


Transported for Seven Years.

WILLIAM ARNOLD— GUILTY . Aged 27.— Confined One Year.


1st March 1841
Reference Numbert18410301-919
VerdictGuilty > with recommendation

Related Material

919. BARNEY CONNOLLY was indicted for stealing, on the 22nd of February, 4 feet of copper pipe, value 40s., the goods of McGregor Laird and others.

MR. BODKIN conducted the Prosecution.

SAMUEL COLE . I am gate-keeper at Curling's Dock, Limehouse. The British Queen was lying there—on the 22nd of February, in the morning, the prisoner came to the gate, carrying a piece of copper pipe, in the shape of an S, between three and four feet long, and about four inches in the bore—I asked what he was going to do with it—he said, to take it over to the foundry, to have a brass cock put in, as it was rather awkward to get the water out of the tanks when at sea—I allowed him to pass—I knew him as a coal-trimmer on board the British Queen.

ALEXANDER MENTIPLAY . I am chief engineer of the British Queen. On the 22nd of February she was lying in Curling's Dock—about ten o'clock that morning I went into the engine place, and missed a piece of copper pipe, about three feet and a half long, and three inches and a half in the bore, in the shape of the letter S—from the description I had received of it, I had the prisoner brought up—I asked him if he had taken any pipe on shore from the ship—he would not give me any answer—I then took him to Cole, and asked him, in the prisoner's presence, if that was the man who took the pipe out of the gate—he said he was—I asked why he took it, and who gave him orders to do so—he said, "No one"—the policeman was then called in.

CHARLES HAGAR (police-constable K 271). I was called, and took the prisoner—I asked him if he knew what he was in custody for—he said he knew something about it—I said it was about the pipe from the

British Queen—he said he had sold it at a marine-store shop—I asked him where be sold it, and he took me to Brailey's shop—Brailey denied that be had sold it to him—I searched, but did not find it.

MCGREGOR LAIRD . I am one of the proprietors of the British Queen, and there are others.

MR. LILLY. I am clerk to the Justices at the Thames police-court. I was present when the prisoner was examined on this subject—he was asked if be had any thing to say—I took down what he said, and I signed it—(reads)—"The prisoner says, 'I have nothing to say, only about the pipe; I sold it to Brailey.'"

GUILTY. Aged 31.—Recommended to mercy. — Confined Three Months.

1st March 1841
Reference Numbert18410301-920
VerdictsNot Guilty > no evidence

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920. HENRY BRAILEY was indicted for felonionsly receiving, on the 20th of February, 12 metal brackets, value 6s.; 8 screw-thimbles, value 6s.; 7lbs. weight of tin, value 4s.; and 1 flange, value 2s.; the goods of McGregor Laird and others.— Also 8 metal bolts, value 4s., the goods of George Redman, well knowing them to have been stolen; against the Statute, & c.

MR. BODKIN declined offering any evidence.


1st March 1841
Reference Numbert18410301-921
VerdictGuilty > unknown

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921. GEORGE CARROTT was indicted for stealing, on the 1st of January, 4 1/2 lbs. weight of bacon, value 2s.; the goods of William Ernest Bennett: and that he had been before convicted of felony.

WILLIAM ERNEST BENNETT . I live in Westminster, and keep a chandler's shop. On the 1st of January, about half-past five o'clock, I missed a piece of bacon from a board in my shop—it had been safe about five minutes before—I believe this to be the piece—(looking at it)—it was produced to me the next morning—I identified it then, but it is considerably altered in its appearance now.

ROBERT HARMAN (police-constable B 66.) I saw the prisoner running along the Broadway, Westminster, on the 1st of January—I knew him—Ifollowed and stopped him—I found this bacon on him.

Prisoner's Defence. I bought it of a man in the street, for 1s. 10d.

WILLIAM GLASS (police-constable C 127.) I produce a certificate of the prisoner's former conviction, which I got from the clerk of the peace-office, Westminster—(read)—the prisoner is the person.

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

1st March 1841
Reference Numbert18410301-922
VerdictGuilty > pleaded guilty

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922. THOMAS HAWKINS was indicted for stealing, on the 4th of November, 8 pecks of split-beans, value 8s.; 1 peck of oats, value 9d.; and 30lbs. weight of hay, value 1s. 3d.; the goods of Jason Gurney, his master; to which he pleaded

GUILTY. Aged 21.—Recommended to mercy. — Confined Three Months.

1st March 1841
Reference Numbert18410301-923
VerdictGuilty > pleaded guilty

Related Material

923. WILLIAM WOLSTONHOLME was indicted for stealing, on the 2nd of December, 1 watch, value 1s.; 1 watch-key, value 1d.; and 1 split-ring, value 6d.; the goods of William Neale; to which he pleaded

GUILTY .— Confined Fourteen Days—the last Three Days Solitary.

1st March 1841
Reference Numbert18410301-924
VerdictGuilty > unknown

Related Material

924. WILLIAM ABBOTT was indicted for stealing, on the 11th of February, 1 pair of scales, value 10s. 6d.; 2 planes, value 3s. 2 chisels, value 1s.; 1 spoke-shave, value 1s.; 1 gouge, value 1s.; 1 bevil, value 1s.; 1 pair of pliers, value 6d.; 1 screw-driver, value 3d.; 1 pair of pincers, value 6d.; 2 gimlets, value 4d.; and 1 file, value 4d.; the goods of Thomas Cook.

THOMAS COOK . I live in Skinner-street, Clerkcnwell, and am a wadding-maker. The prisoner worked with me the week after Christmas, but not in February—I was ill—I lost the pair of scales, the planes, and other things stated in this indictment, and a great many more—here are what we have found of them—I have examined them carefully, and can swear to them—several of them have my marks on them.

JAMES LUSBY . I live in Hare-street, Bethnal-green. I bought these tools and scales of the prisoner, on the 12th of February, I gave him 3s. 6d. for them—I am not aware what they are worth—he said they belonged to him, that he was in distress, and wanted to sell them—I gave him what he asked for them.

THOMAS COOK . I gave 14s. for the scales only.

JAMES CHAPMAN (police-constable K 370.) I went to Lusby's, and found all these things there—the prosecutor identified them directly.

Prisoner's Defence. I bought them in Petticoat-lane.

GUILTY .*— Transported for Seven Years.

(There was another indictment against the prisoner.)

1st March 1841
Reference Numbert18410301-925
VerdictNot Guilty > unknown

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925. JOHN GODLEMAN was indicted for stealing, on the 1st of February, 2 pairs of boots, value 1l., the goods of William Dean.

WILLIAM DEAN . I am a shoemaker, and live in Great Ormond-yard. I took the prisoner to live with me from charity, because he was out of I work. On the 1st of February 1 lost two pairs of boots, and on the 5th I went down to Hayes, and there I found the prisoner with one pair of them on his feet.

Cross-examined by MR. PHILLIPS. Q. How do you know them? A. They are market boots, I had them to mend—the prisoner has either mended them himself or got them done—he has been with me to pawn things—I never quarrelled with him—he never told my wife any thing about me—I know a 'woman named Davis—the prisoner caught me and Davis together, we had been out together; but I never bore any animosity against him—I took him in, and fed him all the winter.


Fifth Jury, before Mr. Sergeant Arabin.

1st March 1841
Reference Numbert18410301-926
VerdictGuilty > pleaded guilty

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926. JOSEPH TAYLOR was indicted for stealing, on the 2nd of March, 1 half-crown and 6 shillings, the monies of John Harwood and another, his masters; to which he pleaded

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

1st March 1841
Reference Numbert18410301-927
VerdictGuilty > with recommendation

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927. GEORGE GORDON was indicted for stealing, on the 10th of February, 14 shercots, value 2s. 4d.; and 6 cigars, value 1s.; the goods of John Warburg, his master.

WILLIAM SMERDON . I am in the employ of Mr. John Warburg, a cigar-manufacturer in Mansell-street—the prisoner was in his employ as a stripper, and a porter. On the 10th of February I came out of the front shop to go into the manufactory—at the end of that there is a coach-house—I saw a figure there—I knew no one had any business there at that time, which was about twelve o'clock in the day—I went up to see who it was, and found the prisoner—I asked what he wanted—he said,

"A board"—I said, "You don't want a board, if you did, you would have had it at eight o'clock this morning"—he said, "Do you think I came here to steal?"—I said, "I will have a light brought, and see"—I had a light, and found in a chaise a parcel of cigars and sheroots mixed together—I said, "You see I have not looked in vain"—he said he hoped I would forgive him, as I had forgiven him once before—I said I could not forgive every time, I would leave it in the hands of Mr. Warburg.

Cross-examined by MR. PAYNE. Q. What are they worth? A. 3s. 4d.

JOHN GOOZEE (police-constable K 142.) I was sent for, and took the prisoner—I asked him what he was going to do with them—he said he did not take the larger quantity—he took the small quantity to smoke.

(The prisoner received a good character.)


Aged 16.—Recommended to mercy— Confined One Month.

1st March 1841
Reference Numbert18410301-928
VerdictNot Guilty > unknown

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928. JOSEPH NORRIS was indicted for bigamy.

MR. PAYNE conducted the Prosecution.

MARY CARTER . I am a widow, and live in Collingwood-street, Bethnal-green. I was present at Shoreditch-church, in November, 1832, when the prisoner was married to Ann Weltered—I had known the prisoner about twelve months—his wife is still alive—I saw her a few minutes ago.

Cross-examined by MR. PRENDERGAST. Q. Are the prisoner and her pretty good friends? A. cannot say—I know she has another friend, whose name is Warner—I was not present at her marriage with Warner—I do not believe she is married to him—the prisoner's wife removed her goods to my house, and was there two days, and then she took them away—I did not know she was going to live with Warner—I met her and Warner together in the street about six months afterwards—t have reason to believe she has been living with Warner as his wife—I do not think she is married to him.

MR. PAYNE. Q. Do you know how long the prisoner and her lived together? A. No—I think it was in August, 1837, she removed her goods to my house.

JOSEPH ROBERTS . I am Parish-clerk of St. Mary, Islington. I produce the register of marriages at that church—on the 5th of December, 1838, there was a marriage between two persons named Norris and Loft—Ihave some recollection of having seen the prisoner at that church, but I cannot testify that it was on a marriage occasion, and I have some idea of his wearing his hat about the church, and he seemed to have a careless way about him.

Q. You think you have seen him before? A. I have a clear recollection that I had—I think it was on a marriage occasion.

JANE GREEN . I was nineteen years old last November—I live in Wade's-place, Poplar—I have been acquainted with the prisoner better than twelve months—he was an acquaintance of my brother's, where I then lived, and it was there I first saw the prisoner—I went to live in his house last July—I saw a woman there, and she repeatedly told me, in the prisoner's presence, that she was his wife—I went there because my sister and I could not agree—I was placed under the prisoner's protection—I have seen him write repeatedly, and I have received letters from him—I have not the least doubt that the signature to the marriage in this register is his writing.

Cross-examined. Q. What have you seen him write? A. His own

name—he was very fond of writing that, and I have seen him write pieces out of the Bible—he has explained the Scriptures to me.

JOHN HABGOOD (police-constable K 109.) I took the prisoner at Ship and Billet-yard, Greenwich—I told him he was wanted for marrying two women—he said, "Very well."


1st March 1841
Reference Numbert18410301-929
VerdictGuilty > pleaded guilty

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929. WILLIAM WELCH was indicted for stealing, on the 1st of March, 20lbs. weight of lead, value 3s. 6d., the goods of John Phillips; to which he pleaded

GUILTY. Aged 45.—Recommended to mercy. — Confined Three


1st March 1841
Reference Numbert18410301-930
VerdictNot Guilty > fault

Related Material

930. JAMES WOLFF was indicted for stealing, on the 24th of February, 1 wooden rafter, value 6d.; 1 wooden pantile-lath, value 1d.; and 2 pieces of wood, value 5d.; the goods of John Joseph Hickmott.

The property not being identified, the prisoner was ACQUITTED .

1st March 1841
Reference Numbert18410301-931
VerdictGuilty > unknown

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931. ELIZA CLARKE was indicted for stealing, on the 20th of February, 1 sheet, value 3s., the goods of John Russell; and that she had been before convicted of felony.

JOHN RUSSELL . I keep a house in the Almonry at Westminster. The prisoner and a soldier came to the house about eleven o'clock in the evening, on the 20th of February, and staid about a quarter of an hour—they were shown into a bed-room—in five or six minutes after they were gone, I missed the sheet—I went in pursuit of the prisoner, and found her that night—this is the sheet.

Prisoner. Q. Did you see me with it as I came out? A. No.

WILLIAM ARPIN . I am a pawnbroker, and live in Westminster. The prisoner pawned this sheet with me that evening, before eleven o'clock.

Prisoner. It is false.

WILLIAM CLIFTON (police-constable R 50.) I produce a certificate of the prisoner's conviction, which. I got at Mr. Clark's office—(read)—I was a witness on the trial—the prisoner is the person.

GUILTY . Aged 22.— Transported for Seven Years.

1st March 1841
Reference Numbert18410301-932
VerdictsGuilty > pleaded guilty

Related Material

932. ANN MACK was indicted for stealing, on the 16th of February, 1/2 a yard of satin, value 3s.; 2 yards of lace, value 2d.; 1 pair of gloves, value 1s. 6d.; 2 scarfs, value 12s.; 1 waistband, value 5s.; 1 handkerchief, value 2s. 9d.; the goods of Richard Dean, her master.— And 3 yards of lace, value 2s. 6d.; 2 yards of ribbon, value 1s.; and 1 collar, value 2s. 6d.; the goods of Mary Ann Clarke: to both of which she pleaded

GUILTY . Aged 19.— Transported for Seven Years.

(There was another indictment against the prisoner.)

1st March 1841
Reference Numbert18410301-933
VerdictGuilty > unknown

Related Material

933. JAMES PRITCHARD was indicted for stealing, on the 20th of February, 1 looking-glass and stand, value 6s. 6d.; the goods of Thomas Spedding.

ALFRED WRAY . I am in the service of Mr. Thomas Spedding, a broker, at Knightsbridge. On the 20th of February, between eleven and twelve o'clock, my mistress told me something, and I ran out—I ran about a mile, and saw the prisoner with this glass on his shoulder—it is my master's glass and stand, and had been in the shop—I know it was safe there before—the prisoner said he had been paid by a person to carry it.

Prisoner. The glass was given me to carry, and I was to be paid for it.

GUILTY . Aged 26.— Confined Three Months.

1st March 1841
Reference Numbert18410301-934
VerdictGuilty > with recommendation

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934. CHARLES OWERS was indicted for stealing, on the 26th of February, 1 half-crown, the monies of John Hack.

JOHN HACK . I keep a beer-shop in Hoxton-square. The prisoner and three other persons came to my shop on the 26th of February, about four o'clock in the afternoon—they called for a pot of sixpenny ale, and hesitated who should pay for it—one of them said, "Take hold and drink"—"No," says I, "I am not paid for it"—one of them then threw down a half-crown—I gave them two shillings, and put the half-crown behind the engine, in the bar—I then went into the parlour, and was there nearly a minute—I then heard a bit of a scuffle, and saw the prisoner on the counter, reaching after the half-crown—he got it, and got down, and ran off—I pursued him to the corner of Pitfield-street—he went into a cheese-monger's shop, and called for half a quartern of cheese, and tendered the half-crown—I went in, and said, "This is my half-crown," and I took it up—this is the half-crown—I noticed it because it was so smooth, and I was afraid it was a bad one.

MOSES CHURCH (police-constable N 153.) I was called in to the cheesemonger's shop, and took the prisoner—he said nothing.

(The prisoner received a good character.)

GUILTY. Aged 24.—Recommended to mercy. — Confined Eight Days.

1st March 1841
Reference Numbert18410301-935
VerdictGuilty > pleaded guilty

Related Material

935. JOHN EDWARDS was indicted for stealing, on the 19th of February, 1 cape, value 15s.; two penknives, value 2s.; the goods of Francis Bishop; to which he pleaded

GUILTY . Aged 33.— Confined Nine Months.

1st March 1841
Reference Numbert18410301-936
VerdictGuilty > unknown

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936. JAMES COCKRAN was indicted for stealing, on the 1st of September, 2 half-sovereigns, 4 half-crowns, 25 shillings, and 12 six-pences; the monies of Francis Proudman, his master.

CHARLOTTE PROUDMAN . I am the wife of Francis Proudman—we keep the Hand and Flower, public-house, at Kensington Gore—the prisoner was our pot-boy for eight or nine months—we missed money very frequently from the till—we missed a half-crown on the 1st of September—we did not miss any gold then—on the 18th of February, there was a half-sovereign missing—I called the prisoner, and told him there was a half-sovereign missing, and asked him if he had any objection to be searched—he said, "No"—he then said, "I will tell you all about it—I picked up a half-sovereign, and a half-crown, at the bar door"—I said, "Have you any objeption to your box being searched?"—he said, "No"—I went up with the policeman, who took two half-sovereigns out of a paper—he said, "Is this all?"—the prisoner said, "No, there is some silver in a stocking," and he gave it him—the officer was going to count it—he said, "You need not, there is 2l."—there were some half-crowns amongst it—the prisoner acknowledged the whole of it to be his master's property.

GUILTY .* Aged 18.— Confined Three Months.

(There was another indictment against the prisoner.)

1st March 1841
Reference Numbert18410301-937
VerdictGuilty > unknown

Related Material

937. ROBERT SMITH was indicted for stealing, on the 23rd of December, 1 knife, value 5s.; 1 locket, value 1l. 1s.; 1 ring, value 1l.; I cigar-holder, value 7s.; 1 tobacco-pipe, value 1l.; 1 neck-chain, value 15s.; 6 surgical instruments, value 1l. 6s.; 1 box, value 1s.; and 1 handkerchief, value 2s. 6d.; the goods of Francis Fordham.

FRANCIS FORDHAM . I am now out of business, and reside at Solomon-terrace, New-road, St. George's. The prisoner had been my porter when I was in business, and after that he lived with me to do jobs in my house, for which he had his meals—I missed various articles, and charged him with having stolen them—he said he knew nothing of them—I produced to him a handkerchief which he had pawned and sold the duplicate of—I told him if he liked to give me the things, or the duplicates, I would not give him into custody—he then said he had sold the duplicates—this box of instruments was afterwards found—it is part of what I lost—the rest of the property is lost.

AVIS HEARN . I have known the prisoner nearly twelve months—I bought the duplicate of this handkerchief of him—I got the handkerchief, and my little girl wore it round her neck—the prosecutor saw it and knew it.

JOSEPH EADY . I am a policeman. I took the prisoner—the prosecutor gave me this handkerchief, which he said the prisoner had stolen from him, with several other articles—I asked the prisoner what he had done with the remainder—he said he had sold them—I searched, and found this box of instruments in a box in the kitchen.

GUILTY . Aged 20.— Confined Three Months.

OLD COURT.—Monday, March 8th, 1841.

Third Jury, before Mr. Recorder.

1st March 1841
Reference Numbert18410301-938
VerdictGuilty > with recommendation

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938. JANE HEDDITCH was indicted for unlawfully, maliciously, and feloniously assaulting Thomas Day, on the 9th of February, and stabbing and cutting him in and upon the right side of his belly, with intent to do him some grievous bodily harm.

THOMAS DAY . I live in Chad's-place, Bell-alley, London-wall. I am a waiter, and my brother John was landlord of the Red Lion public-house, Hough ton-street, Clare-market—I had charge of the house for him, and on the 9th of February he transferred the house to the prisontr's husband—theytook posseshion about three o'clock that afternoon—they appeared dissatisfied with their bargain—I remained on the premises till about seven o'clock in the evening, and my brother also—before I left, it was arranged that I was to sleep with the prisoner's husband at the Red Lion—I returned about half-past eight—my brother and his wife went with me at the time, to ask for the key of the door, as I thought I should be rather late—I knocked at the door—Piddock opened it—as soon as I entered the passage I heard the prisoner say my brother was a d—rogue, and his wife was a d—w—e—my sister-in-law went into the parlour, to ask for an explanation of what she had been saying—I went in with her, and the prisoner got off the seat and told her husband to turn the d—b—out—her husband got off his seat, and was about to lay hold of my sister-in-law, when I stepped in between them—I had nothing in my hand, nor had her husband—I did not hold up my hand or fist, I merely stepped in between them, and said he should not ill-use her—the prisoner was standing by the fire-place, and said "I know how to serve you b—s out"—she directly made a run at

me with her hand closed, and stabbed me in the lower part of my belly—I cannot say what she had in her hand—I told my brother I was stabbed—I did not bear her say any thing after 1 was stabbed—I was taken to King's College Hospital, Portugal-street, and remained there for three weeks.

Cross-examined by MR. PHILLIPS. Q. Was it agreed that you were to bring your brother and his wife to sleep there? A. No, it was not—I went there quite peaceably inclined, to ask for the key of the street-door—therewere one or two females there—I do not know their names—I had spoken to them in the former part of the day, but not in the evening—I was not drying my handkerchief at the fire—Elizabeth Fitzgerald did not say I had been drinking, nor did I say I had—she did not say I was merry—I did not say I would kick up a d—good row, if any thing was said to me—my brother had a prosecution here last January—it was not for stabbing—I am not aware that the prisoner's husband had the police called in—I do not know who called the policeman—Mrs. Isaac Day was there—she did not say, when I said I was stabbed, "It must have been done by that d—French b—"—none of us attempted to do any thing to the prisoner's husband—I did not see my brother push him against the engine—I heard no ill language used by Mr. or Mrs. Day—I did not use any ill expressions, nor did they in my presence—the prisoner's husband was not in the cellar when the row began—he did not come up out of the cellar—I do not know any one named Blake—I had been living at that house before—I do not know Fitzgerald—Mrs. Field was landlady of the house before the prisoner's husband took possession—(Elizabeth Fitzgerald was here called in)—I have seen her before, but did not know her name—she had lived in the house about a fortnight, while I was there, but I never heard her name mentioned—she was assisting Mrs. Field—I was assisting as well—I did not dine at the same table with her—the prisoner's husband did not get over the bar-parlour to save his wife from me—there is not a word of truth in it—there was no ill language used by our party, that I heard—it might have been used after I was stabbed.

ISAAC DAT . I left the house at seven o'clock, and returned about half-past eight, to get the key—as soon as I entered the passage with my wife and brother, I beard the prisoner call me a d—rogue, and my wife a w—e—I was in the passage, and they were in the parlour adjoining—the prisoner thought we had left the house for the night—it was the conversation in the room, and I overheard it—my wife heard it as well, and said she would go in and ask why she made so free with our names, thinking we were gone—she went in to demand an explanation—we were in the passage, but it forms a double house—we went into the front parlour, where the parties were—my wife went into the room; I did not go in myself, but stood outside by the threshold of the door, so that I could see and hear all that went on—I heard her ask her why she made so free with our names—she immediately said to her husband, Turn the d—b—out"—my brother was in the room, and he said, "No, you are not going to do that," and stepped in between them—I heard the prisoner say, "Oh, I know how to serve you English b—s out"—she is a foreigner—I then saw her make up to my brother, and make a thrust at him—I had not done any thing to her husband previously—my brother immediately exclaimed he was stabbed—I bad not approached her husband, to take my wife out, before she approached my brother—I then went into the parlour—my

brother was then out, standing in the bar, holding his stomach—the bar-parlour and the bar are together—the bar is outermost—the parlour is a sitting-room in the bar—my brother was coming out of the parlour, holding his stomach, when he said he was stabbed—he repeated it two or three times—I was then about going in, when the prisoner's husband prevented I me—he began pushing me away from going in—I was then at the door—I did not gain admittance—as soon as the prisoner saw me she said, "Yes, you b—, and I will serve you out too"—she went back to the mantel-piece, got a large cob-shell, and made a blow at me with it—I fell back wards, and avoided it—as soon as that was over I ran for medical attendance directly for my brother—as soon as I came back the prisoner said, "I have done it, can I settle it?"

Cross-examined. Q. Who was present when she said she had done it? A. The police officer was in the house—I do not know whether he heard it—I did not notice at the time who was present—I have always said, she said she had done it—the policeman was in the room—I heard her say to the policeman that she had done it—I cannot say whether he heard it, he was in the room—I did not hear her say any thing to the policeman at that time, I did afterwards—the policeman did not ask her in the parlour whether she had stabbed the man, and she did not say in the parlour that she struck him with a shell which she had in her hand—she said she had struck at him with a shell, but not in the parlour, for she was outside—she said she had committed the act—I did not see what instrument it was done with—when she was brought out, and stood by the door, she said, "I have done it, I did it with a shell"—I cannot undertake to say that the policeman used the word "stab" to her—after my brother was stabbed her husband pushed against me, and I pushed him against the engine—I have never said I did it before my brother was stabbed—(looking at his deposition)—this is my handwriting—it was read over to me before I signed it.—(The witness's deposition being read, contained the following expression—"My wife, my brother, and myself then went into the parlour to demand an explanation," &c.—I pushed the prisoner's husband—he went up against the engine—then the prisoner said, "I will serve you English b—s out"—she immediately went towards my brother, and he said, "I am stabbed")—when I was giving evidence I made a little error, which was altered—I began stating the first part over—my brother was stabbed previous to my pushing the prisoner's husband against the engine—I stood at the threshold of the door, close to the room—none of our party used any bad language—I heard nothing of the sort—Mrs. Day was in the room when my brother said he was stabbed, and my brother stepped in to prevent her being put out.

LUCY DAY . On the 9th of February I returned to the house with my husband and brother-in-law in the evening—I overheard the prisoner say Mrs. Day was a d—w—, and her husband was a d—rogue—I went in to ask her for an explanation—I said, "What have you to say of me, ma'am?"—she directly called to her husband, and said, "Turn the d—b—out"—he came and took hold of me by the shoulders—my brother then came in, and said, "You must not turn her out in that manner," and about a minute after that he exclaimed, "Oh, I am stabbed!"—I came round, and saw the blood issuing from the wound at the lower part of the belly—my husband then went in, and the prisoner made an attempt to strike him on the head with a shell,

but he avoided the blow—she had the shell in her hand—my husband was only at the door till my brother was struck—he gave the prisoner's husband one push after my brother was stabbed, and pushed him against the engine.

Cross-examined. Q. Had you not been turned out of the room before your brother said he was stabbed? A. No—he said I should not be turned out in that way, and came to my assistance—I was not turned out—I did not hear my brother say in about a minute or two after that, that he was stabbed—(looking at her deposition)—this is my name and hand-writing—(The witness's deposition being read, stated—"I was turned out, and in about a minute or two afterwards I heard my brother say he had been stabbed.")—After my brother was stabbed I was turned out—I was not turned out, I walked out—I did not make use of any expression with the word "French" in it—I was there when the policeman came—I cannot say who sent for him—I believe my husband called the police, and her husband too—I did not hear any pane of glass broken.

HENRY JULIAN . I am surgeon at King's College Hospital, in Portugal-street. On the 9th of February the prosecutor was brought to the College—I examined him partially, quite sufficient to put him under proper treatment—I saw he was wounded dangerously—it appeared to be a punctured wound, but I did not probe it—there was the appearance of a wound in the lower part of the belly, about three-quarters of an inch long—it appeared to have been inflicted by some kind of a knife—it had been dressed previously.

WILLIAM ALONZO THOMPSON . I live in Tavistock-street, Covent-garden. I was called to the Red Lion public-house in Houghton-street, to see the prosecutor—I examined him, and found a wound in the lower part of his belly, and a portion of the omentum had escaped, which covers the intestine as an apron—part of it protruded from the wound—I cut it off—I could have replaced it, but there was more risk in replacing it than in cutting it off—it is frequently cut off—had I probed the wound, it might have brought on inflammation of the peretoneum—I consider there was more risk in returning it than in cutting it off—I brought the edges of the wound together, with a view of their healing by the first intention—I secured it with strapping, and he was removed to the hospital—it must have been done by a cutting instrument—it appeared to me to be dangerous—I apprehended a wound of the bowel or bladder, which might have terminated in mortification—this shell could not have inflicted the wound.

SAMUEL PIDDOCK . I live at Mr. Roper's, a pastrycook in Lamb's Conduit-street. I was at the Red Lion public-house, and let Day and his wife and brother in, about half-past eight or nine o'clock—I heard the prisoner say something about Mr. Day, I believe they called him a d—scoundrel, and his wife a w—the prisoner was speaking to a party in the room—Mrs. Day went to the threshold of the door, and told her to say any thing she had to say to her face—she directly said, "Turn that d—b—out"—the husband went to do it, and Day said, "You shall not do that"—a quarrel ensued, and he was stabbed—he called out that he was stabbed—I took him into the parlour, and a doctor was sent for—I saw the prisoner's hand in the act of plunging towards the prosecutor, in the direction where he afterwards complained of the wound—I caught hold of him, and saw the entrails or something hanging out, and a quantity of blood running from him—the trowsers were cut.

Cross-examined. Q. Did the entrails come out through his clothes? A. No, I undid his clothes—none of the Day's went into the parlour, but into the bar—they were at the threshold of the door—Mrs. Day did not go into the parlour—I used the word har-parlour before the Magistrate, but not "going into it"—the prisoner got off the stool she was on, and her husband got up to put Mrs. Day away—they all got quarrelling together—I could not see any thing in the prisoner's hand, when she made the plunge—I did not see whether she had any thing or not—I did not hear any glass smash.

JURY. Q. What division is there between the parlour and the bar? A. They came in at the private door, which I opened, and then you have to go up a few stairs to the left—they went into the bar—the bar parlour is within the bar—the door is inside the bar.

WILLIAM EDGAR (police-constable F 134.) On the 9th of February I was called to the Red Lion—I got there about half-past eight o'clock, and found the place all in confusion, as if from a quarrel—Thomas Day came to me first, and said he was stabbed—I asked where, and saw a wound in the lower part of his belly, and something protruded from it—his trowsers were open, but not down—he pointed out the prisoner as the person who had stabbed him—she was standing in the parlour, or near the threshold, dividing the parlour from the bar, but more in the parlour—she had a shell in her band at the time—I went in, and asked her, had she stabbed the prosecutor—she said no, "I have struck at him with the shell"—I took it from her, and brought her away in about an hour—I found no knife—a surgeon was fetched—while the doctor was doing something to the wound, the prisoner was looking on—she sat down on a form, and said, Could it not be settled by money, she would rather give any sum than be taken into custody—I have the prosecutor's trowsers here—there is a cut in the right-hand side, by the belly.

Cross-examined. Q. Was Thomas Day with you in the room, when the prisoner was there? A. He was, when I proceeded to the parlour—I said to the prisoner, "Did you stab him?" she said, "No, I struck at him with this shell"—Thomas Day was by her side at that time—the prisoner did not go out of my sight at all—she went to the water-closet, and I accompanied her there—she never left my sight—I searched the parlour and bar, as well I could, but I never left the prisoner—she might have thrown a knife into the water-closet without my seeing her—she said she was very bad—I said, "Give me that knife you stabbed the prosecutor with, before you go there"—she said, "I have no knife, you are welcome to search me," but I did not—I saw her on the seat of the water-closet—she had an opportunity of dropping any thing down—she said she could not wait for a female to be sent for to search her.


ELIZABETH FITZGERALD . I am a widow. I was working for Mrs. Field, who formerly kept this house, for about a fortnight or ten days—the pot-boy was in the house at the time, sleeping there with the prosecutor—he saw me every day—he has heard my name mentioned, and has called me by my name, Mrs. Fitzgerald—I was called Mrs. Fitzgerald in the house—about seven o'clock on the evening in question, I saw the prosecutor—when he came in, I called to him, to ask him to ask Mrs. Field, the former landlady, to come up to tea—he came into the room where I was, the front room second floor—this was between seven and eight o'clock—I remarked to him that he was rather intoxicated—he said that he was for

a good row that night, that he was going out, and if the landlord did no let him in, he should go down and kick up a good row, and more drink I he would have—soon after he went down stain, I heard a noise, and "Police," called—I went down stairs and saw them all in confusion, all fighting together—I saw the landlord's hat knocked off, I did not see who by—I heard the prosecutor call the prisoner a French b—and her husband a rogue, and he tucked up his coat sleeves and challenged him to fight—I did not observe whether he struck any blow, but I saw him rush towards the prisoner and her husband—the prisoner's husband desired him to be quiet, and if they had any thing to say or do, to come the next day—I saw the pot-boy there—they were all in a fighting attitude together—the pot-boy was fighting, and the prosecutor, his brother and his wife—I do not know who the pot-boy was going to fight, I suppose with the landlord, he was near him—they were all close together, close by the inner door in the tap-room—a pane of glass was broken in the bar-door—a few minutes after I saw the prosecutor come through the bar, he walked round the counter of the bar, pat his hand to his side, and said, "I am stabbed"—I heard Mrs. Day call the prisoner "A French b—," several times, and she said she should like to see her twitted—I did not see any knife or weapon in any body's hand—after the prisoner was taken away, and the prosecutor taken to the hospital, Mrs. Day remained in the house—the landlord requested her to leave—she said she would not, she would go when she liked—she had never lived in the house while I was there—neither she or her husband used to sleep there.

COURT. Q. You were not there when the prisoner called Mrs. Day a w—, and her husband a rogue? A. I was there at the time, and I say positively the words were not made use of to my hearing—every thing was in confusion when I went down—it was all quiet when I had gone up stairs—what happened before I came down I cannot tell—I saw no stabbing—I do not believe he was stabbed—I saw no one stab him or come near him— unless he did it himself there was no means by which he could have done it— there was nothing done in my presence—there was no knife.

WILLIAM BLAKE . I am a carpenter, and live in Union-street, Southwark. I was in the tap-room of this house on the night in question, and saw the Days there—they left the house between seven and eight o'clock, and returned between eight and nine—Mrs. Isaac Day was the first person I saw—the prisoner asked how she got into the house, and what she wanted—she made answer that she did not want any thing herself, but she understood the prisoner had something to say to her—the prisoner immediately replied that she had not, and the sooner she left the house the better, she took the candlestick off the mantel-piece with the intent, as I suppose, to light her to the door—I looked out at the tap-room door into the bar, and the two Days were there it the bar-door—the prisoner's husband I believe was below in the cellar, because I saw him come up the cellar stairs—he asked what was the matter—all the three Days were standing there at the time—the prisoner said, "Here are these rogues and thieves, they have broken into the house, and want to rob us"—the prosecutor immediately made a rush towards the prisoner—her husband immediately prevented him, and then a general scuffle ensued between Mrs. Day, the two brothers, and the prisoner's husband—the prisoner was not exactly in the scuffles, she was in the bar—the prosecutor did not reach her when he made the rush at her, the bar-door was between them—the prisoner's husband

told me to go for a policeman—I was gone about three minutes—immediately the policeman entered the door, Isaac Day came forward, and gave the prisoner in charge for stabbing his brother.

COURT. Q. Did you overhear what the prisoner was saying just at the time the prosecutor came to the house? A. No—I was talking to another person in the tap-room.

RICHARD PERRY . I am a bricklayer. I was in the tap-room on the evening in question, about four o'clock—I saw the Days when they left the house—they came back again, but I do not know the hour, perhaps about half-past eight or nine o'clock—I first saw Mrs. Day standing before the bar—the prisoner said to her, "How came you here?"—she said, "I understand you have got something to say to me"—she said, "No, I have not got any thing to say, you had better be off out of the place"—the two Days then came forward—Mr. Hedditch was coming out of the cellar at the same time, and they began with him—I could see from the tap-room into the bar, and hear too—there is a door leading out of the bar into the tap-room as well as the side door—I was nearest the glass door leading from the tap-room to the bar—when Mr. Hedditch came up he said, "What is the matter? is any thing the matter? if there is, for God's sake come to-morrow, and we will settle it"—the prisoner said something about their coming there to rob the house—upon which Isaac Day knocked Mr. Hedditch's hat off—I did not see this from the tap-room—I came out when the scuffle began—I think it was Thomas Day knocked Mr. Hedditch's hat off—he turned up his sleeves, and wanted Mr. Hedditch to go and fight with him, and somehow or other Mr. Hedditch's hat got knocked off—he wanted to have nothing to do with them, and Mrs. Day got into the bar to go to the prisoner—Mr. Hedditch jumped over the bar to keep them back, and he said to Blake, "You go and fetch a policeman"—then they came so very strong, (Isaac and Thomas Day,) and began to beat Mr. Hedditch and fight him, and a square of glass was broken in the bar-door as he fell back—they were both at Mr. Hedditch at that time—he was between the two Days and the door, to keep his wife back, and the glass was broken at the time he felt himself stabbed—I did not see any instrument in the prisoner's hand—I did not see any knife—I never went out of the place till the policeman came.

COURT. Q. Did you hear the prosecutor complain that he was stabbed? A. Yes—directly after the glass was broken he fell back—he fell right away from the prisoner—both the brothers were together, all in a scuffle together.

Q. Do you mean to suggest it was done with the glass? A. I do not know, but it was done at the time the glass was broken—the prisoner was in the tap-room—I cannot say how near she was to the prosecutor at the time—there were three of them between me.

MR. PHILLIPS. Q. Between you and the prisoner were the two Days? A. Yes, attacking Mr. Hedditch—I did not see who broke the glass—the prisoner was in the tap-room, and her husband in the bar—she was nearer to the Days than he was—the door of which the glass was broken leads out or the bar into the tap-room—Mr. Hedditch was in the bar, and both the Days—the prisoner was in the bar, but at the time this was done she was in the tap-room—I cannot say how near she was to him when he said he was stabbed, because there was Mr. Hedditch and the two Days between me—I cannot tell whether she was close to him or not.

COURT. Q. Did you hear her say any thing? A. No—I was close to them—Mr. Hedditch took hold of Mrs. Day's shoulders to put her out—that was before the policeman was sent for—he made a push to push her away, that was by his wife's orders—she said something about putting them out—she did say "Put them out," and he put his hand on Mrs. Day's shoulders—the prosecutor then stepped forward, and said, "You shan't put her out so"—the prisoner did not then come up to the prosecutor—she never came out of the tap-room, further than the door—she was not in the room with the prosecutor—she was in the tap-room with me—she just came into the bar, and told her to walk out—she did not come out of the bar—she walked into the tap-room again—Mrs. Day was coming down to her at the time Mr. Hedditch laid hold of Mrs. Day's shoulders, and the prosecutor got between them—the prisoner came out of the tap-room into the bar—she might have said, "Turn the d—d b—out"—I did not hear her—I did not see her rush towards the prosecutor—she was coming out, and Mr. Hedditch got in between them to keep her from coming out of the tap-room—she did not come out—she kept in the tap-room till the policeman was sent for—I did not see her come out—she just came out of the door, but not to come out into the bar—there are only two rooms—not a tap-room, bar and bar-parlour.

(The prisoner received a good character.)

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

1st March 1841
Reference Numbert18410301-939
VerdictsNot Guilty > unknown

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939. JAMES MCCARTHY was indicted for stealing, on the 5th of February, 2 muffs, value 2l. 8s.; the goods of Charles Lutge; and JOHN MCCARTHY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute,&c.: also, as an accessory alter the fact.

MR. CLARKSON conducted the Prosecution.

ELIZABETH LUTGE . I am the wife of Charles Lutge, a furrier, in Newgate-street. On the 5th of February, a man (neither of the prisoners) scame to our shop to see some furs—he selected two muffs, which were to be sent to No. 14, Queenhithe, on approbation—I sent them by Barber, our porter, and told him not to leave them without the money—I never intended to pan with the goods except on the receipt of the money.

Cross-examined by MR. JONES. Q. Did you also send an invoice and receipt? A. I did—the porter returned in about half an hout without the goods—next morning I scolded him for leaving them without the money—I did not send him back again that evening—Mr. Lutge sent him next morning.

CHARLES LUTGE . I was present when my wife sent the muffs—I told the porter not to leave them without "the money—he was to bring back the goods or the money—I have since made repeated applications for the goods or money—I have sent at least every day, three or four times.

Cross-examined. Q. Did you send'the porter back again that evening? A. No, as he said Mr. M'Carthy was gone into the country—I sent him next morning—I was not present when the muffs were ordered—I understood they were to be sent for the inspection of the daughters—I have seen the prisoner's daughters—I afterwards sent some shawls on the 9th, and sent an invoice with them, including the muffs in the receipt—I never saw either of the muffs in possession of any female afterwards.

MR. CLARKSON. Q. Did you ever intend to part with your property unless you received the money for it? A. Never—I did not mean the

porter to part with them at all without bringing the money—the second day I went three times to the house, but there was always some excuse that Mr. M'Carthy was at the Docks, or in the country—on the Monday following the younger prisoner called to say if I sent two shawls, he would send the money for both.

HENRY BARBER . I am porter in the prosecutor's service. I was directed to take two muffs to Mr. M'Carthy, No. 14, Queenhithe, and not to leave them without the money—I took a bill with me, receipted—I saw the younger prisoner, and asked if that was Mr. M'Carthy's—he said, "Yes"—I said I had brought two muffs, and I was not to leave them without the money—he said Mr. M'Carthy was not at home, nor any of his clerks, and he could not pay me—he said it was all right—I asked what time I should come again—he said, "Next morning"—I asked what time—he said, "Between ten and eleven o'clock," and I left them with him; I went again next morning between ten and eleven, and saw the younger prisoner—he said Mr. M'Carthy was not at home—J asked when he would be at home—he said, in the afternoon—I asked what time—he said, about Your o'clock—I went at four, saw the younger prisoner, and asked if Mr. M'Carthy was at home—he said "Yes," and told a boy standing by to go and fetch father—the boy went, and came back with a man, (not the elder prisoner)—the younger prisoner was by when the man came—the man said it was all right, and the reason why he did not call was because he had been so busy down at the Docks; but he wanted some more little things, and he would call on Monday, as he drove by the door every morning—I then came away.

Cross-examined. Q. How many times did you go there after you left the goods? A. Two or three—I left the goods, seeing it was a respectable place, and thinking it was all right.

COURT. Q. The younger prisoner did not ask you to leave them? A. I do not know whether he did—he said it was all right.

JOHN PAWLEY . I am shopman to Mr. Attenborougb, a pawnbroker in Crown-street, Finsbury. On the 17th of February this muff was pawned, with a fur cape, for 1l. 5s., to the best of my belief by the elder prisoner, in the name of William Carter, No. 117, Fenchurch-street.

Cross-examined. Q. You are not positive of him? A. I would not swear to him'—I think it was pledged between ten and twelve o'clock in the morning—I am sure it was a man that pawned them; and to the best of my belief it was the elder prisoner.

MR. LUTGE re-examined. This is my muff.

Cross-examined. Q. Is there any particular mark on it, by which you know it? A. No; but I know it by the style, the skins, the make, and the whole finish of it—I could pick it out from a hundred.

JOHN THOMAS COX . I am a book keeper, and occupy No. 14, Queen-hithe. In July last I let the ground-floor to the elder prisoner—he represented himself as a wine and general merchant—he took possession on the 6th or 8th of July—he was accompanied by the younger prisoner, whom he called his clerk; but the younger prisoner called him his father—there have never been any wines there, unless a bottle or two—there were a few old bottles left.

Cross-examined. Q. Did he pay you the rent up to Michaelmas? A. He did—the desks were my own—it was furnished as a counting-house—the prisoner put down an oil-cloth—it is a respectable looking house.

COURT. Q. Has he paid the rent since Michaelmas? A. No.

HENRY LOVETT (City police-constable, No. 611.) I took the younger prisoner on another charge, and took him to the station—I asked him what he was—he said he was in partnership with his father.

Cross-examined. Q. Did you take him on Mr. Cox's charge, for taking a stool away from the counting-house? A. Yes—he abandoned that charge, and then Mr. Lutge was sent for.

ELIAS MILLER (City police-constable, No. 408.) I saw the elder prisoner in the Poultry, on the 18th of February, in care of another officer—in consequence of information I had received, I followed him to the justice-room, and he was there taken into custody on this charge.

Cross-examined. Q. Was he in charge of the other policeman for having been drunk the night before? A. Yes.


1st March 1841
Reference Numbert18410301-940
VerdictsNot Guilty > no evidence

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940. JAMES MCCARTHY was again indicted for stealing, on the 9th of February, 2 shawls, value 7l. 4s., the goods of Charles Lutge; and JOHN MCCARTHY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.,: also, as being an accessory after the fact; upon which no evidence was offered.


1st March 1841
Reference Numbert18410301-941
VerdictNot Guilty > unknown

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941. GEORGE TRAVELL was indicted for stealing, on the 1st of March, 1 coat, value 20s., the goods of Thomas Vesper, his master.

MR. JONES conducted the Prosecution.

THOMAS VESPER . I am a pawnbroker, and live in Sydney-place, Commercial. The prisoner was in my service as salesman, for about six or seven months—I had told him, two months before I charged him with this, that I did not require his services, and he might look out for another situation—he had several times been out for that purpose—in consequence of information on Tuesday evening, I sent one of my boys to Ray's coffee-shop, and he brought hack the coat and waistcoat now produced—this coat is mine, and had been in my shop for sale—the selling price would be about 30s.—it cost me 1l. 6s.—after I had got the coat back, the prisoner came to me, and said he had come to explain about a coat which I had sent up to his lodging for—I said nothing to him, but gave him into custody immediately, as the officer was there, and my shop was crowded with people, I was obliged to send him away—I had never sold him the coat, nor had he ever asked me to sell it him—to the best of my belief it has never been sold out of my shop—I have never received the money for it—if the prisoner received money, it was his duty to give it to me or to my foreman—he had no authority to put it into the till—he said before the Magistrate, if I produced my sale-book and a satin waistcoat, he could show he had paid for the coat; and he pointed to an entry in the book—I have it here—here is entered, "Coat, cost 1l., sold for 1l. 1s."—that does not refer to the coat produced—I do not myself know what coat it refers to.

Cross-examined by MR. PAYNE. Q. Are you sure that particular coat cost 1l. 6s.? A. Yes—here is my private mark—there is no mark of the prisoner's in it—I did not miss it till it was brought to me from the coffee-shop—I had not seen it since the early part of November last—I will swear I saw it at my sale, which was somewhere about that time—to the best of my belief I never saw this coat on the prisoner—I will not swear I have not—at the time I engaged the prisoner, I told him he was to sell the goods for what he considered the fair value of them—in some cases we do not get as much as we give—here is an entry of a coat which cost 1l.; sold for 1l. 1s.; but that cannot refer to this coat—the cost price should always be entered in the sale-book—if this coat was sold for a guinea, it should be

entered, "cost 1l. 6s., sold for 1l. 1s."—the prisoner was going to explain how he came by it, I did not hear him, but gave him into custody— perhaps I was a little out of temper about it, being convinced I was wronged—I gave him no opportunity of explaining about it—he might not have intended to defraud me, but I am rather doubtful of it—it is possible he might have taken the coat, neglected to enter it, and not have paid for it—I had no reason to suspect his honesty before—he stated that the waistcoat, valued at 5s., was given in, which made 1l. 6s

GEORGE HORNE . I am foreman to the prosecutor. I know this coat belongs to his stock—about two months ago the prisoner brought it to me, said it fitted him, and asked what would be the price of it—he said he would not mind giving 30s. for it—I told him to speak to Mr. Vesper about it—he never said any thing about it to me afterwards—the coat cost 1l. 6s. at our sale—I am confident it has never been sold from our shop—the prisoner never told me he had bought it, or that he wished to make any entry about it—if he had bought it, it was his duty to tell me or my master of it.

Cross-examined. Q. Did you ever have any quarrel with the prisoner? A. Never; quite the reverse—he had spoken to me about one or two things in the stock before, and I gave him leave to take them—he never had credit for any thing without first mentioning it to me or my master—I have seen this waistcoat—the prisoner was indebted to the stock at that time—he bad no wages due to him.

MR. JONES. Q. Did you ever see him wear the coat? A. No—the young men at Mr. Vesper's dressed in the house—I have dressed there for eight years—the prisoner had the same opportunity that I had.

GEORGE SPENCER . I am errand-boy to Mr. Vesper. The day before the prisoner was taken into custody, he asked me to take something for him to Ray's coffee-shop, and told me to be sure and make haste—it was wrapped up in a handkerchief—he did not say what it was—I took it to Ray's, and brought back a green coat—I afterwards told Mr. Vesper, and he sent me for the same parcel which I had taken there on Monday morning—I got a parcel from Ray, but it was not wrapped up in the same handkerchief—I gave it to my master—I saw him open it, and there was this coat and waistcoat in it.

GEORGE RAY . I keep a coffee-shop in the Commercial, about twenty doors from Mr. Vesper's—the prisoner lodged with me from August till January—he then went to reside in his master's house, and used to come every Sunday morning to dress—I have seen him with a coat of this colour and description of button—I cannot swear it is the coat, but I believe it to be—Spencer came to me on Monday morning with a parcel, which I took of him—I did not see what was in it—I threw it on the banisters where the prisoner's clothing was usually kept, since he left lodging at my house, as he had no room—it remained on the banisters till about ten o'clock, when he came in and went up stairs—I did not follow him up, and do not know what he did with the parcel—next day when the boy came for the parcel, I took this coat and waistcoat which I found thrown over the banisters, supposing it to be the coat he had brought—I wrapped it up in a handkerchief with the waistcoat, and gave it to the boy—the prisoner afterwards came and asked whether Mr. Vesper had sent here for him—J said, Yes, there had been a fine fuss about a coat, and Mr. Vesper had got it—he said, "I will soon see about it," and flew out of the house down to his employers.


1st March 1841
Reference Numbert18410301-942
VerdictGuilty > pleaded guilty; Guilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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942. WILLIAM HUMPHREYS, THOMAS REECE , and ELIZA PEAK were indicted for breaking and entering the dwelling-house of William Perks, on the 10th of February, and stealing therein, 22 sheroots, value 2s. 3d.; and 1 cigar case, value;6d., his property: to which

REECE pleaded GUILTY . Aged 17.— Confined Six Months.

WILLIAM PERKS . I am a tobacconist in Kingsland-road, in the parish of St. Leonard, Shoreditch. On the night of the 10th of February, I was called out of my parlour by a neighbour, and missed from the window two bundles of sheroots and a cigar-case—the square of glass they were taken from, had previously been broken, but not enough for a hand to be put in—I had put a piece of board against it—I found it broken sufficiently to put a hand in, and some broken pieces of glass were found under the window—the board was removed—I had seen the sheroots safe about half an hour before—while I was noticing the state of the window, Kemp brought Humphreys and Peak to me—I followed them to the station shortly after, and there saw the cigar-case and sheroots.

GEORGE KEMP (police-constable N 82.) I was on duty in plain clothes in Hackney-road, about five o'clock on the evening in question, and saw the prisoners Reece, Humphreys, and another lad they call Tom, in company together—I watched them and saw them join in company, with Peak—I saw Reece go into a leather-cutter's shop, kept by one Ware—the others waited outside—he came out again, went and spoke to the others, and went in again—I afterwards saw the three prisoners at the prosecutor's shop—Peak stood with her back to the prosecutor's window, holding her cloak on one side, so that the other prisoners should not be perceived—Humphreys was standing alongside her, and Reece alongside of him—I passed and saw a bradawl in Humphreys' hand—I then crossed, and went into a shop on the opposite side of the way—I saw Humphreys' hand at the window—after watching about half-an-hour I saw all three walk away together—I laid hold of Humphreys, and Peak and Reece ran away—Humphreys dropped this bradawl, which they had bought at Ware's shop, for I went there and inquired—I found nothing on the prisoners—I found marks on the prosecutor's window made by a bradawl, or some such instrument—I found some pieces of glass on the ground.

ROBERT DAVIS (police-constable N 169.) I saw Kemp apprehend Humphreys and Peak—Reece ran away—I went after him, and when I got up to him he was on the ground, in the custody of Saunders—I looked on the ground and saw a bundle of cigars lying by the side of him—I took him to the station, and saw this cigar-case and two sheroots taken from his pocket.

WILLIAM SAUNDERS (police-constable N 170.) I was on duty in Hoxton, and heard a cry of "Stop thief," in Edward-street—I saw Reece running—I was standing in a dark place—he ran against me and fell—on lifting him up he took something from his pocket—I could not exactly tell what it was—Davis picked up some cigars—at the station I found on him this cigar-case and two sheroots.

WILLIAM PERKS re-examined. I know this case to be mine by a mark on it—I missed just the quantity of sheroots that were found.

(Humphreys and Reece received good characters.)



Confined six months.

Fourth Jury, before Mr. Sergeant Arabin.

1st March 1841
Reference Numbert18410301-943
VerdictGuilty > unknown

Related Material

943. WILLIAM RUSSELL was indicted for breaking and entering the dwelling-house of William Maunder, at St. James, Clerkenwell, on the 13th of December, and stealing therein, 17 spoons, value 9l.; 1 fruit-knife, value 8s.; 1 cream-jug, value 1l. 10s.; 1 buckle, value 3s.; 1 pencil-case, value 6s.; 1 necklace, value 12s.; 2 pairs of ear-rings, value 8s.; 3 brooches, value 2l. 10s.; 3 rings, value 1l. 10s.; 1 pair of bracelets, value 8s.; 1 watch, value 5l.; 1 watch-key, value 10s.; 1 coat, value 2l. 10s.; 1 pair of trowsers, value 10s.; 2 seals, value 1l.; 2 gowns, value 3l. 12s.; 1 shawl, value 2l.; 3 shirts, value 1l.; 3 handkerchiefs, value 1l.; 3/4 of a yard of velvet, value 10s.; 6 sheets, value 1l.; 1 table-cloth, value 1l.; 1 veil, value 1l.; 6 sovereigns, 3 half-sovereigns, and 9 shillings; his property.

MARY MAUNDER . I am the wife of William Maunder, and live in the school-house, St. James's-walk, in the parish of St. James, Clerkenwell. On the 13th of December my husband and I went to church together, about half-past six o'clock in the evening—I fastened the house, and left the doors and all secure, and the articles stated safe—we returned from church about half-past eight, and could not get into the house—this skeleton key was in the door—my husband got in at the back, and let me in—I then missed the money and property stated—some had been locked up in a drawer, which was broken open—in consequence of information, I afterwards went to Featherstone-street station—I do not remember the day, it was in the early part of February—I there saw a lace veil, which I had not missed before—I knew it immediately my attention was brought to it—I also saw some shirts which were produced by the pawnbroker—those now produced are them—here is my own needle-work in them—this lace veil is also mine, and this hair-guard, silver tooth-pick, and little coin—they were all safe in the house when I went to church—I had left all the doors fastened, and bolted with two bolts—we came out at the front-door, and locked that after us.

WILLIAM MAUNDER . I went to church with my wife—we returned home about half-past eight o'clock—I got in, and found the side front-door open, and the passage door also—I had left the fastening of the doors to Mrs. Maunder—I had gone to church about ten minutes before her—I lighted a candle, and found the articles stated gone—I know they were perfectly safe before I went out—the articles produced are my property.

Cross-examined. Q. Do you occupy the whole house? A. Yes—it is a school-house—it belongs to the parish, and is engaged for the Sunday-school, and sometimes there are a few committees—I am the writing-master—these things were taken from our bed-room—no one but myself and wife sleeps in the house—I do not pay any rent—the house joins the school, which is at the back—we reside there, and are engaged by the committee to superintend.

EBENEZER SEABRIGHT . I am a pawnbroker, and live in Old-street. I produce a necklace, pawned on the 8th of January, by a female, in the name of Ann Thompson, but I believe her name is Russell.

Cross-examined. Q. Did you know her before? A. Yes—she always went by the name of Thompson, but I heard her name was Russell at the office.

JAMES BRENNAN (police-sergeant G 20.) I took the prisoner into custody on the 1st of February, on another charge, in a house in Pear Tree-court, Brick-lane—I saw Redmond find in the room the property which has been produced—I found a pocket-book in the prisoner's coat pocket, containing twenty-three duplicates, one dated the 20th of January, for a pair

of sheets, 5s., at Mr. Wood's, in Goswell-street; another, dated January 8th, for a necklace, 3s., at Mr. Hawes's, in Old-street—I went to those shops, and found the articles, which Mrs. Maunder has identified.

Cross-examined. Q. What time was it you went to this house? A. About half-past seven o'clock in the morning—I know it was his lodging, by watching him in there, and by seeing the woman he cohabits with, shake a mat at the door the day previous—I know he cohabits with that woman by seeing them together frequently—I did not find him in bed with her—he was standing behind the door when he opened it—he must have got out of bed to do it—I had been watching him for some considerable time.

HENRY REDMOND . I am a policeman. I went with Brennan, and found the prisoner in his night-clothes—Brennan told him he wanted him, as he considered he had committed a robbery—he took a skeleton key from the mantel-piece, and said, "Halloo, Mr. Russell, what do you call this?"—he said, "it is nothing, you will find more of them—Brennan then went to a table, and asked what was in the drawer—he said, "Nothing yon will find nothing there"—Brennan insisted on breaking it open—he broke it open with a knife, and took out another skeleton key—I found this little box on the mantel-piece, containing this coin, toothpick, and hair-guard—in a cupboard I found this dark lantern in a small bag behind a looking-glass;—on the table I found this bunch of skeleton keys, and in a small box by the side of the bed I found a black silk mask, which is used to go over the face—I have also a number of other skeleton key, which Brennan took from a bag, and two crow-bars—part of these keys were in a coal cupboard.

Cross-examined. Q. I suppose you expected to find all these when you went there? A. Not to many as these—after finding one on the mantel-piece was suspected there were others—I never saw the prisoner in the house except that morning.

JOSEPH JOHN WOOD . I am a pawnbroker, in Goswell-street. I have produced a pair of sheets, pledged by a female, on the 20th of January.

GUILTY . Aged 48.— Transported for Fifteen Years.

(There was another indictment against the prisoner.)

1st March 1841
Reference Numbert18410301-944
VerdictNot Guilty > unknown

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944. CHARLES WILLIAM KEMBLE was indicted for stealing, on the 26th of February, 1 clock, value 4l.; 1 box, value 3l.; and 140 card-counters, value 5l.; the goods of Henry Benthall, in his dwelling-house.

JANE WOODMAN . I am servant to Henry Benthall, a ceal and wine-merchant, of No. 18, Cecil-street, Strand. On the 26th of February, between seven and eight o'clock in the morning, I missed the articles stated—I was about my work, and left the street door for about two minutes—the clock was taken from the mantel-piece in the back parlour, and the card-counters from the front parlour—I cannot say how many were gone, but there was a good many.

Cross-examined by MR. PAYNE. Q. Did you leave the street door open? A. Yes, for about two minutes, to go down into the kitchen—the counters were in the box, with a pack of cards—I had seen the clock safe at seven o'clock.

HENRY BENTHALL . My servant came up to my bed-room, and informed me of the robbery—I went down, and missed the articles stated—I gave information at Bow-street, and last Friday week I saw and identified some of the article—here is one counter, which has my crest upon

it—my brother brought me a papier macho case, containing counters, from China—each counter was marked with a Chinese device, and engraved with my crest—I should not like to swear to such articles as these, although I have a clear conviction they are my property—the clock has never been found, nor the box—I am certain this counter is one that I lost, by my, crest being upon it.

Cross-examined. Q. That is the only thing you positively know? A. The only thing I wish to swear to positively—these bone counters I do not swear to.

JOHN KIRKMAN . I am a policeman. On the 26th of February, in consequence of information, I went about two o'clock in the morning to No. 15, Peter-street, Saffron-hill, and went to the prisoner's room—he was in bed with two females—I told him I wanted him for a robbery, and to get up and dress himself, which he did—while he was dressing I searched the room—I found these counters on the mantel-shelf, and these four keys on the table—Cole, who was with me, also found some keys, these cards, and some files—the prisoner said, when I found the counters, that a man brought them there the morning before, while he was in bed, to leave them for two hours.

Cross-examined. Q. The counters were not concealed at all, but lying on the mantel-piece? A. Yes—he dressed himself the moment I told him.

JURY. Q. Do you know whether he lived there? A. Yes—the first time I went there I watched two women into the house—I then stopped some time, and when I found they were up stairs in bed, I went into the room—I never saw the prisoner go into that house, but I was informed he associated with the women—I believe he rented the apartment, from what I have been informed.

ROBERT COLE . I am a policeman. I went with Kirkman, and found a quantity of skeleton keys, some hid under the bed, also a quantity of files and screw-drivers—it was the prisoner's lodging.

Cross-examined. Q. Did you ever see him there before? A. No.


1st March 1841
Reference Numbert18410301-945
VerdictNot Guilty > unknown

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945. JOHN JAGER was indicted for embezzlement.

MR. BALLANTINE conducted the Prosecution.

RICHARD JAMES STAGG . I am a tobacconist in High Holborn. The prisoner was in my employ as traveller—it was his duty to collect money which might be owing to me—he never accounted to me for 2l. 2s. 9d. from George Robert Toplis and another, or for 6s. 11d. from Mr. Pike—it was his duty to account to me when he received the money.

Cross-examined by MR. CLARKSON. Q. How long have you carried on the business in Holborn? A. Nine weeks—before that, I lived in Great Newport-street, Long-acre—the out-door business has been flagging lately—the prisoner did not introduce me to the business—I was originally a bookbinder, but the house my father resided in many years was a tobacconists, and being to let, I took it to carry on the business—I knew nothing about the business at that time—I engaged the prisoner, and he got me customers—he got me all the out-door trade—the in-door trade was a good deal, but it was not large enough to carry on business—I fancied the business was increasing at that time, but it has greatly diminished of late—I have got the prisoner to put his name to accommodation paper for

me—I did not take him into custody the day a 19l. bill became due to a Loan Society—I was never a borrower from a Loan Society, nor ever tried to become so—I never commissioned the prisoner to get money, or knew of his doing it—I think I can swear that—he did put his name to a 19l. bill, which became due on the 23rd of February—it was then taken up—I cannot say when I took him into custody—I once gave him 40lbs. of cigars, told him to take a pony and cart, and ride about the country to try and sell them—he did not tell me he had sold 27lbs., and the expenses had been more than the profit—he was to spend what was requisite, there was no limited sum—I never said, when I moved into Holborn, that I thought I was able to manage the business myself now, but did not like to discharge him, for fear he should take away the connexion, nor any thing of the kind—I said nothing to him about wishing to separate from him—I had too much confidence in him at that time—he was not in the habit of handing me slips of paper—I believe he did so once, when I was particularly engaged with some friends in the parlour, and he wrote on the back of one of the tobacco-papers the different sums he had received—I cannot say whether I entered those that night or next day, I do not know which—I know Adolphus Moule—he has occasionally dealt with me—I did not tell him, after I had given the prisoner into custody, that he had received some money which he had not accounted for, but that he had informed me of it, and I had agreed to stop a certain sum out of his wages until I was paid—Mr. Moule did not call on me to ask what the prisoner had done—I have no recollection of seeing him—I never said to him, "I tell you, Mr. Moule, I was rather in an awkward situation with Jager, business has been very bad lately, and he has hardly got sufficient orders to pay his wages, therefore I did not know what to do; if I had discharged him, he would have taken all my connexion away, for many persons would give him orders that would not give me any, and I must prosecute him, or I shall lose the connexion"—I never uttered such a sentence to any body—I said at Bow-street that the prisoner had never put his name to a bill for me to my recollection—he never deducted his wages from the money he received.

GEORGE ROBERT TOPLIS . I was a customer of Mr. Staggs—I paid the prisoner 2l. 2s. 9d. on the 20th of January for his master—he receipted the bill.

Cross-examined. Q. Who introduced you to deal with Mr. Stagg? A. The prisoner—he used to call and solicit orders from me—I paid him the money on behalf of Mr. Stagg, but I knew nothing of him personally.

PAUL PIKE . I paid the prisoner 6s. 11d. on the 22nd of December, on the prosecutor's account—he gave me this receipt.

Cross-examined. Q. Were you introduced to deal with Mr. Stagg by the prisoner? A. The prisoner was the only person I dealt with.

GEORGE MARSH . I am a policeman. I took the prisoner into custody—he said nothing.


ADOLPHUS MOULE . I am a cap-maker, and live in Horton-street, Clare-market. I have been in the habit of dealing with the prosecutor while the prisoner was in his service—after he was in custody, I called at the prosecutor's shop—I asked him what the prisoner had done—he said, he had received a sum of money for which he did not account at first, but he told him a little time afterwards that he had received this money, and agreed with

Mr. Stagg that he should take off so much per week from his wages till he was paid; and afterwards Mr. Stagg said, (in confidence like, for I know him very well,) "I tell you, Mr. Moule, I was rather in an awkward situation with Jager"—I said, "How was that?"—he said, trade had been lately very bad, and Jager had not taken orders sufficient to pay his wages with, therefore he did not know what to do; if he kept him he did not want him, and if he sent him away, he would take every one of his customers away, for many customers he had called on would not give him an order, that would give Jager one; and therefore, to save himself, he must certainly transport him—I have no interest in this case, except to tell the truth—I have known the prisoner some years, and did business with him when he kept a shop in Holborn—I always thought him a very honourable young man.


1st March 1841
Reference Numbert18410301-946
VerdictNot Guilty > no evidence

Related Material

946. JOHN JAGER was again indicted for embezzlement; upon which no evidence was offered.


NEW COURT.—Monday, March 8th, 1841.

Fifth Jury, before Mr. Common Sergeant.

1st March 1841
Reference Numbert18410301-947
VerdictGuilty > pleaded guilty

Related Material

947. CHARLES CLARK was indicted for stealing, on the 26th of February, 1 umbrella, value 20s., the goods of Francis Robert Bedwell; to which he pleaded

GUILTY .— Confined One Month.

1st March 1841
Reference Numbert18410301-948
VerdictNot Guilty > no evidence

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948. DAVID HATTERSLEY was indicted for stealing, on the 11th of February, 3/4 of a pint of brandy, value 1s. 6d., the goods of Sir Felix Booth, Bart., and another, his masters.

MR. CLARKSON withdrew from the Prosecution.


1st March 1841
Reference Numbert18410301-949
VerdictGuilty > unknown; Guilty > unknown

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949. JANE TAYLOR and JAMES JOHNSON were indicted for a misdemeanor.

MESSRS. BODKIN and DOANE conducted the Prosecution.

WILLIAM HENRY SHEPPARD . I am a haberdasher, Jiving in Whitmore, Hoxton. On the 10th or February, about a quarter-past five o'clock, Taylor came into my shop for a 1d. piece of white tape, which I gave her—she gave me sixpence—I suspected it was bad—I laid it by itself in the desk, and gave her 5d., which she went away with—soon after, I took the sixpence in my hand, marked it, and put it into my pocket by itself—I then went to look after Taylor—I saw her about fifty yards off—I followed her—she joined Johnson, and they seemed in conversation—they then separated, and Taylor went into another haberdasher's, kept by Clark—I saw a policeman on the other side, and told him to take Johnson, who was four or five doors off—when Taylor went into Clark's he remained there waiting, looking into a window—I then went into Clark's shop, and told Taylor I wanted her—she said, "What for?"—I told her she must come along with me—I saw Emma Louisa Clark with a sixpence, that she was in the act of bending—she gave it me, I put it into my pocket with the other sixpence, where I had nothing else—I took Taylor into custody myself—she said she was very sorry, would I let her go that time—I took her to the station—I saw Johnson searched, and the piece of tape

I had sold to Taylor found on him—I gave the two sixpences to the constable.

EMMA LOUISA CLARK . My mother is a widow, she keeps a shop at Hoxton. About six o'clock in the evening of the 10th of February, Taylor came into the shop, and asked for a halfpenny ball of cotton—I served her—she gave me sixpence—I kept it between my finger and thumb till Sheppard came in—I had not given her any change—I had not let the sixpence go out of my hand—I gave that same sixpence to Mr. Sheppard.

Taylor. You threw it into the till. Witness. No, I did not—I was not in the act of giving you change, I was bending it on the counter.

JOHN JOHNSON (police-constable N 207.) I took Johnson—after he was in custody, he took his left hand out of his coat pocket, put something to his mouth, and swallowed it—after that, as he was going along, he had got his hand clenched, I took him into a potato-shop, and tried to get his hand open, but he got it to his mouth and swallowed something a second time—I received the two sixpences from Sheppard.

WILLIAM SAUNDERS (police-constable N 170.) I assisted to take Johnson to the station—I searched him, and found three pieces of tape and a skein of silk, two counterfeit coins, and a 1d. worth of pudding a 4d. piece, and 10 1/2 d. in halfpence—two good sixpences were found on Taylor.

Taylor. The money was passed through two or three hands. Witness. No, it was not.

MR. JOHN FIELD . I am inspector of counterfeit coin to the Mint. These are both counterfeit, and both cast in one mould.

Taylor's Defence. I did not do it.

Johnson's Defence. I had been to the Rosemary Branch public-house, and met a man—we proposed to go to the play—I came down the road, and saw a white parcel—I picked it up, and put it into my pocket—I went on,' and met Taylor—I asked where she was going—she pulled herself out of my hand, but I know nothing of her.



Confined Six Months.

1st March 1841
Reference Numbert18410301-950
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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950. ANN HARDING and SARAH FORBES were indicted for a misdemeanor.

MESSRS. BODKIN and DOANE conducted the Prosecution.

JOSEPH GLASS . I am landlord of the Dolphin public-house, Wellalley, Wapping. On the 26th of January, in the evening, the prisoners came there, and Harding called for half a quartern of gin and peppermint, it was served them—Harding threw down a bad half-crown—I came out of the parlour, and said, "That is a bad one, it won't do for me"—she gave me a good one—I said I must give her into custody—I called in a policeman—she then said she took it of a sailor, and it was a very hard case—I asked if she knew the sailor, she said she did not—I marked the half-crown, and gave it to the policeman—I declined to give them in charge—they both partook of the gin.

Cross-examined by MR. PAYNE. Q. Are you quite sure that Harding was the person? A. Yes—I had not seen her before—she remained in the place about five minutes—there was only myself, the two prisoners, and the man who served them, there.

JAMES HUNT . I am servant to Glass—I remember the prisoners

coming in—Harding asked for half a quartern of gin-and-pepperinint—she put down the half-crown—I am sure she is the person.

WILLIAM JONES (police-constable T 41.) I was called into Glaiss's shop—Glass produced this bad half-crown to me—he marked it in my presence with a knife—I found the prisoners in the shop—I asked Harding where she got it from, she said she took it of a sailor, that she was an unfortunate girl—I asked if she could point out the sailor, she said not.

WILLIAM THOMAS BUYER . I keep the Gun and Arrow public-house, at Wapping. On the 2nd of February the two prisoners came together—Forbes asked for half a quartern of gin and spruce—my wife served them—Forbes put down a bad half-crown, my wife took it up in my presence, and said it was bad—Forbes said that they had taken it for work done—I would not take it—they paid me—one had 1 1/2 d. and the other a halfpenny—I let them go—Forbes took the half-crown—I looked at it enough to satisfy myself it was bad—I followed them out, they went round by Wapping-church—they stopped there, under the lamp, three or four minutes—in two or three minutes I saw them cross over to Mr. Shaves's, the Turk's Head—I went in, and made a communication.

Cross-examined. Q. Are you quite sure Harding was one of then? A. Yes—it was a quarter past seven o'clock in the evening—I did not take the half-crown into my hand—I could see it as it laid on the counter.

CHARLES SHAVE . I keep the Turk's Head public-house, Wapping. Since this I have had the misfortune to lose my wife—she was examined at the Thames police-court.

COURT. Q. Did you attend with her? A. No.

GEORGE LEADLEY . I am clerk to the Magistrate of the Thames police-office. I took the examination of Mary Shave—she signed it—she was examined before the prisoners on oath.

Cross-examined. Q. You do not know that she was the wife of Mr. Shave? A. No.

GEORGE WM. GRAVE (police-sergeant K 11.) 1 saw Mrs. Shave at the Thames police-office—I had known her as the wife of Mr. Shave for years—(read)—"Mary Shave says, I am the wife of Charles Shave—on Tuesday night last, a little before eight o'clock, the two prisoners came in together —Harding called for half a quartern of gin and spruce—I served them with it—Harding put what I thought was a half-crown down—I put it into the till, where there were two new half-crowns—I gave her 2s. 4d. change—they went away—in a few minutes Mr. Bryer came and spoke to me—I went and looked at the half-crown, and it was bad—I marked it and gave it to Grave, the officer—I am sure it is the same—no one came in till I went to the till when Bryer came in."

GEORGE WILLIAM GRAVE (police-sergeant K 11.) I was called on the 2nd of February to assist Mr. Bryer—I went with him after the prisoners—I saw them go into Mr. Shave's, the Turk's Head public-house, about 150 yards from the Gun public-house, together—! waited outside till they came out—they then separated, and went on different sides of the street—they walked perhaps a quarter of a mile—I kept them in sight—at last Harding crossed, and joined Forbes—I went and asked them if they had been into a public-house—they both said, "No"—Harding then said, "Not lately"—I took them to Mrs. Shave, who identified them as the persons who called for the gin and spruce—Harding said, "I was not aware it was a bad one," and she offered a good half-crown—this is the half-crown I received

from Mrs. Shave—on Forbes I found six shillings and 7d. in copper, and on Harding a good half-crown and some other good money—they said I they lived in. Ratcliff-cross, which I found was not true.

MR. JOHN FIELD . I am inspector of counterfeit coin to the Mint. These half-crowns are both counterfeit.

HARDING*— GUILTY . Aged 20.— Confined Two Years.

FORBES— GUILTY . Aged 30.— Confined Six Months.

1st March 1841
Reference Numbert18410301-951
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

951. THOMAS DONOVAN and MARTIN WELSH were indicted for stealing, on the 27th of February, 250 needles, value 1s. 4d. the goods of Mary Ann Besant and another.

ELIZABETH HUXTABLE . I am shopwoman to Mary Ann Besant and another, in Oddey's-row, Islington. On the 27th of February, between twelve and one o'clock, Donovan came and asked to look at some buttons—I showed him the drawer—he looked and said they were not cheap enough for him, and asked to look at some needles, which he did—he said they would not do, they were too expensive for him—he then went out—I did not miss any needles till the policeman came, which was in about five minutes—we then saw that some were gone—these ten papers of needles I believe are my mistress's—I am sure they had been safe when Donovan was in the shop, and no one else came in.

GEORGE HAZARD (police-constable N 126.) I was on duty near the prosecutrix's shop about a quarter to one o'clock, and saw Welsh alone—Donovan came and joined him—I did not see where Donovan came from—they went on to another shop—I took Welsh) and found these ten papers of needlesson him.

CHRISTOPHER NORTH (police-sergeant If 17.) I was on duty and saw the two prisoners together a quarter before twelve o'clock.

Donovans Defence. I had been out of work, and a young man I met gave me these things to sell.

DONOVAN— GUILTY .— Confined Six Months.


1st March 1841
Reference Numbert18410301-952
VerdictNot Guilty > unknown

Related Material

952. THOMAS DONOVAN was again indicted for stealing, on the 27th of February, 116 shirt-buttons, value 1s. 6d., the goods of William Henry Green.

WILLIAM HENRY GREEN . I live in Penton-street, and am a linen-draper. On the 27th of February Donovan came to my shop about twelve o'clock at noon—he asked to look at some buttons—he did so, and went out without buying any—on the Monday following the policeman brought these buttons, which are mine—I had not missed any.

Cross-examined by MR. DOANE. Q. How many are there? A. Nine dozen and tan—I have sold as many as twelve dozen, but not at one time, and not in one week—all that I sell have the same mark on it.


(There was another indictment against Donovan.)

1st March 1841
Reference Numbert18410301-953
VerdictGuilty > with recommendation

Related Material

953. WILLIAM KEMP was indicted for stealing, on the 27th of February, libs, weight of tobacco, value 2l., the goods of the London Dock Company.

MR. BALLANTINE conducted the Prosecution.

JOHN CLEMENT . I am a constable of the London Docks. On the 27th of February the prisoner was acting as a weigher in the Customs at the dock—I saw him coming out of the gate of the dock that afternoon into

Ratcliff-highway—I said "Kemp, have you any tobacco about you?"—he said, "No, not a bit"—I said he must go back with me, and while going back—he said, "I am a ruined man, I am a done man"—I took him into the lobby, and found inside his drawers 9lbs. of leaf tobacco—I asked where he got it—he said he found it in the tobacco-warehouse, and was going to take it home—I told him he must go with me to the station, but we had scarcely got two yards when he turned and ran away—I pursued—he turned and made a blow at me—I warded it off, and closed on him—I took him to the station—he there asked to go to the water-closet—Dix went with him, and he produced 2lb. more of tobacco.

Cross-examined by MR. DOANE. Q. Had this tobacco paid duty! A. No, if it was for town trade, it would pay duty before it left the docks—the duty is upwards of 3s. a pound—the prisoner was in the service of the Customs—I cannot say what his pay was—he told me it was a guinea a week—I went to the lobby gate on purpose to stop him—he had passed a revenue gatekeeper before he came to me.

MR. BALLANTINE. Q. Did the prisoner say he had smuggled it? A. No—it is the property of the Dock Company until it is sold, and is then delivered to the purchaser.

GEORGE HUMBERSTONE . I am foreman cooper in the tobacco ware-house at the London Docks—the prisoner was at work there—there was some tobacco there of this quality—there has been some taken from there.

GEORGE DIX . I heard the prisoner say he was going to take the tobacco home to help to maintain his wife and children.

(The prisoner received a good character.)

GUILTY. Aged 36.—Recommended to mercy. — Confined One Year.

1st March 1841
Reference Numbert18410301-954
VerdictGuilty > unknown

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954. SAMUEL JOHNSON was indicted for stealing, on the 2nd of February, 5 handkerchiefs, value 1l. 1s.; and 12 yards of lace, value 6d.; the goods of Robert Udall.

EDWIN ALLEN . I am apprentice to Mr. Robert Udall, of Edmonton. On the 2nd of February, the prisoner came to his shop between one and two o'clock, and asked for some things, but did not buy any—he went away—I recollect showing him a drawer which had some silk handkerchiefs in it, and there was a box of lace on the counter—the next day he was brought past the shop handcuffed—I inquired what he had been doing—I then looked and missed five handkerchiefs and some lace—this now produced is one of the handkerchiefs—I am sure it is my master's, and it had not been sold—I had sold one of them the day previous—this lace we can swear we had the same day, and the same pattern—the quantity I do not know.

Cross-examined by MR. BALLANTINE. Q. What is this handkerchief worth? A. 5s.—I know it as it had been creased with another, which was sold the day previous—here is the one that was sold, and the creases, which are accidental, exactly correspond—I never said there was a cut in it—I said there probably might be a cut—I did not point out any cut—I looked to see if there was one, and there was not—I have been in a public-house near this Court, with the