Old Bailey Proceedings.
30th January 1843
Reference Number: t18430130

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Old Bailey Proceedings front matter.
30th January 1843
Reference Numberf18430130

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Taken in Shorthand








On the Queen's Commission of the Peace,



The City of London,





Held on Monday, January 30th, 1843, and following Days.

Before the Right Honourable JOHN HUMPHERY, LORD MAYOR of the City of London; the Right Honourable William James Lord Abinger, Chief Baron of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of Her Majesty's Justices of the Court of Queen's Bench: Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Key, Bart.; Sir Peter Laurie, Knt.; Thomas Kelly, Esq.; and Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; Sir James Duke, Knt.; and James Musgrove, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's Court; 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.

Joseph Ingham

James Gray

John Girling

Samuel P. Chapman

James Farmer Wade

Richard Rhodes

Henry B. Sandell

Samuel Hardingham

Samuel Hackett

William Gurby

John Castles

Robert Gunston

Second Jury.

Richard Folkard

Thomas George Ellis

John Stafford

Thomas Green

John Everest

Henry Peach

William Henry Bignall

Robert Granger

Septimus Morris

Hanibal Gardiner

William Moss

James B. Humphreys

Third Jury.

William Jepson

Henry Estrick

William Gregory

James Greenaway

John Simmons

William Ford

Charles Handyside

John Smith

Thomas Godsell

Robert Short

Richard Harding

James Hales

Fourth Jury.

Rogers Farrell

William Eyles

Richard Green

William P. Gibbons

Henry Adlard

Samuel England

Samuel Jose

Thomas Wright

George Worrall

Frederick Evans

William Hunter

William Jefford

Fifth Jury.

Charles Griffith

Adam Eve

James Hughes

William Poynder

Joseph Manning

William Hampson

William Houlston

Thomas Gower

John Francis

William Hallett

John Matthew Goodson

Matthew Brown

Sixth Jury.

Thomas Gilpin

Thomas Boot

William Edwards

Edward Edgar

Garrett Farrell

Samuel Barnard

John Wright

James Scott

Henry West

Horatio Fyner

Henry Boult

George Howton



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


OLD COURT.—Monday, January 30th, 1843.

First Jury, before Mr. Recorder.

30th January 1843
Reference Numbert18430130-589
VerdictGuilty > unknown
SentenceImprisonment; Transportation

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589. HENRY SIMMERS was indicted for wilful and corrupt perjury.

MR. CLARKSON conducted the Prosecution.

WALTER KERTON . I am a clerk in the Judgment-office of the Court of Queen's Bench. I produce the book in which judgments are signed in the Court of Queen's Bench—I have an entry of a judgment signed in an action of Watts against Wittenbury, on the 27th of August, 1842.

MR. PRENDERGAST. Q. Did you make the entry? A. No, Mr. Barlow, the first clerk, did—I can swear to his handwriting—I am the second clerk.

MR. CLARKSON. Q. Are you always present at the signing of judgments in the judgment-office? A. I am in no other office—I am in the habit of signing judgments—I am always in the habit of being in the office when they are signed, unless I might be called out—Mr. Barlow is now in attendance at the office—I can fetch him—this judgment has since been set aside on a Judge's order, dated 16th of September—this is the order—I did not sign the reversal of the judgment—it was struck out by Mr. Barlow—I will not undertake to say that I was present when it was struck out—it is very likely the judgment-paper might be signed by me.

Cross-examined by MR. PRENDERGAST. Q. Supposing I want to sign judgment at your office, I bring with me a piece of paper called a judgment-paper, do I not? A. Yes, in this case it would be necessary, and we copy from the judgment-paper into the book—the book is a copy of the judgment-paper—we make the entry from the judgment-paper—a judgment-roll is also brought—we merely require an incipitor on that—we stamp the judgment-roll—the contents of the judgment-paper, and the judgment-roll are identical—an incipitor on the judgment-paper, and an incipitor on the judgment-roll is all that is required—we sign judgment on that—we always ask for the judgment-paper—that is our authority, because we write on that—we stamp the judgment-paper—we mark the day of the month—we stamp the judgment-roll with the same stamp that we stamp the judgment-paper with—the impression is "Queen's Bench Judgment-office"—it is the stamp of our office—we make the entry in the book from that paper, we take care to have it correct from the judg-ment-paper—they do not always go to far as the amount on the judgment-roll

—the judgment-paper contains all that there is in this entry—I do not think it contains more, generally speaking—the entry would be a copy of the judgment-paper—it is copied from it—in the body of the judgment-paper they do not always have the name of the town attorney, therefore we take the name of the attorney who signs the judgment—when final judgment issues we should give a number—we want that on the judgment-paper—we do not care about its being on the roll—the number-roll is asked for, and the number is placed on the judgment-paper—we have a docket-roll, and the attorney would ask for a number-roll, I write his name over the number, and he takes the judgment-paper—every term we have a docket commencing with No. 1, and going up as high as 5000, that enables me to get at these records afterwards—to the best of my knowledge executions are issued in ten cases out of twelve without the judgment-roll being filed—I believe, in order to procure execution, it is requisite to produce the judgment-paper, but I do not belong to that office—it is not necessary to produce my book to get execution.

COURT. Q. Because you have already stamped the judgment-paper? A. Yes.

MR. PRENDERGAST. Q. The judgment-roll, in the first place, has the seal of the Court of Queen's Bench on it before it is written on? A. Yes, before it is completed—judgment-rolls are sold by a particular stationer named Dun-combe—I believe he is appointed to sell them, in order that they may be all of one size—he sells them to different stationers—I should not stamp them unless I saw his mark on them at the time, which is, "Delivered by Dun-combe," or something to that effect—I do not recollect exactly, but I know it so well, seeing the name of the gentleman, it is so constantly under my eye—the Exchequer-rolls are very much larger, and have "Exchequer-office" on the top.

MR. CLARKSON. Q. Did you produce this book the other day in the Queen's Bench? A. Yes—here was an objection made to it.

COURT. Q. What is the name of the office in which you are concerned! A. The Judgment-office, and this book is called the Judgment-book—we are appointed under the masters of the Court of Queen's Bench.

Q. What is the act done which is called the signing judgment? A. The production of the judgment-paper and the judgment-roll, our entry is that book, the writing on the judgment-paper, the stamping, and taking it away, and that is considered "judgment signed."

MR. CLARKSON. Q. You are asked what is the act of signing judgment! A. Why, the entering in this book.

COURT. Q. After the production of the judgment-roll and paper? A. Yes, which are severally stamped by the office seal of the judgment-office—this judgment was signed on the 27th of August, I think—the entry is, "London, John Watts, against James Wittenbury, for 8l.—35s.—set aside by J. O.," which means "Judge's order," "dated the 16th of September"—then there is the number of the roll, the attorney's name, and the fee, 7s.

MR. CLARKSON. Q. Is this proceeding at your office, on the authority of the judgment-paper and roll, what is in the profession termed the act of signing the judgment? A. Yes, the whole proceeding.

MR. PRENDERGAST. Q. How is the record made up? A. I do not know, that is not my office—it is not made up from the roll—they take it from some form—that would not be on the judgment-paper—it would be copied from some books.

COURT. Q. To whom are the judgment-roll and papers delivered, after

this entry is made in your book? A. To the plaintiff's attorney immediately, to the party signing the judgment—the judgment-paper is prepared by the party signing judgment—it is prepared on the part of the plaintiff—it is returned to the plaintiff's attorney to enable him by that voucher to show to the Seal-office that judgment has been signed in my book—the master marks the costs in the judgment-paper, and that is the authority to the sealer—the signing judgment is the entry in my book—the judgment-paper is returned to the party signing judgment—they would require it to issue execution—it is my certificate that judgment is signed in my book.

SAMUEL GIBBS . I am clerk to Mr. Justice Cresswell. I produce an original order of the Chief Justice of the Queen's Bench, ordered by Mr. Justice Cresswell to be impounded.

MR. PRENDERGAST. Q. Were you present when it was signed by Lord Denman? A. No.

MR. CLARKSON. Q. Did Mr. Justice Cresswell hear the summons for setting aside this order? A. Yes—I also produce the summons purporting to be issued by Mr. Justice Patteson—that was heard before Mr. Justice Cressswell—this order of Lord Denman's bears Mr. Justice Cresswell's endorsement, "to be impounded C.C," which means "Cresswell, Cresswell"—the endorsement on this order, "Order, Judgment set aside with costs, C.C." is also his.

Q. Then it appears that Mr. Justice Cresswell heard the summons, because he has made an order on it? A. Yes, and there is a previous endorsement "adjourned for a month"—the last on which I acted was this "Order, Judgment set aside with costs, C.C."—it was on that the order to impound was made—this is the original order of Mr. Justice Cresswell—it is the order that followed the hearing of the summons—it is my own handwriting—[This was dated, 16th of Sept., 1842, on hearing the counsel for the plaintiff, and the attorney or agent for the defendant, and on reading the affidavits of Wittenbury, Egan, Watts, Williams, Simmers and James, ordering the judgment to be set aside with costs; also, the writ of ca. sa., issued upon the said judgment, and directing that the Sheriff of Kent should pay back to the defendant the sum of 12l. 11s. levied by virtue of the said writ.]

Cross-examined. Q. Were you present when the summons was heard before Mr. Justice Cresswell? A. I was not—Mr. Coleman was—the order was brought out immediately to me, and put into my hands.

JOSEPH FREDERICK COLEMAN . I am clerk to Mr. Justice Cresswell. I was present on his lordship directing that order to be made—I was present when this case was heard, on the summons of Mr. Justice Patteson—I was not present the whole time—I was in and out of the room—the endorsement by Mr. Justice Cresswell on Lord Denman's order, "to be impounded," was written in my presence, given to me by his lordship, and carried by me to Mr. Gibbs directly, upon which he drew up the order which I produce.

JAMES CURRIE . I am one of the clerks of Lord Denman. This is an original order of his—I drew it up—I cannot say whether I delivered it out—the 26th of Aug. was in vacation time—Lord Denman would not be at chambers then—the clerks stay till about three o'clock, not later—sometimes we keep the orders by consent, not always—I should say we have not kept any by consent in this case—I have made due search, and have found none—there must have been some consent in writing produced to me, purporting to be the defendant's consent—such an order as this would not be granted by any representation exparte.

Cross-examined by MR. PRENDERGAST. Q. Did you fill up this order? A. I did—it was not, actually signed by Lord Denman—it is a seal—it is sanctioned by his lordship—Lord Denman authorised this—I am not prepared

to say how he authorized it—I am not his private clerk, and never have communication with him—Lord Denman was not in town at the time—the order is my writing.

Q. Just see whether that "3l. agreed" is your handwriting or not? A. I should say not, now I look at it—I drew the order, but I do not think I put in these words—I should not like to swear it—I do not believe the word "agreed," to be my writing.

COURT. Q. What are the words you doubt about? A. "3l." in figures and the word "agreed"—the following words "together with costs" are in print—I believe the 3l. is not my handwriting, but I could not swear it—I speak more particularly to the word "agreed"—it appears to me to be a different ink, thicker, and darker—the "g" is rather of a peculiar form—that is the reason why I doubt it to be my writing—I should say it was not.

MR. PRENDERGAST. Q. Lord Denman was not present, nor knew any thing at all about this proceeding? A. Certainly not—he never was cognisant of it—he is very seldom at chambers—it is not customary for him to draw up orders, and sign them in the presence of parties by consent—I never understood that it was necessary that the Judge should be present at the time of signing the summons, or by consent—he sometimes signs consent orders in blank—orders of this description are not signed by his lordship—he does not personally attend to any such order as this—his lordship was not acquainted with the fact at all, not being at chambers.

MR. CLARKSON. Q. Does this bear the impression of my Lord's stamp, kept at chambers for the purpose of stamping orders of this description? A. Yes—it has been duly issued out of his chambers by me.

COURT. Q. Have you authority to issue such an order bearing his stamp, without consulting him on the merits of the application? A. I have always given them as a matter of course—I have no communication with his lordship personally—I always understood I was acting on sufficient authority, when I gave orders on these forms—I am not the principal clerk.

MR. CLARKSON. Q. You do not seem to be quite sure whether this word "agreed" was written by you? A. I am not sure—I believe it has been added by somebody since—I should not like to swear it.

Q. And the striking out of the words "taxed and," do you believe that to be your striking out? A. If I inserted the figures "3l." I should have struck those words out—it would then have stood "with 3l. costs to be paid" instead of "taxed, and to be paid"—I rather think the 3l. is my writing, but the word "agreed" has been introduced by somebody else—I draw up perhaps forty or fifty orders by consent at chambers in the course of a week—they are all drawn up in the same way, stamped in the same form, quite irrespective of the fact, whether my lord happened to be in chambers or not—I am authorized to swear affidavits—I am a commissioner, and administer an oath.

COURT. Q. Look at that again, and say, from the knowledge of your own handwriting, whether you have now any doubt whether that word, "agreed," was written by you? A. I have a doubt as to the word "agreed," but I should not like to swear it—it is not the usual character of my handwriting—I should not suffer any one else to introduce writing into orders drawn up by me—I should not like to say that the word was introduced since the order was issued, but yet I have a doubt—I should not like to say positively—on looking at it more closely, I believe that the figures "3l." are mine—I have a doubt as to the word "agreed"—I am not positive—I do not know that I should have entertained a doubt had not my attention been drawn to it—these orders are printed forms, leaving a portion in blank to be filled up—it is the

only form of order we have for this purpose—these are what we call orders to stay on payment of debt and costs—that is not the only order we issue, we have many others.

Q. Do you issue any order except an order that purports to proceed on consent of the parties, without consulting the Lord Chief Justice? A. Yes, on affidavit of service and non-attendance—they are orders which are deemed matters of course, on certain forms being complied with—we keep printed forms for such purposes, with Lord Denman's signature attached, by a stamp, which is a fac-simile of his handwriting.

Q. The chambers of the Lord Chief Justice are considered as an office, and on complying with certain forms, such orders would be issued? A. Yes—I have known orders of this description to be issued from his lordship's chambers, as a matter of course, for five or six years, and orders generally for ten years, within my own knowledge—I cannot say how long we have issued these orders—I have always understood that the signature was stamped upon them by his lordship's approbation, and that I was acting under his authority in issuing them, or I should not have given them—I think this form of order has been placed in my control about five or six years—Mr. Thornton, his lordship's private clerk, gave me the orders for the purpose of being issued from time to time.

MR. CLARKSON. Q. If his lordship were at chambers, and the parties before him, would an order of his, by consent, be drawn up on a paper bearing his stamped signature? A. I should have done so, and have done so when his lordship has been at chambers—such orders as these are never granted but by consent—I do not know the date of the Act legalising these orders—[This order was dated the 26th of August, 1842, and stated that, upon hearing the attornies and agents on both sides, and by consent, upon payment of 5l. due from the plaintiff to the defendant, together with 3l. agreed costs, all further proceedings should be stayed, and that in default, the plaintiff should be at liberty to sign final judgment, with costs.]

THOMAS BARLOW . I am first clerk in the Judgment-office—the act of signing judgment consists of copying the venue, the plaintiff's and defendant's names, the sum judgment is signed for, the costs, if there are any, at the time, and the attorney's name who signs the judgment, who is the plaintiff's attorney—it is copied into this book, which is called the day-book of the office of the judgments, and other entries—it is generally called the judgment-book—I signed the judgment in the cause of Watts against Wittenbury—I afterwards struck it out, by virtue of a Judge's order—this is as it originally stood, "London. John Watts against James Wittenbury, for 8l. debt, and 35s. costs. Judgment on promises pursuant to order"—London is the venue—Watts and Wittenbury are the plaintiff's and defendant's names—it is signed by S. H. Williams, on the 27th August, 1842—I struck out the words, "pursuant to order"—that was entered by authority of a Judge's order—we do not copy the Judge's name—the words I wrote before I struck them out, are "J. T. a.," that is for "assumpsit," either on promises or the case; "p.," for "pursuant;" "t. o.," for "to order"—that imports that the plaintiff's attorney brought a Judge's order at the time—the judgment was signed on the responsibility of the plaintiff's attorney—all judgments are signed on the responsibility of the plaintiff's attorney—I have since then struck out the whole of that with my own hands, because they gave me the order to look at, and the order said it should be struck out—I have no doubt this is the order on which I struck out that judgment—we took possession of the order, and filed it in the office—I did not put any mark on it when I executed

it—we kept the original—perhaps the plaintiff's attorney may have borrowed it, with an undertaking to return it, to tax costs.

Cross-examined by MR. PRENDERGAST. Q. You filed the order, whatever it was? A. I did—I have no doubt that we took possession of it at the time—we put them into a pigeon-hole, and when the pigeon-hole is full we file them—that order would be got from my custody on the plaintiff's attorney applying for it, and giving an undertaking to return it—I cannot say whether or not that order is in our office now—I heard that the clerk was subpœnaed to bring the order with him, and I left it to him—he told me that they wanted the book, but said nothing about the order—I do not know that the order has ever left the office.

COURT. Q. Did you, or not, strike out this judgment by some Judge's order? A. Yes—I should not have done it without an order was produced.

MR. PRENDERGAST. Q. How can you tell it was a Judge's order? A. Because I read it before I struck the judgment out—signing the judgment consists in the person's bringing a roll and a judgment-paper—this is a Queen's Bench roll—it is stamped by the stationer—he delivers them by order of the Court of Queen's Bench—it is stamped and delivered by William Duncombe, stationer, Lincoln's-Inn—I make my entry in the book from the judgment paper—the judgment-paper has the damages that judgment is signed for on it—it is longer than the roll in that respect—the damages could not be on the judgment-roll without they completed the roll—it could not go so far as that—this is an incipitor on it—it contains the venue, the plaintiffs and defendant's names, and the nature of the action—there is the same in the judgment-paper, with the addition of the damages—there is every thing on the judgment-paper that there is in my book—my book is copied from it—my book does not contain anything of the pleadings, nor does the judgment-paper—the judgment-paper contains the venue, the plaintiff's and defendant's names, the nature of the action, and the damages—after making the entry, I put the seal to the judgment-paper—that is the last thing I do, except taking the money—I put down the number of the roll—the judgment-roll is afterwards made up, and goes into the Treasury.

COURT. Q. How long have you been in the Judgment-office? A. Thirty years—I have always considered that the entry which I make is what is termed in the profession, signing judgment.

MR. GIBBS re-examined. I produce an original affidavit, which wm deposited with me, and has been filed with me ever since.

MR. COLEMAN re-examined. I swore the party who made this affidavit—I cannot undertake to swear it was the prisoner—the affidavit must have been used, or Mr. Gibbs would not have had the custody of it.

JOSHUA MORRIS . I know the prisoner, and know his handwriting—I believe the signature to this affidavit to be his handwriting.

Cross-examined by MR. PAYNE. Q. How often have you seen him write! A. I saw him write this paper—(producing one)—that is not the only thing I saw him write—I have seen him write perhaps two or three times—I compared this signature with this paper, and, on comparing them together, I believe it to be his handwriting—I have no doubt in the world of it—I have acquired a knowledge of his handwriting by seeing him write that.

MR. CLARKSON. Q. By seeing him write two or three times, do you mean you have seen him write different things, or seen him write his name? A. Different things—I have seen him write his name—I have known him three or four years—I have seen him write from time to time—without

any comparison, I have acquired a knowledge of his handwriting so as to enable me to speak to my belief of it—I have no doubt at all of this being his signature—I believe the body and all of it to be his handwriting.

Affidavit read.—"In the Queen's Bench, between John Watts, plaintiff, and John Wittenbury, defendant.—Henry Simmons, of No. 5, Charlotte-place, Woolwich, in the county of Kent, managing clerk to Mr. Samuel Hanson Williams, of the same place, attorney for the above-named plaintiff in this cause, maketh oath and saith, that on the 26th of August last, the defendant, who the deponent is well acquainted with, called at the office of deponent's employer, situate as aforesaid, accompanied by a person of the name of James, who stated that they had been to London, and taken out a summons to stay tod pay; that the said defendant agreed to pay in this action the sum of 3l. for costs of the said action, which the deponent endorsed on the summons; that the defendant then said, 'We will go up, Mr. James, to London, and draw up the order, and come down again and serve it, as the money must be paid this evening;' that, in consequence of the defendant not having paid the amount, he, the deponent, did, on the 27th of August last, sign judgment on such order, and duly entered an appearance in the proper office of this honourable Court, &c. &c. &c."

JAMES M'MILLAN . I attend from the office of the sheriff of Kent. I produce a testatum ad satisfaciendum—it was filed at the sheriffs' office—it was given to me in the sheriffs' office, by the prisoner, on the 27th of August, 1842—I made out a warrant on that writ, to Joshua Morris, the officer—(read.)

JOSHUA MORRIS re-examined. I produce the warrant that I received, to execute on this writ—I took Mr. Wittenbury in execution on the 29th of August—I was present at the hearing of the summons before Mr. Justice Cresswell, and saw the prisoner there—I received from Mr. Wittenbury, on his being taken, 12l. 11s.—I gave him this receipt for it—after the hearing before the Judge, in pursuance of his lordship's order, I returned back that sum to Mr. Rivolta, Mr. Wittenbury's attorney.

Cross-examined by MR. PRENDERGAST. Q. Where did you arrest Mr. Wittenbury? A. In his own house, at Blackheath-hill—I did not see the prisoner at that time—I saw him on the day the writ was brought into the office.

JOHN BAILEY . I am clerk to Mr. Justice Patteson. The summons produced by Mr. Gibbs is an original summons issued from Mr. Justice Patteson's chambers, by his authority—it is signed by me.

Cross-examined by MR. PRENDERGAST. Q. Are you the gentleman that swore to Mr. Justice Patteson's writing in the Queen's Bench lately? A. Yes—I know this to be my handwriting—I do not know whether I made a mistake the other day about Mr. Justice Patteson's handwriting—the Judge said it was his writing, and I said it was not—he had some doubts about it—I was not present at the time—I saw by the newspapers that the thing I said was not his handwriting he said was—the Judge did not tell me it was his handwriting—the Judge's signature here is my handwriting—it purports to be the Judge's signature, but it is my writing—it was written by his authority—I never knew a Judge sign a summons—I am authorized to do so—it is the practice of the chambers—I consider I have authority to do so—I have done so many years.

[The summons was dated the 5th of September, 1842, calling on the plaintiff's attorney, or agent, to attend the chambers of Mr. Justice Patteson, to show cause why the judgment should not be set aside, having been fraudulently obtained, without consent of the defendant, his attorney, or agent; also the writ of ca sa

issued on such judgment, why the sheriff of Kent should not pay back the sum of 12l. 11s. levied by him on such writ, and why the plaintiff should not repay the same.]

MR. COLEMAN re-examined. This is the summons on which the cause was heard before Mr. Justice Cresswell.

MR. GIBBS re-examined. This is the summons on which I drew up the order—it has been in my custody ever since.

JAMES CALEB WITTENBURY . I am a builder, and live at Blackheath, In August last I knew a person of the name of Watts—I had dealings with him for a horse—I think I was to pay 16l. for it—I reserved 5l. of it in order to see whether the horse was free from vice—I found him not free from vice, and did not pay the 5l.—I was served with a copy of a writ of summon on the 16th of August last, by a person with one arm, named Munyard—I went to my solicitors, Messrs. Forsyth and Rivolta, of Jewin-street, next morning—I learned from them what is the practice of the Court on proceeding in vacation—I left the writ with them—on Monday, the 29th of August, I was taken in execution by Morris—I was not aware of any step having been taken in the action between the time of my receiving this service and being taken in execution—I saw the prisoner at Mr. Justice Cresswell's chambers, on hearing of the summons to set aside these proceedings—I never saw him before to my knowledge—I never called at the office of Mr. Samuel Hanson Williams, an attorney, at 5, Charlotte-place, Woolwich, accompanied by a person named James—I never was at that place in my life, with or without any person—I do not know where it is.

Q. Did James ever state, or did you in his presence, that you and he had been to London, and taken out a summons, to stay and pay forthwith? A. I never saw James in my life, till I saw him at this dock when he was tried—I never used those words, or did James, in my presence, in Williams's office—I never authorised a person named James, or any one else, to call on Mr. Williams on my account, in this action—I never stated to Williams that I had been to London, and taken out any summons of any kind whatever—I never saw Williams in my life to my knowledge—I never offered to pay Williams 3l., or any other sum, for costs in the action.

COURT. Q. The transaction never occurred? A. Never.

MR. CLARKSON. Q. Did you ever say to Williams, or authorise James, or anybody else, to say to Williams, "We will go up, Mr. James, to London, and draw up the order, and come down again, and serve it; the money must be paid this evening?" A. Never—I never saw Williams or James on the subject of any summons of any kind whatever, or touching the payment of any sum of money—I never heard a breath of these proceedings till I was taken in execution by Morris—I afterwards appeared before the Judge on a summons, and after the summons had been heard, I recovered back the 12l. 11s.—the man James made an affidavit—I indicted him, and he was tried and convicted here, on the 12th of December—I have been for some time engaged in building a pump-room and other buildings for Mr. Forsyth, at Hockley, in Essex—on Wednesday night, the 24th of August last, I slept at Mr. Parr's, at the White Hart, at Hawkwell, which is close to Hockley—on Thursday, the 25th, I had occasion to purchase some cement at Lea, in Essex, and I slept that night at the White Hart, at Hawkwell—on Friday morning, the 26th, I breakfasted with Mr. Parr, at his house, and then went with him, in his own cart, to Chelmsford, being market-day—I staid there till half-past four o'clock, and came up by coach to Brentwood, and then came by the railway to London—I got to London about half-past six—I was

not in London that day until half-past six—I was with Mr. Parr, and we never parted company until half-past four.

Cross-examined by MR. PRENDERGAST. Q. What have you done with this horse? A. Sold it at Dixon's—I got but a trifle for it—I supposed the action was brought against me for the 5l.—I paid the 5l. and costs when I was taken in execution by Morris.

Q. Have you not, since the proceedings have been set aside, paid the debt and costs of the action? A. I have not myself—I cannot be answerable for what my solicitor does—my solicitors had full instruction to do just as they pleased with the case—my solicitor said it would be best to pay the thing, rather than risk an action—I told him to do as he pleased—I thought it was better to pay, whatever it was, than to pay more—it has been settled in that way, for any thing I know—I cannot tell how much was paid—my solicitor told me it was 5l.—he thought I had got into bad hands, and I had better pay it than lose more—that I had got into the hands of a gang of swindlers—I said, well, I thought I had better pay it—Mr. Forsyth it my solicitor—I had a great deal of business in his hands—I do not settle with him above once a year, perhaps—he has the management of ray property, and if I say do this or that, I do not know the exact sum for the end of a month or so, he does it, and when he brings in his bill, I pay it—I cannot tell what the amount of the costs was—I have not paid my lawyer yet—he did not tell me I had better pay the 5l. and coats, he said I had better pay the 5l.—I am positive he did not say the costs—he did not tell me the amount of the costs—I told him it would be the best way to settle it, as I had got into bad hands.

MR. CLARKSON. Q. Did you learn from your solicitor, that after that, Watts had paid back the money for the second time? A. I did.

STEPHEN PARR . I kept the White Hart, at Hawkwell, in Aug. last, and know Mr. Wittenbury—he was engaged on some works at Hockley in Aug.—on Wednesday night, the 24th of Aug., he slept at my house; and also on Thursday night, the 25th—he breakfasted with me next morning, and we went together to Chelmsford market, in my horse and cart—I drove—he dined with me at Chelmsford—I parted with him, to the best of my knowledge, from a quarter to half-past four o'clock, and he went by a coach from Chelmsford—I accompanied him to the coach.

Cross-examined by MR. PAYNE. Q. What makes you know that this was Friday, the 26th of Aug.? A. Because I did business on that day—Mr. Wittenbury frequently came down on his business—I believe there is a market at Chelmsford every Friday—I never was at Chelmsford only on a Friday—I keep an account of my own private business at the market—I do not make a memorandum of where 1 go on particular days—I bought some sheep at the market—I have frequently bought sheep before—I know this was the 26th of Aug., because I particularly know that Mr. Wittenbury was with me when I bought this stock; and some time in Sept. when Mr. Wittenbury was at my house he rang the parlour bell, I went in, and, without telling me that there was any thing amiss, he said to me, "Do you know what day you drove me to Chelmsford market?"—I said I could tell if he would allow me five minutes to look at my market-book—I went and looked at it, went back to him, and said, "On the 26th of Aug., Sir"—I have that book here—(producing it)—from looking at that book I am satisfied it was the 26th of Aug., because Mr. Wittenbury was with me when I made the purchase—I remember that perfectly well.

COURT to JOSHUA MORRIS. Q. Do you know the name of Samuel Hanson Williams, of Woolwich? A. No—no such person lived at No. 5, Charlotte-

place—a man named John Munyard lives there, and I never knew of any other person living there—I think I should have known if Williams had lived there.

MR. PRENDERGAST. Q. You know a person of the name of Williams carries on business there? A. No, I do not, indeed; but I know of his having had not only this, but other warrants, endorsed with the same name, at the same place.


THOMAS HAWKER . I am a tailor and woollen-draper, and live at No. 11, Bell-yard, Temple-bar. I have known the prisoner three or four years—I employed him, when I lived in Blackfriars-road, to collect a deal of money for me, at times—he was a person of good moral character; and, as regards speaking the truth, I always found him to be a truth-speaking, honest man—he never deceived me in any way.

COURT. Q. Where did you know him to live? A. believe he lodged up by Clerkenwell—I cannot say where he was living on the 26th of Aug.—he did not collect my debts then—I know Samuel Hanson Williams, and I knew his father for years, at Cheltenham, before I set up in business—he was a most respectable builder—Idid not know Williams at Woolwich—he is an attorney—I knew him when he lived in Blackfriars-road—I did a deal of work for him at No. 205, Blackfriars-road, not at Woolwich.

MR. PRENDERGAST. Q. Do you know that he had a place of business at Woolwich lately? A. I have heard so, I cannot say—I have not seen him for three or four months—I suppose he is gone out of the way—I do not know what he is now, but he was a most respectable young man, and his friends most respectable—I have known him fifteen or twenty years—I knew him when he was a boy—I knew him when he was a householder.

GUILTY . Aged 32.— Confined Three Months and Transported for Seven Years.

OLD COURT.—Tuesday, January 31st, 1843.

Second Jury, before Mr. Recorder.

30th January 1843
Reference Numbert18430130-590
VerdictNot Guilty > unknown

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590. JOHN PINCH was indicted for wilful and corrupt perjury.


OLD COURT.—Wednesday, February 1st, 1843.

Third Jury, before Edward Bullock, Esq.

30th January 1843
Reference Numbert18430130-591
VerdictsGuilty > pleaded guilty

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591. SARAH FLOWERDAY was indicted for feloniously and knowingly uttering, on the 17th of Jan., a forged acquittance and receipt for 25s.; also, for uttering, on the 1st of March, a forged receipt for 1l. 5s.; also, on the 3rd of May, a forged receipt for 1l. 5s.; with intent to defraud Charles Perrott and others; to all of which she pleaded

GUILTY . Aged 24.— Confined Two Years.

(Thomas Cadd, oilman, of Chiswell-street; William Larter, cow-keeper, Ropemaker-street; George Duplex, Ropemaker-street; and John Edward Green, Lower Whitecross-street, gave the prisoner a good character.)

30th January 1843
Reference Numbert18430130-592
VerdictGuilty > pleaded guilty

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592. JAMES ANNISON was indicted for stealing 3lbs. weight of bacon, value 2s., the goods of William Westcott; to which he pleaded

GUILTY . Aged 12.— Confined Seven Days.

30th January 1843
Reference Numbert18430130-593
VerdictGuilty > unknown

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593. ELLEN ELLBURN was indicted for stealing, on the 5th of Jan.,1 pair of stockings, value 1s. 6d.; 1 handkerchief, 1s.; 1/2 pint of wine, 9d.; 12 half-crowns, and 10s.; the property of Rice Giles Higgins, her master.

RICE GILES HIGGINS . I am a schoolmaster, and live in Newcastle-street, Strand. On the morning of the 5th of Jan. I placed a bag, containing 30l. in silver, in a drawer in my escrutoire, which was not locked—at twelve o'clock in the day I found 2l. gone—the bag was in the same place—it was all done up in 20s. parcels, in half-crowns and shillings—I had suspicion, and requested my wife to search the prisoner, who was our servant—she refused to be searched—I sent for a policeman, and saw him take a purse of money from her, which she said was sent to her by her husband—she was taken to the station, and these twelve half-crowns and thirteen shillings, some wine, a pair of stockings, and pocket-handkerchief, were produced—I know the stockings and handkerchief to belong to my wife—they have her mark on them—I cannot swear to the wine—she had been about three weeks in my service.

Prisoner. I received 8s. at a ball, and 5s. at a party which they gave. Witness. She lived with me once before for fifteen months—I have lodgers.

HENRY SILVERSTER . I lodge at this house—I saw the prisoner between ten and eleven o'clock, on the morning of the 6th of Jan.—she said she was in great distress, and was going to leave, she had not a shilling in the world, and supposed she must starve—she did not know where to go—I left the room, requesting my wife to give her what she thought proper.

Prisoner. What I said was, a shilling would be of consequence to me; I expected half-a-crown from him.

DOMINIC CARR . I am a policeman. On the 6th of Jan., about half-past eleven o'clock in the morning, I was called to the prosecutor's, and the prisoner was given in charge—she seemed reluctant to be searched—when she found I was taking her to the station, she gave me from her bosom a purse containing twelve half-crowns, and 13s.—she said she had received them from her husband by a letter—I asked where the letter was—she said a bricklayer had it, and she did not know who he was—these other things were found in her pocket.

HANNAH ROWELL . I live at the police station. I searched the prisoner on the 6th of Jan., and found a bottle of wine, a purse, and handkerchief in her pocket—she said she took the stockings by mistake out of the wash.

Prisoner. The money was missed more than a week before Christmas; every body in the house was sorry; I received 30s. from my husband, but thought I bad better not tell my mistress.

GUILTY . Aged 26.— Confined Four Months.

Before Mr. Justice Williams.

30th January 1843
Reference Numbert18430130-594
VerdictGuilty > unknown

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594. WILLIAM BAILEY was indicted for feloniously forging, on the 9th of Sept., at St. Margaret, Westminster, a certain promissory note for the payment of 2,875l., with intent to defraud Robert Smith, since deceased.—2nd COUNT, stating his intent to be to defraud James Smith.—3rd COUNT, for uttering the same, knowing it to be forged, with intent to defraud the said James Smith.—4th and 5th Counts, stating his intent to be to defraud James Smith and others.—6th COUNT, for uttering the same, with intent to defraud the said Robert Smith, since deceased.—6 other COUNT, setting out the instrument.

MESSRS. HUMFREY, CHAMBERS, and BALLANTINE Conducted the Prosecution.

ROBERT BENJAMIN WHEATLEY . I am deputy associate of the Lord Chief Justice of the Court of Common Pleas. I was present at the sittings after Trinity Term during part of the trial of the cause "Bailey against Smith," upon a promissory note for the sum of 2,875l.—it lasted two days—after

the trial certain documents were impounded, and placed in my hands—I have them here—I produce a promissory note marked A, for 2,875l. a receipt marked B, an "I O U," marked C, a letter marked D, and a book marked E, indorsed "Private cash account"—I was present part of the time that the prisoner Dr. Bailey was examined.

ROBERT HOOPER TOLCHER . I am a short-hand writer. I attended the trial of "Bailey against Smith," on the 8th and 9th of July last, in the Court of Common Pleas—I took short-hand notes of the whole of the trial—the prisoner was examined as a witness—I recollect several documents being handed to him while being examined—one was a promissory note—I took down the evidence he gave respecting that promissory note—I afterwards wrote it out—this is a correct transcript of my notes.

Portions of the evidence given by the prisoner were here read, of which the following is a narrative:—"I am a clergyman of the Established Church, and a graduate of Trinity College, Dublin. I am officiating at present at St. Peter's, Queen-square, Westminster—I have had that church three years last Oct.—I am licensed by the Bishop of London to serve that church—I am the brother of the plaintiff Miss Bailey—my father lived at Belfast—he died in June, 1841—I had been acquainted with Robert Smith the intestate nearly for the last ten years—my father gave me a letter of introduction to him when I first came to London—some money transactions took place between us—this memorandum will prove when—there were none before that—yes, there was one item that occurred between him and me—he gave me 60l.—he lent me 60l. in 1832—it was repaid by my father—I first saw Mr. Robert Smith relating to my sister's money shortly after I came to London, in 1808—I was away from London prior to 1838—I was at Tun bridge Wells several years—I had communication with him as to my sister's property, not in Tunbridge Wells, after I came to London in 1838—I was absent on several occasions between 1832 and 1838, at Tunbridge Wells principally—in the year 1838, I was directed both by my sister and father, to make inquiries as to an investment for her, principally by my sister—I mentioned to Mr. Smith that my sister intended to come to London to reside here, and that she had several monies she wished to have invested in town, and wished to have his advice as to the best mode of investing them, especially in reference to government securities—he replied, 'that he himself would be her banker, as my sister and her father knew his opulence, and his wealth, and his safety'—that is what be said, and he would give her more for the monies than government—he recommended at the same time that a rentcharge should be purchased for her on some property in London, and he promised to look out carefully for a suitable rent-charge, and such monies as she deposited in his hands would be immediately forthcoming when such a rentcharge was found—I communicated the matter to my sister—she assented to the proposal, and the monies were then almost immediately forthcoming, and shortly, very shortly afterwards, the monies came gradually—I paid monies to him from her—an account was kept of that, both by myself and Mr. Robert Smith—this is the account book I had—in 1838, Nov. 5th, 550l. was advanced—1839, Aug. 1st, 450l.—1840, June 1st, 1200l.—1841, Jan. 10th, 500l., and on Aug. 12th, 1841, 175l.—the 175l. was the last, that consisted of a small sum of money I paid into his hands, and a further sum as interest which he paid me, and which I refunded to him—32l. 7s. 2d. was cash, and 142l. 12s. 10d. the interest—that I paid back to him to be considered as principal—that makes up a sum of 2,875l. altogether—(looking at the 'I O U,') the morning this was executed, I saw Mr. Smith at my own house—it was the 12th of Aug. 1841—that was the day I paid the 175l.—we had

a settlement, according to this memorandum book—he signed the settlement—he kept a book—I am aware that corresponding entries were made in his book—I saw them, and his book is similarly signed—when this settlement took place he said my sister should hare a security—he said he would give my sister a written security—he expressed himself as being in a hurry then, but said, as there was service in chapel on that evening, he would bring it to me there ready—I attended the chapel on that day, and saw Smith—it was Thursday, the 12th of Aug.—I saw him in my vestry—he came into the vestry, and gave me this, saying, that he had written an acknowledgment for my sister's money—being disappointed as to the nature of the security, I made some objection to it, to the omission of the interest at 4 per cent. as arranged that morning, and I think I also mentioned I expected there would have been a bond—he then expressed some anger at any doubt being cast upon him—this is not on a stamp—I think I also mentioned that there was no stamp—it all occurred in five minutes' time, before the service, consequently it was hurried—he also added that from my personal knowledge of the whole transaction, no written security was necessary—he said it would give validity to it if the gentleman, the clergyman who was present, and myself would put our names to it—that was Mr. Nickson—Mr. Nickson was there on duty—he preached for me that evening—he attested it at Mr. Smith's request—we both attached our names—these are our signatures—this is his, and this is mine—(pointing to them)—I saw Mr. Robert Smith two or three times after that—the first time, as a friend in London advised me them I urged upon him to give a bond—that was in about a week or a few days after—I personally saw him—he did not seem to like my request for the bond—he would not give a direct negative—he said be would give, as he had done before, a promissory note, and he gave me this, the note in question—he brought the stamp, without any writing upon it, to my house, on the morning of the 9th of Sept.—at his request I wrote the promissory note, and the later passage at his own dictation—the latter passage is 'with 4 per cent. interest thereon from the above-mentioned date, for value received by me in cash advanced by her on loan to me at different periods, as by settlement this day'—I wrote those words at his dictation—he signed it in my presence—I asked him to have some other person present to sign it—he said he did not wish to divulge his affairs to the world, and at his request I signed my name as a witness—a small balance of interest was paid then—the arrears of interest that was due on this 'I O U'—I have a memorandum of the sum—it was 8l. 9s. 6d. I again spoke to him about the bond—he said he would give a letter by which he would bind himself to give it if required—he was again in a hurry, but said if I would write him a letter giving him instructions what to write he would certainly sign it—I wrote a letter, this is it—it is entirely according to Mr. Smith's instructions—I wrote a letter for him, and sent it by the penny or twopenny post, saying on the fly leaf, that I had an engagement in that district in that part that evening, and I would call on him about seven o'clock—in the course of the evening I did call—he handed it to me at his door ready signed—I adverted to a mortgage, but he said he would sooner throw up my sister's money altogether than be annoyed with mortgages Mr. Robert Smith was not often in the habit of attending my chapel—he did occasionally—he was not a stated member of my congregation—I do not know the very day he died, it was some time in Sept—Mr. Nickson is dead—he died about the same period of time, I cannot say to a day, I think the latter end of Sept., or the commencement of Oct.—there is the attestation.

Cross-examination by SIR THOMAS WILDE. Q. Do I understand you, Sir, that this is the handwriting of Mr. Smith, besides the signature in this book,

or is it the signature only? A. Only the signature—there is no part of this note the handwriting of Mr. Smith, except the signature—the substance of this 'I O U,' the signature, and the amount, all except the attestation and "We, the undermentioned," is his handwriting—the whole of the upper part is his handwriting—no part below that where I have doubled down, is his writing—the body of this 'I O U' is Mr. Smith's writing, that is, he brought it to me as his writing—that at the bottom is my own and Mr. Nickson's writing—the letter dated the '9th of Sept.,' is all my handwriting, except the signature—I sent it by the post, and he gave it to me at his door—he had taken the post-mark off, the fly-leaf, himself—he gave it me so—I took my doctor's diploma in the July of last year—I have known Mr. Smith about ten years—I was not very often at his house—he was chiefly at mine—he was several times, very often, at my house—I said I came to live in London in October, but I remember it was rather earlier than that—in the preceding month, in Sept. 1838—Mr. Smith kept no front shop, no outward shop in the street, no external shop—he lived at No. 12, Great St. Andrew-street, Seven-dials—in appearance he was rather taller than myself—his hair nearly white, rather bald, emaciated, and thin—I should say he was exceedingly mean in his appearance and dress—I should say he certainly was not gentleman-like in his dress—I should say he was rather mean—I cannot remember any person who ever saw me at his house besides me and my sisters—my servants have seen him at my house—I cannot mention many of their names, because there are not many, but there is one Caroline Laxton, she has been in my service, and has returned to it again—she was in my service about a year, or better than a year ago—she came about a year and a half ago—she remained a few months—I cannot say exactly, perhaps six months, as nearly as I can speak to it—she is now with us—she returned, I think, about three months ago—since this cause has been in existence—I have understood she is here—I do not know from whom I got her character—I do not know those matters myself—it is Mrs. Bailey attends to them—I have no doubt some competent person, but I do not know—I do not know where she lived during the interval of her absence—I remember she lived with a barrister, I forget his name—my acquaintance is not so extensive with barristers, that I forget his name—he lives in one of the squares—I never saw him—you asked me where this person bad lived, I beard from Mrs. Bailey, that she lived in a barrister's family—there is another person who saw us in company, Mrs. Grey, a surgeon's lady, who lives in the Borough, I do not know what part exactly, I think it is Henry-street—I do not know where—I know her, she attends my chapel occasionally—she saw Mr. Smith in the vestry of my chapel, and she saw him at my chapel, generally, I believe—she has told me so some months ago—I understood her to say she knew him to speak to him—she knew who he was—she told me that some months ago—I did not make inquiry of her if she knew Mr. Smith—she mentioned it in my family—I think it was to Mils Walker, a member of my family, Mrs. Bailey's sister—Mrs. Grey is here—I am not sure, but I think she has said she has seen him at his house—Mr. Smith was a very well-informed man—he was something in the iron-trade, which I saw when I got into the house—I have been in the front room, the parlour I suppose it is called—there is a parlour in front—I am very unobserving of furniture—I remember a glass front to a bookcase in the room, indented in the wall—his first transaction with me was his lending me 60l.—I do not know anything of his private affairs or of his habits—he was penurious—I cannot say whether such a man is in the habit of lending money—I do not remember whether I gave him any security—the 60l. was for some purchases of books I had made—I do not think I did give him any

security, it may have been an acknowledgment, I cannot remember—I quite forget it—he lent me the whole in sovereigns—it was in my hotel where I then was, the Blenheim-hotel in Bond-street—I was staying there alone, I think about a fortnight—that was the first time I had staid at the Blenheimhotel—he gave it me there—he lent it me there—my father, I understood, repaid him immediately afterwards, a few days afterwards—this was ten years ago—I called on him again, when I came to reside in London, in the year 1858—I brought a letter of introduction in 1832—I did not deliver that to him at his house—I think I inclosed it to him, saying I would call at a certain hour the next day, which I did—it was six yean after that visit that I asked his advice about my sister's money—it was a very few days after I came to town, in 1838—my sister was then in Ireland, in Belfast—her money was in Ireland—he recommended that I should invest it in a rentcharge it was at that time he told me that in the meantime he would take the money, and allow me more than the government—I know nothing about what the funds yielded then—I made no comparison—the first advance was Nov. 5th, 1838—my sister remitted the money to me through my father—I gave it to Mr. Smith—I got it from my father as the channel of conveyance of it—the 550l. I advanced on Nov. 5th, 1838, I received from the hands of my father—he was then living at Belfast—he inclosed it to me in a letter—I received it by a remittance—it was in Bank-notes, generally, I think Bank of Ireland—I took no memorandum of them whatever—I have not got the letter covering the remittance—I did not take any particulars of what the notes were which I delivered to Mr. Smith—not of how much were Bank of England, and how much were Bank of Ireland, or the amounts; no particulars whatever—I handed Mr. Smith over the identical notes precisely as I received them—he adverted to various family things at the time; I cannot remember them—he spoke of his high respect for my father, his knowledge of him, and so forth—I forget what memorandum or security I took in 1838 for the 550l. except by reference to my memorandum-book—I want the memorandum book and 'I O U'—that was delivered up to the late Mr. Smith on the 23rd of Dec., 1889—I received the interest on the sum, which I have already stated, before the next transaction occurred—the first entry was made in this book on Nov. 5th, 1888—this book was begun at the time—the entries were made at the time they purport to bear date—the acknowledgment I took from Smith for the advance of 550l. on Nov. 5th, 1888, was an 'I O U'—on the 23rd of Dec., 1889, he had paid all arrears of interest—there was no interest between Dec., 1839 and Aug.—not between Nov. 5th and Aug. 12th—I received interest on the 28rd of Deo. 1839, and on the 1st of Aug., 1839, I gave him the further sum of 450l.—I got that in the same manner—a remittance by my father to me, by Bank-notes—generally all the monies were Irish, sometimes there were English notes among them—the entries in the book were made from time to time according to the date they bear—they were generally Irish Bank-notes, but some English Bank-notes, and I always handed over the particular monies I received—I took no particulars at the time any more than the former—the voucher I took on that occasion is expressed in the book, an 'I O U'—my sister was in Ireland at the time—this is my writing, with the exception of the signatures—it is, 'In an agreement, this day, Mr. Smith gives Miss Bailey his note, on demand, for the above 1000l. at 4 per cent, and he also paid in cash to her, up to this date, 23rd Dec., 39'—that is the only document—the note is not in existence—it was given up to him—that note was given up on the morning of the day on which I received the 'I O U' from him—the 'I O U' on the separate paper, I think, allow me to look at the book, (looking as it,)

this note of 1000l. mentioned in the memorandum to have been given on the 23rd of December, 1839, was given up on the receipt—the date is the 12th of August, 1841—the note was given on the 23rd of December, 1839, and given up on the 12th of August, 1841—I received the 32l. interest from Mr. Smith I have already adverted to—that is the only amount I have ever received from him—I think I gave him a voucher for that—it was his own book that I signed, a book with a very few leaves, evidently not a book that he used in his business, a book specially for the purpose of my sister's account, not a book of the same character and description as this—it was an 8vo or 12mo size, bound in dirty leather—it contained no entries of other matters than those relating to my sister, that I observed—I received the 32l. interest at the date of that book, in December, 1839—I came to a settlement with him—the book was the only document between us, that I know of—he then put both the 'I O U's there, and the promissory note, I think, it expressed there—the words 'to her' in this promissory note were interlined by me at the time—the arrears of interest were paid to me in cash—I showed him the letters that I had received from my father and sister in reference to this subject—I have not one of those letters now—I should observe that Mr. Smith had had himself some conference with my father on the subject, but I do not know what; some correspondence, I should say—Mr. Smith corresponded with my father—his letters are not in existence, that I am aware of—I think I should know his handwriting, I am not sure, I should be pretty sure of it—my recollection has always continued the same on the subject—the next transaction is 1st June, 1840, that is, 'To cash to Mr. Smith, on his note to pay 4 per cent, interest, 1200l.'—I got that money in the same way as the preceding, a remittance from my father by letter, partly by Irish and partly by English Bank notes—no particulars were taken—I always handed them to Mr. Smith in my own house—all the money I advanced to him was in my own house—I think the book says the voucher I took for that sum was a promissory note—(looking at the book)—yes, his note—another note for 1200l.—that was handed up, returned to Mr. Smith the same day as the 'I O U' of 1841, the last one, was given—that was on the 12th of August, 1841—I counted the Bank notes I handed to him—the Irish and English Bank notes I handed over to him precisely amounted to the sum I have mentioned—I never got one of the Irish notes changed, and what proportion was English and what Irish I cannot tell—they came to me in halves, by two remittances, a half at each time—I pinned them together—I never put my name on the back of any of the notes—I never thought of it at all—I cannot tell you the amount of any one of the Irish notes forming the 1200l.—they were all large sums—the general sum was a 100l. note—the next transaction was on the 1st of January, 1841, entered in the book in this way, 'To cash to Mr. Smith, on his 'I O U,' to pay 4 per cent, interest, 500l.'—I had an 'I O U' that was returned in the same way—we came to an adjustment on August the 12th—it took place at my house—my sister was at that time in Ireland—I met him a few days after that settlement, as I was going in the direction of the British Museum—the date when we met specifically for business is given there, according to this book, the 9th of September—we had a settlement on the 12th of August, 1841—we next met to transact business on the date of the promissory note, the 9th of September—the settlement took place on the 12th of August at my house—I next saw him in the evening, to get the 'I O U'—we met in the vestry-room—the name of the friend in London who advised me to require a bond is Mr. Payne, he is now dead—I am sure of that—he was a private gentleman, he lived in Jermyn-street—he resided there constantly for years

—he died some time last August—he was not a professional man—he was a private friend of my own—I did not advise with any professional man about the security for these large sums for my sister—the promissory note was given at my own house in the morning, and the 'I O U' in the vestry in the evening, at different dates, as expressed in the documents themselves—I suggested that a more pleasing security should be given than an 'I O U,' and he consented to give the promissory note—the 'I O U' was retained when the promissory note was given—I suppose that must have been through an inadvertency, and besides that, here is the letter of the 9th of September—no person was actually present in the room with me on any of the occasions when I paid any of this money, though I have learned since there was one in an adjoining room—I cannot say there was any one present who saw me pay the money—I have adverted to a circumstance, which I presume will come out in evidence, that there was a person present in an adjoining room, there being folding-doors, so as to hear what passed—that was the maid-servant, Laxton, who I have spoken of—she heard what passed—she did not hear through the folding-doors—I believe they were open, as 1 have expressed myself—she was, in fact, in the back part of the room, which communicated by foldingdoors, and they were open, so that I should suppose she had a perfect opportunity of seeing all that patted—she said so—I was then living at No. 7, Lower Grosvenor-place—it was in the back room I paid the money—she was in the front room—the sums I have mentioned were paid at my different residences—I saw Mr. Smith a very few days before his death—I think ten days, perhaps—I have a doubt of any person's handwriting, except I acutually see them write, but I cannot say I have ever felt any doubt in my own mind of Smith's handwriting—I applied to several persons, after Mr. Smith's death, to see his handwriting; one person I particularly remember, a Mr. Bealby—I borrowed papers of him in order to see Mr. Smith's handwriting—perhaps I may have aaid to Mr. Bealby that he was an illiterate man—I adverted to the rumours that were about him—I never told him I understood Mr. Smith could not write his name, not in so many words—upon my solemn oath. I could not have said in any form of expression that I understood Mr. Smith I could not write his name—I have not seen Mr. Bealby in Court to-day—I did not say to him that I understood Mr. Smith was an eccentric man who had left a large fortune; that he was a very extraordinary man, and could not write his own name, nor to that effect—I have no recollection of expressing surprise on Mr. Bealby telling me he could write his name, for he had done business with him, and had got his writing in his possession—I will positively swear I did not—I did not say to him in effect I should like to see his handwriting as a cariosity—I asked him purposely for his handwriting, as I have in other instances—Mr. Bealby, at my request, fetched down papers in his handwriting—I told him I wished to show them to a friend, not as a curiosity, but, I think I said, to test his signature—I did not say a word about having his handwriting—I hinted at having knowledge of Mr. Smith, and I said that a relation of mine had many transactions with him, in a very general and superficial way—I asked him for the papers to show to a friend, but not as a curiosity—I kept the paper that he lent me with the handwriting upon it a very few days, perhaps two or three days—I did not Speak of Mr. Smith as a person utterly unknown to me except as an eccentric character from public report—I kept the papers a very short time, two or three days, I should think; it might be another day—I returned them immediately—this is one of the papers I borrowed of him with the signature—he showed me this other, at least he showed me something like it—I cannot say it is the precise one I borrowed—I showed them to Miss Walker, my sister-in-law, and a

Mr. Brown, a clergyman—he lived off Oxford-street, in a street leading out of Oxford-street, I cannot remember the name of the street—he was not a clergyman fixed in London, he was staying for some time on a visit in town, an old friend of my family, to whom I mentioned all the circumstances—he is a clergyman without any office—I cannot tell where he is to be found—he is an Irish clergyman, I think, of the University of Dublin—perhaps he is in England perhaps at Cheltenham now—last January was the last time I saw him—it was at my own house—he is a person of independent fortune, has no fixed residence, and has not had for many years—he is not attached to the University except as an ordinary graduate—I do not know at the present time when is his residence, except at Cheltenham—I have not seen him since last January—I have not corresponded with him—I showed him the paper in my own parlour, and at the same time showed him these papers, the documents of my sister—he recommended me to look at the writing, in consequence of something particular he had observed in the documents themselves—it was in January I saw him last—I saw him on the 10th of Oct. in the last year, when that circumstance occurred of showing him the different documents—he recommended mended me to get some other handwriting, because there was something particular in the documents; if you must know it, it was a discrepancy he observed in the signatures, between the 'I O U' and the memorandum—book; I mean a discrepancy in the three signatures, the signature of the 'I O U' and the two signatures in this book—I was consulting with him on the matter, what should be done—he asked to see the documents I then had in my possession—he himself remarked the discrepancy—he recommended me to go to several places, and, if possible, to get what was certainly his real signature, to see if he varied bis handwriting, to get his acknowledged handwriting—I went to several people for it; I do not think I can remember their names—very recently I have inquired of a Mr. Gibbons, of Mornington-crescent, where his property is—at the time when my friend wanted to compare them I went into two or three shops, as an urgent case, to know if they had any commercial transactions with the late Mr. Smith—I went in as a stranger to strangers—I remember I went into an iron-shop in Seven Dials, but I cannot remember the name of any person I applied to, further than that I did go into two or three shops at Mr. Brown's suggestion—the person said he knew nothing about him, and had nothing to do with him—I applied to Mr. Gibbons, of Mornington-crescent, and through him to Mr. Lewis—I am quite sure I got no other handwriting, after the death, than these documents—I got no specimens of Mr. Smith's handwriting but from Mr. Bealby—Mr. Gibbons is a private gentleman in Mornington-crescent—he lives there now—I do not know who Mr. Lewis is—I got Mr. Gibbons to apply to Mr. Lewis—I referred to him in the same way—I said to Mr. Gibbons, or rather to his family, for I did not see himself, that it was very desirable to have as many documents as possible—I got none from Mr. Gibbons—his daughter applied to Mr. Lewis—I know nothing of Mr. Lewis, except as Mr. Gibbons's family mentioned him as a gentleman of high respectability—I cannot tell who he is, except a private gentleman, for I never saw him—he lives at No. 12, I think Crescent-place is the name, round the corner of Mornington-crescent—I applied to Mr. Gibbons on that subject a few days ago—I have not personally made applications for specimens of his handwriting between the time of my application to Mr. Bealby and my application to Mr. Gibbons—the solicitor in the cause has—I always wrote to my father how I disposed of my sister's money, lent to Smith—I have not one of the letters which I wrote to him, stating such a transaction—my father died in June last year, I am one of his executors—I did not see any of my letters to my father, telling him I had lent Mr. Smith my sister's money—my father left an immense mass of general correspondence, but I did not see any among

them connected with this affair—my sister was living in the same house with my father—the gentleman who advised me to get the handwriting, when in London, had apartments in an hotel, in the neigbourhood of Oxford-street, I do not know where exactly—I never called on him—I seldom called on clergymen who call on me in town, for I should have nothing else to do—I have mentioned he was an old friend of the family—I did not call on him on the last visit, certainly—I have called upon him at Webb's Hotel in Piccadilly, but not the last time—I did not call on him at that hotel in January—it was somewhere in Oxford-street, or its immediate neighbourhood, where he was stopping, in October—during all this, I never thought of advising with any professional man at all, as to the validity of my documents, or as to the proper security to take for my sister—my sister has always been in Ireland, with the exception of visits to England—I have no correspondence of my sister or any of the family, in which I mentioned having lent money to Mr. Smith—I wrote to my sister once about this matter, about the matter being put into the present solicitor's hands—I think I have already observed, that I did write to her about calling on Mr. Smith, and that the money was to be put into his hands—I cannot produce any such letter (I wrote to my father) my sister has either mislaid or destroyed the letter I wrote to her in Ireland—I have stated, according to my note-book, how much of the 175l. I paid to Mr. Smith in August—I paid him 32l. 7s. 2d. in positive cash—the difference between 175l. and 32l. was the interest he paid me—he paid me in sovereigns, at my own house—I think he had a purse—I did not observe—he paid them to me, and I handed them back again—he counted them down to me—as my father was dead, I got the money for that from my sister—when I was in Ireland, she wished to have some little matters in London connected with her mourning, and she gave me 50l. in sovereigns—I cannot say that thirty-two of those identical sovereigns were paid over to Mr. Smith, for I had money of my own—I returned from Ireland on the 1st of August—I did not give my sister tiny voucher for that 50l.—I cannot say that 1 wrote to her to tell her I had adjusted her concerns with Mr. Smith, and had got his note for 2,875l.—I inclosed that promissory note in a letter to her, but I think I hardly mentioned or adverted to the fact—I know I transmitted it to her—she has not got the letter that conveyed this note from England, so as to show it existed at that time—that was one of the first posts after the 9th of Sept.—I only sent her this note—I do not remember that she answered, acknowledging the receipt, except that she had received my letter of such a date—I have not that answer—she was writing to me almost every day about family matters, and no doubt I was in my mind satisfied, from her adverting to the receipt of a letter of such a date—I do not say literally I did not mention that I had sent it, but I keep no copies of letters—it is very likely I said, 'Inclosed is Mr. Smith's note'—very likely I did—my sister came to England in the latter end of January, or the commencement of February, in this present year—I wrote to her to return the note—that letter is not in existence—she inclosed it immediately—that letter is not in existence—I have looked carefully for all those letters, but I could not find it—I looked for it immediately upon hearing of the death of Mr. Smith, it being necessary, I conceived, to demand the money—I think I got it back by return of post—I do not know whether Mr. Smith kept large sums of money by him—he never adverted at all to his private affairs, except that he generally spoke of his opulence, his properties—I heard of the fact of Mr. Smith's death, I believe, the next day—I did not read it in the newspaper—I was passing through that street, and I noticed some persons at the door, I was attracted by their manner and conversation, went and stopped for a moment, and they told me that the old man who had

lived there was dead, and I learned that he had died, I think it was on the preceding day, ox two days—it was the latter end of September last year—the late Miss Walker and my father knew Mr. Smith, and have seen me in his company—I have already mentioned one female, who saw him at the chapel, and the servant in my own house—those are the only persons that I remember, Q. Was the clerk there when you went to the vestry? did the clerk see you? A. Oh that has brought it fresh to my memory—I forgot the woman of my chapel—the chapel woman saw him, to know him—she saw him in my company—her name is Mrs. Lee."

" Re-examination by MR. SERGEANT CHANNE L. Q. Now, you have been asked certain questions with reference to an application you made to Mr. Bealby? A. Yes, I have told you every thing I can that passed between me and Mr. Bealby—I cannot say when I first applied to him—I took no record of the fact at all—it was after the solicitor in the cause was instructed to proceed—I cannot remember the date, some time I should say in the count of October—when I gave the solicitor instructions to proceed, I placed the documents in his hands—I cannot say to a week how long after that I applied to Mr. Bealby, from my not taking any record of the date, but I have a thorough recollection it was after the suit was commenced, after the solicitor had been instructed—upon my father's death I went to Ireland, and staid there with my sister two months, in the same house—part of the time I was in Dublin—I had an opportunity of seeing her from day to day—she was my father's executrix—the other executor has not acted—my father left a great mass of correspondence of a general character—I saw that in various parts when I was in Belfast—I have had no means of looking over it since I left Belfast—I arrived in town on the 1st of August—I have not seen the correspondence since."

HENRY COX HIPPISLEY JUSTINS . I am clerk to Mr. Flower, the attorney for the prosecution. I was present at the trial, before Lord Chief Justice Tindal, when Dr. Bailey was examined—this, marked "C," is the "I O U" produced by Dr. Bailey, and this "A" is the promissory note he produced—this is the letter and book "D" and "E," produced at the trial.

JOHN BEALBY . I live in Little Queen-street, Holborn, and am a builder. I was acquainted with the late Robert Smith for thirty-five or thirty-six years—I remember his death—I buried him—I knew Dr. Bailey before that—I had restored his chapel, which was damaged by fire, for the fire-office, and became acquainted with him in that way—he called on me, I cannot my what time, but I am satisfied it was very soon after Smith's death—he introduced himself, as far as I can remember, relative to a little bill he owed me for work I had done at his own house—he then said, "You have heard of the miser's death in the paper?"—I said, "Yes, I happened to bury bim"—he said something to this effect, "Why, the paper says he left 400,000l. behind him, and I believe he could not write his own name"—I said, "Yes, sir, that is wrong, for I had known him many years, and I thought 40,000l. nearer the mark; I was surprised at the report in the paper; and I said as to writing he could write as well as himself or me—I took a book off my table, and showed him his writing in it for twenty years—I suppose it was a memorandum-book—the Dr. went more fully into the character of Smith, and I was disposed to give him an account of his character, life, and behaviour; I said he was a very singular character, that I was indebted to him between 4l. and 5l., and it was only a few days before he died that I paid him; that when Mr. Smith was indebted to me 200l., I could not get the money, but he said I should work it out, and when the debt came that I owed him 4l. 15s.

he applied for it—the prisoner said, "Have you got that document?"—I said, "Yes"—I took it out of my cupboard, and showed him the receipt and bill—these are them—he said it was a curiosity, would I allow him to take it away?—I allowed him to take them both away—he took them away, and wished me good morning—this is the bill and receipt—it is made out to me—made out to wind up the account—the receipt is in Smith's handwriting—Dr. Bailey kept them one or two days—I think they came back on the third day—I have known Smith thirty-six or thirty-seven years—(looking at the promissory note)—this is certainly not in Mr. Smith's handwriting—the body of the note I will swear is not his handwriting, and the signature I do not consider is his—I will not swear it is not his, but I do not believe it is—I certainly do not believe this "IO U" to be Mr. Smith's handwriting.

Cross-examined by MR. CLARKSON. Q. Did you ever swear this conversation was three months after Smith's death? A. Never, nor that I believed so—I never swore to time—I was asked about time, but said on every occasion I could not swear to time—I have never said I thought it was about three months after the death of Mr. Smith that the conversation took place—I never intended to swear any thing of the kind—I could not swear any thing of the kind—I never could recollect the time, and my belief is I never swore it—I never intended to swear it—I am confident I never stated any period—it was put to me over and over again to say a date, but I could not, I never swore to a specified time—it never was my intention in any shape or way to give a time—I will neither swear it was or was not three months after—he said the papers stated the miser died worth 400,000l. and he could not write his name—that I positively swear—he did not say 40,000l.—my remark was 40,000l., for knew his manner, character, and life—I will swear the amount the prisoner named was 400,000l.—it was a long coversation, of about three quarters of an hour—it is impossible for me to say all that took place—400,000l. is the amount I will swear to—the 40,000l. was my remark—I was startled at the amount he named—I will not swear, I have not sworn, he mentioned 40,000l., but 400,000l. is what I intended to convey—I cannot swear how long after Smith's death this conversation was—the impression in my mind is it was very soon after—I will not swear the signature to the promissory note is or is not Smith's writing, but if this was brought to me as a cheque I would not pay it—I can say no more—I am not in the habit of having cheques handed to me, but have very often seen his writing—the signature is very much like his writing indeed—the "Rob" I do not consider is as bis signature is usually signed—the "Sm" I think is very much like it—the whole of "Rob." appears to me not at all his signature—it is not like the character of his writing—I should say the "R" is certainly not formed as his; the formation of the "R" and "b" aie stiffer—the "Robert" altogether does not appear his handwriting—it does not appear the same kind of letters—I cannot tell you the difference exactly, but it does not appear the "Robert" of the deceased—it differs in every respect I consider—if that was taken away from "Smith," I should say it was not his signature at all—the" Robert" is altogether unlike bis writing—I should think every body would see it at once—I should certainly think the signature to the "I O U" is not his neither "Robert" nor "Smith"—I should consider them not at all like it in my shape or way whatever—it is not a good imitation—it is an imitation as for as the number of letters, but in no other way—I do not consider either "Robert" or "Smith" are like his writing—it is some time since I saw Smith write, but I have got his writing, notes and orders from him—I cannot say when I had the last—the receipt was given six or eight weeks before his death—I did not see him sign it—my man went fox the money—I buried Smith in Oct.

MR. HUMFREY. Q. You believe the receipt to be his handwriting? A. Yes

—the man brought it to me—I am confident it is his writing—I have had it over and over again.

JAMES ROBERT BAKER . I am a stock-broker. I acted as the broker of the late Robert Smith, the last ten years of his life—I made purchases of stock for him—at the time of his death he had stock to the amount of about 14,000l. or 15,000l.—I had many opportunities of seeing his writing, and have seen him write—(looking at the promissory-note)—I cannot say much about the body of this—the signature is something like his, but is not bold enough, I should say—my belief is it is not his—(looking at the "I O U")—I do not believe the signature to this to be at all like his.

Cross-examined by MR. CLARKSON. Q. Had you been in the habt of seeing Smith write during the latter part of his life? A. I have—the last time, I should say, was within about six months of his death—I should not say his hand had changed—it was always the same—I should say this receipt is his, to the best of my belief.

Q. Is not the signature to the promissory-note the more bold of the two signatures? A. I can only speak to the best of my belief—I think one is more round—I may not be a judge of boldness—I should say the receipt is most bold—I think the "Robert" and "Smith" in the promissory-note are one as like his as the other.

JOHN WALKER WILKINS . I am a surveyor of pavements, residing at No. 26, Grove-street, Camden-town. I knew the late Robert Smith about seven years, and was acquainted with his handwriting—I have seen him write—I do not believe the signature to the "I O U" to be his, nor the signature to the promissory-note.

Cross-examined by MR. CLARKSON. Q. Look at the promissory-note and receipt, should you think the receipt was signed by the deceased? A. They are very much alike—the receipt is like his, and to the best of my belief it is his—there is a sufficient difference between that and the promissory-note for me to believe it is not the same—there is a stiffness, a schoolboyness about the promissory-note, more particularly in the two last parts of the "m" in "Smith"—I do not observe any particular stiffness in "Robert"—I have seen him write several times, but not to have any of his writing, except an agreement—I never saw what he wrote on any occasion, but the agreement—I saw him execute an agreement in 1838.

MR. HUMFREY. Q. On what occasion have you seen him write? A. I have seen Mm write at his own house—I used to call weekly at his house for money, and have seen him write, and seen his writing, which enabled me to form a belief of his handwriting.

WILLIAM IERON . I am a carpenter and builder, and have a shop in Alfred-mews, Tottenham-court-road. I knew the late Robert Smith, and had transactions with him in business for about four years—I was acquainted with his handwriting—I do not believe the "Robert Smith" to this promissory-note to be his handwriting—I do not believe the signature or any part of the "I O U" to be his handwriting—I was present in the Common Pleas, at the trial of the action of Bailey against Smith, before Lord Chief Justice Tindal, and heard Dr. Bailey examined partly—I heard something stated about the 12th of Aug.—I never knew till then that either of these documents were supposed to have been signed on the 12th of Aug.—I heard Dr. Bailey say something respecting the "I O U" being given on the 12th of Aug., which is my wedding-day—I remembered on the evening of my wedding-day in the Aug. before Smith's death, seeing him about ten minutes before seven o'clock in Stanhope-place, Mornington-crescent, Hampstead road—he was there with me to arrange certain works which were to be executed—I was doing carpenter's and joiner's work for him there—he remained

there with me till about ten minutes to nine—I was in his company that night from ten minutes to seven till ten minutes to nine—I then accompanied him all the way down Hampstead-road to the King's Head, where the omnibuses stand—he was going towards home—we parted as St. Pancras clock struck nine—he was in my company till two minutes after nine—my foreman was there—I think the foreman left about half-past eight.

Cross-examined by MR. CLARKSON. Q. Look at this promissory-note, is it like Mr. Smith's handwriting? A. No—there is a resemblance—I should say more in the word "Robert" than "Smith"—"Robert" is not very like his—he did not make his R in this way—it is a very bad resemblance—he did not make them in this way, but more round and wider strokes—a bolder and plainer hand—he did not shape his R's in this form—I very often saw him write and sign his name—my wife is not here—I believe the 12th of Aug. was a fine day—I cannot recollect whether it had rained—there was none from ten minutes to seven till after nine—there bad not been a storm with thunder and lightning—I did not get wet through, and change my clothes—I perfectly recollect that—I was out on business, but did not take an umbrella that day—my foreman had been at work that day for Mr. Elliott, at two houses in Glo'ster-road—I dined at home with my wife, nobody else—the workmen had left the building at six—the foreman came there by my orders to meet me and Mr. Smith, to plan the work—I had seen my foreman at Elliott's at twelve o'clock, which is about half-a-mile from Stanhope-place—I went to Stanhope-place on purpose to meet Mr. Smith—I had been in Rutland-place, Hampstead-road, where I was building—it was on Thursday—I have not looked at the almanac to see that—nobody told me it was Thursday—I recollect the day—I have not talked to the foreman about the day—my attention was first called to the 12th of Aug., in the Court of Common Pleas, on the 8th of July, 1842—there was nobody else at Stanhope-place but a little man named Clark, who was taking care of Mr. Smith's houses about there—he is now on the premises—Smith and I were talking about the building and the staircase—we did not go to any public-house—we were not from the buildings and adjoining ground all the time—I did not notice anybody on the ground but Clark—I do not recollect meeting anybody in Hampstead-road—I should say it was dusk before I left the building so that we could not see a line which we were drawing on the boards to plan the staircase—Smith did not get into the omnibus—we did not shake hands on parting—we had no conversation in the foreman's presence, but on business, planning the staircases, sashes and frames, and the height of the principal part of the buildings—Smith and I differed about the plan of the staircase—the foreman was of my opinion—Smith gave in to our plan after a great deal of consultation—he was hard to be persuaded—we were differing about the staircase an hour and a quarter—I made the marks on the board—neither my foreman or Smith made any—the board lay on the floor of the front parlour—the sashes had not been fixed—there was no door to the house—it was quite open—the floor was not laid—I do not choose to say what was Smith's suggestion about the staircase.

MR. HUMFREY. Q. Where were you married? A. At St. George's, Hanover-square—my wife's maiden name was Clara Basin.

EDWARD BYARD . I am clerk to Mr. Flower. I examined the register of marriages at St. George's, Hanover-square, on the 9th of July, the second morning of the trial—this certificate is a correct copy of the register—(This certifyed that, on the 12th of Aug., 1822, William Hieron was married to Clara Basin.)

JOHN EDDY . I am a carpenter and joiner, and foreman to Mr. Hieron. I recollect meeting Mr. Robert Smith at a house in Stanhope-place, in 1841—it was in

August, and I judge it to be the 12th, as my employer came and took me from a job to Mr. Smith's job—I got to Stanhope-place from a quarter to seven to seven o'clock—I remained with them an hour and half, till half-past eight—I left them there—Mr. Smith did not go away all the time I was there—I was with them most of the time, till half-past eight.

Cross-examined by MR. JONES. Q. Had you seen Mr. Smith and you master together before that day? A. Yes, several times before and after, in the evening and morning—I did not make a memorandum of this meeting—I have since ascertained it was Thursday by the almanac—I looked to see what day the 12th of Aug. was—nobody told me to look at the almanac—I looked a few days after I was last at Bow-street, in December—I could not before that tell the day of the week—I swear I have not talked with Hieron respecting the day—I have talked with him about this affair only once, and then it was trifling—I looked at the almanac at my own house—he was not with me—I did not show him the almanac—on the 12th of Aug. Mr. Smith and Hieron were talking principally about the staircase—we intended to carry the plan out different to the other house—Mr. Smith held out several objections, for a long time—I do not recollect what weather it was—I left Smith and Hieron on the premises—it was half-past eight o'clock, which was after my time, and I thought they would not want any more of my services—I know it was not after seven o'clock that I met them, for Mr. Smith said Mr. Hieron never kept his word—he was rather behind his time—I did not look at my watch, but I count by the time the men left work, half-past six—they were making extra time—I do not believe that any body was on the premises but Smith, Hieron, and me—we went outside, in the garden ground, planting things—I do not recollect seeing any one there—I know Clark—I do not recollect seeing him there—he might be outside waiting to speak to Mr. Smith, but he was not with us—some of the sash-frames were put in at that time, but not the glass—no doors were hung—the street-door was not up.

Q. When was your attention called to this particular day after it passed? A. The evening before I was called to the Court—I was not asked about it till after Mr. Smith's death—I attended the trial on the 9th of July.

JAMES SMITH . I am the brother of the late Robert Smith. He resided at No. 12, Great St. Andrew-street, Seven Dials—he died in Sept., 1841—I was first applied to about a promissory note in Oct.—I do not believe the signature to this promissory note to be my brother's handwriting—I do not think the signature to this "IO U" is at all like his—I received this paper (marked F) or one like it, from the witness Carney—I handed it to Mr. Justins, Mr. Flower's clerk.

Cross-examined by MR. CLARKSON. Q. Were you and your brother much in communication together before his death? A. Very much—I saw him the day before he died—I was not at his death—he was not then in good health—I saw him at his own house, in Great St. Andrew-street, in the front parlour—I think I spent the greater part of the day with him till towards evening, when I had to return home—I dined with him that day in the parlour—I have seen this promissory note before—I saw it at Mr. Hill's office, and I pronounced it to be a forgery, and so I do now—it is decidedly like my brother's writing—it is decidedly an imitation of it—it is pretty much like the writing certainly—it is a good imitation, I should say—I cannot say whether a person less acquainted with him than myself would pay a bill upon it—I should say no—if I did not look critically at it 1 should suspect it—I should certainly say it is a pretty good imitation of his writing, but it wants the freedom which was peculiar to my brother's writing.

Q. What is the name of the gentleman who is coming to tell us that it has been traced? A. I do not know—I have no knowledge of the gentleman—I

heard him examined at Bow-street—I do not think I ever beard his name, but once, and I do not recollect it—I should say the "R" is shaped pretty much as my brother shaped his—I cannot exactly point out the difference, without I had another name to compare with it—I should say it is very stiff writing—it is not written with that freedom which characterised my brother's writing—I think the letters are very much after the same as my brother's writing—I think it is a very good imitation.

Q. Now, of the two, which word is most like, the word "Robert," or the word "Smith?" A. If you want me to enter into discrimination with re-gard to the letters, I should say the letter "m" in the "Smith" detects the forgery—it does not possess that peculiar roundness that my brother's writing did—the "m" is very badly done—I should say it is a very bad "m" altogether—I cannot say as to its being different in form, but it is a very much worse "m" than my brother generally made—it has not that bold round character—it is not quite so round.

Q. Is it palpably so? A. I really do not exactly know what you mean by "palpably"—I have been a schoolmaster—I do not understand what you mean by "palpably" in relation to this—the general acceptance of the word is "feasibly," I should say—the signature has a stiffness of character through the whole of it, which is not at all peculiar to my brother's writing—I am speaking of the whole character of the signature—the stiffness is the principal thing I speak to—I do not know anything else—this receipt is his hand writing—that I detect at once—there is more freedom in this, and you will particularly observe, with regard to the "m," that there is more roundness—the signature to this receipt is decidedly bolder than the signature to the promissory note—there is more roundness and freedom of turn—I have not got any more of my brother's handwriting with me, nor caused any to be brought—I have plenty at home—my brother died without a will—I am the sole next of kin—I am his own brother, therefore I am the next of kin, and he has a sister—if Dr. Bailey had succeeded in the action at Guildhall I should We been 3000l. the worse—my sister is not here—I have several other relations living in London—one of them is here, Mr. Brown—I have nine relations living in London besides my sister—my sister lives in ray house—I have a wife, but no children—my family consists of my wife, my sister, and two servants—the greater part of my relations live in Mornington-place, and a portion of them in Russell-street—all the family are, I believe, on the most friendly terms; at least, I have no other feeling towards any branch of my family but of the most friendly kind, and that was so with my brother in his lifetime—he dined at my house the Sunday before his death—all the family were on good terms, friendly, and visiting each other—I am the prosecutor of this indictment.

MR. HUMFREY. Q. Is your sister in a fit state to be brought as a witness? A. By no means, I am sorry to say—I never heard or knew of any intimacy existing between my brother, or any part of my family, and Dr. Bailey and his sister—I never in my life heard his name mentioned until the subject of the note was brought forward, or his sister, or any relation.

BRYAN CARNEY . I know Dr. Bailey—I first spoke to him when he came up to me in the Brompton-road—I have been a mason's labourer a long time; then, getting old, I took to selling fruit, and I was selling fruit at the corner of Brompton when Dr. Bailey came to me—I had never seen him till he came up to me there—I did not take notice when it was, but as far as my judgment goes, it was about the 1st of October last—he at first said, "It is a fine day"—I said, "Yes"—he said, "How do you get on with your work?"—I said, as well as I could, but not

so well as I wished—he asked how I was situated—I said I had a large family, and the eldest helped the youngest—he said, "Have you been long in London?"—I said, "Between nineteen and twenty years"—he said, "Are you in any way experienced in a law-suit?"—I said, "No, I am not, I never liked it, or any one that was given to it"—he said, "What made me ask, I had a law-suit in hand three months ago, and I was defeated for want of one witness; the opposite party had three witnesses, I had hut two, and so I was defeated; will you become one?"—I looked at him, and admired what he said, and stopped for ten minutes—I said, "Yes," to see what was his motive for asking me the question, he never having seen me before—he put his hand into his pocket, gave me a shilling, told me to call at his house the following day at ten o'clock, at Caroline-street, Coleshill-street, No. 73—I called next morning, and saw him in a room in his house—he began to tell me what I should do—he said, "Mr. Smith's counsellor will attack you very close, and do you know what to say?"—I said, "I do not know what to say"—he said, "Well, I will write it down for you; can you read?"—"I can read," said I—he took a paper, and pretended to be writing,—whether he was writing or, not I cannot say, but he had a pen and ink over a paper—he was on the other side of the table—he read it for me, and told me to read it myself, which I did—he said, "Well, take it home, get it by heart"—I should know the paper again which he gave me—this now produced is it (F)—no one but me saw it—I did not let friend or foe see it till I gave it to Mr. Smith—Dr. Bailey had taken down where I lived when I called at his house, and four or five days after he called at my house, and told me he wanted me to go down to St. Mary Axe, and he gave me a note to a solicitor of his—I took the note there, and Dr. Bailey came in five or six minutes after me—he told me every thing I was to tell his solicitor before I went there—I told his solicitor more than I can recollect now—I did not mind to keep it in my recollection since that, there were a good many words in it which I did not think anything of—I remained with them as much as three quarters of an hour, I believe.

Q. How soon after this did you see Dr. Bailey again? A. I cannot tell you; to tell you the truth, I only wanted to get rid of him, and his business did not take the least effect on my mind—he called at my house twice, and brought me up to Hyde-park-corner, that I might not forget it—he talked to me about what I was to say—he called on me once when I was in bed—I think it was about half-past eight—I dressed and came down—I fonnd him in the house—he told me he wanted to speak to me outside—I went out—he said he particularly wanted me next day, about eleven o'clock, at the Exchequer coffee-house—every time he called on me he gave me a shilling—he gave me a shilling, and I did go to the Exchequer coffee-house, and what I had said at St. Mary Axe, was all written down before me by another solicitor, I believe he was—he asked me to read the paper—I told him to read it himself—he read it to me—I told him it was right—then they told me to go over with a young lad who was there through Westminster-hall, before a Magistrate, and my flesh crawled on my bones, and I shook.

Q. Well, did you refuse to swear it? A. I did refuse, I would not do it for a million of money—I could not do it—as far as my judgment is I received in all of him 7s. 6d.—he promised to give me 30l.

Cross-examined by MR. CLARKSON. Q. Your account then is for all you have done, or pretended or agreed to do, from the time you first saw Dr. Bailey till now, all you received was 7s. 6d.? A. That is all I received of him—I have received my wages of Mr. Justins—I received 3s. 6d. the day Mr. Justins called on me—I believe I was four days at Bow-street—it was three or four days, and I was two days here—they paid me 3s. 6d. a day for that, and that is all I received as far as my judgment goes, and 2s. they gave me the first

time they met with me—that was for bringing me over to hit office to ask if what they heard of me was right or wrong—that was before Dr. Bailey was taken—it was a good bit after I was at the Exchequer coffee-house before I opened my mind to my countrymen, and told them—I think it was seventeen days—I have lodgers, and my two boys work—I sold fruit after I was at the Exchequer coffee-house for about three weeks, but not down to the present time—my wife was unwell, and I and my family got assistance from the parish—all I have received since I was at the Exchequer coffee-house was 3s. 6d. a day, for five or six days, and 2s. when I came over to Mr. Flower's office, and 1s. more one day at Bow-street—as I had no money I asked Mr. Smith for the price of a penny-loaf, and half-a-pint of beer, and he gave me 1s.—that is all I have received of their money.

Q. Did you ever happen to go to Mr. Hill, the attorney, in Bury-street, St. Mary Axe, and ask for money? A. I did not go on speculation to get money—I asked him for the price of half-a-pint of beer when I went on one occasion, and he would not—I went there twice, and it was the last time—it was not the night before I went to the Exchequer coffee-house—I do not know how long before it was—God bless you, I did not notice.

Q. You must answer the question. A. Well, then, I wont—I never asked him for money but that once.

Q. Did you tell Mr. Hill, that you knew Mrs. Lee, the pew-opener at the prisoner's chapel? A. I did—Dr. Bailey when he met me the first time told me not to lay the case open to any body, and it would look better for me to call on Mrs. Lee, and inquire where Dr. Bailey lived, and I told Mr. Hill I went to Mrs. Lee to inquire Dr. Bailey's address—I told him various facts relative to Mr. Smith and Miss Bailey—I told him Dr. Bailey would not listen to any thing I had to say—that is what he told me to say—he told me that, without any written paper—I told Mr. Hill I first heard of the law-suit in a public-house, where some persons were drinking, and that I heard them say the Smiths had got over the Irish lady, and that they had got 10l. by the job—I signed my name to a paper at the Exchequer coffee-house—I did not tell the person with whom I left the paper that I would go over to Westminster-hall to swear it, but he told me to go over with the young lad to the Hall—I walked out with the lad, and turned home—this must have been seven or eight days after I had been with Mr. Hill, but I did not take any dates—I do not mean to swear what time it was—I believe it was better than a week after I had asked for the pint of beer—I remember the paper being read over to me.

Q. Did you say after it was read over, "It is most true, most correct?" A. I said that it was right, and then put my name to it—when I was at Bow-street, I made sure that Dr. Bailey wrote the paper he gave me, but though his character, and what I hear of him, I cannot be sure of any thing he took in hand, but he bad the pen and ink over the paper, and I made sure that was the paper, and told the Magistrate it was his handwriting—it was what I got from him—I have been a merchant before I came to this country—I used to travel with tobacco and whiskey in Ireland—I never got into trouble about tobacco or whiskey—I swear I never was before a Magistrate in all my born days, only one time when I was tipsy—I was a mason's labourer in England four years ago—I left it off except occasionally, but I worked for a Mr. Smith, six months in Five-fields—I sometimes carried the hod, and sometimes navigated for Mr. M'Intosh in the City, and laying pipes down—that is sixteen years ago—when I got work within the last four years I did it—when I do not, I do the best I can, and sell fruit—I do any work I am able to do, and could get plenty if I could run the ladder—I do not carry on

any business in my own house—about three months ago my wife took to sell green-grocery, at No. 8, Princes-row, but was obliged to give it up in about two months—she could not make a living of it—I have lived there three years next May—this time two years I was with Mr. C. Smith, in the Five-fields making up plaster for liming hair—when I got work I did it—I never went on messages, or as a porter—I was questioned before the Magistrate, by the gentleman behind you—I did not d----n his eyes—he asked me a question five times—I told him I had answered him five times—I will not swear I did not d----n his eyes—if I did there was more people in the room than you to hear it.

MR. HUMREY. Q. When you went to Mr. Hill, you told him you knew Mrs. Lee, the pew-opener, and various things; who told you to state that? A. Dr. Bailey told me to tell Mr. Hill those words, and to keep memory of it the same as if I was to be a witness to every word—he told me to keep that in mind, as I should be cross-questioned—he told me to say I first heard of the law-suit in a public-house—I told Mr. Hill nothing but what he told me, as far as my judgment goes—I swore before the Magistrate this was the paper Dr. Bailey wrote (marked F), and I made sure it was, by his having the pen and ink over it, and telling me to sit down till he had written it; and after he had done writing he gave me that paper, and this little bit of paper with a direction on it to go to St. Mary Axe with the paper; it is (reading) "Robert Smith, No. 12, Great St. Andrew-street, Sevendials."

RICHARD DIGGINS . I am a coal-merchant, and am acquainted with Dr. Bailey's handwriting. I do not know whether the direction on this small piece of paper is his handwriting—I have seen him write a good many times.

ROBERT LENNY . I am fourteen years old, and have known Dr. Bailey about three years. He sometimes employed me to write for him—this paper (F) is my writing—he employed me to write it at his house, No. 73, Coleshill-street, Pimlico—he gave me a paper to copy it from—I think this paper (G) is what I copied from—I do not exactly remember when it was; I think some time in Aug. or the beginning of Sept. last year.

NICHOLAS PEARCE . I am an inspector of police. I apprehended the prisoner, on the 27th of Nov., at No. 73, Coleshill-street, Pimlico—I searched his house, and in a table-drawer, in the back-parlour, I found different papers, which I have produced, and this book—these are the papers—this (G) is one of them. This paper was here read as follows:—

"K—n—y— I saw the late Mr. Robert Smith at Dr. Bailey's chapel on the evening of the 12th of August, 1841—Mr. Smith was an ironmonger, and lived in No. 12, Great St. Andrew-street, Seven-dials—the chapel service began at seven, and ended about a quarter-past eight—Mr. Smith was just going into the chapel before me, and he walked into the vestry—Mr. Smith came out of the vestry just before the service began, and after him came out one or two ladies; and then, in two or three minutes after, came the two parsons—Dr. Bailey read prayers, and the other strange parson preached—Mr. Smith and the one or two ladies went into the body of the chapel during the service, but I could not see them from the free-seats, where I sat—I saw Mr. Smith on the stairs as the congregation was coming out, but I took no notice of him afterwards, whether he spoke to anybody, or whether he walked home with anybody—I saw him a few days afterwards in the Park, and had a chat with him—Dr. Bailey was in Ireland in June and July of 1841—I never was in any room in Mr. Smith's house but the front-parlour—the name of 'Smith' was on the door, on a brass-plate."

MR. CLARKSON to MR. JUSTINS. Q. Did you hear Sir Thomas Wilde

state at the end of Dr. Bailey's examination, that be would bear of this in another Court? A. I do not recollect it.

MR. TOLCHER. I do not recollect it.

HENRY FLEMING . I am a cabinet-maker, and live in Terrace-court. I have known Dr. Bailey about two years and a half—I have been in the habit of doing little jobs for him—he called on me the first Sunday in last Sept.—I was in bed—my wife came for me—when I came down I saw Dr. Bailey—he wished to speak to me—I went out with him to the Wellington Cricket-ground, Chelsea—he continued with me about an hour, and said a great deal more than I can remember—he said his sister had been robbed out of money to the amount of 3,000l., and it would be an act of justice for anybody to come forward and swear that—I unfortunately agreed so to do—I lent myself to it—he said he wished me to swear that I knew Mr. Smith, where he lived, and so on; that Smith was at his (Dr. Bailey's) house, in Coleshill-street, Grosvenor-place—I did not know the late Mr. Smith at all; I never saw him in my life—the prisoner said he would give me 20l., and my son 10l., if I would swear I knew the party, as a trial had been at Guildhall, and he wanted an extra witness or two, and then they should defeat the party, and become victorious—he said I was to swear my son and me met Mr. Smith, the miser, at Queen-square chapel, and saw him come out about half-past seven o'clock, on the 12th of August; that he had not time to speak to my son and me relative to a job he was to have given my son, but that he went away to see Mrs. Grey, near York-gate, and there we were to leave one another; I and my son were to go one way, and Mr. Smith another—he said we were to swear this—unfortunately I condescended to swear it—he called at my house about three times—the second time was the next day—he called and left the Times newspaper relating to the first trial at Guildhall—he brought me the instructions in writing the second time—I destroyed that the day I saw Mrs. Bailey, after he was taken up—I kept it till then—he read every word of the paper over to me—I should know it if I heard it read.

NICHOLAS PEARCE re-examined. I found this paper (H) in Dr. Bailey's presence—he unlocked the drawer I found the paper in, and saw me take it out—(read.)

F—l—ng— I have known for twenty years the late Mr. Smith, ironmonger, 12, Great St. Andrew-street, Seven Dials—he died in Sept. 1841—he was about seventy years old, middle sized, very thin, very bald and grey hair, and a very beggarly, dirty-looking man—I have bought many things from him—before his death there was no front shop, but since his death they have pat in a front shop—the hall door was painted a dirty brown—there was a long knocker, like brass, and a brass-plate just above it, with the name "Smith" in black letters, about two inches long—I never saw any servant there—he always opened the door himself—there was both a knocker and a bell—he kept his ironmongery in a room at the back of the front parlour, but I never was in it, but I have been often in the front parlour, into which he brought any articles from the back room I asked to see—the front parlour was a very dirty looking room—there was an old carpet, an old horse-hair sofa, and some old-fashioned mahogany chairs, and at the right hand of the fire-place a book-case with a glass door, circular at top, and fixed in the wall, but there was no glass or piano in the room—on the morning of the 12th of August, 1841, between ten and twelve o'clock, I met Mr. Smith coming out at the corner of Coleshill-street, and he saw me, and called me to him, and he asked me what I was doing, and what my sons were about—I told him, as I heard he was building houses at Mornington-crescent, I would be greatly obliged to him if be would find some situation for my son—Mr. Smith told me he was in Pimlico

that morning with Dr. Bailey, in Coleshill-street, upon which I asked him, was the doctor getting iron-work done at his house—he answered, 'No, I have been with him settling some family accounts with him, I have known the doctor's father for fifty years; thousands of their money have passed through my hands'—he also told me that the doctor had come into a large estate by his father's death—I answered, I thought there must be something more than trade between Mr. Smith and the doctor, as I had seen them two or three times together in Grosvenor-place, very friendly and intimate together—Mr. Smith said he wished to see my son, and 1 asked him when he would be in Pimlico again, and he replied that he had made an appointment with Dr. Bailey to go to his chapel in Queen-square that evening—I told him I would, if possible, bring my son there—I and my son did go, but we were too late for service, and we walked about till the congregation came out—there went about thirty or forty persons came out—we saw Mr. Smith, and talked to him for about one minute near the chapel door, and I showed my son to him—Mr. Smith said, 'You may depend I will not forget it, and you will soon hear from me'—I did not hear from him, according to promise, and I called once at his house a few days afterwards, but no one answered the door—Mr. Smith seemed anxious to hurry away from us near the chapel door, and he walked off hastily towards the Birdcage-walk, and we took the opposite direction, and returned home by York-street—my son and I particularly remember it was the 12th of August, because," &c. &c. &c.

HENRY FLEMING re-examined. I am certain every word of that is the same as he gave it to me—there is not a word of truth in it, from beginning to end—he gave me that paper on the second occasion.

Q. It ends "because, &c." did be see you a third time? A. Yet—he asked if I bad any thing on the subject of the date, to fix it in any manner—I told him there was nothing to recollect the date whatever—I had various papers in a little box, which he examined—he said he wished to examine then to find the 12th of Aug., and it so happened I had a letter on the 11th of Ang. to get my eye probed on the 12th of Aug. some years before, and he found that letter from the Ophthalmic Institution—he said that was the best thing be ever saw, it would answer every purpose, that it was the exact day of the month—he called at my house again in about a fortnight, and desired me to go to the Exchequer coffee-house, I think it is called, close to Westminster-hall—I went to St. Mary Axe twice by his direction before I went to the Exchequer coffee-house, and was examined there by his solicitor—I met the doctor at the Exchequer coffee-house, and his sister, as I understood, and Mrs. Lee, the servant, Bryan Carney, the witness, and Mrs. Bailey, and three other persons I did not know—the depositions were read over there, and I signed my name with various others—I went into the Hall, and took my oath—when I went to Mr. Hill's office 1 did not take the paper with me—I showed him this card from the Ophthalmic—Dr. Bailey had promised me 20l.—I sent him this letter (looking at it) by my son—I did not receive any money in return—I have received from him, directly and indirectly, 25s.—my wife received the last money—I was not examined before the Magistrate—(letter read.)

"Orpin-place. Rev. Sir,—Pardon me sending to you, as you said as little as I was seen at your house the better; it is necessary that I should appear a little more respectable than my own circumstances will allow; I have been so distressed this last season as to be obliged to part with all my clothes; to appear before the lawyer, I must have my things from the pawnbroker's; they will take 1l. 5s. to get them; if you can let me have as much, in two ways it will further your case. I am wishing to see a builder that live in the neighbourhood of St. Giles's, can give me some information respecting

Smith. I have no wish to have more than I can pay you again; only, as you observed to me the time I may wait in attending to business. About the middle of Oct. I have, from Somerset House, an order for 4l., given me by my son, from Malta, and the principal point I have to make out is the 12th of Aug., and about that time I received from him 3l.; that I think I can get at by going to a gentleman I knew at Kensington, but I must go decent.

"Rev. Sir,—I remain your most obedient humble servant,—HEN. FLEMING.

"Thursday morning. To Dr. Bayley."

CHARLOTTE FLEMING . I am the wife of Henry Fleming, and know Dr. Bailey—I have seen him at our house three or four times—the first time was the first Sunday in Sept.—he called three times after that—my husband went out the first time with him, and was absent an hour—he taw my husband the second time, and remained in the house with him about three quarters of an hour—he saw him on three occasions, and came once when he did not see him—Dr. Bailey gave me a sovereign about a fortnight before he was in confinement.

Cross-examined by MR. JONES. Q. How long bad you known Dr. Bailey? A. I never saw him before the Sunday that he came—I am quite sure he never gave me any assistance before that to my knowledge—my husband was in distressed circumstances some time before that, and was so then—I have not received assistance from various clergymen in the neighbourhood—ladies call from societies, and give us a few tickets—I never had any clergyman call—I have had assistance from the parish—my husband followed a business till his eye was bad—he works now when he gets a job—he has sung at St. Saviour's church—he has not sung at public-houses lately—he was in the habit of doing so for some months—not in the streets, never—and never was paid for singing at public-houses—he did not receive presents from the company—I have been with him—he never received any thing but once, that was from the landlord of the George, George-street—I did not sing.

WILLIAM FLEMING . I am the son of Henry Fleming. I took a note from my father to Dr. Bailey about the 15th of Sept., and received an answer from Dr. Bailey himself, that he had not got his quarter's pay, but as soon as he had, Mr. Fleming could have any thing he required—that was all that passed.

ROBERT BROWN . I was related to the late Mr. Smith, and knew him well during his lifetime—I have examined his books to find whether there was any transaction between him and anybody named Bailey—there was not any—the books are not here—I do not believe the signature to this promissory-note to be his handwriting, nor the "I O U."

cross-examined by MR. CLARKSON. Q. Do you think neither of them like his writing? A. There is some resemblance—it is a very great resemblance—I should say decidedly it is not his handwriting, especially this promissory-note—that is the least like it.

The paper (I) produced by Pearce was here read as follows:—"G—y, 50l.; C—l—ne, 40l.; Cat—rne, 10l.; M—s—n, 10l.; K—n—y, (Irishman,) 10l.; Flemming, 20l.; B—r—by, 30l.; L. (chapel,) 7l."

MR. JUSTINS re-examined. A person named Grey was examined on the trial, and Caroline Laxton, both on the part of Miss Bailey—at the time of the examinations before the Magistrate I did not know of Fleming, not till the last examination—I saw him late in the afternoon.

Cross-examined by MR. CLARKSON. Q. How did you become acquainted with him? A. Fancying this "Fl—ng" meant "Fleming," I got the police to search the neighbourhood for a man of that name—I should say Queen-square chapel is near three miles from Mornington-crescent, if not quite so.

NICHOLAS PEARCE re-examined. I should say it is near three miles.

(The I O U and promissory note were as follows:—"Miss Ann Bailey, of 45, Upper Arthur-street, Belfast, I O U a balance of account up to this day, 12th Aug. 1841, the sum of 2,875l. ROBT. SMITH. We the undermentioned, being witnesses present, do subscribe our names at Mr. Smith's request, WILLIAM NICKSON. M. A., Thursday evening, at St. Peter's, Westminster of No. 4, Portland-road, St. Marylebone; WM. BAILEY, LL.D., clerk, minister of St. Peter's, Queen-square, West, 12th August, 1841."

"2,875l. London, No. 12, Great St. Andrew-street, Seven Dials, 9th Sept. 1841. On demand I promise to pay to Miss Ann Bailey, of 45, Upper Arthur-street, Belfast, Ireland, or order, the sum of 2,875l. sterling, with 4 percent, interest thereon, from the above-mentioned date, for value received by me in cash advanced by her on loan to me at different periods, as by settlement this day. ROBT. SMITH. Witness present, WILLIAM BAILEY, clerk, LL.D., Minister of St. Peter's, Queen-square, Westminster."

(The book produced headed "Private cash account," contained various entries of different dates, of money transactions between the prisoner and Mr. Smith, among which were the following:)—"In a mutual settlement this morning, August 12, 1841, Mr. Robert Smith has received back from Miss Ann Bailey his two notes amounting to 2,200l., and his I O U for 500l., but still unpaid. Mr. Smith has further engaged to include the above sum of 2,700l. in one security, with the 175l. now paid into his hands, amounting altogether to 2,875l. Mr. Smith has also paid in cash this day all arrears of interest due on the monies advanced to him by Miss Ann Bailey, and contracts to pay 4 per cent. interest on the above 2,875l. ROBERT SMITH. For Miss Bailey, WM. BAILEY, August 12, 1841."—"Mr. Smith, according to his agreement, handed to me last night, in the vestry of St. Peter's, Queen-square West, his I O U to Miss Ann Bailey, &c, for 2,875l. He has omitted stating therein his agreement to pay 4 per cent, interest on the said sum, but he expressly covenanted to Miss Ann Bailey to pay her such rate of interest on the whole amount of 2,875l. My friend, the Rev. Mr. Nickson, happened to be present last night, and, at Mr. Smith's own request, witnessed, along with me, his I O U. WM. BAILEY, 13th August, 1841. 73, Coleshill-street, Eaton-square."—"I received this morning a promissory note from Mr. Robt. Smith, for Miss Ann Bailey, for the full amount of cash advanced by her to him, viz., 2,875l., &c, &c. 9th Sept. 41."

Witnesses for the Defence.

SUSANNAH LEE . I was pew-opener at Queen-square chapel when Dr. Bailey was the minister—I did not know the late Mr. Robert Smith personally—I saw a man come into the chapel on the 12th of August, 1841, and ask for Dr. Bailey—I showed him into the vestry, and he went in—he did not tell me what his name was—a young woman also went into the vestry—I did not at that time know who she was—I now know it was Mrs. Grey—the man I showed into the vestry was an elderly man, in a dark coat—that is all that I can say of him—he was rather tallish, and rather stooped, to the best of my recollection.

Q. Was he thin or stout? A. He was a middle-statured man—I cannot say what age he was—the Rev. Mr. Nickson was there—he was occasionally in the habit of officiating there—there was no one else in the vestry that I took notice of—Dr. Bailey was there—there was no one there except thia elderly man, Dr. Bailey, Mr. Nickson, and Mrs. Grey—when they went into the vestry the door was shut—they remained there about ten minutes—there was pen and ink generally kept in the vestry—after they had been in the vestry about ten minutes the whole four came out—Dr. Bailey went into the desk to read prayers—Mr. Nickson went into the seat at the opposite part of the chapel, and there sat until the hymn was given out—he then went into the vestry, and

got robed—I put Mrs. Grey and the elderly man into the same pew together—they remained there during the service—I did not observe them go out after service was concluded—I had got my business to attend to.

Q. Do you know Mr. Bryan Carney? A. I saw him—he came, to me, to the best of my recollection, on the 8th or 9th of Sept.—not last year, the year before, 1840—let me recollect—no, it was 1842—he came to me at my residence, which is adjoining the chapel—he came, and asked for me in the yard—I went down, and he began to tell me a long tale that he had been in St. Giles's, and that he had heard the party of Mr. Smith—.

Q. Did he ask you for Dr. Bailey's address? A. He did—I did not give it him, as I did not know but what he came, like most, for charity—I never gave him the address afterwards—I referred him to the chapel-warden.

Cross-examined by MR. HUMFREY. Q. Who is the chapel warden to whom you referred him? A. Mr. Chibnal—I did not know Mrs. Grey at the time she went into the vestry—she was a stranger to me—to the best of my recollection that was the first time I had seen her, and to the best of my recollection that was the first time I had seen the elderly gentleman.

Q. I suppose they could not be frequently at your chapel on a Thursday evening without your knowing them? A. There were several that used to come to and fro that I used to pay no attention to—I attend to the whole of the chapel—I never remember having put them into the same seat before—if they had been in the habit of sitting in the same seat together a good many times, I should have remarked it—I can say they had not been in the habit of sitting in the same seat as much as a dozen, or half-a-dozen times they could not—the chapel is not very full of a week evening—there was very few that evening—there might not be above a dozen people.

MR. JONES. Q. Could persons come to the chapel occasionally, as many as twenty times, without your taking particular notice of them? A. No, they could not—I am the only pew-opener—I cannot say how many persons the chapel is capable of holding, it may hold 300 for aught I know—persons would not come in and take seats, without my putting them in—there are some free seats, which go from the top of the stairs, just round the corner—persons could go and sit in the free seats without my showing them there.

COURT. Q. What makes you remember this was the 12th of Aug.? A. It was the last Thursday evening that we had evening service, and the second Thursday in Aug.

WILLIAM CHIBNAL . I know the prisoner, I am warden of his chapel, in Queen-square, Westminster—I was so in Aug. last—I remember the evening of the 12th of Aug., I was at chapel that evening—I do not remember seeing Mr. Robert Smith there that evening—I saw an elderly gentleman there—I was going into the vestry, the pew-opener told me a person was in the vestry with Dr. Bailey, and I did not go in.

COURT. Q. Did you see him as he came out? A. I did not wait till the congregation came out.

MR. WILDE. Q. Do you know a person of the name of Carney? A. I have seen him—he never came to me to ask the prisoner's address—I have known Dr. Bailey about four years—since I have known him his character has been very correct in every shape whatever, as far as I have known—he has been quite eorrect in his money transactions, and in his general character—I never saw any thing otherwise.

Cross-examined by MR. HUMPHERY. Q. Was it after the service that the Pew-opener spoke to you? A. No, before, when I went into the chapel—I did not wait till the congregation came out, as I had received a note from the

Rev. Mr. Nickson, stating that he would take supper with me that evening and I went home to receive him—this is the note—(producing it.)

MR. JONES. Q. Did Mr. Nickson preach there that evening? A. He did—I know Mr. Nickson's handwriting—I have a letter which I received from him—(looking at the I O U)—I believe this name, "William Nickson, M.A." to be the late Mr. Nickson's writing.

ELLEN GREY . I am a married woman, my husband is a surgeon—I have known Dr. Bailey between two and three years—I have been in the habit of going to his house—I am acquainted with Mrs. Bailey—I know Queen-square chapel, where Dr. Bailey officiated—I have attended service at that chapel, in the course of the year 1841—I attended there several times in Aug,—I knew the late Mr. Robert Smith, I saw him attending the chapel several times—I was in the vestry-room of the chapel on the 12th of Aug., in the evening part, before the service—I saw Mr. Smith there that evening—the Rev. Mr. Nickson was in the vestry at the same time, and Dr. Bailey—I saw Dr. Bailey read over a paper which Mr. Smith gave him—I should think it was a paper similar to this—(looking at the IOU)—Dr. Bailey read it to himself—he made some objection to something in the paper, but what I cannot say—Mr. Smith said, to make it all right, Mr. Nickson and Dr. Bailey had better sign their names to this paper—and Dr. Bailey and Mr. Nickson both signed the paper.

Q. I do not know whether you actually saw the signatures, or merely saw them write on it? A. I only saw them write on it—after that was done, I left the vestry, and went into a pew of the chapel—Mr. Smith came out about a minute after me, and came into the same pew—Dr. Bailey read prayers that evening, and Mr. Nickson preached—Mr. Smith and myself remained during the whole of the service—after the service was over I left the chapel, and Mr. Smith overtook me at the Park-gates which part off the Birdcage-walk—when he overtook me we had some conversation together—I asked Mr. Smith where the money was to be put—he said it was some monies that was sent over by Miss Bailey, to be put into his hands, and it was a good thing for her, for if not she would fool it all away—I walked home to hit own door with him, No. 12, Great St. Andrew-street, Seven-dials—I then returned home—I did not enter his house that evening, I parted from him.

Q. Now, on any other occasion than that did you see Mr. Smith? A. I saw him in the July before, at the chapel and at his own house—I had seen him several times at the chapel—I went into his house once, as he was going to lend me a book of sermons—he did not do so, he did not lend me anything—I staid there about three or four minutes—I went into the front parlour—Mr. Smith was a middle-sized, very dirty-looking man, very pale and thin—I should think he was between sixty and seventy years of age—I cannot say exactly.

Cross-examined by MR. HUMFERY. Q. You say your husband is a surgeon? A. Yes—his residence was in Exeter—I cannot say where he is living at present, because he is in the habit of travelling—I do not know with whom he is travelling now—I have been lately confined—it was in November—I was examined in the Court of Common Pleas in July.

Q. Did you then say that your husband had been at home for two months, and that previous to that he had been absent for nine months? A. I believe I said he had been home for two months, and that he had been home for a month, besides the nine months that he was away—he had been absent for nine months before the two months—he had been home more than that—he had been home for a month, then he was away, and then home for a month again.

Q. Now be very cautious, because your words were taken down; did not

you say that he had been home for two months, and that before that two months he had been away for nine months? A. I know I said that he had been home for two months, but I do not know exactly whether I said he had been home for the month before—I cannot swear I did not say that he had been home for two months, and that for nine months before he was absent from England—I am now living in Blackfriars-road, at No. 5, Angel-place.

Q. Under what name? A. Mrs. Grey—I do not go by any other name—I go under no other name than Mrs. Grey—I have never been called by the name of Hart since my examination at the trial, that I swear—I have never been called by the name of Hart, nor by any other name than Grey—I will not swear I have not—I have gone by the name which my husband wished—have I any right to state it?—it was my husband's wish that I should go by another name—I am subpœnaed here by the name of Grey, to answer anything concerning Dr. Bailey, and not anything concerning my private family affairs.

Q. I want to know by what name you have been passing and living, since I examined you in the Common Pleas in July? A. I do not think I have a right to answer—I have only gone by one other name—if his lordship says I must tell what that name is, I will.

MR. HUMFREY. If you choose to decline it I will not press it. Witness. Then I decline it—I last saw my husband at the latter end of Dec. last—I was living with him then—I do not know with whom he is travelling now—I cannot say where he is at present—he has no shop, or house, or any place of business—he never had—he is travelling somewhere about down in Devonshire—I had been in the habit of frequenting Dr. Bailey's chapel about eighteen months before had seen Mr. Smith at Dr. Bailey's chapel several times—he and I generally sat in the same seat—I cannot say how often I have sat in the same seat with him—it might have been a dozen times—it might have been more—I do not know about its being the same seat that we sat in on this night—there are different seats for strangers—we sat in the same seat on that night—I usually sat in the same seat with him—the pew-opener has put me into the same seat the has put me into the same seat, it might be, more than a dozen times, it night be less—I never gave the pew-opener anything, and never saw Mr. Smith give her anything—I think I was first acquainted with Mr. Smith about the beginning of July, 1841.

Q. Remember what you have said before; did you not see him first of all in May? A. It must have been in May—I used to attend the chapel on a Thursday evening—I saw Mr. Smith in May—I do not think I walked home with him in May—I do not exactly recollect what month it was that I walked home with him—the first time I walked home with him I did not know his name—he talked to me on religious subjects—I cannot tell you of any one who ever saw me with him—he asked me to walk home with him, and I did—I did not go into his house on the first occasion, I only walked to his house, and then left him—he let himself in—I walked home with him again in July, I think—that was when we had been attending chapel together—we sat in the same seat, and got into conversation—I went into his house with him on the second occasion—I did not know his name then—I staid in the house about three or four minutes—I went in for a book of sermons which he was going to lend me—I did not get it—he could not find it—I do not recollect whether he asked me to sit down—he looked for the book in a book-case—he did not ask me to stay when he could not find it—I walked home with him again on the 12th of August—I did not know his name then; oh, yes, I knew his name then—I had learnt it in the vestry that evening—until that evening I never knew his name, or who he was—when he entered the

vestry Mr. Nickson was there—he shook hands with Mr. Nickson, and said, "How do you do, Mr. Nickson?" and Mr. Nickson said, "How do you do, Mr. Smith?"

Q. Have you ever lived in Dr. Bailey's family? A. I have, for four or five months, or more—I cannot say exactly—it was some time before the trial—I only lived in his family on one occasion—it was last Christmas twelve months, 1841—I heard of Mr. Smith's death—I did not hear exactly that Dr. Bailey had made a claim on his property—I did not hear anything from Dr. Bailey about it—I heard of Mr. Smith's death at Dr. Bailey's, from Miss Walker, his sister-in-law—it was the Christmas after the 12th of Aug. that I went to live in Dr. Bailey's family—I have not had any money from Dr. Bailey—I never applied to him for money—I swear that, or to Mrs. Bailey—this letter (looking at one) is not my writing—it was not written to Dr. Bailey by my direction—it was written by my direction to Miss Bailey.

Q. On your oath, have you not applied either to Dr. or Miss Bailey for money? A. Not concerning anything of this trial.

MR. JONES. Q. If you have made any application, has it been otherwise than in writing? A. Only in writing.

MR. HUMFREY. Q. Have you received do money either from Dr., Mrs., or Miss Bailey? A. From Miss Bailey, I have, my own money—I had let Miss Bailey have some money to keep for me, about 4l. or 5l.—I let her have it at different times, at the time I was there, I asked her to keep it for me—Dr. Bailey has been surety for me to a Loan-society.

Q. Allow me to ask how your acquaintance with Dr. Bailey commenced? A. Through a lady, a Mrs. Harcourt, who lived at Stoke Newington—I do not know whether she is alive—I have been living where I am now living, about a month or six weeks—I came there from Euston-square, not from Euston-square, but from one of the streets leading out of the square, Whittle-bury-street—I lived there about a month—I came there from Henry-street in the Borough—I lived in several places while I attended Dr. Bailey's chapel—I had a mother—she was not in the habit of going with me to Dr. Bailey's chapel—I went by myself sometimes, and sometimes my sister went with me—she is not here—I do not know where she is at the present time—she may be at home for aught I know.

Q. How frequently did you go to Dr. Bailey's chapel while living in Henry-street? A. I generally went on a Sunday, and in the week-days sometimes once a-week, and sometimes once a fortnight—I know Caroline Laxton—she and I did not go together to the trial at the Common Pleas—we met at the Court-house—I have not seen her lately—I have not seen her since July, the last day of the trial—my mother lives in Angel-place, Black-friars-road—she has lived there the same time as I have, about a month—she never lived in Dr. Bailey's family, not at any time.

Q. How lately had you seen Dr. Bailey before he was taken into custody? A. I think more than two months before—I heard about a fortnight ago of his being taken up—I am living with my mother now—we have not got lodgings—we have the house—we do not take lodgers—the house consists of three rooms, a sitting-room and two bed-rooms—my brother lives in the house—he is a manufacturer of steel pens—his name is Pike—my sister also lives in the house, and I have two children—nobody else lives in the house—we have a servant—her name is Lydia Wright—she did not come to us from Henry-street—she lived with us in Henry-street—I have been in the habit of seeing Dr. Bailey write—(looking at paper G)—I believe this to be his handwriting—I cannot swear to this (H), it is much like his handwriting—I could not take on myself to say it was—I should not think it was—I do not believe the whole of this first sheet to be his handwriting—some of the

letters on the second sheet, are like his, but I do not believe it to be his writing—I should think this third more not his—the fourth sheet, I think, is more his handwriting—I think that may be his—yes, I think it is—I think this fourth sheet is—I do not think the fifth is, nor the sixth—(these six sheets marked (H) contained the statement, headed "Fl-ng.")

MR. JONES. Q. Is your husband a very young man? A. Yes—he has been in the habit of travelling about the country with invalid gentlemen, and of being absent from home for some time, without my knowing exactly the place he is at—he came home about a fortnight after I was confined, and remained till December—I do not know whether he has gone on another journey of that sort—he has gone into the country—I am in the habit of hearing from him when he is away—my husband has a particular reason for my passing by another name, on account of some debt—I know Miss Bailey, the doctor's sister, very well indeed—I lived in the family altogether five or six months—I cannot say exactly—it was during that time that I gave her this money to keep for me—she was there—I went there as an attendant and companion to Mrs. Walker, whose daughter was in an ill state of health, and is since dead—I have got back some of the money from Miss Bailey—my husband was at home about the July before I was confined—he had been at home at short periods before that, at different times, four, five, or six months.

REV. EDWARD SCOVELL . I am a clergyman of the Established Church. I was acquainted with the Rev. Mr. Nickson—I have constantly received letters and notes from him, and am acquainted with his handwriting—I have seen him write—(looking at the "I O U")—I have no doubt in my own mind that this signature is his writing, but it certainly is not his usual style of writing, inasmuch as it is written in a very tremulous hand, but I should have no scruple in saying it was his writing, but it is very much disguised—with all the tremulousness I should have no hesitation in saying it is his handwriting—I have known Dr. Bailey four on five years—I always looked upon him as a man of considerable talent, and he has given me no occasion to doubt his integrity—I never heard any thing in disparagement of his general moral character.

Cross-examined by MR. HUMFREY. Q. Do you know Dr. Bailey's handwriting? A. I have received notes from him, but I am not able to speak to his handwriting—it is very often customary at churches to sign the name of the preacher in a book—I have never known an instance of a detached piece of paper being signed as an evidence of having preached.

MR. JONES. Q. It is usual to keep such a book in a chapel or church? A. Very usual—it is not universal—the clergyman enters his own name.

REV. PETER HALL . I am a clergyman of the Church of England. I knew the late Rev. Mr. Nickson, and knew from him of his having occasionally performed duty at Queen-square chapel—I never saw him write—I have received several letters from him, which I have acted upon as being his handwriting, and by that means 1 have obtained a knowledge of his handwriting—the name of "Nickson" on this" "I O U" I should quite think was written by Mr. Nickson—I have had a slight acquaintance with Dr. Bailey—I think it is about three years since I first saw him, but my acquaintance has not extended beyond two or three interviews with him, and I think I have once or twice had communications from him in writing—he has been known to me that period—I have lived very near him—I knew him as the minister of Queen-square chapel—he has occasionally preached in the chapel where I now officiate, and his ministry was very highly valued there—I think he has borne the character of a moral, upright man, quite so.

Cross-examined by MR. HUMFREY. Q. Did you attend at the trial at Guildhall? A. Yes—I heard the greater part of the witnesses examined—I

heard the Bishop of Rochester and others examined on the part of Mr. Smith.

Q. Do I understand you to say, that now, after what you then heard you believe Dr. Bailey to be a moral man? A. That was not the question I was asked—I do not say any thing of impressions left on my mind by that trial—down to that trial I thought him quite so—I should have had no hesitation in asking him to preach to my congregation any day—if I am to take that trial into question, I should say there were unfavourable impressions left on my mind—I think his character as a moral, upright man has been very much questioned.

MR. JONES. Q. Have you ever heard anything against his character, except in relation to the subject of this investigation? A. Never.

MR. HUMFERY. Q. Do you know his handwriting? A. I do not, not to state it.

SARAH BURBERRY . I knew Mr. Robert Smith, the deceased—I saw him several times in Aug. 1841—I remember seeing him on the 12th of Aug.—I saw him at his own house in the morning—he asked me if I would go to the doctor's chapel in the evening, and I said I would go—he said he was then going to transact business with the doctor, concerning money of Miss Bailey's—I have heard Mr. Smith say that he had large sums of money of Miss Bailey's in his possession—I have been in Mr. Smith's house—when I have been there, I have seen an account-book on his table—I have beard him say that that was where he kept an account of the money that he had of Miss Bailey's—I saw the book lying on the table—I did not have it in my hand—I saw that it contained figures.

Cross-examined by MR. HUMFREY. Q. Where do you live? A. In Star-street, which leads out of the Edgeware-road—I have lived where I do now about six weeks, I moved there from another house in the same street, No. 19—I lived there, I think, about two months, it might be more—before that I lived in Robert-street, Davies-street, which leads from Oxford-street—I lived there about nine months—before that I lived in the Harrow-road, I do not know the number—it is at the corner of the Harrow-road and Paddington-green—I lived there about six months—I am a dress-maker.

Q. How long have you known Dr. Bailey? A. I have not known him personally long, I have only been in the habit of attending his chapel—I have known him from seeing him at Queen-square chapel—I knew Mr. Smith a very long time, several years, ten or twelve years—my father knew him.

Q. For the last five years Mr. Smith was in the habit of regularly calling on you once a week, every Friday, was he not?—(examining the witness from paper marked "J," one of those found by Pearce at the prisoner's house.) A. No, he was not so often as that—I do not think I ever told any body that he was—I do not think I ever told Dr. Bailey or any one else so—he did not call so often as that—I never mentioned that he called on me regularly every Friday—I have heard him say that Dr. Bailey was the son of one of the oldest and most respected friends he had in the world—it was in consequence of Mr. Smith's recommendation that I went to Dr. Bailey's chapel.

Q. First of all, you went to his chapel four or five times of a Thursday evening only? A. Yes—the first time I went I called for Mr. Smith, and went with him.

Q. Just look at that paper (J) tell me when you first saw it? A. I never saw it—the first time I went to the chapel I called for Mr. Smith, and accompanied him, and sat in the same pew—about three years ago, Mr. Smith told me that he was managing Miss Bailey's property for her—he said he had Miss Bailey's affairs in his hands, and spoke of her

as having a great deal of money—when I called on him on the 12th of Aug., it was quite by accident—I saw a paper on his table, which was not quite dry—I did not read it—he did not put it into my hands, saying, "Read that"—I am sure of that.

Q. Did he not say to you, "Read that, and see what confidence a lady, that I never saw in my life, puts in me?" A. He said that he bad never seen Miss Bailey—I do not recollect his saying, "Read that, and see what confidence a lady, that I never saw, puts in me," or any thing of the sort—he advised me to be as saving as Miss Bailey—he did not add, and then I should soon get as much money of my own—he did not say he was obliging Miss Bailey much more than himself, by taking charge of her money, and that neither she nor her father would ever have had a farthing, only for him—I did not read the paper.

Q. Was it not an acknowledgment for 2800l. odd? A. I do not know whit it was—he told me that he had money of Miss Bailey's in his possession, I cannot tell the sum—he said he had been to Dr. Bailey in the mornning, and had made an appointment to be at his chapel that evening—he told me he was going there on business concerning the money—he told me he wished particularly to go to the chapel, because the doctor, in the morning, had told him, that that evening was to be the last Thursday evening service, and he jokingly remarked, that the doctor had lately got a large property by his father's death, and was getting tired of preaching—I went to the chapel that evening, but I was a little late—I did not see Mr. Smith and the clergyman that preached sitting in the same pew, in tht middle of the chapel—they were not in the middle of the chapel, it was a side-pew, by the pulpit—Mr. Smith, a lady, and the clergyman, were in the same pew, at one side by the pulpit—there was only one lady—there were not "just two ladies"—I was not to say that I was sure there were just two ladies—Dr. Bailey only read prayers—he was expected to preach—I felt very much disappointed that he did not preach—I did not wait to speak to Mr. Smith, because I thought he was engaged.

Q. Did not Mr. Smith, as usual, call on you on Friday, Sept. 9th, 1841, in the evening? A. Yes, he said he was going to see Dr. Bailey, and was obliged to hurry away—I was not well acquainted with Mr. Smith's writing—I never told Dr. Bailey that I was—I could not wear to his writing, I do not know that I ever saw it—to the best of my belief I never saw Mr. Smith's writing.

MR. JONES. Q. Had you ever any business with him, that required that you should see his writing? A. No—I was not called as a witness on the trial at the Court of Common Pleas—since that time I hare stated what I knew of this transaction to Mr. Hill.

Q. And to Dr. Bailey? A. Yes—I did not send him any statement in writing, nor did he take down what I knew—I told him what I have stated to-day—I saw the account of the trial in the newspapers, and I afterwards stated to Dr. Bailey and Mr. Hill what I knew.

(Notice to produce the account-book referred to by thit witness, was admitted by the prosecutor's Counsel.)

CATHERINE GLANVILE . I was in Dr. Bailey's service—I went into his service on the 25th of April last—I was not in his service before that—I was in the habit of attending his chapel between two and three years before I went into his service—I was not a regular attendant, I went occasionally. I knew the late Mr. Robert Smith—I have seen him at the chapel in the course of the year 1841—I saw him in August that year—the last time I saw him at the chapel was on Thursday, the 12th of Aug., about seven o'clook in the

evening, before the service began—I saw him in the second pew from the pulpit—one person was in the pew with him—that was Mrs. Grey—I know this was on the 12th of Aug., because it was the last time I was there on a week-day—I was examined at Bow-street, but nowhere else.

Cross-examined by MR. HUMFREY. Q. You knew Mr. Smith for many years? A. Yes—I now live at No. 16, Strutton-ground—my mother does—I live at Dr. Bailey's—I have been backwards and forwards there ever since the 25th of April last—he never applied to me to be a witness—I knew he had a trial, after the trial was over, but not before—I was living at Dr. Bailey's at the time of the trial—Dr. Bailey did not give me any paper in writing.

Q. Well, but I can read a good deal to you that you have got to say; many persons pointed out Mr. Smith to you as the rich old miser, did they not? (referring to paper marked "K") A. Yes—I often saw him at his own window and his own door—I have seen him two or three times at Queen-square chapel, and I saw him at the chapel on the second Thursday in Aug.—he sat in the second pew from the pulpit, the minister's pew—there was one lady in the pew.

Q. Recollect yourself: was he not there with two ladies, and the Rev. Mr. Nickson? A. I believe there were two, I am not sure—after the prayers, Mr. Nickson left the pew for the vestry, to put on his gown to preach—I did not get there till after service began—I remember particularly that it was the last Thursday in Aug., for there was service only on two Thursdays after Dr. Bailey returned from Ireland, where he had been the whole of June and July—this was the last of the two Thursdays, and the last Thursday evening on which there was service—I remember it was the minister's pew in which Mr. Smith sat, for I wondered to see him in that pew at all—I had never noticed him in the minister's pew before—I left the chapel that evening among the first, and could not see Mr. Smith going out—Mr. Nickson preached on both Thursday evenings after the doctor's return from Ireland—I remember this, because I felt great disappointment at not hearing the doctor himself.

MR. JONES. Q. How long did you continue in the doctor's service after the trial? A. I should have been in the service ever since, but I left on account of illness, and was obliged to go to the hospital—I returned again a month from this time—after the trial was over, I spoke to Mrs. Bailey about what I knew about Mr. Smith—I did not speak to the doctor—he did not speak to me about it—I told Mrs. Bailey all I knew about it—I believe the doctor knew I was in the habit of attending his chapel—I did not attend the chapel while I was in the doctor's service—Mrs. Bailey did not write down what I told her—she did not write it down before me—I am not certain whether there were one or two ladies in the pew with Mr. Smith—I am sure Mrs. Grey was there, and Mr. Smith.

Q. When you told what you knew to Mrs. Bailey, was anything said about applying for a new trial, do you remember? A. No—I heard that there was to be a new trial—I knew that my evidence was wanted for that purpose—I was taken to Bow-street by Mr. Flower, the attorney for the prosecution, as a witness for him—I was examined there—I was taken out of the hospital to the police-office.

REV. FRANCIS BASSETT GRANT . I am a clergyman of the Established Church. I have known Dr. Bailey for about four years—I never heard any other character of him than the most favourable—I had the most perfect confidence in his integrity and uprightness.

Cross-examined by MR. HUMFREY. Q. Do you know his handwriting? A. Yes, I think I do—I have no hesitation in saying that I think these

papers are his handwriting ("J" and "K")—I have some doubts about this ("I")—it resembles his—the others I am perfectly clear about—this is very much like his writing—to the best of my belief it is his.

MR. JONES. Q. You are not so certain about that? A. No.

ROBERT BROWNING . I am office-keeper to the Commissioners for building New Churches. I have known Dr. Bailey since 1839—he lodged with me twelve months, and during that time, and subsequently, he has borne the best of characters possible.

Cross-examined. Q. Did you ever see Mr. Smith, the rich miser, in your house while he lodged with you? A. No, certainly not.

MR. JONES. Q. Did you know anything of him? A. No—I reside in George-street, and my house is in Bridge-street—Dr. Bailey did not lodge in the house where I lived, but in another house where my family lived.

Rev. Richard Hodgson; Rev.—Barber; Jobn Elliott, bookseller, Mortimer-street, Cavendish-square; Edmund Dawe, map-mounter, No. 6, Catherine-street, Queen-square, Westminster; Patrick Townsend Lightfoot, gentleman, James-street, Buckingham-gate; William Henry Pert, apothecary to the Western Dispensary, No. 23, Charles-street, Westminster; John Cox, carpenter and undertaker, No. 42, Orchard-street; Thomas Pool, solicitor, No. 6, South-sqaare, Gray's-lnn; Judith Waghorn, lodging-house keeper, Tunbridge Wells; Rev.—Bickle; William Briden, Parliamentary agent, New Palace-yard, Westminster; and James Briden (brother to last witness); also deposed to the prisoner's good character.

The payers "J" and "K" were as follows:—

(J) "B—b—y—My father knew the late Robert Smith, ironmonger, 7, Great St. Andrew-street, Seven-dials, for at least thirty years—for the last five years he regularly called once a-week, every Friday, to see my mother—about three years ago he first mentioned the Rev. Mr. Bailey to us, for he highly recommended his ministry to us, and told us 'he was the son of one of hit oldest and moat respected friends in the world'—in consequence of Mr. Smith's recommendation, I did go to his chapel, in Queen-square, four or five times, on Thursday evenings only; and the first time I went, I called for Mr. Smith, and accompanied him, and sat in the same pew with him—Mr. Smith, about three yean ago, told us he was managing Miss Bailey's property for her, and he spoke of her as having a great deal of money—I happened to call on Mr. Smith the 12th of August, 1841, in the middle of the day, and he had just written a paper, which was not quite dry, and he put it into my hands to read, saying, 'Read that, and see what confidence a lady that never saw me puts in me;' and he advised me to be as saving as Miss Bailey, and I should soon get as much of my own—he also said he was obliging Miss Bailey much more than himself, by taking charge of Miss Bailey's money, and that neither she nor her father would ever have had a farthing, only for him—I read the said paper, and it was an acknowledgment of 2,800l. and some odd pounds, which Mr. Smith acknowledged he owed to Miss Baileys—he said that he had been at Dr. Bailey's house in the morning, and had made an appointment to be at his chapel that evening, to give him the said acknowlegement; and he wished me to go to the chapel, because the doctor, in the morning, had told him that that evening was to be the last Thursday evening service; and at the same time he jokingly remarked, 'The doctor has lately got a large property by his father's death, and is getting tired of preaching'—I consequently did go that evening, but I Was a little late—I saw Mr. Smith, and the clergyman who preached, sitting in the same pew, in the middle of the chapel, with two ladies—I am sure there were just two ladies—Dr. Bailey only read prayers—I felt much disappointed that Dr. Bailey did not preach

—I thought that Mr. Smith was engaged, and I did not wait to speak to him—Mr. Smith, as usual, called on me on Friday, the 9th of Sept., 1841, in the evening; but he was obliged to hurry away, because he said that he expected Dr. Bailey at the Seven-dials that evening, by appointment, concerning Miss Bailey's affairs; and he also spoke of having seen the doctor that morning, but I forget whether at Mr. Smith's house, or at Dr. Bailey's house—I am well acquainted with his writing."

(K) "Ca—h—rn— I have known Mr. Smith, of 12, Great St. Andrew-street, Seven-dials, for many years—I first saw him in Pitt's, and often afterwards—many persons have pointed him out to me as the 'rich old miser,' and I have often seen him at his own window and door—I have seen him two or three times at Queen-square chapel—I saw him in the chapel on the second Thursday of Aug., 1841, and he sat in the minister's pew, with two ladies and the Rev. Mr. Nickson, but Mr. Nickson, after prayers, left the pew for the vestry, to put on his gown to preach—I went to chapel after service began—I remember it was the second Thursday of Aug., 1841, for there was service only on two Thursdays after Dr. Bailey's return from Ireland, where the doctor had been the whole of June and July, and this was the last of the two Thursdays, and this also was the last Thursday evening on which there was service—I remember it was the minister's pew in which Mr. Smith sat, for I wondered much to see him in that pew at all, and I had never noticed him in the minister's pew before—as I left the chapel that evening among the first, I could not see Mr. Smith going out—on both the Thursday evenings after the doctor's return from Ireland, the Rev. Mr. Nickson preached; and I remember this, for I felt great disappointment at not hearing the doctor himself preach."

GUILTY . Aged 36.— Transported for Life.

OLD COURT.—Thursday, February 2nd, 1843.

Fourth Jury, before Edward Bullock, Esq.

30th January 1843
Reference Numbert18430130-595
VerdictGuilty > pleaded guilty

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595. MARY HOWARD was indicted for stealing, on the 29th of July, at St. Marylebone, 1 tea-pot, value 4l.; 2 coats, 8l.; 1 pair of trowsers, 1l. 5s.; and 1 waistcoat, 15s.; the goods of John Horace Tabrum, her master, in his dwelling-house; to which she pleaded

GUILTY . Aged 50.— Confined Twelve Months.

30th January 1843
Reference Numbert18430130-596
VerdictNot Guilty > unknown

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596. EMMA TREAR, alias Treer , was indicted for stealing, on the 8th of June, 1 watch, value 5l. 5s.; 1 watch-ribbon, 1s.; and 1 watch-key, 3d.; the goods of Margaret Wallace.

MARGARET WALLACE . I am now servant to Captain Ferguson. At the time in question I lodged in Charles-street, Berkeley-square—the prisoner took a lodging in the same house—I had a watch—I saw it round the prisoner's neck—she asked me bow I wore it—I told her—she went into the other room, as I thought, to put it down, and never returned—I missed it directly she was gone, and never saw it again—I never saw the prisoner again till last Saturday week.

JOHN BARKER . I am a policeman. I took the prisoner into custody on the 18th of January—I know nothing of the watch.

ELIZABETH LOWNDES . I live in Charlotte-street. I know the prisoner very well—I know nothing about the watch.

Prisoner's Defence. I never saw the watch; nobody in the room saw me with it; she has done this through spite.


30th January 1843
Reference Numbert18430130-597
VerdictNot Guilty > unknown

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597. EMMA TREAR, alias Treer , was again indicted for stealing, on the 4th of January, 1 shilling, the money of Frederick Wright.

ELIZABETH WRIGHT . I am the wife of Frederick Wright, a card-maker, in Brompton-square. On the evening of the 3rd of Jan. I was going along Brompton-row, and met the prisoner—she asked me if I knew of a lodging—I said I did not—she asked me to go with her along the road to look for one—she asked somebody else for a lodging—I went with her to Caroline-place, and the took a lodging—she called on me next day at my own house—she had a parcel—she sent somebody out to get bacon and butter for tea—I lent her 4s. 10d. altogether—I went with her to the Duchess of Gloucester public-house—she left me in the Park, to come home by myself—before we went out I had fasted all the doors up, and she insisted on it that I had not fastened them—I went down to see, and they were fast—there was 1s., on the shelf when I went down, and I left her in the room—the doors down stain were fast before I left the house—when I came home, at half-past eight o'clock, I missed the shilling off the mantel-piece, and 8s. 1d. out of the table-drawer—I had suspicion, and went to her lodging next morning, and she had not been home—I went to the Duchess of Gloucester, where she had told me the kitchenmaid was her sister, but they did not know anything of her—I saw no more of her till she was in custody—when I opened the parcel she brought, it was only the skirt of a gown; she told me it was a dress.

ANN GOVE . I am a widow, and live in Caroline-place, Tredegar-square. The prisoner took a lodging at my house on the 3rd of Jan. and the following day, I accompanied her to Wright's lodging—I went into the house with her, and remained there three or four hours—previous to leaving the house she said the doors down stairs were not fastened—Wright went down to see if they were—while she was gone the prisoner rose up and lifted the image from the mantel-piece, took a shilling from under it, and put it into her right-hand glove—she said she had put a shilling there, and was not going to leave it there—I thought it was hers—Wright came in, and we all went out together.

ELIZABETH SPEARING . I am the wife of William Spearing, and live in James-street, Covent-garden. On the 11th of Jan. the prisoner came to my house for a lodging for the night—I had not got a bed—she said the was locked out from her service, as she had been to the play, and that she lived at Mr. Rockley's, in Russell-street—I sent her where I thought she could get a lodging—she returned, and said she could not get a bed there—I allowed her to walk into the bar, and she sat there all night—she was there from half-past twelve o'clock till eight next morning—about four we had some tea—she borrowed 3s. of me—she said she would return it at eight, and make me a compliment—my servant went out with her, to go to Mr. Rockley's—they came back together, and the prisoner said she was afraid she should lose her place, as she was not to go in-doors till ten, when she could see Mr. Rockley—she went out again atten, and never returned.


Before Mr. Justice Maule.

30th January 1843
Reference Numbert18430130-598
VerdictNot Guilty > unknown

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598. JOSEPH SMITH and MARY ANN SMITH were indicted for feloniously, and without lawful excuse, having in their custody and possession a mould, on which was impressed the obverse side of a sixpence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

GEORGE TREW . I am a policeman. On the 21st of Jan., in consequence of information, between ten and eleven o'clock, I and Malin went to No. 11, Castle-alley, to the second-floor room, leaving some policeman below—I found

the room-door closed, listened, and heard somebody inside, I opened the door, and found a table close against it, pushed it aside, and got in, and found the two prisoners, the male standing close to the fire, with his face towards it, and the woman a yard or a yard and a half from him—the man had a mould in his left hand—the moment I opened the door he threw it down—it struck the hob, and flew in pieces—we took hold of the prisoners—they were thrown on the bed, and secured—they both said, "By G—d, what shall we do?"—I looked at the fire-place, and saw a spoon on it with white metal in it, in a fluid state—I looked about, and saw a quantity of broken moulds, as I supposed, and saw Alderman find, among the pieces in the fire, a piece of metal with the head side of a sixpence on it—it was quite hot—he could not hold it—I saw some plaster-of-Paris in a paper bag on the table—at this time the man flew from the foot of the bed to the fire-place, and snatched a piece of coin off the hob where the broken mould was, which I supposed to be a sixpence with a get to it—he put it into his mouth—I seized him by the throat, but could not prevent his swallowing it—he said, "It is no use, it is gone"—his lips and tongue began to swell very much, as if burnt—he asked for water, which I gave him, and said, "You have burnt your mouth"—he said, "Yes, I have; you do the best you can for yourself, and I am doing the best I can for myself"—another piece of mould was found in the fire-place—nobody else was in the room.

Joseph Smith. Q. Why not take the mould out of my hand? A. You threw it out—I had not been in the room half a minute.

Mary Ann Smith. I was not standing near the fire; I was making a bedquilt. Witness. She was standing—I did not see any quilt in her hand—there was one on the bed—it was after the man was handcuffed that he went to the fire, and took the sixpence.

WILLIAM ALDERMAN . I am a police-sergeant. I went with other constables to the house—on entering the room the prisoners were in custody—I went to the fire, and found metal in a liquid state, boiling in this spoon—some of it ran into the fire—I found in the fire part of a mould with the impression of a sixpence—I saw the male prisoner attempt to swallow something—Trew laid hold of his throat—I heard him say, "It is no use, I am doing what I can for myself," and called for water—his lips and tongue swelled very fast—I found a file—Ball found several pieces of plaster-of-Paris mould.

THOMAS MALIN . I am a policeman. I went with the officers, and assisted in securing Robert Smith—when I entered, he had part of a mould for a counterfeit sixpence in his left hand—I saw some metal in it before he put it out of his hand—I took a piece of a plaster-of-Paris mould out of his hand, which I produce—after he was handcuffed, he got off the bedstead, darted forward to the fire, clawed something out, put and it into his mouth—he appeared to swallow something very hot, and his tongue was covered with plaster-of-Paris—he said, "It is no use, it is gone"—I said, "You have burnt your mouth pretty well"—he said, "I cannot help that, I have done the best I can for myself," and begged for water.

GEORGE BALL . I went with the other constables to the room—I found a saucepan-lid hot in the stove, and some pieces of metal, which dropped from the fire quite hot, and a half-pint pot—there was a very bright fire—I said, "Here is a half-pint pot"—Robert Smith said, "Yes, that is mine"—the woman said, "No, Joe, don't say that, for I found it"—I found a plate and spoon, which appeared to have been mixing plaster-of-Paris—here is some on it now—I found a quantity of plaster-of-Paris and several pieces of mould.

MARY BRYAN . I am employed to look after No. 11, Castle-street, by Harley, the landlord. The prisoners both took that room of me about two

months ago—they were both together—the female paid the rent—I have seen them go out together in the morning—they rented the second-floor front room.

MR. JOHN FIELD . I am inspector of counterfeit coin to the Mint. This is a plaster-of-Paris mould impressed with the obverse side pf a sixpence—this iron spoon appears to have had melted metal in it—it has white metal in it now, which counterfeit coin is usually made of—here is a file which would remove superfluous metal from coin, and plaster-of-Paris in powder similar to that the mould is made of.

Robert Smith's Defence (written). "I am entirely innocent; had anything been going on in my place, should I not nave locked the door to prevent anybody entering?"


30th January 1843
Reference Numbert18430130-599
VerdictGuilty > pleaded guilty

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599. RICHARD RAWLINSON, alias John Brown, alias Richard Ronayne , was indicted for feloniously and knowingly uttering, on the 9th of January, a counterfeit crown, he having been previously convicted of passing bad money.

GUILTY . Aged 22.— Transported for Ten Years.

30th January 1843
Reference Numbert18430130-600
VerdictNot Guilty > unknown

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600. SAMUEL RICHARDSON, alias Henry Fowler , was indicted for feloniously and knowingly uttering, on the 6th of Jan., a counterfeit shilling, to Mary Ann Cowdery, he having been before convicted of uttering counterfeit coin.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of Samuel Richardson at this Court in Jan., 1838—I have examined it with the record—it is correct—(the record being read, stated that the prisoner was ordered to be confined in the House of Correction for two years.)

GEORGE HOARE . I am Deputy Governor of the House of Correction. I receive prisoners, who are convicted, here—in Jan., 1838, I received a person named Samuel Richardson, sentenced to two years' imprisonment, with hard labour—the prisoner is that person.

Cross-examined by MR. HUDDLESTON. Q. Were you at the trial? A. No—here is the order of the Court to receive the prisoner—there was no other of his name from that Sessions—he was two years in the jail.

MARY ANN COWDERY . I manage the business of the Crown and Still, Clare-street, Clare-market. On the 6th of Jan., about ten minutes to four o'clock, the prisoner came there and called for half-a-pint of beer, which came to 3/4 d. he gave me a shilling—I gave him change, and put the shilling into the till—he left, and Lonsdale came in instantly—I gave him the shilling, having bit it, and found it was bad—there was no other in the till.

Cross-examined. Q. Are you the bar-maid? A. Yes—it was dusk—the till has divisions in it—I had been at the bar about ten minutes—I am not quite certain the prisoner was the person.

MR. BODKIN. Q. You opened the till to put the shilling in? A. Yes—there were fourteen sixpences, but I am certain, there was no other shilling there—the policeman came in instantly.

ADOLPHUS LONSDALE . I am a policeman. On the 6th of Jan. I was on duty near Clare-market—the prisoner was pointed out to me—I followed him to the Crown and Still—he went in—I saw him come out, and kept my eye on him—I followed him—he went to the Old Ship in Chichester-rents, and came out—I watched him into a public-house in Fetter-lane—he went into the tap-room—I went in, and said I wanted to speak to him, and he must go

to Bow-street with me—he asked what for—I said I would tell him when we got there—as we crossed New-square, Lincoln's-inn, he wanted me to ride in a cab—I would not—he then asked me to have something to drink—I said no—he then said, "I hope you will act like a man to me?"—I said I would—he said if he got through it he would make it up to me—he made a sudden stop in Russell-court, and three men came up to him—he said something to me of them, which I did not hear—he then put his left hand into his side-coat pocket, and passed something to the man backwards—I could not see what it was—I saw him drop a lemon and bad shilling from his pocket, which was partly turned out at the time—I produce that shilling and another I received from Cowdery—I found on him at the station six half-crowns, three shillings, eight sixpences, three fourpenny pieces, and 10d. in copper, all good.

Cross-examined. Q. How many public-houses did he go to? A. Three—a boy behind took up the shilling he dropped from his pocket, and gave it to me—I held the prisoner's right hand—he was on my left side, and the three men on his left—I was fearful they were going to rescue him, and, on looking round, saw him throw something to them—he dropped the shilling at the same time—the men ran away, and did not attempt to pick it up.

MR. BODKIN. Q. Did you see the shilling drop from him? A. Yes, and never lost sight of it till the boy took it up—I found no farthings on him—the boy is not here.

MR. FIELD. The two shillings produced are both counterfeit.


30th January 1843
Reference Numbert18430130-601
VerdictsGuilty > pleaded guilty

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601. CHARLES MEEK was indicted for feloniously forging and uttering, on the 2nd of Nov., a certain request, for the delivery of 2 horse-cloths and rollers:— also, for forging and uttering, on the 16th of Nov., a request for the delivery of 2 pairs of horse-rugs and rollers:— also, for forging and uttering, on the 8th of Dec., a request for the delivery of 1 pair of horse-blankets and rollers:— also, for forging and uttering, on the 7th of Dec., a request for the delivery of 1 pair of horse-rugs and rollers, with intent to defraud George Palliser; to all of which he pleaded

GUILTY. Aged 34.—Recommended to mercy by the Prosecutor, being in reduced circumstances. Transported for Ten Years.

(Christopher Phillips, butter salesman, River-terrace, City-road; John Jenks, goldsmith, of Spring-street, Clerkenwell; Henry Wild, gold-chaser, of Queen-street, Clerkenwell; William Baker; and James Cotton, of Goughsquare, engraver; gave the prisoner a good character.)

30th January 1843
Reference Numbert18430130-602
VerdictGuilty > lesser offence

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602. PHILIP AUSTIN GUICHE was indicted for feloniously forging and uttering a warrant and order for the payment of 50l., with intent to defraud Abraham Wildey Robarts and others.—Other COUNTS, stating his intent to be to defraud Robert Lindsay, and Richard Twining and others.

MESSRS. BODKIN and DOANE conducted the Prosecution.

EDWARD PARIS . I am clerk to Richard Twining and others, bankers and tea-dealers, in the Strand. On the 10th of Jan. the prisoner came to the counting-house, and gave an order for some tea, which he said was for Captain Robert Lindsay—I wrote down what he said—this is the memorandum I made at the time, "Captain Robert Lindsay, Glenavon, Tairbach, Margan, Glamorganshire, South Wales"—when I had taken down the order he wished to pay for it, and gave me a 50l. cheque on Robarts and Co.—this is the cheque—the amount of the goods he ordered was 35l. 15s.—at the time he produced the cheque, he said he had other cheques, but this being nearer to

the amount of the bill, he paid me this—I asked him what change he would have—I do not exactly recollect what he wished to have—I made a communication to one of the principals of the house, and when I returned to the prisoner, I told him we could not give him change out of the draft, as we knew nothing of Captain Lindsay—we referred, and could find no order from him—the prisoner said he was going into Bishopsgate-street; that he had several commissions to execute for Captain Lindsay, and would get it changed—I told him, if he left the draft with us, we would send it to the bankers early next morning, and he could then call for the change about ten o'clock, or we would send it anywhere in town for him—he named Miss Webbers, No. 28, Nottingham-place, New-road, to the care of Mr. Penn, butler—the goods were to be sent to the care of Messrs. Vivian and Sons, Paul's-wharf—on the evening in question I gave the cheque, for safety, to another clerk, named Chalklin—I received it again from him next morning, and then, by Mr. Twining' sinstructions, gave it to Mr. Nash—I afterwards received some money from Mr. Nash—I put up the change, which was the difference between the 35l. odd and the 50l. cheque in a piece of paper—the prisoner did not come for the change—after having sealed it in an envelope, and directed it, I left it myself at No. 28, Nottingham-place, I saw a person named Penn there, and left it with him—the goods have been received back from the wharf, at which they were left—he came with, the cheque about half-past six o'clock, after banking hours.

Prisoner. Q. Can you positively swear I am the same person that entered your counting-house? A. I can say you are—I am sure of it—I have no doubt of it.

----CHALKLIN. I am in the employ of Messrs. Twining, tea-dealers, Strand. Mr. Paris handed me a cheque on Robarts and Co. for 50l. on the 10th of Jan.—I gave him back the same cheque in the morning—I believe this now produced to be the same.

CHARLES FREDERICK NASH . I am in the service of Messrs. Twining. I received a cheque on Roberts for 50l. from Mr. Paris—I believe this to be the same cheque—I carried it, by his direction, on the next day, to the banking-house of Robarts and Curtis, and received payment for it—I was present the day before when the goods were bought, and this cheque given in payment—I cannot swear to the prisoner—I am nearly sure it was him, but not sufficient to swear it—I believe him to be the same person—I had not the dealing with him.

Prisoner. Q. Were you in the counting-house? A. Yes.

ROBERT MORRISS . I am clerk in the banking-house of Abraham, Wildey, Robarts, and Co.—there are five partners. On the 11th of January this cheque was presented—I had some hesitation about it—I was not acquainted with Captain Lindsay's handwriting—I ultimately paid it by a 50l. note—our house has an account with Captain Robert Lindsay.

ROBERT LINDSAY . I was formerly a captain in the East India service. I have a residence in Glamorganshire—it is called Glenarvon—Tairbach is the pott town, it is near Margan. The prisoner was in my service about two years and a half ago, for four or five months—while I was in Wales I paid him his wages, and on one occasion, to the best of my knowledge, I paid him by a cheque on Robarts and Curtis—I kept an account with them then, and have to the present time—he was going to London, and I think he asked for a cheque—this cheque is not my handwriting, nor was it written by my authority—I knew nothing at all about it till it was shown to me by the police—(looking at a cheque-book produced by Layland)—I do not remember ever having this book of cheques in my possession—it has not the same number as my

cheques bear—The number on the cheque in question is "A 725"—it is not my number—my number is in 5's—I do not exactly know—in the first part of July, 1842, I came out of the country—I did not about that time authorise anybody to get a book of blank cheques from Robarts and Curtis for me.

Prisoner. Q. Do you recollect paying me at the time I left; did I ask for a cheque? A. I cannot say positively—you had the cheque, to the best of my knowledge—I think you were going to London, and asked for the cheque—I have it down "cheque"—I know nothing of your handwriting.

MR. MORRISS re-examined. The number stamped on Captain Lindsay's cheques is "A 725"—that is the number on this cheque—we did not refer to the register on this occasion—the number on this blank cheque-book is the same.

CAPTAIN LINDSAY re-examined. I will explain that—I went to the banking-house, and asked for a cheque—I got a blank cheque—it was not out of my regular cheque-book—I believe it was the same number—I got it across the counter—the blank cheque I got that day is the same number as those in this book—I believe I received it in July or August before I left London, as I wanted some money to put into my pocket, I went to Robarts's, asked for a cheque, and filled it up for, I think, 30l. or 40l.—I got the money, and handed the cheque over to the clerk—to the best of my recollection, it had the number "725" on it—I will not be quite sure—it was not one of my own cheques—that one cheque was returned back in my bank-book, and, as far as I can remember, it was No. 725—I have referred to it since I heard of this case.

WILLIAM LAYLAND (police-constable F 100.) On the 14th of Jan. I was on duty in King-street, Covent-garden—I heard a cry of "Stop thief," and saw the prisoner running up the street, and a person after him—I stopped the prisoner, and took him into custody—he told me be lived at No. 1, Boltonrow, Piccadilly, at his master's house—I did not tell him the nature of the charge against him—it was mentioned in my presence by Mr. Ellis—something was said about a cheque—the prisoner said he bad a cheque-book in his box, in his master's kitchen—I went to No. 1, Bolton-row—I went into the kitchen—I found this cheque-book, not in a box, but in a table-drawer—I searched his box first, and not finding it there, I inquired of the servants if he had any other place—the servants opened the drawer, and there I found it.

Prisoner. Q. On your oath, did I tell you that I had any cheque-book, and give you directions where to find it? A. Yes.

JOHN PENN . I am servant to Miss Webber, of No. 28, Nottingham-place. I remember a gentleman bringing a parcel—I believe it was Mr. Paris—I cannot exactly say the day—I had it in my possession about eight or ten days I think—it was sealed up—he told me it contained money—nobody ever called for it till I received some communication from the police—I received a letter from Captain Lindsay, directing me to take it to Robarts and Curtis's, which I did, and delivered it up there.

JOSEPH DYSON MORISON . I am cashier in the house of Robarts and Co. I produce a register, in which is contained a list of all the cheque-books of our customers—on the 27th of July, 1842, I have an entry of a cheque-book being given out, "A 725, Captain Robert Lindsay"—each cheque-book has a number on them—the entry does not show the size of the cheque-book—they vary in thickness—the cheque-book now produced is one issued from our house—that contained fifty cheques when issued—Captain Lindsay had books of fifty cheques, as he did not draw many cheques—traders in the neighbourhood have larger books—(the cheque teas here read.)

Prisoner's Defence. I know nothing whatever of the cheque issued to Messrs.

Twining, and I have never seen it; Captain Lindsay is well acquainted with my handwriting, and he cannot say that it is my writing; Mr. Ridgway, my master, knows I was not out of his house on the night of the 10th, as there was company; I fully expected that he would be here; he sent me word that I need not take any trouble, for he would do whatever he could; Captain Lindsay knows my character, and the one he received with me.

CAPTAIN LINDSAY re-examined. He behaved, as I thought, very well in my service, but since he left I find he was rather an eccentric and odd character, and all the family were very glad when he left.

GUILTY of uttering. Aged 26.— Transported for Ten Years.

(There was another indictment against the prisoner.)

30th January 1843
Reference Numbert18430130-603
VerdictGuilty > with recommendation; Guilty > lesser offence
SentenceImprisonment; Transportation

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603. HENRY JOHNSON and JOHN WILLIAMS were indicted for burglariously breaking and entering the dwelling-house of Richard Suter, about nine in the night of the 6th of January, at St. Faith-under-St. Paul, with intent to steal, and stealing therein, 2 sovereigns, 2 half-crowns, and 3 shillings, the monies of John Rivington and others.

MR. CURWOOD conducted the Prosecution.

CHARLES CHURCHILL (City police-constable, No. 278.) On the night of the 6th of January, about nine o'clock, I was on duty in Paternoster-row—I tried the door of Messrs. Rivington's warehouse, and found it quite safe—I tried it subsequently, about half-past eleven, and found the door was fastened with a top bolt only—I rang the bell for a quarter of an hour, and received no answer—I went to the front-door, and rang the bell there—I received information from the housekeeper where Mr. Allison, Mr. Rivington's clerk, lived—I went to call him—in the mean time the sergeant came up—he went in at the front-door to search the premises, while I stood at the back—he brought the prisoners out of the door in custody—I helped him, and took them to the station.

Cross-examined by MR. PAYNE. Q. Did you take them into custody at all? A. I did not, I took them out of the house—after I had been with the clerk into the house, I went back again to Paternoster-row, and waited there till the sergeant called me to help take the prisoners into custody—I began to try the door in Paternoster-row at nine o'clock—I do not try every door every time I go by—I kept trying it till past eleven—I pushed it with my hand, and it went in at the bottom—I caught hold of the knob of the door—I had no particular reason for trying that door.

OLIVER DEATH (City police-sergeant, No. 201.) On the night in question I came up about twelve o'clock—from information I received from Churchill, I went to the back-door of the house first, and told him to stand there while I went round to the front-door—I got into the warehouse by the clerk bringing the ke'y—when we got in, I discovered the two prisoners secreted behind the door, in a little recess in the warehouse adjoining the house—I took them into custody, and I and Churchill took them to the station—I searched them, and found on Williams a tinder-box and matches, and this candle—in one of his boots I found half-a-crown and two shillings—I searched Johnson, and found a sovereign tied up in one corner of his shirt, one shilling in one shoe, and 3s. 6d. in the other—they gave no account of how they came by it—I went back, and searched Mr. Rivington's places—I found several desks had been broken open, and in searching the recess where I took the prisoners from, I found this little poker—I fitted it to the marks in the desk, and they corresponded this is a convenient instrument for breaking open desks—it is not a jemmy—it is not used by Rivington's people—the warehouse is under

the same roof as the dwelling-house—it is in the parish of St. Faith-underSt. Paul.

Cross-examined by MR. PAYNE. Q. How do you know that? A. The chief part of one side of Paternoster-row is in the parish of St. Faith, and part of the other is in the parish of Christchurch—I ascertained that the house is in that parish from the beadle of Newgate-market.

WILLIAM BUCHAN ALLISON . I am clerk to Messrs. Rivington. I was aroused on this night by a policeman—I accompanied him with the key of the warehouse—we entered the warehouse, and there found the two prisoners secreted behind the door—they were taken into custody—I saw them searched—the sergeant has given a correct account of what was found—five desks were broken open—I did not ascertain what was taken from them—I know there was money kept in those desks.

Cross-examined. Q. What time did you leave? A. Eight o'clock—I saw the premises properly secured when I left—it is part of my duty—the door in Paternoster-row was secured by a bolt at the top, a bolt at the bottom, a lock in the middle, and a chain—the key is kept in the door—nobody could enter that door by means of keys, nor could they by the door in St. Paul's churchyard—they must have got in before the doors were closed.

MR. CURWOOD. Q. They were concealed, in your judgment, before the house was shut up? A. They could not have broken in, they might have been concealed—I have seen Johnson come to the premises to receive work and bring messages for a binder named Ellison—I know nothing of Williams—Johnson had an opportunity of knowing the premises very well.

EDWARD GRACIE . I am clerk to Messrs. Rivington. On the night in question I locked my desk a little before eight o'clock—I left two sovereigns and 7s. or 8s. in silver in it—I found the desk broken open in the morning, and the money was gone—the other desks were broken open—they contained money, but it was not gone from them.

(The prisoner Johnson received a good character.)

JOHNSON— GUILTY. Aged 18.—Recommended to mercy.Confined Nine Months. —WILLIAMS*— GUILTY. of Stealing only. Aged 22.— Transported for Seven Years.

30th January 1843
Reference Numbert18430130-604
VerdictGuilty > unknown

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604. WILLIAM ROBINSON was indicted for stealing, on the 18th of Jan., at St. Luke, 36 yards of carpet, value 6l. 15s., the goods of Richard Phillips, in his dwelling-house; and that he had been before convicted of felony.

GEORGE MOORE . I am porter to Mr. Richard Phillips, of No. 24, Chiswell-street, in the parish of St. Luke. At half-past six o'clock, on Wednesday evening, the 18th of Jan., as I was going through the shop, I saw this carpet lying unrolled—I rolled it up—I saw no more of it till the policeman came about ten next morning, and inquired about it—I then looked round, and it was gone.

WILLIAM PHILLIPS . I am the prosecutor's son—my father is an auctioneer—I live with him. On the morning of the 19th of Jan., the policeman came to our house, and asked if we missed any carpet—I looked round, and saw the space where the carpet had stood the day before—I went to the station with him, saw it there, and identified it—this is it—it is my father's—it cost us 3s. 9d. a yard—there are thirty-six yards—it is new—we had had it three or four months—the ticket is on it now, marked 4s. 3d.,

in my own writing.

JOHN JENKINSON (police-constable 53.) On Wednesday, the 18th of Jan., at twenty minutes to eight o'clock in the evening, I was passing along Old-street, near St. Luke's Hospital, about the eighth of a mile from Mr.

Phillips's house, and observed the prisoner and another leaning against the carpet, which was then resting on the iron railing—as soon as the prisoner saw me he turned round, and put his hand on the carpet—I had previously known him as a thief—I asked him how he came in possession of the carpet—he said, "It is not mine, it is his"—pointing to his companion—I took both by the collar—I asked the other how he came possessed of it—he said, "It was given us to carry by a man"—I said I should take them to the station, I did not feel satisfied about it—they both resisted very much—I was obliged to let the other go—the prisoner knocked me down, gave me a black eye, bit me, and kicked me—further assistance arrived, and I conveyed him to the station—I went down next morning to Mr. Phillips, and asked if they had lost a carpet—they owned this.

Prisoner's Defence. I know nothing about stealing the carpet from the house; I was walking along the street, and was accused of stealing it; he let the other man go.

JOHN JOHNSON . I produce a certificate of the prisoner's former conviction, which got from Mr. Clark's office—(read)—I was present at the trial—he is the person.

GUILTY . Aged 22.— Transported for Ten Years.

30th January 1843
Reference Numbert18430130-604a
VerdictGuilty > unknown

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604. JAMES MERRY was indicted for burglariously breaking and entering the dwelling-house of Sophia Gardiner, about two in the night of the 10th of Jan., at St. Mary, Whitechapel, with intent to steal, and stealing therein, 7 spoons, value 2l. 4s.; 1 yard of silk, 5s. 21 yards of ribbon, 6s.; 36 dozen of buttons, 2s.; 1 pair of sugar nippers, 1s.; 1 metal cock, 18d., and 1 needle book, 2s.; her property.

SOPHIA GARDINER . I am single, and am a milliner—I keep the house No. 121, High-street, in the parish of St. Mary, Whitechapel. On Tuesday night, Jan. 10th, I went to bed about half-past twelve o'clock, my niece came up stairs and shut the staircase door—I told her we did not generally shut that door, but it did not signify—no one opened it again—I then went into my own room, shut the door, and went to bed—about two o'clock I heard a noise in the kitchen—I afterwards heard a noise against the door of my room, and afterwards beard a noise in my room—it seemed to me to be on the drawers very near to my bed-head—I sat up in bed to listen to the noise, and saw the figure of a boy or man by the side of my bed—as he was passing along I said, "Who is in ray room?"—I spoke twice, and then heard the person rush out of the room, and something sound as if it touched the edge of the door—I heard a creaking substance passing by very quickly—I afterwards heard a noise in the kitchen—I saw a light shine on my window-curtain during the time the person was in my room—it was not by that light I saw the figure—it was very moonlight, and there were lights in the street—I could see the figure very well—in the morning I found my chamber door standing wide open—I called one of my young people to me, and I then went down stairs—it was somewhere about eight o'clock—I cannot tell exactly—it was before eight—I went down into the work room, and found a cash box there broken open, that had been on my drawers when I went to bed—when I heard the noise in the night I dared not get up, I was so frightened—I had nobody near me except one person who was in rather a delicate state of health—I generally place both my cash boxes on my drawers before going to bed, but this night I put the other containing gold and silver under the bed, and that remained undisturbed—the cash box that was on the drawers was broken open, and about 1s. 9d. in copper taken from it—I had seen it last when I went to bed, on my drawers—I had locked the coppers up myself just before going to bed—I generally keep one cash box for silver and

gold, and one for halfpence—I also found five tea-spoons and two tablespoons gone out of a cupboard, which was not locked—I had seen one of them just before I went to bed—I afterwards found missing from the shop some ribbon, buttons, and needles, some sugar nippers from the kitchen, and I have since missed several articles which are not in the indictment—I have every reason to believe that the person got through the kitchen window, as it was found unfastened in the morning—it was fastened overnight.

Prisoner. The servant said at Lambeth-street that she found these things, and now this lady says she found the cash box open. Witness. It was standing broken open when I went down—the servant went down first.

SUSAN WILLIAMS . I am married—I was on a visit to Mrs. Gardiner, who is my aunt, I was up last, about a quarter of an hour after her—I saw every thing secure in the kitchen—the window was fastened with an inside shutter, and I believe with a bar—I did not put it up myself, but I saw that it was secure—I was the last to close the staircase door that leads to the kitchen, from the staircase to my aunt's bedroom—the kitchen is on the first floor—there is a staircase below the door, and another staircase above it—I slept in the adjoining room to my aunt, over the kitchen—I saw my aunt close her door, and then I closed my own—I heard a great noise during the night, but not being accustomed to that neighbourhood 1 did not think it anything particular, as there are perpetual noises in Whitechapel all night—I live in the country.

ANN KINTON . I am the prosecutrix's servant. I fastened the kitchen window with a bar—I got up about eight o'clock in the morning—I found the kitchen window shutters a little apart, the bar taken out, and lying on the dresser—there was a pane broken a long while before—there was no fastening at all, and the window could be pushed up—it was a sash window—it was down when I went to bed, and in the morning it was open—anybody could have got in through the window by opening it—they could pull the shutters apart afterwards—there is a bar inside, but they could easily push the shutters a little apart, and pull the bar down—the window is big enough for a person to get through—the person must have put the shutters to again—I heard nothing in the night.

CORNELIUS FOAY (police-constable K 98.) About nine o'clock on the morning of the 11th of Jan., in consequence of information, I went to Miss Gardiner's, and examined the premises—I found the footmarks of a boy in the leaden gutter, just at the back of the window in the kitchen on the front-floor—the servant mentioned the prisoner as a person she knew—she suspected him—he formerly lived in the service—I made inquiries for him—I found that he had been into a cellar, No. 4, Castle-alley—I went there, and in the cellar I found the property, consisting of spoons, ribbon, a cloak, and other articles—the prisoner was not there—I went in search of him, and found him in the gallery of the Garrick theatre the same evening—I told him that I charged him with breaking into Miss Gardiner's house, and stealing some spoons and other articles—he said, "Very well"—I took him to the station—he did not live in the cellar—he had been there that morning.

ANN KINTON re-examined. The prisoner lived with us six weeks or two months as errand-boy—he left in Nov.

ANN KELLY . I live at No. 4, Castle-alley, Whitechapel, and am a tailoress by trade. About six o'clock in the morning of the 11th of Jan. I was in bed, and heard the street-door open—I heard some one come in, and then heard a footstep in the passage, at the head of my bed—I then heard the closet-door go in the cellar—I heard something jink in the cellar—I thought something was not right—I got up, and heard something jink again in the cellar—I opened the room door to see who was coming up out of the cellar—it

was not light—I had a candle—I heard something jink again in the cellar, and then something fall; it appeared to me as if it was small tin pistols; it made a tinkling noise—about ten minutes after that the prisoner came out of the cellar—I had never seen him before—I asked him what business he had down in the cellar—he said he hoped I would not be offended, as he had slept there all night—I asked him what time he came in—he said, "Eleven o'clock last night"—I asked him if he had any employment—he said no—I asked him what he did when he was employed—he said he went to sea when he could get a ship—he told me his name was Merry, and his mother and father had lived in Castle-street fifteen years—he then asked roe if he might sleep in the cellar every night till he got a place—(the cellar is a place easily got at, at the street-door is on the latch all night for the lodgers—I occupy one room in the bottom part)—I told him I could not tell, as my husband was not at home—I have a husband—he then asked if he should call at nine o'clock for an answer—I told him yes, he could come—I never saw any more of him till I saw him at Lambeth-street office—the policeman afterwards came to my house, and asked if I had a boy slept in the house—I told him yes—I had been in the cellar before the policeman came, but bad not looked for anything—I afterwards found these things in the cellar with the policeman—I remember the prisoner's face again—I am sure be is the same boy—I did not inquire whether his father and mother did live in Castle-street.

MISS GARDINER re-examined. These things are mine—I have a fellow-spoon to this in my pocket—I have a particular spoon that I use every day—they are marked—this ribbon is mine.

ANN KINTON re-examined. The prisoner was usually called James when be lived with us—I knew his name was Merry by going after him when he stayed late to his dinner—I went to his mother's—she lived in Castle-street, and passed as Mrs. Merry.

Prisoner's Defence. I am innocent; I throw myself on the mercy of the Court.

GUILTY . Aged 17.— Transported for Ten Years—Convict Ship.

First Jury, before Mr. Common Sergeant.

30th January 1843
Reference Numbert18430130-605
VerdictNot Guilty > unknown

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605. JOSEPH SHIPPEY was indicted for stealing, on the 13th Jan., 1 heart, 1 liver, and 18lbs. of fat, value 8s., the goods of John Monk, his master.

JOHN MONK . I am a horse slaughterer, and live in East Mount-terrace, Whitechapel. On the 13th of Jan., about eleven o'clock, I went into my loft near the slaughter-house, and found a horse's heart and liver which had no business there—the prisoner was my servant—I returned about two o'clock, and they were gone—I went to a corn-bin, and found a pail about half full of horse-grease—I had the prisoner watched—I had marked the heart and liver, and know it is mine, because I had a horse in the place without a heart and liver—the fat had no business where it was.

THOMAS PARFIT . I went to Monk's, concealed myself, and saw the prisoner go to the stable where the loft is—I went out into the court, and the prisoner passed me with a sack over his shoulder, and looked very hard at me—I followed him into Whitechapel-road—he looked back two or three times—I said to him, "It is a rough night," and asked if Monk was over in his yard—he said no, he believed he was over at the Nelson—I went into Monk's house with the prisoner, asked to see Mrs. Monk, and asked her to see what was in the prisoner's sack—I heard her ask, "What have you got here?" and found the heart and liver at his feet.

ELIZABETH MONK . I am the prosecutor's wife. It is usual for the prisoner to bring in a sack of coals, instead of which he brought this liver and heart in it—I said, "Why do you bring this here?"—he said, "To show you"

—I said, "Why, I saw these down at the slaughter-house"—he said, "Don't be hard with me"—I gave him in charge—I found the sack in a coal-cellar, across the road, about 600 yards from the premises.

Prisoner'S Defence. On the night she bought the horse, it was shot down among the dirt of the yard; its inside was torn; the heart and liver got under the horse's head; in the morning I pulled the horse into the shed; she said there was no heart or liver—I was afterwards sweeping the yard, and found them in the mud, I brought them to the stable, and hid them for safety.


30th January 1843
Reference Numbert18430130-606
VerdictGuilty > unknown; Not Guilty > unknown

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606. THOMAS KNIGHT and WILLIAM SNELL were indicted for stealing, on the 12th of January, 1 pair of shoes, value 9s., the goods of Jeremiah Callahan.

JEREMIAH CALLANTINE . I am a shoemaker, and live at Limehouse-cause-way. I met Clark going after somebody—I followed, and saw him secure Knight—he produced a pair of shoes, which are mine.

Cross-examined by MR. BALLANTINE. Q. Were they not taken off Knight's feet? A. Yes, he was alone.

RICHARD CLARK . I was about 150 yards from the prosecutor's—I received information, and crossed over into Spread Eagle-street—I found the prisoners and another speaking together—I asked them for a pair of shoes they had stolen—I laid hold of Snell—he said he had not got any—the other two ran away—I went after them, secured Knight, and found the shoes on him.

JAMES GUARD . I live in Park-street, Limehouse. I was standing at Mr. Gardener's door on the evening in question—the one who is not taken said to me, "Hold your row, they are going to nick a pair of shoes for a poor boy"—the two prisoners were there—Snell stood against the wall—I did not see either of them take the shoes—the one who got away was walking backward and forward, and the prisoners stood against the shop-window where the shoes were—the shoes were taken, and all three ran away together immediately—Knight was brought back in about five minutes with the shoes on his feet—I am certain Snell was at the window with them.

Cross-examined by MR. BALLANTINE. Q. Had you known Snell before? A. Yes, a long while—I used to play with him—I have seen the one who said they were going to nick the shoes, skating—I told my brother directly—I saw the shoes go out of the window, but cannot say who took them—ours is a corner shop—I did not see either of them with the shoes—nobody was there but those three—Snell had not been talking to me.

RICHARD CLARK re-examined. I did not keep hold of Snell at the time—he did not offer to run away—Knight ran away—I found Snell at his father's house.

KNIGHT— GUILTY . Aged 20.— Confined Three Months.


30th January 1843
Reference Numbert18430130-607
VerdictGuilty > unknown

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607. JOHN THOMPSON was indicted for stealing, on the 18th of Jan., 6 sheep, value 12l., the property of William Matthews.—2nd Count, for killing the sheep, with intent to steal the carcases.

WILLIAM MATTHEWS . I am a publican and farmer, and live at Whetstone, On Wednesday morning, the 18th of Jan., between nine and ten, I saw my sheep in a field, called Alms-house-field—I had nine there—I went next morning, about the same time, and six were gone—I went to Smithfield on the Saturday, and found the skins, which I knew by the mark—I can swear to three of the skins which are here—I never saw the prisoner, till he was in custody.

BENJAMIN MATTHEWS . I heard of the loss of these sheep, and gave information to the police—I went to Newgate-market, and found six carcases at

Mr. Payne's, with the skins—I produce the skins—I brought a policeman, and took the prisoner in Mr. Payne's shop.

JOSEPH PAYNE . I live in Newgate-market. On Friday, the 20th of Jan. these six carcases and skins were brought to my shop to be told on commission by a Mr. Price and the prisoner—they arrived at my place about one o'clock—I never saw the prisoner before.

Prisoner. Q. Did I speak to you? A. You brought tbo sheep—Price represented you as the farmer belonging to them, and wanted me to purchase them—I would not—he wanted me to lend some money on them—I said no, I would not, I would sell them—this was in the prisoner's presence—he said nothing when Price said he was the farmer.

WILLIAM SHALLCROSS . I am a porter of Newgate-market. Between eleven and twelve o'clock on Friday the prisoner and Price came to me—Price said, "Friend, are you a porter in Newgate-market?"—I said, "Yes"—he said, "My friend and me have got six sheep, six skins, and six fats, which he has brought out of the country; they are slaughtered next to Mr. Venable's slaughter-house"—I went with them, and helped to carry them—the prisoner was with me, and represented himself as tht owner, he and his friend.

Prisoner. Q. Did I say I was the owner? A. Yes.

GUILTY . Aged 23.— Transported for Ten Years.

30th January 1843
Reference Numbert18430130-608
VerdictGuilty > unknown

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608. HENRY GOSS was indicted for breaking and entering the dwelling-house of Charles Chambers, on the 3rd of Jan., at St. George-in-the-East, and stealing therein, 1 clock, value 1l., the goods of Charles Chambers.

CHARLES CHAMBERS . I am a gun-stock maker, and live in James-street, Commercial-road, in the parish of St. George-in-the-East—the prisoner is a percussion-filer—I did job a for him. On Tuesday morning, the 3rd of Jan., I left my room, after breakfast, and went to work at my shop in Lambeth-street—at dinner-time I went to Limehouse, and left the prisoner in the shop—he had been there three weeks—I told my sons I should call at their uncle's at Limehouse—my son fetched me from there about half-past ten o'clock in the evening—the clock produced is mine—I had left the house at ten in the morning—I left the door and window shut—the prisoner bore a good character.

WILLIAM CHAMBERS . I am the prosecutor's son. I went home about three o'clock in the afternoon—I opened the street-door with a latch-key—the clock was safe then—I locked the room door, and about five I was playing near the house, and saw the prisoner come running out of my father's door, which he shut, and ran across the road, with one hand under his coat, and the other swinging—between seven and eight I went into the room, and missed the clock.

Prisoner. Q. How far were you from the house when you saw me? A. Two or three yards—I thought my brother was at home, and he had sent you on an errand—I had left him and the prisoner at the shop, but thought he might have come home.

CAROLINE OAKES . I am the wife of Thomas Oakes. I saw the prisoner at the prosecutor's house about dusk—he went into the prosecutor's room—I did not see him come out—I was coming down stairs.

CHARLES TRAVELE . I am shopman to Mr. Cordery. This dock was pawned by the prisoner on the 3rd of Jan.

CHARLES STEBBING . I apprehended the prisoner, and charged him with going into Chambers's house, and stealing a clock—he said be would sell his bed and every thing to make up the amount before he would be accused, and that he had not been in Chambers's place that day.

GUILTY . Aged 27.— Confined Six Months.

30th January 1843
Reference Numbert18430130-609
VerdictGuilty > with recommendation

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609. GEORGE TYSON was indicted for embezzlement.

JOSEPH GRAHAM . I am a wholesale stationer, and live in Jewry-street, Aldgate. On the 5th of Nov. I paid the prisoner 9l. 17s. for goods I received from Rose and Co.—I gave him a cheque, which has been returned to me as paid—I have it here.

THOMAS WATKINS . I am clerk to Mr. Newton, of Wardour-street, Soho. The prisoner called on me on the 19th of Nov.—I paid him 2l. 8s. 3d. for Rose and Co.

WILLIAM GEORGE CAVE . I live in Fenchurch-street. On the 23rd of Dec. I paid the prisoner 6l. 15s. on account of Rose and Co.

EDWARD DAVIS BAKER . I am in the service of William Rose and others, of New castle-street, Strand. The prisoner was their clerk—he was directed to apply for the money in these particular cases, but was not a general collector—he should pay them to me the same day as he received them—on the 5th of Nov. he did not pay 9l. 17s., from Mr. Graham; nor 2l. 8s. 3d. on the 2nd of Jan., from Watkins; nor 6l. 15s. on the 23rd of Dec., from Mr. Cave.

Cross-examined by MR. PAYNE. Q. Was he generally employed to receive money? A. He had no collecting-book—he was not to enter it into a book, but to hand it over to me—as he was going in the direction of these parties I told him to call, and wrote it down on paper—when he returned he said the parties were from home—I discharged him on Monday the 9th of Jan., as he had absented himself four or five days without sending to me the reason of his absence, and being otherwise dissatisfied—he came to me on the Wednesday after, and asked to see me privately, and said, "I am very sorry I have been doing what is very wrong"—I said, "What is that?"—he said, "I have been receiving money and keeping it"—I asked him of whom—he wrote down the names of five individuals, of which the witnesses are three—amounting together to 25l. 12s.—I had not discovered it—he wanted me to continue him in the service to work it out—I gave him in charge—he had told me one of the parties were out—he said, once or twice, Mr. Graham was in Scotland—I manage the concern—the firm all reside in Staffordshire.

(The prisoner received a good character.)

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

30th January 1843
Reference Numbert18430130-610
VerdictGuilty > unknown

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610. THOMAS WELCH was indicted for stealing, on the 31st of Jan., 1 pan, value 4d.; and 13lbs. weight of honey, value 15s.; the goods of Thomas Knight.

GUILTY .— Confined Nine Months.

30th January 1843
Reference Numbert18430130-611
VerdictGuilty > unknown

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611. GEORGE WILLIAMS was indicted for stealing, on the 23rd of Jan., 5 3/4 lbs. weight of pork, value 2s. 6d., the goods of George Prestige and another.

GUILTY . Aged 28.— Confined Three Months.

30th January 1843
Reference Numbert18430130-612
VerdictGuilty > unknown

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612. JOSEPH COWELL was indicted for stealing, on the 23rd of Jan, 1 bag, value 1d.; 3 crowns, 50 half-crowns, 122 shillings, and 41 sixpences, the property of Thomas Penny, his master.—2nd COUNT, stating it to be the property of Thomas Holton.

GUILTY . Aged 17.— Confined Six Months.

30th January 1843
Reference Numbert18430130-613
VerdictGuilty > unknown

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613. WILLIAM WILLIAMS was indicted for stealing, on the 22nd of Jan., a quadrant, value 30s.; and 1 jacket, 2s.; the goods of Matthew Grey Cooper; and 1 quadrant, value 30s., the goods of Charles Alexander Hunter, in a vessel in a port of entry and discharge.

MATTHEW TREBILCOCK . I am gate-keeper at the London Docks. On the

21st of Jan. I was on duty at the principal gate, and stopped the prisoner coming out—I asked what he had about him—he said, "nothing"—I felt, and found a quadrant under his shirt—he said it belonged to him—he was going to get it cleaned—on the opposite side of his breast he had another quadrant, which he said belonged to one of the boys, and he was taking that to be cleaned also—that he was second mate of the Thomas Leach, lying in the bason—this jacket was found on his person.

CHARLES ALEXANDER HUNTER . I am apprentice on board the Thomas Leach. The prisoner was on board on the 22nd of Jan.—one of these quadrants is mine—he had no business with it.

MATTHEW GREY COOPER . I was on board this ship. This quadrant is mine—I did not anthorise the prisoner to get it cleaned, or to have it.

Prisoner. The jacket is mine; I am in default about the quadrants.

GUILTY . Aged 43.— Confined Four Months.

30th January 1843
Reference Numbert18430130-614
VerdictNot Guilty > unknown

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614. WILLIAM MILTON was indicted for stealing, on the 20th of Jan., 1 mare, price 6l., the goods of Joseph Limpus.

JOSEPH LIMPUS . I had a brown mare, which I saw safe in the field in Hounslow-road on the 17th of Jan., near the nine mile-stone—I saw her again on Friday the 20th of Jan., in the same field.

JAMES HUDSON . I am a policeman. I was on duty in Hounslow-road, in the parish of Heston—about a quarter past twelve o'clock in the night, I heard horses galloping in the field where Limpus keeps his horses—I got over the gate into the field, and walked along the hedge, about 100 yards—the horses ceased galloping—I stopped, and saw the prisoner leading one by the top of the mane—he stopped when he came opposite me—I said, "Halloo, what are you doing with that horse?"—he said, "I don't know, I am going to have a ride"—I said, "You must ride with me to the station"—he had not got out of the field—the gate was off one hinge—I took him in charge—the mare galloped away in the field—on the way to the station he said he thought of mounting the horse to gallop away to some place where he might lie down—at the station I was obliged to handcuff him to search him—I found on him a discharge from the hulks—he said he had been transported for seven years, but discharged at the end of four for good conduct.

JOSEPH LIMPUS re-examined. This was my mare.

(The prisoner put in a written defence, stating he was discharged from the hulks in the day on question, and being intoxicated, he went into the field—that the policeman did not say, till his second examination, that he was leading the mare, of which he was innocent,)

JAMES HUDSON re-examined. He was drunk—he bad no bridle with him.


30th January 1843
Reference Numbert18430130-615
VerdictGuilty > unknown

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615. SARAH NEALE was indicted for stealing, on the 29th of July, 1 towel, value 6d.; and 1 brush, 8d.; the goods of Mary Pack.

MARY PACK . I live at Knightsbridge. The prisoner left me on the 24th of Dec., I missed a towel, and shoe-brush—she was afterwards in custody—I then went to No. 76, Harley-street, and found them.

MARY GARRARD . I am the wife of G. H. Garrard. We have the house, No. 74, Harley-street, to mind—the prisoner came to lodge with me, and slept in the front attic—she occupied the room the towel and brush were found in—I had seen her with them.

GUILTY . Aged 25.— Confined Three Months. (There was another indictment against the prisoner.)

30th January 1843
Reference Numbert18430130-616
VerdictGuilty > unknown

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616. CHARLES MADDEN was indicted for stealing, on the 25th of Jan., 2 tea-pots, value 2s., the goods of Henry Wilmot Fownes.

SARAH FOWNES . I am the wife of Henry Wilmot Fownes, of Old Paradise-row, Islington. On the 25th of Jan., I was in the parlour behind the shop—I saw the prisoner come from behind the counter with two tea-pots in his hand—I called to him to stop, but he went out at the door, and dropped a tea-pot—I followed him about two hundred yards, and he was secured—I am sure he is the boy—I had known him a long time—he dropped one at the door, and threw the other into the road.

Prisoner's Defence. I never saw them.

GUILTY . * Aged 14.— Confined Three Months.

30th January 1843
Reference Numbert18430130-617
VerdictGuilty > unknown

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617. ANN FOLEY was indicted for stealing, on the 19th of Jan., 11lbs. weight of pork, value 6s., the goods of Henry Pettifer; and that she had been before convicted of felony.

HENRY PETTIFER . I live with my father in High-street, St. Giles's. On the 19th of Jan., about seven o'clock in the evening, the prisoner came into the shop, and bought a quarter of a pound of beef which she paid for, and took a leg of pork with her—I stopped her about half a yard from the door, and asked where she was going to take that pork, I should lock her up for it—she said, "You don't mean to do that, when you ran after me and put it under my cloak."

WILLIAM BOFFIN . I am a policeman. I took her into custody, and found on her a basked containing sixteen lace caps.

Prisoner's Defence. I do not recollect having the pork; I was rather drunk.

WILLIAM CUNNINGHAM . I produce a certificate of the prisoner's former conviction—(read)—I know her to be the person.

GUILTY .— Transported for Seven Years.

(There was another indictment against the prisoner.)

OLD COURT.—Friday, February 3rd, 1843.

Third Jury, before Mr. Common Sergeant.

30th January 1843
Reference Numbert18430130-618
VerdictGuilty > pleaded guilty

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618. ELIZA HOWARD, alias Sarah Tilling , was indicted for stealing, on the 29th of Jan., at Harlington, 1 purse, value 2d.; 10 sovereigns, 2 halfsovereigns, and 1 5l. Bank-note, the property of William George Connolly, her master, in his dwelling-house; to which she pleaded

GUILTY . Aged 17.— Transported for Ten Years.

30th January 1843
Reference Numbert18430130-619
VerdictGuilty > unknown

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619. JAMES COLLIER was indicted for stealing, on the 21st of Jan., 4 sovereigns, the monies of Philip Charles Boren, his master.

PHILIP CHARLES BOREN . I am a licensed victualler, in Long Acre. I took the prisoner into my service, on the 17th of Jan.—on the 21st, I gave him four sovereigns to exchange for silver—I never saw him after, till he was brought back by the policeman—he then had a new suit of clothes, and new boots, which he had not when he left my house.

WILLIAM POCOCK (police-constable F 81.) I took the prisoner into custody—he had a suit of new clothes, a new great coat, and hat.

Prisoner's Defence. I had the same things I have now; I went to Mr. Clark's, the pawnbroker's, to ask for change; he had none to spare, and when I got to another place I found I had lost the money.

GUILTY . * Aged 18.— Transported for Seven Years.

30th January 1843
Reference Numbert18430130-620
VerdictGuilty > unknown

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620. THOMAS HILL was indicted for stealing, on the 28th of Jan., 1 pair of drawers, value 2s., the goods of Thomas William Brown.

THOMAS WILLIAM BROWN . I am a linen-draper, and live at No. 144 and

145, Ratcliff-highway. About half-past eight o'clock, on Saturday night, in consequence of something I watched the prisoner—I concealed myself, and saw him go up to the drawers which hung at No. 145, three times—he then took the drawers down, and put them under his coat—I immediately went out, clasped him in my arms, and the drawers dropped from his coat—they are mine.

GUILTY . † Aged 19.— Confined Six Months.

Before Mr. Justice Williams.

30th January 1843
Reference Numbert18430130-621
VerdictGuilty > with recommendation

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621. WILLIAM HENRY RICHARDS was indicted for feloniously killing and slaying Henry Richards.

SARAH ELEANOR STOCKMAN . I am thirteen years old, and live in Eastrow, Kensal, New-town. I know the prisoners—he lived a little below us, and kept a house—I do not know what business he is—I am sure he lived by himself, and not with his father—he is married—his father kept a chandler's shop—he did not assist his father—on Monday evening four weeks, about ten o'clock in the evening, I was going to get some beer for my father, and saw the prisoner and his father in his father's shop—I do not know what he was there for—there was nobody else there—the shop shutters were to, but I could see into the shop—the door was open, and I saw through the door—I was crossing the road, and saw them in high words—I heard high words from them both—I do not know what they were saying—they were speaking in a loud voice—I mean they were scuffling together—I saw the prisoner trying to get a knife from his father, and with that Mr. Richards stabbed the prisoner—the prisoner then took the knife from his father, and, said, "You have done it to me, and I will do it to you" and he then stabbed his father—I did not see where be stabbed him—the prisoner then went away—as he was going out of the shop door, the father took a candlestick from his side, and was going to hit him with it—the deceased's wife then came down, and led him into a room—I did not see how the prisoner used the knife when he stabbed his father—I saw him stab him, but I did not see where the knife went—I did not see whether it had any effect on the father—I was outside the gate—he walked, and his wife and Mrs. Hickman led him into the next room, one holding him by each arm—I knew the deceased by sight before—I saw him again on the Saturday after this—I went into the shop for something, and he served me—he seemed very well then—I did not see him again.

Cross-examined by MR. BALLANTINE. Q. I understand you were standing close to the door when this took place? A. Yes, not close to the shop-door, but by the gate, that is three or four yards from the door—I was as far off as that when the first loud language took place—I never came nearer—I did not hear any words—they were not speaking when I first saw them—they were scuffling together—I did not hear any thing said then—the father appeared very violent—he had a knife in his hand, and was endeavouring to stab the prisoner a good many times—it was after that that the prisoner took the knife out of his hand—I am certain of the words the prisoner used then—he said, "You have done the same to me, and I will do the same to you "—those were the exact words—he said that after he took the knife from his father, and before he stabbed him—I did not see in what part he appeared to stab his father—I will swear that he did strike at his father with the knife—I did not see towards where be struck—I thought, when he used those words, that he was going to strike his father—I did not see him lift up his hand—I saw no blood—I saw that his father stabbed him, I do not know where—the prisoner left the shop, immediately he was able to extricate himself from his father—he appeared to be defending himself throughout.

COURT. Q. How are you enabled to say that you saw the prisoner stab his father? A. Because I saw him—I did not see him stab him, because they were scuffling about—he took him by the collar, and stabbed—his arm moved towards him.

MR. BALLANTINE. Q. With which hand did he appear to strike? A. The right hand, I think.

JOHN ALFRED RICHARDS . I am the prisoner's brother—my father's name was Henry Richards—I saw him on Monday night, the 2nd of Jan., it was about half-past nine o'clock when I left him—he was then rather tipsy—I did not see the prisoner there, and saw nothing of the transaction—my father died on the 20th—I did not see him after this occurrence till the Sunday following—he ate a hearty dinner then, and drank some ale with me—he said he felt a little pain—I did not perceive much change in him—I did not see him again till the following Sunday, he was then in bed—I was not there when he died—he did not go about his business between that Sunday and his death—I did not see him out of bed between that Sunday and his death—the prisoner had previously served behind the counter for him, assisting in the business, but was not doing so at the time in question—I heard my father send in to ask him to go with some coals on the Monday—I did not see them together.

Cross-examined. Q. I believe your father was a man of somewhat intemperate habits? A. He was, very much so; he was given to drinking a great deal—he continued in the same course after this transaction—on the following Sunday he drank some ale and brandy with me—he was a person of very violent conduct—he twice attempted my life with a knife, and once broke his wife's arm.

COURT. Q. What age was he? A. Forty-four—he had complained very much of not having good health of late—he used to be a stout man, but not before he died—he was not a powerful strong man.

JAMES MACROFT TWINAGE (police-constable D 189.) On the 2nd of Jan., a little after ten o'clock, I was on duty near the deceased's shop—I heard something which took me there about a quarter or half-past ten—I saw the deceased in an upper room—he was sitting in a chair, and seemed much exhausted—I saw a wound just in front of the left shoulder—his wife removed his clothes, and I saw the wound—it was bleeding a little, but not very much—it appeared about an inch and a half in length, and was about a quarter, or three-eighths of an inch open—I sent for Mr. Brown, the surgeon, who came—I then went to the prisoner, at Mr. Wright's, a butcher's, his father-in-law—he was not lodging there—I heard that he was there, and went there to see—I asked him what was the matter, he said, "Nothing is the matter "—the prisoner's wife then said, "That wicked old wretch has stabbed him"—I asked where—the prisoner then removed his shirt, and showed me a wound in his side—I should think it was three-quarters of an inch long, and not more than one-eighth of an inch open—it was bleeding a little—he said, "I went over to my father's, to get half a pound of cheese, my father said I should not have it—I said I would; I had got the money to pay for it—he said if I did not go out of the shop, he would cut my b----guts out, and he then pricked me in the side "—he did not say what with—he said, "My hand was the worst; I cut that taking the knife away from the old man; and I gave him as good as he sent "—I found this knife lying on the deceased's shop-floor.

Cross-examined. Q. I suppose you were asking questions all this time? A. All the questions I asked was what was the matter, and to show me the wound—I asked no other—I did not tell the prisoner that his father was in

any danger until the 14th, when I took him into custody—when I went to him at Wright's I did not say that I came for anything—I asked him what was the matter—a boy had told me he was stabbed, and I went to see if he was stabbed—I considered they had both been injured.

HARRIET HICKMAN . I am the wife of Thomas Hickman, a policeman. I knew the deceased—he kept a chandler's shop—I went to that shop on Monday, the 2nd of January, between ten and eleven o'clock, for a bundle of wood—the prisoner was at the counter, holding his father by the throat, when I went in—I called to him—he let go of his father, and the father ran towards the parlour door leading out of the shop—I said something, but I cannot recollect what, I was so frightened—the father threw a candlestick at the prisoner—it missed him—the father then exclaimed, "Oh, you have stabbed me, you have stabbed me!"—the prisoner staggered to the door, and exclaimed, "You have done the same by me!"—the prisoner was very much in liquor—his mother then came into the shop, and asked me to assist in getting her husband up stairs—the prisoner went away—I did not see him again that night—I saw no knife or any weapon about—I fetched the policeman—I did not see him find the knife—I saw the deceased afterwards—he served me in the shop about a week after—that was the last time I saw him—he must have been stabbed before I came in—I saw the wound on his left shoulder—the prisoner was holding him by the throat, and he was leaning back on the counter, with his face upwards—I did not hear any words pass between them.

Cross-examined. Q. Did you see the little girl there? A. No, I did not—I thought I saw some one, but I was so frightened—I did not notice a little girl standing at the gate—the prisoner had hold of his father's throat at the time with his left hand.

THOMAS BROWN . I am a surgeon. I was called to the deceased on the 2nd of Jan.—I found a punctured wound in the upper part of the left side of the chest, made by some sharp instrument—it was about an inch and a half in length, and about four inches in depth, extending obliquely downwards and inwards, not a direct wound—I did what was necessary for him, and attended him until he died—I did not apprehend any danger at first—I heard that he went about his business, but I did not see him do so—I gave him strict directions to keep quiet, because a punctured wound is always a dangerous wound—I saw him every day, and some times twice a day—he was always up stairs in his bed-room when I saw him—after I first saw him the wound assumed a very dangerous appearance, inasmuch as it never showed any disposition to heal—it was very insidious—there was low fever—I apprehended danger after I dressed the wound the first time, and came to examine it the second time, and saw no disposition to heal—he died on the 20th—I examined him after death—the cause of death was inflammation of the pleura, the covering of the lung, and of the pericardium, the covering of the heart, caused by the wound—I am quite sure the wound was the cause of death—by the Coroner's direction, I fitted this knife to the wound, and they exactly coincided in shape.

Cross-examined. Q. The wound, I believe, was not very deep? A. Not very—it was a superficial wound, but considering it had penetrated the pleura, there was danger to be apprehended—the pleura was actually penetrated—the pleura lines the ribs internally, but the knife might go between the ribs, and in this instance it did—the wound was obliquely across the ribs—in passing down it broke the seventh rib, and the point just penetrated the pleura—I examined that rib—I could not undertake to say it was broken by the knife—it was broken in the direction of the wound—the rib must not necessarily

be in a very bad state to be broken in that way—a rib is very easily fractured—I was not aware of any fracture of the rib when I first treated him—I did not imagine there was a fracture until I saw it—it was broken like a green stick, not entirely through, so that there was not the crevice which we see in a fractured bone—if he had been in the habit of drinking or eating improperly, that would have been very much against the wound healing—it was contrary to my express directions.

COURT. Q. Do you think his habits had any thing to do with his death? A. It might have hastened his death, but not caused it—the knife could have caused the appearances the rib presented—there was nothing in its appearance which the knife might not have occasioned.

(The prisoner received an excellent character.)

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

Before Mr. Justice Maule.

30th January 1843
Reference Numbert18430130-622
VerdictGuilty > unknown

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622. JOHN HORAN was indicted for feloniously assaulting Edward Fitch, on the 8th of Jan., and cutting and wounding him on the left side of his head, with intent to do him some grievous bodily harm.

MR. PAYNE conducted the Prosecution.

EDWARD FITCH . I am in the employ of Mr. Webb, a cheesemonger, in the Edgeware-road. On Sunday, the 8th of January, I was in company with a person named Howard—I bad been to Dr. Vaughan's chapel at Kensington, and was returning from there about one o'clock—we entered Hyde-park by the Kensington gate—there is a public footpath there, leading by the barracks, which are on the left-hand side as you go into the park—I observed a sentinel there pacing backward and forward in front of the railings that separate the park from the barrack-yard—it was the prisoner—his sentry-box I think was inside—I saw none outside—I and Howard stopped there—we were attracted by the soldiers in the yard in their undress—they were sweeping—they had caps on which hung over the side—one of the men jumped on the stool (on which, I suppose, the soldiers sit) leaning on a spade, looking down, and the others were sweeping underneath him on some paved stones—when we stopped to look, the men in the barrack-yard called to the prisoner, "Send them on"—upon that one of them said, "Hit them with your carbine"—I could not see who it was said that—the prisoner upon that said, "Go on," in a very imperative tone—Howard said, "I am not aware that we are doing any particular harm"—the prisoner said still more imperatively, "Go on, Sir"—I said, "I certainly shall not run away"—we had moved a few paces after he spoke the first time, and were proceeding slowly along—we were not within any part of the barracks—I was on the verge of the footpath, which is about ten feet wide, the verge furthest from the barracks next the roadway—after I said, "I certainly shall not run away," the prisoner instantly knocked me down—I was in advance of him, going from him—I had my back to him—he came behind me, and struck me on the left side of the head, and I fell on my right side in the road—I was completely stunned by the blow—when I recovered myself I was bleeding dreadfully from the head, the blood was streaming in torrents—my hat was cut through both the outside and the lining—I bled very much indeed—the blood stained my outside coat, and second coat, my waistcoat, through my stock, shirt, and flannel shirt, to my skin—I was assisted to Mr. Morris's, and had my head dressed—I had not said or done any thing more to the prisoner than I have described, before he knocked me down.

Cross-examined by MR. BALLANTINE. Q. I suppose he was in uniform, and on his duty? A. Yes—his box was inside the gateway, not outside—

there was not sufficient room for it to stand—he was pacing backward and forward in front of the barrack gate, outside the gate—it was not at the barrack gate that I stopped, but beyond, nearer the Kensington-gardens gate—I was able to see obliquely into the barrack-yard—I was not immediately on the beat of the sentinel—I was a short way from the sentry-box, on the footway, and the sentry-box was inside—I was more than a yard from the sentry-box—I do not know the distance—we crossed the footpath to go in at Kensington-gardens gate, and stopped on the footpath to look at the soldiers—I have told all that took place on this occasion—I made use of no expression besides what I have described—I said I certainly should not run away—I had said nothing befoie that—no remark passed from me or Howard to the soldiers—I did not say, "Let us stop here, and see these scavengers violating the sabbath, instead of being at church;" nor, "They have not been long up, they have got their nightcaps on"—I distinctly swear I did not—I will swear I did not use the term "cap" at all, nor did Howard—we did not continue using expressions of that kind for some time—the prisoner did not repeatedly request us to go on—he said twice, "Go on"—those were the only words that passed from the sentry to us.

Q. Why did you not go on? A. Because I considered I was on a public footway, and we had not been on there more than a minute and a half—I had no particular reason for not going on—indeed, we were moving on slowly—I did not say, "Who do you desire to go on, you b----soldier? you may go on and be d----"—that is different from the expression which the prisoner imputed to me in the officer's room—it was, "I shan't go on, you b----soldier, go to h----"—I swear solemnly that I never used such words—I was not using any language of that kind when the prisoner struck me with the carbine—Mr. Smith was behind me—I had never seen him previously—when I was knocked down he came up, shook me by the hand, and said, "I saw the villain knock you down, and I shall be happy to help you bring him to justice," or some such remark—but I have an indistinct recollection of the words—I believe he gave me his name.

MR. PAYNE. Q. At the time Smith came up and spoke to you, had you quite recovered from the effect of the blow? A. Scarcely—I had just got on my legs—I did not observe that my head was bleeding till Howard pointed to it—there is no truth in the expressions attributed to me—I am living with a gentleman who would not allow such expressions—he has a young family, and is particularly careful of their morals, and it a person was to use such expressions he would be instantly discharged.

JOHN HOWARD . I am in the service of Mr. Webb, with Fitch. On Sunday morning, the 8th of Jan., I had been with him to chapel, and about one o'clock, we were in the footpath leading to Hyde-park, by Kensington-barracks—as we went by, we observed the soldiers in the barrack-yard—the prisoner was the sentry on duty outside—he had a carbine—I and Fitch stopped to see the soldiers in the barrack-yard, as they had just come out of their stables with their brooms up—the footpath is very wide there—we were standing on the side nearest the carriage-road, the farthest from the barracks—as we were standing looking at the soldiers, the soldiers hallooed out to the sentry, "Send them on!"—another immediately told him to knock us down with his carbine—with that the prisoner came up and ordered us to go on—I said, "I am not aware that we are doing any harm"—he again ordered us to go on in a more imperative tone—Fitch replied, that he certainly should not run away, in a very temperate tone—we moved on—I was moving on when the blow was struck—I was a little in advance of Fitch—I

did not see the blow struck, but on turning round, I saw Fitch down in the carriage-road—his head was bleeding, his clothes stained with blood, and his hat cut—the soldiers did not offer to assist him in any way—I assisted Fitch, after he recovered himself, to the doctor's to have his head dressed—neither I nor Fitch did or said anything to the soldiers besides what I have stated, before the blow was struck—I never used any such expression as, "You b----soldier, go to h----," or anything of the sort, nor did Fitch, in my hearing.

Cross-examined. Q. Am I to understand that neither you nor Fitch said anything loud enough for the soldiers to hear, about their caps? A. No—I do not remember anything being said about their caps—I will swear that I said nothing about their caps—Fitch was knocked down—he got up himself very soon after the blow was struck—he went entirely on the ground, sideways—Mr. Smith came up—neither I nor Fitch said anything about the soldiers being a parcel of scavengers—we did not stand at this place above three minutes in the whole.

ROBERT SMITH . I am a broker, and live at No. 18, Gray's Inn-lane. On Sunday, the 8th of Jan., about one o'clock in the day, I was in Hydepark, near the barracks—I was about three yards behind Fitch—I was passing along the public footpath, going the same way as Fitch and Howard—I could see all that took place between them and the prisoner—they stopped together—I stopped about three yards behind them, looking at the soldiers in the yard sweeping—when they stopped, I heard the prisoner say to them, "Go on"—they did go on, directly, about half-a-yard, not much, I should suppose—the men in the yard sung out, "If he don't go on, knock him down with your carbine!"—the prisoner immediately said, "Go on"—they did not go on, and he knocked Fitch down with his carbine—he laid hold of his carbine with both hands, and struck him over the side of the head—Fitch laid down—he seemed stunned, to me—I walked up, as quickly as I could, to lay hold of him—I said, "You are cut"—the blood streamed down his face—the prisoner turned coolly round and put his carbine to rights again—the blow started the ramrod—I was not close enough to see whether the blow started it, but I saw him put it down after—neither Fitch nor Howard used any violent or provoking language to the prisoner, previous to his striking the blow, nothing more than I did myself, turned round and smiled—no violence was committed by them to the soldier, or any abusive language used—they did not say, "You b----soldier, I shall not go on; go to h----!"—I was within three yards of them, and should have heard if they had.

Cross-examined. Q. Was there anything said about their caps? A. I did not hear anything; there might have been—Fitch said something to Howard about caps, what it was I could not hear—Howard was close by his side—I did not hear—he did not call out anything about caps, that I swear—I cannot say what it was, I was looking at the soldiers—I was standing about four yards on this side of the sentry-box nearest to Kensington Park-gate—I was nearest to the barrack-gate, and about two yards from the railings—I was at the edge of the path—I do not know how wide the path is.

JOHN SIMS . I am a cab-driver, and live in Gloucester-mews, Portman-square. On Sunday, the 8th of Jan., I took an officer into the barrack-yard, and was waiting there two hours—about one o'clock I saw Fitch and Howard—I heard the prisoner tell them to move on once—they moved on a yard or two, it might be more—some one in the barrack-yard said, "Send him off"—one of the two, I cannot say which, said, "How conspicuous they looked in their caps"—I am sure one of them said so, and the men that were sweeping the

barrack-yard said, "Send them off"—the prisoner then told them to go on again—he took up his carbine, and Fitch was knocked down instantly—the blow was struck at the side of the head or neck, with the barrel-part of the carbine where the ramrod goes in—when Fitch got up he seemed as though he was stunned—I did not see him bleeding, I did not leave my horse's head—I had not heard them use any abusive language to provoke the soldier, or say anything except how conspicuous they looked in their caps.

Cross-examined. Q. How far were you from them? A. I should say it might have been twelve yards from the gate where my horse stood—they were outside the gate, and I was in the barrack-yard—I must have been farther from them than the soldiers were—I distinctly heard one of the two say, "How conspicuous they look in their caps"—I do not know who that was addressed to—they were looking to see the soldiers sweeping up the barrack-yard—they were not standing quite at the gate, but at a little place at the side, where there is a little grass growing—it is on the public foot-path, not the sentinel's path—the sentinel's path is up to a little past the gate, not quite a yard and a half from the railing, I think—I did not hear the word "scavengers" used, I am quite positive.

JOHN MORRIS . I am a chemist and druggist, and live in High-street, Kensington. On Sunday, the 8th of Jan., Fitch was brought to my place about a few minutes past one o'clock—he was bleeding from a wound on the left side of his head, about an inch and a half long—the scalp was severed—it might be called a scalp wound—it was dressed under my superintendence—it probably might arise from a blow from a carbine—it was not inconsistent with that.

Cross-examined. Q. Is he pretty well now? A. Yes—there does not appear to be any evil effects arising from the blow—a blow might be struck with a carbine which would kill a man.

Witnesses for the Defence.

JAMES JONES . I am a private in the Royal Guards. On Sunday, the 8th of Jan., I was stationed at the barracks at Kensington—I was sweeping the barrack-yard—the prisoner was on sentry on the line marked out for him, doing his duty quietly, and was interrupted by Fitch and Howard, who came to the gate—I heard Fitch say, "Look at the scavenger soldiers violating the sabbath instead of being at church"—I was within three yards of the rails—I heard Howard say, "Yes, they have not been long up, for they have their night-caps on"—I heard the sentinel order them off—it was his duty to do so, if they were on his beat—they did not go off—I heard one of them, I do not know which, say, "I am d----d if I do"—at that time they moved four or five paces, but not off his beat, they were still close to the railings—I heard the sentry say, "If you don't go off I will knock you down"—I heard distinctly afterwards the words "hell" and "soldier," but did not hear the rest of the sentence—I did not see a blow given, but I saw Fitch after he got up—a carbine is not a particularly heavy instrument—a blow struck with force would not be more than a blow from a stick, I should think—the barrel is a great deal thinner than the butt.

MR. PAYNE Q. What is the barrel made of? A. I believe metal—it is a public footpath leading by the barracks—the sentries' beat is close to the rails—persons standing close to the coach rank are not on his beat—the sentry box is inside the gate—he is posted outside the gate—I do not know whether the path is ten feet wide—my back was towards the prisoner when the blow was inflicted—I do not know which it was said, "I am d----d if I do," or "hell and soldiers"—he has been four or five years in the regiment I suppose—we have orders to clean the yard out—there is a form in the yard

—I did not see any body on it with a spade—I did not hear anybody say "Go on," or, "Make them go on"—I will not swear it was not said—the sentry has orders to keep his post clear—it would not have occurred if he had not been insulted.

ROBERT LYNN . I am a soldier in the Royal Irish Guards. On Sunday the 8th, I was cleaning the barrack yard—I saw Fitch and Howard when they came up to the gate—Fitch said, "Observe those scavengers violating the sabbath"—I was nearest to him—it was said loud enough for me and Jones to hear it—he was told by the sentry to go on—he was on the beat at that time—the prisoner kept on his beat during the whole transaction—civilians are not allowed to be on the sentry's beat—there are general orders to remove them—I swear they were told to go on several times—the second or third time Fitch said, "I will see you d----d first"—the other replied, "I do not see what harm we are doing here"—they moved three or four yards facing the sentry box which could be seen—they did not move off the beat—I heard the sentinel order them on several times, and heard Fitch say, "Go to hell, you bl—y soldier"—I then saw him fall—I have no doubt it was from a blow from the sentinel—the prisoner has been in the regiment four or five years—he was the quietest man we have in the regiment—I was close to Jones when I heard the expression.

MR. PAYNE. Q. Where is the sentry box? A. Near the gate inside—the footpath is about four yards wide—the man fell at the edge of the footpath nearest the carriage road—I suppose he was struck, as I saw him stagger and fall—the sentinel was on his post at the time—I do not know what he was doing—I saw the prosecutor's head bleeding—I did not go to help him up, nor did any of the soldiers.

Q. On your oath, did you not see him take the carbine in both hands, and strike him with it? A. I did not—my eyes were not that way at the tine—I heard the blow—it was something similar to the sound of a carbine on a man's head.

CHARLES LAW . I am a soldier in the 8th Guards. I was on duty in the barrack yard on the 8th—the prisoner was on duty, and the two witnesses were standing on his post—I did not hear any of them making any remark—they seemed pointing to the men in the yard, and appeared to be speaking—I was not near enough to hear what they said—I heard the sentinel tell them to go on twice—I saw the blow struck by the sentinel—I hare known the prisoner two years—he was a well-conducted, orderly man.

ROBERT HARDING . I am a corporal, in the 8th Hussars. The prisoner was in my regiment—he was the quietest man in the regiment—I did not see the blow struck—I heard the sound of it—I was twenty-five yards off—the ramrod of a carbine is tolerably loose—what I heard was the barrel come against the man's hat—the prisoner was on his proper line of duty—the orders are to keep the beat clear.

GUILTY . Aged 24.— Confined One Year.

Before Mr. Justice Williams.

30th January 1843
Reference Numbert18430130-623
VerdictsNot Guilty > unknown

Related Material

623. GEORGE MERRITT was indicted for stealing, on the 10th of Jan., 2 mares, price 20l.; 2 geldings, 15l.; 2 pads, 3l.; 4 traces, 12s.; and 2 collars, 8s.; the goods of John Brooks: and THOMAS WILLIAM PURSER , for feloniously receiving the same, well knowing them to have been stolen; against the statute, &c.

MR. CLARKSON conducted the Prosecution.

JOHN BROOKS . I am proprietor of an omnibus, and carry on business in Ordnance-mews, Portland-town. The prisoner Merritt is related to me—his wife is my wife's sister-in-law—he was in my service as horsekeeper with me

and Harris, who were in partnership—that partnership was dissolved about June last—I afterwards made an arrangement with Merritt, that he was to be made conductor, (taking him from the horsekeeper's place,) so that his wages on an average the year through would be about 23s. a week—before that it was 18s.—I was proprietor at that time of three horses and harness—in July I made an arrangement with him that the profits of the omnibus I ran with Harris would be 24s. a week—I agreed he should receive 23s. a week—that his part of the profits should amount to 23s. a week, the year through for his services as conductor—I did not give him the slightest share or participation in the horses—I hired an omnibus to run from Ordnance Mews to the Bank—I was to pay the expense of keeping the horses, and the omnibus was to pay the expenses—a horsekeeper was hired, and five horses were devoted to the omnibus—the prisoner was to go with it as conductor—he lent me 6l. 10s., in one instance, and 10l. 10s. in another—I paid him back again in Aug.—I did not borrow any money of him on the horses, nor authorize him to take the horses away-Cox was my horsekeeper—I carried on the omnibus from July to Jan.—I paid Merritt from the earnings of the omnibus down to 10th of Jan., and on the 10th of Jan. I learnt something had happened to the horses—on Saturday the 14th, in consequence of information, I went to the house of Purser, at Lampton, about a mile from Ealing, and found him at home—I asked if he had any horses for sale—he said, "Yes"—I said, "Will you allow me to look at them?"—he said, "Certainly, walk in"—I went in—he showed me three horses—I immediately said, "They are my property—they were stolen from me on the 10th—I have a receipt to prove they are mine"—I described the party who stole them from me, and said I must demand them of him—he said he could not give them up—he had bought them, and then that he had partly paid for them—I said, "What have you paid?"—he said he could not exactly say—I said, "Whatever it is I will pay you, and take them away"—he said I could not do that—I said, "Then I must give you in charge"—I went and met Sergeant Jeeks, told him of it, and he went with me to Purser's, and then he said he had got the horses from Merritt, and partly paid for them—he would not satisfy us what he paid for them—I gave him in charge—I told him there was also a set of horse-harness stolen from me with "B" on it—he declared he had never seen them, and denied all knowledge whatever of it—the fourth horse which, I had not found then, was a grey mare—I told him four horses were stolen, and asked if he knew anything of the fourth—he said he did not at first—I took him to the station, and then he said he recollected Merritt and he had sold a grey mare to Hitchcock, at Greenford—I was about to have him locked up—he then said he was going, out with his wife to dinner, and had his horse ready harnessed to go, and if I would only grant him that he might not be locked up, the horses should remain on his premises, and not be removed, and he would not advance any money on them, nor part from them on any account, that Merritt was to call for the money on Tuesday, and if he did not call he would give up the three horses to me on paying 15s. which I said I would do—I asked if he would give Merritt into custody if he came—he said yes, if I wished it—I gave him orders to do ss—I went to his house on Tuesday with Sergeant Thompson, and Merritt and his wife were there—I said to Purser, "I have come for the horses"—he said, "Oh, I have bought them since, and paid for them—I have the receipt in my pocket"—I immediately gave Merritt into custody—the three horses were taken to the station—I did not give Purser in charge till the Friday—the whole of the harness was found on the Wednesday in Purser's back room—they have my initials on them—Merritt

said at the station, if I liked to drop it, Purser should give up the horses—he was remanded till Friday—Purser gave his undertaking to appear upon Friday, which he did—at the second examination Merritt was committed, and Purser admitted to bail—I have found the grey mare.

Cross-examined by MR. ADOLPHUS. Q. How long have you driven this omnibus to which your horses were attached? A. Since July—all that time Merritt was in my employ—he was conductor—I was the driver and proprietor—the names of "John Brooks and George Merritt" were on the omnibus, and also in the licence—it was obliged to be so, on account of his name being on the omnibus—his name was on the omnibus from June to January—I knew nothing of the sale of these horses to Purser—I found Purser at his own house—he promised to attend before the Justice, and he did attend—the grey mare was sold at Southall-market, which is a cattle market—they do not generally sell horses there, not once perhaps in fifty years—very seldom.

Cross-examined by MR. BALLANTINE. Q. Were not the terms on which you and Merritt worked this omnibus together these, that the profits arising from the omnibus were to be appropriated to pay the expenses of the omnibus, the keep of the horses, and the servants? A. Yes—the surplus was to be divided between us, for his wages—it was always understood that he was to receive 23s. a-week wages from me—I considered him merely as a servant—I considered him as a friend, knowing him some time as a horse-keeper in my employ, and thought he would do more justice than a stranger as conductor—after paying all expenses of the omnibus, the overplus was to be equally divided between us, for his wages—he cannot possibly make me a partner, because the money was mine—I can prove it—I can take my oath of it—I gave him into custody, because I wished my property back, but I consider he deserved punishment as well, because he behaved extremely cruel to me—if the profits exceeded 23s. a-week he was not to receive more—if the money received one week exceeded 23s. he would receive more, and next week perhaps it would not amount to quite so much, more or less—during the year through he was to receive 23s. a-week—if the profits amounted only to 20s. a-week I should have had to make it up to him—I agreed that he should average 23s. a-week the year through, and he agreed to accept it—I knew it would not amount to more—I told him I should make it up to 23s.—he advanced me on one occasion 10l. 10s., and on another 6l. 10s., all of which has been returned—I did not give any acknowledgment to him—I considered him as a confidential servant, and thought he would not wrong me of a halfpenny, that is why I am placed as I am now—he lent me the money to help me carry on my business, to pay something, I do not exactly know what—I wanted money, he had this money in his possession, he said, "I will lend you it, Brooks"—I said, "Very well, George, I will pay it again"—that was money to carry on the omnibus—he never bought and paid for two horses, only by my order—not with his own money—before I was in the omnibus line I was a butcher—after that I was conductor, in the employ of the Paddington Conveyance Company—I did not get into any scrape there—I left because they did not want me any longer—I will swear that was the only reason—they said I had made a mistake in the ticket, the same as there was with George—he was a conductor also—I was not charged with receiving more money than I accounted for—my master said there was a mistake in my ticket—I said I could easily account for it—there were two passengers short in the ticket, but I carried the coachman and his wife to the Bank without receiving any thing for it—I went off upon that—they told me to wait a few days, and I might go on again, but I would not trouble about it—the prisoner bought a horse of me about the commencement of June, and paid me ten guineas for it—he was my horse-keeper at that time—that

horse was worked in the omnibus at the time I and Harris were partners—I swear it was never driven in my omnibus while Meritt's name was on it—he did as he liked with it—he lent it to Mr. Staples, of Paddington, to work two journeys a-day for the keep of it—this is one of my cards—(looking at one)—that was a matter of course—I can prove how that was very easily—I know Angus Campbell—I did not, before him, enter into an agreement to work this omnibus with Merritt as partners—I did not on Monday evening, the 9th of Jan., offer to give the prisoner 5l., and to pay all the liabilities of the concern if he would turn it over to me—I offered him no such money—I told him he should got be conductor any longer on account of robbing me of several sixpences, but he should be horse-keeper—that was what I said before Campbell—I did not say it in the terms put—I did not say any thing about 5l.—I told him that as I had found him out in robbing me of several sixpences he should not be conductor any more, and if he chose to go horse-keeper, as he was in the first instance, he might have the place at 18s. a-week as usual, if not I should discharge him altogether—I never let him act as conductor after that—he refused to accept that offer—I did not then offer to divide the property into two lots, one lot to consist of a horse, mare, and harness, and the other of a horse and mare—I did not agree that each lot was to be valued between ourselves, and that we should draw for the lots, and pay the money that I owed him—I owed him none—there was 34l. owing to the creditors, and I told him, as the name was on the omnibus it should be scratched off, and I would take all debts on myself, and give him the horse-keeper's place as usual—he said, "Oh no, I shall not take the horse-keepers place now I have been conductor"—I said, "Very well, you may do as you please"—on my oath the prisoner did not act as conductor the next morning—I had something to attend to that day.

MR. PAYNE. Q. Did you, or not, drive on the morning of the 10th? A. I did, two journeys—Cox the horse-keeper acted as conductor, not the prisoner—I had a summons to attend to, from Mr. Blower, respecting damages—after Purser was admitted to bail, I heard him say, "Mind, I have not bought the horses," which was a contradiction of what he said before.

JOHN COX . I was the prosecutor's horse-keeper. On the 10th of Jan., about half-past six o'clock in the evening, I came from tea, to put the horses in the omnibus, to go the last journey—Merritt assisted me in harnessing them, and said, "I will go and see what the time is"—he went, and came back into the stable, and said, "Bring them out, there is three or four passengers going from Loveland's china-shop; do you know where it is?"—I said not—I brought one horse and one mare outside the stable, and he locked the door—I left him, and went to make inquiries at Loveland's, in High-street, Portland-town, about two hundred yards from the stable—the omnibus stood at the comer of the mews—there were two bay horses and a bay mare inside the stable—one of them was ill—I found no passengers at Loveland's—I then went to another china-shop—I was absent eight or ten minutes—when I returned the horses were not in the buss, and two out of the stable were also gone, nor was Merritt there—the one which was ill was left—two horses and two mares were gone—he had never sent me on such an errand before, and did not tell me what he was going to do.

Cross-examined by MR. BALLANTINE. Q. What were your wages? A. 15s.—Merritt paid me every Saturday night—Merritt received the fares of the buss, and paid me out of it, under Mr. Brooks's instructions—I have talked over this matter with Brooks since—he told me the prisoner said he was a partner, but he was not—he knew I was to be a witness—Brooks took away the plates of the omnibus on Monday morning, the 9th of Jan.—I had never seen it without plates before.

Cross-examined by MR. ADOLPHUS. Q. You have been made conductor? A. Yes, since the 10th of Jan.—my name was not painted on the omnibus—it is not running now.

MR. PAYNE. Q. Did Merritt appear the master of the horses? A. No.

THOMAS HITCHCOCK . I am a butcher and cow-dealer, at Greenford, and attend Southall market. I knew the prisoners, by seeing them there—on Wednesday, the 11th of January, I saw them together at Southall market, with two horses and two mares, one a grey mare—Purser sold the grey mare to me, but when I asked him questions about it, he said it was not his property, he knew nothing about it, he was only commissioned to sell it—Merritt was present—I paid 4l. 5s. to Merritt, and 5s. commission to Purser, for selling it—there was another grey, and, I think, a bay and a brown mare, there—the grey mare has since been taken from me by the policeman.

Cross-examined by MR. ADOLPHUS. Q. You paid toll and every thing in the usual way? A. Yes—it is not true that a horse is not sold at Southall market once in fifty years—I know Purser by seeing him frequently at the market—I have known him have horses himself there for sale.

MR. PAYNE. Q. Is Southall a horse market? A. Yes—there were none in the market besides these that day, nor the market day before, to my knowledge—it is not so common a market for horses, as for sheep and cattle, but I have often known them sold there.

CHARLES JECKS (police-sergeant T 20.) On Sunday, the 15th of Jan., I went with Brooks to Purser's house, and saw him there—the prosecutor said the horses in his stable were his—after some altercation, he was given into custody—he said he had bought them of Merritt, but had not paid for them; he had paid something, but would not say what—there were three horses in the stable—the grey mare was spoken of—I did not pay attention to it—nothing was said about it at that time, but after taking him to the station, he agreed that, if the horses were left in his stable, they should be returned on Tuesday, on payment of 15s., and if Merritt came for the money he would give him into custody—on that agreement, I gave the horses up again, and Purser was released from custody—they went away together—on the Tuesday I went again to Purser's house, and saw Merritt there in the back room—Purser did not give him in charge—I told Merritt I should apprehend him on a charge of horse-stealing—he said they were his property—Purse said I should do wrong if I did take him—I said I should keep him till I could communicate with the party who gave information to me—Purser said I should do wrong if I did, for before Brooks left him on Sunday he said he would have nothing more to do with the case—the three horses were then in the stable—I had left Brooks and Purser together on Sunday—he said, Brooks said he might pay Merritt—that he had paid him, and had got the receipt in his pocket—I took Merritt to the Hounslow station—I heard Purser say that day that he knew where the harness was, and it should be forthcoming the next day, but he had not got it—on the Wednesday I went again and saw Purser—the harness was asked for—he refused to let us have it—I said I would get a search warrant to look for it—he then said, "Come in," and gave it up—it was in a back room in his house—Merritt said at the station on Wednesday, that if Brooks would drop it, Purser should give up the horses.

Cross-examined by MR. ADOLPHUS. Q. Was there other harness in the back room? A. I did not see—there might be a bridle, but no harness—this hung on hooks—I saw no other hooks—Purser was not present when Merritt said he should give it up.

MR. PAYNE. Q. Was that observation made after Purser said he had bought them, and had his receipt? A. It was.

THOMAS HENRY THOMPSON . I am a policeman. I went with Brooks to Purser's house on Tuesday, the 17th, and found both the prisoners and Jeeks in the parlour—Brooks gave him in charge—Merritt was then taken—in coming out of the house I asked Purser where the horses were—he said, "In the yard"—I said, "I must have them"—Purser sent a boy to fetch them—the boy took them to the Hounslow station—it was one horse and two mares—Purser said he had bought the horses, but had not paid for them—I went again on Wednesday, and asked if he had got the harness—he said it should be forthcoming—I said I must have it then—he put his arm across the door—I said, "It is no use being foolish about it, I have no doubt you have got it"—Jecks said, "I will go and get a search warrant"—Purser said, "I will show you where it is"—he took me up a few steps to a room, and showed it to me on some pegs—I afterwards got the grey mare from Hitchcock.

THOMAS COOK . I am a harness-maker, and live in Arlington-street. I sold a regular omnibus harness to Brooks last summer—he paid me for it—I pot the letter "B" on it.

Evidence for the Defence.

ANGUS CAMPBELL . In July last I was living in the same house as the prisoner Merritt—he is married to my step-daughter—Brooks is my son-in-law—he married my own daughter—I heard the arrangement they made at starting this omnibus; that they were to lay out equal sums of money to purchase horses, and different things connected with it—they were to hire an omnibus, and the expenses were to be paid out of the earnings—Merritt had purchased a mare of Brooks previous to the partnership, and it was agreed that this mare would be taken in at the same amount as he purchased it for—that mare was swapped away—they never worked her, as she was a kicker—Harris and Brooks were in partnership before that, and they purchased her—they broke partnership—Brooks sold the mare to Merritt, and she was to be received back at the same amount as he sold her at—they changed her away—the horses they purchased were brought to the stable—I saw the horses, and heard them both talking together about what they paid for them—I heard Merritt say to Brooks the week before they broke partnership, that there was water running from the horse's eye—on the evening of the 9th of Jan. Merritt came to my room—Brooks was there—they both talked about dissolving partnership—Brooks offered to give Merritt 5l., and exonerate him from all the debts, which he said was 31l., and that he would also take him as stableman, and give him 18s. a week—they were not quarrelling then—Merritt would not agree to the proposal—they laid out the property in two lots; one lot to consist of a horse, mare, and harness; the other, a horse and mare—they considered each lot worth 17l.—they then talked about which lot each should have—I said, "It would be the fairest way for me to make tickets, and you draw for them, "but it broke off that evening—on the 10th they went to work again—Brooks went the first journey, Merritt the second, and Brooks the third, and when Merritt was to have gone again, he had gone away, and the horses too—I never heard Brooks call Merritt a servant during this transaction—they both considered themselves proprietors of the buss.


Second Jury, before Mr. Recorder.

30th January 1843
Reference Numbert18430130-624
VerdictGuilty > lesser offence; Not Guilty > unknown

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624. MARGARET HAYES, CATHERINE BRIAN , and ANN DALEY , were indicted for feloniously assaulting John Collins, on the 19th of Jan., and cutting and wounding him in and upon his left hand, with intent to do him some grievous bodily harm.—2nd Count, with intent to resist and prevent the lawful apprehension of the said Catherine Brian.

JOHN COLLINS . I live in Salmon's-lane, Ann's-court, Limehouse, and am a labourer. On Thursday evening, the 19th of Jan., I met a man named Sullivan, whom I knew at the West India Docks—he took me to a room where the three prisoners were—I understood it was Twine-court—I and Sullivan sat down in the room—Brian sat between me and Sullivan—Sullivan asked if I would have any beer, and I gave him sixpence—I had six half-crowns and sixpence in my trowsers' pocket—I took a sixpence out of my purse, and put it back into the lining of my hat, which I put on—Sullivan went out for the beer, and while he was gone Brian got up, knocked my hat off, made a grab at the purse, and took it ith her—I got up and took hold of her behind by her dress—Hayes and Daley got hold of me, dragged me on the floor, and Brian ran down stairs—they separated me from her—when she had got out they let me go—I followed out of the house, and when I got out I saw all three going towards a public-house—I seized Brian in the street—I said it was a shame for her to take such a poor man's money—she called out to the others to catch hold of me, to keep me away—I had hold of her by the right hand—the other two seized hold of me, and got my right hand from her—I laid hold of her left hand then, and while I was holding her hand, Daley cut me with a knife—I saw a little of the knife in her hand—I went to the station—on the Monday following I found the prisoners at a public-house, and gave Brian into custody.

Daley. I did not cut your hand; I had no knife; you was drunk, and Sullivan had taken you down stairs. Witness. I was as sober as I am now—Sullivan did not take me down stairs—my hand was much hurt—I am certain she cut it.

Brian. Q. Did you not come down stairs with Sullivan quiet enough? A. No—I did not go out for bread and cheese—I did not accuse another woman of robbing me of 1s., nor did I take a quilt from a woman.

ROBERT FROST SMITH (police-constable K 277.) I took Brian into custody—no money was found on her but a foreign copper coin.

JOSEPH SMITH (police-constable K 386.) From information I received, I apprehended Daley and Hayes, in Twine-court—I cannot say whether they lodged there—they were in bed—they were searched—no money was found on them, nor anything relating to this charge.

FREDERICK JOSEPH ELSOM . I am a chemist. The prosecutor came to my house on the following evening—I saw a cut between his third and little fingers, rather better than a third of an inch deep, or from that to half an inch, and half an inch long—it was such a wound as a knife might make—it was not a dangerous wound; I should say it was such a wound as a man might get in a scuffle, without any deliberate attempt—the knife must have been inserted between the fingers—that was the only cut he showed me, and I believe that was the only one he had—no injury of any sort could arise from such a wound—it was not likely to produce any grievous bodily harm.

Daley's Defence. I had no knife; I never touched him, or put the knife near him.

JOHN COLLINS re-examined. I am quite sure that Daley cut my hand—I was not drunk—I am married.

R. F. SMITH re-examined. She was always considered a very quiet girl in the street—she walks as a prostitute—I never knew her locked up, or knew any act of violence of her—I did not see her on the morning it happened.

DALEY— GUILTY of an Assault. Aged 20.


30th January 1843
Reference Numbert18430130-625
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown

Related Material

625. MARGARET HAYES, CATHERINE BRIAN , and ANN DALEY , were again indicted for stealing, on the 19th of Jan., 1 purse, value 1d., and 6 half-crowns; the property of John Collins, from his person.

JOHN COLLINS . I met Sullivan, and went with him to a public-house, we had a pot of beer each, and came out—he asked me to go to a friend's with him—he took me to the room the three prisoners were in—I sat down close to the door—Brian sat between me and Sullivan—I gave Sullivan 6d. to fetch half-a-gallon of beer—I had six half-crowns in my purse, which I put between the lining of my hat, and put it down on my head—Brian got up, knocked my hat off, and made a grab at my purse—I grasped at her as well as I could—the other two grasped at me, and kept me till she got down stairs, and then let me go—I went out after her, and saw all three over at the public-house—I caught hold of Brian, who had taken my money—the other two got my right hand from her—I took hold of her again with my left dand, and Daley cut it—I am sure Brian knocked my hat off and took my money—I had earned the money at the docks—I do not know whether the prisoners lodged at this house—I could not see a policeman, or I would have given them in charge at once—I did not go to look for them till the Sunday, as I was not very well—Sullivan wanted to go to work, and said he would go with me on Sunday to show them to me—I never saw the beer I sent him for—I have seen him since, but not that night—since this took place we have not been acquainted.

JOSEPH SMITH . I am a policeman. I received information on the 24th of Jan., and went in search of the prisoners—I apprehended Hayes and Daley in bed, in Twine-court—I did not apprehend Brian.

Brian. I had nothing to do with robbing him.

Hayes. I never saw a farthing of his money.

JOHN COLLINS re-examined. My hat was knocked down on the floor—the purse fell out—Brian took hold of it, and ran off with it—I picked up my hat directly, and screamed out that I was robbed—I went to look for her on Sunday and Monday night—I saw the three drinking in a public-house—they handed me a pot of beer—I went out till I saw a policeman, and to give her in charge; and as they went out I took hold of Brian and another—my hand was sore, and I let her go, and kept Brian—the constable did not wish to take her so readily, but I said, "Take me and her to the station."

HAYES— GUILTY . Aged 20.

BRIAN— GUILTY . Aged 23.

DALEY— GUILTY . Aged 20.

Transported for Ten Years.

30th January 1843
Reference Numbert18430130-626
VerdictGuilty > lesser offence; Guilty > lesser offence; Guilty > lesser offence
SentenceImprisonment; Imprisonment

Related Material

626. WILLIAM COOK, JOHN BARDEN , and HENRY SEASON , were indicted for breaking and entering the dwelling-house of George Evans, on the 25th of Jan., at St. Pancras, and stealing therein, 10 yards of ribbon, value 8s., and 2 handkerchiefs, 4s.; his property.

ALEXANDER ANDERSON . I am shopman to George Evans, of No. 150, Tottenham Court-road, in the parish of St. Pancras—there was a pane of glass in the shop-window repaired on the 25th of Jan.—in the course of that day the prisoners, Cook and Barden, were brought to me by a policeman, and I found that the square of glass which was broken in the morning, and repaired, was taken out entirely—I missed a piece of ribbon and two handkerchiefs, which are here, and are my master's property—they were safe at five o'clock—this was near seven.

Cross-examined by MR. PAYNE. Q. How do you know those handkerchiefs? A. By marks—a whole square of glass was put in, and these goods were near it—in the evening it was gone, quite out—it was a small square at the side of the window—it was the same as had been put in, and part of the glass was left—the putty was wet.

JOHN EATON (police-constable S 193.) Between six and seven o'clock, on the 25th, I was in Tottenham-court-road, in private clothes, and Saw the three prisoners and another round Mr. Evans's shop-window—I watched them for about a quarter of an hour—Cook and the other one who has escaped, stood at the corner of Grafton-street—I saw Barden and Season go to the corner and speak to Cook and the other—I went to the window, and saw there was a hole in it—I saw Barden and Season go to the window again, and saw Barden take something from the window—he then went and joined Cook and the others—I saw them go away—Barden and Season crossed and went on the opposite side—Cook remained on the side I was—I laid hold of him, and called to a man to lay hold of Barden, which he did—in going along Cook tried to take something out of his pocket, and in going to the station I took the ribbon and handkerchief out of his pocket.

Cross-examined by MR. PRICE. Q. They all ran away except Cook? A. Not ran away—they left Cook standing there—there are a good many boys about there—Mr. Evans's shop is at the corner of Grafton-street.

(Cook and Barden received good characters.)

COOK— GUILTY [Of Stealing only: see original trial image.] . Aged 16.

BARDEN— GUILTY [Of Stealing only: see original trial image.] . Aged 16.

Confined Nine Months.

SEASON— GUILTY [Of Stealing only: see original trial image.] . Aged 15.— Confined Six Months.

Of Stealing only.

30th January 1843
Reference Numbert18430130-627
VerdictGuilty > with recommendation

Related Material

627. FREDERICK WILLIAM MESSOW was indicted for feloniously and knowingly uttering, on the 5th of Jan., a forged bill of exchange for 15l., with intent to defraud John Rose.—2nd COUNT, for feloniously uttering a forged acceptance to the said bill, with like intent.

JOHN ROSE . I keep a coffee and pie-shop in Ratcliff-highway. On the 5th of Jan. I saw the prisoner at my house, he was a perfect stranger—my wife had seen him one or two days before—in consequence of what she told me, I agreed with the prisoner to board and lodge him for 17s. a week, and told him we wished for security—he said he would give us security, and produced this bill—he said nothing about the bill—he also produced a letter, which he laid on the table, and said he supposed that would be of no account to me, as it was written in a foreign language—I believed the bill to be genuine—he continued to board and lodge at my house from that day till the 20th of Jan., when it purports to be due—(the bill was dated, "Hambro', 20th Dec, 1842, for 15l., payable at W. Scott and Son's, St. James's-place")—on the 20th of January, at breakfast-time, I said to him, "At what time to-day will it be most convenient for me to go with you and cash this bill?"—he said, I should oblige him very much, if I would allow the account to stand over till the following Monday, and he would then draw his own money himself—I said, "Very well;" but in the course of the morning a young woman called on me, and stated something which he did not hear—at dinner-time I repeated ray application to him, to go and get the bill cashed—he said nothing then—after dinner, the young woman and her mother came to the house, and said, in his presence, that she believed him to be no better than a man who had passed a similar kind of bill on her—I do not know what he said to that—I said I thought she was deceived, I had no doubt he would put on his hat, go with me, and get the bill cashed, and prove his character good—he made no answer to that—I repeated it again, he still made no answer—at last I put my hat on, went to the door, and said, "Now I am ready, will you come with me?"—he then said he wished to speak to me—we went into the parlour, and all at once he said the bill was not a correct one, but be expected to get a situation on the Monday following, and he would pay me, or endeavour to pay me, if I would wait till then—I said that would not do,

that I felt much hurt at his conduct, and roast give him into custody—I sent for an officer, who took him—I have since seen a letter in Collins's hand, I believe it to be the same the prisoner produced to me—it is dated "Brighton," as the place written from—the post-mark also appears to be meant for Brighton—I do not observe any foreign post-mark on it.

Prisoner. The bill is a flash one, not a forgery; Rose is well aware of the person who wrote the bill, and he did not give him into custody; he was at his bouse the next day; it is drawn on a house which does not exist in London, and from a house which does not exist in Hamburgh; it cannot be called a forged bill; I was compelled to do it from the utmost necessity; I had no home to go to; I had no intention to deceive Mr. Rose. Witness. I was not aware that the writer of the bill was at my house.

DENNIS COLLINS . I am a policeman. I apprehended the prisoner—I asked him what objection he had to go to get the bill cashed—he said it was no use to go, it was a bad bill—I said was he not aware of that before he produced it—he said he was, and the utmost necessity compelled him to do so, it was given him by a friend—I went to St. James's-place, St. James's-street, and inquired for W. Scott & Son, where it is made payable—I could find no such persons—I do not know any other St. James's-place in London.

Prisoner's Defence. I am quite a stranger here, and have no person to give me any information; I referred Mr. Rose to a gentleman who knew me well, but I do not know whether he inquired of my character.

JOHN ROSE re-examined. A day or two after this circumstance, the gentleman in question called accidentally at my house—I called Collins the officer in to witness what passed—I told him Mr. Messow was in custody on the charge—he said he was extremely sorry to hear of it, he was aware he had a brother residing in Hambro', in very respectable circumstances, and he had no doubt had he applied to his brother for assistance, he would have received it from him, and that he was astonished he had not done so; and had be applied to him, he himself would have granted it to the amount of 1l. or 2l.—he said nothing more of him—his name is Schroeder, and he is a partner, or in some way connected with Castric and Co., of Philpot-lane.

JURY. Q. Did the prisoner give you the bill as security? A. Yes—I asked him for security—he said he would give me security—he produced the bill, and laid it on the table—I told him I would accept it as security, and kept it in my possession—I gave him a written acknowledgment.

GUILTY. Aged 25.—Recommended to mercy. Confined Two Years.

30th January 1843
Reference Numbert18430130-628
VerdictGuilty > unknown

Related Material

628. CATHERINE DEMPSEY was indicted for stealing, on the 13th of Nov., 1 watch, value 6l.; and 1 watch-guard, 1l.; the goods of Edwin Aston, in the dwelling-house of John Broom.

EDWARD ASTON . I am servant to Mrs. Cook of No. 9, Wimpole-street. On the 12th of Nov. I slept at Mr. Broom's, at the Rising Sun, in Air-street—the prisoner was servant there, and made my bed—I put my watch under the pillow—I went out next morning and forgot it—I missed it afterwards, and spoke to her about it—she said she, hod not seen it—the watch and guard is worth 7l.

Cross-examined by MR. PAYNE. Q. Where did you buy it? A. In Hampshire, fourteen months ago—I gave seven guineas for the watch—the guard is silver—I have heard this is a house where fighting men resort—it is kept by the celebrated Johnny Broom, who fought Bungaree—I slept there three nights—I went away about half-past nine o'clock in the morning—I

came back in half-an-hour, or about ten—the prisoner had not quite finished the bed then—I found her making the bed, and asked her where my watch was—she said she had not seen it—I looked behind the pillow—I do not think I had been out an hour.

FELICIA TWIST . I am barmaid at the Rising Sun, in Air-street, kept by John Broom. On the 12th of Nov. I accused the prisoner of taking Mr. Aston's watch—a constable was fetched, and the prisoner's room was searched temporally, but we searched more up stairs than down—on Saturday week we searched her room again with the constable, and found the watch in her bed, among the feathers, in a piece of black silk—the bed had a pin in it where it had been opened—when the watch was found, the prisoner said she had found it two days afterwards.

Cross-examined. Q. Is not the house frequented by pugilists? A. Generally by respectable people—there was a raffle there, in which I was concerned—it was a poor man, and I was sorry for him—I gave the prisoner a ticket in my name—it was for a pair of silver sugar-tongs—she never got them—I do not know whether she got German silver ones instead—I gave her a pair—I am no judge of silver—I believe she won silver ones, and got German silver ones—she asked me about them—we did not quarrel about it—there was something said about it—I was present when the watch was found in the bed—I do not know how it got there—it was between two and three months after it was lost—the prisoner was in the room at the time.

COURT. Q. What parish is the house in? A. St. James's—Mr. Broom was not present when the watch was found—he asked how she could think of taking the poor man's watch—she said she found it two days after.

JOSEPH MOUNT . I am a policeman. I assisted in searching the room—I saw the watch found among the feathers in the bed, wrapped up in a bag, and then in a piece of silk, and pinned up between the ticking—there had been a number of things lost when I searched—nobody in particular directed us to search there—we had searched round the room—the prisoner said she found it two days afterwards, and put it there.

FELICIA TWIST re-examined. Nobody else slept in the room—it was not let out occasionally to lodgers—nobody ever went into it but herself—it was always kept locked, and she kept the key herself, and always carried the key by her side.

GUILTY . Aged 23.— Confined One Year. (There was another indictment against the prisoner.)

OLD COURT.—Saturday, February 4th, 1843.

Fourth Jury, before Edward Bullock, Esq.

30th January 1843
Reference Numbert18430130-629
VerdictGuilty > pleaded guilty

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629. HENRY BARBER was indicted for stealing, on the 1st February, 481bs. of beef, value 1l., the goods of Edward Cheatle; to which he pleaded

GUILTY .— Confined One Month.

30th January 1843
Reference Numbert18430130-630
VerdictsGuilty > pleaded guilty; Guilty > pleaded guilty
SentencesImprisonment; Transportation

Related Material

630. JOHN GREGORY was indicted for stealing, on the 21st of Dec, 45 knives, value 3l.; 6 forks, 2s. 6d.; and 5 pairs of scissors, 4s. 6d.; the goods of Richard Benbow Bradley: and THOMAS PEPPER for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which

GREGORY pleaded GUILTY . Aged 18.— Confined One Month.

PEPPER pleaded GUILTY . Aged 48.— Transported for Seven Years.

Before Mr. Justice Williams.

30th January 1843
Reference Numbert18430130-631
VerdictGuilty > pleaded guilty

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631. THOMAS MESSENGER was indicted for conspiring with others to obtain certain monies from the Court of Chancery; to which he pleaded

GUILTY. Aged 56.—Recommended to mercy. Confined One Month.

30th January 1843
Reference Numbert18430130-632
VerdictGuilty > lesser offence

Related Material

632. CHARLES DONOVAN was indicted for feloniously assaulting Martha Jackson, on the 29th of Jan., and stabbing and wounding her in and upon the left side of her chest, with intent to do her some grievous bodily harm.

MARTHA JACKSON . I am single at the present time—I have been married, but I have lost my husband a long time—I am an unfortunate girl—I lived in Pheasant-court, Gray's inn-lane, for one week, about the middle of Jan.—I had a room—last Saturday night week, about twelve o'clock, I was with two or three others in Gray's-inn-lane, and saw the prisoner—I had never seen him before—he spoke to me first, and it ended in our going home together to my room—he gave me a half-crown before we went home—I paid for a pot of porter out of that, and we took it home with us—he was very drunk—I do not think he knew what he was about—we went to bed—when we had been in bed about three quarters of an hour he got up, and insisted on the trifle he had given me back again—he said, "I shall have my money back again"—I refused, and a scuffle ensued—he took the key out of the door, and I could not get out—he was not in bed when he asked for the money back—he was dressed—he had got up—he was undressed before—it was after he was dressed, and when he was going away that he asked for the money back—he would not give me the key of my door—there happened to be a knife on the table—I suppose he did not know what he was about—he only gave me a slight stab in the neck—it was a white-handled knife—this now produced is it—he said something at the time—I do not know what it was—he was very tipsy—I was undressed—I had got my petticoats on, but not my frock—Mr. Taylor, the head surgeon at the workhouse, dressed the wound, and it has got well now—it bled very much at the time—I threw up the window, and called for a policeman, because I was in the dark—I did not call any thing but "Police"—I have been examined before—I only called "Police"—the policeman came—the prisoner was then sitting down at the side of the bed—the policeman did not see what was done to me—he might have seen the stain on my chemise—I do not know whether he did or not—the prisoner did not get back any of the money—he was taken into custody.

Cross-examined by MR. BALLANTINE. Q. The prisoner was very drunk at the time he went home with you? A. Yes, very drunk indeed—when he got into the house he was quite insensibly so—he did not say I had got a sovereign of his—he merely requested to have back his money—I was endeavouring to get the key from him—he had declared I should not leave the room—he was so insensibly tipsy he did not know what he was about—he did not take the knife up before he said I should not leave the room—I am sure he struck at me—the injury was very slight indeed—if he had not been tipsy I do not think he would have done it.

COURT. Q. Have you seen anybody lately coming from the prisoner? A. No.

MR. BALLANTINE. Q. I believe it was not your wish at all to come here? A. No—the policeman took me before the Justice.

HENRY TATE (police-constable G 136.) Last Saturday night, about one o'clock, I was on duty in Gray's-inn-lane, and heard a scream of "Murder" from Pheasant-court—I went there, and went up into an apartment, where I found the prisoner sitting on the bed in his shirt-sleeves—he seemed very much agitated, and he charged the prosecutrix with robbing him of a sovereign—she then turned round, and eharged him with stabbing her with this

knife—there were three or four other persons in the room before me—one of them had this knife in her hand, and she handed it over to me—I requested the prisoner to dress himself, and come along with me, and the prosecutrix also—as we were going to the station, she said she did not wish to press the charge, and he did not wish to press the charge against her about the sovereign—I said I could not settle it now, they must go before the inspector—I took the prosecutrix to a surgeon on the Monday morning—when I came into the room I saw that she had a cut on the left side of her neck, and blood was coming from her—I saw the surgeon dress it—it was a very slight cut indeed—there was very little blood from it—the prisoner was drunk.

(The prisoner received a good character.)

GUILTY of an Assault. Aged 28.— Confined One Month.

Before Mr. Justice Maule.

30th January 1843
Reference Numbert18430130-633
VerdictGuilty > unknown

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633. MARY ANN CLARINGBOWL was indicted for feloniously breaking and entering the dwelling-house of Louisa Bugden, on the 16th of Jan., at St. Leonard, Shoreditch, with intent to steal, and stealing therein, 2 gowns, value 1l. 13s.; 1 shawl, 5s.; 4 sheets, 8s.; 1 table-cloth, 2s.; 1 bed-gown, 1s.; 36 stay-laces, 1s. 6d.; 60 boot-laces, 2s. 6d.; 1/4 lb. weight of cotton, 6d.; 1/2 lb. weight of thread, 1s. 4 1/2 d.; 24 pieces of tape, 2s. 6d.; 1000 needles, 2s. 8d.; and 6 bodkins, 6d.; her property.

LOUISA BUGDEN . I am a widow, and occupy the back and front parlours of No. 6, Short-street, in the parish of St. Leonard, Shoreditch. I am not the housekeeper—I keep a little shop in the front-parlour, and sleep in the back—no one but me occupies them—when I go out I lock them up—I know the prisoner—she is the wife of a policeman—she lived at No. 7, Short-street, opposite me—she visited me sometimes—on Monday afternoon, the 16th of Jan., at ten minutes past four o'clock, I was talking to the prisoner at my own door—I told her I was going to Stepney—she said as I was going out she would not detain me, and she went home—I then went up stairs to Mrs. Saxon who lodges on the second-floor—I came down again between five and six to get my bonnet to go out, and when I came down I missed my things, and saw the back-parlour window was taken out—it had been fastened inside—a square of glass was broken to enable the party to undo it, and the broken glass was lying on a box—the window stood outside, in the back-yard, on the ground, and the washing-tub was turned bottom upwards under the window—that would enable a person to get in—I had left my clothes in the drawer when I went up stairs, and when I came down they were gone—I missed the articles stated, which are worth from 2l. 10s. to 2l. 15s. to me.

ELIZABETH SAXON . I am the wife of William Saxon, and lodge in the same house as Mrs. Bugden. She came to me on Monday afternoon, the 16th of Jan., between five and six o'clock—I went out, and as I returned soon after, the door of the house was open—I turned round to shut the door, and found some one behind it—I cried out, "Good God, who is there?"—it was the prisoner—she said, "I have knocked three times; I can make no one hear; I wanted a halfpennyworth of pins"—I said I would call Mrs. Bugden down—she said, "No, never mind, by and bye will do, as I am not in want of them now"—I then went up stairs, and left the prisoner in the passage.

ELIZABETH CHAMBERLAIN . I am a widow, and live in Wood-street, about 100 yards from Mrs. Bugden. I knew the prisoner by sight, but not by name—on Monday, the 16th of Jan., between five and six o'clock, she came and knocked at my door—my son opened it—she flew in with a lot of things, not tied up in anything, and said, "Let me leave these things with you a few minutes," and she flew out of the house again, as fast as she

came in—she came back again in about a quarter of an hour, and took the things all away, and said she was much obliged to me—I made her no answer.

JAMES BRANNAN (police-sergeant G 20.) On the 16th of Jan., between ten and eleven o'clock at night, I took the prisoner—I told her she was suspected of committing the robbery—she said she knew nothing at all about it—on the Thursday following, at Worship-street Police-court, I received a message from the prisoner, stating that she particularly wished to speak to me—I went to the cell where she was—I did not know her before, no more than seeing her about—she is the wife of a policeman of the division I belong to—she lives with him—she called me by name, and said, "I suppose, Brannan, you are aware I have done this?"—I said, "Done what?"—she said, "Taken these things"—I said, "Well"—she said, "I suppose it will make it no lighter or worse for me if I tell you?"—I said, "I can hold you out no promise, do as you please"—she said, "I pulled down the back window, placed a washing-tub underneath, and got the things; I took them to the washerwoman's house, in Wood-street; I afterwards called for them, and removed them to a house in the Vinegar-ground; I don't know the number or the name of the street"—I then received instructions from the Magistrate to accompany the prisoner to the place that same night—I found it was No. 24, Vincent-street, Old-street-road—it is a common brothel—I there found the whole of the property in question—I found a quantity of needles on the prisoner, which I have here, and which the prosecutrix identified, and some tape at her lodgings.

MRS. BUGDEN re-examined. These' are all my things—here are my owndresses—these needles are mine—they are what I had for sale—also these tapes and laces.

Prisoner. She left the needles and tape in my house herself. Witness. No, I did not—I served you out of this paper the last time you had any.

Prisoner's Defence. Mrs. Bugden was living with me for a fortnight or three weeks; she used to bring her work there, and she left the needles and tapes there.

GUILTY . Aged 33.— Confined One Year.

Before Mr. Justice Williams.

30th January 1843
Reference Numbert18430130-634
VerdictGuilty > unknown; Guilty > unknown; Not Guilty > unknown

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634. JAMES BEACON, RICHARD HALL , and JOHN MURPHY were indicted for breaking and entering the dwelling-house of Henry Charles Sandford Dodd, at St. Leonard, Shoreditch, on the 26th of Jan., and stealing therein 1 gown, value 2l.; 1 locket, 10s.; 3 spoons, 9s.; 1 neck-chain, 5s.; 1 ring, 5s.; 1 pair of gloves, 1s.; 1 sovereign, 6 shillings, and 2 sixpences, his property.

LOUISA DODD . I am the wife of Henry Charles Sandford Dodd, and live at No. 29, Rutland-street, Kingsland-road—we have the whole house. On Thursday morning, the 26th of Jan., I went out with my husband at eleven o'clock—we left no one in the house—I saw my husband lock the streetdoor, after fastening up all inside—he took the key with him—we came home together at nine in the evening—I went to the corner house to fetch my baby, while he went to get a light—when I got into the house I found that my drawers and two boxes were broken open—I missed my silk dress, a coat of my husband's, a pair of gloves, 27s. in money, and other things worth altogether 6l. odd—the street-door was, I suppose, opened with a skeletonkey—the other doors were as we had left them, except the back-door—we had left that bolted, and found it unbolted—it was not broken—we saw some of our things the same night at the station.

HENRY CHARLES SANDFORD DODD . I went out with my wife, and returned with her—I went first into the house—the street-door was only single-locked—I had left it double-locked—there was no appearance of violence about the house—my wife has given a correct account—I missed what she has stated—my house is in the parish of St. Leonard, Shoreditch.

WILLIAM EDWARD BALL (police-constable N 386.) On Thursday evening, January 26th, about seven o'clock, I and Kemp were passing down the Hackney-road, 400 or 500 yards from the prosecutor's house, and observed the three prisoners turning out of Thomas-street, Hackney-road—we suspected them, and went up and searched them—we laid hold of Murphy first—he had at that time a Taglioni coat on—I only searched the skirts of the coat, and finding Beacon was going on a-head faster than the rest, apparently with something in his pocket, I left Murphy, went after Beacon, laid hold of him, and felt in his pockets, and in the tail of his coat I found nine skeletonkeys, and one latch-key—I said, "What are these?"—he said, "Oh, I don't know"—at this time Kemp had Hall in custody, and was shoving him into a hatter's shop—I did the same with Beacon—they both commenced a violent resistance—after a little time we secured Beacon and Hall—as we were taking them to the station in Wellington-street, I perceived Beacon unbuttoning the flap of his trowsers, and directly after a parcel fell out—I saw it picked up by a sergeant who was following us—about ten o'clock the prosecutrix came to the station to give information of the robbery—the prisoners were brought out, and she identified the property which I now produce, likewise the coat, which was on Beacon's back—I found a pair of gloves, and a black lead pencil in the pocket of it—I went to the prosecutor's house next morning, and tried the skeleton-keys—I found one key locked and unlocked the streetdoor—Murphy made his escape that evening—he ran across the road when I let him go, to follow Beacon.

Cross-examined by MR. WILKINS. Q. Was the street in which you saw them much frequented? A. Yes—they were all in conversation together—I heard them all three talking together—they were talking a sort of gibberish, I supposed they suspected us.

Cross-examined by MR. HUDDLESTON. Q. Did you not search the pockets of Murphy's Taglioni? A. Very slightly—there was nothing in them.

COURT. Q. What do you mean by gibberish? A. To imitate some foreign language—it was not English—I did not understand it.

GEORGE KEMP (police-constable N 82.) I was with Ball on Thursday night, and saw the three prisoners together, coming out of Thomas-street, Hackney-road—they were all talking together some sort of French, I should say—it was gabbering, I could not understand what it was—I found a screwdriver on Hall, and a tortoiseshell box with initials on it—the screw-driver corresponds with the marks on the drawer in the prosecutor's house which was broken open, and likewise with the box which I produce, which was broken open—it shows more so in the drawer than it does there—I found a quantity of lucifer matches on Hall—Murphy made his escape that night—he ran away—I saw him the next night in custody—I am positive he is the same man I saw with the other two prisoners the night before—he wore a brown Taglioni coat, with a velvet collar—as Beacon was going to the station he unbuttoned his trowsers, and dropped a parcel from it, which was picked up by Sergeant Milhouse—I took Hall into custody, and took him into a hatter's shop—he there knocked my head through a square of glass, kicked me violently on the head, knocked me down in the street, and kicked me about my body, tore two coats nearly from my body, and my hat was totally destroyed.

Cross-examined by MR. HUDDLESTON. Q. Who took Murphy into custody first? A. Ball—he merely went up and smoothed him down the front of his clothes—I knew what he did that for—he stood there while he did that—we then followed Beacon and Hall, and Murphy ran away up the other side of the road.

SAMUEL MILHOUSE (police-sergeant N 4.) I saw Beacon being led to the station by the constables—I did not see him do any thing with his trowsers; but I saw him drop a bundle—I was about a yard behind him—I saw that the bundle came from him—I picked it up directly—it was this silk dress, wrapped up in this towel.

JAMES TIDMARSH (police-constable M 51.) I took Murphy into custody about seven o'clock on the evening of the 27th—I found nothing on him—I know that he and the other two prisoners are acquainted—I have known them these three years—I took him at the Falcon, in the Borough, which is two and a half or three miles from the prosecutor's.

LOUISA DODD re-examined. I know this to be my dress—this tortoiseshell box is mine, and this coat I know to be my husband's—I saw it the morning of the robbery—I know this pencil, these gloves, and this ring—this other ring I know nothing of—I saw this little box the day before locked up in the work-box with the rest of the little trinkets.

HENRY HART (police-constable M 80.) On the evening of the robbery I was on duty in High-street, Southwark, and saw Murphy alone coming from the direction of London-bridge about half-past eight o'clock—I suppose it is three or four miles from the prosecutor's house—he was coming from that direction to where he resides in the Borough—he was then dressed in a brown Taglioni coat, with a black hat, as he generally appear in—I was in company with Tidmarsh the following day, when he took him into custody—he was then changed in dress, and was among a number of others in a public-house—I have known him perfectly well for a year or two.

W. E. BALL re-examined. The prisoners were just turning out of Thomas-street into the Hackney-road, coming in a direction from the prosecutor's house, and going towards town—you would have to pass through Thomas-street to get to the Borough.


HALL— GUILTY . Aged 24.

Transported for Ten Years.


First Jury, before Mr. Recorder.

30th January 1843
Reference Numbert18430130-635
VerdictGuilty > unknown

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635. JOHN MARTIN was indicted for stealing, on the 19th of Jan., at St. Marylebone, 5 gowns, value 35l.; 1 table-cloth, 4s.; and 1 basket, 10s.; the goods of Frederica Jules Fincke:—I gown, value 10s., the goods of Elizabeth Hindry:—I bed-gown, value 2s.; 1 cap, 1s.; the goods of Mary Bowler: 1 hair-brush, value 1s.; 1 night-gown, 2s.; 1 pair of stockings, 1s.; and 1 pair of boots, 3s.; the goods of Elizabeth Bilton, in the dwelling-house of William, Lord Feversham.

LAURE CLESTINE FINCKE . I am single, and am a dressmaker, living in Somerset-street, with my sister. On the 19th of Jan., I had to take some dresses to the house of Lord Feversham, in Cavendish-square—they were made for Lady Feversham—as our boy was out, I looked out for some one to help me carry them—I saw the prisoner—he told me his father had lived for thirty years in one shop, and he could have two years character himself—on that representation, I employed him to carry the things for me—he came to our house—I gave him a basket containing a satin dress, a velvet dress, and a silk dress, and went with him to Lord Feversham's—we got there about half

past six o'clock—I law the lady's maid, who told me to leave the goods and to come back again, as I could not then see Lady Feversham—the prisoner was there at the time—I left the basket and dresses in the hall, and came away—I told the prisoner to be at my house in about an hour—he promised to come, but did not—I left him at Lord Feversham's door—I went again to Lord Feversham's about an hour after, and there learnt that the things were all gone—they were worth £35—I have not got any of them back again.

Cross-examined by MR. PRENDERGAST. Q. Was it your property? A. No—my sister's, Frederica Jules Fincke—I am not a partner with her—we live together, and carry on the business together, but it is her property and her business—I am quite sure of the prisoner—I did not give a boy named M'Donald in charge—I gave no directions to have another boy taken.

TOSKEE PAGE . I am page to Lord Feversham, who lives in Cavendish-square. On the 19th of Jan., I saw Miss Fincke and the prisoner in the hall at Lord Feversham's—I saw the basket in the hall—about half-an-hour after Miss Fincke had left, I saw the prisoner in the hall—he said he could not stop any longer, he had got some dresses in the basket to take to Harley-street—he said he would go there, and call again in half-an-hour—he took up the basket and went off with it—he did not come back—Miss Fincke came afterwards, and the things were gone—in the interval between her leaving the basket and the prisoner going away, the servants came home from the country—I bad placed a bundle belonging to the cook in the hall, where the prisoner stood—after he was gone I missed that bundle—I had seen the prisoner in the hall at the time Miss Fincke was there.

Cross-examined. Q. You would not venture to swear that he is the boy that came afterwards for the bundle? A. Yes—when he first came I was in and out the hall several times—I saw him there as I was taking up the Inggage.

ELISABETH HINDRY . I am cook in the service of Lord Feversham. I came to town with the other servants on Thursday the 19th of Jan.—I gave Page a bundle from the hackney-coach, which was placed on the carriage imperial—I saw a dressmaker's basket in the hall—my bundle contained a silk dress of my own, a night-gown, and night-cap, of Mary Bowler's the housemaid, and a night-gown, a pair of stockings, a brush, a comb, and pair of boots, of Elizabeth Bilton, the under laundry-maid—I had many parcels, but only lost that one.

Cross-examined. Q. What is Lord Feversbam's name? A. William—I never heard that he had any other Christian name—the family name is Duncombe.

ISAAC SPREADBORO (police-constable D 61.) On the 19th of Jan., at half-past twelve o'clock at night I found the prisoner in James-street, Oxford-street—I had received information of the robbery—I said, "Mr. Martin, where have you been to?"—he said, "I have been to the play"—I said, "Well, I want you"—he said, "What do you want me for?"—I said, "About the basket you carried for the lady"—he said, "I carried no basket"—I said, "You must go with me to the station, while I go and fetch the lady"—as we were going up Oxford-street, he put his hand into his pocket, and threw some silver into the road—two half-crowns were picked up by a young man—I told the prisoner I thought it looked Yery guilty of him—he said he did not throw it away.

Cross-examined. Q. Did not you receive directions from Miss Fincke to apprehend another party? A. No—she gave me a description of the boy, and I told her I thought I knew him—I did not apprehend a boy named M'Donald—I went in search of a boy of that name, but not till after I apprehended

the prisoner—I was told there were two more lurking about the square while the prisoner was in the house—I found M'Donald, but did not take him into custody—he satisfied me he was not the party that was seen in the square—he is a much taller and stouter boy than the prisoner, and not at all like him—I found him at his father's house, in James-street, about 300 yards from where the prisoner lives—I cannot say how much silver the prisoner threw away—only two half-crowns were picked up—he did not say I should not have his money—I did not know that he was going to throw any thing away.

COURT. Q. What parish is Lord Feversham's house in? A. Maryle-bone.

GUILTY . * Aged 15.— Transported for Ten Years.

30th January 1843
Reference Numbert18430130-636
VerdictGuilty > with recommendation; Not Guilty > unknown

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636. JAMES BARNARD and WILLIAM KENNETT were indicted for stealing, on the 13th of Jan., 1 peck of a certain mixture, consisting of oats, beans, grains, and chaff, value 1s., the goods of Richard Pratt, their master.

MR. HUDDLESTON conducted the Prosecution.

WILLIAM GOODALL . I am in the employ of Mr. Richard Pratt, a car-man, contractor, and pavior, in Gray's-inn-lane. He has a place where his horse provender is kept—the prisoners were in his employ—it was their duty to take the teams where they are ordered—on the 13th of January I told them to go to Fetter-lane, to work for Mr. Rook, of Bethnal-green—they were to cart gravel from Fetter-lane to Bethnal-green—they started a few minutes before nine o'clock—I saw them before they started—Barnard had two horses to his team, and Kennett had two to his—each had to mind his own team—before they left the premises they went to the place where the provender is—I saw Kennett nil their note-bags with provender, and Barnard had two—they took the nose-bags out of the stable into the yard—they were allowed to take out what they did for the use of the horses—that would be a proper quantity for the four horses during the day—they then started, and in going out of the yard there were some grains in a truck, which had been brought in the night before—there was no objection to their taking the grains if they gave it to the horses—they had no business out of the road between Fetter-lane and Bethnal-green—their right road Was down Holborn, and through Smithfield—they had no business in Gray's-inn-road.

Cross-examined by MR. PAYNE. Q. Had they been carting something from Fetter-lane to the Fever-hospital the day before? A. I know they had a mixture from Fetter-lane, but where they took it to I do not know—there was some gravel, clay, and loam found—Barnard drove a grey gelding and a chestnut, and Kennett two brown horses.

Cross-examined by MR. DOANE. Q. You do not know who gave them the orders the day before, where they were to cart the rubbish? A. I gave them orders on Thursday, this was Friday.

MR. HUDDLESTON. Q. Did you give them orders on Thursday, before they left the yard? A. Yes, to go to Fetter-lane, and cart rubbish for Mr. Rook—that I swear—I cannot say how often before they had carted rubbish from Fetter-lane, not many days—I did not ask or tell them to take it to Bethnal-green—they were to go where they chose the second time when they were at Fetter-lane, but on Friday they were sent to cart gravel from Fetter-lane to Bethnal-green—on Thursday they were to go with rubbish any where Mr. Rook sent them.

WILLIAM WEAVIR . I am a coal and lime-merchant, and live in King's-road,

Camden-town. On the 13th of Jan. I saw two carts belonging to Mr. Pratt in Gray's-inn-lane, opposite Fifteen-foot-lane, between ten and eleven o'clock—they were before me, going in the same direction as I was—the two prisoners were with them—I passed them—when I was at Britannia-street, which is some distance from Fifteen-foot-lane, I was about taking a cab—on turning round I saw the two prisoners in conversation together—after a short time I saw Barnard go round the cart, and take two nose-bags—they appeared full—he went down Fifteen-foot-lane, along Paradise-street, and into Britannia-street where I was at that time—I saw Mr. Griffiths coming along Britannia-street—I saw Barnard go into a shop in Britannia-street—I pointed that shop out to Mr. Griffiths—when he went in he had two nose-bags, and when he came out he appeared to have but one, and that was empty—he crossed Britannia-street, and went further along at the back of Chad's-row, and into Pindar-passage—I did not see him come out of Pindar-passage—Kennett was with the carts while Barnard went with the nose-bags—he drove the carts along the Gray's-inn-road till he came to Pindar-passage—the two front horses were brown, and one of the others was grey.

Cross-examined by Mr. PAYNE. Q. Which cart was it that something appeared to be taken out of? A. I think the hind cart, which had the grey horse in it.

JOHN GRIFFITHS . I was in Britannia-street on the 13th of Jan. last, about twenty minutes to eleven o'clock—Weaver pointed out a house to me—I saw no person go into that house, but I saw Barnard come out with the nose-bag on his back—it appeared empty, but the mouth of it was stuffed with straw—the house he came out of was 62, or 63, Britannia-street, which is one door beyond Paradise-street—he crossed Britannia-street, and went up George-street—I followed him—he ran away from me up Pindar-passage, which leads into Gray's-inn-road—I followed him, and he joined the team in the road, at the top of Pindar-passage, opposite Cromer-street—Kennett was with the team—I cannot say whether he spoke to Kennett when he joined him—I afterwards went with Archer to the house out of which I had seen Barnard come, and behind some coke sacks we found some corn, chaff, and grains—it was given to Archer, who took it away with him.

JOHN ARCHER (police-constable G 8.) In consequence of information I received, I went to a house in Britannia-street, on the 13th of Jan., with Griffiths—behind some coke sacks I found about a peck of chaff, corn, and grains—I have a sample of it here—it has been in my custody ever since—on our way to the station I asked Barnard if he had been in Britannia-street that morning—he said he had—I asked if he had been into a coke-shed there—he said he had—I asked what his business was there—he said in going down Gray's-inn-road with the team he had picked up a quantity of coke, that he had put them on the top of the nose-bags, and had taken them to this house—I asked who he had seen there—he said he had not seen any one—the man that keeps the house keeps horses.

WILLIAM GOODALL re-examined. I believe this mixture to be a sample of the same mixture that came from the binn—there is some sainfoin among it, it is of a particular sort—I should say there are some grains among it—it is split beans, white oats, clover, and sainfoin, which is a grass something similar to clover—my master usually mixes split beans, clover, sainfoin, and sometimes rye grass for his horses—there are some grains here—I cannot say that they are the same sort of grains that were outside my master's premises—it is the same that comes from the brewers.

Cross-examined by MR. PAYNE. Q. Will you swear there are brewers' graius there? A. Yes, they are decomposed—I believe it is the same mixture

that was in the binn—I could not swear it—I see the mixture made by the man that cuts the chaff—I look after the hones, and the provision likewise.

RICHARD PRATT . I have my sainfoin from out of the country, as I want it—I saw this mixture before the Magistrate, on the 14th of Jan.—it was fresh then, and in bloom—I could recognise it then—I have no donbt it is the same tort as mine, which is composed of split beans, oats, clover, chaff, and sainfoin—this is the same, with grains—it is such grains as I had on the truck at my premises on the 13th of January.

BARNARD— GUILTY. Aged 23.—Recommended to mercy. KENNETT— NOT GUILTY .

30th January 1843
Reference Numbert18430130-637
VerdictGuilty > unknown; Guilty > unknown

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637. JAMES BARNARD and WILLIAM KENNETT were again indicted for stealing, on the 13th of Jan., 60 bushels of gravel, value 11s., the goods of Thomas Rook.

THOMAS ROOK . I am a contractor, and five in Gibraltar-walk. I hired Mr. Pratt's carts to carry some gravel for me from Fetter-lane to Bethnal-green—it was to be supplied from the sewer making in Fetter-lane—I contracted with Mr. Munday—he is not here—it was my property—the first two loads were not delivered to me—they were worth 13s. or 14s.—I met the prisoners with the second load, and they were delivered—I afterwards found two loads of gravel at the Fever Hospital, of the same quality and appearance as the rest I was supplied with from the sewer.

Cross-examined by MR. PAYNE. Q. Was it not a mixture of stuff? A. Not that day—there had been some the previous days—my orders were to bring all the gravel to my yard—there was some mixed stuff to go to Bethnal-green on previous days, but not that day—I found none of the mixed staff at the Fever-hospital—I found six loads of gravel—I asked the doctor of the hospital, Mr. Goodfellow, I think, what he had given for it—he said 6d. a-load, and a pot of beer—the carts began to load about half-past nine in the morning—the first load would get to Bethnal-green about eleven—four loads of good gravel went away to the same place the day before—I was in Fetter-lane myself that same night.

HENRY BATES . I live at the Crooked Billet, Kingsland-road—my brother is porter at the Fever-hospital, Battle-bridge. On the 12th of Jan. I was in attendance there for him, as he was out, when the prisoners came with two of Mr. Pratt's carts containing a kind of gravelly stuff—I got some beer from the kitchen, and received 1s. from Mr. Goodfellow to pay the carmen—I gave it to Barnard—they both drank of the beer—Barnard said the gravel was better than what was brought the day before—Kennett was standing close by, near enough to hear—they shot the gravel down on the path—they had brought four loads of gravel or mixture the day before—it was brought there as rubbish—I cannot say whether it was gravel—I saw it after. it was shot out, and it appeared to me the same as had been shot before, but I am no judge of it—gravel, clay, and mud had been shot before.

WILLIAM GOODALL . I am foreman to Mr. Pratt. The prisoners were in his employ. On the 13th of Jan. I told them they were to take the gravel to Bethnal-green—they had no authority from me to go to the Fever-hospital.

Cross-examined. Q. On the Thursday, had they not been carting a mixture which they were to shoot where they liked? A. I believe those were their orders—I am sure I told them on the 13th to take this to Bethnal-green—I did not see them afterwards, till they were in custody—when the stuff is not good, we are glad to get rid of it—they take it where there is a shoot—when the teams are on hire, we do not interfere with them.

RICHARD STRUDWICK . I live in Unanimous-row, Mile-end New-town, and am foreman to Mr. Rook. The prisoners came to the sewer in Fetter-lane, and I assisted to load their carts with gravel—on Friday morning, the 13th of January, I told them to take it to Pollard's-row, Bethnal-green—they had no business to go any where else with it—the Fever-hospital is not in the way to Bethnal-green from Fetter-lane—the day before they were at liberty to shoot the rubbish where they liked, but that was very different stuff from what they took on the 13th—that was real gravel—we have sold some at 6s. a two-horse load.

Cross-examined by MR. PAYNE. Q. Did you see the carts go off from Fetter-lane? A. Yes.

JOHN ARCHER . I am a policeman. I apprehended the prisoners on the other charge.

Cross-examined by MR. PAYNE. Q. When Kennett was taken before the Magistrate, was he allowed to go, on his own undertaking to come again? A. Yes—on the other charge, he came again—he was not allowed to go after this charge was made—they said nothing to this charge—they were in the dock, before the Magistrate, at the time it was made.

MR. ROOK re-examined. This was my property. Mr. Munday builds the sewer, and I contract to bring away all the stuff—about two o'clock on the 13th, finding no gravel had come to my yard, I suspected something was wrong, went to the Fever-hospital, and saw the gravel—it was not rubbish, but good gravel—they never worked for me before—they owned to taking it to the Fever-hospital.

(The prisoners received good characters.)



Confined Three Months.

30th January 1843
Reference Numbert18430130-638
VerdictGuilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment

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638. WILLIAM JONES and JOHN BARNARD were indicted for stealing, on the 12th of Jan., 11lbs. weight of beef, value 5s. 6d., the goods of William Shepherd; and that Jones had been before convicted of felony.

WILLIAM SHEPHERD . I live in King's-road, Chelsea. On the 11th of Jan. I was in my shop adjoining my parlour—I heard a cry of, "Stop thief," west out, and saw the prisoners running at a distance in a direction from my shop—I did not see either of them carrying anything in a green bag—they were too far off—they were brought back to my shop—a piece of beef was produced to me weighing eleven pounds, worth 5s. 6d.—I knew it—I had lost it from my shop-board.

GEORGE WASTELL . I am a cheesemonger. On the 12th of Jan. I saw Barnard running in the King's-road, about 200 yards from Shepherd's shop—he had a green bag—there were several persons running—there was a cry of "Stop thief"—Jones was close behind him—they were both running—when I spoke to Jones, Barnard was running, and crying, "Stop him, stop him"—I stopped Barnard—he threw the bag towards Jones, and said, "Here, Bill, take it"—he said it was not him, it was some one who had passed on—I picked the bag up—Jones continued running—I took Barnard back to the prosecutor's—he resisted very much—it was as much as two persons could do to hold him—I found the beef in the bag.

THOMAS ROWLAND (police-constable B 135.) I received the prisoners in charge.

GEORGE DANIELS . I live in Mary's-buildings, King's-road, Chelsea. On the morning of the 12th of Jan., between ten and eleven o'clock, I saw both the prisoners standing near the prosecutor's house—Jones turned round one side of the shop where some beef was piled up—he took one piece, turned

round, and pat it in the green bag which Barnard held in hit hand—ha then gare a twist, and put it on his shoulder—I said, "Is that the way you do it, boys?"—they took to their heels—I alarmed the prosecutor, and cried, "Stop thief"—I was loaded at the time, and could not pursue, them—there was not a soul besides myself within one hundred yards.

WILLIAM BUTLER (police-constable B 3.) I produce a certificate of the prisoner Jones's former conviction, which I got from Mr. Clark's office—(read)—I was present at the trial—he is the person described in the certificate, by the name of Dell—I have had him in custody before.

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

BARNARD— GUILTY . Aged 17.— Confined Six Months.

30th January 1843
Reference Numbert18430130-639
VerdictGuilty > with recommendation

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639. MARY RILEY was indicted for stealing, on the 18th of Jan., printed books, value 7s.; 1 shawl, 9d.; 2 handkerchiefs, 18d.; 1 yard of calico, 6d.; 1 brush, 1s.; 1 pair of bracelets, 1s.; 1 watch-guard, 9d.; 6 seals, 1s.; 2 watch-keys, 3d.; 1 ornament, 1s.; 1 measure, 6d.; and I buckle, 6d.; the goods of Charles Thompson and another, her masters.

CHAELES THOMPSON . I am a general salesman, in Upper St. Martin's-lane. I have a brother a partner, named David Thompson—he is married—the pri-soner was in our service about ten months—I mused some coats—she was spoken to about them, but she was not suspected of theft at all then—on Wednesday, the 18th of Jan., my sister happened to let down the prisoner's bedstead, and found a pair of trowsers—she called her into the parlour and said to me,"Charles, do you know anything about these trowsers?"—I said, "No, I do not"—I said, "Mary, this looks very black indeed; you kiow well we have lost coats, and two other coats on another occasion, we cannot find out where they are gone to"—she said, "O master Charles, I have dose nothing wrong at all"—I went and told my brother, who came over immediately, and charged her with having some knowledge of the coats, and she seid she had not, neither had she taken anything at all belonging to us, we were quite welcome to search her boxes—ray brother said, "You have no occasion to be quite so fast, we shall certainly do that; perhape you will have no ebjection to let Mrs. Thompson look at your box"—the prisoner took her keys, and went and opened a box—I saw this guard—I said, "Where did you get this?"—she said, "It is mine"—she afterwards admitted taking it—it belongs to other guards in the shop—we called in a policeman, aid found a prayer book, a printed book, three handkerchiefs, a piece of calico, a watch guard, six seals, two keys, a head ornament, and a buckle—the value of the whole of this is about 16s., or 1l.—I know these articles—here is my mark in the prayer book and Bible—here is written, "Steal not this book, far fear of shame, for here you see the owner's name. A present to Mary Riley from her father"—this book has my private mark in one corner, and was in my possession while the prisoner was our servant, and this ether book I can prove was lost last May—she has written in this, "A gift Mary Ann Riley by her mother, Aug. 31st, 1832," and it was not published till 1839—this book and brush have my marks on them—we cannot find the coats—the buckle, and head ornament I can swear to having seen in the stock—they had no mark on them—they are our property—she had no right to them—she acknowledged to taking these, bat not any wearing apparel whatever—here is a handkerchief edged with lace—it belongs to us—I know it by the edging—she denied that it was ours—it has been washed, and the mark is very illegible to any person not acquainted with it, but I can swear to it as being my mark.

FRANCIS SYER (police-constable F 98.) I was called in—I saw the boxes lying open on the bed—the prisoner was standing near them—she turned out

some of the things until Mr. Thompson saw this watch guard—he laid hold of that—some bracelets were found in the bottom of the box—she acknowledged they were Mr. Thompson's property—we got them all out on the table—she said, "As for the coats and trowsers, Master Charles, I know nothing about them, but I acknowledge to these things here"—pointing to these articles.

(The prisoner received a good character.)

GUILTY. Aged 17.—Recommended to mercy. Confined Three Months.

OLD COURT.—Monday, February 6th, 1843.

Third Jury, before Mr. Recorder.

30th January 1843
Reference Numbert18430130-640
VerdictGuilty > unknown; Not Guilty > unknown

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640. THOMAS SEAR and WILLIAM POLLEY were indicted for stealing, on the 28th of Jan., 1 cart, value 15l., the goods of George Reynolds.

GEORGE REYNOLDS . I live in Gray's-inn-road. I have known Polley between three and four years—I do not know Sear—on Saturday, the 28th of Jan., about twenty minutes past eight o'clock, I went out, and left my cart opposite my door, standing against one of my vans—I missed it about a quarter to ten—I saw it at the station, between twelve and one—it is worth 15l.—Polley was brought to my house next day—I had no conversation with him about the cart—he said nothing about it—I said he was the man who stole the cart—I do not recollect his saying any thing—I do not recollect stating before the Magistrate that he denied knowing anything about the cart—I have a very short memory.

Cross-examined by MR. WILKINS. Q. What is Polley? A. A painter—he has known me well—I am in the habit of placing my cart in front of my house—I do not know what Sear's business is—I understand the pony belongs to him.

WILLIAM HONEY (police-constable S 158.) On the night of the 28th of Jan., from a quarter to half-past nine o'clock, I saw Reynolds' cart in Juddplace East, New-road, about three quarters of a mile from his house—it was without any horse then—I went towards Reynolds's—on my return to the spot where I had seen the cart I saw the two prisoners in the act of putting a horse into it—I spoke to them both—I said, "What are you going to do with this cart?"—Sear answered, "I am going to take it away"—I said, "Not if I know it"—I then said, "Whose cart is it?"—Sear replied directly, "It is mine"—Polley did not make any reply—I said, "What is the name on the cart?"—neither of them answered—Polley went round to the near-side of the cart, called Sear, and told him he wished to speak to him—he said, "You go with the policeman, I will make it all right, for I will go and see the man I borrowed it of"—when Polley was gone I told Sear I had information the cart was stolen, and he must go with me to the station—he replied, he hoped Polley would return, if not he should get himself into a mess—I gave Sear in charge of another constable, while I took the horse and cart to the station—when I got there, Sear said he had been employed by Polley to use the cart to move some goods—he did not say where.

Cross-examined. Q. I believe you have since ascertained that the horse was Sear's? A. From his wife—I might have asked whose horse and cart it was, I do not recollect.

HENRY LEWIS (police-constable G 158.) I apprehended Polley—I took him to the prosecutor, and asked him if he was the man—he said he was—I spoke to Polley about the cart—he said he knew nothing at all about it—the prosecutor said, "How came you to take my cart?"—Polley said he knew

nothing at all about it—it is a light market spring-cart, such as a man might very easily draw without a horse, from the place where it was lost to where it was found

MR. WILKINS called

WILLIAM BEAN . I live on my property, at Willesden. I have known Sear ten years, and always considered him an honest, upright man—I know this horse was his, I purchased it for him—he gets his living by his horse and cart, and removes goods—he has worked for me occasionally with his horse and cart—one of his carts was broken, and I suppose that is why he did not use his own cart on this occasion.

POLLEY*— GUILTY . Aged 40.— Transported for Seven Years.


OLD COURT.—Tuesday, February 7th, 1843.

Second Jury, before Edward Bullock, Esq.

30th January 1843
Reference Numbert18430130-641
VerdictGuilty > unknown

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641. JOSEPH BINGHAM was indicted for stealing, on the 1st of Feb., 3lbs. weight of pork, value 1s., the goods of Joseph Woodfield Dyer.

JAMES OLIVER . I am shopman to Joseph Woodfield Dyer, a cheesemonger, in High-street, Shoreditch. On the evening of the 1st of Feb., I was in my master's shop—the policeman brought the prisoner in—he showed me a piece of pork, which I know to be master's—I had seen it in the window ten minutes previously.

WILLIAM TILLIER . I am a policeman. About half-past nine, or a quarter to ten o'clock, somebody pointed out the prisoner to me, walking away very fast from the prosecutor's shop, about three hundred yards from it—I stopped him, and asked what he had got—he said, "Nothing"—I rubbed him down the coat, and found a piece of pork under it—I took it from him, took him back to the shop, and showed it to Oliver.

Prisoner's Defence. I was walking past the place, and two men passed me rather quick, they turned the corner of the road, and dropped the pork on the step of a door at the corner of Bedford-row; I took it up and walked with it in my hand at a regular pace; the policeman overtook me, and found it on me; I went back readily with him, and he said it was stolen.

GUILTY . Aged 58.— Confined Fourteen Days.

30th January 1843
Reference Numbert18430130-642
VerdictGuilty > with recommendation

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642. WILLIAM RAFFE was indicted for stealing, on the 15th of Dec., 1690 feet of wood, value 54l.; 1440 feet of veneer, 40l.; 3 chair-frames, 3l. 14s.; 1 stock, 5s.; and 1 screw-driver, 2s.; the goods of John Bartholomew, his master; to which he pleaded

GUILTY.—Recommended to mercy. Confined Nine Months.

(The prisoner received a good character.)

30th January 1843
Reference Numbert18430130-643
VerdictNot Guilty > unknown

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643. JOHN SADD, alias Bailey , was indicted for feloniously and knowingly receiving of a certain evil-disposed person, on the 9th of Jan., 60 yards of fringe, value 5l. 4s.; 2 coats, 1l. 18s.; 1 pair of trowsers, 1l. 15s.; 5 shirts, 1l. 12s.; 3 waistcoats, 30s.; 3 table-cloths, 15s.; 2 towels, 1s.; 100 wooden bobbins, 5s.; 6lbs. weight of silk, 10l.; 80 gross of buttons, 11l.; 1 looking-glass and frame, 5s.; 10 yards of cord, 1s. 6d.; and 1lb. weight of cotton, 1s. 6d.; the goods of Magnus Leon Wolfson.

MAGNUS LEON WOLFSON . I am a fringe-manufacturer, and live in Booth-street, Spitalfields. On Sunday, the 8th of Jan., at twelve o'clock in the day, I left my house—I fastened the door, and sent the key to a friend—I left nobody in the house—I returned between ten and eleven on Monday

morning—I found my back-room in the greatest disorder, and the back-window broken open—I missed the articles mentioned in the indictment—these pieces of fringe are mine, and are part of the property I missed—I can swear to them—I saw them in the ware-room at the back of the house on Saturday afternoon or evening, I cannot say what time exactly—I saw the coat on Sunday, as I took it off—that is not here—I have not seen it since—this is part of the silk cord I missed.

Cross-examined by MR. PAYNE. Q. How do you know any of these things? A. This piece of cotton I particularly know—it may be worth 1d.—when it is used it is not generally done as this is—I made a particular knot in the end, for it to be used again—anybody in the trade might make such a knot—this piece of fringe was made to order; I really think there is not another piece like it in the trade—I speak to the make of it—it was ordered by a particular customer—it came too late, and was thrown back on my hands—I know my manufacture—some of my workmen made it—other workmen could make the same thing, if I gave the order, but they must have a pattern to make it by—I should have sold it from half-a-crown to 3s. a yard—there is about four yards—I cannot exactly tell the value of the property lost, not a two-hundredth part of it is produced—this piece of cord is mine—I have lost such—other persons in the trade may have such cord—there is no mark on it—here is another piece of fringe—there is no mark on it, but I can bring plenty of samples to swear to it by—they are not here—I can swear to it.

DANIEL SUGG . I am a policeman. When the prisoner was taken into custody I searched him, and found on him 4s. in silver, 8d. in copper, two small keys, and a knife—in consequence of information of a robbery, I went next morning with Teakle, to No. 23, John-street, Bethnal-green—one of the keys opened the room-door—I searched a box in the attic, it was fastened with a small lock—I opened it with one of the keys taken from the prisoner—this silk fringe, silk cord, and cotton, Teakle took out in my presence—the other key opened a flap, which led up to the top room, a sort of trap-door, fastened by a padlock—Teakle opened it in my presence—it was in that room the box was—the padlock key opened the trap, and the other the box.

GEORGE TEAKLE . I am a police-sergeant In consequence of information, I went on Friday, the 20th, with Sugg to the house—Sugg gave me a key, which I saw taken from the prisoner, it opened the trap-door—I opened the trap-door, and went into the room—Sugg opened a box in my presence—I found this fringe, cord, and cotton, with a number of articles—there was a pair of driving-reins behind some boards, with a number of other articles-I went to that house, in consequence of some private information—I know the prisoner lived there, and have seen him go in at the door—I produced the things before the prisoner at Lambeth-street—he owned the greater portion of the property I produced there, and said it was his property, except, pointing to a bundle containing these silk, cord, cotton, and other things—he said, "If that was in my room, it has been left there since I left it."

Cross-examined. Q. You took a quantity of crockery-ware away? A. Yes, it was that he owned.


30th January 1843
Reference Numbert18430130-644
VerdictNot Guilty > unknown

Related Material

644. JOHN SADD, alias Bailey , was again indicted , for feloniously and knowingly receiving, of a certain evil-disposed person, on the 5th of Jan., 1 pair of reins, value 2s., the goods of Daniel Reeves.

DANIEL REEVES . I live at Bethnal-green. I had a horse and cart in St. John-street, about the 23rd or 24th of Jan., (I do not know the day of the

month—I dare say it was five or six weeks ago) I had a pair of reins on my horse—I left the horse and cart about a quarter of an hour—when I came back the reins were gone—these now produced are them.

Cross-examined by MR. PAYNE. Q. You will not swear to them positively? A. I do not wish to swear to them, but I am satisfied they are mine—I may be mistaken—I have driven with them for about six months.

COURT. Q. Is there any thing you know them by? A. By this chafing on the hames, and by the buckles—I suppose others may be chafed in the same way.


30th January 1843
Reference Numbert18430130-645
VerdictGuilty > with recommendation

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645. JOHN GRAHAM was indicted for stealing, on the 2nd of Feb., saddle, value 10s.; 1 back-band, 6s. 1 pair of tugs, 4s.; and 2 loinleathers, 4s.; the goods of John Wilson and another, his masters.

THOMAS TYLER . I am a policeman. I was in Penton-street, on the night of the 2nd of February, and saw the prisoner carrying this harness under his arm—I stopped him, and asked him where he was going to take them—he said he was going to take them to a waterman named Bartlett, in Penton-street, that Mr. Wilson had sold them to him for 6s.—I took him into custody—as he went along, he said he hoped Mr. Wilson would not be sent for—he said, sooner than there should be any bother made about it, and Mr. Wilson should know any thing about it, he would throw the harness away.

Cross-examined by MR. WILKINS. Q. How long were you in the prisoner's company altogether? A. I should say, about a quarter of an hour—I asked him several questions—he said, "You know me?"—I said, "Yes, you are foreman to Mr. Wilson"—he said, "Yes, it is all right"—I did not put more questions to him respecting the harness, after he said he was going to take the things to Bartlett—I said, "You have been some time with Mr. Wilson," and so on.

Q. Was not his expression, sooner than Mr. Wilson, or any of his respectable acquaintances should see him in custody, he would throw them away, and ten times their value? A. Not exactly—it was something to that effect.

JOHN WILSON . I am in partnership with Elizabeth Wilson, and keep livery-stables at Holloway—this harness is our property—the prisoner has been in our service from eight to ten years—he had no authority to take the harness—I never sold them to Bartlett, or any body.

Cross-examined. Q. Do you know Bartlett? A. Yes—we keep about 230 horses, and forty or fifty sets of harness, not all of the same kind as this—we have a good deal more of different sorts—we wear out a good deal—I have sold cast-off harness to Bartlett—I do not recollect doing so more than twice—I believe he has bought more at our establishment, but not of me—the prisoner has been a very good servant, we never had a better—I know this harness by the furniture—I had two sets at once—there is nothing very peculiar about it, but it is just the same as I ordered them—I have had it more than twelve months—this loin-pannier we have had about four years—I never authorised the prisoner to sell my harness—I think my sister generally sold the harness, when I did not, to Bartlett.

JOSEPH LOUGH . I am harness-maker to Mr. Wilson. I can speak to this harness—I did not make it, but it has often passed through my hands in the course of repairs, which enables me to speak to it—I know it belongs to Messrs. Wilson.

Cross-examined. Q. How many times have you repaired it? A. I cannot say positively, I should say three or four—I know it by the shape of it.

(The prisoner received a good character.)

GUILTY. Aged 32.—Recommended to mercy. Confined Three Months.

30th January 1843
Reference Numbert18430130-646
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

Related Material

646. PETER MITCHELL was indicted for stealing, on the 1st of Feb., 1 ham, value 8s., the goods of Anthony Hudson.

JOHN RASBERRY . I live in Payne-street, Islington. On the 1st of Feb., between seven and eight o'clock in the evening, I was in Golden-terrace, and saw the prisoner and another lad on Brunswick-parade, close to Mr. Hudson's window—I saw the prisoner's pal take the ham from the door-post, and deliver it to the prisoner, who had it in his lap—he rolled it up in his apron, and walked away with it about three doors—I ran across the road, caught him, and took him back—the other boy ran away—as soon as the prisoner saw me close to him, he dropped the ham, and ran away—I took him back to the shop, and he was taken to the station—he said, "Pray, pray, let me go, father and mother is ill"—he said he did not know the other boy, that he had chucked the ham, and hit him on his sore heel with it.

ANTHONY HUDSON . My father, Anthony Hudson, keeps a cheesemonger's shop in Brunswick-parade—I was at home on the night in question—Rasberry brought the prisoner into the shop—he produced a ham, which was my father's property.

EDWARD BREST . I am a policeman. I produce the ham. Prisoner's Defence. The boy chucked it at me as I was standing at the window, after carrying a box for a gentleman; it hit me on my sore heel; I turned round; the man ran over, and took me.

GUILTY. Aged 14.— Judgement Respited.

30th January 1843
Reference Numbert18430130-647
VerdictGuilty > unknown

Related Material

647. RICHARD SMITH was indicted for stealing, on the 23rd of Jan., 1 coat, value 15s., the goods of Henry Gerard.

HENRY GERARD . I am a tailor, and live in Hungerford-street, Hungerford-market. On Monday, the 27th of Jan., about seven o'clock in the evening, I was in my shop—I heard a noise, went to the shop door directly, and missed a coat off the rail inside the door—I had seen it safe about an hour before—the prisoner had no business in my shop whatever—I saw it again the same night in the hands of Fisher—I delivered it to the constable.

ELIZABETH HEATH . I am the wife of Henry Heath, of the 1st regiment of Grenadier Guards—he was stationed at the Wellington at the time in question. On the 3rd of Jan. I was coming down Charles-court, where I was at work, with a pail of water in my hand—I saw the prisoner throw something up the passage—he ran up the court towards the Strand—I went to the spot, and found it was a great-coat—I took it to Mr. Fisher's house—about a quarter or half-an-hour afterwards the prisoner came to the house with another person, and asked for the great-coat—Mr. Fisher said, "What great-coat?"—the young men, I cannot say which, said, "The great-coat which the woman picked up and brought in"—Fisher would not give it up.

THOMAS FISHER . I keep a coffee-shop in Charles-court. On Monday, a little after seven o'clock, when I came in, I found the coat in my house—I afterwards heard a knock at the private door—I went to the door—the prisoner came to the door, and asked for a coat the woman had picked up in the court—I said I should not deliver it up—he said, "What, do you think I stole it?"—I said, "I cannot say"—he said, "I will fetch a Bow-street officer to you"—I said, "If you don't fetch one, I will to you"—I followed him up the court, met two constables, and when he saw me speak to them he ran away

—I saw him in custody of an officer about a week after—I am sure he is the same person—I delivered the coat to the prosecutor.

JOHN MANHOOD . I am a policeman. I took the prisoner into custody on the night of the 2nd of Feb.—the prosecutor afterwards gave me this coat.

HENRY GERARD re-examined. This is the coat I missed.

GUILTY . Aged 20.— Confined Four Months.

(There was another indictment against the prisoner.)

30th January 1843
Reference Numbert18430130-648
VerdictGuilty > with recommendation

Related Material

648. ANN HILL was indicted for stealing, on the 1st of Feb., 2lbs. 13oz. weight of bacon, value 1s. 10d., the goods of James Hawkins.

JAMES HAWKINS . I am a cheesemonger, and live in Devonshire-street, Lisson-grove. On the 1st of Feb., about a quarter after eleven o'clock, I went into my next door neighbour's shop—I returned into my own shop, and saw the prisoner standing at the back of the shop, with the bacon id her hand behind her—she saw me, and put it back to where she took it from—I had placed it on a stand at the back of the shop ten minutes before—I went outside, and stood opposite the shop, without taking any notice—in a few minutes she came out—I went in, and the piece of bacon I had seen her put back on the stand was gone—I went after her, and found her about two hundred yards off—I tapped her on the shoulder, and told her to come back with me—she said, "What for?"—I said she had some bacon in her lap which did not belong to her—she said she had not, but as I brought her back, she said she had, and was very sorry for what she had done, she did it through distress—I took it out of her apron.

JAMES ELMER . I am a policeman. I took her into custody, and found her with the bacon.

Prisoner. I did it through distress.

GUILTY. Aged 39.—Recommended to mercy Confined Ten Days.

30th January 1843
Reference Numbert18430130-649
VerdictGuilty > unknown

Related Material

649. JAMES COLLIER was indicted for stealing, on the 27th of Jan., 1 table-cover, value 4s.; and 1 table-cloth, 4s., the goods of William Hollidge.

MARY CROSSKINS . I am servant to William Hollidge, of Stepney. On Friday morning I got up, put the parlour things in order, and got master's breakfast ready—I went into the kitchen, and left the table covered with a white table-cloth and a blue one—the parlour window is rather better than two feet from the ground—I heard the spoons, and cups and saucers rattle—I went into the parlour, and found the window up, and the table-cloth taken off—I immediately looked out of the window, and saw the prisoner running along the pathway (the window was shut when I left the pariour) the prisoner was tucking the cloths under his arm as he ran—I could see the corner of the blue and red cloth as he tried to put it under his arm—I had seen him near the house about ten minutes before, when I took in the milk—I saw him pass the window several times the week before that, and am sure he is the man—I went to the station, and gave a description of him—the same day, about twelve o'clock, I was speaking to the beer-man, and saw the prisoner coming along within twenty yards of the parlour window—he jumped off the path, and ran along the road, when he saw me—the cloths were my master's property—he was about forty or fifty yards from me when I saw him going away—I only saw his back, but he looked behind him as he was going along, and I saw his face—I have no doubt of him.

EVAN PILGRIM . I am a policeman. I apprehended the prisoner on Friday, in Alfred-street, about half-past six o'clock in the evening, with four or five more boys—I asked him about the cloths and the cover.—he said he knew nothing of them.

GUILTY . * Aged 20.— Confined Four Months.

30th January 1843
Reference Numbert18430130-650
VerdictGuilty > unknown; Guilty > unknown

Related Material

650. JOHN CROFT and THOMAS MAY were indicted for stealing, on the 2nd of Feb., 1 pot of bear's-grease, value 2s. 6d.; and 1 pot of coldcream, 1s.; the goods of Frederick Patrick Maine.

WILLIAM JAMES . I am a policeman. About a quarter after seven o'clock, on the evening of the 2nd of Feb., I was in Han way-street, Oxford-street, and saw the two prisoners in company together—Croft had this pot of bear's grease in his hand—he was in the act of tearing the paper off it—I asked what he had there—he said—(pointing to May)—"That boy gave it to me"—May was close to him—he made no answer, and I took them into custody—on the way to the station, May took something from his trowser's pocket, and threw it down the area—I took them to the station, and returned and took this other pot out of the area.

HARRIET SMITH . I am shopwoman to Frederick Patrick Maine, a hairdresser, in Hanway-street. This pot of bear's-grease and cold-cream are Mr. Maine's—I saw them safe on the shop counter at seven o'clock on Tuesday evening, the 2nd of Feb.—I missed them at seven—I know them by the pots—one is Mr. Atkinson's—the other master makes himself—we sell a good many of them.

May's Defence. As I was coming down Oxford-street two boys ran up to me, and said, "Here boy, is some stuff for you"—I weut up the street to see what it was.

CROFT*— GUILTY . Aged 18.

MAY*— GUILTY . Aged 11.

Confined Four Months.

30th January 1843
Reference Numbert18430130-651
VerdictNot Guilty > unknown

Related Material

651. SAMUEL SYDNEY SMITH was indicted for wilful and corrupt perjury.


NEW COURT, Monday, January 30th, 1843.

Fifth Jury, before Edward Bullock, Esq.

30th January 1843
Reference Numbert18430130-652
VerdictGuilty > pleaded guilty

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652. GEORGE SHEPHERD was indicted for stealing, on the 4th of Dec, 10 sovereigns, 9 half-sovereigns, and 48 half-crowns, the monies of Edward Sherman, his master; to which he pleaded

GUILTY . Aged 36.— Confined Twelve Months.

NEW COURT.—Tuesday, January 31st, 1843.

Sixth Jury, before Mr. Common Sergeant.

30th January 1843
Reference Numbert18430130-653
VerdictsGuilty > pleaded guilty

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653. JOHN READING was indicted for feloniously forging and uttering, on the 2nd of Jan., an acquittance and receipt for the sum of 10s. 6d.;— also, for stealing, on the 2nd of Jan., 2 sovereigns, 5 shillings, and 1 halfpenny;— also, on the 2nd of Jan., 10 shillings, and 1 sixpence, the monies of Thomas Ellis Everett; to all of which he pleaded

GUILTY . Transported for Seven Years.

30th January 1843
Reference Numbert18430130-654
VerdictGuilty > pleaded guilty; Guilty > pleaded guilty
SentenceImprisonment; Corporal > whipping

Related Material

654. MATTHEW SPURDELL and FRANCIS WATERS were indicted for stealing, on the 5th of Jan., 3 brushes, value 2s. 9d., the goods of John Patterson; to which

SPURDELL pleaded GUILTY . Aged 12.


Aged 13.

Confined Seven Days and Whipped.

30th January 1843
Reference Numbert18430130-655
VerdictGuilty > pleaded guilty

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655. CHARLES BRISTOW was indicted for stealing, on the 5th of Jan., 1 pair of boots, value 4s., the goods of Hampden Stephen Pridie; to which he pleaded

GUILTY . Aged 16.— Confined Three Months.

30th January 1843
Reference Numbert18430130-656
VerdictNot Guilty > unknown

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656. JOHN CLARK and SARAH JONES were indicted for stealing, on the 31st of Dec, 8oz. weight of currants, value 3d.; 8oz. weight of raisins, 2d. 3oz. weight of candied-peel, 6d. 4oz. weight of sugar, 1d.; 13oz. weight of mince-meat, 1s.; 1 basin, 6d., 31bs. weight of bread, 2d.; 1 towel, 6d.; 2 pieces of floor-cloth, 1d.; and 2 pieces of carpet, 6d.; the goods of John Holt, the master of Sarah Jones.

JOHN HOLT . I live in Brunswick-terrace, Commercial-road—Jones was my cook. I have lost a towel, and some pieces of carpet—we had some oil-cloth, a basin, some raisins, candied-peel, and mince-meat—I can only speak to the towel—this is it.

Cross-examined by MR. PRICE. Q. You did not miss the towel till you found it? A. No—I believe the other things to be mine.

EDWARD WANDERER TOWNSON (police-constable K 143.) On the morning of the 31st of Dec, at half-past six o'clock, I was on duty in the Commercial-road, and saw Clark go to the prosecutor's house—he staid there about an hour—about half-past seven Jones came to the door, and opened it—I was then standing against the palings—she saw me, and closed the door upon the jar—in a very short time she opened it again—I rushed in—she tried to force it against me—I found Clark standing behind the door—I asked what he was doing—he said he had come to see his friend—(alluding to Jones)—I asked how she came to allow any one into the house at that time—she said, "For God's sake let him go!"—I desired my brother officer to assist me—I searched Clark, and took from him a basket containing this basin, and mincemeat—the towel was found at Jones's house—in conveying Clark to the station, he said "She stole them, but I received them, and the receiver is as bad as the thief."

Cross-examined. Q. Did you mention that at the station? A. I did, without being asked.

JAMES HARRIS (police-constable K 248.) I found a paper of currants, some plums, and some soap in Clark's pocket.


30th January 1843
Reference Numbert18430130-657
VerdictNot Guilty > unknown

Related Material

657. ANN KELLY was indicted for stealing, on the 5th of June, 52 yards of ribbon, value 7s.; 1 cap-spring, 2d.; 5 yards of piping, 2d.; 4 artificial-flowers, 1s.; and 5 yards of lace, 6d.; the goods of Hugh Swan, her master.

HUGH SWAN . I am a milliner, and live in Hanway-street. The prisoner was in my service for about four months—all these things are mine—some have my private mark on them—my wife found them, she called me, and I saw them in the prisoner's box.

Cross-examined by MR. BALLANTINE. Q. Is your wife here? A. No—there has been a dispute between her and the prisoner about some clothes that were lost—she has been pressing my wife to make her a remuneration for them—some other clothes have been bought to the amount of 1l.—there never was any proof that the goods she said were lost were in my house.

HENRY FOWLER (police-constable E 111.) I took the prisoner. She said she took the ribbons, except the first two pieces, that were taken out of her box.

Cross-examined. Q. Upon your oath, did not she say, in presence of the prosecutor's wife, that she had found the other pieces about, and had been permitted to take them? A. I never heard anything of the kind—she

said she found these two under the bed—there were some things taken out of the box before I went there.


30th January 1843
Reference Numbert18430130-658
VerdictGuilty > pleaded guilty

Related Material

658. JAMES KNIGHT was indicted for stealing, on the 28th of Dec., 2 wheels, value 1l. 10s., the goods of Charles Cooper; and that he had been before convicted of felony: to which he pleaded

GUILTY . Aged 40.— Transported for Seven Years.

(There was another indictment against the prisoner.)

30th January 1843
Reference Numbert18430130-659
VerdictGuilty > unknown

Related Material

659. GEORGE TAYLOR was indicted for stealing, on the 17th of Jan., 1 bottle, value 1s.; and 77lbs. weight of quicksilver, 10l.; the goods of Samuel Jackson and another, his master.

JOHN KNILL . I am in partnership with Samuel Jackson. The prisoner was occasionally employed by me—he was at work on the 17th of Jan.—I had about 77lbs. of quicksilver, in a bottle—this is a similar bottle—we did not miss it till we found it—I can swear it is ours.

JESSE PLUMPTON . I am a labourer, and live in John's-hill, Ratcliff-highway, and am watchman at Botolph's wharf. About half-past five o'clock in the evening of the 17th of Jan., I was at Botolph-wharf, which joint Mr. Knill's—I saw the prisoner coming up with something on his shoulder—I asked what it was—he said, "Nothing"—I said "I must see"—it was put down—I found it was a bottle similar to those used for quicksilver—I asked who it belonged to—he said, "To a gentleman"—I gave him and the bottle to the officer.

JOHN RANGECROFT . I am an officer. I received the prisoner and this property.

GUILTY . Aged 27.— Confined Nine Months.

30th January 1843
Reference Numbert18430130-660
VerdictsGuilty > unknown; Not Guilty > unknown

Related Material

660. CHARLES BISHOP was indicted for stealing, on the 19th of Jan., 18 baskets, value 1l. 19s., the goods of Richard Gobell; and GEORGE BAILEY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.

RICHARD GOBELL . I am a fish-salesman, living in Billingsgate-market. On Thursday morning, the 19th of Jan., I missed eighteen baskets—these are them—I saw them safe about eleven o'clock the day before—they are worth 2l.

BENJAMIN BROOKMAN . I live in Great Pearl-street, Spitalfields. I have known Bailey twelve months—I bought these baskets of him, last Friday week, for 9s.

DAVID KING (City police-constable, No. 548.) I received information that these baskets were gone—I went to Brookman's house, and saw the eighteen baskets—I took them to the station.

Cross-examined by MR. BALLANTINE. Q. You know Bailey? A. I saw him when he came to the station—that was after I had been to his house—I did not mention what I had gone to his house for—I did not leave any message—I went out to look for him, and found he had surrendered himself—I believe he went with the other officer to point out Bishop as the person from whom he got the baskets.

ROBERT WALLIS (police-constable H 83.) I received information from the prisoner Bailey's wife—she took me to George-yard, Whitechapel—I found Bishop there—she said, "That is the person that sold the baskets to me"—he said, "What do you want with me?"—I said, "You must go with me to the station"—as we were going he said, "I know nothing at all about it; what are you going to take me for?"—then he said, "I will tell you the truth, I

admit I did take the baskets through distress, and sold them to Bailey"—then Bailey came and gave himself up, and said he bought them.

Bishop's Defence. I said, "I will tell you the truth, I told Bailey when he bought them that I got them out of a cart behind the Blue Anchor."

BISHOP— GUILTY . Aged 21.— Confined Four Months.


30th January 1843
Reference Numbert18430130-661
VerdictGuilty > unknown

Related Material

661. GEORGE SMITH was indicted for stealing, on the 12th of Jan., 1 coat, value 12s., the goods of John Pelham Buckland.

JOHN PELHAM BUCKLAND . I am a surgeon, and live in Watling-street. I missed my coat off my carriage-box on the 12th of Jan.—the officer brought it after me—this is it—I can swear to it.

CHARLES SLEE . I am an errand-boy, and live in Steven-street, Totten-ham-court-road. About half-past one o'clock in the afternoon of the 12th of Jan., I was going along Watling-street, and saw the prisoner take the coat from the carriage-box—I ran and said, "Stop that man"—the policeman took him.

JOSEPH JAKES . I was at the corner of Watling-street, and saw the prisoner with the coat on his arm—he passed by—Slee came and said, "That man has stolen a coat"—I followed him—he was stopped, and he threw the coat down—this is it.

JOSEPH KNIGHT (City police-Constable, No. 437.) I received the prisoner from Jakes, and this coat was given him by the boy.

(The prisoner received a good character.)

GUILTY . Aged 22.— Confined Three Months.

30th January 1843
Reference Numbert18430130-662
VerdictNot Guilty > unknown

Related Material

662. THOMAS GRUBB was indicted for stealing, on the 22nd of Dec., 4 hams, value 1l. 10s., the goods of John Smart.

JOHN SMART . I am a grocer, and live at Hendon. On the 22nd of Dec. I had some hams in my shop at half-past six o'clock in the evening—they were gone at twenty minutes past seven—I accompanied the officer to a bed-room, and foand one, which was mine, and these other two are mine.

FREDERICK WILLIAMS (police-sergeant S 26.) I went to Mr. Woodman's premises to apprehend the prisoners—he lived servant there—I have seen him there some months—I went into a room in which was a box—I found one ham under a palliasse on the frame of the bedstead—it had been found by the maid-servant when she went to make the bed—the prisoner said he knew nothing about it.

Cross-examined by MR. BALLANTINE. Q. I believe Mr. Woodman pointed out the room to you? A. Yes—I knew the prisoner slept there—I had turned him out of the room on the Friday night previous, when I was searching for one Saunders, whom I knew associated with the prisoner—no one told me the prisoner slept there—his master told me there was a ham there—I went and found it on the 12th of Jan.

WILLIAM PRITCHARD (police-constable S 235.) I went with Williams to this room on the 12th of Jan.—I saw a box, and found two hams in it, secreted under some clothing which I had seen the prisoner wear.

Cross-examined. Q. Have you got the clothing here? A. No—it was a fustian jacket and waistcoat which I had seen him wear on a Sunday—it was not an uncommon dress—I had seen the prisoner sleeping there—there was another person charged with the robbery.


30th January 1843
Reference Numbert18430130-663
VerdictGuilty > unknown

Related Material

663. FREDERICK BLUNDELL was indicted for stealing, on the 12th of Jan., 12 brushes, value 15s., the goods of Samuel Taylor and another, his masters.

MR. WILDE conducted the Prosecution.

HENRY DEANE . I am errand-boy to Messrs. Taylor in Gracechurch-street. On the 12th of Jan. I saw a cinder-sifter in the shop, I took it up, and said it was rather heavy—my mistress said it had no business to be heavy—I opened it, and found a dozen plasterers' brushes in it—I afterwards saw the prisoner going out of the door with the sifter—the brushes had not been removed from the sifter.

Cross-examined by MR. PAYNE. Q. How came you to open it? A. My mistress told me.

JOSEPH TAYLOR . I am apprentice to my father, Samuel Taylor and another. In consequence of something, on the 12th of Jan., I went to Brixton—I waited there and saw the prisoner and another man—I followed him home—after we had shut up shop he went to a public house—I called him out, and he was taken to the station—after he got to the station he said he had taken a dozen brushes to a pawnbroker's, but he did not recollect the name, it was at the bottom of Kent-street—these are the brushes.

Cross-examined by MR. PAYNE. Q. Who asked him about the brushes? A. The inspector—my brother charged him with stealing a dozen brushes—he appeared very much agitated—he had been in our service about six years.

WILLIAM DABBS . I am assistant to James Oram, a pawnbroker in York-place, Kent-street-road. On the evening of the 12th of Jan. I received some brushes from the prisoner for 4s.—I believe this is one of them.

The prisoner received a good character.

GUILTY . Aged 21.— Confined Six Months.

30th January 1843
Reference Numbert18430130-664
VerdictGuilty > unknown

Related Material

664. HENRY NOBLE was indicted for uttering a forged request for the delivery of a dozen of port wine, with intent to defraud Edward Moseley.

EDWARD MOSELEY . I am a wine merchant, and live in Gloucester-street, Queen-square. On the 19th of Jan. the prisoner came to my counting-house with this letter—(read—"Uxbridge-house, to Mr. Moseley, wine merchant, Gloucester-street, Theobald's-road, Jan. 19, 1843—Miss Mercer sends her compliments to Mr. Moseley; he would oblige Miss Mercer if he would send her by the carrier to-day, one dozen of the best port wine; Miss Mercer will call on Monday next—Please to send it good, and send the bill to Miss Mercer, Uxbridge-house, Uxbridge-hill, Middlesex—to Johns, carrier, Rose Inn.")—I had no dealings with a person of the name of Mercer, but in consequence of this order I sent the wine as directed, believing it to be sent by the person—I questioned the prisoner if he came from Miss Mercer—he said he did, and I sent it, after referring to the Directory, and finding there was a person of that name there.

MARY ANN MERCER . This letter is not my handwriting—I know nothing about it—I did not authorize any one to write it.

JOHN BLOOMFIELD . I belong to the Rose Inn, Farringdon-street—the prisoner came to me for a hamper directed for Miss Mercer, Uxbridge—I gave him in custody—he wrote an order for the delivery of it, but I could not deliver it for that.

Prisoner's Defence. I was employed by a gentleman to take the letter to Mr. Moseley, aud tell him to get the wine, and send it to the Rose Inn.

GUILTY . Aged 20.— Transported for Seven Years.

30th January 1843
Reference Numbert18430130-665
VerdictGuilty > unknown

Related Material

665. JOHN HARPER was indicted for breaking and entering the dwelling-house of John Almon Boulcott, on the 7th of Jan., at Paddington, and stealing therein, 14 spoons, value 6l. 10s., his property.

SARAH BOREMAN . I am servant to John Almon Boulcott, of Sussex-place, in the parish of Paddington—it is his dwelling-house—between nine and ten in the morning of the 7th of Jan. I left the kitchen—the front kitchen

window was shut and fastened with a hasp—I went up to my mistress and came down again in two or three minutes—I had shut the back door on going up stairs—I heard the hasp of the window go on coming down, and the window thrown up—knowing I had left no one there, I went and saw the prisoner in the act of going out of window with his hand full of spoons—I immediately went to the back door and called "Stop thief," till a man stopped him—I saw the man take the spoons up—he brought them to me—I asked him to bring them to my master's house, which he did—they were my master's—I think the prisoner must have entered by the door.

CHARLES ARSEN . I heard Boreman call "Stop thief"—I began to run—the prisoner was running—he dropped these spoons out of hit right hand—I took them back to Boreman—she told me to take them to her master.

THOMAS ARTHUR . I live in Pickering-place, Bayswater. I saw the prisoner running, and no other but him—I heard a cry of "Stop thief"—he passed by about twenty men—I took no notice, but seeing him run slowly by I looked at him, and saw him drop the spoons—I told Arsen to look after the spoons, and I would give chase to the boy, which I did, and caught him after he had run across two fields.

Prisoner's Defence. There was another boy running; he dropped the spoons, and I ran after him.

GUILTY . Aged 15.— Confined One Year.

30th January 1843
Reference Numbert18430130-666
VerdictGuilty > unknown

Related Material

666. GEORGE ALLEN was indicted for stealing, on the 20th of Jan., 1 handkerchief, value 1s. 6d.; the goods of William Henry Moore.

WILLIAM HENRY MOORE . I was in Skinner-street, Snow-hill, on the 20th of Jan.; I was told something, and missed my pocket handkerchief—this is it—it is mine.

ANDREW TREBBLE (City police-constable, No. 222.) I was on duty, and saw the prisoner following the prosecutor up Skinner-street, I watched him—when he got to the middle of the street, he took the coat tail in his left hand, and took the handkerchief with his right hand—he drew it across his nose—I took him, and took it from him.

Prisoner's Defence. One of three young men threw it down, and I took it up; the officer said, "What did you pick up?" I said, "A handkerchief;" he said, "Where did you get it?" I said, "Just picked it up, and two persons had ran across the road."

GUILTY . Aged 18.— Confined Three Months.

30th January 1843
Reference Numbert18430130-667
VerdictGuilty > pleaded guilty

Related Material

667. JOHN BUCKLEY was indicted for stealing, on the 7th of Dec., 4 spoons, value 4l.; 1 watch, 1l. 16s.; 1 watch key, 4s.; and 1 bottle lable, 2s.; the goods of Charles Hastings Doyle, Esq.; to which he pleaded

GUILTY . Aged 50.— Transported for Seven Years.

30th January 1843
Reference Numbert18430130-668
VerdictGuilty > pleaded guilty

Related Material

668. MARY BUCKLEY was indicted for stealing, on the 26th of Dec., 4 paintings and frames, the goods of Charles Hastings Doyle, Esq.; to which she pleaded

GUILTY . Aged 47.— Transported for Seven Years.

NEW COURT.—Wednesday, February 1st, 1843.

Fifth Jury, before Mr. Common Sergeant.

30th January 1843
Reference Numbert18430130-669
VerdictGuilty > pleaded guilty

Related Material

669. SARAH SCHOFEILD was indicted for stealing, on the 3rd of Jan., 1 pair of shoes, value 2s. 6d.; the goods of William Stevens: and that she had been before convicted of felony; to which she pleaded

GUILTY . Aged 28.— Transported for Seven Years.

30th January 1843
Reference Numbert18430130-670
VerdictsGuilty > pleaded guilty
SentencesImprisonment; Corporal > whipping

Related Material

670. CHARLES TUTT HARRIS, Jun. was indicted for stealing, on the 30th of Dec., 2 half-crowns, 1 shilling, and 1 sixpence; also, on the 7th of Jan., 1 half-crown, the monies of Charles Tutt Harris, and that he had been before convicted of felony; to all which he pleaded

GUILTY . Aged 15.— Confined One Month and Whipped.

30th January 1843
Reference Numbert18430130-671
VerdictGuilty > unknown

Related Material

671. ISAAC JACOBS was indicted for stealing, on the 23rd of Jan., 60 1/2 yards of cloth, called grand drill, value 2l. 10s.; the goods of Thomas John Graham and others.

WILLIAM HOOTON . I am porter to Thomas John Graham, and two others, Manchester warehousemen, in Goldsmith-street, Cheapside. On the 23rd of Jan., I was delivering some goods at Mr. Reeves's, in Skinner-street, I had eight parcels to deliver—I took part of them into the shop—while I was coming out, I saw the prisoner run to my truck, and take a piece of goods called grand drill—I ran after him, and he threw it away—I took it up—he was taken directly without getting out of my sight.

Cross-examined by MR. PAYNE. Q. How long have you been a porter? A. Nearly twelve months—this is a kind of drill-cloth—I stopped the prisoner about twenty yards from the cart.

WILLIAM EDGAR . I saw the prisoner running down Farringdon-street with this cloth on his shoulder—I took it into Mr. Reeves's.

GUILTY . Aged 26.— Confined Four Months.

30th January 1843
Reference Numbert18430130-672
VerdictGuilty > unknown

Related Material

672. JOHN TOMLINSON was indicted for stealing, on the 10th of Jan., 1 set of harness, value 1l. 5s.; the goods of William Oastler.

WILLIAM OASTLER . I live in White-street, Little Moorfields. In the evening, of the 10th of Jan., I locked my stable door about eight—when I came home at a quarter to nine, I found it broken open, and a policeman standing at the door—I went inside with him, and missed a set of harness and a Macintosh—on the Friday following I went to Smithfield, and found part of the property on the prisoner—he gave his wrong address, and sent us about for two hours, and on Monday he gave a wrong address again.

BENJAMIM SEAWARD (City police-constable, No. 161.) I found this stable door broken open—I afterwards found the prisoner in Smithfield with this part of the harness for sale—he said be bought it of some man, but did not know who it was, and he gave us a wrong address twice.

Prisoner's Defence. I am a general dealer in Smithfield—about a quarter past two that Friday I bought it, and at half-past three the man said it belonged to him.

GUILTY . Aged 21.— Confined Six Months.

30th January 1843
Reference Numbert18430130-673
VerdictGuilty > unknown

Related Material

673. THOMAS SEXTON was indicted for stealing, on the 9th of Jan., one clock, value 6s., the goods of John Hunt.

JOHN HUNT . I live in Farringdon-square, Somers-town. At three o'clock in the afternoon of the 9th of Jan. I had a clock in front of my shop—I missed it—the policeman came with it—I had not sold it or parted with it—the clock produced is mine.

CHARLES GILLHAM (police-serjeant S 21.) About half-past five in the evening I met the prisoner in Seymour-street, in company with another person—the prisoner had the clock—I took him with it—I asked him where he got it—he said a gentleman met him in Wilstead-street, and asked him to carry it to Maiden-court, Golden-square, to Mr. Bateman, a builder—I then found the prosecutor.

GUILTY . * Aged 17.— Confined Six Months.

30th January 1843
Reference Numbert18430130-674
VerdictGuilty > unknown

Related Material

674. WILLIAM JACKSON was indicted for stealing, on the 28th of Jan., 50lbs. weight of cheese, value 1l. 10s., the goods of Richard Carr.

THOMAS WALTER CONSTABLE . I am shopman to Richard Carr, cheese-monger, Fore-street, Cripplegate. I had a cheese safe on the window at half-past seven on Saturday morning last—I received information, and ran round the corner of Whitecross-street, and saw the prisoner with it on his head—this is it—it is my master's.

ELLEN MALOY . I was going down Fore-street; the prisoner was before me—he came as far as the prosecutor's, and took this cheese from the window-ledge, put it on his head, and ran away with it.

Prisoner's Defence. I was never near the door—I had it given me at the corner to carry to East Smithfield.

GUILTY . Aged 24.— Confined Four Months.

30th January 1843
Reference Numbert18430130-675
VerdictGuilty > unknown

Related Material

675. GEORGE BROCKLINGTON was indicted for stealing, on the 21st of Jan., one handkerchief, value 2s., the goods of Edward William Bush, from his person.

EDWARD WILLIAM BUSH . I live in Grove-street, Camden-town. About eight o'clock on Saturday night, the 21st of Jan., I was on Holborn-hill—I missed my handkerchief, which was safe in my pocket about five minutes before—the one produced is mine.

JOHN FREEMAN . I am a baker, living in Theobald's-road, Holborn—About eight o'clock on that Saturday night I was going up Holborn-hill—I saw the prosecutor go up the hill—I saw the prisoner put his hand into his pocket and take the handkerchief—I went and said, "Have you lost any thing?"—he felt and said, "Yes, my handkerchief"—we ran after the prisoner—he had run to Fetter-lane—he came back, and was running across Holborn, when he fell down, and I picked up the handkerchief.

Prisoner's Defence. I was going up Holborn and saw a man drop it—I picked it up, and was going across the road after him with it.

GUILTY . Aged 20.— Confined Three Months.

30th January 1843
Reference Numbert18430130-676
VerdictGuilty > unknown

Related Material

676. JOHN CARTER was indicted for embezzlement.

MR. BODKIN conducted the Prosecution. GEORGE RICH. I am a licensed victualler, living in Margaret-street, Golden-square; the prisoner came to me as bar-man in Dec. On the 5th of Jan. I marked six shillings—I gave them to Mr. Walbank, a neighbour, at ten o'clock at night, and asked him to take them to my house, and buy something—I left the bar, for the purpose of giving Mr. Walbank an opportunity of coming—I left the prisoner alone in the bar—I took all the money from the till, and put in six shillings and sixpence, which I had marked—there was no other money in the till—I had an officer watching in the bar—I soon after looked at the till, and took all the money out, and only found three of the shillings which Mr. Walbank had brought—while I was taking the money out, the prisoner left the bar in a hurry, and went into a parlour just at the back of the bar—there was no one in the parlour—the prisoner had no business there—he was in there a minute—I then called in an officer to search him—he found no marked money on him—I went into the parlour ten minutes after, and I first saw two shillings—I said, "These are not them"—the officer said, "I must search further"—he found four more shillings, and amongst them were two which I had marked, and given to Mr. Walbank—the prisoner was then taken to the station—he said he hoped I should not be hard with him, it was the first time he had taken any thing.

EDWARD WALBANK . I am an undertaker, living near the prosecutor—I

received six marked shillings from him on this day—I went to the bar and purchased something—the prisoner served me—I paid him the six shillings—these are two of them—I find the same mark on them.

ABSOLOM ARNOLD (police-sergeant L 8.) I was called in about ten o'clock, after Mr. Walbank came—I was desired to search the prisoner—I found one half-crown and 9 1/2 d. on him, but no marked money—I went to the parlour—Mr. Rich was there alone—I searched in the ashes of the fire-place, (the fire was alight) I there found two marked shillings, and two not marked—these are the two marked shillings—when at the station, the prisoner said he hoped Mr. Rich would not be hard with him, it was the first time he had taken any thing.

Prisoner's Defence. My business was to wait on the parlour—I went to look after the fire.

GUILTY . Aged 21.— Transported for Seven Years.

30th January 1843
Reference Numbert18430130-677
VerdictGuilty > unknown

Related Material

677. JAMES GLOSTER was indicted for stealing, on the 30th of Jan., 48lbs. weight of lead, value 6s., the goods of William Walker, being fixed to a building.—2nd COUNT, not stating it to be fixed.

MARGARET SMART . I am the wife of Samuel Smart, of New-street, Cloth-fair.

At a quarter past eleven o'clock, on the 30th of January, I was looking out of window—I saw the prisoner getting on a pair of short steps, and loosening the lead from No. 15—he then got a lamplighter's ladder, and took the lead—I am sure he is the man—he never left the place, and was never out of my sight

SUSAN SOPER . I have the care of Mr. Walker's house, No. 15, Cloth-fair—Smart gave me information—I went into the house, and when I came out, they said, "That man has taken the lead and is gone round the street"—I went after the prisoner, and brought him back with the lead on his shoulder—he is the man.

Prisoner. Q. When you saw me with the lead, I believe it was outside a public-house? A. Yes, the lead was not on the pavement, but on your shoulder—you told me Mr. Walker employed you—I said you were telling a falsehood.

WILLIAM WAKER . I am a wine-merchant, living in Farringdon-street—the house is mine—I did not employ the prisoner to take lead from it—I have examined this lead, and it corresponds with what I had there.

Prisoner's Defence. I am a journeyman plumber. I was going through Long-lane, and was stopped by a person respectably dressed; he said, "Are you a plumber?" I said, "I am;" he said, "Come with me, I will give you a job;" he took me to this house, and said, "I want this lead removed from the frontispiece; I want some lighter put on; go and get a pair of steps." I said, "Where?" he said, "Go down the street and get them." I went, and borrowed a pair at a painter's; they were not long enough to reach, and the man went and borrowed a ladder at a public-house. I took the lead down, brought it away on my shoulder, and put it on the outside of the public-house; he told me it was Mr. Walker's premises. I said I had no tools, and he said, "It is very loose, you won't want tools." I had only a plumber's shave.

MARGARET SMART re-examined. I saw no other man.

SUSAN SOPER re-examined. There was no other—the prisoner took the ladder into the public-house, and came out, and took up this piece of lead—I said, "Who authorized you to take the lead from the roof"—he said, "Mr. Walker"—I said he would have let me known if he was going to send any man to work.

GUILTY . Aged 29.— Confined Six Months.

30th January 1843
Reference Numbert18430130-678
VerdictGuilty > unknown

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678. SARAH HARRIS was indicted for stealing, on the 3rd of Jan., at St. James's, Westminster, 300 yards of lace, value 45l.; and 5 pairof gloves, 10s.; the goods of William Edgar and others, in their dwelling-house; and that she had been before convicted of felony.

MR. HUDDLESTON conducted the Prosecution.

ANTHONY BLACKBURN . I am assistant in the shop of Swan and Edgar, of Regent-street. On the 3rd of Jan. the prisoner came in about two o'clock, and asked to look at some black satin—I showed her some—she purchased one yard and a quarter for six shillings—she asked to look at kid gloves, and bought one pair—she then asked to look at some lace—I went to the place where the lace was kept, for one box—I brought the box to the counter—she looked at it, and purchased a yard and a quarter—she asked to look at some other—while I went for the second box I left the other on the counter—I came back—she did not purchase any from that second box—she asked to look at some Valenciennes lace—one box of lace was left on the counter while I went for the Valenciennes lace, and the other was taken away—I had to go about forty yards—I was away a few minutes—when I came back she purchased two yards out of the third box—she paid for what she bought, 31s. 9 1/2 d.—I offered to send the things home, which she declined—she left the shop—I then took the two boxes, and placed them on the counter before Mr. Little.

Cross-examined by MR. PAYNE. Q. How long was she there altogether? A. Not quite an hour—there were a great many other persons serving besides me—there were other persons behind the same counter that I was at, and other persons being served at the same counter as the prisoner—I supposed it was all right when I took the boxes back—I saw nothing to create my suspicion.

THOMAS LITTLE . I am a shopman in the employ of Swan and Edgar. On the 3rd of Jan. Blackburn brought me two boxes of lace—the pieces in them had been counted, and the number marked on the box-lid—I did not mark them—in consequence of having lost lace we made a point of counting the number of pieces of lace, and marked them on the lid—I opened the first box, and counted it—I found eight pieces short, and in the second box three pieces—two pieces in the third box, seven in the fourth, and four in the last box, altogether twenty-four cards from the five boxes—I and Mr. Hope followed the prisoner out of the shop—she went round to the left-hand side of the window, about two yards from the door, and turned round—then Mr. Hope laid hold of her, and brought her into the warehouse—from there I took her into a private-room—I went for a female searcher—I was gone about two minutes—I left the prisoner in the middle of the room, with Hope and the policeman—on my return I found a quantity of lace on the floor—I said to the policeman, "There are twenty-four pieces," which was the number I missed, and there were twenty-four pieces, containing about 300 yards, worth 45l.

Cross-examined. Q. Did you count them before they were presented to the customer? A. No.

ROBERT HOPE . I am one of the partners in the firm of Mr. William Edgar and Mr. Swan. I and Little took the prisoner into a private-room—I requested Little to go for a female searcher—while he was gone I saw the prisoner drop the lace on the carpet—she had a muff, and rested it on the table, she took her right hand out of her muff, and after some motion of her right hand, I saw the pieces of lace fall—Little came, and said there were twenty-four cards—I gave her into custody—she was searched at the station, and four pairs of gloves were found in her muff, and one pair out of a large pocket which she wore—

these are the gloves—I believe them to be ours—we have no private mark on them—Mr. Edgar lives in the house, which is in the parish of St. James's, Westminster.

WILLIAM JOHN GREGG (police-constable C 181.) I took the prisoner, and have the lace and gloves.

JAMES SIMMONS (police-constable C 118.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—she is the person.

GUILTY . Aged 24.— Transported for Fourteen Years.

30th January 1843
Reference Numbert18430130-679
VerdictGuilty > unknown

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679. GEORGE SMITH was indicted for stealing, on the 13th of Jan., 1 cart-seat, value 4s.; and 4 leather straps, 1s.; the goods of James Long.

JAMES LONG . I am a fruiterer, living in King-street, Cloth Fair. On the 13th of Jan. the seat of a cart-chaise was taken out of my cart, between eight and nine o'clock, and put into my shop—I lost it—this is it—(looking at it.)

EDWARD HARDING (City police-constable, No. 274.) Between eight and nine o'clock that evening I met the prisoner with this seat of a chaise-cart, and four leather straps to it.

Prisoner's Defence. I saw it in the gutter, and picked it up, being in distress.

GUILTY . Aged 29.— Confined Three Months.

30th January 1843
Reference Numbert18430130-680
VerdictGuilty > unknown

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680. THOMAS PICKERING was indicted for stealing, on the 7th of Jan., 6 gallons of pegs, value 9s., the goods of John Donnithorne Taylor and others.—2nd COUNT, calling it 6 gallons of spiles.

WILLIAM STANFORD . I am watchman to John Donnithotne Taylor and others. On the 7th of Jan., I saw the prisoner come out of the yard with a bag—I stopped him with it—it contained some gallons of spiles—they are Mr. Taylor's—he said he was going to take them to where he worked—he was quite a stranger.

GEORGE MUNROE . I am foreman to Mr. Taylor. I did not authorize the prisoner to take them.

JAMES BEARD . I did not authorize him to take any—I have no reason to suppose he was authorized by any body.

Prisoner's Defence. I asked the man at the gate for some; he told me to go up the yard, and I could have a few; I was in great distress.

GUILTY . Aged 35.— Confined Three Months.

30th January 1843
Reference Numbert18430130-681
VerdictGuilty > unknown

Related Material

681. HENRY BALL was indicted for stealing, on the 22nd of Oct., 1 pair of boots, value 2s. 6d., the goods of Thomas Matthew Peacock and another.

MR. PAYNE conducted the Prosecution.

THOMAS MATTHEW PEACOCK . I carry on business in Tooley-street, Borough, as a shoemaker, in partnership with my brother, who does not attend to the business there. A lad was in our employ, named Holmes, in December—William Woodgate, my foreman, sells boots if I am not in the shop—the boy had been directed to call down Eggleton, or another person, to sell—the boy was not authorized to sell at all—after we have sold boots and shoes, we punch them, and then cut on them when they are sold, and at what price—these boots are my property—they were made by Murphy, whose name is inside—here is the maker's mark across the bottom, and I know they were not sold by not being punched by my punch—they were in my possession in December—I did not sell them—I do not find on them the mark that is made when things are sold—the prisoner's brother rents a shop next door to mine—there is a

slight partition between them—the two back doors come together—it would be easy for a person to take the things without coming into my shop, by putting his arm round from the back door—I have seen the prisoner come there very often.

WILLIAM WOODGATE . I am the prosecutor's foreman. In December last we had a lad named Holmes in our service—he is left in the shop when I go to my meals—I know these boots to be my master's—they have never been sold by me—I missed them out of the shop in the early part of December—I asked Mr. Peacock if he had sold them—it is our practice to put the mark on them when they are sold—that mark is not on these.

----EGGLETON. I am in Mr. Peacock's employ—I was so in December—I occasionally sell in the absence of the foreman—I never sold these boots.

HERBERT MATON . I occasionally sell—I did not sell these boots.

THOMAS WATKINS (police-sergeant M 18.) I apprehended the prisoner on the 15th of Jan.—I searched his residence—he was there—I found this pair of boots in a box under the bed—I asked whose they were—he said they were his—I found the duplicate of another pair there.

JOHN HOLMES . I am fifteen years old, and am shop-boy to Mr. Peacock. The prisoner was in the habit of coming to my master's shop—he came in December, in the morning part, while the foreman was away—he sent me out for a quartern of gin—he was then left alone in the shop—he always brought a basket—I did not sell any boots for my master in December.

GUILTY . Aged 40.— Confined Nine Months.

30th January 1843
Reference Numbert18430130-682
VerdictGuilty > with recommendation

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682. ANN QUINLEN was indicted for stealing, on the 5th of Jan., 1 shilling, the monies of William Skelton, her master.

WILLIAM SKELTON . I keep the Duke of York public-house in Great Marylebone-street. The prisoner was my servant—I marked five shillings and a sixpence, and put them into the till on the night of the 4th of Jan.—I went to bed, and took the key of the bar with me—at five o'clock next morning the prisoner knocked at my door—I gave her the key—I went down at past six, and found her in the bar, dusting it—I opened the till, and misted a shilling and a sixpence—the till was never locked—I went for an officer—in going to the station she tried to drop the money, and the officer took it from her—I am sure it is part of what I had marked.

JOHN GRIFFITHS (police-constable D 146.) I was taking the prisoner along—I heard a sixpence drop—I caught her hand, and found a shilling in it—I took up the sixpence—she had a purse, and in it was found the shilling the prosecutor had lost the morning before.

Prisoner's Defence. It was my own; I got it at Christmas; I once picked up 3l. 10s., and gave it to the prosecutor.

WILLIAM SKELTON . That is true.

GUILTY. Aged 23.—Recommended to mercy by the Jury and Prosecutor Confined Ten Days.

30th January 1843
Reference Numbert18430130-683
VerdictGuilty > unknown

Related Material

683. WILLIAM PIERCE was indicted for stealing, on the 14th of Jan., 3lbs. weight of worsted, value 9s., the goods of Thomas Hutton, his master; and that he had been before convicted of felony.

MR. BALLANTINE conducted the Prosecution.

CHARLES HUTTON . I am in the employ of my father, Thomas Hutton, a silk and worsted manufacturer, in Newgate-street. The prisoner was in his employ—I received information; in consequence of which, I directed a policeman to station himself in the neighbourhood in plain clothes—on Saturday

evening, the 14th of Jan., while I was there, I saw the prisoner leave the premises—his pockets looked rather bulky—I followed him down Newgate-street, into Huggin-lane—he saw us in Carey-lane, and commenced running-Sickle followed, took him, and found on him 3lbs. of crimson worsted, part in each pocket—it was my father's—he had no right to have any about him-when we took him to Guildhall, he said some Welshman had a spite against him, and he had no doubt he had put it into his pocket.

ANDREW BESSELL . I am the prosecutor's warehouseman—I have charge of one of the worsted rooms in the warehouse—the worsted is arranged on different shelves. On Monday morning I found a bundle of worsted was broken, and some gone—I have compared this worsted, and to the best of my belief it corresponds exactly—the prisoner had no right with it—I do not know where he was working that day.

WILLIAM SICKLE (City police-constable, No. 280.) I was with Hutton, watching the prosecutor's premises—I saw the prisoner come out—his coat pockets were both rather bulky—after I had followed him some time he saw us—he turned, looked round, and directly commenced running—I took him at the corner of Huggin-lane—I found three of these pieces in each pocket—they could not have been in his pocket without his knowing it.

Prisoner's Defence. I did not run; I did not know who was behind me; there is a Welshman there has a great spite against me.

JOHN SOMERFIELD (City police-constable, No. 533.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person.

GUILTY . Aged 18.— Transported for Seven Years.

30th January 1843
Reference Numbert18430130-684
VerdictGuilty > unknown

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684. JAMES DAWSON was indicted for stealing, on the 18th of Jan., 1 cloak, value 30s.; and 1 hat, 5s.; the goods of Richard Joseph Quested, from his person.

RICHARD JOSEPH QUESTED . I am ten years old, and live with Richard Quested, my father. On the 18th of Jan. I was returning home from getting some cat's meat—I touched a little boy on the shoulder who had been calling me names, and told him not to do it again, and a man, who was with the prisoner, said, "What did you do that for? I will blindfold you for that"—the prisoner then unhooked my cloak—I called out, and the prisoner ran away with it—the other man put his hands over my eyes—I am sure they were both together—the prisoner was about a yard from me.

Prisoner. He swears a man blinded his eyes, how can can he tell that I took it? Witness. I saw you with the other who blindfolded me—both the other man's hands were over my eyes, and then I saw this man running away with the other—there was no one else near enough to take it.

DANIEL HURLEY . I heard a cry from the little boy, "He has got my cloak!" on the evening of the 18th of Jan.—I ran to the spot, and saw the prisoner running away, followed by the prosecutor—I followed—I looked, and said, "He has not got it"—the boy said, "No, the other man, on the other side, has got it now"—I left the prisoner, and pursued the other—I came up with him and he had not got it—the prisoner was then running down Montague-street—I pursued him—he ran against an apple-stall, and I collared him, and said he should come to the station—he said, "I have not got the cloak"—he made a desperate attack on me, and kicked me—I gave him to a policeman.

Prisoner's Defence. I never saw the boy's cloak, and was not in company with any man.

GUILTY . Aged 29.— Confined Six Months.

Sixth Jury, before Edward Bullock, Esq.

30th January 1843
Reference Numbert18430130-685
VerdictGuilty > pleaded guilty

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685. HENRY PORTER was indicted for stealing, on the 13th of Jan., 3 saws, value 11s.; 1 plane, 2s. 6d.; 2 screw-drivers, 18d.; 1 gauge, 4s.; 1 gouge, 6d.; 1 chisel, 6d.; the goods of John Handby: 1 apron, value 6d.; the goods of John Jones: 3 planes, value 1l. 4s.; 1 saw, 3s.; 1 oil-stone, 18d.; 1 square, 3s. 6d.; 2 chisels, 1s.; 1 pair of pincers, 18d.; the goods of Mark Norman: 1 jacket, value 6s.; 2 saws, 15s.; 1 plane, 5s.; 1 square, 2s.; 2 screw-drivers, 2s.; and 1 basket, 1s.; the goods of William Terrell Gribble: to which he pleaded

GUILTY . Aged 17.— Confined Three Months.

30th January 1843
Reference Numbert18430130-686
VerdictGuilty > unknown

Related Material

686. EDWARD HILLMAN was indicted for stealing, on the 4th of Jan., 2 chairs, value 2s.; the goods of Edmund Grogan.

SARAH WENT . I am servant to Edmund Grogan. I was present when Harriet Walker gave the prisoner two chairs to mend—he brought them back and I paid him 1s. 8d.—he came to the house again on Wednesday afternoon, the 4th of Jan., between two and three o'clock—he said he had forgotten to put the beading on the chairs—he had the beading in his hand—he said he would take them as far as the mews under the archway, put the beading on, and bring them back in ten minutes—he never brought them back—these are them—they are my master's.

JOHN LUMLEY . I am a broker. The prisoner brought these two chairs to me on the 4th of Jan., and said, "Master, will you buy these two chairs?"—I said I had no objection—I asked if they were his own—he said they were, there was no fear of anything—I gave him 1s. 6d. for the two.

Prisoner. This man did not pay me for them. Witness. I ordered my wife to pay him.

THOMAS STACK (police-constable D 100.) On Saturday night, the 7th of Jan., I was called to the house in Steven-street—I saw the prisoner there—a woman said the prisoner had sold the chairs belonging to the lady—he said nothing.

Prisoner's Defence. I left the chairs with the broker's wife for 1s. 6d.; I had nothing to eat; I left them to get my lodgings, and something to eat.

GUILTY . * Aged 31.— Confined Three Months.

30th January 1843
Reference Numbert18430130-687
VerdictGuilty > unknown

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687. MICHAEL M'LAREN was indicted for stealing, on the 26th of Jan., 31 3/4 yards of woollen-cloth, value 18l., the goods of Michael Longstaff. JOHN CROXTON . I am in the employ of Michael Longstaff, woollendraper, St. Paul's-churchyard. On the morning of the 26th of Jan., I was taking the shutters down, at half-past seven o'clock—when bringing in the second shutter I observed something move behind the counter—I put down the shutter, and at the end of the counter met the prisoner with this cloth under his arm—he had moved it from the back of the counter—there is 31 3/4 yards—I attempted to lay hold of him—he dropped it on the floor, and got into the passage—I am sure he is the person—this is my master's cloth—in my attempt to take the prisoner I snatched his cap off his head, and he ran off without it.

JAMES RACE . I am a policeman. I heard of this robbery—I went to the shop and got this cloth and this cap.

Prisoner. Q. When the cap did not fit me; why did you put it on your knee and stretch it? A. I did no such a thing.

EDWIN BURGESS (City police-constable, No. 529.) I saw the prisoner the following morning, between half-past seven and eight o'clock, in Great Knight Rider-street, with two others—I took him to Mr. Longstaff's, and

the witness swore to him—the prisoner was most violent in his conduct—we were forced to have two cabs to get him to Newgate.

Prisoner's Defence. I was fast asleep when the robbery was committed.

GUILTY . * Aged 28.— Confined Six Months.

30th January 1843
Reference Numbert18430130-688
VerdictGuilty > with recommendation

Related Material

688. CHARLES HENRY DOWNES was indicted for stealing, on the 21st of Jan., 6oz. weight of silk, value 16s.; and 8 bobbins, 2d.; the goods of Thomas Hutton, his master.

MR. BALLANTINE conducted the Prosecution.

CHARLES WELBORNE SLEE . I am in the employ of Mr. Thomas Hutton, a fringe and worsted manufacturer, in Newgate-street. The prisoner was in his employ, occupied in the work-shed in Phœnix-court—on Saturday, the 21st of Jan., I did not see him leave the shed—he was brought back to the house by Sickle—I saw eight bobbins taken from his pocket—they are worth 16s.—he had no right to take articles of this description.

Cross-examined by MR. PAYNE. Q. How do you know they are your master's? A. By the mark—the work-shop opened into Phoenix-court—the shed is about ninety feet long—they spin there—I am not in that department—it is not allowed for the spinners to have bobbins about them to supply the place of empty ones—all the hands were searched as they left the shed—some before the prisoner, and some after.

JAMES HUME . I am assistant to Mr. Hutton. I have seen these bobbins, I believe them to be his—I marked them—this is the mark—they are not all marked, but I have no doubt they are all his—the prisoner had no right to take them from the premises.

Cross-examined. Q. Do you know that there is a practice for spinners to keep a certain number of bobbins about them, to replace those that are empty? A. No, it is never necessary, and never is done—they have a quantity of bobbins given them for work which they have to do—if one comes off, they put another on—they do not keep them about them—they are always kept in trays—I have never known such an instance—I have been in the trade twenty years—it is possible they may put one into their pocket to mend one.

MR. BALLANTINE. Q. If he leaves the premises with eight bobbins in his pocket, can he be going to mend one bobbin? A. He has no right with any.

WILLIAM SICKLE . I am a City police-constable. I had been watching for four or five days, and took the prisoner on Saturday night, and found these eight bobbins on him—he was leaving the premises—he said he was going to bring them back on Monday morning—I searched one person before him, and seven after him.

(The prisoner received a good character.)

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

30th January 1843
Reference Numbert18430130-689
VerdictGuilty > unknown

Related Material

689. ELLEN SEXTON was indicted for stealing, on the 14th of Jan., 1 gown, value 2s. 6d., the goods of Joseph William Clark. WILLIAM SALMON . I am in the service of Joseph William Clark, a pawnbroker, in Long-acre. On the 14th of Jan., a little after ten o'clock at night, I saw the prisoner come into the sale-shop, as I was serving a customer—I saw the prisoner take a gown off a pile of gowns on the end of the counter, and try to conceal it under her shawl—she was going out of the shop—I went through the flap of the counter, and she dropped the gown on the floor—this is it—it has our private mark on it—I gave her into custody. RICHARD LANDRY. I am a policeman. I was called to Mr. Clark's shop

—I received charge of the prisoner—the gown was lying on the counter—she said she went to get a declaration about a handkerchief, but never took the gown.

Prisoner's Defence. I met a few friends, they gave me a drop of drink; I missed the duplicate of a handkerchief, and went to get a declaration of it; I never saw the gown.

GUILTY . Aged 33.— Confined Two Months.

30th January 1843
Reference Numbert18430130-690
VerdictGuilty > unknown

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690. JOHN FENTON was indicted for stealing, on the 7th of Jan., 1 waistcoat, value 2s. 6d.; and 1 handkerchief, value 6d.; the goods of Henry Pew; and that he had been before convicted of felony.

HENRY PEW . I am potman at the Stag in Cumberland-street, Haymarket. I had a jacket on the 7th of Jan., with a white handkerchief in the pocket—it hung behind the kitchen-door—I missed it on the 7th, and I had seen it safe on the evening of the 6th—on the 12th I saw the prisoner in Gower-street with the handkerchief round his neck—I spoke to him about the waistcoat—he said he had not seen it—a policeman came tip, and I gave him in charge—this is my handkerchief that was in my waistcoat pocket.

THOMAS LOVELAND . I know the prisoner. On the Saturday afternoon, after these things were lost, I saw the prisoner in Whittlebury-street, Somers-town—he asked if I could sell the duplicate of a waistcoat for him—I had heard that Pew had lost his waistcoat, and he told me if I saw him I was to try and get it from him—I took the ticket to Pew—the prisoner did not give me any other duplicate—he is my uncle.

ROBERT DIXON . I live with Mr. Blackburn, a pawnbroker, in Somerstown. This waistcoat was pledged on the 7th of Jan., in the afternoon, by the prisoner—I am sure he is the person—this is the duplicate I gave him.

JOHN SEAGER (police-constable T 316.) I took the prisoner on suspicion of stealing a waistcoat and handkerchief—he said, "I meant to have brought it back, but could not raise the money to get it out"—this duplicate the prosecutor brought to me.

HENRY PEW re-examined. This is my waistcoat—Loveland gave me the duplicate.

WILLIAM BARNETT . I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person.

GUILTY . Aged 24.— Confined Six Months.

30th January 1843
Reference Numbert18430130-691
VerdictGuilty > unknown; Guilty > with recommendation; Guilty > unknown
SentenceTransportation; Imprisonment; Imprisonment

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691. MICHAEL M'CARTHY, CHARLES EDWARD LEWIN , and WILLIAM TYRRELL were indicted for stealing, on the 7th of Jan., 1 handkerchief, value 3s. 6d., the goods of James Hunter, from his person; and that M'Carthy had been before convicted of felony.

JAMES HUNTER . I am in the service of Mr. Pritchard, an outfitter, in the Strand. On Saturday evening, the 7th of Jan., about six o'clock, I was walking down the Strand—the policeman came to me—in consequence of what he said, I felt my pocket, and missed my handkerchief, which was safe in my pocket within an hour before—this it it—I know it by the pattern, and there is a mark in one corner, put in by the laundress, which is similar to one I have on another.

Cross-examined by MR. PAYNE. Q. Had you seen this mark before you lost the handkerchief? A. Yes.

JAMES LEWIS ASHMAN (police-constable F 119.) On the evening of the 7th of Jan., between five and six o'clock, I was on duty—I saw the three prisoners and another person with them, walking together in the Strand, towards Temple-bar—I saw the prosecutor—as he passed, they all four turned and followed him—I saw Tyrrell try his pocket twice, but he did not succeed

—they went on further, and then M'Carthy picked the handkerchief from the prosecutor's pocket—Tyrrell and Lewin were covering him—I followed M'Carthy—they all separated, and then the other two prisoners joined M'Carthy—I got the assistance of two other officers, and took them—I told M'Carthy I took him for picking a gentleman's pocket—he said he knew nothing of it—at the station I found the handkerchief in Lewin's right-hand breast pocket.

Cross-examined. Q. Where did you first see them? A. Nearly opposite the bottom of Southampton-street—I was alone, in private clothes—the handkerchief was taken near Buckingham-street, on the left-hand side from Temple-bar—the gentleman was walking quietly on—the prisoners were walking—Tyrrell was close to his pocket when he tried, and the others were behind him—I was on the other side of the way—they followed the prosecutor from near about the Coal Hole—he was going towards Charing-cross—Buckingham-street is beyond the Coal Hole, nearer to Charing-cross.

M'Carthy. Q. Why did you go and ask the gentleman whether he had lost his handkerchief before you took me? A. I wanted to take the whole four if I could, but they separated, and these three came together again.

ROBERT HIBBS (police-constable F 35.) I produce a certificate of M'Carthy's former conviction, which I got at Mr. Clark's office—(read)—I was present—he is the person.

M'CARTHY— GUILTY . Aged 20.— Transported for Ten Years.

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

Confined Three Months.

TYRRELL*— GUILTY . Aged 19.— Confined Six Months.

30th January 1843
Reference Numbert18430130-692
VerdictGuilty > pleaded guilty
SentenceImprisonment; Corporal > whipping

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692. JOHN HOLLOWAY was indicted for stealing, on the 24th of Jan., 3 1/2lbs. weight of mutton, value 1s. 9d., the goods of Frank Sawyer; to which he pleaded

GUILTY .— Confined Seven Days and Whipped.

30th January 1843
Reference Numbert18430130-693
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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693. THOMAS RAGAN and ELIJAH TURTON were indicted for stealing, on the 16th of Jan., 56lbs. weight of lead, value 7s., the goods of Benjamin Freeborn Johnson and others, fixed to a building.—2nd COUNT, not stating it to be fixed.

JOHN ADAMS (police-constable K 124.) I was on duty near the river Lea, on the 16th of Jan.—at a quarter past six o'clock in the evening, I saw Ragan coming along by the river Lea—just before I met him I saw him stoop by a wall, and put something down—I heard it rattle—I went to the spot, felt, and found it was lead—I ran, pursued him into Bow, my brother officer came up, and he was taken—Ragan asked me what I wanted him for—I told him I would tell him when I got him to the station—I went back for the lead; and just before I got to it, I met Turton, with some more lead on his shoulder—I said, "You are just the chap I wanted"—I took the lead from him—I went part of the way to the station with him, then went back and got the lead—after I had taken the lead from Turton down to the station, he ran away from me down a court—I went on the station, and then got the other lead which Ragan had left—there were 56lbs. weight in all—about 40lbs. were found on Turton, and 15lbs. or 16lbs. by the wall—it was quite the same description of lead—I found Turton at the Blue Anchor, Bromley, about a quarter to nine o'clock, I took the lead to the glass factory—the next morning I found some lead missing from the roof of the buildings—I compared it with Johnson, the plumber—he took the end pieces which were left on the roof, and matched

them at the station—I compared them with the lead found on Turton—it matched with some places that had been deprived of lead—the other lead, which I found by the wall, I could not match with that on the roof, because some had been taken away before—it was the same sort of lead, and matched with what Turton had.

SAMUEL BENHAM (police-constable K 49.) On the evening of the 16th of Jan., I heard the cry of "Stop thief," and saw Ragan running—I stopped him—my brother officer came up, and told him he wanted him for stealing some lead—I was present when Turton was apprehended—at the station I said it was a bad job—he said, "What could a fellow do when he was asked by an old friend to help take the lead?"

BENJAMIN FREEBORN OHNSON . I am one of the proprietors of the Union Flint-glass Company—their works are at Bromley—I live at Bow. I know their premises very well—I am a plumber—I went on the roof, and saw a piece of lead taken off—it was compared with some lead produced by the officer, and made the most correct match I ever saw—I have no doubt that it came from that roof.

Ragan's Defence. I work at the Docks. In coming up at night I saw a parcel: I saw it was lead, put it down, and walked away; the man followed, and took me to the station.

Turton's Defence. I was asked by a party to carry this lead; who he was I do not know.

RAGAN*— GUILTY on the second Count. Aged 28.— Confined Nine Months. TURTON— GUILTY . Aged 30.— Confined Six Months.

30th January 1843
Reference Numbert18430130-694
VerdictGuilty > with recommendation
SentenceNo Punishment > sentence respited

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694. LUCY ELLAM was indicted for stealing, on the 29th of Dec., 1 carpet, value 4l. 10s., the goods of Edward John Gairdner.

FRANCIS MERRY . I am in the service of Mr. Crouch, pawnbroker, Grafton-street East. About nine o'clock in the evening, on the 14th of Jan., I saw the prisoner at our shop—she was an occasional customer—she pledged this carpet in the name of Mary Jones—she said it was for another person—this ticket was on the carpet—I kept it.

Cross-examined by MR. PRENDERGAST. Q. She has pledged a great number of things at your house? A. Yes, and which she has redeemed, or paid the interest on—I have never had any thing claimed by any one till now—she gave the name of Simpson at other times—I never heard of her going by the name of Jones—she said she pawned this for a person—after she was taken she said she was to have half-a-crown for pledging it.

WILLIAM JOHN BRIGHTMAN . I am in the service of Edward John Gairdner, who keeps a broker's shop in Tottenham-court-road. This is his carpet—I know it by its having a ticket on in my writing, and by its once being a very large carpet, and it was cut to make it saleable—I saw it safe about half-past seven o'clock, on the 29th of Dec., and missed it about twenty minutes to eight that evening.

Cross-examined. Q. How far is your shop from Grafton-street? A. About 200 yards—I never saw the prisoner before—the carpet was on a table in front of the premises, on the area railings.

JOHN HODSON (police-constable E 132.) The prisoner was given into my custody—she said the carpet was given her to pledge by a man, who gave her half-a-crown.

(The prisoner received a good character.)

GUILTY. Aged 40.—Recommended to mercy by the Jury.— Judgment Respited.

30th January 1843
Reference Numbert18430130-695
VerdictGuilty > unknown

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695. GEORGE BASSINGWHITE was indicted for stealing, on the 10th of Jan., 8 1/2 lbs., weight of beef, value 4s. 3d., the goods of Samuel Kennard.

JOHN SMITH . I am constable of Bow. On the 10th of Jan., I was in High-street, Bow, about a quarter to eight o'clock at night, walking with one of the firemen to the vestry—I heard a noise—I turned, and saw the prisoner behind me—I asked what was the matter with him—he said he had hurt his leg—I asked him to hold his head up, that I might see what it was, and I saw he had something wrapped up in a bag under his arm—I asked what it was—he threw it down, and ran away—I caught him before he got ten yards—the fireman stood by the bag till I came back, and it was given to me—the beef was not in the bag, but folded up, and as I took it, it fell out of it—I picked up both the bag and beef—the prisoner said he knew nothing about it—I asked what made him run away—he said what a d----d fool he should be to stop—he was about four yards from Mr. Kennard's shop.

WILLIAM KENNARD . I am shopman to Samuel Kennard, a butcher, in High-street, Bow. I was called into the shop—I found the officer there, and missed some beef from a board in front of the shop—this is it—it corresponded at that time with the piece I had cut it from.

JOHN WILLIAM MANNING (police-constable K 378.) I saw this piece of beef compared with another piece—it corresponded exactly.

Prisoner's Defence. I carried a box for a person, and in coming back I picked up the beef.

GUILTY . Aged 19.— Confined Three Months.

NEW COURT.—Thursday, February 2nd, 1843.

Sixth Jury, before Mr. Recorder.

30th January 1843
Reference Numbert18430130-696
VerdictNot Guilty > unknown

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696. GEORGE HEWLETT was indicted for stealing, on the 16th of Jan., 4 handkerchiefs, value 2s. 6d., the goods of James William Webster, from his person.

JAMES WILLIAM WEBSTER . I am a commission agent, and live in Fair-street, Stepney. On the evening of the 16th of Jan., I was in Philpott-street, Commercial-road, looking at a man selling hardware—I felt some one behind at my pocket—I turned short round, and saw the prisoner—I missed four handkerchiefs out of my pocket behind, wrapped in part of the "Edinburgh Journal"—I saw the prisoner behind me—he moved away directly—I followed him, and said, "You have got my handkerchiefs"—he said, "I have not"—I said, "You have"—he had his two hands in his pocket in front—he shuffled about, and dropped the handkerchiefs at his feet—I saw him do it, and I picked them up—these are them—when I was giving the prisoner into custody, he said he would enter an action against me for giving him into custody—I am quite sure I saw him drop them.

Cross-examined by MR. PAYNE. Q. Where do you carry on business? A. The last place I was appointed to was Mr. Flynn's, in Thames-street, opposite the Custom-house—I was appointed by him to sell wines and stout—I have no place of business—Mr. Flynn was the last person I had a commission from—it was about five months back—I have since been walking about the street, sometimes with my wife, sometimes with my own brother, and different persons—I know a person of the name of Prior—I have walked about with him—I have so much a week allowed me by my mother, who lives as housekeeper at Mr. Arnold's at London-bridge, and has been so fourteen years, and she has a little property as well—I was a conductor to an omnibus

two years ago—I was in that employ eight years—I left it to better myself—Mr. Davis has tried to get me into the London-docks—I lost the handkerchief on the 16th—I have been obliged to pawn things at different pawnbrokers—my mother gave me these four handkerchiefs—I am twenty-seven years old—Prior lives opposite me—he was an engineer, I believe, on board a boat some, time ago—there were a number of persons about at the time—the prisoner and I were there—there were a number standing round us—the prisoner said, "How dare you insult a gentleman?"—he did not go with me to a policeman—I took him by the arm, and passed over to the other side—we saw no constable there till one came out of a street—he did not make any attempt to get away.

GEORGE BANKS (police-constable K 342.) Between eight and nine o'clock on the 16th of Jan., the prisoner and the prosecutor came up together—the prosecutor had got hold of the prisoner's arm, and gave him into my custody, for stealing four handkerchiefs out of his pocket—the prisoner said directly that he had not stolen them, but they were picked up at his feet—I then took him to the station—the prosecutor gave me these four handkerchiefs—they were wrapped up in a piece of paper, and the paper was muddy.

JAMES WILLIAM WEBSTER re-examined. Q. At the spot where these handkerchiefs were picked up, were there any persons about besides you and the prisoner? A. They came round after—at the time I picked up these handkerchiefs; at the prisoner's feet there were other persons round, but not near us—I was facing him—the place was thronged with people where we were—the prisoner got further into the crowd when I charged him with stealing the handkerchiefs.


30th January 1843
Reference Numbert18430130-697
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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697. RICHARD GILL, JOHN HURLEY , and PATRICK POWELL , were indicted for stealing, on the 11th of Jan., 3 snaps, value 11s. 6d.; and I piercer, 1s.; the goods of James Edward Watts.

JAMES EDWARD WATTS, JUN . I assist my father, James Edward Watts, a pawnbroker, in Hereford-place, Commercial-road. On the 11th of Jan., about half-past twelve o'clock, I was in the shop—I noticed the two younger prisoners, Hurley and Powell, outside the window—(a day or two before this about four inches had been broken out of the corner of one of the windows, and we had put some paper across to cover the aperture)—I saw one of the younger prisoners, I cannot say which, with his hand in the window, taking three gold snaps out, and a silver piercer—he put his hand through the window from outside—I saw the snaps remove—I had them in my view at the time the hand took the snaps, and then the two younger prisoners went away—Gill was standing about a hundred yards from the house—I had not seen him at all before the snaps were taken.

Q. Have you not said before that you saw something taken? and have you not given the names of the prisoners, and assigned to each what he did? A. Only the elder prisoner, Gill—I had not seen Gill at the window that morning, nor on any previous day—the paper was taken off from the outside of the window, and the inside piece of paper was burst.

Q. Have you not before said that you saw one of them (naming him) take something from the window, and that you afterwards discovered that it was the snaps? A. Not to my recollection, my Lord—this is my signature to this deposition—it was read over to me—I do not now know which is the prisoner Powell—I know Gill—he is the elder one—I did not give names to the prisoners before the Magistrate—if anybody has put down that I said I saw Powell take the paper away, and put his hand through the glass, and

take something out, that is not correct—if they state that I said he delivered it to Gill, that is not correct—I did not say he delivered it to him—he went up to him, and came back again—I cannot say which is Hurley—I have not said that Hurley was standing about a hundred yards off—I understood it was Gill—I ran out and took all the three prisoners—I delivered them to the charge of my brother.

Q. Then it is not true that you delivered two to your brother, and ran after the third? A. I delivered two first; I took them when they came back to the window the second time, and then I ran after the taller prisoner Gill—I understand his name is Gill—I was not asked the name only before the Grand Jury—I did not find any thing on either of the prisoners—the property was found in a hole under a gateway, where I found the elder prisoner—he had been standing a hundred yards off, and he ran round a gateway—I do not remember saying I saw something taken—I allowed them to take them out, and they went away to the prisoner Gill, who was standing about a hundred yards from the shop—the two younger prisoners returned again to the window, and one of them had got his hand in the window again—I cannot say which it was—I immediately went out and took the two younger prisoners, who were at the window—I took them into the shop, and left them in care of my brother—I immediately ran after Gill, the elder prisoner—when I over-took him he was concealed behind a gateway, three turnings down the Commercial-road, about a quarter of a mile from the shop—I brought him back to the shop—I then gave the three into custody to the officer—I did not pick up anything behind the gateway—the officer did—this is the property—I did not know either of the prisoners' names—I was not asked their names—they gave their names before the Magistrate, but I did not pay attention to them.

The witness's deposition being read, stated, "I saw the three prisoners, who were outside the window; I saw the prisoners Gill and Powell; I saw Powell cut the paper away with something, and put his band through the glass, and take something out of the window, which he delivered to Gill; I have since ascertained that he took three gold snaps and a silver piercer from the window; Hurley was standing about a hundred yards off; Gill and Powell then came back to the window."

GEORGE BANKS (police-constable K 342.) I went to Mr. Watts, and found Hurley and Powell in the shop—I saw Watts's brother—it was not stated what was lost—they did not know what they had lost—I searched Hurley and Powell, and found nothing on them—Watts then brought Gill in, I found a knife on him—I went to a gateway in Richard-street, where the witness said he found Gill, which is about 300 yards from the shop—I there found these three gold snaps—that was the first intimation I had about them—they said they had lost a silver piercer, but did not mention the snaps.

JOHN NOCK . I live in Richard-street—there is a gateway adjoining my premises—I ordered my daughter to get a light, I searched the gateway, and found this silver piercer in a hole behind the gate, close alongside the gateway—I had seen Gill taken from there.

GILL— GUILTY . Aged 16.— Confined Three Months.



Confined One Month.

30th January 1843
Reference Numbert18430130-698
VerdictGuilty > unknown; Guilty > unknown; Not Guilty > unknown

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698. CAROLINE COSGROVE , ANN LEWIS alias Jones , and ANN DOLPHIN, alias Buckley , were indicted for stealing, on the 11th Jan., 1 bag, value 2d.; 22 sovereigns, 3 half-sovereigns, and 2 sixpences, the property of Thomas Sawyer, from his person.

MR. DOANE conducted the Prosecution.

THOMAS SAWYER . I am master of the schooner Elswick, lying in-the river—on the 11th of Jan., between eight and nine o'clock at night, I was in the neighbourhood of the Mint, near Rosemary-lane—I was quite sober—I had 23l. 10s.—there were four "dragon sovereigns" among them, and 3 half-sovereigns, and two sixpences—they were in a bag in my right tide pocket—I met Cosgrove, and went with her to a room somewhere at the back of Rosemary-lane—I went into a room down stairs, and saw Lewis stirring the fire—I sent her for six pennyworth of gin—she returned with it, and we drank it—I was sitting on a chair—Cosgrove stood against me, and after that sat in a chair—Lewis was standing close to my knees with her hand on my shoulder—Dolphin came into the room, and turned her face towards the window—Lewis then said, "Wait a minute," upon that Cosgrove and Lewis left the room—I rose from my chair, and said to Dolphin, "Where are those two women?"—she said she did not know where they were—I put my hand into my pocket and missed my bag, containing this money—I instantly rushed to the door to look after them, and when I got there I could not see any one—I returned and saw Dolphin in the act of locking the room-door with a padlock—I told her I had been robbed—she said, "Where?"—I said, "In this house"—she tried to persuade me I bad not been robbed, that I was mistaken—I said I was not, I should take care of her—the said, "I was mistaken in the house"—I said, I should take care of her—she said she would wait there if I would go and look, or something of that kind—I found I could do nothing with her—I went to look out for an officer—I found an officer—I told him what had happened, and the amount I had lost—I went with him to Dolphin's house, and found the door padlocked I returned two or three times in the course of the night, and found nobody there.

Cross-examined by MR. PAYNE. Q. You were not always so sure about Dolphin being the person? A. I could not mistake—I saw her face in the passage when she was locking the door—she is like the woman I saw in the room, both in figure and dress—I did not see her face to swear to her—one of the circumstances which induced me to think it was her, is that she bad no stays on—I was quite sober—I had drunk no spirits—I had drunk a share of two or three pints of ale.

Cross-examined by MR. BALLANTINE. Q. What time of the night was it when you met Cosgrove? A. Between seven and eight o'clock—I was with her altogether about a quarter of an hour—I had never seen her before in my life—I met her in King-street, Tower-hill—I bad not much conversation with her, and she took me to Dolphin's house—I was not present at the office when a person named Warren made a statement.

THOMAS LANGHAM (police-constable H 87.) On this night, Wednesday, the 11th, I was on duty in Rosemary-lane, about nine o'clock—the prosecutor told me what had happened—I was in Rosemary-'ane the next morning, about ten o'clock—I then saw Dolphin with a man—the man said in her presence, "I understand you were looking for Mother Buckley, and here she is now"—I said I was—he said, "I understand you will take her to the station?"—I said I would, as I was talking to the person who had lost the money, a little while since, and he told me if I saw Mother Buckley, or either of the othertwo girls, to detain them—Dolphin commonly went by the name of Mother Buckley—he then said, "Never mind, this man was with her, come to the station; we also know where the parties are who had the money"—I gave a description of some girls to Dolphin, and she said it was not her, she had nothing to do with it, that she was sent out for sixpenny-worth of

gin, and during her absence the robbery was committed, mentioning two person's names, one of which was Jones, the other I cannot recollect.

Cross-examined by MR. PAYNE. Q. Who was with you at the time? A. Only the man who was with Dolphin.

PIERCE DRISCOLL (police-constable H 24.) I was on duty in this neighbourhood on this night—I met the prosecutor, who told me of his loss—I knew Mother Buckley, and where she lived—the prosecutor took me to her house, about a quarter or twenty minutes past nine o'clock—I found the door padlocked—I went two or three times, but found nobody there—the next morning I was at the station—I remember Langhan bringing Mother Buckley in custody—she mentioned two names to me, of women who had committed the robbery, and she complained of having walked the street all night for fear of being taken into custody, and told me to go to No. 6, Mason's-court, Great Garden-street—I went in company with another policeman, and found Cosgrove and Lewis there at breakfast—I told them I wanted them for robbing a captain at Mother Buckley's—Cosgrove said she had not been at Mother Buckley's for a month—I found three half-crowns, two sixpences, and 9 1/2 d. in copper in her hand—I afterwards searched her, and found nineteen sove-reigns, and four half-sovereings, in a pocket—when she stood up at the chair it hung between her legs—she said that she had had that money a month, and she could tell me who it belonged to—Lewis said that the money in Cos-grove's hand belonged to her—she said she had never been to Mother Buckley's, and did not know Mother Buckley—as we were taking them to the station, we met a man named Buck, and Cosgrove said to him, "They have got it all"—when the prosecutor mentioned the amount of his loss, he described his sovereigns.

Cross-examined by MR. PAYNE. Q. What was it Mother Buckley said about eleven o'clock in the morning, when she was brought to the station? A. She told me to go to Mason's-court, in Oreat Garden-street, and there I should find Lewis and Cosgrove—she said, "When I went to them this morning they gave me 6d., and said they would break my b----y eye."

Cross-examined by MR. BALLANTINE. Q. Did you search Cosgrove yourself? A. Yes, it is usual for a female to do that, but when there is a pocket there is no occasion—I was obliged to lift up her gown—the pocket was in her petticoat.

CORNELIUS FOAY (police-constable H 98.) I went with Driscoll to Mason's-court—I have heard his account—it is correct—when we got into the room, I heard Cosgrove say, "O, my God!"—I told her she was charged with robbing the captain of 24l., at Mother Buckley's—she said, "Mother Buckley has had some of the Thames-street girls in, and robbed him, and now wants to blame us"—Lewis said she had had nothing at all to do with it, she hud not been out last night, for her gown was wet—I saw Driscoll find this gold in the pocket of Cosgrove's petticoat—she said she could prove whose money it was, and she had had it this last month—this is the money—the prosecutor described his sovereigns to me, that he had four dragon sovereigns.

Cross-examined by MR. PAYNK. Q. Did Buckley say, "I am charged here with robbing the captain, and I have never seen but 6d. of his money?" A. She did.

Cross-examined by MR. BALLANTINE. Q. Did you hear Warren make a statement? A. No, I was not in the inner office—I was told he had made some statement—I was examined after Warren.

THOMAS SAWYER re-examined. There are three dragon sovereigns among this monty, and I had four—there is 2l. 10s. short of what I had—Cosgrove was in my company about a quarter of an hour—Lewis was sent for some gin

—Buckley came into the room after the gin was drunk—that was the first time she came in—she was in the room a minute or two—Cosgrove and Lewis left the room at the time of her entering—my money must have been gone before Buckley came in—I had seen nothing of Buckley before my money was gone—I believe my money was gone before she came in.

Lewis. I am quite innocent; I never saw the man in my life till at the office; he looked at two women before be looked at me, and then he looked at Foay, and said, "I think I have seen this girl's face before." Witness. I have no doubt about Lewis—I am certain she was the second female—I saw her features in the house—there was a light there—she was not away for the gin many minutes—I might have been robbed while she was gone—Cosgrove was close to me at the time—she might have taken it while Lewis went for the gin—I felt my money safe five minutes before I met these girls—my hand was constantly on it.

PIERCE DRISCOLL re-examined. The prosecutor mentioned to, me that he had lost four dragon sovereigns.


LEWIS— GUILTY . Aged 20.

Transported for Ten Years.


30th January 1843
Reference Numbert18430130-699
VerdictGuilty > pleaded guilty

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699. WILLIAM LAW was indicted for stealing, on the 20th of Jan., 44lbs. weight of candles, value 10s.; 12 forks, 12s. 10 knives, 10s.; 100 pieces of candle, 2l.; the goods of John Gladstone, his master; to which he pleaded

GUILTY . Aged 31.— Confined Three Months.

30th January 1843
Reference Numbert18430130-700
VerdictNot Guilty > no evidence

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700. WILLIAM PINCH was indicted for wilful and corrupt perjury. MR. CHARNOCK offered no evidence.


30th January 1843
Reference Numbert18430130-701
VerdictGuilty > unknown

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701. THOMAS MAHER was indicted for stealing, on the 14th Jan., 169 yards of woolen cloth, value 62l. 14s.; 55 yards of kerseymere, 12l.; 121 yards of cotton cloth, called corderoy, 8l.; 10 yards of velveteen, 8l.; 45 yards of plush, 7l.; 28 yards of a certain cloth, called sealette, 4l.; 5 yards of satin, 4l.; 241bs. weight of thread, 3l.; 55 yards of a certain cloth, called beaverteen, 3l. 10s.; 24 yards of waistcoating, 2l. 18s.; 10,000 buttons, 2l. 10s.; 30 pairs of stockings, 2l. 6s.; 38 yards of printed cotton, 2l.; 1 1/2 lb. weight of silk, 1l. 17s.; 3 coats, 1l. 16s.; 53 yards of canvas, 1l. 10s.; 12 handkerchiefs, 1l. 4s. 72 yards of cord, 4s.; 6 yards of cloth, called nankinette, 6s.; 1 set of fireirons, 4s.; 2 shirts, 8s.; 32 yards of cotton cloth, 11s.; 10 yards of mogadore, 1l.; 12 pairs of gloves, 9s.; 6 stocks, 12s.; 2 yards of velvet, 1l.; 2 irons, 1s.; 1 square, 1s. 6d.; 1 bell-pull, 2s.; and 1 tablecloth, 1s.; the goods of Mary Moore.

MR. BODKIN conducted the Prosecution.

MARY MOORE . I am single, and carry on the business of a tailor and draper, at Newark. The prisoner was my journeyman for about a year and a half—he lived near the premises where I carried on my business—I used to pay him for each article he made, according to the usual prices—about two months ago 1 hired a room in his house, to deposit some of my property in—I paid him 1s. a-week—the rent of his house was 2s. 1d. a-week—I put the goods in that room, which I have since seen in London—perhaps 1 had 150l. worth of goods in the room—I fastened it with a padlock outside, and kept the key myself—on Wednesday, the 11th of Jan., I went to the prisoner's house to tell him I wanted him to make a coat—he said he would go, cut it out, and make it, and come to me next morning—he did not come next day

—in consequence of that, I went to his house the next Friday—he was not at home—the door was locked—I thought he was gone to some friends—I went again three times that evening, but always found the door locked—I went again on the Saturday, and found it still locked—on Monday morning a parcel came to my house—it contained the key of his house—I went to his house with the key, and went into it—I went to the room in which my property had been deposited—the door was locked, the same as usual—I unlocked it with my key, and on entering the room I missed all this property stated in this indictment—I have seen the articles mentioned in the indictment, and I identified them as being mine—the prisoner had no authority from me to remove this property, or do any thing with it—he had no business in the room at all—I communicated with my brother, who came off to London.

Cross-examined by MR. CLARKSON. Q. Is your brother here to-day? A. Yes—I still keep a tailor's shop—I am unmarried—I hired this room of the prisoner to put my things in—I had let five rooms in my own house in which I had kept part of my goods—I will swear I moved the goods to his room, on account of my letting these rooms, because I had not room for them—I had a shop, a small sitting room, and three up-stairs rooms of my own at this time—here are seven or eight packages of goods here—they would all go in one room easily enough—I know a person named Battam—he resides at Newark—he did not mark any of these goods—he is an acquaintance of mine—I have known him thirty years—he is seventy years old—I only know one person of that name—my son marked some of these goods—my son has never gone by the name of Battam—he is now on his death-bed—my shop was shut up—I cannot tell the date—these things were moved from my house to the prisoner's occasionally as it suited me—they were not always removed at night—they were sometimes—my business was not in a very successful state, nor in a very unsatisfactory state, but I was afraid it might be—I was in debt—I might owe 200l. or 300l. my son keeps the books—I owed Mr. Bell, the banker 80l. I might owe 300l. to my brother, but I do not know—I do not keep the books—these goods were not removed exactly for the purpose of avoiding an execution for these debts—I was rather afraid of my brother, or of the Bank, at least—I might have told the prisoner that I wished these goods to be put into his house to avoid an execution that I expected from my brother—that was not my only reason—another was that I had let part of my house—the Bank had threatened me with law proceedings—I partially removed the goods to avoid the threatened execution—I have never paid the prisoner with cloth when I owed him anything—I do not know that he told me he did not understand the law, and was afraid of getting into trouble—I will swear he did not—I do not recollect that he ever said so—I did not tell him he need not fear, I would make it all right—I do not believe his wife said so, nor that either of them did—I never knew from him that these goods had been booked at Deacon's warehouse, for London—on Sunday evening, the 15th of Jan., I saw a woman named Sarah Crawley at Newark, between six and seven o'clock, I went to her house to inquire—it was dark—there was a man with me—he had a bunch of keys—I borrowed a candle from Mrs. Crawley—she might have asked me who the man was—I do not recollect that she did—I might have told her he was a particular friend of mine, a Mr. Gibson—he tried the lock of the prisoner's door—we had asked leave first of the landlady—I sent for another man named Revell—we picked the lock, and went in—Revell picked it—I believe Mrs. Crawley paid the man for picking the lock—the prisoner had been very kind to me in opening the shop for me, and I gave him flannel, and several things—I thought I was indebted to him for what he had done—I think I gave him a

coat to come up to London, about three weeks ago—he said he would come and work six weeks in London, till work was brisker, and then he would return—I never told Mrs. Crawley that I had entrusted the prisoner's wife with the key, in order to remove the goods, nor any thing to that effect—the lock was picked, because they had taken the key away—they returned the key in a parcel with a note—I gave the parcel which contained the key to my brother—I employed the prisoner to teach my son the art of cutting—I gave him one waistcoat piece for that—I only gave him one—I paid him what he demanded—I paid him with this waistcoat—he was only an hour or two teaching him—he made no charge at all—I do not believe that my son brought the key of the room on the 27th of Dec. to the prisoner's wife—this is the first word I ever heard about it—the prisoner's wife might have removed some of these things from the room to my house—if she did it, it was by my directions or my son's—if I wanted them either to sell or use, I should have them again—she never got them unless I was with her—I do not know whether I ever went to the prisoner's house of a night to remove goods to my shop for the purpose of sale on the market days—I might fetch some—I will not swear whether I did or did not on the 12th of Jan.—if I did they were my own—I swear I never employed the prisoner and his wife to bring my goods up to London, or to remove one single article.

REUBEN MOORE . I am the brother of Mary Moore; she carries on business as a tailor, in Newark—some time before this, she was in my debt to the amount of 270l. or 280l.—about three weeks or a month ago, I bad an execution out against her—I took her goods which were assigned me by the Sheriff—that was before these goods were taken away—I got what value I could under the execution—I had not interfered by my execution, with these goods that were in the prisoner's house—she made a communication to me about the removal of this property, and in consequence of that, at her particular request, I came to London after the prisoner—I in the first place went to Guildhall, and got the assistance of M'Lean the inspector—I arranged to be at the Castle and Falcon to see who would claim the goods—the prisoner, his wife, and a man who described himself as a porter, who I believe is a relation of theirs, came and took away each of them a package—they contained part of this property—the inspector and I followed them—they took them out of the yard to where the prisoner lodged—we went up stairs, and opened the boxes there, and found goods which I can swear were my sister's—part of them had been bought of me.

Cross-examined. Q. Does your sister owe you anything now? A. There is the claim for the money for which I am bound at the Bank, to the amount of about 60l.—I became bound about two or three months ago—I cannot say whether it was before, or in Nov.—I realized 200l. and odd by my execution—I cannot tell when I levied it—I do not know whether it was before or after 1 became bound to the Bank—I did not know my sister had removed any of her goods, or I should have levied the full execution—a very few shillings or pounds remain of my own debt—I have not got any account or claim that I made on her—I think the Sheriff levied for 210l.—the goods were assigned to me, and are in my warehouse at Newark—she had other creditors—I cannot tell how many—I should think she now owes about 300l.—the goods that are here are worth about 50l.—the whole of the goods the prisoner is charged with stealing are above 100l.—he has pledged a good many here, and part at Nottingham—I gave the bankers a bill for 60l. odd, at twelve months date—I did not know at that time that my sister had been concealing her goods, or I should not have given the bill.

MR. BODKIN. Q. At the time these goods had heen removed had you been pressing against her? A. No.

FRANCIS M'LEAN . I am inspector of the City-police. A complaint was made to me by Reuben Moore—I went with him to the Castle and Falcon, and found packages of goods—the prisoner, a woman, and a man claimed those goods—each of them took one of the packages, and carried them away—I followed them to Fox-court, Aldersgate-street—I there had these packages opened, and found they contained these goods—the prisoner was there at the time—I told him why I interfered, and Moore gave him in charge for stealing his sister's goods—he laughed and said they were his, and he was quite ready to show us—he had the key—we went into an adjoining room, and found some more goods, and on the mantelpiece I found some duplicates—these are them.

Cross-examined. Q. Did you say any thing about finding them, before the Magistrate? A. Yes, they were handed to the Magistrate—I do not recollect the prisoner's saying he was employed by Mrs. Moore to bring the things to London—he said she was endeavouring to conceal them from her creditors, and when it was found out, he was employed to remove them to London—he said he had a great deal more to say.

JOSEPH WOODHOUSE . I am a pawnbroker at Nottingham—some of these goods were pawned at Nottingham, part on the 13th and part on the 14th of Jan., by the prisoner—three of these duplicates refer to them.

Cross-examined. Q. How much did you lend him on them? A. 3l. 14s.—they consist of woollen-cloth and three coats.

(Property produced and sworn to.)


SARAH CRAWLEY . I am the wife of a tailor, living at Newark—I have known the prisoner two years—Mrs. Moore came to my house on Sunday afternoon—I asked if she had got into the house—she said no, she wished to have the lock picked—she had it picked, and asked me to pay the smith for picking it—I did so—she went and came out again to my house—I asked what she missed—she said, "Well"—she did not exactly say what she had—and she said the prisoner had always been very kind to her, and she had given him a great deal of goods for himself—I said, "Why?"—she said, "If you could not pay your journeyman on Saturday night, what should you do?"

(Philip Hooper, tripe-seller, Long-lane, Smithfield; and Mary Ryan, Short's-gardens, Long-acre, gave the prisoner a good character.)

GUILTY . Aged 34.— Transported for Seven Years.

Fifth Jury, before Edward Bullock, Esq.

30th January 1843
Reference Numbert18430130-702
VerdictsGuilty > pleaded guilty

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702. JAMES BRUCE was indicted for stealing, on the 1st of January, 1 coat, value 1l. 10s., and 1 pair of trowsers, value 10s.; the goods of Edmund Baron Lariss, of the empire of Austria: also, on the 15th Nov., 1 butterknife, value 1l.; 1 fork, 10s.; and 1 spoon, 10s.; the goods of Robert Thomas Ripley: also, on the 9th Jan., 1 coat, value 1l. 10s.; the goods of William Cripps Kitchener; to all of which he pleaded

GUILTY . Aged 21.— Transported for Seven Years.

30th January 1843
Reference Numbert18430130-703
VerdictGuilty > pleaded guilty
SentenceImprisonment; Corporal > whipping

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703. GEORGE WEBB was indicted for embezzling, on the 5th of Nov., 4s. 6d. the monies of Benjamin Gardner, his master: to which he pleaded

GUILTY . Aged 12.— Confined Seven Days, and Whipped.

30th January 1843
Reference Numbert18430130-704
VerdictNot Guilty > unknown

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704. RICHARD JONES was indicted for stealing, on the 1st of Jan., 6 half-crowns, 2 shillings, and 1 sixpence; the monies of Thomas Laidley, from his person.

THOMAS LAIDLEY . I live in Castle-street, Leicester-square. On the 1st of Jan., at two o'clock in the morning, I went to call on a friend in Newcastle-street, Strand, and met the prisoner there, who I had seen at my house occasionally—he was in company with another person, whom I knew—we drank together—I then went to a coffee-house, in Newcastle-court, to breakfast—the prisoner followed, and went in with me—it was then a little after five—we breakfasted there together—I had several half-crowns and two or three shillings—I had just changed a sovereign, and had spent some of it—I had been much fatigued, and fell asleep there—the prisoner was the only person who was with me, as the house was just opened—when I awoke he was gone, and I missed all the money I had—about one the same day I gave information to a constable, went with him to the prisoner's lodging, and found him in bed—he said he knew what I came for, he had got my money, and had taken care of it for me—he gave me half-crowns to the amount of 15s.—I said that was not all I lost, and he gave me another half-crown—I then left, and just as I came out I met another constable—I told him that I had been robbed, and he said I must come back with him—I told him I had get part of my money, I had not got all—we then took the prisoner to the station—I had had about 25s. or 26s. altogether, as near as I could calculate my money.

Cross-examined by MR. PRENDERGAST. Q. You changed a sovereign? A. Yes, about an hour before—I changed it to pay for what I had at Mr. Brown's—I had some silver before—I had 25s. or 26s., I cannot say which—I did not say when I received the 17s. 6d., that I believed that was all—I have not been to the prisoner's father and got a sovereign from him—his father sent for me.

Q. Did you go to the prisoner's father's house? A. Decidedly I did, and I got a sovereign from him—I lost all the money I had that night—I was going away in the morning—I left the house, where I had been residing for about two months, at the corner of Old-street, at half-past twelve o'clock that night—I wanted to go by the Hull packet that morning, and was af aid I should oversleep myself—I left the house when the house closed—I had been there from twelve till half-past twelve—I was to go off by the Hull steamer at half-past seven from the Tower-stairs, but I was going to fetch my things, which I left in Albemarle-street—the first place I got to was Newcastle-court, where I called to see Mr. Brown—I went next to a coffee-house in Holy well-street, I think—I stopped there about fifteen or twenty minutes—I then went to Mr. Hudson's, in Drury-Iane—that was the last coffee-house I was at—I do not know whether I received the sovereign from hit father, it was from some of the party—it was not at his father's house or where he lodged—it was at the house of a person named Sheen, who is a relation of the prisoner's father I think—I went because I was sent for—I got from his father 30s. altogether; and if I got the 17s. 6d. from the policeman, that would be 47s. 6d.—I was induced to take that 30s., because I wanted to go into the country.


30th January 1843
Reference Numbert18430130-705
VerdictGuilty > with recommendation; Not Guilty > unknown

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705. WILLIAM LEWIS and CHARLOTTE LEWIS were indicted for stealing, on the 15th of Nov., 1 blanket, value 4s.; 3 sheets, 9s.; 1 tablecloth, 2s.; 2 pillows, 4s.; and 2 pillow-cases, 4s.; the goods of Thomas Douglas.

ELLEN DOUGLAS . I am the wife of Thomas Douglas, a ship-carpenter, in Oxford-street, Stepney. In February, 1840, Charlotte Lewis took a furnished apartment of me—both the prisoners came the same evening, and lived there two years all but a month—I went into the room a few hours after they

were gone, and missed the sheets and other articles—I went, in consequence of information, to Mrs. Avila's, a pawnbroker, where I found the pillows and pillow-cases—I also found the table-cloth—I went last Tuesday to the work-house at Mile-end—I found William Lewis there—I said I supposed he was astonished to see me there—he said he was, and he had no money—I gave him in charge—I found Charlotte Lewis at Wapping workhouse—I gave her in charge—the articles here are mine—here are the initials of my name on the cases and the blanket—after going to the pawnbroker's, I received a letter, which, to the best of my belief, is in the writing of William Lewis.

William Lewis. Q. I believe you have lent me articles to pledge? A. Yes, but I never authorised you to take any article out of the room—you knew I would not allow it.

JAMES BENJAMIN AVILA . I am in the service of Sarah Avila, a pawnbroker. I produce some articles pawned there, in the name of Ann Lewis—this blanket was pawned on the 15th of Nov., 1841, I cannot tell by whom, but I believe Charlotte Lewis pawned these pillows.

DANIEL PRESCOTT (police-constable K 75.) I went to Mile-end work-house with Mrs. Douglas, and took William Lewis—I then went to Wapping workhouse, and took Charlotte.

William Lewis's Defence. Mrs. Douglas went to one of my wife's brothers, and said she would forgive me if the tickets were delivered up, and they were; when she has lent me articles I have redeemed them again.

WILLIAM LEWIS— GUILTY. Aged 60.—Recommended to mercy. Confined Three Months.


30th January 1843
Reference Numbert18430130-706
VerdictsGuilty > unknown; Not Guilty > unknown

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706. JOHN ASHLEY was indicted for stealing, on the 7th of Jan., 1 vice, value 15s., the goods of Thomas Murray; and BENJAMIN BEER , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.

THOMAS MURRAY . I live in High-street, St. Giles, and am an ironmonger, This vice is mine—I lost it on the 7th of Jan.—it had been by the side of another vice in my shop—Ashley used to come to my shop at times with his father—I received information from my servant, Brown, and went to a house in Nottingham-court, Short's-gardens—I found Beer there—I was given to understand by the landlord that it was Ashley's father's premises—Ashley's father was not there, but Beer was in the act of taking away the vice from under the stairs in the cellar—I asked what he was doing with the vice—he said Ashley had sent him to take it away, and to meet him at the corner of Longacre—I gave Beer in charge—I had missed the vice a few minutes before.

Cross-examined by MR. PAYNE. Q. What is the weight of this vice? A. I should say about three quarters of a hundredweight—it is rather heavy—I did not hear Ashley mention at all when the vice was found—I should say a boy like Ashley could carry such a vice as this—I have seen it done—I have seen him come almost every other morning with his father—the vice was found about five minutes' walk from my place.

Cross-examined by MR. HOWORTH. Q. Did you ever see Beer before? A. No—Ashley's father is a stove-maker, which is a branch of smith's work—he never worked for me—he and the boy used to come to my house to buy iron—I did not know where he lived, for he always paid ready money for his iron—I have no doubt that it was at his workshop I found the vice—Beer was in a landing-place between the shop and the other cellar—I believe I and the policeman were there before Beer came—we were searching round for the vice—the boy Ashley had been taken into custody before we went to the cellar—a servant of mine had given him into custody, without my knowledge

—I went to his father's shop to look after the vice—I was there a few minutes before Beer came—I did not see him come in—it is a corner house—he came it at the side door—we did not hide ourselves—after we had searched the front shop, we found Beer taking out the vice, lifting it on his shoulder—the passage was very narrow, and I was before the policeman—he was to meet Ashley at the corner of Cross-lane and Long-acre—neither of us went to see if Ashley was waiting there.

COURT. Q. After you lost this vice you went in a few minutes straight to Nottingham-court, Short's-gardens? A. Yes—I went first by myself, but did not go into the house—I left a female servant at the corner of the house to see that they did not take it away—I then went to the station, and came with a policeman in about ten minutes—it was the second time that I saw Beer—I never saw Ashley there at all—Beer came in I suppose while we were there the second time—it is a very dark place—I do not know whether he was there when we went into the house.

HENRY BROWN . I am in the prosecutor's service. I was in the street on Saturday morning, the 7th of January—I saw Ashley with the vice on his shoulder, about nine or ten o'clock, in Bowl-yard, going towards Belton-street, which leads into Nottingham-court—I know it was my master's vice—I went and told my master.

Cross-examined by MR. PAYNE. Q. When had you seen that vice before? A. That morning, in the shop—I knew Ashley by his coming to the shop, and I knew the vice because I went up and looked at it—I am fourteen years old—I cannot take this vice up and carry it—I do not think he could lift it on his own shoulder—I did not speak to him—I did not know but he had been and bought it.

COURT. Q. Are you sure he was carrying it? A. Yes.

Cross-examined by MR. HOWORTH. Q. Was any one with him? A. No—I never saw Beer to my knowledge—I did not know where Ashley's father lives—his workshop is in Nottingham-court, Short's-gardens, where the vice was found.

EDMUND SWEENEY (police-constable F 130.) I went to Nottingham-court—I found Ashley there, and I took him to the station—I returned with the prosecutor, and found Beer under the staircase—I do not know when he came—we were there a length of time searching the place—there are two or three dark cellars—we, were obliged to get a candle—Beer was standing close to the vice.

Cross-examined by MR. PAYNE. Q. Were you at the police-office? A. Yes—Beer was first examined as a witness, and then turned into a prisoner—Beer made a charge against Ashley's father—I did not go to the top of Cross-lane, Long-acre, to see whether Ashley's father was waiting there—Beer told me he was asked by Ashley's father to take the vice there.

Cross-examined by MR. HOWORTH. Q. Had you examined that part where the vice was before Beer came? A. No—we were nearly ten minutes searching the place—it was full of old iron—the vice was not covered with iron—it was a very narrow place where Beer was—I cannot say whether Beer was in the place when we got there—the place is very large.

Witness for the Defence.

MICHAEL CONNER . I live at No. 5, Great Tothill-street, Seven-dials, Beer lives in that house—on Saturday morning, the 7th of Jan., the day that Beer was taken, I was cleaning my window, between half-past ten and eleven o'clock—a very genteel man came and asked me which bell he should ring for Beer—I told him—Beer shoved the window back and went out with him.

ASHLEY— GUILTY . Aged 16.— Confined Two Months.


30th January 1843
Reference Numbert18430130-707
VerdictNot Guilty > unknown

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707. JOHN ASHLEY and BENJAMIN BEER were again indicted for stealing, on the 6th of Jan., 1 vice, valne 16s., the goods of Thomas Murray.

THOMAS MURRAY . I live in High-street, St. Giles's. I lost a vice on the 6th of Jan.—I missed it about one o'clock in the day—this is it.

Cross-examined by MR. HOWORTH. Q. Is that the statement you have always made, that you missed it about one o'clock? A. Yes—it was on Friday—I saw it safe lying at the foot of the stairs the night before—I went out that morning at half-past eight o'clock—I had not looked round that morning to see whether it was there—I was present at Clerkenwell—I do not know that in the first instance Beer was an evidence—all he said was in the bar as a prisoner—all he said was that Ashley's father knew all about it.

JOHN KAY . I live in Compton-street, Soho. On the morning of the 6th of Jan. I was called into the passage of the house by Ashley—he said he had a vice, could he leave it with me a little while?—I said he might—he went away, and returned in two minutes with the vice on his shoulder—Beer was then with him—they both came into the passage—the vice was left, and they went away together.

Cross-examined. Q.

Did you see Beer do any thing with the vice? A. No; and he did not speak.

ROBERT HILL (police-sergeant F 35.) I produce this vice, which I got at Kay's, which is about 200 yards from the prosecutor's shop.


30th January 1843
Reference Numbert18430130-708
VerdictNot Guilty > unknown

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708. HENRY BRAZIER, WILLIAM BATES, THOMAS BRISTOW , WILLIAM RICHARDS , and CHARLES FOLLEY , were indicted for stealing, on the 26th of Jan., 3 bottles, value 9d.; and 4 pints of wine, 8s.; the good of Susan Jane Meacock.

SUSAN JANE MEACOCK . I am a widow, and keep the White Bear, in King-street, Hammersmith. The prisoners are customers at my house—on the 26th of Jan. they were in my tap-room the greater part of the day—they were there before I came down stairs, before ten o'clock in the morning—Brazier and Bates went away about ten minutes before six—Bristow had gone away about half an hour before them—Richards and Folley were left there, and I heard them quarrelling, as I thought—I went into the room where they were, I knocked my foot against a piece of wood, and had nearly fallen down—I asked what they had been doing—Folley said they had been dancing; and I found the floor was broken to the extent of about half a yard long, and about a foot wide—I looked down the hole, and saw a bottle in the recess where I keep wine, in the cellar under that floor—(there were two holes in the floor, but one of them did not go into the cellar)—a person could not go down the hole, but by putting their hands down they could reach the wine—I called Carter—he went down into the cellar—I went down, and missed three bottles of port wine—I knew they had been there before, because I had taken stock on the Wednesday evening, and this was on the Thursday—when I came back from the cellar Richards was gone—I said to Folley, "Some of you have been at my wine, tell me who it is"—he said, "I know nothing at all about wine"—I had been in the bar, and had not been in the tap-room for an hour or more before I found the hole—the last time I had been in the tap-room I did not perceive any hole in the floor—no one had been in the tap-room but Jeremiah M'Carthy.

Cross-examined by MR. PAYNE. Q. I believe Richards had lived in the house for two years? A. Yes—the prisoners had had eleven pots of beer—I could not call them tipsy—my house is very old, and the floor is a little thin—it was not cut.

HENRY CLAPHAM CARTER . I am a builder, and live at Hammersmith. I was at the White Bear about a quarter past six o'clock in the evening, on the 26th of Jan.—I was called into the tap-room by Mrs. Meacock—there were Richards and Folley in the room—two holes had been broken in the floor—I could reach the wine which was in the recess from one of the holes—I went into the cellar, and found the wine had been disturbed—three bottles had been moved—two of them were gone, and had been emptied and put back, but not in its right place—I had taken an account of the wine the night before, and taken one bottle from that tier; and on Thursday morning, at nine o'clock, there were seven bottles on that tier, and I found only four bottles full of wine and one empty—after the floor is washed they throw sand on it, the sand runs through the cracks, and settles on the top bottles in that recess—the empty bottle that was in the recess I gave to the constable; and the other empty one that he had had got sand on it, the same as the one I gave him—I know the prisoners.

HENRY BEVAN (police-sergeant T 3.) On the night of the 26th of Jan. I received information, and went in pursuit of the prisoners—I found Brazier, Bates, Bristow, and Folley, in the Rising Sun tap-room—I took three of them into custody, but Folley was behind the door, and as soon as he saw me he escaped—I took the other three—I told them it was on suspicion of stealing tome wine at Mrs. Meacock's—they said they knew nothing about it—on the road to the station they all said, "D—n the wine, let us go, and we will make that all right"—I took them to the station, and returned to the Rising Sun—I went into the tap-room, and found a glass, which I now produce, with a small portion of port wine at the bottom of it—I went with another officer, and found in a ditch near the Rising Sun an empty bottle, which contained a small portion of port wine—I went and took Folley at his house—Richards was taken by another officer.

Cross-examined. Q. How far is the Rising Sun from the prosecutor's? A. Not quite half a mile—I never saw the prisoners in possession of this bottle.

JEREMIAH M'CARTHY . I am eleven years old. On the afternoon of the 26th of Jan. I went into the tap-room of the White Bear to sell my lucifers—I saw the five prisoners there, and another man, who sat on the table—I did not sell any matches there, but after the man who sat on the table had gone out, I saw Brazier knock his heel against the floor; he then took a box of lucifers of me, put me over the bench, and put me out—I went and asked Brazier for my box of lucifers, or to pay me for them, and Bates said, "It is time for you to cut," and with that I went out—I was there three or four minutes.

RICHARD PETERS . I am pot-boy at the Rising Sun, in Chapel-street, Hammersmith. At a quarter-past eight o'clock that evening Brazier, Bristow, and Bates, came into the house and called for two pots of beer—they asked me to lend them a glass—after that Brazier began to blacken my face with his hands—this glass produced by the officer is the one I lent them.

JOSEPH JUPP (police-constable T 55.) I assisted in taking Folley and Richards—I examined the prosecutor's cellar, and found an empty bottle on the top of some full ones, nearly opposite the hole in the cellar—I produce that, and another bottle which was found in a ditch near the Rising Sun.


30th January 1843
Reference Numbert18430130-709
VerdictGuilty > unknown
SentenceImprisonment; Corporal > whipping

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709. WILLIAM CASSERY was indicted for stealing, on the 17th of Jan., 3lbs. weight of honey, value 2s. 6d.; and 1 jar, 1d.; the goods of Peter Breden.

JOHN WILLIAM PRATT . I am shopman to Peter Breden, of Southampton-court, Bloomsbury, a grocer. This jar—(looking at it)—has my writing on it—it contains honey, and is my master's—on the 17th of Jan., when I came into the shop in the evening, I missed two pots of honey, which had been standing on a cask within two and three feet of the door.

HENRY FOWLER (police-constable E 111.) On the evening of the 17th of Jan. I saw the prisoner and two other boys—the other two went away—I saw the prisoner go and take this pot of honey from the prosecutor's shop—he came out of the court into Southampton-row—I went and took him with it—he said, "The other boys gave it me," but I had seen him take it.

Prisoner's Defence. I was coming down Southampton-row, and two boys said, "Will you have a pot of honey?" I said, "Yes," and this gentleman came, collared me, and said he saw me take it out of the shop; he took me to two shops before he could find it.

(The prisoner received a good character, and his master engaged to employ him again.)

GUILTY . Aged 15.— Confined Seven Days, and Whipped.

NEW COURT, Friday, Feb. 3rd, 1843.

Fifth Jury, before Edward Bullock, Esq.

30th January 1843
Reference Numbert18430130-710
VerdictGuilty > pleaded guilty

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710. SYDNEY SMITH was indicted for stealing, on the 25th of Jan., 5 hair brushes, value 12s., the goods of Charles Highatt; to which he pleaded

GUILTY . Aged 24.— Confined Six Months.

30th January 1843
Reference Numbert18430130-711
VerdictGuilty > unknown

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711. JAMES THOMPSON was indicted for unlawfully uttering counterfeit it coin, well knowing the same to be counterfeit.

MESSRS. ELLIS AND BODKIN conducted the Prosecution.

SARAH PRIOR . I am servant to Mr. Buckland at Crouchend, Honsey. On the 16th of Nov. the prisoner came to my master's door—he said he was come to pay the footman 6d. that he owed him—he gave me a crown-piece—I gave him 4s. 6d. change, and he went away—I afterwards got the 4s. 6d. from the footman—he did not see the prisoner—I took the five-shilling piece into the footman's pantry, and put it on the shelf—the footman showed it to me the next night, and it was discovered to be bad—I marked it, and gave it back to the footman.

JOHN ATTERBURY . I am footman to Mr. Buckland—the prisoner was 6d. in my debt—I remember Prior telling me a person had called, and she directed me to a crown-piece in my pantry—I took possession of it in about ten minutes, and put it into a drawer where there was other money, but no other crown, I am sure—I locked the drawer and kept the key—I went to the drawer the next day and found the crown-piece in it, and no other crown—I took it down the village to pass it, and it turned out to be bad—I kept it in my possession till I gave it to Sullivan.

JOHN SULLIVAN (police-serjeant N 26.) I produce the crown which I got from Atterbury.

JESSIE HAMMOND . I am the wife of James Hammond. We keep the Hope and Anchor at Hornsey—I know the prisoner by sight—our house is within three-quarters of a mile of Mr. Buckland's—on the 16th of Nov., about a quarter before seven in the evening, the prisoner came to the bar for a pint of porter, for which he gave me a bad five-shilling piece—I gave him a half-crown, two shillings, and fourpence—he drank the porter—I still held the five-shilling piece in my hand while I was talking, and as he was

drinking the last drop of his porter, I thought the five-shilling piece felt greasy—a person came in; I said, "Is this a bad one?"—the prisoner had the door in his hand, and before I had finished speaking he opened it and ran away—I believe he heard what I said—I then put the five-shilling piece to my mouth and bit it—this is it—I have had it in my possession ever since.

Prisoner. Q. Were you the first person that took it? A. Yes; I took it from your hand; no person touched it but me.

CHARLOTTE SELLS . I am the daughter of Thomas Sells—the prisoner had lodged at our house—on the 16th of Nov., about seven in the evening, he came to pay for his lodging—he owed us 3s. for rent, and he laid down a five-shilling piece—I gave him 2s. and his clothes—he went away directly—I took the five-shilling piece up directly he was gone—in about ten minutes a lodger came in, and we showed it him—I showed it to my mother, but she did not take it out of my sight—I gave it to Sullivan the next morning—he told me to mark it—I received the same five-shilling piece back from him—I brought it home and gave it to my mother—I got it again from her on the Saturday night—I am sure it was the one I gave her—I gave it to Wright.

JOHN SULLIVAN . I received a crown from Sells—it was marked in my presence, and I gave it her back.

HANNAH SELLS . I am the mother of Charlotte Sells. On the 16th of Nov., I received a crown-piece from her—I put it into my pocket—there was no other there—the next morning I gave it back to her—I am sure it was the same—it had been in my pocket—I got it from her again the same evening—I put it into my pocket and kept it till next morning, when I gave it to Wright—I had had it in my possession ever since I got it from her.

CHARLES WRIGHT (police-constable N 304.) I got this crown-piece from Charlotte Sells, in the presence of her mother—I apprehended the prisoner, and said to him, "Thompson, I believe you are wanted?"—he said, "I guess what you want, it is all a gooser now," which I believe means to be transported.

MR. JOHN FIELD . I am inspector of coin to the Royal Mint. These three crowns are all counterfeit, and all cast in one mould.

Prisoner's Defence. I went in with another man to the Hope and Anchor, but I was not the person who gave the crown-piece, it was the man that went in with me. Three men have since been apprehended at Hatton-garden, and it was given to the daughter, not to her.

GUILTY . * Aged 21.— Confined Two Years.

30th January 1843
Reference Numbert18430130-712
VerdictGuilty > unknown

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712. MARY ANN SMITH was indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

HENRY PORTINGTON . I am in the employ of Moses and Son, tailors, at Aldgate. On the 4th of Jan., about one o'clock in the day, the prisoner came and asked for a waistcoat which came to 2s.—she went away, and returned in five or ten minutes, and agreed to purchase it for 2s.—she tendered a five-shilling piece—I took it to the desk, and found it was a base one—I then spoke to Mr. Ware, and desired him to detain her—I took it into the counting-house, and showed it to one of my masters—I then went and spoke to the prisoner, she said a person outside gave it to her—an officer was fetched, and she was given into custody—I gave the officer the crown-piece the next day—she was remanded until the Saturday, the 7th, and then discharged.

ROBERT WARE . I am shopman to Moses and Son. I remember the

prisoner bargaining for a waistcoat—I detained her while Portington went to speak to Mr. Moses.

JOHN COLE (City police-constable, No. 649.) On the 4th of Jan., I was sent for to the shop, and took the prisoner—I received from Portington this crown-piece.

BENJAMIN BLAKE WELLS . I am shopman to Mr. Mechi, of Leadenhall-street. On the 13th of Jan., I saw the prisoner, she asked for a 6d. toothbrush—I served her—she gave me a half-crown—I examined and found it was bad—I gave it to Mr. Mechi—the prisoner was then taken into custody—Mr. Mechi had the half-crown in his hand, and gave it to the policeman.

JOHN CROWLEY (City police-constable, No. 617.) I was in Leadenhall-street, on the 13th—I took the prisoner, and received this half-crown from Mr. Mechi.

MR. JOHNFIELD. These are both counterfeit.

GUILTY . Aged 17.— Confined Twelve Months.

30th January 1843
Reference Numbert18430130-713
VerdictGuilty > unknown

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713. HENRY MARTIN was indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

MARGARET ELIZABETH CARTER . I am the daughter of William Carter, who keeps an oil-shop in Warren-street, Fitzroy-square. The prisoner came to our shop about nine o'clock in the evening of Saturday, the 7th of Jan.—he asked for a quarter of an ounce of shag tobacco, which came to 1d.—I served him—he gave me 1s.—I called my mother and gave it her.

MARGARET CARTER . I was in the parlour when the prisoner came—my daughter called me—I looked at the shilling, and found it was bad—I asked the prisoner where he got it from—he said he got it for sweeping a chimney—my husband then came into the shop, and I told him what had happened—he asked the prisoner how many more he had got—he said he had no more—my husband gave him into custody, and the shilling was also given to the officer—he then went to the station—the shilling was then given to the sergeant, and marked in my presence—when my husband came into the shop, and this bad shilling was spoken of, the prisoner produced a good one, and told me to take for the tobacco out of that—my husband said, he would do no such thing—the prisoner said he should make no fuss about it.

WILLIAM CARTER . I came into the shop when this matter occurred—I had the shilling in my possession—I gave it to the policeman—it was afterwards given to the sergeant, and was marked in my presence.

FRANCIS HARDING (police-constable E 88.) I was on duty in the neighbourhood of Warren-street—I saw the prisoner in charge—I got this shilling from Mr. Carter—it was given to the sergeant, and marked by the prosecutor and myself—on the Monday I took the prisoner to the police-court—as we were going there, he said, "You won't lag me this time, old fellow?" (which means transport)—this being the only charge against him he was discharged by the Magistrate, on Thursday, the 12th of Jan., about three o'clock in the afternoon.

SAMUEL SWAN COBHAM . I am an oilman, and live in Bow-lane, Cheapside. At half-past seven o'clock in the evening of the 12th of Jan., the prisoner came to my shop, and asked for half a pound of candles, and put down a bad five-shilling-piece—I said it was a bad one, and took him into custody—he did not say any thing—I gave the crown-piece to the officer.

JOSEPH STEPHEN DUGGETT (City police-constable, No. 484.) I apprehended the prisoner on the 12th of Jan., at Mr. Cobham's, and received this crown-piece from him—I took the prisoner next day to the Mansion-house—

in going along, he said he thought he could tell me something, but be thought he had better hold his tongue, as Mr. Powell would know him

MR. JOHN FIELD . These are both counterfeit.

GUILTY . Aged 21.— Confined Twelve Months.

30th January 1843
Reference Numbert18430130-714
VerdictGuilty > unknown

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714. JOHN HARPER was indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

ELLEN PATIENCE MASON . I am niece of Mr. John Gray, a baker, in Bethnal-green-road. On the 11th of Jan. the prisoner came to the house about eight o'clock in the evening, and asked for 4lbs. of bread, which came to 3 1/4 d.—I served him—he put down a shilling—I found it was bad—I said I would cut it in two—I cut a notch in it—a friend of mine came out of the parlour, and the prisoner ran out of the shop, and left the shilling in my hand—I kept it apart from any other money till next day, and gave it to a constable.

GEORGE TEAKLE (police-sergeant H 8.) On the 12th of Jan. I was on duty in Bethnal-green-road—I saw the prisoner, and stopped him—his left hand was in his left-hand pocket—I took it out, and put my own hand in, and found two counterfeit shillings—as I was looking at them he darted from me, and ran away—I followed him through three streets, but lost him—on the 14th of Jan. I found him at the Five Ink Horns, Bethnal-green—I found on him five good shillings, fourteen keys, a box, and some lucifermatches—I asked what made him run on the Thursday—he made no reply—on the 12th I went to Gray's, and received this shilling from Mason.

MR. JOHN FIELD . These are all counterfeit, and all cast in one mould.

GUILTY . Aged 17.— Confined Six Months.

30th January 1843
Reference Numbert18430130-715
VerdictGuilty > unknown

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715. ADAM ANDREWS was indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

WILLIAM JOHN WORTHINGTON . I keep the One Tan, in Chandos-street, Covent-garden. On Saturday, the 7th of Jan., the prisoner came for a glass of gin, which came to 2d.—I served him—he paid me a half-crown—I put it into the till—there was no other half-crown there—I gave him 2s. 4d. change—the moment he went away, my wife went to the till, and said, "You have taken a bad half-crown"—I then found there was only one half-crown in the till—I thoroughly ascertained it was bad—I showed it to another person—I then threw it into the fire—on Monday the 9th, the prisoner came again, and asked for half-a-pint of beer, and 1d. worth of gin, which came to 2d.—I served him—I remembered him quite well—he paid me a half-crown—I looked more particularly at it, and it was a bad one—I asked how many more he had got—he made no reply—I walked round the counter, and saw he had two in his hand—I took them out of his hand—one was bad, the other good—he made an attempt at the door, but a man was standing there—I nodded to him to keep it closed, which he did—Clarke then came in, and I gave the prisoner into custody, with the two half-crowns.

Prisoner. Q. If you swear I was there on Saturday night, why did you not bring the piece against me? A. You got out of the house before I discovered it.

JOSEPH CLARK (police-constable F 129.) I took the prisoner, and received from Mr. Worthington these two half-crowns.

MR. JOHN FIELD . These are both counterfeit, and both cast in one mould.

GUILTY . Aged 30.— Confined Three Months.

30th January 1843
Reference Numbert18430130-716
VerdictGuilty > unknown

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716. JOHN DALEY was indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

WILLIAM JENNER . I am a chemist, and live in York-street, Covent-garden. On the 28th of Jan. the prisoner came to my shop for a poor man's-plaister—I had not got one—he asked for two ounces of salts—I served him—it came to 1 1/2 d.—he gave a shilling, which I found was bad—I asked where he got it—he said, "Over the way," and wanted it back—I said I did not return bad money—he threw down another shilling—I tried it, and found it bad—I called the policeman, and gave him in charge—he then offered a good sixpence—I gave the two shillings to the policeman.

Prisoner. I asked him to go with me to the public-house where I received them, and he and the policeman would not go. Witness. He did not ask me—he might have asked the policeman—I did not hear him—when he put down the second shilling he said, "This is a good one."

THOMAS DAVIS (police-constable F 107.) I was called to the shop, and received the prisoner and these two shillings—he said he had taken them at a public-house opposite Mr. Jenner's—he asked me to go there—I went, and made inquiries, and no such person had been there—I found a good sixpence, and 8 1/4 d. in copper, on him—I went to the prisoner, and told him I had inquired at the house that he sent me to, and they said he had not been there—he then wanted me to go to the Brown Bear, in Monmouth-street, which is three quarters of a mile from Mr. Jenner's—I am quite clear he told me he took them at the house over the way.

MR. JOHN FIELD . These are both counterfeit, and both cast in one mould.

Prisoner's Defence. I had been drinking, and had two pots of beer; I paid a good half-crown, and got two shillings change; I said I would go, and get a poor-man's plaister for my side, which I had hurt with a stone; I got the salts, and he told me it was a bad shilling; I said, "Perhaps this may be bad too," and gave him another.

GUILTY . Aged 29.— Confined Six Months.

30th January 1843
Reference Numbert18430130-717
VerdictGuilty > unknown

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717. THOMAS FENN was indicted for stealing, on the 24th of Dec., 236 lbs. weight of indigo, value 68l., the goods of Mary Ann Vestey, his mistress.—2nd COUNT, stating them to be the goods of Samuel Levi Bensunan and others.

MESSRS. BODKIN conducted the Prosecution.

THOMAS WILLIAM RUDD . I am foreman to Mrs. Mary Ann Vestey, a van and cart holder—the prisoner was in her employ as carman from four to five months. On the 24th of Dec. directions were given from Bensunan and Co. to remove a chest of indigo—I spoke to the prisoner about it, and gave him the warrant to go and pay the charges—it was his duty to go to Crutched-friars to pay the charges—I sent him that day, about half-past nine o'clock in the morning—our place is a quarter of a mile from Crutched-friars—they are the ware-houses of the East and West India Dock Company—he came back in about half-an-hour, and told me he had paid the charge—he brought me a receipt for the money he bad paid, amounting to about 5s. 6d.—I then gave him a shipping note, this was from half-past ten to eleven—I directed him to go with the note, and convey in his cart this chest of indigo, from this warehouse to the warehouse in St. Katherine's Dock—it was a one-horse van—the way to go from Crutched-friars to St. Katherine's Dock would be up John-street, down the Minories, and across Tower-hill—it would take about twenty minutes—there is a rule, which the prisoner knew, that we should go the most direct road from one place to another—he returned after one o'clock in the day to the

stand in Billiter-street—I questioned him as to the time he had been gone—he said he had had his horse down—I looked and saw both his knees were cut—there is a Mr. Cobley, who assists in managing Mrs. Vestey's business—I heard him and the prisoner in the stable in the evening—I heard the prisoner say, "That chest was all right"—I said if it was he should go with me down to the Docks on Monday morning, to see that it was right—(1 had received instructions before that)—he came home rather later than the other men, and did not receive his wages—he was told it was in consequence of the suspicion that the chest was not right—it was bis duty to come on a Sunday, about eight in the morning, to look to his horses—he did not come at all on Sunday—it was bis duty to come on Monday at six—he did not come on Monday at all—he was taken into custody on Monday—I saw him in the evening—I went on Monday morning with Mrs. Vestey to St. Katherine's Docks, and saw the chest—the bottom part of it was opened, and it contained nothing but coal and rags.

Cross-examined by MR. CLARKSON. Q. Is it the custom for Mrs. Vestey to carry other goods besides bonded goods? A. Yes—we dare not carry bonded and unbonded goods together—bonded goods must go by themselves—the carman generally go the nearest way—we should always expect them to do so.

WILLIAM COBLEY . I assist Mrs. Vestey in her business. On the 24th of Dec. I had information given to me by a gentleman named Hillson—who carries on the same business as Mrs. Vestey—in consequence of that information I asked the prisoner on this Saturday evening whether he had been in Rosemary-lane that day with his van and a chest of indigo—he said he had not, it was false; the chest he had from the Company's warehouse he went down John-street, and right down the Minories to St. Katherine's Docks with—I afterwards told him he would not have his wages that night, I suspected there was something wrong in that chest of indigo by his being in Rosemary-lane, out of his road—he said it was very hard he could not have his wages—I said he could not, there was some suspicion that the chest was not right—I told him to come on Monday, and go down with Mrs. Vestey and Mr. Rudd to see the chest opened, and if it was all right he would be paid—he did not come on Sunday or Monday—on Monday Mr. Rudd and Mrs. Vestey went down to the warehouse.

Cross-examined. Q. Did you say he was to come to Mrs. Vestey's on the Monday? A. No—Mrs. Vestey has eighteen carmen—I do not know whether we had been currying indigo shortly before this time—the prisoner ad been in her service about eighteen months—his horse's knees were cut, and one leg was broken—the cart was not broken at all.

MARY ANN VESTEY . I am a widow—the prisoner was in my employ. On Monday morning, the 26th of Dec, I went to the St. Katherine's Docks—the indigo-chest was opened at the bottom in my presence, and found to contain coals and rubbish.

WILLIAM HARVEY . I am a cooper in St. Katherine's Docks. On Monday morning, the 26th of Dec., I opened the chest of indigo at the bottom, in the presence of Mrs. Vestey.

Cross-examined. Q. What time was it you opened it? A. About half-past nine o'clock in the morning—it was not ten—I should say it was soon after nine—I have opened several indigo-chests after they have come for shipment—I never brought any coals and rags from any other chest.

JAMES GEORGE CLARK . I am a clerk in the indigo-warehouse of the East and West India Dock Company. I remember this warrant—(looking at one)—being brought on the 24th of Dec., by the prisoner, before ten o'clock

in the morning—he came to pay the charges, which were somewhere about 5s. 6d.—this bill of charges is Mr. Brown's making out—it refers to this chest of indigo—I handed it to the prisoner, with another bill, and he would have to go to another officer to pay the charges—here is the receipt for the charges, which indicates that they have been paid to Mr. Campbell—I should then issue a warrant to Mr. Eyre, the foreman of the indigo warehouse—this chest was in bond—I do not know at what time the prisoner left—I do not remember his taking the chest from the warehouse—I remember him.

JAMES AYRE . I am foreman of the indigo-warehouse of the East and West India Dock warehouse in Crutched-friars. This order was brought to me by one of the messengers of the Dock Company, from the office on the 24th of Dec.—I gave directions to a person to hoop and cooper the chest of indigo to which that refers, for delivery—I saw the prisoner at the warehouse that morning, between ten and eleven o'clock—he had his van with him—I asked him what he wanted—he said, "A chest of indigo"—I asked who for—he said, "Bensunan and Co."—I said "How many?"—he said, "One chest"—with the assistance of Barker I put the chest into the van, and saw him drive out of the yard, between half past ten and eleven—in July last it was my duty to attend a gentleman, where this chest was on show—it then contained indigo, and was kept on the ground-floor, in a conspicuous place—the lid was nailed down with three hoops, and the warehouse is kept locked with two keys, one of the Company's, and one of the customer's, and they cannot be opened unless both are present—this cask was in bond.

Cross-examined. Q. This was in a conspicuous part of the warehouse? A. Yes, on the ground-floor, nearly opposite the warehouse-door—I had not seen the indigo since the 15th of July—I do not keep either of the keys—I know the warehouse is open every day, from morning to evening—it is locked in the evening, when the business of the day is at an end, and locked by two officers, who come again in the morning to open it—there are always some persons there—we seldom have less than fifty hands there.

MR. BODKIN. Q. Is there any lodge or place where each person going in and out of the warehouse, is noticed? A. There is a gate and gate-keeper—this quantity of indigo would be a considerable bulk.

JOHN HAREWOOD . I am a labourer in the East and West India Dock warehouse, and live in Cornwall-road. I remember a chest of indigo being moved away the day before Christmas-day—on the 15th of November I had sampled that chest—it then contained entirely indigo—on the 24th of Dec. I received an order to get the chest out, to case it, for the purpose of being removed—I took it out of the delivery-pile, and cased it with gunny-cloth, and hooped it round with three hoops—it appeared to me to be in the same state as when I sampled it on the 15th of Nov.—I had nailed it up directly I sampled it, and on the 24th of Dec. it appeared just as I had left it—on Monday, the 26th of Dec, I was taken down to St. Katherine's Docks ware-house, and was shown the same chest—it was opened at the bottom—my attention was directed to my own packing at the top—I observed that the head had been taken out, and nailed down with a different nail to what I put in it—I observed where the marks of a chisel or jemmy had been inserted between the new wood—the cramp at the head had been moved, and had been nailed down with a different nail to what I had used.

Cross-examined. Q. Did you not observe the cramp on the 24th? A. Yes, and the cut of the chest—when I cased it I observed no difference in the state of the cask on the 24th to what it was on the 15th of Nov.—there were some extra labourers there on the 24th—I had opened the lid to

sample it, with a chisel—I took the lid partly off, and drew the nails—the lid consisted of two pieces of wood, as far as my recollection goes—sometimes the lid is in one piece, and sometimes two pieces—sometimes we split the lid when we sample it, if it is nailed tight—as far as I can recollect, this was nailed in the usual way—I saw the marks of a chisel on the 26th, inside the new wood.

MR. BODKIN. Q. How do you distinguish the marks you detected on the 26th, from those you made on the 15th of Nov.? A. When I sampled it, I took the lid off, and threw it back, and it is here where I observed the difference inserted in this new wood—(looking at it)—that is a part where I did not open it, and here is a nail which I had not put in it—it appeared to me that it had been opened since the 24th—this is the cramp which had been nailed with a different nail.

WILLIAM BARKER . I marked the export mark on the chest on the 24th of Dec.—I lock the warehouse every night, and open it every morning—there are two different locks on it—the Custom-house locker has to open the other lock—I assisted in putting this chest into the van after, it was done up—I saw it afterwards—I know by the mark that it is the same chest.

GEORGE HATFIELD . I am foreman of the export-dock, in St. Katharine's Docks. I was in attendance there on Saturday, the 24th of Dec.—I remember the prisoner coming with a chest, which I supposed to be indigo—it was some time after twelve o'clock, I cannot say how long—I received the chest, and deposited it in the proper warehouse—I attended to the locking of that warehouse on that Saturday night, and I left the chest there as the prisoner delivered it to me—I opened that warehouse on the Monday—it was under my charge till it was opened that morning—I was present when the contents of the chest were first seen.

JAMES HILSON . I am a town-carman, and live in Whitechapel. On Saturday, the 24th of Dec., about one o'clock, I was in Rosemary-lane, which is on the eastern side of the Minories—I know Mrs. Vestey—she is in the same business as I am—I saw a van of hers in Rosemary-lane—I do not know who was driving it—it contained a chest of indigo—it was going towards the Minories, drawn by one horse—there was a carman with it—I am sure it was one of Mrs. Vestey's vans—Rosemary-lane is out of the way from Crutched-friars to St. Katharine's Docks—it struck me as being something remarkable, and I made a communication to Mrs. Vestey, within five minutes.

Cross-examined. Q. How far is Rosemary-lane from the Minories? A. The part I saw the van in is about 300 yards from the Minories—if I were going down the Minories to St. Katherine's Docks I should pass the end of Rosemary-lane—I was going home to my dinner—there is a turning out of Rosemary-lane which leads to St. Katherine Docks, but it is no thoroughfare for carts.

JOHN CASPER GEILS . I am a master carman, and live in Breezers-hill, Ratcliff-highway. I was in Rosemary-lane on the 24th of Dec., about one o'clock—one of Vestey's vans met me—it had one horse—it contained a package something similar to this package which is here—the prisoner was driving it towards Sparrow-corner—that would be coming into the Minories.

JOHN WILLIAMS . I was in St. Katherine's Docks on Saturday, the 24th of Dec., between one and two o'clock—I saw the prisoner back a van in containing a chest.

Cross-examined. Q. What are you? A. A labourer in the docks—I go to dinner at twelve o'clock.

MICHAEL MAYHEW (police-constable H 79.) I took the prisoner at the Lee Hoy, in Mile-end New Town, about a mile from St. Katherine's Docks,

about a quarter to one o'clock, on the 26th of Dec.—I told him it was about a chest of indigo—he said he knew nothing about it.

Cross-examined. Q. How came you to go there? A. I was told by Cobley that he was there.

CHARLES ROBERT ESSEX . I am clerk to Mr. Samuel Levi Bensunan and two others. They were the proprietors of this indigo—it was in the East and West India warehouse in Crutched-friars—this is the warrant relating to it.

MR. BODKIN to MRS. VESTEY. Q. Are you in partnership with anybody? A. No—I was in partnership with Mr. Cobley some years ago, and continued so for several years—I think it was in 1832 we dissolved, but Mr. Cobley did not leave my premises—he has conducted my business ever since—I cannot say that he ever left—we did not agree, and he said we had better dissolve partnership altogether, and so we did, and it was in the "Gazette"—here is one of my cards—Mr. Cobley lives on the premises—it is his own house—at least the lease is in his name—I pay the rent and all the taxes—I do not pay the rent to him—the business is mine.

Prisoner's Defence. As I received the chest from the warehouse so I delivered it at St. Katherine's Docks; I am innocent of what I am charged with.

GUILTY . Aged 24.— Transported for Seven Years.

30th January 1843
Reference Numbert18430130-718
VerdictNot Guilty > unknown

Related Material

718. GEORGE JENNS was indicted for embezzling 7l. 7s. on the 13th of May; on the 9th of July, 16s. 8d.; and on the 26th of July, 1l. 7s.; which he received for and on account of his master, William Weedon.

MESSRS. CLARKSON and DOANE conducted the Prosecution.

WILLIAM WEEDON . I live in Harleyford-place, Kennington. I was formerly in business as a farrier and veterinary surgeon—I have known the prisoner for four or five years—he was in business as a leather japanner when I knew him—he became bankrupt in February 1841, or early in that year—previous to that I had advanced money from time to time to him to the amount of upwards of 500l.—as a security I had a bill of sale from the Sheriff, and a lease of the premises—the prisoner was living at Pentonville prior to his bankruptcy—I had a man in possession—the messenger was withdrawn, and there was no further dispute as to his possession—the prisoner was notable to obtain his certificate, and I lent him 20l. to get it—the business was not carried on for a period of seven or eight months, and I kept the man in possession all the time—in August, 1841, an agreement was entered into between me and the prisoner—this is it—(looking at it)—it has his signature and mine to it—(read) "Memorandum of agreement made this 19th day of Aug., 1841, between William Weedon, of Hertford-place, Kennington, gentleman, on the one part; and George Jenns, of Cumming-street, Pentonville, on the other part, as follows; that is to say, the said William Weedon having arranged to carry on the business of a patent leather japanner, as formerly carried on by the said George Jenns, he, the said George Jenns, doth hereby agree with the said William Weedon to superintend and manage the said business for the said William Weedon, and to employ his time therein, and to use his best endeavours to promote the same, at or for the salary or sum of 4l. a week, to be payable weekly; and the said William Weedon hereby agrees to pay the said weekly sum. And it is lastly agreed that this agreement may be put an end to by either of the parties giving to the other one month's notice in writing. Dated this 19th of August, 1841."—the business was at Hoxton Old-town—Rudge, my son-in-law, was a clerk in this business—I did not know anything of the business—what led to the agreement was, Mr. Jenns said 1 had nothing to do, if I would carry on the business he thought it would be an excellent opportunity for Mr. Rudge to have

a share in, and I proposed to advance 1000l. a piece for them to carry on the business till Jenns got his certificate—I was to carry on the business till Jenns got his certificate, and Rudge was to act as clerk—the 1000l. was for them to have the business between them, if the business answered, for them to enter into partnership.

COURT. Q. Who was to carry on the business? A. Mr. Jenns, as my foreman, at an agreement of 4l. a week—I paid all the expenses, the rent, taxes, insurance, and every thing—my cheques went to my own bankers.

MR. DOANE. Q. Was the business carried on in this manner? A. Yes—I resided at Hertford-place, Kennington, and Jenns moved on to the premises at Hoxton—he was paid the 4l. a week as his salary—he received in cash 2l. a week, 8s. a week he was to pay for the insurance, 8s. a week for the hire of furniture, and 8s. a week for rent and firing—he hired the furniture of me, and was to pay 8s. a week for the use of it—these were the three things specified—the rest was to be left till we came to a balance—he on several occasions borrowed money of me, and that was to be the matter of subsequent settlement—I paid the men that were in possession—there was very little stock in the shop when I commenced, and I bought a quantity of leather, I suppose about 70l. worth, as near as I can tell—there were fixtures there for preparing this patent japanning, and the oven and all—they were included in this bill of sale—Mr. Rudge was to keep the books, and I intended at the commencement that Mr. Rudge should receive money—I found that Mr. Jenns had received money, and I asked him the reason—(that was a little after Christmas, 1841)—I said it was the clerk's place to receive money—he said, "There is a discount in the trade, and deduction in the trade; the prices are not all alike, and Mr. Rudge, not knowing the business, cannot do it; and besides, it would make me look so little in the business if I did not collect the money"—up to that time I had not authorised him to receive money—I did afterwards, but he took the first without my knowing any thing about it—I was contented that he should do so, because of the deductions—he was to account for the money so received to me—in my absence, Mr. Rudge, the clerk, took it, and booked it, and accounted for it—he chiefly did it to Mr. Rudge, as I was very little there—this is a settlement of accounts, in the handwriting of Jenns, and this other paper also—(read.)

"Balance of cash account up to August 24, 1842, between William Weedon and George Jenns.


Cash £136 15 2

Sundries 56 7 9 1/2

Rent, hire of furniture, firing, &c., at 10s. per week 40 0 0

£233 2 11 1/2


Cash £61 0 0

Promissory note on demand 172 2 11 1/2

£233 2 11 1/2

Expenses, including rent, taxes, &c. 390 5 2

Cash received by Mr. Jenns 136 15 2

Do by G. B. Rudge 61 0 0

588 0 4

Profit 334 12 6

Minus £253 7 10

"Memorandum. Gave bill, 126l. 13s. 11d., on demand with interest, 24th August, 1842."

Q. When you found this was the state of the business, what did you say? A. I said, "How is this, that the business loses so much, when you told me it would pay well?"—this was about August, 1842—the reason of this promissory note for 126l. 13s. 11d., being in this account, is, I told Jenns I should not carry on business any longer, in consequence of the loss, and he said he was sure there was some errors in the account, and if the business was carried on he would give me a bill that he would be liable for, as he was certain the business paid and would pay—there is a second bill of exchange, which was given for the difference, Mr. Rudge receiving so much less than Mr. Jenns out of the concern—that bill is 172l. 2s. 11 1/2 d.—Mr. Rudge was to receive 4l. a week also, and Rudge had drawn out, in point of fact, so much less than this amount, and this was to go to the credit side of Rudge if the business had answered, and they had gone into partnership—this other note for 126l. 13s. 11d. is the half of the loss—the account was not settled, and it was drawn as part of the loss, subject to going into the account with Mr. Jenns—he said he was sure the business had paid, and he would give me that bill—these accounts were made between Mr. Jenns and Mr. Rudge; and supposing it turned out that there had been no loss, then that bill was to have been destroyed, and Rudge and Jenns were to go into the original agreement.

COURT. Q. Then this 126l. 13s. 11d. was assumed as half of the loss?

A. Between them two it was—it never was by me—I took the bill.

MR. DOANE. Q. Did you go into the accounts? A. No, I could never get him to go into them—he repeatedly promised me he would do so—I saw him at the Haberdashers' Arms, I think, in the beginning of November, or the latter end of October—he produced this paper, (looking at it,) and said he had received 16l. 3s. 2d. of De Cane and Co.—he deducted 4l. for himself as his salary, and has charged me for solution, and incidental expenses, which amount to 5l. 3s. 2d.—here is his own signature to it—this was on the 12th of last November—I always paid the rent for the premises, and for the goods that supplied the shop with stock—every thing was in my name—I paid for all the things employed in the manufactory.

HENRY JONES . I live in Houndsditch, and am a currier. I had work done at the patent japan manufactory in Hoxton—I paid the prisoner on the 13th of May this bill of 7l. 7s.; on the 9th of July this bill of 16l. 8S., and in Aug., this other bill of 1l. 7s.—they are signed by the prisoner.

GEORGE BICKERTON RUDGE . I am the prosecutor's son-in-law. I became clerk to him in carrying on the japanning business in Hoxton Old Town—I began about Aug. 1841—Jenns conducted the business. I paid him a weekly allowance by Mr. Weedon's order—the first amount, I think, was 3l. a week, then 2l.—the principal amount has been 2l.—it was at one time 3l. in cash—I paid him generally on Saturday nights—I had a salary of 30s. a week till within the last four months, and then I had 1l.—I did not commence having a salary for three or four months—I paid Jenns and myself at the same time—my father-in-law was keeping me and my family—these accounts (looking at them) of 61l. to me, and 136l. 15s. 2d., and the 172l. 2s. 11 1/2 d. that Jenns had drawn more than me, are correct—this is a correct account of what I received, and what I paid to Jenns in cash—I continued to pay him his weekly salary as long as he carried on the factory up to Nov. or Dec. last—I made out the quarterly accounts, the bills, and Mr. Jenns made out the invoices—I made out the bills in the name of "Weedon, late Jenns"—Jenns had nothing to do with making out the quarterly accounts to the customers—I made out the bills up to the end of September—I never made any alteration in them at any time—I did not make out this

account (looking at it) this is made out by Jenns—I did not authorize him to make out this account in his own name.

COURT. Q. What is the date of that? A. July 26, 1842—it is made out to Messrs. Jones and Son—I made out an account to them, and put it on Mr. Jenns's desk—it was not made out to Jenns, but to "Weedon late Jenns"—I cannot say whether it was for the same amount as this is, unless I had the small book—here is the book in which it should be accounted for (looking at it)—he has never accounted to me for this sum of 1l. 7s.—on the 13th of May, he has not accounted for 7l. 7s. from the same customers—we have no such account here on the 9th, of July—he has not accounted for the sum of 16l. 8s.

Cross-examined by MR. BODKIN. Q. Do you remember the execution being put into the prisoner's premises at Hoxton by your father-in-law? A. No; I remember the one at Pentonville; he took possession of his private house there, and I believe obtained a bill of sale from the sheriff—he kept the property perty, and I believe the other creditors got nothing—that was probably a month before the prisoner was made a bankrupt—Mr. Jenns was the person who understood this business, but could not obtain his certificate—I believe there was an understanding that the business should be carried on in Mr. Weedon's name till Mr. Jenns obtained his certificate, but I was not present—it was intended, when he got his certificate, that I should go into partnership with him—I cannot say that it was Jenns's business carried on in the name of Weedon till Jenns got his certificate—the bills that were made out "Weedon late Jenns,"were during the time till he obtained his certificate.

Q. That was before the last quarter; but since that, look at these bills for goods sent in—is not Mr. Jenns charged by all these for articles sent in to the concern? A. Yes, they are so—I think he got his certificate in June or July last year—I presume Mr. Jenns, having been a bankrupt, was a poor man—I cannot answer whether he took from the business, from time to time, such sums as he required for his support and maintenance—my orders were to pay him so much a week, which was principally 2l.—I took 30s. a week—he took out a sum which varied; and there was an overplus of what was paid to him, above what was paid to me, of 172l.

Q. Was that account taken on this footing, that you looked through the books, and saw what had been taken out of the concern by him, and what by you? A. Yes, just so—it appeared that in the course of the year I had received 61l., and he had received 136l. odd—that was the total amount of cash that he had had from time to time—we first charge him with the total cash he had in the year, and next with sundries, 56l. 7s. 9 1/2 d.—these were not articles that had been sent in by Mr. Weedon; for instance, a wash-house was built, and there were ropes, and poles, and fanlights, and other things for the wash-house, for Mr. Jenns's convenience, Mr. Weedon charges him with that, and for the rent, hire of furniture, firing, &c., 40l.—that is all the items on the debtor side—on the other side is put what I took out, 61l.; and 172l. 2s. 11 1/2 d. by promissory note on demand—in settling this account I was actiug as the agent of Mr. Weedon—the account was settled between Mr. Weedon and Mr. Jenns, and Mr. Weedon then received a promissory note for 172l.—the effect of that would not be to put me on equal terms, in point of cash, with the prisoner; but that bill, if paid, would make Mr. Weedon and Mr. Jenns on equal terms—having that balance secured by the bill—we then balanced the account from Aug. 1841 to 1842—the account showed a deficiency of 253l. 7s. 10d.; and Mr. Jenns's acceptance was given for one half that loss, which the concern showed.

Q. After the certificate was obtained by the prisoner, do you remember a

conversation taking place as to one person drawing out more than another?

A. Not after the certificate—it was on the settlement of this account—it was then agreed, that, for the future, neither Mr. Weedon nor Mr. Jenns should draw out more than the same sum each, from the business—that was in consequence of its being found that Mr. Jenns had drawn out so much more than I had, that it would not pay, and it was requested he would take out less—Mr. Jenns took out the 2l. a week, and I had, for some time, 30s., and shortly after 1l.—since that settlement I and Mr. Jenns have been charged the same amount—since the 24th Sept. we have been charged alike in the cash-book—I have only received 1l., but it has been entered in the cash-book 3l. 4s.

Q. Do you remember, in Dec. last, some terms of arrangement being proposed by you on the part of Mr. Jenns to Mr. Weedon? A. Yes, by the request of Mr. Weedon—I do not remember Mr. Weedon saying anything about taking away the books on that occasion—I have heard him say he would take away the books—I have not heard him say he would get in all the monies, take the books, and Mr. Jenns might do as he liked—he had it in contemplation to take the books away—I have not heard him say, he charged Mr. Jenns with felony to frighten him into a settlement—I have heard something of the sort said, in Mr. Weedon's presence, by Mr. Hobler, the attorney for the prosecution—he certainly said, that by putting him into prison he would then come to terms—he did not at the same time tell him that Mr. Jenns was his partner, and there was no pretence for calling this embezzlement—I cannot say that Mr. Weedon said nothing of that sort—Mr. Hobler said, by putting him in gaol he should bring him to some terms—this was at Mr. Hobler's office, a week or ten days previous to the prisoner's being taken up—Mr. Hobler is not my father's regular attorney—he has got half a dozen—there is a Mr. Dixon who advises him—I think Mr. Dixon was nor present at this conversation—I had been present before, when this was the subject of conversation—I certainly have heard Mr. Dixon tell my father-in-law that Mr. Jenns, on his own statement, was a partner.

MR. DOANE. Q. You said there was some sundries, which were for a wash-house for Jenns? A. Yes—what we were to take out was on account of our salaries—I and Jenns were to take out equal portions since September last—that was for salaries, of course—in the first instance I paid Jenns 3l. a week—I think that was for two or three months, and then another sum—he sometimes times drew out 10s., and I had to pay him 10s. less—I had authority to pay him 2l. a week—I never made out any account, either before or subsequent to his obtaining his certificate, in the name of Jenns, but always "Weedon, late Jenns"—if any such account was made out to Jenns, it was not with my knowledge.

JOSEPH CHARLES KING . I am an auctioneer and appraiser—I collect debts—I am acquainted with a person named Turner—in December last I was in possession of an "I O U," and I have it now—I took it one day in Dec. to Mr. Jenns's premises, in Hoxton Old-town, and I had waited on him many times prior to that for the payment of it—this is it (producing it)—it was for a Mrs. Gaunt, who is now Mrs. Turner—I saw the prisoner when I called—I said 1 had waited on him for the sum of 3l. from Mr. Turner, for his wife—he said he was very sorry, he was only a weekly servant, receiving 30s. a week, and it was impossible for him to pay it out of that, but he would pay it when he got his certificate—I am not aware whether it was dated before his bankruptcy.

WEBSTER FLOCKTON . I live at Horsleydown, I am a turpentine manufacturer facturer—I had dealings with Mr. Weedon, at Hoxton Old-town—I saw Mr. Jenns there several times—these papers (looking at them) are written by a person in my office—Mr. Weedon's name is to them—the acknowledgment

of the goods is by George Jenns—these letters are addressed to me, signed by George Jenns—my carman received them from him—my dealings were with Mr. Weedon, up to the present time.

GEORGE BICKERTON RUDGE re-examined. The signature to these letters is Mr. Jenns—(read)—"Gentlemen, please to send, to-morrow morning, two pipes of best linseed-oil; Mr. Weedon will take an early opportunity to call on you and settle. For Mr. Weedon. GEORGE JENNS."—"13 Aug. 1842, Mr. Weedon will thank Mr. Horton to send one pipe of best old lin-seed-oil, for Mr. Weedon George Jenns."

JAMES BRANNAN (police-sergeant G 20.) I took the prisoner into custody tody on the 16th of December—after I had him at the station I took him to his own residence, in Hoxton Old-town—I told him I went there to search for books and papers relating to the business—he said, "You are quite welcome to search, but you can save yourself the trouble; I expected this; I am quite prepared; I removed the books and papers connected with the business some days ago, some miles into the country."

MR. BODKIN to MR. WEEDON. Q. I want to know what the 500l. that was due to you consisted of, was it bill transactions, chiefly discounting bills? A. Yes.


There were three other indictments against the prisoner, on which no evidence was offered.

30th January 1843
Reference Numbert18430130-719
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

719. JEREMIAH MAHONEY, DENNIS MAHONEY, PATRICK M'CARTHY , and CORNELIUS DONOVAN , were indicted for stealing, on the 27th of January, 1 cask, value 1s.; and 300lbs. weight of pitch, 26s.; the goods of the East and West India Dock Company; from a certain quay, adjacent to a port.—2nd COUNT, stating them to be the goods of William Phillips and another.

ROBERT TAYLOR . I am constable of the East and West India Dock Company. On the 27th of January, I saw the prisoners at the Export-gate of the East and West India Dock with a truck—Dennis Mahoney gave me a pass for a quantity of old broken wood and hoops, and empty tins, &c.—I examined the truck, and found, under the wood, a barrel of pitch—I asked Jeremiah Mahoney what it was, he said it was an old empty cask—I sounded it, and said it was not empty—Jeremiah Mahoney said, "No, it has got a little bit of pitch in it"—I found it was full of pitch—I said, "How do you account for this? there is no pass for a barrel of pitch"—he said, "No, I can't read, but it is included in the &c."—I said, "They would never give you a pass without including the pitch"—M'Carthy and Donovan said they knew nothing of the circumstance, but they were employed by the two Mahoneys.

D. Mahoney. When I brought this pass, you asked what this was, I said, "I don't know the contents of it; I have been employed by my brother to assist him to get this wood and rubbish out;" you overhauled this wood, and said, "Alexander's name is to this piece," and I said, I believed it was. Witness. He did not say he had been employed by his brother—I did not tell him to go and bring Alexander to me—Mr. Alexander came up by accident—when the other two said before the Magistrate that they had been employed—he said, "And so was I also"—that was the first time he mentioned it.

WILLIAM ALEXANDER . I am a wharfinger in the East India Dock—Captain Gilmore left this pass with me for taking away the rubbish left on the quay from the William Jardine, which was the captain's property—D. Mahoney came to me for the pass on that morning—I saw the truck loading and

there were some men, but they were too far off for me to distinguish them—there was a cask of pitch on the quay the day before, about ten yards from the stuff of the William Jardine—soon after these men were stopped—I went up—the constables said, "Do you know anything of this cask of pitch?"—it was then in the truck—I suppose it was the one that had been on the wharf, as that was gone.

J. Mahoney. I came to you and said, "Mr. Taylor says there is something thing wrong, and you are wanted to rectify it"—you took it and said, "Tell Taylor there is nothing wrong, but the captain could not enumerate all the particulars; tell him the '&c' will do for all the things." Witness. Yes, you did.

J. Mahoney. Then you came up, and talked to the officer, and denied every thing that you had said; and said you had done a great deal of favour for me to get this pitch barrel, and you expected I would reward you for your trouble.

D. Mahoney. You saw me lending a hand to load the truck, and you called me to the door of your box, and handed me this pass—I said, "Is this pass right?" and you said, "Take this to the gate, and give it to the officer, and it will do for the ship, if that is all."—Witness. Yes, I did—I said, "That will pass the ship;" and when I came to the gate Taylor had it.

JOHN GILMORE . I am owner of the William Jardine. I had employed J. Mahoney to stow the ship—she had left some rubbish—J. Mahoney came and asked me for the rubbish—I told him I should be going to the dock to find some things that were of no use—I selected what he was to have, and put the remainder in charge of the officer—I observed a barrel of pitch at a distance, and asked J. Mahoney if it belonged to the ship—he said, "No, it belongs to the Scotia"—I wrote a pass, and left it with the wharfinger—I am not able to say if the barrel is the one I saw before.

ROBERT TAYLOR re-examined. The cask was full—I could touch it with my finger—there was 280lbs. of pitch, allowing 2qrs. 23lbs. for the cask—it was claimed by Messrs. Phillips and Tiplady.

THEOPHILUS WESTHORPE . I met with Capt. Gilmore at hit office, and he told me a person he had employed had taken a cask of pitch of the Scotia—the ship had been in my charge, and I directed it to be put on shore, that the ship might be cleared, and I saw it on shore—it was a part of the Scotia's stores, and belongs to William Phillips and William Tiplady.

J. MAHONEY— GUILTY . Aged 50.— Confined One Month.


Sixth Jury, before Mr. Common Sergeant.

30th January 1843
Reference Numbert18430130-720
VerdictGuilty > unknown; Guilty > unknown

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720. JOHN READ and JOSEPH LUTMAN were indicted for stealing, on the 5th of Jan., 2 sacks, value 3s.; 4 bushels of beans, 15s.; and 4 bushels of split beans, 15s.; the goods of John Austin, the master of Read. 2nd COUNT, stating them to be the goods of Joseph Trumper, the younger.

MESSRS. CLARKSON and WILDE conducted the Prosecution.

JOHN AUSTIN . I take in corn to grind, and live at Cowley Mill, Hillingdon, near Uxbridge. On the 5th of Jan., I gave Otway directions to watch—I know Lutman—he had not any beans at my mill on the 31st of Dec.—I took stock that day in the usual way, and there were none there—Trumper is a customer of mine—on the 30th of Dec. he sent five quarters of beans there, in ten sacks, which were principally, if not all marked, "Saunders, Kew-bridge"—Read helped to unload them—I asked him whose they were, and he said Mr. Trumper's—I afterwards saw some beans in custody of Otway—as far I could judge, the whole beans were the same as Mr. Trumper

sent, the split beans I will not swear to—the sack had the same marks on them, "John Saunders, Kew-bridge."

Cross-examined by MR. DOANE. Q. Did you see these sacks of Mr. Trumper's come? A. Yes, ten came that time, but some more came after—I cannot tell all the names on Trumper's sacks—they were principally marked "Saunders, Kew-bridge"—Read was what we call "stoneman," and he was to lend a hand to load or unload them—he had been in my service twenty-one years—it was market-day at Uxbridge, on Thursday—it was my custom to go there, leaving home about twelve o'clock, and returning about three.

CHARLES OTWAY . I am an inspector of police, stationed in the neighbourhood of Hillingdon. On Thursday, the 5th of Jan., I went to Mr. Austin's mill with a sergeant and a constable—I got there about twelve o'clock—Mr. Austin had then gone to market—I waited till half-past one—I then saw a horse and cart driven by Lutman come down the Green-lane, into the Green-man-road, leading to Mr. Austin's mill—I saw him go to the mill with his horse and cart—he got out of the cart, and went to the mill-door—I could not see from where I was placed, whether he went in or not—in a few minutes he came out, and took his horse round to the window, at the end where they deliver goods—after a few seconds the aft-door was opened, and a miller came to the door—Lutman was in the cart, and received a sack full of something, placed it at the bottom of his cart, and then received a second sack full of something—he then took an empty sack, laid it upon the top of these sacks, and drove off, not in the same direction that he came, but still that was through Cowley, the main-road, to his home—he had not come the main-road—directly I saw him drive away from the mill, I ran after him, and overtook him—I laid hold of his cart, and said, "Lutman, what have you in your cart?"—he said, "Beans"—I said, "What quantity?"—he said, "Two sacks, one of split beans, and one of whole beans"—I said, "You have just got them from the mill, have you not?"—he said, "No, I received the sack of split beans at the mill, but the sack of whole beans I brought with me in the cart"—I got on the cart, and took him—I told him he need not say any thing to me, I should have to mention it again—we rode some distance, and before we got to the station he said, "I don't mean to say that I took the beans to-day to the mill; I took the two sacks there some days ago to be split, and to-day, finding they had not split both sacks, I brought them away"—on opening them at the station, I found one sack of whole beans, marked "John Saunders," and the other of split beans, marked "Bourn, Brentford"—this is a sample of split beans from Mr. Austin's mill—here are the split beans and the whole beans I found in Lutman's cart, and there were a few small black beans at the mill, but none of these sort.

Cross-examined by MR. BODKIN. Q. Was there another wagon at the mill at the time? A. No, there was a horse and cart there, and a man with it—I also saw Mr. Biggs there—he is a relation of Mr. Austin—Lutman's cart was at the place where goods are always delivered from the mill—the door opens, and lets the goods out—there are several floors to the mill, and there is a mode up stairs to let goods down from the upper floors to where these were loaded.

HENRY BIGGS . I am a farmer, and live at Beaconsfield. I was watching at Mr. Austin's on the 5th of Jan.—I was in his counting-house from eleven till half-past one—I saw Lutman drive a cart to the mill-door—he came into the mill a short time, then went out, and drove to a loading-window, where they are in the habit of receiving corn from the mill, and there I saw Read deliver two sacks to Lutman, and he drove away—Otway stopped him when he got two or three hundred yards—I afterwards saw Lutman with Otway—I

did not hear Lutman say any thing—I heard Read say he had delivered one sack of split beans to Lutman.

Cross-examined by MR. BODKIN. Q. Where is this counting-house? A. It adjoins the mill, and the window of the counting-house is about three yards from the mill-door—I was at the window, when I saw him walk into the mill—I then ascertained what it was—I came out to see whether he drove to the loading-window—I was looking out down to the time he went to the mill—there is no door goes into the counting-house out of the open air—I came into the passage then—I can get into the counting-house without going into the mill, and go from the counting-house to the mill without going out of doors—I was not out on the bridge during some part of the time—I was about ten yards from the bridge under the pretence of shooting pigeons—I did not shoot any thing—Lutman certainly could not see me.

Cross-examined by MR. DOANE. Q. What was your father? A. A miller.

RICHARD ROADNIGHT (police-sergeant S 11.) I was in company with Otway at the mill—I saw Lutman going in—when he came up first, he got out of his cart, went into the mill, came out, got into his cart again, and then put the cart under where they load the corn—I then saw the miller put out a sack full of something, then a second sack, and then Lutman drove off to Cowley, in a different direction to what he came—I afterwards went into the mill, and there found Read—I asked what he had loaded into Lutman's cart—he said, "A sack of split beans"—I said, "What else?"—he said, "Nothing"—I said, "Are they booked?"—he said, "I don't know"—I said, "You must go with me to the station"—he turned, and went through the mill—I followed, and took him into custody—he afterwards said he was innocent, and acted under Smith, the foreman's directions; that he told him to load a sack of split beans if he came for them, but he was no scholar.

HENRY SMITH . I was servant at Mr. Austin's mill—there is no foreman there named Smith—I was employed there on the 5th of Jan.—I did not give directions to Read to put any split beans into Lutman's cart.

Cross-examined by MR. BODKIN. Q. Are you still in Mr. Austin's service? A. No, I left last Saturday three weeks—I was examined before the Magistrate, and bound over as a witness—if things were brought to the mill to be ground, and I was present, it would be my duty to book them; but if I am absent, and men take them in, it is their duty to tell me of it—I was not in the mill at the time this happened, I was gone to dinner—all the men were gone to dinner, but Read and two boys—the man that takes the goods delivers them to the customer, and he pays the money on Saturday night—there have been complaints of things not being entered, till such time as persons have come after them, during my absence—Read's business was to attend to the stones of the mill—he generally delivered as much corn as other persons—a sack of beans have been found in the mill, but who they belonged to I do not know—they were whole beans, similar to these—the name of "Saunders" was on the sack—that was after Mr. Trumper's beans had been sent away—people do not always have their own sacks, out of a lot of a dozen, things get put into other sacks—I never received any money from Read—I have been called into the counting-house on Saturday night, when Read has been there paying for grist, and he has perhaps had more money than he could tell who he received it from.

MR. CLARKSON. Q. How soon after this robbery were you discharged? A. On the Saturday night after—I had not been told before this Thursday that I was to be discharged—I asked Mr. Austin what I was discharged for, but he has not told me yet—I have not seen either of the prisoners or their friends since I have been discharged, nor have I written

to them—I saw Read's brother walking in the street to-day but I did not talk to him.

COURT. Q. Did you ever give Read directions to put beans not split in Lutman's cart? A. No; I did not know or expect he was coming.

WILLIAM TRUMPER . On the 30th of Dec. I had five quarters of beans at Mr. Austin's mill, for the purpose of being split—I sent five quarters more for splitting on the 3rd of Jan.—On the 4th I received twelve sacks, but the quantity is indefinite—when they are split it increases the bulk materially—these split beans that are here I can say nothing about, but these whole beans I can swear to them—I weighed the beans, and allowing 80lbs. for the loss of splitting, there was a deficiency of upwards of 500lbs. in the ten quarters—two sacks of split beans will weigh 474lbs.—I will swear to those beans that were taken from Lutman's cart.

(Read received a good character.)

READ— GUILTY . Aged 45.


Confined Nine Months.

30th January 1843
Reference Numbert18430130-721
VerdictNot Guilty > unknown

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721. THOMAS WELLS was indicted for stealing, on the 8th of Dec., six stoves, value 8.; 2 dressers, 8l., 1 range, 4l.; 20 wooden shelves, 1l. 10s.; 10 pieces of mahogany, 1l. 10s.; 1 closet, 15s.; 2 safes, 15s.; and 5 pieces, 10s., the goods of Richard Young, and fixed to a certain building; and 1 glazed shop-front, value 5l.; 10 blind-rollers, 20s.; 10 lathes, 10s.; 1 wooden partition, 3l.; 2 wooden posts, 10s.; 2 chimney-boards, 5s.; 1 stall-board, 5s.; 1 shutter, 5s.; 10Ibs. weight of iron, 26s.; 1 stool, 2s.; 1 ladder, 2s.; 1 door, 1s., and 2 iron bars, 3s. 6d.; the goods of the said Richard Young.

MR. WILDE conducted the Prosecution.

RICHARD YOUNG . I am not in business. I live at No. 3, Wells-row—I have an empty house belonging to me in Somers-place, New-road—there were fixtures consisting of stoves and other things, to the value of 40l.—I saw them safe on the 25th of Nov., when I gave the key of the house to the prisoner—on the 20th of Dec. I went there, and the fixtures were gone—I had not entered into any arrangement with the prisoner about letting the house—the agreement I entered into with him was, that he would deliver up the key to Mr. Gurney, my landlord, when he received orders from me—I saw part of my fixtures on the prisoner's premises on the morning of the 20th of Dec.—they were the six stoves and the other articles stated in this indictment—the prisoner was not there then, and I left the premises—I went there a second time with a policeman—I saw the fixtures—the prisoner came and told me to walk in a little room, and he would arrange matters—I refused, and gave him in charge.

Cross-examined by MR. BODKIN. Q. You are of no trade? A. No, nor have I been for two years—I have been a grocer—I have a small income, sufficient to keep me in this country—I went to France—I had this house of Mr. Gurney at 74l. a year—it had not fallen in value, it had rather risen—I wished to get rid of the lease—in the spring I should have been obliged to part with it, being about to leave England—I tried to make arrangements with Mr. Gurney to take the lease off my hands—I could not arrange it—I then went to Jersey, and from there to France—I did not expect when I went that Mr. Gurney would issue a writ against me—I only owed him a quarter's rent, which was 18l. 10s.—I went to Jersey for pleasure—I did not pay Mr. Gurney before I went—had he made the demand I should have paid him—it had only been due about six weeks—it was payable quarterly—I did not apply to the prisoner to take charge of the house and make terms with Mr.

Gurney for me, the application came from the prisoner himself—he was a house-agent—I do not know whether he carries on business now—I do not know a person named Page—I did not know a person named Dowelswell till he was called as a witness—I have seen him, but I could not swear to him—(looking at Page)—I never saw him in my life till I was subpœnaed, and then wherever I went he has been following me—(looking at Mr. Dowdswell)—that is the gentleman that used to be working in the shop—I never saw Mr. Latimer or Mr. Stedall before (looking at them) to my recollection.

Q. When you were going out of England, and had failed in making Mr. Gurney take your lease off your hands, did you not give the key to the prisoner, and, in presence of these men, give him leave to make any arrangement to take the lease off your hands? A. No; there was no one present when I gave him the key—I never gave him authority to go to Mr. Gurney, or to take any steps; he was only to hold the key till he heard from me—he was to receive a sovereign for his trouble in delivering up that key—I had a brother living in Islington.

Q. Tell us why you should give a sovereign to a broker and house-agent to deliver up this key, when you had a brother who would have done it for nothing? A. Because Mr. Gurney would not accept of the lease, because he thought my brother and my father-in-law were responsible—he thought my brother was a partner with me, and he would not let me off the lease—my intention was to give the key to a neighbour—the prisoner said, "Why not give it to me, and let me earn a sovereign as well as any other person?"—I do not think my brother or my father-in-law, Mr. Becket, would have taken any trouble for nothing—the prisoner carries on business at Ratcliffe-terrace—he keeps a shop with folding-doors—I never was there but twice; once he left me at his door, and once he asked me into the parlour—when I went and saw my goods the doors were open—it is a large shop, but many people have large shops with little in them—about 10l. would have bought all that was in the shop, except my fixtures—when I went the first time I think I saw Mr. Dowdswell—I went a second time, and gave the prisoner in charge—I never went a third time till after the examination—I took him to Worship-street—the Magistrate called on him to find bail, and he has surrendered.

WILLIAM KNIGHT ( police-constable G 191.) Mr. Young gave the prisoner into my custody, at his own house, on the 21st of Dec.—in going along the prisoner owned to me that it was a bad job, he said he knew he had done wrong, he knew he bad committed felony.

Cross-examined by MR. CHARNOCK. Q. How many times did he say he had committed felony? A. More than once, twice, or thrice—he said it four times.

COURT. Q. Did he say he had committed felony against Mr. Gurney? A. He did not say who he had committed it against.

Witnesses for the Defence.

EDWARD GRANGER . I am a master bricklayer. I was employed by the prisoner in Dec. to remove some fixtures from a house in Somers-place—I removed them about one o'clock in the day—there were four persons engaged with me—I had a van there, and my name was on it—I removed two van loads—the prisoner was there about eleven o'clock that morning—he desired me to take these things to his place, and to take them out carefully, not to destroy the place—I took them out as carefully as I could with the assistance of the other men—it was done openly, and in public—there were six-inch letters on the sides of my van—I have known the prisoner about eighteen months—I

had some dealings with him—he always behaved honestly to me—he lived-in Goswell-street-road.

MR. WILDE. Q. What was the value of the fixtures? A. When they were in they might be worth 25l. or 30l.

MR. BODKIN. Q. I suppose when pulled down they would not be worth one-third of that? A. I should not have given 10l. for them then.

RICHARD DOWDSWELL . I was in the prisoner's employ in Dec. last, and have been so about twelve months. He is a house-agent and broker—I saw Mr. Young at my master's place in November last—I heard him tell my master he could not get Mr. Gurney to take the lease off his hands—he said he was going away, that he had a house at Somere-town, that he wanted to give up the key and the lease, Mr. Gurney would not accept of that, and he wanted Mr. Wells's advice and assistance—the last time he came he said he wanted him to do the best be could, and he would give him the key.

MR. WILDE. Q. When was this? A. About the end of November—there was a man present the last time whom Mr. Wells occasionally employs—he gave these instructions in the hall, in front of the house—there is a hall before the sale-room—Mr. Young did not come into the house at all on the last occasion, when he gave him instructions as to where he would meet him and give him up the key—Latimer was present, and no one else—the first interview between my master and Mr. Young was at the latter end of November—I do not know the day.

MR. BODKIN. Q. After the things were brought to your master, did some persons want to buy some of them? A. Yes, and I refused to sell them by my master's instructions.


30th January 1843
Reference Numbert18430130-722
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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722. WILLIAM SCULTHORPE and MICHAEL FINN were indicted for stealing, on the 28th of Jan., 1 shilling, and 4 pence, the monies of Solomon Worms, from the person of Mary Ann Worms.

THOMAS WOODRUFF . I am an inspector of the City Police. On the 28th of Jan., about half-past seven o'clock, I was in College-market, Warwick-lane—I saw the prisoners standing behind Mrs. Worms—I saw Finn put hit hand into her pocket, and take out something—Sculthorpe was covering him—as soon as Finn dropped the pocket, Sculthorpe said, "Come let us go, and not stand to be pushed about here"—I immediately seized them, and had a scuffle with both—Finn threw himself on the ground and got away, but he did not get above two yards before I took him again—I then spoke to Mrs. Worms—I am quite sure the prisoners are the persons—I was close behind them, and touched them when Finn put his hand into the pocket—I was watching them—I had seen them come into the market, and I turned back and went after them.

Finn. Q. Was not the market crowded? A. Yes, but there was nobody between you and me—I am quite sure I saw your hand go into her pocket—you took something out, but I could not see what—I saw the pocket move, and saw the bottom of the pocket in your hand.

MARY ANN WORMS . I am the wife of Solomon Worms. The officer asked me if I had lost my money—I said, "No"—I was then standing at a butcher's shop disputing about a bit of meat—I put my hand into my pocket, and found one shilling and four penny-pieces gone—I do not think this was two minutes after I had had that money safe.

Finn. Q. Did you not say you did not see it for a quarter of an hour before? A. I did not indeed—two or three minutes before I was counting my money—I do not think there was time for another person to jack my Pocket.

THOMAS WOODRUFF re-examined. I found 9 1/4 d. on Sculthorpe, I found no shilling.

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

FINN*— GUILTY . Aged 19.— Confined Nine Months.

NEW COURT.—Saturday, February 4th, 1843.

Sixth Jury, before Mr. Common Sergeant.

30th January 1843
Reference Numbert18430130-723
VerdictGuilty > pleaded guilty

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723. JOHN HEAD was indicted for stealing, on the 31st of Jan., 1 1/2 pint of wine, value 2s.; and 1 bottle, 2d.; the goods of Henry Keys, his master; to which he pleaded

GUILTY .— Confined One Month.

30th January 1843
Reference Numbert18430130-724
VerdictGuilty > pleaded guilty

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724. CHARLES GROVES was indicted for stealing, on the 31st of Jan., 6 memorandum books, value 3s. and 24 clasps, 2s.; the goods of Anselm Brown, his master; to which he pleaded

GUILTY .— Confined One Month.

30th January 1843
Reference Numbert18430130-725
VerdictGuilty > pleaded guilty

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725. ALFRED STEVENS was indicted for stealing, on the 23rd of Jan., 2 1/2 bushels of split peas, value 1l.; and 1 sack, 2s.; the goods of Edward Atkins; to which he pleaded

GUILTY . Aged 20.— Confined One Month.

30th January 1843
Reference Numbert18430130-726
VerdictGuilty > pleaded guilty
SentenceImprisonment; Corporal > whipping

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726. WILLIAM GILBERT was indicted for stealing, on the 1st of Feb., 22lbs. weight of coals, value 3d., the goods of Thomas Bonfield and another; to which he pleaded

GUILTY .— Confined Ten Days, and Whipped.

30th January 1843
Reference Numbert18430130-727
VerdictGuilty > pleaded guilty

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727. JAMES GRIFFITHS was indicted for stealing, on the 26th of Jan., 4 spoons, value 3l.; and 2 forks, 10s.; the goods of Francis Blaber; to which he pleaded

GUILTY . Aged 26.— Confined Four Months.

30th January 1843
Reference Numbert18430130-728
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment

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728. JOHN FOGGERTY, JAMES CRAIN , and WILLIAM CARRALL , were indicted for stealing, on the 27th of Jan., 288Ibs. weight of lead, value 2l., the goods of Benjamin Bond Cabbell, Esq., and fixed to a building, &c.—2nd COUNT, not stating it to be fixed; and that Foggerty and Crain had been before convicted of felony.

MR. CLARKSON conducted the Prosecution.

WILLIAM ROSS (police-constable D 157.) A few minutes before nine o'clock, on Friday evening, the 27th of Jan., I was in plain clothes, in the New Road, near Lower Lisson-street—the prisoners were all three standing together, about a dozen yards up Lower Lisson-street—they were talking together—I went up Lower Lisson-street to meet them—they separated about a yard apart, and came to meet me—I went on, and passed Crain, who came first—I then passed Carrall, with this piece of lead on his left shoulder—it was not a dozen yards from Mr. Cabbell's house, which is No. 14—I turned sharp round, and followed Carrall—Foggerty was behind me—Crain got first to the New Road, looked right and left, and then beckoned Carrall to come on—Crain went towards Homer-street, to the left, and Carrall went straight across—Foggerty said to me, "Master, what is it o'clock?"—I crossed, took hold of Carrall, and said, "What are you going to do with that lead?"—he said, "My mate behind just picked it up, and I am going to take it to the station-house"—I took hold of him, he dropped the lead, I sprung my rattle, and the others ran away—Crain towards Homer-street—I did not see where Foggerty went—I took Carrall to the station—shortly after another officer brought in

Crain—Carralle then said that Crain had picked it up—" No," said Crain, "I did not; it was the other picked it up, who is not here"—in halt an hour afterwards Foggerty was bronght in—I am positive he was with the others, and said, "Master, what is it o'clock?"—I went back about half an hour after, and saw some mortar disturbed at No. 14, Lower Lisson-street, on the wall, by the side of the door—that attracted my attention to examine further—I waited till the constable came up—I knocked at the door, and a female answered me—I ultimately went on the portico, and discovered a lot of lead had been removed—this piece of lead, which I took from Carrall, was folded in the same form as it is now, but I unfolded it to match it with the lead—there were three pieces of lead remaining on the portico—they had been folded, but have been unfolded since—I unfolded the three pieces and the one I took from Carrall, and applied them to the portico, and the whole four pieces formed the whole of the cover of the portico—there was no doubt about it, and it had been recently cut—I live in a house nearly opposite No. 14, and saw this lead was perfectly safe at four o'clock that afternoon—I put my head out when my bell rang, and saw the lead.

MATTHEW RIERDON (police-constable D 135.) About nine o'clock that night I heard the rattle sprung—I went in the direction, and saw Crain running along the New Road—he turned into Homer-street—I cried, "Stop thief," and sprung my rattle—I was in plain clothes—I saw him stopped in John-street by a policeman in uniform—I had not lost sight of him—as soon as I took him he said, "I have done nothing; I don't know what it is"—I said, "You must come back with me; I don't know what it it, but perhaps we shall find out"—he tried to get his hand into his jacket pocket—I said, "Keep your hand out"—I put my hand into hit pocket, and found this chisel, which appears to have been very sharp, but the edge is turned by using it—it would have taken a very considerable time for one man to have cut these four pieces of lead from the portico, and to roll them up—at the station Carrall pointed to Crain, and said, "He picked it up, and gave it to me"—Crain answered, "It was not me, it was the one not here."

HILL BECK (police-constable D 127.) I took Foggerty about nine o'clock at night, on the 47th of Jan., at his mother's room in Holles-street—I said I wanted him about some lead—he said, "Very well, I will go with you"—when we got to John-street, I asked him if he knew Carrall and Crain—he said "Yes, I was with them this afternoon"—he then said, "This is a rum job, is it not?"—I took him to the station—I found in his mother's room such a jacket as he used to wear—I went next morning to the portico, and saw the lead had been removed—there is 288lbs. of it.

BENJAMIN BOND CABBELL, ESQ . I live in Brick-court, Temple. The house, No. 14, Lower Lisson-street, is my property.

Carrall's Defence. There was a gentleman and five or six people standing together; this lead laid against the lamp, against the old chapel; they told me to take it to the station, and I might get 1s. to get a drop of beer; I turned the right way to the station, and met this officer; I told him how I got it.

WILLIAM ROSS re-examined. He never told me so.

HENRY SAUNDERS (police-sergeant D 26.) I produce a certificate of the conviction of Crain, by the name of James Geer, which I got from Mr. Clark's office—(read)—Crain is the person I then saw tried and convicted.

THOMAS HARRISON . I was a sergeant of police. I produce a certificate of Foggerty's former conviction, which I got from the Clerk of the Peace at Clerkenwell—(read)—he is the person who was then tried by the name of John Winter, which is his right name.


CRAIN— GUILTY . Aged 19.