Old Bailey Proceedings.
12th May 1845
Reference Number: t18450512

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Old Bailey Proceedings front matter.
12th May 1845
Reference Numberf18450512

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Taken in Short-hand by










On the Queen's Commission of the Peace,



The City of London,





Held on Monday, May 12th, 1845, and following Days.

Before the Right Honourable MICHAEL GIBBS , LORD MAYOR of the City of London; the Right Hon. Thomas Lord Denman, Chief Justice of Her Majesty's Court of Queen's Bench; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Thomas Coltman. Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; William Thompson, Esq.; Charles Farebrother, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; Sir William Magnay, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; Thomas Wood, Esq.; John Johnson, Esq.; Sir George Carroll, Knt; John Kinnersley Hooper, Esq.; Thomas Farncomb, Esq.; and Francis Graham Moon, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' 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.

Henry Somerfield

Arthur Crocksford

Henry Taylor

Henry Watts

Thomas Walker

William Gardiner

John Sutton

James Saunders

James Bevan

James Buckle

Sims Samuel

William Scott

Second Jury.

Thomas Verey

Francis Hosier Hart

George Merrick

Robert Simpson

Stephen Noah

Richard Neal

Henry Champion

Nathaniel Magnus

Nathaniel Frederick Okey

Alexander Urquhart

John Musket

William Henry Manners

Third Jury.

Philip Sillick

William Coleshaw

William Vause

Richard Littlejohn

John Smithers

Thomas Spencer

Robert Sewell

James Young

Charles Woodward

William Standfast

Samuel John Jobbing

Josiah Hawkins Tibbs

Fourth Jury.

Frederick Sapsford

George Wilson

John Whitehouse

Robert Mallett

Charles Augustus Thomas

William Edward Sass

Thomas Johnson

John Mullins

Fifth Jury.

George Thorn

Charles Thorn

Thomas Smart

George Martin

William Thelmalt

John Thomas Sims

George Gates

James Francis Thompson

George Blaylock

Federick Martin

W. Leach

Henry Lee

Sixth Jury.

James Teague

William Henry Van Heims

John Sparrow

James Simpson

John Painter

Benjamin Skelton

John Young

George Hill

George Sarjeant

Richard Taylor

Stephen Stringer

Charles Matthews.

The following prisoners on whom the judgment of the Court was respited at the time of trial, have been sentenced as follows:—

Basil Cochran Willis... Page 8... Discharged on recognisances

Liomel Prayer Goldsmid... Page 8... Discharged on recognisances.

George Wm. Ed. Stowenly... " 64... Confined one year.

James Gruby... " 81... Confined for two years.

Lee Viner... " 81... Confined for two years.

John Wakeman Edwards... " 95... Confined for two years.

Richard Green... " 105... Confined for one day.

John Dodge... " 181 Discharged.

William Webb... " 184... Transported for seven years.

Mary Ann Sailsbury... " 224... Confined for six months.

John Creed... " 288... Confined for two days.

Margaret Standish... " 293... Confined for one month.

Catherine Davies... " 335... Confined for Seven days.

William Boreham... " 448... Confined for two days.

Michael Connell... " 450... Confined for seven days.

John Baker... " 498... Confined for six months.

Charles Robins... " 598... Transported for ten years.

John M'Carthy... " 618... Transported for ten years.

Ann Gardner... " 636... Discharged.

Isabella Spicer... " 636... Discharged.

Thomas Marshall... " 654... Confined for six months.

William Surman... " 653... Confined for one year.

George Williams... " 698... Confined for three months.

Joseph Harvey... " 705... Confined for one day.

Alfred Carlile... " 718... Confined for six months.

Edmund Thomas Yeakell... " 741... Confined for six months.

Richardby Hibbert... " 758... Confined for three months.

Emma Wall... " 762... Confined for Seven days.

John Williams... " 771... Transported for fourteen years.

Robert Waywood... " 771... Transported for fourteen years.

Jane Malloy... " 859... Discharged.

Thomas Miller... " 915... Confined for ten days.

John Wyatt... " 965... Judgment arrested.

James Bradley... " 969... Confined for two days.



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, May 12 th 1845.

First Jury, before Mr. Recorder.

12th May 1845
Reference Numbert18450512-1034
VerdictNot Guilty > no evidence

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1034. PIERCE WALL O'BRIEN, JOHN RAWLINS , and THOMAS MAUND , were indicted for a misdemeanor.

No evidence.


12th May 1845
Reference Numbert18450512-1035
VerdictNot Guilty > no evidence

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1035. HENRY HASE was indicted for unlawfully making a false entry of the register of a birth.

No evidence.


12th May 1845
Reference Numbert18450512-1036
VerdictGuilty > with recommendation

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1036. SARAH HALL was indicted for stealing, on the 29th of March, at St. George's in the East, 1 tea-pot, value 7l.; 1 sugar-basin, 4l.; 1 cream-jug, 3l.; 18 forks, 1l.; 17 knives, 4l.; 27 spoons, 3l. 4s.; 1 fishslice, 1l.; 1 soup-ladle, 30s.; 3 rings, 80s.; 2 brooches, 10s.; 3 shirt-studs, 49s.; 2 coats, 3l. 10s.; 1 waistcoat, 7s.; 1 pair of trowsero, 14s.; 1 card-box, 10l.; 1 pair of stockings, 6d.; 1/2 of a yard of calico, 2d.; 1 pair of stays, 6s.; 1 purse, 2s.; 1 miniature, 10s.; and 2 shillings; the goods of William Penny, in his dwelling-house.

¡ WILLIAM PENNY I am a lighterman, and, live in Luke-street, Commercial-road, in the parish of St. George. I kept the house at the time this happened, and occupied it—the prisoner came into my service about the 7th of May, and left on the 27th of March, she came for her keys about ten o'clock in the morning of the 29th of March—I and my wife were then going out—we left her in the passage with her things, and told her to take them, and shut the door after she came out—we left her in the house alone—two boys were waiting outside to assist her with her boxes, as she said—I and my wife returned about half-past eleven at night—the house had been left above twelve hours—I found a candle in the passage—I trod on

–it—it corresponded with the candles in my kitchen—I struck a light, went down stairs, and found the back door merely on the latch—I had left it barred and bolted—the prisoner had no occasion to undo it to go out, she should merely draw the front door to after her—I went up stairs, and found a bunch of keys hanging in my bed-room door—they did not belong to the house—the drawers were open, some linen turned out, and some articles stolen—I misted a quantity of plate and other articles—I have found several knives, a coat, two rings, a necklace, and two or three other articles—the bed-room is the only room I found open—the other rooms were locked, as I had left them—I had left the bed-room door locked, and put the key in the clock, and had the key of the clock in my pocket—the plate was taken from the bed-room drawers—everything was taken from the bed-room—I have seen a pair of stockings which were found on the prisoner's legs—I do Dot know when I had seen them last, as I only wore them in the summer.

ISABELLA PENNY . I am the prosecutor's wife. I went to the station-house on the Sunday, the day after this happened, and examined two boxes—I found a shirt, which I had not seen for some time, in the prisoner's box, and a piece of calico which I had not seen for six months—I missed a pair of stays which I had seen that morning—I knew the box to be the prisoner's.

JOHN BLAKES (policeman.) The prisoner was given into my custody—in consequence of something she said, I got some boxes from the ship Mercury, lying in the City Canal—I found in them a shirt and piece of calico, which the prosecutor claims—it was a common servant's box—the prisoner told me her boxes iwere on board that ship—the searcher found a pair of stockings on the prisoner the day after it happened—I believe he said they were her master's stockings; she had brought them mistake—I only found 8s. 6d. on her—I took her the robbery.

MRS. PENBY re-examtned. The stockings are ours—our name is on them—the shirt and calico might have been taken some time before—I am certain of the shirt.

Prisoner. I hope you will deal mercifully with me.

GUILTY of stealing the shirt, calico, and stockings. Aged 27.

Recommended to mercy by the Prosecutor.— Confined Fourteen Days.

12th May 1845
Reference Numbert18450512-1037
VerdictGuilty > pleaded guilty

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1037. JOHN JACKSON was indicted for stealing 1 apron, value 9d., the goods of William Inglis, from his person; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 21.— Confined One Years.

12th May 1845
Reference Numbert18450512-1038
VerdictGuilty > pleaded guilty

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1038. THOMAS HARVEY was indicted for stealing 9 bagatelle balls, value 10s., the goods of John Bathe; to which he pleaded

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

12th May 1845
Reference Numbert18450512-1039
VerdictGuilty > pleaded guilty

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1039. SARAH WICKENS was indicted for stealing, on the 23rd of April, 2 napkins, value 6d.; 1 shift, 1s.; 3 towels, 9d.; 2 neckerchiefs; 6d.; 2 pairs of stockings, 3d. * 1 reticule, 1s.; 1 petticoat, 1s.; 1 thimble, 6d.; 1 printed book, 6d.; 1 handkerchief, 6d.; and 1 tooth-brush, 6d.; the goods of George Tegg, her master; to which she pleaded

GUILTY . Aged 21.—Recommended to mercy.— Confined Fourteen Days.

12th May 1845
Reference Numbert18450512-1040
VerdictGuilty > pleaded guilty

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1040. WILLIAM JOSEPH MAY was indicted for stealing, on the 22nd of March, 1 order for the payment of 8l. 17s., the property of William Temple, his master; also, for embezzling 5l. 3s. 4d., the monies of his said master; to which he pleaded

GUILTY . Aged 37.— Confined Six Months.

12th May 1845
Reference Numbert18450512-1041
VerdictGuilty > unknown

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1041. WILLIAM DAVIS was indicted for stealing, on the 7th of April, 1 coat, value 2l. 10s.; 1 waistcoat, 1l.; 1seal, 2l.; 1 watch-guand, 5s.; 1 handkerchief, 3s.; and 1 pair of gloves, 2s.; the goods of George Alexander Findlay, in a vessel in a port of entry and discharge.

RICHARD HURLEY . I am master of the Cleopatra, in the London Docks. On Saturday, the 5th of April, I went on board the ship, and found the after cabin door broken open, by apparently an iron instrument—the lock was forced—I missed nothing from there—in one of the side fore-cabins I had a chest of drawers—the lock of one drawer was burst—I missed rwo gold watches from the middle drawer, and from the top drawer I missed a bag, containing thirty-eight dollars—there were marks on several of the dollars—I have since seen four, one that appeared to have a mark on it resembling the dollars I missed—I cannot say there were marks on all—I have seen nothing of the watches.

Prisoner. Q. Can you swear those dollars are yours? A. No—one had a mark similar to mine, but that might be the case with any Chinese dollars, and it has been defaced—they are Cochin dollars, cast in Spanish type, and of Spanish appearance—it is a stratagem on the part of the Chinese, who circulate them in many thousands, but they have a small Chinese mark on them.

DAVID HATTERSLEY (police-constable H 80.) On the 12th of April I was sent for by an inspector to inquire about the property stolen from the Cleopatra—I went to a jeweller's shop in High-street, Whitechapel—as I was coming out the prisoner came in—I waited outside a few moments—I found him offering some dollars for sale—I asked where he got them from—he said he bought them of a sailor outside the Dock-gate that morning—I asked what he gave for them—he said 16s. 4d.—I asked where he worked—he said, on the South-quay, in the London Dock—I told him of the robbery, and took him on the station—I found on him a duplicate of a coat and waistcoat.

JAMES ROBERT WHITE (Thames police-inspector,) I was present when the duplicate was taken from the prisoner—I asked how he came in possession of these dollars—he said he bought them of a sailor in Nightingale-lane, for 16s. 4d.—five duplicates were found on him; one for a coat and waistcoat, which appears to have been stolen from the Ann, about a week before—they were identified by the captain—the London Docks are part of the port of London.

HENRY EMBLEN . I am assistant to John Kelday, of Hackney-road. I produce a coat and waistcoat, pledged on the 8th of April, by the prisoner, in the name of John Davis, of Hope-street—the counterpart of the duplicate was found on the prisoner.

Prisoner. Q. Can you swear I am the person? A. Yes.

RICHARD HURLEY . I was not on board the Ann.

¡ GEORGE ALEXANDER FINDLAY. I live at Camberwell, and am master of the brig Ann, which was lying in the London Docks on the 7th of April. This coat and waistcoat belong to me—I lost them out of my trunk on thsi evening of the 7 th—I missed them on the morning of the 8th, when–I

found the state-room door broken open, and the trunks and desks—I missed some coin, a gold seal, watch-guard, and two watch-keys—my papers had been turned all over—I have found nothing besides the coat and waistcoat.

Prisoner. I proved to the inspector that I was at work at the London Docks all day on the 7th.

J.R. WHITE re-examined. He would leave work at four o'clock in the afternoon.

Prisoner's Defence. I had nothing to do with pawning the coat and waistcoat; I own the duplicate was found on me; it was pawned there by a man outside the London Dock; as for the dollars, I gave 16s. 4d. for them; I have worked three years in the London Dock.

GUILTY . Aged 35.— Transported for Ten Years.

12th May 1845
Reference Numbert18450512-1042
VerdictGuilty > unknown

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1042. JOHN HITCHEN was indicted for stealing, on the 12th of August, 38 1/2 yards of silk, value 1l.; also, on the 2nd of Oct., 33 yards of silk, 6l.; also, on the 10th of August, 60 1/2 yards of silk, 10l. 18s.; the goods of William Cook and others, his masters; to all which he pleaded

GUILTY . Aged 25.— Confined One Year.

12th May 1845
Reference Numbert18450512-1043
VerdictGuilty > pleaded guilty

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1043. THOMAS EARL MILLER was indicted for stealing, on the 21st of April, 1 counterpane, value 1l.; also, on the 20th of March, 78 collars, 5l. 9s.; also, on the 7th of Jan., 171 collars, 31l. 11s.; 82 yards of calico, 1l. 4s.; and 84 yards of muslin, 11l. 6d.; the goods of William Lowndes and others, his masters; to all which he pleaded

GUILTY . Aged 38.— Confined One Year.

OLD COURT.—Tuesday, May 13th, 1845.

Second Jury, before Mr. Recorder.

12th May 1845
Reference Numbert18450512-1044
VerdictNot Guilty > no evidence

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1044. HENRY ARNOLD GREEN was indicted for wilful and corrupt perjury.

No evidence.


12th May 1845
Reference Numbert18450512-1045
VerdictGuilty > unknown; Guilty > unknown
SentenceNo Punishment > sentence respited

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1045. BASIL COCHRANE WILLIS and LIONEL PRAYER GOLDSMID were indicted for conspiracy.

MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.

EDMUND LYONS HEARNE . I am an attorney of the Four Courts, Dublin, but practising in London, as a parliamentary and Irish agent; I came to England for that purpose about three years ago; I was admitted an attorney at Dublin; I live at No. 9, Pall-mall East. On the 26th of March last, I was in possession of two promissory notes, one for 500l. and another for 600l.—I received them from Mr. Thomas Holbrook Coyle—I gave 800l. for them—(looking at two notes produced by Mr. Mytton)—these are the two promissory notes upon which I advanced the 800l.—while they were in my possession, I was informed that Willis had called on me—I then called on him—I think it was on the afternoon of the 26th or 27th of March—I met him coming out of his door—he said, "I was just going to call upon you, Mr. Hearne"—he said, "I understand you have got some bills of Mr. Mytton's; I have got a friend who is desirous to invest 2000l. in the discount of Mr. Mytton's paper;" and he added, "If you wish to have those bills

discounted, I shall be glad to get them done for you"—I tben told him that I held two bills, amounting to 1100l., for which I had given valuable consideration, and I produced to him this letter—(read—directed Edmund L. Hearn, Esq., 9, Pall-mall East—"16, Great Marlborough-street, 15th March, 1845: Sir, Mr. Coyle has this day handed us the proceeds, less discount, as agreed upon, of two promissory notes, of John Mytton, Esq., of Aston, Warwickshire, dated 10th March; amount 1100l. We remain, sir, your obedient servants, SMITH and Co.")—I had before that done business with those persons on account of Coyle—I asked Willis the terms—he said he would see his friend—I then intrusted him with the 600l. note, in consequence of the representation he made, that he had a friend who was anxious to have Mr. Mytton's paper—he appointed to call at my residence next morning at eleven o'clock—he did not come till the afternoon—he then said that his friend would give 900l. for the two bills—I asked, did that include his commission—he said, "No"—I asked what he would expect—he said he would leave that to myself—I then said I would give him 25l. for his commission—he said, "No, you must make it 30l."—I said, "Very well"—he then said, "Well, I shall bring you the money tomorrow morning, between eleven and twelve"—I handed him the second bill at that interview, for the purpose of his friend advancing the money on it, as he stated—I was at home next morning—Willis never came, or anybody on his behalf, with the money—I have never been able since to get possession of the bills—I have endeavoured to do so—next day I saw Willis at his own chambers—I asked why he had not called on me—he said he was waiting, expecting his friend every moment with the money, and the very moment he brought the money, he would bring it down to my chambers to me—on the following" day I received a communication from Dr. Ryan—I then called on Willis again—he repeated the same story, that he was waiting for his friend, and I said I thought it was rather strange there should be any delay, inasmuch as his friend, as he had represented to me, had agreed to the terms before he had the bills—he replied, people did not like to part with so large a sum of money as 900l. in a moment—on the following Monday I went again—I did not get back the bills.

Cross-examined by MR. BODKIN. Q. How long have we in London had the pleasure of your residence among us? A. Three years—I did not come over for the purpose of practising as a parliamentary agent—I came over on business, and then I settled—I have not had any practice as a parliamentary agent since I have been here—my agency has not been pretty much confined I to negotiating bills and promissory notes—this was not the first transaction of the kind I entered into—I have been engaged in raising loans on Irish property, and also in transacting equity and law business in the Irish courts, as agent here for attorneys in Dublin, for Mr. George H. Green, and Mr. M'Grath, of Lower Mount-street, Dublin—I have transmitted them a great deal of business, and they have done business with English clients through me—I have been acquainted with Mr. Coyle about six or eight months—I have had transactions with him before this with respect to bills—I should say, previous to this, to the amount of about 1,000l.—I do not think more—I kept no book for bill transactions—I should say I have had about half a dozen bills from Mr. Coyle altogether, or perhaps eight or ten—I should say under a dozen, and over half a dozen—they have not been purchases of bills by me of Coyle—I got them discounted through my

connexions, and handed over the money to Mr. Coyle—t did not buy these two bills for 800l.—I merely made advances on them to that extent, and when I found I could not get them discounted, in consequence of some transactions, I was obliged, of course, to take the bills for my advances—I advanced 800l. of hard money—not a shilling of it was my own—Coyle first lodged with me a 500l. bill, on which I advanced him 100l., and finding I could not get that bill discounted, when he brought me Mr. Mytton't bills, I returned him the 500l. bill, and held Mr. Mytton's bills as against that 100l.—I gave Willis into custody for stealing these bills from me—I appeared against him before the Magistrate at Marl borough'Street, and was examined on oath in support of that charge—I stated that the first advance J made to Coyle for these bills was 100l. check of a Mr. Brown's, which Mr. Brown lent me—I believe I was asked before the Magistrate when I began to make advances on these bills—(Mr. fitzpatrick here produced the notes of the examination, which the witness was desired to look at.)

Q. Now, having given you an opportunity of reading that, did you not, On that occasion, swear that you received these bills first on the 11th of March from Mr. Coyle? A. I think my expression was "on or about"—I swear that—my belief is I received them on or about the 11th—I swear I received them before the 15 th—I swore on that occasion that I advanced the 800l. between the 11th and 15th, and that the first advance I made was 100l. by a check of Mr. Brown's—I said nothing about the 500l. bill that I have named to-day as having been in my possession before that—the other advances were made in bank-notes in one sum of 100l. and three sums of 200l.—I keep no banker, or any books—I procured 100l. of the money from Mr. Bartlett, and 100l. from a lady, a friend of mine—Mr. Bartlett is my partner—he is a solicitor—he has been in partnership with me twelve months—our names are on the hall door, "Mr. J. m. Bartlett, and E. L. Hearne, offices on the first floor," not Bartlett and Hearn," or "Hearn and Bartlett"—I do not know Smith and Co., the supposed writers of this letter—I have seen the person representing Smith and Co. once, just outside my chambers—it was not Mr. Coyle—I do not know the person's name—I was never at their office in Marlborough-street—I had had dealings with Smith and Co. with bills, previous to this, through Coyle—I do not know how long they were in Marlborough-street, or how long they remained there after this transaction—I do not know that they ran away directly the bills were handed to them—I heard it stated at the police-office that they had gone away—I know a person named Scanlan—I received from him a bill for 275l.—he had 70l. from me for it, all I received myself—the bill was entrusted to me for the purpose of discounting—a balance of 12l. was due to Scanlan, and part of that I paid him by instalments of 5s. a-week—I should say for two months—I was then living in Pall Mall, carrying on my parliamentary agency, and negociating bills—the last balance Mr. Scanlan received was 5l. 15s.—I paid 6l. 5s. by 5s. a-week—there was then a balance of 5l. 15s. left—I cannot recollect the day I paid that—it was the day the Magistrate discharged Willis from my charge of felony—I saw Mr. Scanlan at the office when the charge had been gone into—I did not, on seeing him, send my card to him to beg he would not say anything about the debt I owed him—I did not send anybody—nobody went to him with my knowledge—I was informed afterwards that Mr. Anderson went to him—he is not my clerk, or Mr. Bartlett's—I never so represented him—he is a private gentleman, the son of Sir James Anderson,

of the county of Cork—I cannot tell how he employs himself—he told me himself that seeing Mr. Scanlan there, he made a communication—he did not say he begged Mr. Scanlan not to say anything about my owing hint money, and paying him at 5s. a-week—he said he insisted on having his balance, and I gave him the balance, and be paid it to him—I believe it was paid the same night—I believe the receipt bears date that same night—I believe the 5s. instalments had been paid regularly before that—they all went through Mr. Anderson—it might have been in arrear a couple of weeks—Mr. Scanlan did not repeatedly press me for the payment of this money—when he pressed me, this arrangement was entered into—I did not represent as a reason why I could not more than 5s. a week, that I was only clerk to Mr. Bartlett at 28s.—I swear that—I never said anything of the sort to Mr. Scanlan or I body else—I did not authorise Mr. Anderson to say so.

Q. Do you remember anything about a 200l. bill of Ms. Mynn's? A. Yes, it was brought to me by a person named Hodgson—I did not introduce Hodgson to a gentleman named Pook—I went with him to Pookn—6l. was due on that bill to Mr. Book, and Mr. Hodgion brought a letter from the party who had borrowed this money on the bill, giving an order to give up the bill, on payment of the 6l.—I accompanied Hodgson there, paid the 6l., and received the bill—I gave Mr. Hodgson 10l.—after that I demanded 50l. for giving up the bill—I should say I did not afterwards raise my price to 70l.—the fact ii this, a Mr. Cooper bad got a bill from me for 150l., he bad got it discounted, and kept the entire proceeds—Mr. Hodgson was acting for Mr. Cooper when he brought me this bill, and I retained the bill, considering I bad a lien on it for the money Mr. Cooper had of mine—when Hodgion came to me, he told me he was doing business for Mr. Cooper, and it was from Mr. Cooper that he came with this bill—I told him, before I got the bill, that If r. Cooper had a bill for 150l. which he had got discounted, and got the money—there was about 60l. coming to me, but he had kept it all—he said Mr. Cooper had that 200l. bill, and if I chose to get it discounted, I should no doubt have my money back—there was no arrangement made about it, but Hodgson was aware of the fact, and concurred in my getting the bill, on payment of the 6l., and in my deducting from the proceeds what was owing to me—I ultimately received 20l. to give the bill up—I did not at first state my claims upon Cooper to be 40l., that I swear, sordid I afterwards say it and then 70l.—I told the gentleman that came to me how respecting the 150l. bill—I said I claimed it for the advance of 16l. I—I do not think I mentioned any sum—the matter afterwards got into the hands of Messrs. Waterman and Wright, attornies—they demanded the return of the bill from me—I stated my claim to the gentleman, and he did not I think that, legally, I had a claim—he offered me 20l. to be done with the transaction, and I gave up the bill for that—I did not, during these proceedings, request of Mr. Hodgson to say, if any inquiry was made, that had this demand upon Mr. Cooper, and that I would give him a commission, if he would always say that—nothing of the kind—I had no other bill in my possession in March last, but the two in question—I never had another one of 600l., of Mr. Mytton's—I did not put that 600l. bill into the hands of a Mr. Estudier in March—I know Sir James Anderson very well—I did not give it to him to take to Mr. Estudier—I did give it to him to discount—I do not recollect the exact amount I authorized him

to offer for discounting it—I authorized him to see what he could get it done for, and to inform me—I will not swear I did not authorize him to offer 120l. to Mr. Estudier, or anybody else, to discount it—Sir James Anderson brought the bill back to me—I cannot recollect the day—I cannot be sure it was on the 18th of March—it was about that time—he said he had seen Mr. Estudier—he did not tell me that Mr. Estudier would have nothing to do with it, for it was a stolen bill—he brought me back the bill, and said he could not get it done—I do not recollect his giving me any reason that Mr. Estudier had given—I am quite sure he did not—he did not tell me he had been informed by Mr. Estudier that it was either a stolen bill, or a bill included in an injunction obtained by Mr. Mytton—he told me if I could get a copy of the injunction, to show it was not in that, he could get the cash for the bill—he spoke of an injunction about some gambling bills—I had 600l. of this money from Mr. Bartlett—I am aware that Mr. Bartlett was liable to the Anchor Insurance Company for a sum of money—I did not know he was paying it off by instalments—I never tendered myself as security for him in any matter referring to the money lent—I had nothing whatever to do with it—I did not propose myself, nor was my suretyship refused—I declined to become surety—it was intimated that they would accept me with pleasure—I believe an action was brought about that money against Mr. Bartlett—I believe the money has never been paid to this day—I do not actually know of my own knowledge, of course, considering the position in which Mr. Bartlett and I are, I may pretty well say that I know it—I cannot tell the amount that remains unpaid—the parties have been pressing for payment since the action was tried—there is not an execution out against Mr. Bartlett for that money—I went yesterday to Mr. Cleverly, the attorney in that action, and requested he would take the execution out of the Sheriff's hands, which he did forthwith—I was informed that there was an execution against Mr. Bartlett—I assured Mr. Cleverly that Mr. Bartlett was a very responsible man, and if they would give him time he would be sure to pay—Mr. Cleverly withdrew the execution at my request—not yesterday—he had withdrawn it for a considerable time past—I called on him, and said, "I wish you would take it out of the Sheriff's hands"—he said, "With pleasure," and he did so—it had been in the Sheriff's hands,—he said, "Weith pleasure," and he did so—it had so—it had been in the Sheriff's hands, I believe, for some time, but with directions not to execute it—I did not go to Mr. Cleverly, knowing the trial was coming on to-day, to request be would prevent the Sheriff from executing the writ for a short time, for Mr. Cleverly had countermanded the execution of that writ for more than a month past—that I swear—I made no representation to Mr. Cleverly, with a view to prevent the execution issuing—I went to request he would take it out of the Sheriff's hands, and he accordingly gave me a letter to the Sheriff—I believe the Sheriff's officer's name is Louis Israel—I had heard that Israel would be called to show he had a writ of execution in his possession against Mr. Bartlett, when I went to Mr. Cleverly—the money is still owing—I do not know the amount—I believe it is about 400l.—I believe that debt was incurred about two years ago, but I do not know—it was before I was acquainted with Mr. Bartlett—100l. of interest was paid about twelve months ago.

MR. BALLANTINE. Q. In the transactions that you have had with these parties have you professed yourself an agent, or the person really advancing the money on your own account? A. Invariably an agent—it has been the money of others who had capital—I never heard,

before I advanced the money on these notes, that there was any charge of their being stolen—I have paid Mr. Scanlan every farthing of his debt.

DR. JOHN RYAN . I am a Doctor of Medicine. I had a house to let in Edward-street, Tooley-street—on Wednesday, the 26th of March, the defendant Goldsmid called on me at the Polytechnic offices, No. 5, Cavendish-square—he asked if I had a house to let—I referred him to my agent—he afterwards asked me if a party named Parker had been a tenant of mine—I replied "No"—he then stated that this Parker was a notorious bill stealer, or something to that effect; that a friend of his from Northamptonshire had some bills stolen, and that he had traced them to the offices of Bartlett and Hearne—that he had schemed to get those bills from Mr. Hearne; that he had employed for that purpose a friend of his, named Willis; that he had asked him to go there and state that he had a person who would discount those bills; that Willis went there, and Mr. Hearne took the bills out of his desk and gave them to him; that he (Goldsmid) was waiting outside to receive them; that he did receive them, and he was so pleased that he ran all the way to some place, to his office, I suppose—I do not know where—I made no remark to him about it—our interview was very short—he did not tell me what he had done with the bills, nor tell me that he had shown them to anybody.

Cross-examined by MR. BODKIN. Q. Had you a person of this sort in your house? A. No—Hay worth was the name of my tenant—he did not live there long, for I indicted him for keeping an improper house, and turned him out—I am not aware that I said anything at this interview about Smith and Co.—I do not hear the name of Smith and Co. for the first time now—I was at Marlborough-street and heard it there—I had not state, at this interview with Goldsmid that Smith and Co., some bill swindlers, had got into a house of mine—I did not know the name of Smith and Co. when I had this conversation—I had never seen Goldsmid before.

MR. CLARKSON. Q. You were not at all acquainted with Goldsmid, or any of the parties? A. A perfect stranger—I have been connected with the Polytechnic between three and four years—I am in the habit of instructing the pupils in her Majesty's College "at Portsmouth ia chemistry.

JOHN MOYSON BARTLETT examined by the COURT. Q. Did you at any time in March advance 600l., or any other large sum, to Mr. Hearne? A. I did—I advanced first 100l. to him that I had in my iron box, afterwards a sum of 200l. in 50l. and 20l. Bank notes, 200l. after that, and then another 100l.—it was in respect of the promissory notes that have been produced, and I paid afterwards 100l. to Mr. George Brown, who had also advanced to Mr. Hearne—I gave altogether 700l., 600l. to Mr. Hearne, and 100l. to Mr. Brown.

Q. Had you inquired into the sufficiency of a person named Mytton at the time you made the advances? A. I had not made the advances on the notes—Mr. Mytton is an entire stranger to me—I am in the habit of advancing money to Mr. Hearne—if he wants it, at any time, I let him have it, or get it from my clients—I know he discounts bills with it, but I have nothing to do with that—I am aware what he does with the money—I made no entry of these advances at the time—I took Hearne's I O U, nothing more—the advances were made some time in March, about the 13th or 14th—I should say the 700l. was advanced from the 13th to perhaps

the 16th or 18th—I do not think I paid Mr. Brown hack the 100l. till the 18th or 19th—I could not swear exactly to the date—the last payment I made was the 100l. to Mr. Brown—I had advanced all those sums before the 26th of March—I have been in practice since 1841; and last year, having known Mr. Hearne two or three years as a very active man, and wishing to increase my connexions, I made an engagement with him with regard to conducting my Irish agency, or any agency I may have had—I have had no parliamentary agency yet, but I have had some Irish business, which I do not understand anything about—I took him into partnership in Irish business only—I advanced money to him to enable him to get bills.

Witnesses for the Defence.

JOHN FOX FITZGIFFORD MYTTON . I live at Limmer's hotel now—I reside at Alston, in Shropshire—I was twenty-one years of age last November. In consequence of some communication I received about the 9th of March, I went to some persons named Smith and Co. in Great Marlborough-street—I got a letter from them, offering to advance me money—I have not got that letter—I had two or three from them—I went there in consequence, and saw some persons representing themselves as Smith and Co.—I saw a man and a servant there—there was a brass plate on the door, with "Smith and Co." on it—I went there about six times—some bills were prepared there one day that I went—I went four or five times before I left the bills—I left them on Thursday, the 13th—I left three bills—these now produced are two of them, one for 500l., and one for 600l.; and there is another for 600l. somewhere—I do not know where it is—these bills were prepared the first time I went there—they merely required my signature—they were not signed the first time I went there, because they had not money there to give me, and I refused to sign them—I signed them on the 13th, and they then gave me a memorandum acknowledging the receipt—this is it—(produced)—not a shilling was paid to me in respect of these bills—I have never up to this moment received a farthing in respect of them, and I do not expect I ever shall—I think I should know the persons again that I saw at Smith and Co.'s—I am not quite certain—there was a shortish roan, and another a porter or clerk—I think I should know them both again if I were to see them—I have not seen them since—I made a communication to the defendants indirectly, through a gentleman named Sutton, as to the mode in which I had been deprived of the promissory notes—I told Mr. Sutton I had been robbed of these bills, and to get them back for me—on the day I signed the bills I was told to call next day—I parted with them on the faith that I was to have 1500l. on the Friday, between twelve and one o'clock—I went there between twelve and one, and the clerk (I do not know his name) said that Mr. Smith was in the City—I went at four o'clock, and the porter, or clerk, told me he had had a letter from Mr. Smith, that he was detained in the City on business, and if I would call at twelve o'clock on Saturday I should have the money then—I called on the Saturday, and Mr. Smith had disappeared—the brass plate was not gone—I staid there till five o'clock in the evening—the rooms were not closed—the porter let me into the room—I then went to Mr. Weston, an attorney—I left town on Monday morning—I sent the solicitor an account of the bills, and how they had been stolen—I communicated these circumstances to Mr. Sutton afterwards at Northampton—I

deposited the three bills on a representation that they would be discounted, and 1500l. paid to me.

MR. CLARKSON. Q. You have been pretty extensively concerned in bills and promissory notes, I believe? A. Yes, pretty often—my attorney is Mr. Rickards, of the firm of Rickards and Walker—I have engaged to be responsible for the expenses of this defence—I have not employed Mr. Lane—I do not know that Mr. Lane knows me to deal in bills and promissory notes—he does not hold my securities, that I am aware of—he holds a security, a bill—I have seen Mr. Coyle—I know nothing of his being subpœnaed for the defence—I have seen him here to-day and yesterday—I shall not say when I began raising money by notes and bills—I cannot tell how many 1000l. of paper I have put into the world within the last twelve months—I should be very much obliged to you if you would pay it—I can form a conception how many 1000l. I owe on bills of exchange at this moment, but I shall not tell you—I could tell if I wished, but I think it is a question you have nothing whatever to do with.

Q. Is Mr. Willis an acquaintance of yours? A. I have seen Mr. Willis—I do not know exactly what you mean by an acquaintance—I was not on terms of intimacy with him—I have employed him to get my bills discounted—I do not know what he is—when I have seen him at home it has been at No. 52, Quadrant, Regent-street—I do not know what they do there—when I have been there I have asked him to cash a bill—I do not know whether he is a discounter of bills—he discounted one for me—I became acquainted with him some time ago—I do not remember how—I do not know who introduced him—I have met Mr. Goldsmid just in the same way—I do not know that he is a discounter of bills—he has never discounted for me—I do not know where he lives—I first saw him some long time ago, in the Quadrant, at Mr. Willis's—I do not remember when—I do not know whether they trade there together—I first went to No. 52 a long time ago—Willis did not discount then, it is only lately—I did not find Goldsmid there when Willis did discount—I saw Goldsmid there some months before I went abroad—I saw him there about borrowing money.

Q. Is there a person who lends or affects to lend money in London, to your knowledge, that you have not been to to borrow money? A. Well, I do not know, perhaps not—I do not know anything about No. 52, Quadrant—I was there at night once when I came from Newmarket last year—I went there about some bills which I had left to see if I could get discounted, and I could not—I saw Mr. Willis there; nobody else, except it was the servant—it was about twelve o'clock at night last Oct.—perhaps I am a little on the turf as well as on the town—I am not very often in the ring—I have known Mr. Sutton about three or four months—I do not know what he is—I meet him at Limmer's sometimes, where I live—I believe he is a gentleman—he has not discounted for me—I have seen Mr. Goldsmid at various places besides No. 52, Quadrant—I have been with him at a Mr. Kirby's Insurance-office, when I went to insure my life—I have done a good deal in the insurance way—I do not know that Willis and Goldsmid were partners—I never asked them—they never together did anything from me—they used to be in the same house and room—I do not know whether they are now—I did not give any public intimation through an advertisement, or anything of the sort, that these bills had been stolen from me—I did not

wish to do so—it was not by any advice of mine, or my wish, that any steps were taken about the bills, at least it was my desire, but I begged and prayed it might not become public; I wrote so at the time—I have been in the play world, and out of those transactions have given one or two bills.

MR. BODKIN. Q. Whatever may be the amount of your engagements, are you in possession of property to enable you to meet them? A. I think so—I hope so at least.

COURT. Q. At the time you promised to pay these three several promissory notes, were you in a condition to have satisfied them when at maturity? A. Yes—if I had got the 1500l. I should decidedly have been in a condition to have paid 1700l. when due—I forget the exact date when I came into possession of these notes again—it was about the day before the trial at the police-office—I got possession of them through Mr. Sutton—they were handed to me by him—I had stated to him the circumstances under which I was deprived of them, that I had gone to Smith and Co., that they had procured my signature, and then had left me without getting a farthing—I gave Mr. Sutton nothing for his assistance, nor have I paid, nor engaged to pay the defendants anything for the restoration of the bills.

SAMUEL SUTTON . I live in Hertfordshire and in London, both; when in London I live at No. 92, Norton-street; I am acquainted with Mr. Mytton. On the evening of the 14th of March he told me, at Limmer's, the circumstances under which he had been deprived of these three bills—he requested me to interfere, and get them back if I could—in consequence of that I made a communication to Mr. Goldsmid—I told him what Mr. Mytton had told me, how he had lost possession of the bills, and asked him to tell all the persons he knew were in the habit of discounting bills, of the circumstance—I requested him to stop them, if be could find them out—Mr. Goldsmid wrote to me—when I came up to town I saw him—he told me he had one of the bills for 600l. endorsed "Smith and Co.," and that Mr. Estudier and Sir James Anderson would take it next morning to Mr. Holditch's, about ten o'clock, for discount—I called on Mr. Holditch, to caution him not to part with his money—Goldsmid did not show me any bill on that occasion—nothing more passed between us about the bills or their recovery—I waited on him afterwards, and told him the result of my visit to Mr. Holditch—we then went to Mr. Willis—I showed them the authority I had from Mr. Mytton—I had a letter, which I produce—I showed it to Goldsmid and Willis—(read—"Northampton, March 26. Dear Sir,—I gave Smith and Co. three bills at four months' date, two of 600l. and one of 500l., which they promised to discount for me; I have neither had money or bills from them, nor can I bear anything more about them; will you be kind enough to use your best interest to obtain the bills back for me, unless they immediately pay me over the money. JOHN MYTTON.")—I gave Goldsmid directions to get the bills back, if he could, under that authority.

MR. CLARKSON. Q. Did you give him authority to act under the letter you read to him? A. Yes—that was the authority I gave—I gave him no other; I thought that was quite sufficient, that was the best document.

MR. BODKIN. Q. Did you receive the bills back from Goldsmid? A. I received them from Willis, and gave them to Mr. Turner, the solicitor.

MR. CLARKSON. Q. Did you know Willis or Goldsmid before? A. I knew Goldsmid before, not Willis—I did not know he was in partnership

with Goldsmid—I saw them at Willis's chambers, in Regent Quadrant—I went there with Goldsmid—I cannot say the number, but it is next to the fire-office—I did not engage to pay them anything—I made no promise of money to either, or any one else—Willis said he should be very glad to be the means of getting up the fraudulent bills—I am a private gentleman, living sometimes in London, and sometimes in the country—I am not engaged in trade—I have not been a discounter of bills, or engaged in any such transaction—I was unfortunately connected with an affair in the East India House, which has been canvassed very many yean I believe—I was convicted and imprisoned—it was in 1817, I believe—it has been before both the learned Judges in the other conrts, when I have been called as a witness—since that time I have got my living as respectably as most other persons, with my own money and my daily pursuits, sometimes one thing, and sometimes another—I sometimes speculate one way and sometimes the other, on the turf—I am a hone man, and always have been—that has nothing to do with this matter—many yean ago I lost a good deal of money by advancing money on bills—I have not been in the habit of negotiating bills of exchange for discount, except, many years ago, I advanced Mr. Gompertz money—I knew Mr. Mytton's father—my last acquaintance with Mr. Mytton was in town—I met him at Limmer's hotel—I visit there occasionally, as well as other gentlemen—I have no office—I live at No. 92, Norton-street—I am not a house-keeper in London; I am in the country—I decline answering in what part of the house in Norton-street I live.

COURT. Q. You have been asked about some case in which you got into trouble? A. It was the sale of a cadetship with Captain Prescott, many yean ago—both the learned Judges were perfectly satisfied with my explanation—Judge Tindal was cotinsel against me—it was a misfortune—there was no moral culpability attached to it.

HENRY GEORGE CHAPMAN . I am clerk to Messn. Grote and Co. We had an account with a Mr. Brown on the 8th of March—I have an account of a 100l. check that day—I am not aware of any other check between that and the 15th—I have no account of any others in this book—I have no other book with me.

The cross-examination of Hearne before the Magistrate toot here read as follows:—"I first received them on the 11th of March, at my chambers, from Mr. Thomas H. Coyle—I have known him from five to six months—they were first brought to me for discount between the 11th and 15th—I advanced money, 800l., the first a check for 100l., signed by Mr. Brown, merchant, in Broad-street, on Prescott, Grote, and Co.—it was lent to me—next, 100l. in cash, all of which was paid to Coyle—next, 200l. in cash, bank notes—and last, 200l., in cash."



(The Jury expressed their belief that no money had been advanced on the notes by Hearne.)

Judgment Respited.

12th May 1845
Reference Numbert18450512-1046
VerdictGuilty > unknown

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1046. MICHAEL SULLIVAN was indicted for a robbery on William Willcocks, on the 11th of May, putting him in fear, and taking from hit person and against his will, 1 watch, value 9l. 9s.; 1 purse, value 1s.; 1 sovereign, and 1 half-sovereign, his property; and immediately before,at the time of, and after the said robbery beating, striking, and using other personal violence to him.

WILLIAM WILCOCKS . I am master of the Velocity schooner, in St. Katharine's Dock. On the 11th of May, between eleven and twelve o'clock in the morning, I was in White Lion-street, Whitechapel, on my way home from the City—I was standing by a coffee-shop, where I had been having some coffee—a man snatched my watch from me, and afterwards either shoved or knocked me down—I did not feel any blow, but felt the same person on me—he searched my pockets, and took from me a purse, containing a sovereign and a half—I was not at all the worse for liquor—I was able to take care of myself—I immediately gave myself in charge of the policeman, to take care of me, and told him what I had lost—it was a silver watch, I have not found it.

Q. Did not you tell the Magistrate you had had an extra glass, but knew what you were about? A. I did.

SARAH LODDER . I live in Millwall, Whitechapel. On Sunday the 11th of May, about half-past one o'clock in the morning, I was in White Lion-street, and saw the prosecutor standing against the wall—I crossed over to the other side, and saw the prisoner come up and snatch the watch from his pocket—he threw it behind, and two men, who were behind him, took it up, and ran up White Lion-street—the prisoner instantly turned round, and knocked down the prosecutor—he leant over him—the prisoner put his hand to his pocket—I could not see whether the prisoner took anything from it—the prosecutor put his hands up and struggled with him—he called, "Police!"—the prisoner replied, "You may call, * police,"' and instantly ran up Mill-yard.

Prisoner. Q. Did not you tell the policeman you saw a man with gilt buttons running? A. Yes—I knew the prisoner, by frequently seeing him up and down the lane, but did not know his name—I described him to the policeman on Sunday night, as having a velvet coat—I am sure he is the man.

DANIEL SUGG (police-constable H 17.) I apprehended the prisoner in the City of Carlisle, public-house, Rosemary-lane, on Monday morning, at half-past one o'clock—it was the night after the robbery—I told him I wanted him, on suspicion of robbing a gentleman of his watch, in White Lion-street, on Sunday morning—he said, "I know nothing of it"—I found 6s. 6d. in silver, and 9 1/2d. in copper on him.

Prisoner. Q. Do you know anything wrong of me? did not you look at my coat, to see if there were gilt buttons on it? A. Yes—the witness described him as having a velveteen coat with gilt buttons, and I knew you had gilt buttons—it is the coat you generally wear—I know you belong to the gang of Solomans, in Rosemary-lane—Lodder knew him quite well when she saw him—she knows his sister-in-law.

Prisoner's Defence. I am not the man. I have seen the man who wore the velvet coat, and knowing me to wear one, they described me as the party; the witness has seen me up and down the street, but I was not outside the door that night after eleven o'clock; the prosecutor told the Magistrate he had been with two girls at the public-house.

SARAH LODDER re-examined. He knocked the prosecutor down with a blow of his fist—it appeared a violent blow—it made him fall—I am quite certain of the prisoner—I have known him five or six months—I

frequently saw him about every week, passing up and down the lane with girls.

GUILTY . Aged 22.— Transported for Fifteen Years.

(Daniel Sugg, and P. Driscol, a policeman, stated, that the prisoner had been repeatedly summarily convicted, and was the, regular associate of thieves.)

OLD COURT.—Wednesday, May 14th, 1845.

Third Jury, before Edward Bullock, Esq.

12th May 1845
Reference Numbert18450512-1047
VerdictNot Guilty > unknown

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1047. WILLIAM BEDFORD was indicted for stealing, on the 2nd of May, 1 lamb, price 1l. 17s., the property of John Weath and another.

WILLIAM ROGERS (policeman.) About four o'clock in the morning of the 2nd of May, I saw the prisoner loitering about Oxford-street, and watched him a long time—at last I saw him go and untie a lamb, which had been left a few minutes previous by a drover, who could not get it along with the rest—he untied it, tied a handkerchief to it, and by force drove it nearly 400 yards—I followed, and asked what he was going to do with it—he said, in a confused manner, he bad just found it, and was going to take it home for a short time, till he could take it to Smithfield.

Cross-examined by MR. DOANE. Q. Were you in your uniform? A. Yes, on the opposite side, but he could not see me, as I was at the corner of a street watching him—I could see him, but he could not see me—he took it deliberately.

FREDERICK SPRING . I am drover to John and Benjamin Weath—I was driving some sheep from the Great Western Railway to Smithfield—I tied the legs of one lamb, and laid it on the pavement, as it was tired—it was ready for a cart which was coming behind, to take it up to bring it to Smithfield—I do not know the prisoner.


Before Mr. Baron Alderson.

12th May 1845
Reference Numbert18450512-1048
VerdictNot Guilty > unknown

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1048. GEORGE LOW was indicted for feloniously killing and slaying Thomas Wright.

MESSRS. BODKIN and BALLANTINE conducted the Prosecution.

MR. FREDERICK BRAITHWAITE . I live in New-road, Fitzroy-square, and am an engineer—I saw the boiler of a steam-engine which had been bunt on Messrs. Samuda's premises, at Blackwall, on the morning of the explosion—it was manufactured by Fair burn, of Milwall, Poplar—it was shown to me on the premises about an hour after the explosion—the amount of pressure that boiler was built for, I believe, was 20lbs.—I should say it was capable of sustaining a pressure of 40lbs. on the square inch, without the probability of bursting—the workable pressure was 20lbs.

Q. Is there anything about an engine to inform the person the amount it is to be worked at? A. The general strength of the plates and the form of the boiler—the overlapping will show the substance of the plates—a skilful person could judge of that—the amount of pressure ought to be marked outside, but was not—it was between a high and low pressure—it is difficult to tell now where high pressure begins.

Q. Would a safety valve to a boiler of this kind, if properly constructed,

let out the extra pressure in the boiler? A. Certainly, if properly constructed and worked, it would allow the steam to escape so as to keep a proper pressure in the boiler—the valve is always so constructed—I made this plan of the boiler after the explosion—there was not sufficient left for me to say it is accurate.

Cross-examined by MR. CLARKSON. Q. Can you tell the difference between a high and low pressure boiler? A. I should say a low pressure boiler is constructed to bear steam at low pressure, and a high pressure at high—the extremes of the pressure are the only distinction—I cannot say where you would begin with high pressure, or leave off with low pressure—a tubular boiler may be applied to a high or low pressure engine—they are not all high pressure—there are several not high pressure—at present they are very much introduced in working low pressure engines, as they go into a smaller space—I have brought the original drawings made when the engine was made—I got them from Mr. Fairburn—I should say the plates of the shell of the boiler were not three-eighths of an inch thick—it is marked five-sixteenths on the plan—I should not wish to swear it was not three-eighths—I did not examine it accurately to ascertain the thickness—the boiler would, very likely, bear very considerable pressure of cold water—I do not say that it would bear 200lbs. to an inch—I do not say it would not—a vessel that would bear 200lbs. cold might be worked at 50lbs. hot water—I was not present the day before the accident—I have heard Messrs. Samuda are experienced gentlemen—I never saw the prisoner—I have heard they placed great confidence in him, and he has been with Napiers, very considerable engineers—I have heard them speak of him as having very great ability—the upper row of tubes of the boiler were brass and the lower iron—I should think the expansive power of brass just double that of iron, but I have not gone into the calculation—it exceeds that of iron—some of the iron tubes were blown out at the ends by the explosion, and the brass ones were blown over the side, liberated at one end and blown over—it is unusual for the upper row to be brass—it is a very proper precaution—I have not seen it before—they are generally all of brass or all of iron—the prisoner could not know whether the whole tubes were brass or iron without being informed of it, unless he had gone into the boiler to see it, or been present at the manufacture—it would be his duty to obey the directions of his superiors—it is important that the tubes should be all of the same strength and power of expansion, capable of resisting the power applied—I have known engineers on railways refuse to use brass tubes made by different makers in the same boiler, as there are some very bad tubes and some very good ones—they should all be of the same power of expansion—all the engine makers and railway companies pay very great attention to the construction of their tubes—the question is not as to the quality of the tubes but the equality—if they were all of good quality, but of different powers, it would be dangerous—every portion of a tubular boiler should be equally strong or equally weak.

Q. Take this model in your hand, supposing it to be a faithful representation of that portion of the boiler, there is a piece of wood placed there, if a hook was attached, if the wood was made fast at the bottom, then the handle of the valve drawn down and the loop put into the hook, would that have the effect of opening the valve and keeping it open, instead of shutting it and keeping it shut? A. If drawn down and fastened to the hook it would keep it open—if the steam was coming

out at the top it would show the valve was open—by lifting this lever the valve would open and the steam blow out—looking at the construction of the I valve I should say an obstruction of steam in the pipe might cause increased pressure of steam.

MR. BALLANTINE. Q. What is tne reason of the tubes being partly iron? A. In the event of the water being low in the boiler, the brass tubes, yielding to a lower pressure than the iron, they would melt first and prevent an accident—I should always make a boiler so—I do not think it would make any difference in the party working the engine, knowing it was partly brass tubes and partly iron—in my opinion the explosion could not have taken place with 50lbs. pressure, or anything near it—it must be a much greater pressure—I should say above 100lbs. to a square inch would be the minimum—it is quite a matter of opinion—a 50lbs. pressure would not be a proper amount to apply to it—I think it excessive, and not safe. Q. Could an engineer, acquainted with matters of this kind, be informed of that by observation of the boiler? A. The boiler had the appearance, by its form, of being very strong, and I do not know, unless his attention was called to it—he might be mistaken as to it, within 10lbs. or 15lbs. to a square inch—there is no use in this piece of wood in this model that I am aware of—it would be very improper to apply it to the boiler—if the safety valve had been open, It think the explosion could not have taken place—but there is one peculiarity in the construction of the valve, that although the steam might have been blowing off partly, there might have been too rapid a generation of steam—the relative dimensions of the valve-box are improperly constructed—although the valve might be open, the passage round the door of the box is not sufficient—the safety-valve is ill constructed, I think—if the valve was open, I think the explosion could not be of the nature I observed—not so great in extent, if open at all—part of the boiler was blown to a very great distance—except for closing the valve, I cannot see any use of that piece of wood—if it was placed in the position it is in this plan, with the Bail across it, it would close the valve.

COURT. Q. You say the safety-valve was not judiciously constructed; in what respect? A. The area of the safety-valve is twelve or fourteen square inches, and the passage would only allow an escape of three square inches—it should have been considerably more than equal to the area.

Q. How could it be steamtight if more than the valve itself? A. It would only allow the steam to escape when the valve was open—although the valve was open ever so wide, if the steam generated in the boiler to a great extent, I think it would produce danger—I do not think a person working the engine, uninformed of the construction, could perceive that the safety-valve was so improperly constructed—the accumulation of steam in a boiler is very rapid indeed—it is regulated by the heat by the fires below—any increase of heat produces a more rapid generation of steam—if the water gets rather low, there is a greater heat, and the water which remains generates steam more rapidly—that would be another cause—the heat of steam, when worked at a pressure of 50lbs., I believe would be nearly 300 degrees—that would increase the heat of the steam, as well as the pressure, and make it very apt to have a sudden increase, make the steam evolved more dangerous, and it would not be known to the person working the engine.

MR. BODKIN. Q. How would a person managing an engine be made acquainted with the degree of pressure? A. The general indication

is the diameter of the valve, the length of the lever, and the weight applied, in the absence of a mercurial guage, which I did not see to this engine—there ought to be one to every engine—the fulcrum of the lever is the extreme point—the number of square inches of the safety-valve would tell how many square inches there are—if the expanding place was only three, you ought to employ that—it was an improper construction altogether—by the construction of the outer box it would appear a very small valve, but in fact it was a very large one—that would not appear unless pointed out—he would know the pressure he was working at, but not the difficulty of getting rid of the over pressure, as the orifice has nothing to do with the amount of pressure—the means of letting out the steam might be dangerous and yet unknown to the engineer—it would be very difficult to know at what rate the steam was going off—he could not know it.

MR. CLARKSON. Q. If the iron rod lifted the weight, and regulated the pressure, and the steam was blowing off from the safety-valve, would he know what quantity of pressure there was on the boiler? A. He could not—by the limited space allowed there might be an increased pressure going On in the boiler—he could not know what proportion was escaping—if the cylinder worked sluggishly, it would indicate there was some obstruction in the steam-pipe from the boiler to the engine, or some valve or cock shut—I believe the cause of the accident was the difficulty created by the passage of the steam up the pipe—the cylinder working slowly would indicate that the steam was passing slowly—if the escape through the valve, or the other way, was stopped, it would increase the pressure—if the cylinder moved slowly, I should judge something intercepted the progress of the steam from the pipe to the engine.

MR. BODKIN. Q. Supposing the action of the engine to indicate that little or no steam was proceeding through the pipe, what was the duty of the engineer? A. To have damped the fires, and see that the safety-valve was blowing off the steam.

JOHN COCKAYNE . I was employed at Samuda's when this occurred. I had been there about six weeks—I saw the boiler when it came there—it had been there a fortnight when this happened—I saw it on the day of the accident, when the steam was up, a quarter or half an hour before the accident—Mr. Low was there, and he was the manager—there were other men in the engine-room—I then observed the steam blowing from the safety-valve—this model represents something like the safety-valve—by pulling this handle you can raise the valve—I saw a piece of wood, as it is here on the model, and a nail in it, lying against the side of the boiler—there was room for'it to work—the nail was not fastened to the handle when I saw it—it did not impede the motion of the handle in any way—it did not touch the nail when I saw it—it did not go past it—as I came by I did not know what the wood was for—I put my foot against it, and put it up—Mr. Low saw me, and told me to let it be, and he put it back, so as to let it play more freely—what I did to it made it more likely to interfere with the handle—I pushed it at the bottom accidentally with my foot, which raised it at the top—Burnand works there—he was not there just at the time—the explosion happened perhaps a quarter of an hour after I went out—this was Wednesday morning when I went into the yard after breakfast, before the explosion—I saw Mr. Low by the side of the boiler—I said, "This is a bad job, Mr. Low" (as the engine would not

work fast enough) "we shall not get to work to-day"—he said, "Oh I do not know what is the reason the engine will not go, there is plenty of steam"—he said there was from 401bs. to 50lbs. of steam, and four or five men trying to turn the fly-wheel of the engine, and it was going but very easy, not near enough for us to work with—it never had gone fast enough all the morning—the explosion took place a quarter of an hour after this conversation—the engine works outside the place—I was in my own shop at the time—I could tell by the shaft in the workshop at what rate the engine was going, but I never saw it going faster than before.

Cross-examined. Q. Was there a space for play of between one and two inches between the nail and the safety-valve? A. Yes—his restoring what I had removed would enable the steam to escape from the valve—the steam was blowing off at the time—my pressing the wood up stopped it—on his removing it it went off again—I do not know whether the handle would catch against the boiler till that wood was placed there.

COURT. Q. Does the boiler bulge out? A. Yes—if the handle came on the rivet it would catch there.

MR. CLARKSON. Q. Placing this piece of wood there would keep it off the boiler? A. Yes—I could hear the steam blowing off in the workshop quite plain, until the explosion—it was blowing off very freely, which it could not have done if the valve had been closed—if it was up in this form it would not blow off—our shop is fifteen or twenty yards from the boiler.

COURT. Q. What was the state of the fire when you were there? A. I do not know—they were anxious to get the steam to go on, and could not tell why it would not Work.

JOHN GUIVER BURNAND . I live'in George-street, Bromley, and am a mill-wright; at the time of the accident I was in Messrs. Samuda's employ. I recollect the boiler in question coming on the premises—I was on the premises on the morning of the accident, and saw Mr. Low there, superintending about the place—I was working at the boiler the night before, attaching the steam pipes from the boiler to the engine, under Low's superintendence—I believe there was no obstruction unless there was water in the pipes—I consider there was water in the pipes—it was very cold, and snow and frost during the night—the bore of the pipe conveying the steam was about three inches.

COURT. Q. Were the pipes on a level, so that water would remain in them? A. Yes—the cold night might convert the water into ice—this was the 5th of March.

MR. BALLANTINE. Q. From your experience in such matters, would that impede the working of the engine? A. An obstruction in the pipes would certainly stop the steam going into the engine—the pipe was between thirty and forty feet long—Mr. Low could not see inside that pipe—the fires were lighted next morning about six or seven o'clock I should say—part of the pipe was out in the air all night, and part in the engine-room—it was all exposed to the air—the boiler was in the open air—I was up on the boiler several times that night—I never saw Low on the top of it—at the time the fires were lighted in the morning there was a piece of wood attached to the boiler—I placed it there, by Low's direction—it was a piece of scaffold pole, four or five feet long—it was there ten minutes or a quarter of an hour—I left the boiler when I put it there—the fires were lighted at that time, and the steam up—the explosion took place between nine and ten—the steam was getting up at the time I put the prop—I cannot say

what pressure there was on the boiler—the engine went by men shoving the fly-wheel round—I do not consider it went by the boiler—the pole being there would keep the valve entirely useless—there was a nail in it, with the point broken off—I put the nail in by Low's order—by propping the handle up it kept the valve shut.

Q. Was there any play between the handle and nail? A. I cannot say what was the case at the time of the explosion, but when I put it there there was no play at all—the explosion was a quarter of an hour after—steam was blowing off rather violently while I was there.

Q. If the prop kept the valve closed how could you account for the steam blowing off? A. The handle pressing the nail might make a space, and let it escape—I should say the valve was pretty well closed, but a pressure of steam forced it up—the higher the steam and smaller the vent, the more noise it makes—I cannot say whether Cockayne was there—I know I saw him on the premises—I went from the boiler to the engine-house directly I put the prop up—the explosion took place ten minutes or a quarter of an hour after.

Cross-examined. Q. Have you had any quarrel with Mr. Low? A. As to quarrel, I cannot say we had one, nothing at all; it is a great while ago—you very likely know what it was about better than I do—it was about a candle—I had some hammer-handles—he did not say I had no business with them—he asked what business I had with a candle in my drawer—it was not locked up—I had business with it—I know Charles Taylor—I did not tell him, when I came out of the Coroner's room, that I had done for the Scotch b----at the Townhall, and would do for him again when I got to Newgate—I never said any such thing, I will swear—I do not believe I ever used such an expression, but Taylor met me one morning, and Cole, the foreman of the labourers, told me he knew nothing about it, and wanted to go up, and did not know what to swear to—I do not remember saying anything to Taylor, or seeing him when I came out from the Coroner—I will swear I had no conversation with him on that point—I do not believe he said, "How did you get on at the inquest?" but I will not swear it—I said I had spoken the truth, and would speak it again.

Q. Did you call the prisoner Scotch? A. I will not swear that; I might; I do not believe I did; but they are capable of coming forward and swearing anything for the sake of their own situations—I never said I would do for him again when I got to Newgate—I should be sorry to do anything to anybody—I never followed Taylor about and entreated him not to repeat what I had said—I said I was coming up to speak the truth in defiance of anybody—I never said I could trust him, but could not trust Hubbard and. Hill—I never spoke to Hubbard and Hill, they are too low to have anything to do with—I know Hollingsworth, who deals in tools—I had some tools from him—I put down 3s.—I told him my name was Guiver—I have not paid for them all yet—I do not believe I was to pay for them on the following Saturday—I do not believe it is twelve months ago—I have not paid a farthing since—I did not tell him I worked for Pitcher—I said it was Pitcher's yard—I was working close to Pitcher's yard, at the East India Dock, for Hunter and English—I cannot tell whether I said I was working for Pitcher—I gave my name as Burnand to the people I worked for.

JOSEPH TURNER . I was employed at Messrs. Samuda's when the boiler came, and was close to it before it was fixed to the engine—it was in very good condition—according to its appearance I should not have

liked to have been near it if worked above from thirty to forty pounds—I was there when the explosion took place—the fire was lighted before breakfast, early in the morning—I saw the prisoner afterwards there, a few minutes before the explosion—the boiler was in the open air—I was before it three or four minutes before the explosion, anjd about fifteen feet off at the time—the wood might have been moved afterwards, but at the time I passed it it wat similar to what it is here, leaning against the boiler—there was a nail in the wood—the handle of the valve was placid on the nail—it lodged on the nail driven into the wood, which would prevent the handle going down any lower—it might he from two to three minutes before the accident that I saw it in that state; I cannot speak to a minute—the steam was blowing off from the safety-valve at that time but slightly—I judge of that by the sound of the steam—the noise was not much—I cannot say that I had heard the steam blowing off freely at all that morning—I had on Monday—it was not then attached to the engine, but the steam was up, and it blew off from the safety-valve—there was a pipe connected with the funnel—it made its escape up the funnel—it went by the side of the funnel, and then up the funnel—the noise I beard, when I saw the wood, sounded like the steam escaping; it made Us own peculiar noise—I went in front of the boiler about five minutes before the explosion, to thaw some ice in a small pipe attached to a can, and just before leaving the front of the boiler, Mr. Low came and stepped into the hollow in frost of the fire—I passed on, and in three or four minutes the explosion took place.

COURT. Q. Then he came up and took your place? A. Yes—I aaw the handle hanging on the nail—Mr. Low was in front of the boiler when the nail and wood were at the side of the boiler—I did not see him by the nail—I had noticed the nail both going to the boiler and coming from it—Mr. Low had not been there all the time I was there—he was in front when I left—I do not know where he came from—I heard nothing said about the nail or wood—Mr. Low superintended the boiler—Whitcombe attended to the fires and so on—several remarks passed among the men about the engine not working—what they were I cannot say—I did not hear Low say anything on the subject.

Cross-examined. Q. I believe the engine was just about to be stopped, to see the reason it did not work? A. believe that was the case—the fires were very low—I cannot say whether before the wood was put there the iron handle was in the habit of getting connected with the rivet of the boiler, and making it fast—it was not my place to look after that—I had seen Low trying the piston-rod with his hand, and by that means I heard a greater escape of steam—I do not know who fixed the handle against the nail—there was plenty of water in the boiler, and very little fire—the engine had been tested the Monday before for about an hour—I cannot tell the power it had been working—there was no steam-gauge—I was nearly at the btek of the boiler at the time of the explosion—Mr. Low was very seriously injured.

MR. BODKIN. Q. How do you know there was plenty of water in the boiler? A. I saw it in the water-gauge in front of the boiler.

THOMAS WHITCOMBE . I live in Brunswick-street, Blackwall I was in Messrs. Samuda's employ, and suffered from the explosion—I had the management of the fires and the engine too—the fires were lighted, between seven and eight o'clock—I saw the wood by the side of the boiler—I cannot say who put it there—I should say it was there merely to keep the valve partly closed, to keep up the pressure of the steam—I cannot say

what pressure there was immediately before the accident—there was nothing to prove the pressure unless it was the weight of the valve—the steam did escape a little previous to the accident—I cannot say either way how the valve was at the time—I was in front of the boiler—Mr. Low was, to the best of my recollection, at the side of the boiler at which the wood was immediately before the accident—I was blown some distance—there was a box to the safety-valve—I do not know anything about the making of that—I saw the man placing it on, but it was not my place to inspect it.

Cross-examined. Q. Was there as much as a shovel-full of coals on both fires? A. I should say not more in each fire—the engine was going to stop, to see what was the matter—it had stopped already, for it would not go—there was plenty of water—the gauge was up two inches and a half—it was no use to make up the fire after I saw it would not act—everything was thrown off—the engine had nothing but herself to drive, and would not drive that—the engine never went, from the time we set it off till the accident—we had to turn the fly-wheel round to make her go—we never got it fairly at work—the steam was no use to the engine—it had been tried on the Monday, and the engine had been exposed to a pressure of between 50lbs. and 60lbs. to a square inch—the valve acted on Monday the same as on Wednesday, when the steam was up.

MR. BALLANTINE. Q. Could you tell the amount of pressure on Monday? A. Only by the safety-valve—I judge by the weight on the lever, which was between 50lbs. and 60lbs.—I could tell that by looking at it—I cannot say whether any wood was used on Monday to prop up the lever.

JAMES COLE . I was foreman of the labourers to Messrs. Samuda when this happened. I saw the body of Thomas Wright at the end of the boiler just after the accident—he was quite dead—I have nothing to do with the engine.

EDWARD BELL . I am a civil engineer, and have been so eleven years. I have been eighteen years in the profession—on the Monday following the accident I examined the fragments of the boiler—they had been removed—some parts of it were driven a considerable distance, and some buried in brick work by the force of the explosion—judging from the appearance, I should have felt myself safe by the side of that boiler at a 25lbs. or 30lbs. pressure—I examined the safety valve—I believe the valve would not admit of sufficient space to relieve the boiler, if it had acted as freely as it could at the pressure the boiler was able to bear; but if it was able to sustain a greater pressure, a smaller valve would have done—there was only a sufficient escape of three inches—I cannot say whether when the explosion occurred the safety-valve was in action or not—when I saw the box of the valve, it had been blown some distance, and the lever was bent by being thrown against something—part of the valve was attached to the box—if the space round the valve had been acting freely, it could not have happened, but a three inch valve at the pressure the boiler was able to bear was not sufficient.

Q. You saw the effect of the explosion; now, having regard to the imperfection, in point of size, of the valve, can you form a judgment whether an explosion of that intensity could have happened if the valve had been acting? A. No, if the valve had been acting, I think not—I believe if the valve was high enough to admit of three inches to escape, it would have escaped—the explosion was so terrific, I should say it was impossible for the pressure to be less than 100lbs.—I never saw anything to equal it—the boiler was not capable of bearing that—if it had been, and

the valve was acting freely, it might have relieved itself—I consider it a low-pressure boiler; and it is the practice to put a safety-valve an inch in area, to every foot of fire-grate, every superficial foot of fire—this was rather below that, but I consider the valve quite big enough to admit of the escape—I infer from what I have stated, that the valve could not have been acting.

Cross-examined. Q. What is the difference between a high and low-pressure boiler? A. It depends on the form—high-pressures are generally made circular—it depends on the strength—a circular form is the strongest—the steam could not escape if the valve was down—I do not know how the witnesses could tell that the steam was blowing off freely—if there was no fire, the valve would let the steam off freely—it all depends on the heat of the fire.

MR. CLARKSON to JAS. COLE. Q. Were you on the premises that morning, at the time Low was superintending the work going on? A. Yes—I believe he was paying every attention to his duty—his character is that of a cautious, able, and experienced engineer.

PETER CRYER . I was in the employ of Messrs. Samuda when the explosion took place—I saw the boiler after it was attached to the engine—I saw the steam-valve box, and examined it—I fixed the joints of the safety-valve, and put the seat of it into the steam-chest, under Mr. Low's direction—I cannot say whether he was present when I did it—I did not measure the area of the valve—I saw the boiler at work about three quarters of an hour before the explosion—I saw no piece of wood there—I think I should have seen it if it had been there—the handle was then placed on the boiler, supported on the boiler, on the rivet or joint of the boiler—I fetched Mr. Low to it, and asked him if he had placed it there—he said, yes—that would hinder the safety-valve opening.

Cross-examined. Q. Was that before the steam was up? A. There was steam in the boiler at the time—I cannot say whether it was properly up—the rivet was higher up than the wood stands on this model—the handle would reach about the centre of the body of the boiler.

Q. If there was a piece of wood and a nail, it would enable the handle to be lower down, would it not? A. That depends on where the wood was placed—I cannot tell which rivet I saw it against.


(The prisoner was charged on the Coroner's Inquisitions with killing and slaying four other persons, occasioned by the same explosion; upon which no evidence was offered.)

Before Mr. Baron Alderson.

12th May 1845
Reference Numbert18450512-1049
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment

Related Material

1049. ANN BUCKLEY, ELLEN BRIEN , and JOHANNAH FITZGERALD , were indicted for a robbery on James Mullen, on the 16th of April, and stealing from his person, and against his will, 3 sovereigns; 1 half-sovereign; 7 shillings; 1 sixpence; 1 groat; and 1 dollar, his monies: and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to him; and that Fitzgerald had been before convicted of felony.

MR. CLARKSON conducted the Prosecution.

JAMES MULLEN . I am a seaman, and belong to the Spartan. On the 16th of April, at night, I met the prisoners, Buckley and Fitzgerald at

Johnson's-change, Rosemary-lane—I had a pint of beer—I was not drunk—they asked me if I would let them have some gin, and invited me into a house—I went into Buckley's house—she asked me to send for some gin—I gave her the money to go for it—she brought some curious coloured stuff for gin—it was the colour of wine or beer—I told them I should not take it at all—I did not taste it—I went to try to get out at the door and they pitched into me there and then—Brien was in the house when I went in—all the three women were in the room, and there was two more girls, but they cut as soon as the row began—I was knocked down and what money I had about me taken—they cut my face in the fall, and the skin was knocked off my hands—I did not taste the gin—I never put it to my lips—when I got up to get out they held the door fast—I could not get it open—they had fastened the door before—when I was on the ground two girls held my arms and legs while Buckley took the money out of my inside jacket pocket—I had 3l. 15s. there, a Spanish dollar, some shillings, two fourpenny pieces, three sovereigns, and a medal—I lost that too—after Buckley got my money out I got up—they went to make their escape—they wanted to go out of the room, but the policeman stopped them—I have seen my dollar since—I knew it to be the one I had by a mark which I had noticed before I lost it.

Cross-examined by MR. PAYNE. Q. What time was this? A. Between eleven and twelve o'clock—I had drank nothing but a pint of beer that night—I had not a drop of liquor—what they brought was a darker colour than gin—I said I had often drank gin but never saw it like that.

Q. Did not you wish to get at it, but they would not let you because they were too many for you? A. I did not wish to have it at all—I never tasted it—it was seven o'clock when I came out of the Dock-gate—I went and got some clean clothes on—I had only had a pint of beer that day, except in the morning—before breakfast I had a glass of beer, nothing else—this is my signature to this deposition—(read) "When they brought the gin it was rather over coloured—I wished to get at it but they would not let me—there were too many of them—I tasted the gin they brought, but did not like it."

COURT. Q. Now you say you did not taste it? A. I never tasted it at all, I will take my oath—something was read over to me at the office before I signed it—I do not know what it was.

MR. PAYNE. Q. Do you mean to persist in swearing you had no liquor at all? A. I never drank a drop—it is not true that I tasted the gin they brought, but did not like it—I gave them no money except for the liquor—I was not there above two minutes before this took place—they did not ask me for money.

Brien. Q. Was I in the room when you first came in? A. Yes, she was just standing at the door.

Fitzgerald. Q. Did not you give me eighteen pence to give Buckley, and she brought the change? A. I gave her a shilling for the gin—there was no time to look for change.

JAMES O'CONNOR (police-constable H No. 177.) About twelve o'clock at night, on the 16th of April, I saw Fitzgerald and Brien in Johnson's-change, and stopped them, seeing the prosecutor running after them—he charged them with having robbed him of 3l. 15s. 0d.—he took me back to Buckley's house—I took the two prisoners there with me—he pointed out Buckley as one of the persons—I took them to the station—before I got

to Buckley's house with Fitzgerald and Brien I saw Brien stoop—I afterwards went to the spot where I had seen her stoop—I pointed it out to Fony, and there he found a Spanish dollar, a fourpenny-piece, two-pence in copper, and two sixpences, in a heap of ashes.

Cross-examined. Q. You found Buckley in the room? A. Yes—Fitzgerald and Brien were about seven yards from the house, running in a direction from the house.

Brien. You did not see me drop tine money; you had hold of the sleeve of my frock. Witness. I am sure I saw her stoop to do something.

CORNELIUS FOAY (police-constable H 98.) I was at Denmark-street station on the 16th of April, and in consequence of what I heard I went to Buckley's room—I found no money—I afterwards went to the heap of cinders, about six yards from the house, and found a Spanish dollar, two sixpences, a fourpenny-piece, and twopence in copper—the prosecutor described a mark on the dollar, before I showed it to him, and I found it there.

Cross-examined. Q. You did not find any sovereign? A. No.

MART HORAN . I am the wife of Patrick Horan, a police-sergeant. I searched the person of the prisoner Buckley—I first asked if she had any money about her—she said, "No"—between her stays and shift I found half-a-crown—I found on Fitzgerald two sixpences, a fourpenny-piece, and fourpence halfpenny in copper.

Brien's Defence. About half-past nine o'clock I was on Tower-hill, and was taken ill; I went to bed; two females came to the door with this man; Mrs. Buckley was sitting by the fire; I got off the bed, and sat on the step of the door for a quarter of an hour while he was in the room with the two girls; the policeman came up, and turned this young girl from the door; in about a quarter of an hour, another female came to the door, and wanted to drive the man out, saying she would give it to the girl for taking her man away; I ran on the other side of the way, to get from them, and never moved till I was taken.

Fitzgerald's Defence. I met this man about half-past nine o'clock on Tower-hill; be took me into a public-house and called for a quartern of gin; two girls came up and asked him for gin, which he gave them; he called for another quartern and a pot of beer; he asked me to go to a house with him; we went to Buckley's; the women followed us all the way; the prosecutor went in with me, and gave her a shilling to get gin; and when she came back he said he did not want me to stop longer; a man came and stood in the passage; I ran out after the other girl, and he ran after me.

EDWARD BURGESS (police-constable H 198.) I produce a certificate of Fitzgerald's previous conviction—I was present at her trial at this Court, and swear she is the person—(read—"Convicted Sept. 1844, and confined Six Months.")



Transported for Fifteen Years.

BRIEN— GUILTY . Aged 17.— Confined Two Years.

OLD COURT.—Thursday, May 15, 1845.

Fourth Jury, before Edward Bullock, Esq.

12th May 1845
Reference Numbert18450512-1050
VerdictGuilty > pleaded guilty

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1050. THOMAS WALLIS was indicted for feloniously forging and uttering an order for the payment of 115l. 5s. 7d., with intent to defraud William George Prescott and others; to which he pleaded

GUILTY . Aged 16.— Transported for Seven Years.

(Daniel Cooper, merchant, Copthall-chambers, deposed to the prisoner's good character.)

Before Mr. Baron Alderson.

12th May 1845
Reference Numbert18450512-1051
VerdictGuilty > unknown

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1051. JOSEPH CONNOR was indicted for the wilful murder of Mary Brothers.

MESSRS. BODKIN, CHAMBERS, and HUDDLESTON conducted the Prosecution.

MARY PALMER . In March last I lived at No. 11, George-street, St. Giles's, as charwoman. On Monday night, the 31st of March, I recollect a man and woman coming there about a quarter to eleven o'clock, to the best of my opinion—I never saw the man before—the woman went by the name of Mrs. Tape—she asked for a threepenny room, and the man gave me the 3d. out of his hand—he was dressed in a cap and a velveteen jacket—I did not show them to a room—I gave the light to the woman—she found her own way, and the man went with her into the back parlour—after they had gone I stopped a bit in the front parlour—I then came out and sat down on the stairs for a few minutes—after they had been in the back parlour a short time, it might be a little better than five minutes, I heard the cries of murder—it was the cry of a woman—she repeated it three times after the first cry, "Murder! murder!" Justin one breath—I got up and knocked at the door of the back parlour—I knocked twice without receiving an answer—I then put my back to the door and forced it open—I then saw the woman sitting on the bedstead, and the man standing over her with his hand up over her neck—his hand was not stirring at all—I thought he was beating the woman—I said, "For God's sake do not beat the woman"—he turned round and faced me—there was a glimmering light in the room—there was not much candle—a little bit—he did not say a word—he came from the bed and came out at the door—I was close against the door—I caught him by the outside pocket of the coat as he was coming out at the door to run away—he forced his coat out of my hand, caught me round, and threw me up by the fire-place—in doing so he took hold of the front part of my shawl, and left marks of blood upon it—he succeeded in getting out—the woman got up off of the bedstead and walked to the fire-place, just as I was getting up—she had her hands up to her face so that I could not see any blood—she never spoke—she gave a bit of a stagger, and down she fell against the fire-place—I called out to the landlady of the house, "Mrs. Hall, stop that man"—he was out of the passage before I had time to get out of the room—I saw him in the passage at the street-door—Mrs. Hall had hold of him—he forced himself away from her, opened the door, and went away—I returned to the back parlour immediately along with Mrs. Hall—she brought a candle—I found the woman lying, making a great noise, but she could not speak—there was a knife sticking in the side of her neck—I then went for an officer, and found Allen down by the station, standing at the corner—he came immediately, and he pulled the knife out—I afterwards

saw the prisoner the morning after he was taken up on the Thursday—I cannot tell the day—it was three or four days afterwards, he was in the police office—he was then dressed in a cap and a short round jacket.

Q. Do you know who the man was who you saw with the woman that night? A. I did not take particular notice of him—I cannot swear the prisoner is the man—he very much resembles him.

Cross-examined by MR. BALLANTINE. Q. Was it not a quarter after eleven that the person came? A. No—I am certain it was a quarter to eleven, and have always been so—it was not eleven o'clock when Allen came, it was about eleven—the clock struck afterwards—I was examined at Bow-street, and before the Coroner—I am sure it was a quarter to eleven when the man came into the house, and not a quarter past—nobody has been talking to me about the time, since the prisoner's committal—I have given no statement to any one since—last Thursday or Friday I went down as far us Charing-cross to see a gentleman to give my evidence—I told him it was a quarter to eleven, if he asked me the hour, but I do not know whether he did or not—he asked me some questions, and I answered them accordingly—I believe he said, "What hour was it?" and I think I said, "A quarter to eleven"—I will swear it was a quarter to eleven—Allen was the first person that came in—I told him the man had on a velveteen jacket and a cap—I gave no further description—Allen said he saw a man run past him, but did not know he had committed the murder—Allen did not say who the man was—the first time I saw the prisoner after this occurrence was at Bow-street—I was taken there for the purpose of seeing him by an officer, I believe Pocock, but I cannot properly tell—it was not by Allen—Allen was there—I saw the prisoner there in the dock—I had never heard anything about Connor before that—no one had told me that he had uttered threats about the deceased—I never heard anybody speaking about him—I do not live in the place—I live not far from it—I did not hear the name of Connor before I saw the father up at the Coroner's—they said his name was Connor—I had not heard that Connor had been threatening Mrs. Tape—I had not known her long—I had seen her about—she was a tallish woman, and very good looking—her sister said she was forty-five years of age—she appeared to be about that age—there was not a spot of blood on the bed—there was some about the walls, where it splashed over, and down on the floor where she had held her head over—it was a little sprinkle like about the walls.

MARY HALL . I am the wife of John Hall, and live at No. 11, George-street, St. Giles's. On Monday night, the 31st of March, I was in my parlour, and heard Mrs. Palmer cry out—I think it was as near as possible a minute or two to eleven o'clock—it was nearly eleven—in consequence of hearing her cry out I went into the passage—I met a man there running as fast as he could—he pushed me on one side—he tried to knock me down—he was running towards the door, and coming from the room into which I afterwards went—I said, "Oh my God! what have you been doing to that poor woman?"—he made no answer, but ran out at the front door as quick as he could—there was no light for me to see him at that door—there was a light lower down—I could not see what dress he had on—I caught hold of the bottom part of his velveteen jacket—I could feel that it was velveteen—I could not see whether he had anything on his head—I directly went into the room, and there saw Mrs. Tape down on the floor—I do not know who the man was—I never saw him before—Mrs. Palmer

went for a policeman, who came as quick as possible, almost immediately—it is not far—no man or any one else left the house while Mrs. Palmer was away—there was no other man in the house I think.

Cross-examined. Q. Do you know whether there was any other man in the house? A. I do not believe there was one.

JOHN JAMES ALLEN (police-constable E 159.) I was on duty on Monday night, the 31st of March, at a little before eleven o'clock, standing at the corner of Clark's-mews and George-street—I know No. 11 very well—I was on the same side of the street as No. 11, and fifty-two feet from it—I have measured it—a little before eleven o'clock I observed a man come from No. 11 towards me—before he came up to me he crossed over the way, when he was from nineteen to twenty feet from me, and passed on on the other side of the street—he had on a dark coat, I believe a velveteen coat, and a cap—I believe there was a peak to the cap—I would not swear positively whether there was a peak or not—about five or six minutes after that man crossed over I was fetched to No. 11—I had remained all that time at the corner of the street—I did not observe any one else come out of No. 11 before Mrs. Palmer came to me—no one could well do so without my observation, because the door went on a creak, and I heard the door close when the man ran out—I heard the noise, and also when Mrs. Palmer came out—I heard no such noise in the interval—on hearing what Mrs. Palmer said I went directly to No. 11 with another constable—I found the deceased in the back room lying on her side, with a knife sticking in her neck behind the ear, with the handle upwards—she made a sort of smile, and moved her eyelids—there was some motion of her muscles as I drew out the knife—I produce the knife—she did not speak—I cannot say whether she died immediately, for directly I drew out the knife I ran for a surgeon—I was gone a very short time—when I returned she was dead—I have preserved the knife ever since—I afterwards saw Mr. Brothers at the inquest—he saw the body of the woman that I found in the back parlour—I have no doubt who the man that passed me was, but I would not swear positively—I have no doubt the prisoner is the man, but I would not swear it positively—I have a strong belief that he is the man—I knew him before, I should say for about three or four years—I am in the habit of seeing him frequently as I cross Seven-dials, and the neighbourhood—I did not know where he lived—I never spoke to him that I am aware of.

COURT. Q. Did you know what business he was? A. No—I always took him to be a porter, something of that sort—I have seen him in company on Seven-dials, resorting with thieves.

MR. BODKIN. Q. How long have you been on that beat lately? A. On and off, five years—Seven-dials is sot on that beat—I was never on the Seven-dials beat, except going that way—I knew him by sight, casually seeing him in the street in that direction.

Cross-examined. Q. The man you saw coming out of the house came out very hastily? A. Yes—he passed close to me—the street is about twenty-six feet wide—he was running very fast—I know of several persons being apprehended for this murder—I did not apprehend any myself—I gave a description of the person to Mr. Maude, the inspector on duty—I was the first person that reported the matter—a person of about forty or fifty years of age was taken up—I saw that person in custody on the charge—I said he was not the man.

COURT. Q. Before you described him to Maude, had you had any conversation with Mrs. Palmer? A. I went immediately to the house—I asked her to describe the man to me—she said he had on a velveteen coat—I described him to Mr. Maude that night, immediately I took the knife—I know Bridget Ronan and Elizabeth Hill by sight—I had no conversation with either of them before I gave the description to inspector Maude.

ELLEN NAPIER . Napier is my real name—I always went by the name of Scott—I knew Mrs. Tape—I recollect the night she was murdered—about a month before that I saw the prisoner—it was about seven weeks altogether that I first saw him—he was a stranger to me—the first time he asked me if I had seen a stout woman about forty—he did not mention her name—he said, "Have you seen that woman? she has given me the clap"—I said "I do not know you, you are a stranger to me, can't you mention the name of the person you wish to see?"—he said, no, he did not know the name—about a week, or it might be nine or ten days after, he came up to me, and asked if I had seen that woman—I said, "No, I don't know who you are alluding to"—this was just by the chapel in Charlotte-street, Bloomsbury, where we used to walk of a night—I saw him, perhaps it might be about another week afterwards, and he asked the same question again—I asked the name, and said, "There are three or four about our size that walk here," and I mentioned my own and all their names—I said, "Perhaps it is Mrs. Tape you mean?"—(she used to walk there in general with me)—he said, "Well, it must be her"—for I mentioned them all, and he did not know them, nor their names—I met him again in the course of perhaps another nine days afterwards—he said that he had got the clap, and he should never get rid of it (he had told me the first time that he was ill with it, and should never get rid of it)—he said if he could see her he would give her a stinker—on these occasions he was dresfttd in a velveteen coat and a hat—that was the fourth time I saw him dressed in that way—on the night of the murder I saw him by the chapel in Chariotte-street, Bloomsbury, about a few minutes before nine o'clock—he then had on a hat and a short jacket, it was not velveteen—I was walking up and down by myself—that was the usual hour when we were walking up and down—I said to him,"Now, if you wish to see Mrs. Tape, as you have asked me so many times, in a few minutes you will see her"—Mrs. Tape and Caroline Graham came up together—the prisoner said to Mrs. Tape, "Well there you are now; that is the person I wished to see"—he said directly, "You have given me the clap"—she said directly, "I do not know you"—he said, "But you ought to know me, you do know me, for I have bad you twice"—she said, "I don't know you at all, I never saw you in my life"—he said, "You ought to know me," and taking hold of his jacket, he said, "If I had on my velveteen coat you would know me better"—a policeman then came up and we were obliged to walk on—I left the prisoner and Mrs. Tape talking together by the chapel—she came on directly, she walked away from him, and came towards me—I saw him again and spoke to him a second time—I saw him speak to Bridget Ronan—he then came and spoke to me again—he said he would not do any thing to her, he would not hurt her—I crossed over the way, and left him talking with Biddy Ronan—I went somewhere, returned in about ten minutes, and found Mrs. Tape there again—Mrs. Tape, and I, and Carry, went and had something to drink—about-half past ten o'clock we were walking separate up and down, and I saw a man speak to Mrs. Tape just by the

chapel, at the corner of the New road, and soon after that I saw her and the man go into No. 11, George-street—I did not see that man's face, his back was turned to me—he was dressed in a velveteen coat and a cap—he was much about the same size as the prisoner.

Cross-examined. Q. Were you examined before the Magistrate? A. No—I was at the Coroner's, but was never asked any questions—I gave my statement before last Session—I did not know where the prisoner worked, where he lived, or his name—I told Mrs. Tape a strange man had been asking for her—I heard of the murder about a quarter after eleven o'clock—I did not go before the Coroner from curiosity—I went because I had heard of her being murdered—I had heard Connor's name mentioned—I mentioned about his asking for Mrs. Tape—I had no conversation with the policeman before I went to the inquest—I mentioned the conversation I had with Connor before I went before the Coroner—I did not mention it pretty generally—I did not know Connor's name at that time—I first heard his name when he was taken to Bow-street—(I saw him in Newgate)—I had not before that told any policeman what I have stated to-day—a policeman came for me to go to Bow-street—he must have known that I knew something about it—I had not told him nor any other policeman—I had mentioned that a young man had this conversation with me four or five times, before I went to Bow-street—I had mentioned it to the superintendent.

MR. CHAMBERS. Q. When you were taken to Newgate did you see Connor alone, or was he with other persons? A. With several other persons—he was walking up and down the yard—I picked him out, and knew him directly—after the murder, I and the other girls talked about having seen the young man—the superintendent asked me some questions about it, and I then went to Newgate.

CAROLINE GRAHAM . On the night of the murder I was in Charlotte-street, Bloomsbury, with Scott and Mrs. Tape—I saw Connor—the first time I saw him, he came up to the deceased, and said, "I have been looking for you for this last seven weeks; don't you recollect me—she said, "No, I do not"—he said, "Oh yes, you do; for the last time that I had you was seven weeks ago, and you gave me the clap"—she denied all knowledge of him—he said, "Oh yes, you do know me, but I was not dressed the same as I am now; I had on a velveteen coat and a cap"—he had on a jacket and a hat at this time—she denied all knowledge of him, and I said he must be mistaken in the person, for I knew she was clean—I saw a policeman coming up some time after, and I walked away with Scott, leaving Connor in company with the deceased—that was at nine o'clock—the last time I saw the deceased that night was about half-past ten—I saw her joined by a man, and go away to No. 11—I cannot swear that was the prisoner—by his appearance that distance off—he was about the height of the prisoner—he was dressed in a shooting-coat and a cap.

Cross-examined. Q. You were not either before the Magistrate or the Coroner, I believe? A. No, I was here last Session.

BRIDGET RONAN . I am sometimes called Biddy, I get my living by walking the streets in the neighbourhood of St. Giles's; I know the prisoner. On the Saturday before the murder I saw him at seven o'clock in the evening, in George-street—he had before that told me he was labouring under the had disorder, and that the old b----Mother Tape gave it to him—he did not say much to me that Saturday—I did not stop many

minutes talking to him—he told me he had got a little better—that was all that passed—I saw him again on the Monday night, about half-past line o'clock, in Bloomsbury-street, near the chapel—he was by himself—he crossed to me—I did not see whether he left any one—I asked him low he was—he said, "Much the same"—he asked me how I was—I said, "I am very well"—he said, "I have just been blowing the old b----up, and she denies all; if I come up to her in these clothes, the will know me; I will go home and change my clothes, and then she won't know me"—he had on then a fustian jacket and a hat—I am sure he said she would not know him—he said, "I shall put on my black coat and my cap"—he then left me—I saw him again about ten minutes after, as near as I can judge, when he came back to me—he then had on his black I velveteen coat, and a cap with a peak—became and looked straight in my 'face, and said, "Do you think she would know me now?"—I said, "Yes why should not the woman know you?"—that was all that passed—he said he had something at home to pepper her—that was before he went to change his clothes—he has frequently said, when I used to meet him, that he would pay her out, serve her out—he did not say it that night—after this second conversation, I went in another direction—I was gone about three quarters of an hour—when I returned, I found a mob of people about No. 11, and heard that a murder had been committed.

Cross-examined. Q. I believe when he put his face close to you, and said, "Do you think she will know me?" you told him she certainly, would? A. I said, "She certainly would, why should not the woman know you?"—when I heard this murder had been committed I at once told the conversation I had had with the prisoner—I did not know his name at that time, or where he lived or worked—I believe the person I first told of this was the person at No. 10, George-street, where I ran in, and they told the policeman—I did not tell the policeman—I ran directly and told somebody at No. 10 that very instant—I described the person of Connor as well as I possibly could, but I did not know his name—I had known him about a twelvemonth.

ELIZABETH HILL . On the night Mrs. Tape was murdered I saw the prisoner, a little after nine o'clock, by the chapel, in Charlotte-street—he passed by me, but did not speak—I saw him go up and speak to Mrs. Tape—Graham, Scotland she, were together—I do not know what he said, but I heard Mrs. Tape say, "I did not"—he had a hat on at that time—about a quarter of an hour after I saw him at the corner of Pine-street—he patted me on the shoulder, and said, "How are you, old girl?"—I said, "Very well, thank you; how are you?"—he said this Mrs. Tape, the old woman, had given him the clap—I said I was very thirsty, would he give me half a pint of beer—he said, "Yes, two, if you like"—he said, "I had a hat on when I saw you before, but I have been home and put my cap on"—he afterwards asked me to go and examine him, and. offered me a fourpenny-piece for it—he was standing at the corner of the street, and he said, "I know you have a room of your own; if you will, take me home, and see what is the matter with me?"—he had only a four-penny bit, which he gave me—I had an opportunity of seeing how he was dressed when he went to my room—he had a cap and a velveteen coat on—my room is a very little way from No. 11, George-street.

Cross-examined. Q. I believe, as far as the result of your examiuation went, you had no reason to suppose he had. any disease upon him? A.

No, and that I told him—he had nothing the matter with him, to my knowledge—I informed him so—it was after ten o'clock when I examined him—I know Mr. Oldham's, the cutler's shop—the place where I examined him is not near to Oldham's, but nearer to where the murder was done—Oldham's is about five minutes' walk from it—he did not take off his coat while he was there.

MR. CHAMBERS. Q. When you had examined him did you tell him what you thought about it? A. I said I could not see anything—he said he had been under the doctor, but he was getting better.

HENRY OLDHAM . I am a cutler, residing in High-street, St. Giles. My shop is about 300 yards from No. 11, George-street, or hardly so much, in one direction—I know Endle-street—that is about the same distance from my shop—on the night of the 31st of March I waa in my shop, and sold the knife produced—I know the person to whom I sold it—it was the prisoner—he came into my shop about ten minutes to ten o'clock, as near as I can judge—when he came into the shop he said, "What is the cheapest small carving-knife you have?"—I said, "I will show you some directly, I believe I have some secondhand ones"—after I had finished what I was about, which was in the space of half a minute, I went round to the other side of the counter, and took three carving-knives out of a drawer—I was on one side of the counter, and he on the other—there was a very good light in the shop, three gas burners—he spoke to me across the counter—the counter runs in two directions—I went round to another part, still keeping inside the counter—he accompanied me round on the outside, and stood opposite me there the same as before—I took the three carving-knives out of the drawer, and placed them on the counter before him—I said, "These are a shilling each"—he examined them—he took all three together into his hand, and examined each of them—no observation whatever passed from him—he put down a shilling, and was about to take one of the knives which he had selected away—he kept one in his hand, and put the other two down, and was about to leave the shop—I said, "I will wrap it up for you"—he came back, and gave the knife back into my hand—I went round the counter, and set the edge of it on a stone that we have for the purpose, then wrapped it up in paper, and gave it to him—nothing more passed—he then left the shop—I did not notice his dress particularly—he had a hat on, I am certain, and a dark coat, but what kind I do not know—I had no recollection of having seen him before—he was quite a stranger to me—I saw him again on the following Friday, I think—he was then in custody.

Cross-examined. Q. When you use the term coat, you have no doubt it was a coat with tails to it? A. No doubt at all—I am sure it was—when I was first examined before the Magistrate I had a strong impression that the prisoner was the man—he asked me a question, and my impression was strengthened by hearing his voice—I had then heard of the murder—I did not give information respecting the purchase of the knife—I was called out of bed at seven o'clock the following morning by one of the inspectors of the E division of police, who showed me the knife—I then told him I had sold it the day before, and described the person—I did not tell him that although I recollected his dress I should know him better by a blotch on the side of his nose—I said nothing at that time about a blotch on the side of his nose—I mentioned a blotch, but not that I should know him by it—I told him that my daughter, a little girl ten years of age, had told me that she should

remember the man again who purchased the knife, and she thought he had a blotch by the side of his nose, not that she would know him by that particularly, but that she thought he had a blotch—I hare never told anybody that I should know him by a blotch by the side of his nose—I never said that I noticed a blotch by the side of his nose—I was not in constant communication with the police after I gave this information, once or twice I possibly, not more—I did not hear that a young man had been using threats towards the deceased—I did not know of it till after the prisoner was taken into custody—I did then hear that he was a person who had been using a threats against Mrs. Tape—not before I saw him—one of the police-officers from the Bow-street station came and fetched me and told me that Connor was taken into custody—I do not know the officer's name—I am not aware that he is here—he did not tell me that a young man was taken into custody who had used threats towards the deceased, nothing of the kind—he said that Mr. Pearce had just brought a man to the station-house, that they believed to be the man—that was all—I saw Pearce before I saw the prisoner—I had no conversation with him about the prisoner—he merely said that the man would be brought out—that was all the conversation we had till after I saw the man—he did not, after I had seen him, tell me a word respecting the threats, nor before I was examined—I never heard a word from Mr. Pearce about it before my examination—I had heard it rumoured, nothing more—I was present before the Magistrate—one of the women was examined first—I rather expect it was Bridget Ronan—I do not know whether Elizabeth Hill was examined second—I was not in the office—I did not hear them examined—we were placed in a room at the office and called in one after another—I had heard it rumoured about these threats.

Q. And at the time you were taken to see Connor you had no doubt he was the person that used those threats, had you? A. I had not thought on the subject at that time, I assure you—I saw him first at the station-house on Friday evening, and on Saturday he was before the Magistrate.

COURT. Q. On Friday evening before you saw him, you had not heard I that a man was in custody who had been threatening the deceased? A. No, nothing of the sort—my great certainty was not till after I had finished my one examination before the Magistrate—the chief reports that I heard were from I one and another of the witnesses in the waiting-room.

Q. Then you had heard there were reports of that sort before you were examined before the Magistrate? A. Precisely so, I had—the man was in I my shop altogether, I should say, two or three minutes—he had his hat on all the time—the only words he made use of while he was in my shop was asking me whether I had the knives—that was the first question he put to line—he said nothing after that—I was more sure of him when I heard him I put a question to me before the Magistrate—that was the second time I heard his voice—he did not speak in the station-house.

Q. What was there remarkable in his voice? A. I cannot describe precisely as to the tone of voice, but my impression was as to his age more than anything else, that he was from nineteen to twenty, that he was a man who had not reached manhood—it was not a set voice—it was from his voice that I judged more particularly as to his age, that it was the voice of a person in some degree changing its tone from boy to man.

Q. What opportunity had you of seeing his face during the time he was in the shop? A. He directly faced me when he came in at the door—the breadth of my counter is about thirty inches—he stood directly in front of

me when he came in, and when I went round to the other side he stood directly in front of me again—I saw his face—one gas light was directly over his head—that would throw the shadow of his hat over his face—the other gas lights were in the window, about two yards from where he was standing—they gave a very good light indeed in the shop.

EMILY ELIZABETH OLDHAM . I am ten years old. I was in my father's shop on Monday night, the 31st of March, when a man came in to purchase a carving-knife—I noticed the man—I was standing by my father's side when he came in—I did not continue standing there all the time the man was there—when he was looking at the carving-knives I was standing at the same place where I was when he came in—I could see his face well while he was looking at the carving-knives—my father went round the counter—I went out then to buy some biscuits, and left the man in the shop with my father—he was looking at the carving-knives when I went out—I think I should know him again—that is the man—(pointing to the prisoner.)

Cross-examined. Q. Do you notice any blotch on his nose now? A. No—I noticed a blotch on that night—it was not very large—it was sufficiently large to attract my attention—it appeared to be a large pimple—it was rather red—I went with my father to see the prisoner—I was told I was going to see the man who bad purchased the knife—I said I should know him with the blotch, and I should know him without—I was not above a minute in the shop with him—my father has plenty of customers coming in to buy knives.

COURT. Q. When you saw him was it before the Justice, or at the station? A. At the station—he had no blotch on his nose then—that was on the Friday evening, after he was at the shop—the blotch was on the left side of the nose.

MR. CHAMBERS. Q. Did your father tell you why he took you to the station? A. To know whether that was the man—I was told I was going to see a man, and I was to say whether that was the man.

WILLIAM POCOCK (police-constable F 81.) In consequence of information I received on Friday evening, the 4th of April, I went to No. 15, Endle-street, Longacre, to the two pair front room—I there found this velveteen coat, which I produce—it was hanging on a peg behind the door, and two more coats hanging over it—I did not examine the cuffs of the coat then—it was candle light—I did the following morning, and found some blood on the right band cuff, and a little on the left—the marks are as visible now as they were then—there is also a stain, I believe of blood, in the lining inside the right hand pocket—I also produce a hat and cap, which I found in the same room—the cap was hanging behind the door, and the hat was in a hat-box—I also found six hospital tickets, some in a drawer, and I believe two in a box—I have one separate from the rest.

Cross-examined. Q. Was this at his father's house? A. Yes.

NICHOLAS PEARCE . I am a superintendent of police. About five o'clock in the afternoon of the 5th of April last I went to No. 4, Stonecutter's-alley, Gate-street, Lincoln's-inn-fields—I went to the door of the first floor front room—it was fastened inside—I knocked at the door—some one cried out, "Who's there?"—I made no answer, and in about a minute the door was opened by a female—I went in, and found the prisoner there, sitting down—I asked his surname and Christian name—he said, "Joseph Connor"—I then informed him I was an officer of police—I was not in my uniform at the time—he made no answer to that—I went to the window, and caused

a policeman to come and take the prisoner into custody—I then took him down into the yard, and said, "Connor, I have told you I am an officer, and I shall take you into custody for murdering a woman named Tape, in a house in St. Giles"—he said, "Yes, sir" or "Yes"—that was all he said.

Cross-examined. Q. I do not know whether you ascertained when the prisoner was working? A. Not before that afternoon—I found that he had been at work at Mr. Garratt's, the silversmith's, in Panton-street, Haymarket—he acted as porter, and turned a polishing-wheel for polishing silver.

ADOLPHUS LONSDALE (police-constable F 110.) I was in the cell with the prisoner before his examination at Bow-street on Friday night, the 4th of April, till the morning of Saturday—about four o'clock in tie morning the prisoner said to me he was sure to be tucked up if those two women came and gave evidence against him that saw him on Monday night between eight and nine o'clock, and he knew them both to be prostitutes.

CHAKLES WAUGH . I worked at Mr. Garratt's, the silversmith's in March last—the prisoner also worked there—about six or seven weeks before I heard of the murder he said he had the bad disorder from a woman, and he said he would serve her out—I said, "You had better not interfere with the woman at all; if you come to strike the woman she will very likely take out a warrant for you"—he said she was a young woman, fresh coloured, and fat—he said he should have got married to his cousin at Easter, had it not been for this complaint, but his intention was to be married at Whitsuntide—he did not tell me anything that his cousin had said to him—he merely said that they had got vent of it—I recollect the morning after the murder—the prisoner came to work as usual, a little after six o'clock, and breakfasted along with me—he ate two eggs for his breakfast, and made a hearty breakfast—he went away about half-past eleven o'clock—he never came to work again—I did not know where he lived—he used to come to work in a kind of velveteen shooting-jacket—he did not work in it—he pulled it off, and likewise his waistcoat, and put on another one, and when he went away he put oa his velveteen coat again—it was a coat very much resembling the one produced—he came to work in a hat.

Cross-examined. Q. Mr. Garratt, I believe, is a respectable goldsmith and silversmith? A. Yes—iba prisoner has been working for him about ten months, regularly employed—he was a very good workman, and a very nice young man, I thought, well conducted and civil in every respect, and good humoured and kind among his comrades—he was very honest, as far as I know—when he came to work of a morning he used to take off his velveteen coat and waistcoat and hang them up, and put on an old waistcoat whilst he was employed—I never saw him work in the shooting coat—we use rouge on the premises, but not in the part where he was—in the room underneath there was rouge—it attaches very much to the clothes at times, not to anything hanging up-stairs—it would if rubbed into the clothes—it is used for polishing plate—the prisoner had nothing to do with that—I have not been in the employ during the whole time he was there, but he was always employed in the same department—I was not examined before the Magistrate, or before the Coroner—on the Tuesday morning it was reported by one of our men that came in, about half-past six or seven o'clock, that a woman was murdered in St. Giles's,—go name

or description was given of the woman then—I never heard any name—the man did not mention the time the murder was committed—he said he had heard it was committed last night—the prisoner had not breakfasted at that time—he ate a very hearty breakfast—he had on that morning a velveteen jacket, a velveteen waistcoat, black small, cord trowsers, low shoes, a black hat, and black handkerchief—I am confident he had on his velveteen coat as usual.

MR. CHAMBERS. Q. Did he ever tell you himself in what department he had been employed before you went to Mr. Garratt's? A. In the same department where I was—that had nothing at all to do with the rouge.

COURT. Q. For the last two months, at all events, he had nothing to do with it? A. No, and he never worked with that coat.

JOHN COCHRANE . I am a tailor, and live at No. 11, Crown-street, St. Giles's. I have been acquainted with the prisoner a good many years, I should say, five, six, or seven years—I have been on friendly terms with him, and continued so down to the time when the death of this woman happened—on the night of the 31st of March I saw Connor—I did not notice the time exactly—it was about seven o'clock—it might be just about dark—it was on the Seven Dials, near the Crown public-house—he was in the habit of going there, and I too, and it was there that I saw him—in the course of conversation he told me that he was suffering under a certain disease—I did not notice bow long he remained with me—he might have remained half an hour—I did not notice him going away, but he did go—I missed him—about eleven o'clock that night I was at the same spot, outside the door of the Crown, and Connor came up to me—I think be came up from Queen-street—I think it was in that direction—Queen-street leads from Broad-street towards St. Giles's—I know George-street—it would lead to George-street—it is only two or three streets from George-street, and almost in a direct line—I should say it would take a person five or eight minutes to walk or run from George-street to the Crown.

Q. In what state did be appear when he came up to you? A. He appeared as if he had been flurried, or quarrelling with somebody—he was agitated—I did not notice whether he was walking or running when he came up to me—when he came near the Crown I advanced to him—he was neither walking or running then—he was standing—he had stopped—I had not seen him before be stopped—as far as I observed, he was an inoffensive, quiet young man; extremely so—I thought him different that night when I first saw him—I thought him rather strange—I said to him, "Halloo, what is the matter with you?"—he said, "I have gave her something"—I did not know at all of whom he spoke—I said, "Who?"—he said, "That b—old wh—that gave me the p **"—I said to him, "Oh, I dare say you have not killed her"—I said that jokingly to him—he said, "I do not know; but I have been home, and taken off my things, so that they should not know me"—he did not continue in my company after that time—there was a row commenced in the Seven-dials, and I went to look at it—I then lost sight of Connor, and I saw no more of him.

COURT. Q. How was he dressed then? A. He had on a velveteen coat and a cap.

MR. BODKIN. Q. When did you hear of this murder first? A. On the following morning—I heard of Connor being taken into custody on the Friday night following—I did not mention this to anybody till his father had me summoned to come before the Coroner's Jury, and then I

told what I knew, the truth—that was at the last inquest—it was adjourned—it was after the prisoner was sent here—I think it was a fortnight last Wednesday—that was the first time I mentioned it—the prisoner's father sent the Coroner's servant to my place with a summons—I had seen the father on the subject on the previous night—I never mentioned it till Wednesday, a fortnight ago.

Q. Who was the person to whom you first told this confersation? A. The police-constable, Allen, on the Wednesday fortnight, the day the Coroner sat for the last time—it was before the Coroner had adjourned that I mentioned it—I was not examined before the Corouer, nor was any one examined that day.

Q. What was the reason that you did not mention this at an earlier day? A. I did not wish to have anything at all to do with it—I did not wish to do him any injury.

Cross-examined. Q. Had you known Allen before this time? A. No—I had never seen him—I have never seen him when I have been in company with the prisoner—I never spoke to him until that day—I spoke to him because he was at the inquest—that is where I met him—I did not speak to him in particular—I did tell Allen, but there was another police-man with him—I did not tell him alone—I do not know who the other policeman was.

Q. How came you to tell it to Allen and the other policeman, you having been summoned to attend there by the prisoner's father? A. Why, because I was not going to tell a lie—I spoke to Allen first, and to the other policeman.

COURT. Q. What was you summoned to do? A. To prove an alibi.

MR. BALLANTINE. Q. Had you told the prisoner's father any portion of this story then? A. No, I had net—I did not tell him when he came to me that I knew his son had committed this murder, and therefore I would not come forward—I told him I should be there on the following morning, but I bad no intention of being so—I said so because I did not wish to have any further conversation with him—they came for me twice the following morning—Connor's father came, and then Connor's sister came—no policeman came—I did not see any policeman before I saw Allen—I did not see Pearce, the superintendent—I saw him afterwards—I had no conversation with Pearce before I gave my evidence—I live in Crown-street, and have lived there about seven months—I am a journeyman tailor—I have been charged with robbing my master—that is three years ago—I was tried, and had three months—I have never been taken up since—I have been taken for an assault, and fined 7s.—those were the only occasions of my being in custody—I have known the prisoner for some time—I have seen him in the day time, but I was not an associate of his—I cannot say that I had seen him pretty often in the day time during the last eight or nine months—I did not know where he lived or worked.

Q. Where was it that you saw Allen and the other policeman? A. In the inquest room—I was waiting—I did not leave the room with them, or go aside with them—I told them this in the crowd—Allen did not take it down—Pearce did, at the station-house, in his own room—I went there with Allen, not being examined at the inquest, and there Pearce wrote it down—he did not take me before any Magistrate—I had not seen the prisoner, or had any communication from him, between the time of the murder and my going to the inquest.

RICHARD PARTRIDGE . I am a surgeon, and am one of the surgeons of King's College Hospital. I see here some tickets for attendance at the hospital—there

are two of attendance at King's College; one of the 18th of March—the name of "Joseph Connor" is in the tickets, as the party having them—I can see from these tickets for what disorder he was attending the hospital—it was for clap—that was the disease for which he was treated—the latest date is the 18th of March—he was not then cured—it is impossible to say how long it would remain—I am only going by the memoranda on the paper—he had a good deal of inflammation, and probably would have been ill many weeks after the 18th.

Cross-examined. Q. Did you make this memoranda yourself? A. No, I did not—they are made at my direction by the dressers who are in attendance, at the moment—I have not myself the slightest recollection of his state except from these papers—I remember his person—these memoranda are made by the dressers by my direction and in my presence.

JAMES BROTHERS . I am a porter, and live at No. 8, George-street, Grosvenor-square. On Tuesday, the 1st of April, I went to No. 11, George-street, St. Giles's, and in a room there saw the dead body of a person—it was my wife—her Christian name was Mary.

MICHAEL CONNOR . I am the prisoner's father. My son was living with me at the time this affair occurred, at No. 15, Endle-street, Long Acre—the coat produced is the coat my son used to wear backwards and forwards to his work—this cap he never wore—it does not belong to him—it is an old one that was given to my wife for me, and it lay by, it was too big, I could not wear it—he had a hat of this sort when he used to work at dirty labouring work—I could not swear this was the hat—there was only one in the room where he lived.

Cross-examined. Q. You are married? A. Yes—I am living with my wife—the prisoner lives with me—on the night of the murder he came home at eleven o'clock to a minute, for the clock was in the room, and I know the clock was right—I looked at it, and I could not be deceived more than a minute in the clock—I noticed nothing in the least extraordinary about him when he came in—I was in bed before he came in—he slept in the same bed with me that night—my wife slept in another bed with my daughter, in the same room—he undressed immediately he came home in my presence—he laid his clothes on a chair, and then came to bed to me—I got up about six, or half-past, the following morning, and left the prisoner in bed—nothing occurred in the night to attract my attention, he was the same as every other night that he had slept—he did not appear in the least disturbed during the night—I have been very often disturbed of a night, not having been well during the last twelve months, and there was not the least in the world to attract my notice—I left him in bed when I went to work in the morning at six o'clock—I have worked for Mr. Garratt nineteen years—I did not know the witness Cochrane till this last week or two—I went to him to summon him as a witness to the Inquest, by my son's desire, to obtain him as a witness for my son—that was from what my son had told me he would say—I had no communication with him till I went on that occasion—the prisoner has been one of the best sons that was ever reared for a poor man, very kind to his mother and me, willing, civil, industrious, and very honest—he has worked for respectable men—I was not at home when the officer took away the coats—they had been hanging up publicly in the room—they had not been moved since the morning that he left them off.

MR. BODKIN. Q. Were you at home all the Monday evening this crime was committed? A. I was, from seven o'clock till I went to work in

the morning—I did not go out after seven that night—my ion came in at half-past nine, and staid I suppose about twenty minutes or half an hour.

Q. What did your son tell you Cochrane could prove? A. My son said he saw him late that night, a little before he came home, about seven o'clock, and the discourse between them was respecting a man of the name of Camplin, that was committed to this prison for rape—he desired me to tell Cochrane that, and request him to come and prove it—I remember the morning on which the Coroner sat for the last time—I was at the place where the inquest was held—I had nobody along with me when I first went there.

COURT. Q. Your son slept at your house on the Monday night? A. He did—he was at a friend's house on Tuesday night, and came home late at night, or rather in the morning part, and slept with me till nine o'clock—I did not see him on Wednesday night or Thursday night, and on Friday he was taken—I did not see him till I saw him at Bow-street—I cannot say at what time he came home on Tuesday night—it was in the morning part, and he remained till nine o'clock.

MICHAEL DILLON FITZGIBALD . I am a surgeon—I was called by Allen to see the body of the deceased at No. 11, George-street, on the night of the murder, about eleven o'clock—she was dead—I made a post mortem examination by order of the Coroner—I found altogether sixteen wounds—one passed through the chest, and penetrated the pulmonary artery at the roots—it entered the body between the first and second ribs—that would cause instant death.

(John William Webster, gold and silver caster, of Portland-street, Soho; George Robinson, carpenter, Denmark-street, Soho; and, John Barnett, carpenter, Great Sutton-street, Clerkenwell, gave the prisoner a good character.)

GUILTY . Aged 20.— DEATH ,

OLD COURT.—Friday, May 16,1845.

Third Jury, before Edward Bullock, Esq.

12th May 1845
Reference Numbert18450512-1052
VerdictGuilty > pleaded guilty

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1052. MARGARET BURKE was indicted for stealing, on the 12th of May, at St. Leonard, Shoreditch, 15l. Bank note, the poperty of Robert Linkson, in his dwelling-house; to which she pleaded

GUILTY . Aged 25.— Confined Twelve Months.

12th May 1845
Reference Numbert18450512-1053
VerdictGuilty > unknown

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1053. JOHN SULLIVAN , was indicted for stealing on the 25 of April, at St. Leonard, Shoreditch, 1 seal, value 6s.; 1 key, 4d.; 1 purse, 3d.; 5 sovereigns, 5 half-sovereigns, 14 half-corowns, and 5s.; the property of Francis Welby, in his dwelling-house; and that he had befoe been convicted of felony.

FRANCIS WELBY . I live in Richfield-street, in the parish of St. Leonard, Shoreditch. It is my house—I am a shooo-master—the prisoner was sent by his parents to me as a scholar, and on the 25th of April, I detained him after school hours as a punishment for playing truant, and about a quar-ter to two o'clock he was left in the school-room for two or three minutes alone—I went to the cupboad at two o'clock, and missed a seal and watch-key, and a purse, containing five sovereigns, five half-sovereigns, fourteen half-crowns, and five shillings—the cupboard was locked, and key left in it—I had seen the property safe at twelve o'clock that day—I asked the

prisoner if he had seen it—he said, no, he had seen nothing at all—Iasked if he had been to the cupboard, or seen anybody go—he declared to Almighty God he had not, and had seen nothing at all—I searched him, but could find nothing—I then fetched a policeman, who found the money secreted in the seat of his trowsers, and the seal and key in his shoe—they are mine.

JOHN JENKINSON (policeman.) I was fetched by the prosecutor—I searched the prisoner, and found a key and seal in his shoe, and between the lining and cloth of the seat of his trowsers I found this purse, containing fire sovereigns, five half-sovereigns, and fourteen half-crowns—before I searched him I told him his master suspected him of stealing money from the cupboard—he fell on his knees, cried, closed hit hands, and said, "By God Almighty I have not."

GEORGE KEMP (policeman.) I produce a certificate of the prisoner's former conviction—(read, "Convicted on the 24th Sept., 1844, and transported seven years")—he is the boy.

GUILTY . Aged 9.— Transported for Ten Years.

First Jury—before Mr. Baron Alderson.

12th May 1845
Reference Numbert18450512-1054
VerdictNot Guilty > unknown

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1054. JAMES NICHOLAS and ROBERT JOHN PAGE were indicted for burglariously breaking and entering the parish church of St. George's, Bloomsbury, about eleven o'clock in the night of the 13th of April, with intent to steal.

MR. CLARKSON conducted the Prosecution.

JOHN BELL SIMPKIN (police-constable E 134.) I was on duty in the neighbourhood of Hart-street, Bloomsbury, on Sunday night the 13th of April—it is my custom, as I go my rounds to try the doors and places, among others the church doors—about a quarter to eleven o'clock that night I tried the western door of the parish church of St. George's, Bloomsbury, and found it open about an inch—I was returning down the steps to send a person to inform the sexton, and I heard a party inside turn the key—I stepped up again and found that the door had been locked—I sprang my rattle, and placed a constable, No. 123, at the door—the sexton came very shortly after, he applied his key to the western door, but could not get it in, as there was a key in it inside—I then accompanied the sexton to the front door, leaving No. 123 at the west—the sexton opened the front door, and we went in—I asked "Who is there?"—no answer was made—I then went to the communion-table, and there found the two prisoners—I took Page into custody—they mentioned their names, and said they knew the clerk—I saw a lucifer match picked up in the porch by Sergeant Hunt, that is a good way off from where I saw the prisoners—it had been lighted—I went to the western door and the key was taken out—it was tried and it turned the lock.

Cross-examined by MR. BALLANTINE. Q. Did Hunt hand you the lucifer match? A. He did directly after he picked it up—I saw him stoop and pick it up—that was about half-past five or six o'clock in the morning—we did not find it at eleven—we had searched the church overnight.

COURT. Q. What account did the prisoners give of themselves? A. They said they had been locked in, and that they had been asleep during the sermon.

JOHN SWORDER (police-constable E 164.) I came up to Bloomsbury church on the alarm being given on the niglit of the 13th of April—I saw the sexton try to open the western door—I afterwards went round to the

front door with him—I took Nicholas into custody—I saw Tuckett take the key from the lock inside—I searched Nicholas and found on hiw a street door key—it had nothing to do with the church—I have the key found in the western door—this candlestick I found under the form which goes round the communion-table.

Cross-examined. Q. Have you been to Nicholas's house? A. I could not find out where his proper lodging was—he said he lodged at his mother's—I went there—I did not try the key found on him to any door there.

ROBERT DANIEL TUCKETT . I am the sexton of the parish of St. George's, Bloomsbury—it is my duty to keep the keys of the church—I know nothing of this key found in the western door—on Sunday night, the 13th of April, I locked the southern and western doors after service—there was no one in the church to my knowledge when I secured the doors—service was over at half-past eight o'clock, within a few minutes—the candlestick produced is the one by which we lighted ourselves out—before I went out I left it in the western porch, between the outer and inner doors—I am sure I did not leave it under or near the communion-table—the plale is kept in an oak chest by the side of the font, in the eastern aisle, about fifty fret from the communion-table, which is on the northern side of the church—I saw the candlestick found underneath the kneeling-cushions round the communion-table—I quitted the church about nine o'clock that night—about eleven o'clock I was called by Simpkin—I proceeded to the westers door of the church and found I could not put my key into the lock, something prevented me—I put my finger in and found there was a key—I went round to the front door, and on opening it we went in and found the prisoners outside the communion rails—I saw this key taken from the western door—tltere was a candle in the candlestick when I left—I had extinguished it—I cannot say how long it was when I left it, or whether it had been lighted sines—there are a good many prayer-books left in the church—the parish plate is valuable—nothing was taken away—I knew Nicholas as the son of the late beadle—he used to be frequently about the church with his father—I should think he knew where the plate was kept—I cannot say.

Cross-examined. Q. How long have you been sexton? A. Nearly two years and a half—I have frequently been in the habit of locking up the church at night—I can positively swear that all the doors were locked on this night—I locked most of them myself and looked at all—there are six outer doors—I locked four and tried the other two—they are fastened with iron bars, and I put my hand to the bars to feel that they were secured—I recollect that distinctly—there are no means of getting in except by the doors—I believe all the windows are barred—air is let in by means of case-ments which open a few inches.

J. D. SIMPKIN re-examined. I was present at the examination of the prisoners—I heard Mr. Hall, the Magistrate, ask if they had anything to say—I saw the clerk take down what they said, and saw each of them sign it.

PETER LOGAN (police-inspector.) The signature to these statements is Mr. Hall's—read—"The prisoner Nicholas, says, 'I got locked in; I was one of the congregation; I don't recollect what the text was;' the prisoner Page says, 'I was locked in; I was one of the congregation; I did not know the key was in the door.'"

R. D. TUCKETT re-examined. I left the church about nine o'clock—I cannot say positively whether it was before or after nine.

J. B. SIMPKIN re-examined. Eleven o'clock was the first time I tried the door, and found it insecure.


12th May 1845
Reference Numbert18450512-1055
VerdictGuilty > unknown; Guilty > with recommendation

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1055. JAMES NICHOLAS and ROBERT JOHN PAGE were again indicted for unlawfully breaking and entering the said church with intent to steal.

The same evidence was given as in the former case.

(The prisoners received good characters.)


PAGE. GUILTY .—Aged 25.

Recommended to mercy.— Confined Six Months.

Before Mr. Justice Coltman.

12th May 1845
Reference Numbert18450512-1056
VerdictGuilty > unknown

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1056. JOHN DOBSON was indicted for feloniously and sacrilegiously stealing, on the 12th of February, in the parish church of St. Marylebone, 5 keys, value 5s.; 5 candlesticks, value 5s.; and 2 pieces of wash-leather, 2d.; the goods of the churchwardens of the said parish: 8 half-crowns, the money of John Hume Spry, clerk: 1 seal, 1s.; 60 pence, and 100 half-pence, the goods of William Tookey: 1 scarf, 4s.; 1 brooch, 4s.; and 1 bag, 1s.; the goods of David Wood, clerk: and afterwards burglariously and sacrilegiously breaking out of the said church.

MR. CLARKSON conducted the Prosecution.

MICHAEL MOLONEY (police-constable D 122.) On the night of the 12th of April) about a quarter past one o'clock, I saw the prisoner in Park-crescent—I saw him go down the area steps of No. 29—he remained there about half an hour—when he came back I followed him across the road and took him into custody—he said he merely went down there to rest himself, that he was a respectable man, and he would give his name and address if that would do—I said that would not do, he must come with me to the station-house, and name it there—I took him to the station, searched him, and found in his pocket twelve keys, five of which have been identified as belonging to Marylebone church, this instrument, which is a hammer, crow-bar, and wrench all in one, two pieces of wash-leather, and a lucifer match—one of the pieces of wash-leather has a red wax seal on it, and an impression of the letter T—the prisoner said the keys belonged to the granaries and cyder-cellars in the docks—he said he lived in Palace, New-road—he said at first that he was a gentleman's servant, then an accountant, and then an accountant's clerk.

Cross-examined by MR. PAYNE. Q. You ascertained that nothing had been wrong at the place where you found him? A. Yes—he said the whole of the keys belong to the granaries and cyder-cellars at the docks—they were all fastened together at the time—at least four large ones and a small one belonging to the church were tied together—he did not point out any keys in particular.

SARAH GRADY . I am one of the pewopeners of the parish church of St. Marylebone. On the afternoon of the 12th of Feb., there was a baptism there at four o'clock—it was over between four and five—I secured every door before I left, which was before five—as far as I know, there was nobody in the church—there are five outer doors to the church, but they are

not all opened every day—I came out of the door in High-street, which I double-locked—there are three doors leading out into the New-road—the end door of those three I locked—I did not look at the middle door—he it the business of the bell-puller to look to that—it was shut when I came away—I had seen it some time before I left—it is never opened except for funerals and on Sundays—the end door which I locked is open everyday—that door was opened for the baptism in question, and I locked it when it was over—I also locked the western door, which is inside the end door—there is an inner door between them, which I also locked—when you go through that door, you can go up the church to the vestry door, and that I double locked—there are only two doors open in the week, the end centre door, and the High-street door, both of which I locked—I took away the keys with me—on Thursday morning, the 13th of Feb., at eight o'clock, I went to the church, and tried to get in at the High-street door, but could not do so—my key went in, but I could not turn it—I then went round to the New-road doors, and found the middle door open, the lock lying an the step, and a piece of string tied to it—I do not know where the other end of the string was—I went to the vestry, and found the door forced open—the lock was still on the door, and the chain were all ie confusion—I found two of the desks loeks broken, and the lock of a box in a closet—I do not know what was kept in the desks—they belonged to the deck—I missed five brazen candlesticks which I had left safe overnight—I know nothing of these wash-leathers—I went to the clerk, and then to Mary Ann Cook, the vestry-woman.

Cross-examined by MR. PAYNE. Q. You have never seen the candlesticks since? A. No—I locked the end door fronting the New-road inside before I came out—there were two outside doors that I did not lock.

MARY ANN COOK . I am vestry-woman of the parish church of St. Marylebone. On the morning of the 13th of Feb. I heard of the robbery, and went to the church—there was a box in the vestry-room, in which I kept the wax candles—I found the lock of that box broken right off—I missed two wash-leathers from the cupboard in the vestry-room, also a bag, containing a hood and scarf belonging to the Rev. Mr. Wood, the curate—when I lost the wash-leathers, there was no seal with a T on it on them—I cannot speak to the two pieces produced—they are rather disfigured—they have formed one piece—I have examined them—they are the tame size as one of the pieces I lost, but neither of those I lost had any teal on them.

Cross-examined. Q. You cannot say that this one was yours? A. No—mine were clean—it is about the same size—I had never measured mine—it is such a one as I lost.

WILLIAM TOOKEY . I am deputy-clerk and sexton of St. Marylebone. I was in the church during the performance of the baptism on the 12th of Feb.—there are five outer doors to the church—it is not usual, on baptismal services to have more than two doors open, the side door, fronting the New-road, and the High-street door—sometimes the vestry-door is open, as the clergyman frequently comes in at that door—I cannot remember whether he did that day—I left at a quarter past four o'clock, leaving the pew-opener closing the church—it is her custom to lock the doors—I merely locked up the strong room, and the desks in the vestry, not the outer doors—on the following day I went to the church, in consequence of

information—I found the middle door, looking into the New-road, open, and the lock, which had evidently been wrenched off, lying on the ground—it could not have been wrenched off from the outside—the screws were drawn, a part of the lock, through which the bolt passes, was screwed on for more security to the side of the door—it comes round the door, and fixes down with a plate—that plate was left on, showing that the lock must have been forced off with considerable violence, and from within—I went to the High-street door and found a screw taken from the lock, and placed in the keyhole—I found a chisel by the side of the lock that was taken off the front entrance—on entering the church I went to the vestry, and found the inner vestry-room door, opening from the church, forced open—I found the outer vestry-room door perfectly safe, and locked—there were marks of a chisel on the inner door—I saw the inspector compare the chisel found with the marks, and they appeared to agree—two desks had been forced—I missed from a wooden box in my desk about eight half-crowns, belonging to the rector, the Rev. John Hume Spry, and about 10s. of copper-money of my own from a wooden-bowl—a small seal was taken from my desk, with the initial T engraved on it—five brass candlesticks were also taken, and some wash-leather, but I know nothing about that—the impression upon this wash-leather appears to be an impression from my seal, but it was not put there by me—there are many seals alike—I know the seal now produced from a piece of blotting paper between the handle and the brass part, which I put there to make it tight, as it was loose—it was there when I lost it—I told the officer of it before he produced it to me, and when it was produced it had the blotting paper in it—these five keys belong to Marylebone church—one is the key of the money-box, from which the half-crowns were stolen, and one of the entrance to the vaults, one of the church-door, and one of the church gates—they were taken from the bunch which were on a brass chain—the chain was cut, and these taken from it, except the key of the money-box.

Cross-examined. Q. When did you put the blotting-paper in? A. Some time ago—I have had the seal six years—it is a very common seal, but you seldom see them round—I speak to it more particularly from the blotting-paper round it, but I know it from constant use—the keys were in a desk in the vestry-room—nothing has been taken but the things stated—there has been no attempt to rob the church since.

WILLIAM REDDING . I am one of the beadles af the parish of St. Marylebone. about nine o'clock on Thursday morning, the 13th of Feb., I went to the church and met Tookey there—I found a screw taken out of the High-street door, and put into the key-hole—I knocked it out—I afterwards went to the front door, and traced some footsteps of a boy and a man over a low wall towards Nottingham-mews—I cannot say that I traced them from the front door, there were several steps there, but from the vestry door to the wall there were the footsteps of a man and a boy, and no others.

Cross-examined. Q. Did you try the shoes of any of the persons connected with the church? A. No—information was given to the police—they were snow impressions.

COURT. Q. Then you did not trace any footsteps near the front door facing the New-road? A. No—there were plenty of footsteps there, because persons come backwards and forwards right through into High-street.

ELIZABETH STARK . I live at No. 21, Palace, New-road, Lambeth. On the 2nd of April the prisoner took a lodging at my house, and remained until the 11 th—he told me that morning that he should not he able to settle his account, and he quitted—he brought this little seal with him, when he came—I have seen him use it frequently, and when he left he left it behind him—a few days after he came I had a candlestick on the table, that was bent—he complained of it, and said he had two pairs of brass candlesticks, and would sell me a pair when be brought his goods and chattels to my house, which would be in a few days, he would show mt£ what he had to sell—I delivered the seal to Inspector Tedman on the Monday following.

Cross-examined. Q. No candlesticks were produced? A. No.

JOHN TEDMAN (police-inspector.) I have produced the seal and the screw, that was in the key-hole—it was taken out by the beadle—the lock was evidently taken off from within—the whole was done from within—in my, judgment there was no means of getting out, except by the taking off this, centre door-lock—putting the screw in the key-hole of the High-street door would prevent any one unlocking it, and give the parties time to get out at, the front—the marks on the vestry-door, in my judgment, were made by this chisel which was found—it is a mortice chisef—I have seen such an instrument as the one produced in the bands of persons who have committed burglaries—they are also used by persons in trade, to fasten down small hoops in sugar or batter casks—I have applied one of these keys found to the vestry door, and it fits—the other locks were plugged at my recommendation.

Cross-examined. Q. When were you first consulted about this robbery? A. The same day, the 13th of Feb.

MRS. STARK re-examined. The prisoner had left ray lodging on the Saturday morning—he said he was sorry he could not pay me then, but would return between nine and ten o'clock on Sunday morning aad do so—I never saw him again—he was taken into custody that Sunday morniog—the seal, some writing-paper, and a few envelopes, was all he left behind him—I did not expect him to come hack to lodge with me—he sent me a letter to say he should not.

GUILTY . Aged 48.— Transported for Ten Years.

OLD COURT.—Saturday, May 17th, 1845.

fourth jury, before mr. Baron alderson.

12th May 1845
Reference Numbert18450512-1057
VerdictGuilty > unknown

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1057. GEORGE MATTHEWS was indicted for feloniously forging and uttering, on the 24th of jan., and order for the payment of 5l.; with intent to degraud thomas somers cocks the elder, and others.—2 other COUNTS, stating his intent to be to degraud thomas piper the younger.

MR. CLARKSON conducted the prosecution.

JOHN KING SEN . I am in partnership with my son, as auctioneers and estate-agents, at Old brentford. In jan. last we kept a banking acoun with cocks and biddulph, of charing-cross—i have not been in the habit latterly, of drawing checks, in the name of king and son—my son doe that—i have a private account of my own—i did not draw this check—(looking at it)—or authorise any one to draw it—it is not my hand

writing—I doubt whether it is my son's—it is a fair copy of his writing, or it would not have been paid—I did not draw, or authorise to be drawn, these other two checks—(looking at them)—the prisoner was in our employ as errand-boy and general servant—he might be occasionally employed to take checks to get cash for them—he was never employed by me to get change for checks of King and Son.

Cross-examined by MR. PAYNE. Q. Do not you know that the practice was to send checks to Mr. Piper's for petty cash? A. Not that I know of—my son may do it—the prisoner has been with me upwards of three years—I do not believe I ever sent him to change my own private checks—I might.

JOHN KING JUN . I am in partnership with my father—when I wanted petty cash, I was in the habit of drawing checks on Cocks and Co., where we kept an account, and sending them by the prisoner to Mr. Piper, to get cashed—I drew the checks in the name of King and Son—I did not draw this check, dated 24th Jan., or know of its being drawn, till it was returned by my banker's, with the pass-book, on the 12th of April, as having been paid—I also received these two other checks, dated 5th of Dec. and 1st of Jan., neither of which were drawn by me, or by my authority—I have looked at my check-book, in which I have my printed blank checks, and I miss five checks, which have been completely torn out, margin and all—I always kept it in a drawer, locked up—I did not observe anything the matter with the drawer—the checks were taken out of two check-books—the prisoner had opportunities of seeing me draw checks in the name of King and Son, and he has taken them afterwards to Mr. Piper's, to get cash for them—I think this is a bad imitation of my handwriting—I never received the value of these checks from the prisoner, or gave him any authority to get the money on them—I have had opportunities of seeing him write—I cannot say that these checks are his writing—I cannot form any belief on the subject.

Cross-examined. Q. How soon after he came into your service did you begin to employ him to take checks to Piper's to get cashed? A. I should think eighteen months—I do not put any number on the checks or margins—I sometimes sent him with a check to Mr. Piper's once a week, sometimes onee in two weeks—very seldom twice in one week—I did not discover anything wrong till the 12th of April, as I did not have my book made up till then—we have offices in London—I think I was in London on the 18th of April, the day before the prisoner's last examination—and about eleven o'clock I saw the prisoner's aunt, near St. James's church—I asked her if she was going to see the prisoner—I do not remember asking her to get what information she could out of him—I told her to ask him how he had squandered the money—I did not say, that at the trial I would recommend him to mercy—I keep no clerks—only a maid-servant had access to the place where the check-books were kept—there is no shop, it is a counting-house—bill-stickers and porters come to the counting-house occasionally.

THOMAS PIPER, JUN . I keep the Feathers, at Old Brentford—I have been in the habit of cashing small checks for King and Son from time to to time—the prisoner always brought them—I was in the habit of paying to Mr. Baker, of Chiswick, the checks I received from the prisoner, except one which I paid to Mr. John Dicker, of Cooper's-row, Tower-hill—this check, dated the 24th of Jan., I paid to some of the collectors, but whether

it was to Mr. Baker or not I do not know—I received it from the prisoner, for I never received a check signed King and Son, from any one else—if any of the collectors called in, and I had a check by me, I always paid it away—I know Mr. Baker's handwriting—I believe the indorsement on this check is his handwriting—these two other checks, also, came to me through the prisoner's hands—I paid them to Mr. Baker—I do not remember the date of receiving this particular check—there is no memorandum of my own on it—they were always brought on the day they were dated—I have from time to time observed the ink wet upon them.

Cross-examined. Q. You have no recollection of the bringing of this particular check? A. No, but I swear I took it of the prisoner—I can speak to three checks, from the formation of the B in Brentford—I know this by the formation of the letters at the top—I recognised it the moment it was put into my hands—there are three checks which have a particular B—one B is written very badly, one with blue ink, and the third is different from the others—the bad B is on the check of Dec. 5.—I know the check in question by the Jan. in January—I recollect cashing that particular check—no one cashes checks or handles money but myself—I am sure I have seen this check before—my attention has been called to it before—my opinion was the same then that it is now—the prisoner did not frequent my house to drink—I never saw him with money—(looking at his deposition)—this is my handwriting—it was read over to me before I signed it—(the deposition being read, stated, "I believe I cashed the whole of the five checks for the prisoner; but I am quite sure as to the one dated Dec. 5, for 5l., and the one dated Feb. 7, for 5l. ")—I pointed out three checks at the time I was examined—I have no hesitation in swearing that I cashed this check, dated 24th Jan.—I noticed the B in Brentford, and the Jan. in Jan. at the office.

MR. CLARKSON. Q. When you paid these cheeks to Mr. Baker, wis it your practice to see him endorse them? A. Always—I cannot say that I saw him endorse this.

ROBERT BAKIR . I am clerk and collector to Messrs. Fuller, brewers, of Chiswick. This check, dated 24th of Jan., 1845, I received from Mr. Piper, in part payment of his account—I wrote his name on it at the time, and I believe, in his presence—here is my writing, and also on these other two which I also received from him for his account—I paid them into the Regent-street branch of the Union Bank—I cannot exactly recollect the day I paid them in.

JOHN HAYNES . I am an inspector of the detective police. By direction of Cocks and Co., I made inquiries about some forged checks, and in consequence of those inquiries, I apprehended the prisoner on the 24th of April, in Mr. King's back yard, at work—I told him what he was charged with, and cautioned him—he stud he had changed no checks except at Mr. Piper's, and the whole of the checks he had changed there he had received from his master, Mr. King—Mr. King, jun., was present—before I took the prisoner into custody I asked him to write his name, and also the name of Mr. King, from which I formed an opinion—I produce the book in which he wrote.

Cross-examined. Q. How came you to get him to sign his name? A. I asked him to sign it—I went in plain clothes—I did not tell him I was a policeman—I did not ask him if he did not want a better situation, and if he could write—I asked if he could write his name, and gave him my

book—Mr. King went with me—I said, "Is this your young man?"—he said, "Yes," and I immediately said, "Can you write?"—after I had taken the prisoner to the station I went to the prisoner's mother—I did not tell her I was sent by the prisoner for the last copy-book that he had at school—I said I understood from the prisoner that there was a pocket-book of his in the house—he had told me so—I mentioned a copy-book—I did not say I had been sent for it—I swear I said nothing about school—the mother said there was no such thing in the house—I very likely said I believed the boy better than her, for he had told me it was in the box—I believe I asked how much money he had in the box—I was told he had not any—I looked in his box, and there was not any—I asked where he bought his clothes—I was not satisfied from what I found that they had been paid for weekly—I was satisfied that his mother had pledged his coat, and his sister his trowsers, without his knowledge.

MR. CLARKSON. Q. How long have you been an inspector of the detective force? A. Since its establishment in 1843, I have been in the police thirteen years.

REGINALD THISTLETHWAITS COCKS . I am one of the firm of Cocks, Biddulph, and Co. It consists of more than two partners—Thomas Somers Cocks, the elder, is the head of the firm—(the checks were here read.)

(John Porter, Star and Garter, Kew-bridge; Mary Daley, the wife of a labourer at Isleworth; and Charles Dear, lighterman, New Brentford, deposed to the prisoner's good character.)

GUILTY on the 4th Count. Aged 18.— Transported for Ten Years.

(There were four other indictments against the prisoner.)

Before Mr. Justice Collman.

12th May 1845
Reference Numbert18450512-1058
VerdictGuilty > with recommendation

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1058. THOMAS WHIFFEN was indicted for falsely, deceitfully, and feloniously personating John Foley, a seaman on board her Majesty's ship Conway, on the 3rd of April, in order to receive certain prize-money due and payable to him, with intent to defraud our Lady the Queen:—other COUNTS, varying the manner of stating the charge.

MESSRS. CLARKSON, BODKIN, and WELLS, conducted the Prosecution.

ROBERT EDWARD SMITH . I am employed in the military department at the East India House. In April last there was a large sum of money in the course of payment in this country to sailors engaged in operations against China—it is called "donation batta"—a greater portion of it had been paid—the amount altogether was somewhere about 70,000l. or 80,000l.—it was payable to a great number of persons—there was a scale, showings what persons were entitled to, according to their rank—a second class boy was entitled either to 8l. 4s., or 4l. 2s.—Her Majesty's ship Conway was one of the ships entitled to the money—John Foley was entitled to 8l. 4s., twelve months' donation batta—the ship Dido was not entitled to any of this particular grant—on the 3rd of April the prisoner came to the office—he stated that his name was John Foley, and he came for the batta money—to claim the donation batta money—he produced this certificate—it is necessary to bring such a certificate—it is usual to bring a prize ticket, showing their period of being in the service, which is signed by the commander of the vessel, and also a discharge from the Royal Navy, in which the service would appear, and a description of the lad—as he did not produce any such instrument I asked where his prize-ticket was, or his

discharge from the navy—he said he had not got it, that he had lost it—I said, "Have you anything to prove you are the person you represent?" and on that he produced the ticket I have in my hand—I read it, and asked him on what ship he claimed the share for the batta-money—after hesitating, he said he did not know the name of the ship—that excited my suspicion—I said, "What! say you are entitled to batta-money and do not know in what ship you served? can you tell me anything about it? do you know the name of the officer you served under, or any of the officers, the Captain, lieutenant, carpenter, boatswain, or any of them?"—he said he did not know—I then desired the attendant to take him outside, that I might investigate the case, and send for the batta-book, which happened not to be in the room at the time—I told the attendant before he took him out I thought there, was something wrong in his application, and not to let him go—I did not hear him say anything to that—I examined the books—there was a John Foley, a second class boy, on board the Conway—I found he bad been paid already—when I was examining the books the prisoner was brought in, and said his name was not John Foley—I asked him where he, got this certificate from—he said he got it from some person or other in Ratcliff-highway who he had never seen before—he was then given into custody.

Cross-examined by MR. DOANE. Q. Do you think you have given the conversation in the exact order in which it took place, or is it your general impression? A. The greater part of it I am certain of—he first came to claim the batta-money, and said his name was John Foley—that was the first thing—I then asked if he had a prize-ticket, or discbarge—if a sailor had lost his prize-ticket or discharge, this is the order he ought to be possessed of—I then aslfed the name of the captain, &c.—I should ask anybody bringing this ticket those questions—there was no occasion for such a ticket as this if he bad a prize-ticket—the attendant brought him into the office again before I directed him to be brought in, and he said, "I am not John Foley."

WILLIAM PAYNE . I live in Bunhillrow, and was musician on board the Dido, which was at Singapore, on the 6th of Match, 1843—the prisoner was also on board—he came home in the ship, and was paid off—he went by the name of Whiffin.

Cross-examined. Q. Are you aware his captain has been in attendance to give him a character during the sessions? A. I have not seen him here—I saw the lieutenant at Somerset-house, but not here—the prisoner was always a very good boy while I was on board the ship—I never knew him get into a scrape, as boys do generally.

GEORGE BEADON . I am a commander in Her Majesty's navy. I served on board the Conway as first lieutenant in the recent operations against China—there were two boys on board named John Foley—one ultimately became a man rateable—this certificate, purporting to, be signed George Beadon, commander, represented as first lieutenant of the Conway, is not my handwriting—I know nothing of it—I never authorised anybody to sign it, and never saw the prisoner, to the best of my recollection, till he was at the Mansion-house.

Cross-examined. Q. It would become your duty to give such a certificate as this if the man had lost his prize-ticket? A. In the absence of the captain it would—I certainly did not give such a certificate to either of the

Foleys—I only gave one to one boy, Henry Mitchell—I think that was last December—it was in respect of some services in China.

MR. CLARKSON. Q. Was that before the ship was paid off? A. No, the ship was paid off in Jan. 1842—I granted the certificate I think last Dec., to Mitchell, who applied to me in the absence of the captain.

The document, being read, stated that John Foley had served as second class boy on board the Conway, and was entitled to 8l. 4s. prize-money, &c.—dated 7th April, and signed George Beadon, commander.

EDWARD WATSON examined by MR. DOANE. I am the officer at the India-house and a constable—I had the prisoner in custody and took him out of Mr. Smith's room—while he was out he wished to tell me something—I would not let him, but took him in to Mr. Smith.

GUILTY .—Aged 18.—Strongly recommended to mercy.— Confined Two Years.

Sixth Jury, before Mr. Baron Alder son.

12th May 1845
Reference Numbert18450512-1059
VerdictGuilty > unknown

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1059. FREDERICK WILLIAM ZABELL was indicted for feloniously killing and slaying John Frederick Cobet.

MR. CURWOOD conducted the Prosecution.

WILLIAM HOUGH . I keep the Crown and Anchor, Great Garden-street, Whitechapel, On Tuesday evening, the 6th of May, the prisoner came to my bar—I knew him—he had a quartern of gin with a stone-mason who he brought in with him, they then went into the parlour and sat down—the deceased came in about half an hour after, and soon after he drew the attention of the prisoner away from the stone-mason, as they met on business—I did not hear what passed—when the prisoner came out of the parlour Cobet came out after him, and Cobet said "You recollect, Mr. Zabell, I lent you a sovereign."—Zabell said, "You lend me a sovereign!"—Cobet turned round and said to me, "You hear this Mr. Hough"—I said, "Yes, I do"—Cobet walked into the parlour and fetched out a butcher named Taylor, and said, "Now speak as a man: did you see me lend this man any money"—Taylor said, I did"—he said, "What did I lend him"—he said, "A sovereign"—Zabell put his hand into his pocket, pulled out a lot of notes and gold and said, "You see I did not want to borrow a sovereign, I have plenty of money of my own"—he put his hand into his pocket, pulled out 19s. 2d., threw it on the counter and said to Cobet, "There is your money"—Cobet said, "I lent you a sovereign, I will not take 19s. 2d. for it, I am a poor man, I want my money"—neither of them would take up the money—(I took up the money and placed it in a glass after they left my bar)—Zabell went to the door and said, "If you will come out I will knock your nose as flat, as your a—s"—Cobet said, "I have no wish to fight, I know myself better"—Zabell went out and Cobet followed him, I thought to reason with him—I got on a chair in the bar, looked out of the window, and saw Zabell strike him on the chest—I could see that Cobet did not strike him first or at all—he pushed him away after being struck on the chest—Zabell then struck him on the eye, and a third blow on the cheek—Cobet then went right backward senseless on the ground—Newlan picked him up—I saw the back of his head all over blood—they brought him in doors—I saw he was insensible, and advised them to take him to the hospital—he was taken there—Zabell came in—I told him he had done wrong and had better go to the hospital and attend to him—I went there in about ten minutes and found Zabell there paying all the attention he could to him—he

had then come to himself and was rational enough—the nurse and surgeon advised him to stop there, but he said, "I will go home to my poor wife"—I sent him home in a cab with Newlan—Zabell came and saw him into the cab.

Cross-examined by MR. CLARKSON. Q. Were they both rather tipsy? A. Zabell was rather the worse for liquor, not to say tipsy; Cobet was not tipsy—he was a tall man, about six feet high—he did not take off his coat and challenge the prisoner to fight, or any thing of the sort—there was a disturbance between Cobet and the stone-mason—I went into the room directly—Cobet pulled his coat partly off to challenge the stoned mason, saying he was quite capable of defending himself against any man in the room—Zabell ran round the table, and leaning across the table, eleven feet from Cobet, he said, "If you will fight somebody you shall fight me, "in a jocular manner, to draw his attention from the mason; with whom he was quarreling—when he was outside he gave Cobet a push on the breast, and Cobet pushed him off, he did not fall against the wall—Cobet was quite capable of fighting any man in the room.

Q. Cobet had said he would fight any body in the room, and then said he knew himself better than to fight at all? A. Yes—the prisoner was desirous of rendering the deceased assistance at the hospital—if anything, Zabell was rather worse in liquor than Cobet, but Cobet was not tipsy—I had only seen him take part of two pots of half-and-half—the mason wanted more—Zabell said I have no money—Cobet said, "I will lend you a sovereign"—he changed a sovereign for the first pot—the two pots came to 10d.—I did not go out to part them, as I had my bar to mind—Cobet was a little fresh—about half and half.

ROBERT NEWLAN . I deal in grocery—I was at the public-house—Cobet and the prisoner were wrangling about a sovereign, and on going out of the door I heard Cobet say, "What do you want of me?" soon as they got out, Zabell sparred up to Cobet and made a blow—Zabell sparred up again and gave him a blow just over the mouth (Cobet caught the first blow on his arm)—Cobet instantly fell backward with his head on the ground—I immediately ran and lifted his bead from the pavement, and there was a pool of blood—he was insensible, and was carried into the house, and then to the hospital—hit bead was dressed there, and he came to his senses—I accompanied him home in a cab—I saw him again on Wednesday morning, he was very bad, and again onf Thursday afternoon, he was then dead.

Cross-examined. Q. Were you drunk or sober? A. Quite sober—I saw the beginning of it outside—he fell nearly towards the wall on his left side, not the right—his head "contracted" to the pavement, towards the wall—the blow on the mouth would not knock a sober man down—he was much taller than the prisoner and about eight years younger.

WILLIAM ARNOLD . I am the deceased's son-in-law—his name was John Frederick Cobet.

WILLIAM AUGUSTUS MAYBURY . I am a surgeon, and was called to the deceased at ten o'clock on Tuesday evening, at his home—I found two wounds on the left side of the upper part of the occipital bone, it penetrated to the skull, he died at five o'clock on Thursday afternoon—I had a post mortem examination of the head—the death was caused by extravasation of blood on the brain—a rupture of a portion of the brain—a fall on the stones, from a blow, would produce what I saw.

Cross-examined. Q. Was it not highly improper to put him into a cab, and rattle through the street? A. I do not know that it was—it would be better for him to have stopped there.

GUILTY . Aged 62.— Confined One Month, Solitary.

Before Mr. Justice Coltman.

12th May 1845
Reference Numbert18450512-1060
VerdictGuilty > with recommendation

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1060. SIMON HILL was indicted for feloniously killing and slaying Jane Thrussell.

JUDITH SHEEN . I live in Blue Anchor-yard, Rosemary-lane. The deceased Jane Thrussell lodged with me—on Friday morning, the 11th of April, between eight and nine o'clock, I was in bed with her—we were lying alongside each other—she lay inside me—the prisoner came into the room, drunk, with a man named Scott—the prisoner said to me, "Are you there, old woman?"—I said, "I am"—he asked would I have some money—I said I would rather see it than hear it—there was a counterpane at the foot of the bed, to serve as a curtain—I got up in the bed to look for my clothes, to put on—he took up a chair, and threw it out of his hand towards the bed—the counterpane fell, and a piece of the chair came inside the bed—whether it hit the deceased I cannot say, as I was confused—the deceased turned towards the wall, and began to cry—I sent for a policeman—the deceased got up, and was putting her clothes on, when the policeman came—the prisoner was then sitting at the table to have his breakfast—he lodged in the house—I told the deceased if he bad hurt her to give him in charge—she said, "No, I will not"—she put on her things, and sat by the fire—she had been sick from the time she came to the house, which was five weeks before—she was always ill and ailing—she vomited five or six minutes after the man threw the chair—I had often seen her vomit before—the policeman went away—she sat by the fire for about three hours, and went into the yard—she stopped a long time there—the prisoner brought her back from the privy in six or ten minutes, leading her by the hand—she then laid on the bed—I saw she was very ill, and went for the parish doctor—his man came and saw her—when the parish doctor came he said she was dead.

Prisoner. Q. Did you raise a poker to me when I came in? A. No—I do not know whether I did or not, I was so frightened—I do not know how I could when I was in bed—I am sure I did not before he took up the chair—I do not know whether I did or not, I was so confused when I saw him in liquor—I was quite sober—I do not recollect taking it up at all.

JURY. Q. Could he see who was in bed? A. He could not—the counterpane hid her—Mrs. Bailey had cut the deceased's hair off a month before, as she was very dirty—I heard of her fainting once.

ELLEN MALONY . The prisoner came into the room on this morning to breakfast—Sheen and the deceased were both in bed—Sheen asked him for the money—he said he had none to give her—she said he could find money to pay her as well as to drink—they began to jaw one another—she aggravated the man—he was very much in liquor—he took off his coat to tear it—the young man with him took the coat away—they then turned round to go out—Sheen said something to aggravate him—he took up the chair and flung it against the bedstead—the counterpane came down—the deceased sat up, put her hand to her head, and said, "Oh, Simon, you have hurt me"—Mrs. Sheen sent fora policeman, who came—she told the deceased to give him in charge—she shook her head, but did not speak—she got up and dressed,

and then the policeman went out—the deceased began to retch, and sat by the fire—I went out about eleven o'clock, returned at half-past three, and she was then dead—I did not see Sheen take up a poker.

CHARLES LKARY . I went into this room about a quarter to nine o'clock—Mrs. Sheen was sitting up in bed—the prisoner came in—she asked him for rent—he said, "D----it, am I going to give you rent every hour I come to the place?"—they grossly abused each other, and in about a quarter of an hour a chair stood by the prisoner—he laid hold of it, and as he was lifting the chair it fell from him—he did not throw it from him—I think it was pure accident—he took it up by the back—I cannot tell what he lifted it up for—the leg of it came directly on the side of deceased's head.

JOHN LIDDLE . I am a surgeon. My assistant went to see the deceased, but she was dead then—I examined the body, by the Coroner's sanction—the death was caused by extravasated blood, to the amount of four ounces, on the dura mater, on the left side of the head—there was no external mark, but I found extravasated blood on the temporal muscle, between the skin and bone—I attribute the extravasated blood to a blow—I think a chair might occasion the injury.

Prisoner's Defence. I was in liquor; I had been to a meeting the night before; I come home about nine o'clock; Mrs. Sheen said, "Will you give me any money?" I said, "I gave you some yesterday, and will give you none;" she blackguarded me, and I her; the chair stood in my way; I took it up; it fell out of my hand; I did not know deceased was in bed; they only came here for their own benefit, and have been wrangling among themselves who should come against me.

GUILTY . Aged 28.—Recommended to mercy.— Confined One Month.

Before Mr. Baron Alderson.

12th May 1845
Reference Numbert18450512-1061
VerdictGuilty > lesser offence

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1061. MARIA EATON was indicted for feloniously assaulting Charlotte Repuke, and cutting and wounding her on her left and right armty with intent to do her some grievous bodily harm.

CHARLOTTE REPUKE . I was a pauper in St. Giles's workhouse; the prisoner was also a pauper—on the 10th of May, between ten and eleven o'clock in the morning, I was walking up and down the yard—the prisoner was sharpening her knife for her dinner—she had a bit of oakum sticking on her nose—I was laughing at her, and asked why she did not take it away, because she looked foolish—sh" called me a stinking, rotten wh—, knocked me down, and tore my bonnet off my head—I caught hold of her bonnet, and then she cut my arm and hand with the knife—I do not say that she did it on purpose—she cut me twice on one arm, and once; on the other—she is subject to fits, and is rather weak in her understanding—she has been a good while in the workhouse—she was there before me.

SARAH YATES . I was walking up and down the yard with Repuke. The prisoner had a bit of oakum stuffed up her nostril—it hung down—she looked very odd—Repuke laughed and said, what a simple girl she made of herself, to make people laugh at her—she was cleaning her knife on one of the stones—I do not know whether she is light in her head—I have not been in the house long—she called Repuke a very bad name, caught hold of her bonnet and cap, and tore it off—Repuke caught hold of the front of the prisoner's bonnet, and tore it—I then saw the prisoner strike her with the knife twice on her left arm—I suppose she did it on purpose.

Prisoner. I did not mean to cut her witli the knife; I was only giving her a blow, as she gave me one. Witness. Repuke only just touched her on the shoulder.

WILLIAM BENNETT . I am house-surgeon, residing in St. Giles's workhouse. I have known the prisoner since last Jan. twelvemonths—she is very frequently subject to fits—she is a person of weak intellect at all times, but after the fits, on several occasions, she has been so bad as to be absolutely under restraint—Repuke came to me with a very extensive cut in her left arm above three inches in length, and nearly a quarter of an inch deep—it was not at all dangerous—there was a second cut on the same arm, and a third on the right arm—there must have been three blows—a knife is just the sort of instrument that might hare inflicted them.

Prisoner's Defence. I did not mean to cut her; I fainted away; I war going off light in my bead; and I hardly knew what I was about; as I was cutting her, I cut my own hand.

GUILTY of an Assault. Aged 26.— Confined Six Weeks.

OLD COURT.—Monday, May 19th, 1845.

First Jury, before Mr. Recorder.

12th May 1845
Reference Numbert18450512-1062
VerdictGuilty > unknown

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1062. THOMAS THOMPSON was indicted for breaking and entering the dwelling-house of William Findlay, on the 22nd of April, at Bromley, St. Leonard's, and stealing therein, 1 table-cloth, value 5s.; 2 sheets, 10s.; 2 pairs of stays, 10s.; 1 clock, 15s.; 1 cape, 12s.; 3 gowns, 4l. 10s.; 7 shawls, 5l. 13s.; 3 coats, 3l.; 5 waistcoats, 1l. 15s.; 4 pairs of trowsers, 1l. 5s.; 5 shirts, 1l.; and 2 handkerchiefs, 5s.; his goods.

HARRIET PATMAN . I live with my father and mother, at No. 3, Catherine-street, about a dozen doors from Mr. Findlay's. On the afternoon of the 22nd of April, after two o'clock, I was at the window up-stairs, and saw the prisoner go in at Mr. Findlay's front door—he had nothing with him—he was some short time before he got in—he came out again in about ten minutes, with a black bag on his shoulder—in consequence of suspicion, I pointed him out to Mr. Ockendon, who was coming by, and he went in pursuit of him.

Cross-examined by MR. PAYNE. Q. You had never seen the prisoner before? A. No—there were persons passing along the itreet—not a great many—I knew Ockendon before—the person was a very short time before he went into the house, and when he came out he walked away directly, fast, with the black bag on his shoulder.

COURT. Q. Did you point out at the instant to Mr. Ockendon the man you saw come out of the house? A. Yes.

WILLIAM OCKENDON . I am a carpenter, and live in Catherine-street, Bromley. At the time of the robbery I lived in High-street, Poplar—on the 22nd of April, about two o'clock in the afternoon, Harriet Patman spoke to me, and pointed out the prisoner to me—he was going across Grundy-street, which crosses Catherine-street, carrying a black bag—I followed him, and called "Stop thief!"—I did not come up with him then—on turning the corner of a street, I saw him running away—he was the same man I had seen with the black bag—the bag was then lying in the middle of

the path way round the corner—I followed him into Crisp-street, and there lost him—I afterwards went round to the back of Tomlin's-terrace, and the prisoner there kicking up the grass, as if looking for something—I asked him to come back along with me—he asked what for—I told him if he had done nothing he was ashamed of he would not mind coming back—he said he was going on particular business, and be should not come back along with me—I followed him till we got to the Circus-fields—I there saw a policeman coming down a street—the prisoner turned on his heels, and rait back the same road he had come—I sung out "Police!" and "Stop thief!" and pursued the prisoner—I saw policeman Collett, near Abbott's-fields—I pointed out the prisoner to him. left him in pursuit, and went back and got the bag, which I delivered to Randall—I have not the least doubt the prisoner is the man who was carrying the bag.

cross-examined. Q. Was he an acquaintance of yours? A. Not at all—I first saw Patman in Catherine-street—she had not got up to Mr. Findlay's house when I saw her, and the man carrying the bag was about twenty yards from Mr. Findlay's—when I got to the corner of Grundy-street he was about a hundred yards down it, crossing the street—I did not see the bag dropped—I found it in Tetley-street, at the back of the Duke of Clarence public-house—Tetley-street runs into Cross-street, and Tomlins'-terrace is about fifty yards from there—I saw the policeman in Alethorpe-street—the Eldridge is the upper part of Crisp-street.

PETER THOMAS COLLETT (police-constable K 283.) I was in Catherine-street, on Tuesday, the 22nd of April, and overtook Ockendon, going down the Eldridge, which is about five minutes walk from Catherine-street—he pointed out the prisoner to me, who was running across the fields—I pursued him over Leabridge to Bow-common, and there apprehended him—he ran all that way—I told him I apprehended him for stealing some clothing—he made no remark—I brought him to the station—I did not hear him say there that he had done nothing—I did not hear him say anything.

Cross-examined. Q. Do you mean to swear he did not say he had done nothing? A. I know it was said that he had not committed himself in any way—I did not hear him say so—(looking at his deposition)—this is my signature—it was read over to me before I signed it—I have no doubt this is correct, but it is so long ago—I have been three years in the police—I am certain that the man I stopped was the person I saw at first—I cannot be mistaken—it is a straight road—we had run in a direct line.

WILLIAM RANDALL (police-constable K 168.) I heard the cry of "Stop thief," on the 22nd of April, as I was in my own house, in Tetley-street—I found some persons collected round a black bag, which I have here—it contained all these articles which are claimed by Mr. Findlay.

JOSEPH LEWIS . On the 22nd of April I was at the back of the Duke of Clarence, and heard Ockendon sing out, "Stop thief!"—I immediately T turned round, and the prisoner passed me with a black bag on hit" shoulder—Ockendon sung out "Stop him!"—I turned immediately again, and saw the prisoner drop the bag, two or three yards from my feet—I remained by the bag while Ockendou went after the prisoner—in about ten minutes Randall and Ockendon came up, and took the bag and me to the station—I am sure the prisoner is the man.

Cross-examined. Q. Was he an acquaintance of yours? A. No, 1 never saw him before, and only for a short time then—I slewed round, and saw him run bv ine.

COURT. Q. How soon after you got the black bag did you see the prisoner in custody? A. About a quarter of an hour afterwards.

JANE FINDLAY . I am the wife of William Findlay, and live at No. 11, Catherine-street, in the parish of Bromley, St. Leonards. On the 22nd of April I went out, between one and two o'clock, leaving the house all fastened up—I pulled the street-door close, and tried it with my hand—it was fast—the catch was right—I came back a little before four that day, and found a constable and some neighbours standing near my door, which was then shut—I opened it with my key, and entered the house—the place was all in confusion—articles were scattered on the floor, the lock of a chest broken off, and the lock of a trunk pressed—I missed the articles found in this bag—I identified them at the station, as my husband's property—they are worth about 20l.—I also lost three silver and two metal spoons, but did not get them again—with that exception all the things are in the bag.

GUILTY . Aged 31.— Transported for Ten Years.

12th May 1845
Reference Numbert18450512-1063
VerdictsGuilty > unknown; Guilty > unknown
SentencesTransportation; Transportation

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1063. RICHARD FREEMAN was indicted for breaking, and entering the dwelling-house of John Ragell, on the 24th of March, at St. Dunstan, Stebonheath, alias Stepney, and stealing therein, 1 coat, value 1l.; 1 pair of trowsers, 13s.; 3 waistcoats, 18s.; 6 handkerchiefs, 1l.; 1 shawl, 14s.; 1 apron, 6d.; 5 spoons, 2l. 5s.; 2 buckles, 2s.; 2 necklaces, 25s.; 1 breast-pin, 1s.; 3 rings, 30s.; 1 brooch, 2l.; 3 combs, 3s.; 1 watch-guard, 3s.; 1 bed winch, 1s.; 1 key, 6d.; 1 handkerchief, 6d.; 1 plum-cake, 6d.; 1 bottle, 6d.; and 1 pint of gin, 1s.; his goods: and ELIZA MITCHELL , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.

JOHN RAGELL . I live at No. 45, Bedford-street, Commercial-road. On Easter Monday I left my house, from half-past five o'clock in the evening till fourteen minutes before eight o'clock—I had left my two part lour doors locked, and found them forcibly opened, and also two bed-room doors—I missed the articles stated—I have since seen the key of my back-parlour door and a silk handkerchief—I missed a cake and a bottle containing some gin.

Cross-examined by MR. ROBINSON. Q. How had the doors been opened? A. By a foot, and some sort of instrument, not by a key—I should think all these things would make a large bundle—if divided they would be smaller.

WILLIAM DAVISON DAY (police-constable K 74.) I apprehended the prisoners at No. 17, John's-place, Bedford-square, Stepney, about a hundred yards from Bedford-street—I found this silk handkerchief in Freeman's coat pocket, which was hanging on a chair—he said he had had it by him two years and better—it belonged to a relation of his—I found this key on the top of a cupboard in the room, also some skeleton keys—they said they were living together as man and wife, and they were going to be married—I found this bottle in the cupboard—it has contained gin—I found this velvet waistcoat, and this shawl in the room—Mitchell said she bought the shawl two years ago of her mother for 10s.—I produce a pair of black trowsers and a handkerchief, which I received from Mrs. Waters, and a coat which I got from Luden next door.

Cross-examined. Q. When was it you apprehended them? A. I think un the Monday following the robbery—there may be one or two lodgers in the house—it is let out in apartments, I believe.

ELIZABETH WATERS . I keep the Lion and Lamb beer-shop in Ratcliff-highway. I delivered a pair of trowsers and a handkerchief to Day—I bought them of Freeman on the Tuesday or Wednesday following Easter Monday.

Cross-examined. Q. Had you known him before? A. Yes, for twelve months.

FREDERICK LUDEN . I am a slop-seller, and live in George-street; it used to be called Ratcliff-high way. About the 26th of March, Freeman sold me a coat, which he said his father had given him, but it would not fit him, it was too long waisted for him—I gave him 18s. for it a day or two after he first showed it to me—this is the coat.

CHARLES TRAVELL . I produce a waistcoat and handkerchief pledged on the 25th of March by a person in the name of John Jones—I cannot recognise the party.

GEORGE MOUNTFORD (police-constable K 118.) I produce a ring which I took off Mitchell's finger in Clerken well prison.

JOHN RAOKLL re-examined. This coat, shawl, waistcoat, handkerchief, and trowsers are mine—this is the key of my back parlour door—I had left it in the other parlour, not in the door—I found my front door as I had left it—I had shut it firm—I left no person in the house—all the things produced were taken at the time my house was entered—part were taken from the two parlours, and part from the two bed-rooms, and all those doors had been forced.

LYDIA CLARK . I keep the house No. 17, John's-place, Bedford-square. The prisoners lodged with me as man and wife—they were living there on Easter Monday—I saw Freeman about a quarter-past seven o'clock that evening—my little girl let him in—Mitchell was not at home then—they went out together in the morning, I believe—they came home about half-past twelve o'clock at night—I went up stairs and had a small drop of gin and a little bit of cake with them—the gin was given out of a bottle of this sort—Freeman said it was his wedding-day, and the cake was part of a cake his sister had made—I saw articles in the room which I had not seen before—Freeman showed me a silk handkerchief, a great coat, and a shawl—I saw a coral necklace—Freeman put it round Mitchell's neck—he said he had bought the shawl of his sister—Mitchell had taken the lodging—she had lived there nine months—Freeman had lived there five or six weeks for a constancy—they were not living together when she first came—Mitchell paid me the rent until the last three weeks, when Freeman paid it me—I do not know how Freeman got his living, or of his working anywhere.

Mitchell. Q. You did not see Freeman put the coral necklace round my neck? A. He did, and said, "What do you think of that, Mrs. Clark?"—he said he had another one in his pocket that he meant to give? to his sister, and likewise a ring—I only just saw the glimpse of the ring and could not swear to it.

JOHN RAGELL re-examined. I lost a coral necklace—it has not been found—my house is in the hamlet of Mile-end Old-town—this mine—it is a garnet—I lost that at the same time.

Prisoner. The prosecutor saw it on my finger at the office; the officer asked if it was his ring, and he said no. Witness. At the first interview I could not identify it as mine, but I told my wife of it, and she immediately recognised it.

MRS. RAGELL. I am the prosecutor's wife. This ring is mine—I used to wear it on my middle finger—it fits me—(putting it on)—I positively swear it is my ring.

Mitchell's Defence. I said I bought the shawl last summer, but I did not; Freeman gave it to me, and the ring also; I kept it on my finger after the prosecutor saw it, which I should not have done had I known it was stolen.

(Richard Cumming, pastrycook, No. 99, High-street, Shadwell; and William Cameron, builder, No. 4, Bulow-street, Commercial-road, gave Freeman a good character.)

FREEMAN— GUILTY . Aged 33.— Transported for Ten Years.

MITCHELL— GUILTY . Aged 27.— Transported for Seven Years.

(There were two other indictments against the prisoners.)

12th May 1845
Reference Numbert18450512-1064
VerdictGuilty > lesser offence

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1064. MARY SULLIVAN was indicted for feloniously assaulting William Sheehan on the 12th of May, and cutting and wounding him on the nght eye and forehead, with intent to do him some grievous bodily harm.

WILLIAM SHEEHAN . I am a labourer, and live in Horace-street, Marylebone. On the 12th of May, between ten and eleven o'clock at night, I came out of No. 1, Horace-street, and saw Michael Sheehan and the prisoner's husband fighting—her husband said to me, "Do you think worse of your brother than you do of me?"—I said, "Yes, certainly," and he knocked me down—my brother was nearer to me than I was to Sullivan—I did not think my brother the most in fault—I was not there at the commencement—when Sullivan knocked me down, the prisoner came with a knife and struck me in the face—I had struck her husband after he struck me, and then her brother struck my brother—she made a second attempt, and a man shoved her off—she made a third attempt at my brother, and wounded her husband—tbey were fighting—I followed her into the room, and said, "Mary Sullivan, I give you in charge for stabbing me"—she instantly threw the knife away—it was a (able knife—my wound was dressed at the station.

Cross-examined by Mr. PAYNE. Q. At the time the prisoner came out, her husband, you, and your brother, were all down on the ground, were you not? A. Yes, and her brother also—I do not know how the row began—I am very often in prison—the prisoner has been convicted twice of assaulting the police.

WILLIAM HIFFERAN . I am a labourer, and live in Tooting-court, Marylebone. I heard the cry of "Murder," and found the two Sheehans lying on the ground, and the prisoner's husband over them—I did pot see the prisoner when I first came up, but the persons around hallooed, "Murder! the knife"—I looked round, and saw the prisoner with the knife, stabbing the man—she went off, and I went after her—I saw the knife in her hand—I am not related to any of the parties—I saw Sheehan's head bleeding a little.

Cross-examined. Q. You did not see the man's face cut? A. I saw her stabbing away, but I did not exactly see the knife at the time—I have been once in custody for fourteen days—I have been twice in custody—I believe they have a good many rows in this neighbourhood—I do not live there—I live more than 100 yards off—I went there to accompany a person home who had been with me to the fair at Chalk-farm.

DAVID QUILL . I live at No. 3, Harace-street. I saw Michael Sheehan and Patrick Sullivan arguing with one another—Michael Sheehan wanted to fight Sullivan—Sullivan did not want to fight with him—he said he would fight—Sullivan said, "If I have no other way of extricating myself from you, I suppose I must fight"—Michael Sheehan struck Sullivan, and they struck one another—they had another quarrel after that—Sullivan came out and struck Sheehan with a stick, and tumbled him on the street—William Sheehan was also in the street, and they were all three tumbled down—I saw the prisoner come up with a knife—William Sheehan was fighting with her husband as well as Michael—he came to his brother's assistance, as far as I could see—they were all three down—the prisoner first struck William, and then attempted to strike Michael, but in doing so she struck her husband.

Cross-examined. Q. I believe you were once charged with killing a man? A. I could not be—I knew a man named Newnham, and remember his death—it was said I had something to do with it, but they were not able to prove it.

MICHAEL SHEEHAN . I live in Britannia-gardens, Moote-street, Marylebone. I was in Horace-street on this night, and saw the prisoner and her husband—the prisoner kicked me twice—I asked her what it was for—her husband told me not to take notice, as she was drunk—I said I did not want to take notice of the woman, but I would fight him—her brother then struck me, and I struck him—then the prisoner and her husband struck me, and knocked me down—they all ran in—I followed them to the door, and kicked at it—her husband came out with a stick, struck me in the head, and knocked me down—the prisoner was coming towards me with a knife, but Hifferan kept it away.

Cross-examined. Q. Are you very often in prison? A. Yes.

MARGARET SWEENEY . I live at No. 2, Horace-street. I heard of the fight—I came out, and saw the prisoner with a knife—I called out, "Murder"—I saw her striking somebody in the forehead with it.

ROBERT COMPTON (policeman.) The prisoner came to me to make some complaint, that persons had been breaking into her house, and assaulting them—as I was going along with her, I met William Sheehan, all over blood, led by another person—he charged the prisoner with stabbing him—I took her into custody, in consequence of what he said, and took her to the station—a surgeon was brought to the station—he is not here—William Sheehan's forehead was in a very bad state at the time—it seemed to be a very large cut across, and a very dangerous wound—it just avoided the eye—it was to the bone, and was bleeding very much.

Cross-examined. Q. He was not taken to any hospital? A. was at the station about two hours or two hours and a half—the surgeon was not before the Magistrate.

(The prisoner received a good character.)

GUILTY of an Assault. Aged 30— Confine Six Months.

OLD COURT.—Tuesday, 20th May, 1845.

Fourth Jury before Mr. Recorder.

12th May 1845
Reference Numbert18450512-1065
VerdictGuilty > unknown

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1065. JAMES BRAY was indicted for burglariously breaking and entering the dwelling-house of William Henry Mason, about four in thenight of the 5th of May, at St. George's in the East, with intent to steal, and stealing therein, 1 jacket, value 6s.; 1 waistcoat, 5s.; 1 shirt, 3s. 6d.; 1 shirt-front, 2s.; 1 shift, 2s.; 1 pillow-case, 1s. 6d.; 1 bottle, 6d.; 1 knife, 1d.; 1 spoon, 1d.; and 1 chimney-ornament, 1d.; his goods.

WILLIAM HENRY MASON . I live in Allen-street, Back church-lane, St. George's in the East, and keep the whole house. On the 14th of May I went to bed at twelve o'clock at night—I shut the parlour window down but did not secure it—I was alarmed at four o'clock in the morning and found it open, and the Venetian blinds which had been shut both open—I lost a jacket, waistcoat, shirt, shirt-front, and pillow-case—a bottle was missing from the mantle-shelf, and some linen of my wife's—I have since seen them all.

WILLIAM ASTBURY (police-constable H 151.) On the morning of the 15th of May, between four and five o'clock, I saw the prisoner on Tower-hill, about three quarters of a mile from the prosecutor's—I stopped him and asked what he had inside his waistcoat—he said it wns his wife's property—I asked where he lived—he said, "Nowhere"—I found the articles named in the indictment on him—he had the jacket and waistcoat on.

HYACINTH CLARK (policeman.) On the morning of the 15th of May I found the prosecutor's window open at half-past four o'clock—the shutters were back, and the blinds open—I gave him notice—the shutters were closed a little before four.

Prisoner's Defence. I met a woman early that morning; she asked me to drink with her; she had these things in her apron, and said they were her husband's clothes; she told me to take them to London-bridge, and the first house we came to we should have something to drink; I said I did not know the way; she said a boy should show me; I followed the boy, and the policeman stopped me; I said the clothes were my wife's, but after showing them to him I said they belonged to a woman who was coming after me; I was intoxicated.

WILLIAM ASTBURY re-examined. He said nothing about a woman following him till he got to the station-house—he was sober.

GUILTY . Aged 29.— Transported for Ten Years.

12th May 1845
Reference Numbert18450512-1066
VerdictGuilty > unknown

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1066. GEORGE WILLIAM EDWARD STOWENLEY was indicted for stealing, on the 14th of April, at St. Marylebone, 1 watch, value 1l., the goods of Simon Rendall: and 2 seals, value 5l.; the goods of Victor Cauchie de la Peletiere, in the dwelling-house of Elizabeth Good.

MR. BALDWIN conducted the Prosecution.

ELIZABETH GOOD . I am a widow, and live at 53, Cambridge-street, Edgware-road, in the parish of Paddington. Mr. Rendall and Monsieur La Peletiere lodge with me—on the 14th of April, about seven o'clock, the prisoner came to me to inquire for lodgings—I showed him the first floor, which he said would be too expensive, and wished to see the second floor—I told him it was occupied—he said if the gentleman would take the first floor he would take the second—I said if the gentleman would take it instead of that I would let it—he said he would come next day at twelve o'clock—I showed him the rooms on the second floor which the Messrs. Rendall and La Peletiere occupied, and where the property in question was—he did not call next day as he promised—I gave information to the police.

SIMON RENDALL . I am a solicitor of Clement's-inn—I occupied a bed-room at Mrs. Good's—on the 14th of April I left a watch on the mantel-piece when I went out—I missed it next morning—I have not found it?—it was an old fashioned embossed watch, worth about 1l.

VICTOR CAUCHIE DE LA PELETJERE . I occupied a room at Mrs. Good's, on the 14th of April—I missed from my bed-room that day two gold seals which I have seen since—I think them worth about 8l.—(looking at them)—these are mine—I am sure they are worth more than 5l.

JAMES DRY . I am in the employ of Mr. Walters, pawnbroker, High-street, Marylebone—I produce two gold seals and a pin pawned by the prisoner on the 14th of April, a little after eight o'clock in the evening.

NATHAN JARVIS (police-constable E 44.) In consequence of information and a description given to me by Mrs. Good, I took the prisoner into custody, and on his way to the station, on Saturday evening, a duplicate was picked up by another constable, not nowin the police, and given to me—it was for these two seals.

Prisoner's Defence. I was taken on another charge, and taken to Tavistock-street, Clerkenwell; the policeman knows he had upwards of six pepple in custody on the evening the duplicate was found; he never brought forward the person who found the duplicate; he took me to a house where similar robberies had been committed, and they said I was not the person; I had only been in London six weeks, and never went near Cambridge-street; I have not had time to write to my friends in Paris, as the police-man said he was certain I should be tried on Thursday; the prosecutrix swore to me because I had a lace cap on, but it being handed to her she said the party left the cap in a room and asked her to fetch it, which aha did, and this was not the cap as it was not so heavy as that one.

MRS. GOOD re-examined. I am certain he is the man who came to the house—I did not know him before, but have not the least doubt of him—he had a blue cap with a lace band on, but I spoke to him from his speech, a patch across the nose, and his features altogether—I was half an hour in his company—I did not speak to him from the cap—he gave me a false address, in Bryanston-street

JAMES DRY re-examined. I have not the slightest doubt of him—I can swear to him positively.

ELIZA GOOD re-examined. I am the prosecutrix's daughter—the prisoner is the person who came about the lodgings on the 14th of April—I am quite certain—I was sitting in the drawing-room with him for half an hour, because he could not see the rooms, as the gentlemen were dressing.

GUILTY . Aged 23.

12th May 1845
Reference Numbert18450512-1067
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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1067. GEORGE WILLIAM EDWARD STOWENLEY was again indicted for stealing on the 14th of April, 1 breast-pin value 14s., the goods of Archibald Graham.

CHARLES GURLING . I live at 51, Cambridge-street, Edgeware-road, and let lodgings. On the 14th of April, Archibald Graham lodged with me—he has since gone abroad—the prisoner came to me that day about lodgings, about a quarter to seven o'clock in the evening—I have not a doubt about him—he partly engaged the lodgings, and gave me this address in writing—(read—"George Daniel Gresback, 11, Bryanston-street, Bryanston-square")—I know Mr. Graham had a box containing a pin at my house—I have seen the box, but never saw the pin—he left about six dayt after the robbery—he missed the pin the same night.

FREDERICK SYKES . I know Mr. Archibald Graham who lodged at 51, Cambridge-street—I know the pin now produced belongs to him, it was set with garnets as this is—I have seen it in his shirt—this is the box it was in—I cannot say when I had seen it last—I am positive I have seen the pin twice if not oftener—it was in his shirt, but I touched it with my hand, and noticed it—I examined it minutely, and can swear to it—I have seen the box.

Prisoner. Q. Did you see the address on the box? A. I did not remark the address—here is the jeweller's address, "E. J. & W. Marshall, jewellers, 44, George-street," on it.

CHARLES GURLING re-examined. I know this box to be Mr. Graham's—it was taken as well as the pin—I never looked at the address on the box—my house is two doors from the prosecutor's in the last case.

JAMBS DRY . I am a pawnbroker. I produce a pin pawned at Mr. Walter's, my master, in this box, by the prisoner, with the other articles, in the last case.

Prisoner's Defence. Not succeeding in the line of defence I took before, I feel compelled to take the benefit of the law. I think if it is impossible to bring forward the person belonging to the pin, the person who sold it should appear, as his address is on the box, he could identify the thing he made I should think; but a man comes and says he saw it in the gentleman's shirt twice. Is it likely he can recognize a pin from seeing it twice? he says he saw it in the box. Mr. Graham, at the office said, he had two boxes of the very same description, but only one was missing, and at the time the young gentleman saw the box it was not the one the pin was in, but the other. I see by the duplicate the three articles are pawned for 12s.; it is stated the seals are worth 8l., how can the pin be worth 14s. if 12s. only were lent on the whole?

NATHAN JARVIS (policeman.) Inquiry has not been made at the jewellers.

FREDERICK SYKES re-examined. I saw the box once—there were two boxes, but one was open, and Mr. Graham had the pin stuck in his shirt.

JAMES DRY re-examined I should not consider the seals worth 30s. as they are engraved—the prisoner asked for 14s. I believe—I gave 12s., we consider seals of little value now.

GUILTY. Aged 23.— Judgment Respited.

12th May 1845
Reference Numbert18450512-1068
VerdictsGuilty > unknown; Guilty > unknown; Guilty > unknown
SentencesTransportation; Transportation; Imprisonment

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1068. GEORGE BRACEY and JAMES FISHER , were indicted for stealing on the 7th of April, at St. Marylebone, 2 coffee-pots, value 18l.; 89 spoons, 70l.; 55 forks, 70l.; 3 knives, 15s.; 4 wine-labels, 1l.; 1 soup-ladle, 3l.; 1 fish-slice, 2l.; 1 wine-strainer, 1l. 10s.; 1 cream-ewer, 2l.; 2 cups, 4l.; 2 muffineer-tops, 10s.; 5 ornaments, 100l.; 1 bottle, 10l.; 8 shirt-studs, 2l.; 2 pins, 2l.; 1 pair of sugar-tongs, 10s.; 2 decanter-stands, 3l.; 1 eyeglass, 1l.; 1 pencil-case, 1l.; 1 ring, 1l.; 4 razors, 1l.; 4 coats, 10l.; 1 hat, 10s.; 10 waistcoats, 4l.; 14 handkerchiefs, 4l.; 6 scarfs, 1l.; 4 pairs of trowsers, 1l. 10s.; 1 cloak, 1l. 10s.; 4 pairs of boots, 2l.; 1 telescope, 1l.; 2 purse-slides, 10s.; 2 snuff-boxes, 1l. 5s.; 12 shirts, 3l.; 1 carpet-bag, 10s.; 1 stand, 3l.; 5 sovereigns, and 1 half-sovereign, the goods of John Rivett Carnac, the master of Bracey, in his dwelling-house: and WILLIAM TOMLIN for feloniously receiving 1 pencil-case, 1 ring, 1 shirt, 1 snuff-box, 1 telescope, 2 purse-slides, 1 handkerchief1 pin, 1 scarf, and 1 hat; part of the said goods, well knowing them to have been stolen; to which

BRACEY pleaded GUILTY .— Transported for Fifteen Years.

MR. BODKIN conducted the Prosecution.

CAPTAIN JOHN RIVETT CARNAC , R.N. I live at No. 46, Devonshire-street, in the parish of St. Marylebone; Bracey had been in my service, as footman, for three months before this occurred; he had the care of my plate, and had access to my wearing-apparel and property. I was aroused on Thursday morning, the 17th of April, about seven o'clock—I went dowa stairs to the lower part of the house, found the plate-chest open, the trays lying about, and the plate gone—I missed the plate stated in the indictment, and from my dressing-room a dress-coat, a large blue cloak, and a variety of articles of apparel—Bracey was also gone—the value of the whole property was about 400l.—I missed from a writing-table two 10l. Bank-notes and five sovereigns, which were. Quite safe, and the house apparently fast, the night before—Bracey slept in the pantry below—there was a strange coat and hat found in the house, which the police took possession of.

THOMAS HARRISON (police-constable D 14.) I went to Captain Carnac's on the morning of the 17th of April—I found this hat and coat, and in the pocket of it is a handkerchief, gloves, and a pocket-book, containing a letter and six duplicates—the name of "Fisher" is on the duplicates and letter—I showed the coat to Fisher at the station—he said it was his; also the pocket-book, letter, and duplicates—the hat and handkerchief he said he knew nothing of, that he had lent the coat to Bracey on the Tuesday, three weeks before, which would be the 16th, the Tuesday before the robbery.

ANDREW WYNBSS (police-constable D 43.) I heard of this robbery on the 17th of April—I saw Fisher on Tuesday, the 6th of May, at the corner of Westbome-terrace, Faddington—I did not know him before—I went towards him, and he went from me, he mended his pace, and walked very quick on seeing me coming towards him—he was standing still at first, and when he got to the corner of Conduit-street he set off running very fast—I ran and overtook him in London-street, about 400 yards from where I first saw him—I said, "Your name is Fisher, I believe"—he said it was—I said, "I take you into custody on suspicion of a robbery at No. 46, Devonshire-street, the house of Captain Carnac"—he said he knew nothing about it—I took him to the station—he had a hat on, which I produce.

Cross-examined by MR. ROBINSON. Q. Had there been any examination at the police-office before you took him? A. No—bills bad been printed offering a reward—he mended his pace, and ran when be came to the first turning—I did not run till he did.

JOHN COOPER (police-constable D 84.) On the morning of the 17th of April I was on duty in Paddington-street, where there is a cab stand, at twenty minutes after one o'clock—I saw the prisoner Fisher come there with a portmanteau—he came from High-street, which is In a direction from Devonshire-street—it would take a man seven or eight minutes to walk from there with a portmanteau—it is the nearest cab- stand in that direction—he called a cab, and got into it with the portmanteau.

Cross-examined by MR. ROBINSON. Q. Which shoulder had he it on? A. I cannot say—he was coming towards me on the same side of the way—

I had never seen him before—he stopped right under the lamp to call the cab.

SAMUEL GUNN . I am a cab- driver. I was on the stand in Paddington-street, on the 17th of April, about half-past one o'clock in the morning, and remember taking a person up with a portmanteau—I drove him to South-street, Sloane-square—he stopped me there, got out, and walked on with the portmanteau—we did not stop at any house—the prisoner Fisher resembles the man very much—I believe him to be the man.

Cross-examined by MR. ROBINSON. Q. It was dark all the time? A. Yes—I had no other opportunity of seeing him.

RICHARD BARTLETT (police-constable D 82.) On the 17th of April, about half-past four o'clock in the morning, I was on duty in Great Marylebone-street, and noticed two men come down High-street, and call a cab from the stand there two or three times—one drove up—I walked up to the cab and saw them get in—they had a carpet-bag and a cloak—they told the man to drive to Chelsea—the prisoners Bracey and Fisher are the two men.

Cross-examined by MR. ROBINSON. Q. You had never seen them before? A. Never.

BENJAMIN SUMMERS . I am a cab- driver. On the 17th of April, about half-past four o'clock, I was called by two men at the corner of High-street and Little Marylebone-street—they got into my cab with a carpet bag and cloak—the bag appeared very heavy—the cloak was open on one of their arms—they ordered me to Chelsea—I asked what part—they said, "Go on to Chelsea"—I said, "Tell me what part, and I shall know the nearest way to go"—they said, "Go towards Buckingham Palace"—I went down Grosvenor-place, and turned to the palace—they ordered me to turn to the right, and, two or three turnings up, they told me to turn to the right to Eaton-square—when I got there they told me to go to Sloane-square, which I did—they got out there with the bag and cloak, paid me, aud walked away—Bracey and Fisher are the men—they asked me to give change for half-a-sovereign, which I did—I had an opportunity of observing their faces, and have no doubt of them at all.

WILLIAM GINN . I lodge at No. 10, South-street, Sloane-square, Fisher lodged in the same house. On the morning of the 17th of April, my wife had occasion to go out to work early, and I was up at ten minutes to five o'clock—as she went out, I noticed two men come in, it was Fisher and Bracey—Fisher came in with a carpet bag, and Bracey had a large blue cloak on his body—I went out myself in about five minutes.

THOMAS RICHARDSON . I live at No. 74, George-street, Chelsea, and am a labourer, but am not in employ now—I have lived there about five months—I was acquainted with the prisoner Tomlin—in April last he was out of employ—he has been a shop-boy—he lived with Mr. Gadson, a grocer. On the 21st of April I was in his company, in King's-road, Chelsea—he left me to join a man who came up—T did not see his face—Tomlin appointed for me to come to No. 22, Doyley-street, Chelsea, where he lodged that night—I went, but did not stay at all, he came down and told me his cousin was there, and he could not come out—I saw him next morning in bed—he got up, and came out with me—he said he had been out the night before, and had had a glass or two with Fisher, and got drunk—he asked me to sell a pencil-case for him—I did not agree at first, but at last I did—he was in the street then—I went to his lodging—he produced the

pencil-case and a ring—he broke them up—we came on together, and went to Knightsbridge—he said he would not sell them there, he was known; and we went to Soho—I went into Mr. Fry's, a working jeweller's there, and sold the things for half-a-crown, which I gave to Tomlin—I did not ask any price for them—we went back to Chelsea—a man passed us in George-street, and Tomlin ran away from me—he came back, and said he did not want that man to see him with me, because he was watched, and the man was a Bow-street officer—I said, "Why don't you insult him? I would if he was watching me"—he said, "Hold your tongue, you are not acquainted with the circumstances; there has been a robbery, and I have got part of the things; that pencil-case you sold is part of the property"—I went to his house—he showed me sme more things, and said they were also part of the property, that they belonged to Captain Carnac, and Fisher, who I had seen him with on Sunday, was the party who carried them away, with the gentleman's servant—he showed me a gold pin, two gold slides of a purse, and a silk handkerchief, and said they also were part of the stolen property—I afterwards found a piece of the gold pencil-case left in my pocket—as soon as he told me this, I went to the station, and spoke to Superintendent Hughes about it, and gave up the piece of gold—after I had given information, on the Friday or Friday week, Tomlin showed me a hat—he said Fisher had it, and it belonged to the gentleman where the robbery was committed, and he was going to have it relined, and the rim altered, for Fisher—it had no lining then—he was to take it to Fisher next day—I walked with him as far as Mr. Chetham's, a hatter—he went in and left the hat, then came out and joined me again.

Cross-examined by MR. PATNE. Q. How long have you known Tomlin? A. About eighteen months—his mother is a widow—I told the superintendent of this the day after I sold the pencil-case—I was not very intimate with Torolin—Fry gave me the money for the pencil-case—I have had no regular employ since last Nov.—I saw the policeman at the station between eleven and twelve o'clock—he returned me the pieces of pencil-case, and I gave it to another policeman the same morning—Tomlin was not taken for some time after—he once lived with Mr. Davis, of South-street, and left there about two months ago—since that he has been with Mr. Mills—he has had no regular employ since—I sold the pencil-case on Tuesday.

CHARLES CHETHAM . My father is a hatter, and lives in Grosvenor-road, Chelsea. I know Tomlin—he brought this hat to me to have the lining and brim altered—it was done, and it was returned to him, I think, next morning—I am certain he is the person—it was three weeks ago last Friday—I believe this to be the hat—(this was the hat found o" the prisoner Fisher.)

THOMAS HARDWICK (police-constable D 80.) I apprehended Tomlin on Tuesday, the 6th of May, at Mr. Miles's, Grosvenor-row, Chelsea—I told him I took him for being concerned in a robbery at Captain Carnac's house—he said he knew nothing about it—I took him to his lodgings, No. 22, Doyley-street, where his mother lived, and a female cousin of his, named Saltmarsh, was there—she is now dead—I went and found her husband at work at the Royal Oak public-house—I then went to Saltroarsh'a house, and received from him a bundle containing a pair of boots, a silk handkerchief, a box, containing two purseslides, a gold pin, a shirt, a scarf, a collar, some white handled forks, some knives, and twenty-three

duplicates—I afterwards went to No. 22, Doyley-street again—I had Jeft Tomlin there in charge of another officer—he was taken to the station—I searched him at his mother's house, and found 3s. 10d. in silver, and 1s. 9d. in copper on him—the key of his box was given up, and I found in it a spy-glass—I found in the back room a large bundle of keys, and a small crow-bar, called a jemmy—Tomlin said the keys were his father's—Kicnardson gave me this part of a pencil-case when I received the information about the 24th—he made a communication to me, and went with me to Fry's.

Cross-examined by MR. PAYNE. Q. You found Tomlin at Mr. Mills's his master? A. Yes—he is a cheesemonger—he had been there about a week—fomlin was present when I found the keys and crow-bar in the back room—there are only two rooms in the house—his mother was present—I got the key of the box from his pocket.

HENRY SALTMARSH . I have lately lost my wife; she was Tomlin's cousin I understood—I gave the officer a bundle from a chair in my room now it came there I do not know—it must have come there during my absence—shortly after the death of my wife, Tomlin's mother came to my house and applied to me for the bundle.

EDWARD FRY . I live at No. 14, Titchfield-street, Soho, and am a working jeweller—I buy gold, and silver, and stones—I bought part of a plated pencil-case of a lad, and sold it about three days before the police-man came—it was the colour of this piece of gold—it was plated inside and out—if there was a broken ring, it was so small I could not notice one from the other—I tried it with acid, and it was gold and metal plated together—I showed it to the young man—I gave him half-a-crown for it, and sold it three days after for 3s. 6d. to a dealer who calls round at the snops—I do not know his name—I should know him again—he calls once or twice a week, but sometimes not for a month.

COURT. Q. Have you a melting-pot on your premises? A. Working jewellers always have—I did not melt this small quantity—the slide of a pencil-case is often made of better gold—the inside of a pencil-case is generally three parts metal—the smarter the shop you go to, you are more likely to get an inferior article.

MR. BODKIN. Q. Did you notice a diamond at the end of the case? A. There was no dimond—it was in small bits—the boy was about Richardson's size—I cannot swear to him—I have weak sight, and had gone under an operation for my eyes three months ago.

HENRY WILLIAM DUBOIS (police-sergeant, N 14.) I was present when Bracey was brought to the station—he was lodging at No. 46, Great Chart-street, Hoxton New-town—greater part of the property was found there.

CAPTAIN CARNAC re-examined. This is my hat, that was taken on the nigh in question—it has since been altered—here is a strange hat which was left at my house—it is the same size as mine—I have tried it on, and it fits me—I identified this small piece of gold immediately—it is the slide of the pencil-case, and is embossed in a peculiar way—I had had the pencil-case twenty years—it was the colour of this slide, and had a diamond at the end, and a cover to it, which had got fixed—I had not been able to take off it for some years—this snuff-box I know—the spy-glass is very similar to what I lost—it was a common one, which I bought at the bazaar for one of my children—these purse-slides are mine—they are not gold—this handkerchief, which was in the box, is mine, and has my

name on it—this scarf, shirt, and boots are mine—all the property found in Bracey's possession is mine, and was safe on the night in question.

Cross-examined by MR. ROBINSON. Q. I suppose this is an old hat? A. No, but it has been much injured since it left me—I bought it at Bearmore's, in Bond-street.

----BEARDMORE. I am foreman to a hatter in Bond-street. Capt. Carnac is a customer of ours—I know this hat is our manufacture, and I believe it to be one made for him.

Cross-examined by MR. PAYNE. Q. Are you sure, in its altered state, that it is your manufacture? A. Yes—I know it by a mark inside, and by the finish.

FISHER— GUILTY . Aged 32.— Transported for Fifteen Years.

TOMLIN— GUILTY . Aged 18.— Confined Six Months.

12th May 1845
Reference Numbert18450512-1069
VerdictGuilty > with recommendation

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1069. ROBERT BEARCROFT was indicted for stealing, on the 1st of April, 1 20l. Bank note, the monies of the East and West India Dock Company, his masters.

MR. CLARKSON conducted the Prosecution.

WILLIAM DIXSON . I am cashier to the East and West India Dock Company, at the Dock-house in Billiter-square. The prisoner was my assistant. On the 1st of April, between eleven and twelve o'clock, I delivered this check for 3014l. 10s. to him to get cashed for me at Smith, Payne, and Co's., with three others—they were all for cash required on behalf of the Dock Company—I had the day before sent Smith and Co. the particulars of the notes I should require—according to the usual practice, one of the messengers was sent with the prisoner, and returned with him as early as I could expect—among other money he brought me 120 20l. notes—I counted them myself, and found them perfectly correct—the 3014l. 10s. was quite correct—he brought me four different sums—I handed the prisoner the whole of the proceeds of the 3014l. check to tie up, to take to Mr. Hunter—the 120 20l. notes were among them—my attention was taken off him for some time—he left me with the messenger to go to Mr. Hunter, and returned shortly after with this note from Mr. Hunter—(This note being read, stated that there was 20l. deficient in the amount purposed to be sent.)

Cross-examined by MR. BODKIN. Q. How long bad the prisoner been in the Company's employ? A. Eight or nine years—confidence was placed in him—he always bore a good character—it has been the custom for years to send a messenger with the clerk—I have been there forty years—the money he brought was divided into four parts at the bankers', according to my request—he brought them to me in one parcel of cartridge paper—I untied the paper, and found them separated, according to my, request—not in separate papers, in separate parcels, but not wrapped up separately—I left the cartridge paper on the counter, and took the notes to my desk—the prisoner was about two yards from me, within the counter—I am not aware that I left the place for a moment till the money was done up—I only delivered him the 3014l. 10s.—I counted them once—I took the four parcels out, then counted the notes of each parcel separately before I gave him the 3014l. 10s.—he did not have the other, parcels—they remained on my desk—he made up the notes in my presence, and went off in a cab with the messenger—probably an hour, or an hour and a half after, he returned from the bankers'—I had other

business to attend to—he was not out of my sight till after I gave him the money—there was a committee of directors held respecting this loss—I have no recollection of stating to the committee that it was impossible the note could be abstracted between my receiving the parcel and handing the prisoner the notes—I do not recollect such a question being put to me—there have been trifling mistakes with the bankers—the prisoner brought me the note from Mr. Hunter about three o'clock, open—I did not notice the time—the note was communicated to the bankers—the prisoner Attended to his duty till he was apprehended—he was married a few months before this.

MR. CLARKSON. Q. Although you did not leave the office while he was there, was your attention called away to other things? A. No doubt of it—I handed him the notes open to tie them up—I did not keep my eye on him—I trusted to him—he could take a note without my observing him—I did not suspect him.

THOMAS HUNTER . On the 1st of April the prisoner came to me with money to pay the Dock servants' salaries—it should have been 3014l. 10s.—it was 20l. short—there was only 119 20l. notes—I counted them twice, and handed them to the prisoner to count—they were counted six times, and, finding only 119, I gave the prisoner an open note to take to Mr. Dixson.

Cross-examined. Q. I believe you first thought there was 10l. short? A. I said there was a difference—it looked like 10l.—I told the prisoner so—I had not ascertained the money wanted then—the prisoner assisted to check the notes off—it was not in consequence of his checking the account that I found it was 20l. short—I found it myself, by referring to the money I should receive—the prisoner came to me about ten minutes after one o'clock—the messenger came with him, as he always does.

COURT. Q. What were the notes? A. 119 20l., twenty-six 10l., and forty-eight 5l. notes; ninety-two sovereigns, 16l. in half-sovereigns, and 6l. 10s. in silver; being altogether 2994l. 10s., instead of 3014l. 10s.—there was no memorandum sent with it of how the money was made up—I sent an account of the amount I wanted.

GEORGE NICHOLSON . I am clerk in the house of Smith, Payne, and Smith, of Lombard-street. On the 1st of April I cashed this check for the East and West India Dock Company—it was brought by the prisoner, accompanied by a messenger—I made an entry of the notes given him—there was 120 20l.—among them was one No. 76568, dated 5th Nov., 1844—there are not two notes of the same number and date issued by the Bank.

Cross-examined. Q. Is the entry in your own handwriting? A. Yes—they were all notes sent from the Bank—the entry is made from every single note—I look at the first and last number, and then count them.

COURT. Q. Do you look to see that they go regularly in order? A. No doubt of it.

MR. BODKIN. Q. What is the first number you have? A. Nos. 76566 to 76570—I have no doubt I looked at all the intermediate numbers—if I paid away 1000 notes, I should no doubt look at each note before I made the entry—we look at the first and last, and then see that the number of each note agrees.

JAMES BAILEY . I am a messenger in the employ of the East and West India Dock Company. In consequence of directions from Mr. Dixson, on the 1st of April, I accompanied the prisoner to Smith, Payne, and Smith's

—it was usual to do so when any clerk went for money—it has been usual for some years—we went in a cab, and received the money—the prisoner took it from Mr. Nicholson, and put it into a sheet of cartridge paper—I held up the blue bag, and he put it into it—we went back in the cab to the Dock-house—I held the bag in the cab until we got to the Dock-house—I there delivered it to the prisoner, and saw him deliver it to Mr. Dixson—I afterwards accompanied him to the West India Docks, in a cab—on the way we called at the Fenchurch-street warehouse—the prisoner took the bag in his hand, and I believe be delivered a parcel to Mr. Williams there—he had a parcel for him—I stopped in the cab—he was not absent two minutes—he took the bag with him—we then went on in the cab to the West India Docks, and the prisoner delivered the parcel to Mr. Hunter, in my presence.

Cross-examined. Q. How long have you been a messenger? A. Nearly twenty years—I have been in the habit of going to the bankers' with the clerks for eighteen years—I believe it is always the practice for a messenger to go when they fetch the salaries—I dare say a clerk may sometimes go for money without the messenger, as well as the messenger without the clerk—the prisoner could not have taken money from the bag between the banking-house and our office without my seeing it, nor between the office and the Docks, where I saw Mr. Hunter—we went into Mr. Dixson's office together—I did not remain there until he came a way—it was not my duty—I did not stay there two minutes—I had some petty cash to give Mr. Dixson, and left immediately, leaving the prisoner with Mr. Dixson—I came back, when Mr. Dixson called me to get a cab to go to the Docks—that might be an hour or an hour and a half, or less than an hour—when I came in I believe the money was put into the bag, ready to go to the Docks—I bad no opportunity of seeing what the prisoner did in Mr. Dixson's office.

CHARLES BAWTREE . I am a clerk in the Bank of England—I produce a cancelled note for 20l. from the Bank—it was brought in on the 1st of April, and is No. 76,568, dated 5th Nov. 1844.

JOHN FRANCIS SMITH . I am a tailor, and live at No. 88, Leadenhall-street—I have not lived there long—before that I lived just over the road, in Fenchurch-buildings, for about eight years—I know the prisoner—on the 1st of April he was indebted to me 14l., which he and his brother had owed me for a considerable time—a portion of it was an old debt, and there was a suit of clothes of his own from Feb.—his brother's was owing some month or two afterwards—he generally paid his brother's account—the first portion of the account was merely a balance of 10s.; but the two suits had been owing for fifteen months—he came to me on the 1st of April, a little after four o'clock, and handed me the 20l. note produced—I gave him six sovereigns in change—I took the note immediately to the Bank, and changed it—I wrote on it, "John F. Smith, 88, Leadenhall-street."

Cross-examined. Q. Are you acquainted with his brother? A. I am—I am sure it was not on the 31st of March that the prisoner came—I have his account in my book—I made a memorandum of the receipt of it in my book—it is not here—I have no reason for not bringing it—some of the prisoner's friends called to inquire into the circumstances under which I had taken the 20l. note—they did not ask me to show them my book, to test the accuracy of the date on which the bill was paid—I will swear that—afterwards Mr. Edward Bearcroft, the prisoner's brother, called to know what his account was, and what his brother's was, as he wished to pay his account

to his brother, as he was doing nothing—that was since the prisoner was taken into custody—his brother Edward did request me to show him the book—I did not show it to him—I told him I thought it unnecessary, as I knew what the account was.

Q. Did not he say he wanted to see the date on which the account was paid by the prisoner? A. He made no observation of that kind, I will swear—I did not understand that his inquiry about the book was to test the accuracy of my statement—he wished to know what he owed that he might pay his brother while he was out of employ—this was after some of the prisoner's friends had been to me—I really can hardly tell what their request was, unless it was to know whether I had really taken the note of him or not—his brother made no reference whatever to the charge against the prisoner—I took the note to the Bank immediately after I had received it—I very frequently do that, I might almost say always—if I said always, I should say what was not true—if I should take a 20l. note from the Recorder, I should not be in a hurry to go to the Bank with it—I do on certain occasions when a customer is not what I reckon A I—when tbey are slippery, or not accountable, when they have put me off, and do not keep their word—I have not many such customers—I did not know that I had any—when I take a note from a person I know nothing of, I take it to the Bank directly, or where a person may not be to he had at a future time, I run to see that it is right—I did not receive any bill from any other customer about this time—I am quite sure of that—I cannot say that I did not do so in that week, or within a day or two—I should have had to look through various books to tell that, because some debts have been owing a great deal longer than I wish—I had no reason for not bringing the book—it was never inquired for—I do not remember a person coming to my shop on the day the prisoner paid his account, and while he was there—there was no one while he was there—he was not there more than five minutes I should think—he came the next day to get a receipt—I will positively swear that no customer came in and paid me anything while the prisoner was there—he did not ask me any question about a person who came in—I am quite certain of that—there was no party there but himself and me, on either day.

MR. CLARKSON. Q. How long have you been in business? A. About ten years—I have made clothes for the prisoner about four years, and his brother five or six—I had been requesting the debt to be paid, and could not get it—I could never have said that the money was paid on the 31st of March—it was promised me on the 31st of March and paid the day after—I have had no notice to produce my book—I was willing to bring it—when the prisoner's brother called about his account there was a person up stain waiting, and no one in the place but myself, I was rather in a hurry and had hardly time to speak to him—he said, "Can you tell me what my account is, as I wish to pay it to my brother, as he is doing nothing now?"—I said, "I know what your account is: it is 5l. 10s."—that was part of the fourteen pounds—he said he should like to see the book, because he wished to be sure of the amount—he said nothing about the date—I said I was certain about the amount being right.

COURT. Q. Where did you apply on the 31st of March for it? A. The prisoner called on the 31st of March and showed me a check for 60l., which he said he should be able to cash in the course of to-morrow, and would call and pay the whole—he had promised it before.

MR. CLARKSON. Q. On the solemn oath you have taken, did you receive that 20l. note from the prisoner or anybody else? A. From the prisoner, if it was on the judgment day—there was no one present at the time I received the note from him.

(The prisoner received an excellent character.)

GUILTY. Aged 28.—Recommended to mercy by the Jury and Prosecutors.

Confined Six Months.

12th May 1845
Reference Numbert18450512-1070
VerdictGuilty > lesser offence

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1070. WILLIAM RAYNER was indicted for feloniously assaulting Thomas Hickey on the 5th of May, and cutting and wounding him on his head with intent to maim him:—2ND COUNT, with intent to disable:—3RD COUNT, to do him some grievous bodily harm.

MR. BODKIN conducted the Prosecution.

THOMAS HICKEY (police-constable B 120.) About half-past eight o'clock on Monday night, the 5th of May, I was on duty in York-street, Westminster, and heard cries and screams of,"Murder!" which led me to the prisoner's house—he keeps a green-grocer's shop there—I saw a crowd outside—he was holding a woman by the hair with his left band, and with his right was firmly grasping a soldier who was trying to prevent him from injuring her—I took bold of the prisoner and succeeded, with the soldier's assistance, in separating him from her—she turned out to be his wife—I told him to be quiet and mind what he was about—he went into a back room, and I thought the affair was over—he came out in less than a minute with an iron poker and struck me with it on the top of my head, as my head was down raising up the woman—I said, "Have you a mind to murder me?"—he hit me over my arm, cut me on the temple, and knocked me down—my hat was off—I had not attempted to interfere with him when he came out of the back room, before he struck me—I did not know he was behind me—I was very much hart and have not yet resumed my duty—I saw a surgeon the same evening—as I was getting up the prisoner took a knife and made a blow at me with that—it cut my boot—he was down at the time—I had thrown him down—we had a long struggle after that—he nsed very threatening language, and aaid several times that he would murder me for entering his shop.

Cross-examined by MR. PAYNE. Q. Wat he drank? A. I thought so—I struck him with my staff after receiving all these injuries, when I got up—I am positive I heard the cries of "Murder!" coming from the shop, and they continued from the woman after I came into the shop—she was lying against a potato-bin, and I distinctly saw his hand in the hair of her head—I had never had any words with him—he has spoken civilly to me, I have bid him good morning—I never had him in custody.

ARCHIBALD MACLEAN . I am a private in the Scotch Fusileer Guards—I was passing by the prisoner's shop on the evening in question, and law him dragging a woman by the arms in a very savage manner—when he, got to the shop door she fell down with his violence—he was striking her—a crowd began to gather, and cried shame on him—he tried to drag her into the back apartment by the hair of her head and her arm—she cried out "Murder!" repeatedly—in consequence of that I went and merely put out my hand to protect her, and said, "Don't hurt the poor woman"—he struck me a violent blow on the left temple, and struck me repeatedly after that with his fist before the officer came—the blow on the temple was so

violent that I was perfectly senseless—when I recovered a little I saw the prisoner flourishing something like a poker in his hand, and striking at the policeman—it was such an instrument as the one produced.

Cross-examined. Q. Where did you first see the man and woman together? A. Outside the door, about three yards from it—he was calling I her opprobrious epithets—I never heard distinctly what he said—I could see there had been a private quarrel between them—I had never seen them before.

EDWARD TRUELOVE (police-sergeant B.) I heard cries of "Murder!" I proceeding from the prisoner's shop, on the night in question—I went there after Hickey, and was about three or four yards behind him—the prisoner and his wife were fighting—the soldier was trying to separate them—the prisoner had got hold of her by the hair of her head—Hickey sepaiated them—a struggle then ensued—the prisoner went into the back room, fetched this poker from there, and struck Hickey with it two or three times on the head—his hat was off—the prisoner was thrown on his back, and I wrenched the poker from him.

JAMES LUCKING . I am a journeyman fishmonger. On the Monday evening I heard a noise at the prisoner's shop—I went there just as the officers were going in—there was a crowd about the door—I saw the prisoner strike Hickey over the head three times with the poker—the last blow felled him to the ground—after he came to a little he got up—the prisoner immediately tried to stab him with a knife, and I believe it touched him in the boot.

Cross-examined. Q. Did you know the prisoner before? A. Not to my recollection—I never had any quarrel with him—I saw his wife in the shop on the ground—the soldier was just coming out of the shop—he appeared as if he bad been hit.

JOHN WHEELER (police-constable B 167.) I went to the prisoner's house, and saw the prisoner and Hickey struggling on the floor—I assisted in lifting the prisoner up—while doing so, he attempted to take my staff from me, and hit me with his fist on the head, which knocked off my hat, and broke it—my head was hurt, hut left no mark—after a struggle, we succeeded in getting him to the station.

HENRY BAREFOOT (police-inspector B.) I was at the station on the night this happened—after the prisoner was locked up, I went in to see him, being informed he had a wound in his head—I knew him before—I asked him what induced him to commit such unnecessary violence on the officer—he said he had been out drinking, and came home and quarrelled with his wife, and that was the cause of the offence being committed—he did not appear quite recovered then—I desired the surgeon to attend to his head—Hickey is still off duty.

MR. PAYNE to THOMAS HICKEY. Q. Did not you follow the prisoner into the back room, and throw him on his back on the floor, before you was struck with the poker? A. No, nor did he get the poker while I was on him, by stretching out his hand to the fireplace—I had not my knee on his breast—I did not lay hold of any part of his person so as to hurt him—I swear he had a knife in his hand—it did not fall off the table—there was a table there which was knocked down in the struggle—the prisoner was not wounded at that time—after he had struck and injured me I struck him with my staff", and wounded him—I got the knife out of his hand in the struggle—

a witness placed it on a potatoe-bin, where I afterwards found it—there is no blood on it.

WILLIAM EDWIN GRINDLEY PEARCE . I am assistant to my father, who is surgeon to the force of this district. I saw Hickey about nine o'clock on the evening of the 5th of May—he was assisted into the house by True-love in a very weak and exhausted condition—I found he had received five severe blows on his head, two of them lacerated, one on the crown of the skill, and the other on the left side; also, a severe contused wound on the right temple, which impeded the action of the jaw for several days afterwards—I could not for the first two or three days pronounce him free from danger, secondary symptoms were likely to arise—the nervous system was not affected—he is still under my care, but in a fair way of recovery—there was considerable loss of blood—they were such injuries as might be inflieted by this poker—I also examined an injury on the centre of the prisoner's forehead—it was very slight, such as was likely to be made bf falling to the ground against some sharp instrument.

(The prisoner received a good character.)

GUILTY of an Assault. Aged 29.— confined one year.

OLD COURT.—Wednesday, May 21st 1845.

Third Jury, before Edward Bullock, Esq.

12th May 1845
Reference Numbert18450512-1071
VerdictGuilty > unknown

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1071. WILLIAM SMITH was indicted for stealing, on the 8th of May, at St. Paul, Shadwell, 1 watch, value 6l.; 1 guard-chain, 7l.; 1 watch-chain, 10l.; and 1 key, 10s.; the goods of Thomas Antonio de Goitiz: and 4 foreign coins, value 2d., and 1 farthing, the monies of robert Hunter; in the dwelling house of Hubert Groves.

ROBERT HUNTER . I am a seaman. I arrived in England, from bilbos, in the schooner Sotara, on the 7th of May, which was lying at brewer's in the Thames—I came ashore, and fret the captain in Wapping—he asked me to walk with him, as he did not understand English—he was not quite sober, and gave me his watch to take care of for him—I left him, went to a coffee-shop, and got a bed there—there were two other beds is the room—the prisoner was in one of them—I put the watch into my jacket pocket, and put it on my chair—I had a piece of Spanish money and two new forth ings in the same pocket—I awoke about half-past six or seven o'clock next morning, and saw one of my Spanish pieces lying on the floor—I directly jumped out of bed, looked for the watch, and it was gone—the prisoner was also gone—I went down stairs, and made inquiries, and afterwards west with a polieeman on board the ship Massachnsets, in the London Dock—I there found the prisoner, and the policeman got the watch.

Prisoner. Q. How many were there in the room? A. Two besides you—you were gone when I awoke—one man stopped till I got up—an engineer slept there—I was not awake when he left.

THOMAS ANTONIO DE GOITIZ (throughan interpreter.)I am master of the Sotara schooner. On the 7th of May I gave Hunter my watch to take care of till next day—this now produced is it—it is worth 6l. and the chaid 10l.—it is gold.

GEORGE MUMFORD (policeman.) I went with Hunter on board the

Massachusets, and saw the prisoner sitting in the galley—I told him he was charged with stealing a watch—he said he knew nothing about it—I asked if he did not lodge at a coffee-shop—he said yes, but he knew nothing about a watch—I searched the galley, and found this watch on a shelf, about two yards from the prisoner—I asked where the chain was—he said, "When I took it it had no chain"—I asked who tied this piece of tape to it—he said, "I did"—I found this piece of tape round his neck, which corresponds with it, as if cut off from it—I found this new farthing in his pocket—Hunter said, "There, that is one of my farthings"—the prisoner said, "That farthing I had yesterday."

ROBERT HUNTER re-examined. I cannot swear to the farthing—it is like the one I had.

ROBERT GROVES . I keep this coffee-shop—it is my dwelling-house, and is in the parish of St. Paul, Shadwell—the prisoner lodged in the house that night—he was lodging with me three nights.

Prisoner. Q. Do you know the engineer that slept in the same room? A. Yes—the police found him, but I had no suspicion of him—he had nothing to do with the Massachusets.

Prisoner's Defence. The engineer gave me the watch.

GUILTY of Larceny. Aged 22.— Confined Twelve Months.

12th May 1845
Reference Numbert18450512-1072
VerdictGuilty > unknown; Guilty > unknown

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1072. WILLIAM DUDLEY and GEORGE HAY were indicted for stealing, on the 10th of April, 1 firkin, value 1s.; and 90lbs. weight of butter, 4l. 10s.; the goods of Thomas Daniels and another.

GEORGE DANIELS . I live with my brother, Richard Daniels, who is in partnership with my brother Thomas as cheesemongers. On Thursday evening, the 10th of April, I was at their shop—I had put two casks of butter at the door that afternoon—I missed one about half-past eight o'clock—I had seen it safe about a quarter past eight o'clock, and about five minutes after I missed it, it was brought back by a constable—it was my brother's property.

WILLIAM DAVISON DAY . I was in company with Mumford on the 10th of April, in Ratcliff-highway, about half-past eight o'clock in the evening, and saw the prisoners coming and crossing over the road by Bluegate-fields—Hay was about a yard, or a yard and a half, behind Dudley, who was carrying a basket in his hand, containing a tub—they came from West-gardens, which is not above forty or fifty yards from the prosecutor's—as they passed up Bluegate-fields I followed them—Hay had a hat in his hand—he saw me, turned round, and went in front of Dudley, put his hand to Dudley's head, and pushed the basket from his head—it fell at my feet—they both ran away—I pursued, but lost them—Mumford stopped behind and detained the basket—I can swear to both the prisoners—I knew them before, and have seen them frequently.

Cross-examined by MR. DOANE. Q. You were on duty? A. I was in plain clothes.

Cross-examined by MR. HORRY. Q. Do you swear that Hay shoved the basket off Dudley's head? A. Yes—I told the Magistrate he put his hand on the basket—I believe everything I said was taken down—(looking at his deposition)—I cannot say that every word was—this is my signature—(the deposition being read, stated that Dudley threw the basket from his own head)—I say Hay assisted in throwing it from his head—I did not tell the Magistrate that Hay threw it down from his head.

GEORGE MUMFORD (policeman.) I was on duty with Day on the evening in question, and saw the prisoners together coming out of West-gardens—Dudley had the basket with the tub of butter on his head, and Hay was close behind him—they crossed over to Bluegate-fields together—we followed—Hay turned round and saw us coming—they went up the fields, and before I could get round the corner I saw the basket and tub on the ground—the prisoners ran away—I staid by the tub while Day pursued them—I took it to the station—it contained about 80lbs. weight of butter—I knew the prisoners well before, and have seen them in company frequently—I first saw them about fifty yards from Mr. Daniels—it was about half-past eight o'clock.

Cross-examined by MR. HORRY. Q. Were they not two hundred yards from the prosecutor's shop at least? A. think not—it might be—I do not recollect saying it was two hundred yards—I might have said so—(looking at his deposition)—it says so here—I might have made that mistake—I should not think it was quite two hundred yards.

GEORGE DANIELS re-examined. I know this tub to be the one I pat at the door—it is marked N H.

Cross-examined by MR. DOANE. Q. Did you put this mark there yourself? A. No—many have that mark.

(John Bissett, silk manufacturer, No. 8, Britannia-place, Globe-road, deposed to Hay's good character.)


HAY— GUILTY . Aged 23.

Transported for Seven Years.

Fifth Jury.

12th May 1845
Reference Numbert18450512-1073
VerdictGuilty > unknown

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1073. WILLIAM DUDLEY was again indicted for stealing, on the 3rd of April, 28lbs. weight of prepared horse-hair, value 21l. 5s.; 18 bundles of platted straw, 2l. 10s.; 1 pair of shoes, 4s.; and 1 box, 1s.; the goods of Henry Smith and others.

JOSEPH CRUSHER . I am porter at the Saracen's Head, Aldgate. On the 3rd of April, about three o'clock, I was sent with a van load of boxes to the Eastern Counties Railway—I went through Charles-street—in consequence of what Mr. Hughes told me, there I looked into the van, and missed a box—I ran in the direction Mr. Hughes pointed, and afterwards saw the prisoner in Princes-street with the box on his shoulder—I ran up to him and took it from him—Mr. Hughes was with me—I held the prisoner till I was knocked down by some one, and the prisoner got away—I got up again in about half a minute, and called, "Stop thief!"—a policeman came up, and I told him what had happened—I saw no more of the prisoner till I saw him at the station, about a fortnight after—I am quite sure he is the same person—this is the box—(produced)—I know it by the different marks—I had seen it many times before that day—I had placed it in the van myself.

Cross-examined by MR. PAYNE. Q. Had you ever seen the prisoner before? A. No—I should think I was holding him for five minutes—I was telling Hughes to take back the box to the van, and other persons to run for a policeman at the same time—when I next saw the prisoner he was in custody—he was let out of the cell at the station with eight or nine other prisoners, and I picked him out directly, without any doubt.

ALFRED HUGHES . I am apprentice to a cabinet-maker, and live at No. 36, Church-street, Mile-end New-town. On Thursday, the 3rd of April,

about half-past three o'clock, I was standing at my master's shop window, and saw the van go by full of packin-cases—I saw three persons walking on the pavement together—the prisoner is one of them—I can swear to him—I had seen him before—I saw one of them, not the prisoner, go into the road and take a box from behind the wagon—the prisoner was on the pavement at the time—I ran down stairs directly after the wagoner—I came up with him and told him, and we went in pursuit—I afterwards saw the prisoner with a box on his shoulder, of the same shape and size as that which had been taken from the van—I came up with him—I staid a minute or two, and Crasher told me to take the box towards the van, which I did—I had not got to the van when I heard them halloo out, "Stop thief!"—I afterwards saw Crusher in Baker's-row, bleeding from the back of the head—I afterwards saw the prisoner at the station—I am sure he is the man.

Cross-examined. Q. Had you ever seen him before that day? A. Many times—I knew his person well, and his brother's also—I taw him perhaps for two or three minutes on this occasion—I swear he is the man.

WILLIAM ANSELL . I am book-keeper at the Saracen's Head, Aldgate. About three o'clock in the afternoon of the 3rd of April I sent Crusher with a van-load of luggage—I after saw him return bleeding—in consequence of what he told me I went to the station-house and gave information—I found the box at the railway station—this now produced is it—it is constantly in transit—it came from Mr. Topham, of St. Al ban's, and was to go to Messrs. Betts, of Ipswich—it was then under the care of the carriers, Henry, Robert, and John Smith—Mr. Tophara, the consignor, opened the box in my presence—it contained prepared horse-hair, and bundles of prepared platted straw.

Cross-examined. Q. Are you the agent of the Smiths? A. No, my employer is—they have been carriers at the Saracen's Head many years, and I have an account with them—their bills are headed, "Henry, Robert, and John Smith"—I have seen them all about the premises, and have paid money to all three on alternate weeks—last Saturday I paid some to John—I had a letter from Henry the day before yesterday on business, and I answered it.

EDWARD BURGESS (police-constable H 198.) In consequence of information I went in search of the prisoner—on Friday, the 18th, I saw him in Whitechapel, and went up to him—I was in plain clothes—he knew me and ran—I caught him, and told him I wanted him for stealing a box from a wagon on the 3rd of April, in Charles-street, Mile-end New-town—he said I was mistaken, he could bring his landlady to prove he was at home.

CORNELIUS FOAY (police-constable H 98.) I was with Burgess when he took tlie prisoner—as we were going to the station I observed something heavy fall from the prisoner on the pavement—it was this iron life-preserver—I was close behind him, and there was no one else near except a butcher—as I was taking him to the police-court next morning he called to a woman, and said, "Mrs. Turner, tell the other parties to krep out of the way, they have got me wrong."

Cross-examined. Q. No attempt was made to use this weapon upon you? A. No.

JOSEPH SMITH . I am a butcher, and live in Aldgate. I was in Osborne-street,

Whitechapel, and saw the prisoner in custody of two officers—as I was walking behind I saw him put his hand into his right-hand pocket, pull out this weapon, and drop it behind him.

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

12th May 1845
Reference Numbert18450512-1074
VerdictNot Guilty > no evidence

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1074. WILLIAM HODGES was indicted for a misdemeanor.

MR. DOANE offered no evidence.


12th May 1845
Reference Numbert18450512-1075
VerdictGuilty > unknown; Guilty > unknown
SentenceNo Punishment > sentence respited

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1075. JAMES GRUBY and LEE VINER were indicted unawfully obtaining 150l. from Mary Price, by false pretences.

MR. ROBINSON conducted the Prosecution.

MART PRICE . I am single, and live at No. 27, Harcourt-street, Maryle-bone. In 1844, I was living in a house in Newoham-street. Viner and his wife were living in the same house—some time afterwards he took a coalshed in White Hart-street, Drury-lane—I had told him that I had property which I was desirous to invest, and went with him to look at several different houses—I received a letter from him about a fortnight before the 30th of Sept., which I unfortunately destroyed—before that Gruby had spokes to me about a house, and Viner also—they both jointly recommended the house to me, saying it would pay me very good interest for my money—I declined it, it being in a very dilapidated state, and I thought the money a good deal for the time—the letter I received from Viner stated, "I have come to some agreement with Gruby; he is willing to let you a lease of this house for nine yean for 130l.; will you come down to-morrow morning yourself?"—the words, "Nine years;" were in writing, not in figures—I went next morning—Viner and Gruby were both there—Viner recommended it very highly, and so did Gruby, laying it would bring me very good interest for the money—Gruby said he was very sorry he was obliged to sell k, but he was so much in want of money, or otherwise he would not make soch a sacrifice—I considered from what they said, that Gruby was in possession of the house—Viner said, "Now I should recommend you to have it; if you make up your mind, I will do all the business for you, and see it properly executed, and done properly, see all the rent paid, and all the taxes, up to the time"—I said to Gruby, "Mr. Gruby, I think it seems such a very curious time, your saying nine years, why not say ten?"—Gruby said, "The reason I say nine is, it being about half my term unexpired"—I then agreed to take it for nine years—I gave Viner a sovereign for his trouble—I said, "Mr. Viner, I must entirely trust to you to do it for me, because my eyesight it so very bad"—Viner knew that I had had three successive inflammations inmy eye, that summer, so as to weaken my sight very much—the prisoners appointed me to meet them on Saturday, the 28th; but I was too late fag the Savings' Bank—I went to the house in White Hart-street, and Viner accompanied me back to the Savings Bank, and solicited them to pay it at an unusual time, to which they agreed, and I got it on the 30th—I received it myself, I went to the house in White Hart-street, and there saw the prisohers in a part of the shop selected from the shop which they used as a sort of little counter-place—there was a round table—the shop was very dark—it was candlelight—Viner brought out this paper, and told me it was the lease of the house—Gruby was there at the time—Viner read it over to me, and he distinctly read over "Nine years"—Gruby must have hoard that—he sat close by—this is the document that was read over to me—(looking at it)—and which I had in ray possession afterwards—I

have no doubt about it—when it was read over to me, I signed it, Gruby signed it, and Viner signed it, and then Viner, with a pen in his hand, took it to a man named John Newman, who was in the shop, and asked him to put his name to it—I then gave the money, 130l., into Viner's hands—I it was in notes—I think all in 20l. and 10l.—Viner said, "Will you have the receipt for the money, or shall I seal it up in the lease?"—I said, "Seal it in, if you please"—the lease, receipt, and all was got ready before I went there—Viner folded up the receipt before me in the lease, sealed it up, and handed it over to me, saying, "Now I know you are very close-minded person, it is not worth while to say anything at all about it, put it at the bottom of your box, and leave it there till the expiration of the nine years, till it is called for"—this is the paper in which it was wrapped—(looking at it)—and here is what he wrote on the outside—I thought it was ail right, and put it in my box, where it remained until the end of Nov., when a relation of mine called upon me—in consequence of something he said to me, I told him I had purchased the lease of a house, and showed this to him, and that was the first time I discovered the fraud—(this was a lease for a term of three years instead of nine)—I went in search of the prisoners, but could not find either—(I went first to an attorney, who wrote to them)—I saw Viner's wife, who told me he was out of town—I never found him until he was taken into custody—Gruby called on me in the beginning of Jan., to know the reason why I did not pay the rent to him, and why I paid it to Sir Herbert Jenner's agent—I asked him where they resided, but he would not give me any answer, and I said, "Anything you have to say, you had better say it to my attorney"—I never saw him again till I gave him into custody in White Hart-street—I then took a newspaper with me, and showed him what account I had heard—(looking at a piece of newspaper)—this is a portion of the paper—it is what I showed him—I took the whole paper—I did not cut this out—I gave the whole paper to my attorney'! clerk, Mr. Lassiter.

JOHN LASSITER. . I am clerk to Mr. Lane, of Argyll-stree. I saw Mr. Lane cut out this piece of paper, and write on it—this is his hand-writing.

MARY PRICE re-examined. Gruby did not take this in his hand and read it—I would not let him have it—he said be knew all about it—I read part of it—I mentioned the particulars, and accused him of it, and he admitted it to be Viner and him, and that the money here mentioned as taken from him was my money that I had paid for the lease—I showed it to him—it was subsequently read out in his presence—(this paper being read, was a police report of an examination before Mr. Cottingham of John Gruby, who was alleged to have swindled different tradespeople in connection with one Vining, and stated that 65l. in Bank of Enghnd notes was found on Gruby, which his attorney had claimed, as being the proceeds of a bond fide transaction)—when I showed that to Gruby he said, "That clears me, I accounted for the money that was found on me, it was the money I received from you for the lease of the house"—Viner continued in the house I think about a fortnight after I made the purchase, and a Mr. Newman continued in it after—I did not let the shop to Newman—the shop was Jet to Viner, and the other part of the house was let out in tenements for me to receive the rent weekly—Newman, it appears was assistant to Viner—Newman afterwards said he had let it to a man named Samuel Munday, but I never found that man in possession—Newman's brother and Gruby's

wife were carrying it on in the name of Samuel Munday—they said they were acting as servants for him—I knew Viner had let it to Newman, from Newman's being in possession and paying me the rent, and Viner's name was taken down and Newman's put up—I should not have parted with my money if the lease had not been represented to be for pine years.

Cross-examined by MR. BALLANTINE. Q. If it had been for nine years you would have parted with your money? A. If it had been for nine years I agreed to give 130l.—the deed was read over to me, and Viner signed it, us the witness—he then folded it up, and gave it to me—I never saw Gruby with it, only he wrote his name to it as it lay on the table—nine years was the term that was offered and agreed to.

MR. ROBINSON. Q. Are you quite sure Gruby did not touch the lease after it was signed, before Viner folded it up? A. Quite sure—it was only carried into the shop to Newman—Gruby was gone out at that time—he was not present when Viner sealed it up for me—he went out as soon as he signed it.

Gruby. Q. Where was the agreement brought from when it was taken to Newman? A. Viner took it off the table after you and I had signed our names to it—the first I saw of it was in Viner's hands, and he laid it on the table—I do not know where he took it from—this was in a part of the shop where Viner sat, as he had let the parlour—Newman was in the shop attending to the business—the bargain was for you to do the bonse up a little—the outside of the house was painted or compo'd, or something done.

MICHAEL CHILCOT . I live at No. 74, Earl-street, Lisson-grove—Mrs. Price is a cousin of mine. I called on her in Nov. last—in consequence of something I said she took the lease out of a box and gave it me—it was sealed up in this envelope—I read it—three years is mentioned as the term—I went to No. 12, White Hart-street, by her request, weekly, to receive the money that the rent produced—on one occasion Newman seemed desirous of taking the house as tenant at will—Viner was then present—I said, "I am not aware under what terms Mary Price holds the lease," but I turned to Viner, and said, "Your name is Viner!"—he said "Yes"—I said, "Probably you can inform me?"—he said, "Oh yes, I can;" he stated the rent to be 24l. per annum, and taxes 7l., for nine years—that was some week or so after I saw the lease.

Cross-examined. Q. Did he say the intention was that the lease should be for nine years? A. The word "intention" was not used—he said the lease was for nine years—there is the figure 9 in pencil here over the "three"—that was not there when I first saw the lease—it was placed there by Mr. Lane—it was agreed between counsel last Session, that if they would agree to give the full term of nine years, which the prosecutrix had bargained for, they did not wish to prosecute—Mr. Lane was to make out a deed to that effect, and he put the 9 in pencil, to describe that it ought to be 9 instead of 3—this was left with Mr. Lane—I took Mrs. Price to him for advice on the subject—I can swear this is the same deed—I noticed the signatures—I have no doubt whatever about it—I did not reduce it to memory—I did not see any endorsement on it—I should say there is none—I would not positively swear it—it begins, "This indenture"—I swear that, and the deed left with Mr. Lane began in that way—I think Gruby is described in it as a coal-merchant or coal-dealer, but when I discovered the fraud, and saw the three years, that was all I required.

Gruby. Q. Do you remember my leaving my address at White Hart-street? A. Certainly, it was No. 181, Whitecross-street—you left it with Newman, and he pave it to me—I gave it to Mrs. Price—I cannot tell whether it was your right address—Mr. Lane wrote to you—the first letter was not returned, but the second was, and endorsed "Gone, and don't know where"—I did not see the letter, but Mr. Lane informed me so—I recollect calling on Mr. Chadwick, the broker—I did not depute you to receive the rents for Mrs. Price—you said you would do it—there were certain repairs to do—I said you were to see to them.

MR. ROBINSON. Q. How was the lease signed? A. In a very rambling sort of way, not executed in any form whatever—the parties concerned were like witnesses—I know there was, "Witness, J. Gruby; Witness, J. Newman;" and "Lee Viner;" and done in no form whatever—I did not look at it so very particularly—I am satisfied this is the same, and this is the same receipt.

MR. BALLANTINE. Q. This case is prosecuted because you cannot get an arrangement, is it? A. I have heard as much—Mrs. Price said she had no desire to prosecute if she could only get the terms she bargained for.

JOHN LASSITER re-examined. A lease was delivered into my hands by Mr. Lane, I believe, the very same day Mr. Chilcot was there—I think I have been present when Mr. Chilcot has seen that lease at our house—I saw Mr. Lane make this alteration from 3 to 9—he did it at the same desk I was engaged in, for me to make four copies—I made two—it was a mere, form of instruction.

ANN HAND . I am the wife of James Hand—I lived at No. 9, Eagle-court, Strand, but have since removed into White Hart-street. On the 17th or 18th of Feb. I saw Gruby—he was then living in White Hart-street—I went to his house next day, and said to him it was a pity so nice a shop should be neglected for the want of stock—I offered to take the shop of him, not knowing but it was his house as well—he said I should have the shop for 25l.—I asked him what the 25l. was for—he said for the trade, the good-will belonging to the shop—I said I would rather take it quarterly—I asked him the rent—he said, "Of course you know the circumstances"—I considered that he meant the paragraph that was in the paper, about his not being at all respectable—I thought he wished to get out of the neighbourhood entirely—he said Mrs. Price was a d----old fool; she thought the lease was for nine years; but he said, "Our intention was never to give but three"—till then I knew nothing of the circumstance relating to Mrs. Price—he said, "Viner received 20l. of the money as his share in the transaction"—he said, if I would give him the 25l. for the place, he would give me an agreement, which would protect me from Mrs. Price turning me out, or ejecting me—he said she was a d----old fool for trusting to them; she might have expected they would do her—I have seen the prisoners together since—I saw them on the Saturday night after they were had up to Bow-street—Viner was in Gruby's shop, No. 12, White Hart-street.

Cross-examined. Q. Were you examined at Bow-street? A. I was—My husband is a tailor, and lives at No. 12, White Hart-street—he works at his trade there—we formerly kept a shop in the general line, cheesemongery and bread, and a coalshed attached, in Eagle-court—my husband works for three masters, one in the Strand, one in Cheapside, and another in

Fleet-street—I know Mrs. Josephs—her husband is a general dealer in Rosemary-lane—she has one young lady, an unfortunate girl, who is pregnant—I kept the house, and Mrs. Josephs had the first floor for seven months—she used to go out of a night—I sold the business, and left the house—there was only one young lady in the house—her name was Betsy—I never walked about with her—I was never out with bar in my life.

Gruby. Q. Did not you say at the time you saw me in the shop that you must keep in with the old cat, for you owed her some money? A. I never called her an old cat—I said I owed her some money—I did that to gain further admission, seeing there was a fraud—after you told me this, I acquainted Mrs. Price with it, as I thought it my duty—I did not want my husband to carry out the coals as a blind—that was your proposition, and I said, "If he comes, he comes altogether"—I was not at Bow-street at the first examination—I did not bring some dinner over to your wife from my house, nor say my husband would be bail for you—he refuted, and said he would not do anything of the kind for any person.

WILLIAM MONTGOMERY (police-sergeant.) I apprehended Gruby on the lst of April, at No. 12, White Hart-street—I told him the charge—he said he received the amount of 130l. from the proseeutrix.

JOHN JONES . I am clerk to Mr. Mills, a solicitor, No. 3, Brunswick-place, City-road. I produce a lease of the house No, 12, White Hart-street—I saw it deposited with Mr. Mills, by Gruby, at a security—a warrant of attorney was executed at the time it was deposited—this it the warrant—(producing it)—it has Gruby's signature—I am the subscribing witness to the warrant—the lease has been in my possession ever shice.—(The warrant of attorney here read was dated the 24th of Feb., 1841, given by Gruby, to secure the payment of 50l., and interest, to one John Tarr, and agreed that the lease of certain premises in White Hart-street, granted by Sir Herbert Jenner to Gruby, should be deposited mth the said John Tarr, at a collateral security.)

Gruby's Defence, written:—"I never knew viner till a short time before he introduced me to Miss Price, and then only at a customer, I being then in the coal-trade. About last April Viner told me Miss Price wished him to take a business for her, which he did, a chandler's shop, in Eagle-court, about thirty yards from my house; he used to superintend the business for her; he then told me she wanted him to live close by her, as she was afraid, it being a basinets she did not understand, she should require his services; be then made me an offer for my business; and said she was going to lend him the money to take it; he ultimatelytook it; soon after that he said she wished him to take the house for twelve months, and to lend him the money to purchase it. Viner then took the house for twelve months; he then let the shop he had previously taken for her in Eagle-court to Mrs. Hands, who let lodgings to gay women; a short time after that Viner told me Miss Price wanted him to purchase the house for three years; he said it was for him, but it was to be in Miss Price's name. I declined at first, but after repeated applications on Viner's part I agreed for the sum of 130l. subject to my paying back the money I had previously received from Viner. The documents were drawn up according to Miss Price's directions; Viner then read both over to Miss Price in the presence of Newman, and she also read them herself and was quite satisfied with them; all this was not in my presence, neither, when Viner told her to nut the document in her box, as Viner told me it

was Miss Price's wish that I should be present; knowing that they had been very intimate I did not think anything of it, and she always said she was quite satisfied with what Viner did; he then brought me the money, and I gave a receipt for it, at the same time agreeing to lay out some money in painting and repairing the house, which I did according to my promise; all this was under the superintendence of Viner. Miss Price then agreed to let Newman the shop for three years, as a weekly tenant. On the 1st of March, 1845, Miss Price gave me in charge for obtaining the money under false pretences, a charge the Magistrate would not entertain; she then gave Viner in charge, much against her will, for the sake of punishing me, and preferred a charge against us both for attempting to defraud her of the money. She states in her depositions that she could not find me from November, 1844, till she gave me in charge, when, at the same time, I had left my address for my rent about the 18th of January, 1845; after that I went with Newman to her lodgings in Crawford-street, and saw her there; since then she has been in the house and seen me. I submit that the charge of obtaining the money under false pretences cannot stand, insomuch as both Miss Price and Viner know the profits of the house is worth the money given, together with the business. I distinctly deny the statement made by Hands, but I have every reason to believe she was influenced by Miss Price to appear against me that she might be allowed to reside in the house to look after the lodgers; likewise Mrs. Hands owes Miss Price money; Miss Price has received the benefits of the house since September, 1844, till the present time, and is still doing so. I laid out 200l. to obtain a new lease under Sir H. Jenner for twenty-one years; the house will bring in with lodgers one pound per week, besides the business, which is worth more than the original rent. I have been a tenant of Sir H. Jenner's seven years next September, and I sincerely declare what I have done was with no intention of defrauding any person."

GRUBY— GUILTY . Aged 30.


Judgment Respited.

NEW COURT.—Monday, May 12, 1845.

Fifth Jury, before Edward Bullock, Esq.

12th May 1845
Reference Numbert18450512-1075a
VerdictGuilty > unknown

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1075. JOSEPH PULLEN was indicted for embezzling the sum of 1l. 18s. 10d., the monies of George Brooks his master; to which he pleaded

GUILTY . Aged 41.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1076
VerdictGuilty > pleaded guilty

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1076. WILLIAM EARLE was indicted for stealing 7 quires of paper, value 4s., the goods of Thomas Prentice Rutt and others, his masters; to which he pleaded

GUILTY . Aged 16.— Confined Six Months.

12th May 1845
Reference Numbert18450512-1077
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1077. HENRY HARMAN was indicted for stealing 4 handkerchiefs, value 8s., the goods of Alfred Weston; to which he pleaded

GUILTY . Aged 14.— Confined One Month.

12th May 1845
Reference Numbert18450512-1078
VerdictGuilty > with recommendation

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1078. CORNELIUS ORRIGEN , was indicted for stealing 1 handkerchief; value 1s., the goods of Robert Willett, fromliis person.

ROBERT WILLETT . I am a merchant's clerk, and live at Brixton. On the 12th of April, about half-past six o'clock in the evening, I was on London-bridge—I saw a policeman collar the prisoner, and take from him this handkerchief—it is mine, I had had it safe about five minutes before.

Cross-examined by MR. BALDWIN. Q. Are you sure of that? A. Yet—I did not feel it taken—there were a great many persons standing about.

GEORGE TREW (City police-constable, No. 26.) I was on London-bridge, and saw the prisoner with a basket of oranges hanging in front of him—I saw him take the handkerchief out of the prosecutor's pocket—he put it into his own pocket, and was walking off—I took him—I was in plain clothes.

Cross-examined. Q. How far were you off him? A. On the other side of the way—I took him almost before he got it into his pocket.

(The prisoner received a good character.)

GUILTY . Aged 12.—Recommended tomercy.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1079
VerdictGuilty > unknown

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1079. JAMES ROBERTS was indicted for stealing 5 shirts, value 11s.; 2 pairs of trowsers, 4s.; 1 handkerchief, 3d.; and 1 printed book, 6d.; the goods of Charles Wingate, in a certain vessel in a port of entry And discharge.

ROBERT TAYLOR . I am constable of the East and West India Docks. On the 16th of April, at half-past ten o'clock at night, I saw the prisoner on the bridge at the Blackwall entrance—I thought he looked very bulky, and asked what he had about him—he said his own property—I took him inside the docks to a light—I found on him these five shirts, two pairs of trowsers, a handkerchief, and a printed book—he said he belonged to the Sophia, and his name was James Roberts—I looked at the shirts and found them marked C. W.—I took him on board the Sophia.

CHARLES WINGATE . I am a seaman and lodge at the Mahogany-bar, in Wellclose-square—I belong to the Sophia, which was in the West India Dock—these things are mine—I saw them safe on board at half-past seven o'clock that night when I went on shore—I went on board the next morning, and found them in possession of the constable.

Prisoner. I had joined the ship nine days before the prosecution; the agent had promised to send me down 2l. 10s., and some clothes belonging to me, and they did not come; I found nothing but this bundle, which a man told me belonged to me, I found they were not mine, and was going to return them, and get my own at five o'clock next morning.

ROBERT TAYLOR re-examined. The prisoner had the things all round his body—they were not tied up.

GUILTY . Aged 25.— Confined Two Months.

12th May 1845
Reference Numbert18450512-1080
VerdictGuilty > unknown

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1080. THOMAS GOWLLAND was indicted for stealing 1 pair of boots, value 7s., the goods of Charles Batten.

CHARLES BATTEN . I am horse-keeper at the White Hart, at Little Stanmore. On the 24th of April I took off my boots and put them in the tap-room under the settle—I went for them next morning, and could not find them—these are them.

HENRY HALL (police-constable S 264.) I was on duty at the Hide, between twelve and one o'clock on the 25th of April, and saw the prisoner with one of these boots in each hand—I asked where he got them, he said

he had bought them for 1s. along the road, in the fore part of the day—but I had met him between six and seven o'clockt and then he had no boot—he afterwards said he bought them ten minutes before he saw me.

SARAH BAYS . My husband keeps the White Hart, at Stanmore. On the 25th of April I saw the horsekeeper's boots beside the settle, in the tap-room—I saw the prisoner there, between eight and nine o'clock, sitting down close by the boots—in about half an hour he was gone, but I did not miss the boots till the next morning.

GUILTY . Aged 23.— Confined Six Months.

12th May 1845
Reference Numbert18450512-1081
VerdictGuilty > pleaded guilty

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GUILTY . Aged 17.— Transported for Seven Years.

12th May 1845
Reference Numbert18450512-1082
VerdictGuilty > pleaded guilty

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1082. CHARLES JOHN CANNEW was indicted for embezzling 6l. 3s., the monies of Alfred Davis and another, his masters; to which he pleaded

GUILTY . Aged 21.— Confined Twelve Months.

12th May 1845
Reference Numbert18450512-1083
VerdictNot Guilty > unknown

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1083. HENRY CLARK was indicted for stealing 431bs. weight of coals, value 6d., the goods of William Smith, his master.

WILLIAM SMITH . I am a buiider—my business is at the wharf in the City-road—the prisoner has been in my employ since last July—in consequence of missing some coals, and what I heard, I gave instructions to the policeman on duty on the 14th of April, and at a quarter to ten o'clock that same evening, I went with him to the prisoner's lodging in Regent-street, City-road—I found some coals there and a file—the coals were of the same sort as those we burn in the factory—they are small—we burn shavings with them, and there were some shavings amongst those—they were exactly similar to what we burn—the file corresponds with one I had at my premises, and which was missing.

Cross-examined by MR. PAYNE. Q. The prisoner was engine-driver, was he not? A. Yes—he was a very fair workman—he said this file had been lenthim by my son—I have inquired, and he did borrow it, but it ought not to have been out of the premises—I only know the coals by their being small, and mixed with shavings, the same as I use—the prisoner was taken with coals on him, but the coals I have spoken of were found at his lodgings—we sometimes work till ten o'clock—about this time the prisoner had worked later than he generally did—we burn about four tons of coals in a week—if a man were not careful, he might waste more than 6d. worth in a day.

JAMES CAFFERY (police-constable N 158.) On the 14th of April, in consequence of information from Mr. Smith, I set myself to watch, and about twenty minutes before nine o'clock in the evening, I saw the prisoner come out of Mr. Smith's premises with a basket of coals in his hand—I stopped him, and asked what he had got there—he said it was all right, that he worked on the premises and he had got the coals from a boatman—he wrested his arm to get from me, but I brought him to the station—I then went to his premises, and found some other coals.

Cross-examined. Q. Are there bargemen near those premises? A. Yes, plenty.


NEW COURT. Tuesday, May 13th, 1845.

Sixth Jury, before Mr. Common Sergeant.

12th May 1845
Reference Numbert18450512-1084
VerdictGuilty > unknown

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1084. MARY FLORRAY was indicted for stealing, on the 5th of April, in the dwelling-house of William Hall, at St. Mary the Virgin, Aldermanbury, 2 watches, value 24l.; 2 brooches, 2l. 10s.; 2 rings, 1l. 10s.; 1 breast-pin, 2s. 6d.; and 1 watch-hook, 2s. 6d.; the goods of the said William Hall, her master.

ELIZABETH HALL . I am the wife of William Hall—we live at No. 17, London-wall, in the parish of St. Mary the Virgin, Alderman bury—it is our dwelling-house. The prisoner was in my service for about six weeks—on the evening of the 5th of April, about a quarter past twelve o'clock, I was going to bed, when I missed two watches, and the other articles named—I had seen them safe at eight o'clock—in consequence of certain circumstances, I gave the prisoner in charge, and the wat taken to the station—I was sent for to the station, and the prisoner was in great distress—I said, "You have taken my watch and chain"—she said, "Yes, I took it, and I took the cushion, but I was so flurried that I can tcarcely tell what else I took"—I said my two brooches were on the pincushion—she said yes, she had taken them, and she had given the things to a sweet-heart of hers named Joe—he wat afterwards taken—I have not got my property.

Cross-examined by MR. BALLANTINE. Q. When was Joe taken? A. On the Sunday—he wat examined on the Monday—the prisoner it in the family way by him.

FREDERICK WHITE . I am an inspector of poflce. I heard the prisoner say what Mrs. Hall has stated.

GUILTY . Aged 22.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1085
VerdictGuilty > pleaded guilty

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GUILTY .— Confined Four months.

12th May 1845
Reference Numbert18450512-1086
VerdictGuilty > pleaded guilty

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GUILTY . Aged 20.— Confined Two Days.

12th May 1845
Reference Numbert18450512-1087
VerdictGuilty > pleaded guilty

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1087. THOMAS LENNARD wat indicted for stealing 1 handkerchief, value 2s. 6d., the goods of Frederick Symes Teesdale, from his person; to which he pleaded

GUILTY . Aged 19.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1088
VerdictGuilty > pleaded guilty

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1088. HENRY ADAMS was iodicted for stealing 1 handkerchief value 4s., the goods of Charles Richard Harford, from his person; to which he pleaded

GUILTY . Aged 19.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1089
VerdictGuilty > unknown

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1089. JAMES FAULCHAM was indicted for stealing 6 half-crowns, and 1 shilling, the monies of John Collins, from the person of Ann Collins.

ANN COLLINS . I am the wife of John Collins—he is a drum-major in to Royal Artillery. About five or six o'clock in the evening of the 17th of April I was on Blackfriars-bridge, looking at some tumbling—I had six half-crowns and a shilling in my pocket, which was in front of me—I saw a boy near me, in a fustian dress, and I felt his hand in my pocket—I missed my money—he then went to the prisoner, who was about two yards off, and gave something into his hand, which he put into his right-hand pocket—the boy ran away, and I called out that he had picked my pocket—I charged the prisoner with being one of them, and I took hold of his coat—he got off, and was taken by the officer—I saw him throw some, money away.

Cross-examined by MR. HORRY. Q. Was there a crowd about, looking at this tumbling? A. Yes—I had my little niece with me—the boy had not to make his way through the crowd—he ran away as soon as I called out—there were no persons between him and me—there was no policeman at hand—I held the prisoner some time, but he offered to break away.

JOHN RALEY . I heard Mrs. Collins cry out, and I saw the prisoner take some half-crowns from his pocket and throw them away.

Cross-examined. Q. Where was he? A. In Chatham-place—I was close by the side of Mrs. Collins—I did not take hold of the prisoner, because I had a child in my arms—one of the half-crowns fell on my arm.

DANIEL COCKRILL (City police-constable, No. 314.) I took the prisoner—I have three half-crowns, which were picked up by the people about.

GUILTY — Aged 21.— Transported for Ten Years.

12th May 1845
Reference Numbert18450512-1090
VerdictGuilty > unknown

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1090. EDWARD EVANS was indicted for stealing 1 basket, value 3s.; 1 saw, 8s. 6d.; 4 planes, 1l.; 6 chisels, 6s.; 8 centre-bits, 5s.; 1 screw-driver, 2s.; 4 brad-awls, 1s.; 3 gimlets, 2s.; 1 square, 4s. 6d.; 1 pair of compasses, 2s.; 3 punches, 6d.; 1 steel stamp, 1s.; and 1 jacket, 3s.; the goods of James Thomas.

JAMES THOMAS . I live in Little Titchfield-street, and am a carpenter. I was at work at a house in the Hay market on the 16th of April—I left my basket of tools safe at half-past five o'clock, and when I went the next morning they were gone—these are them.

WILLIAM HARDING (City police-constable, No. 271.) I stopped the prisoner, with this basket of tools, about eight o'clock in the evening, on the 16th of April—he said they were all right; he had been doing a job at Mr. Morley's, in Gutter-lane—I took him, and found his account was not correct.

Prisoner's Defence. I was coming along, and a man asked me to carry the basket for him.

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

12th May 1845
Reference Numbert18450512-1091
VerdictGuilty > unknown

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1091. WILLIAM KNOWLES was indicted for stealing 1 saw, value 7s. 6d.; the goods of James Thomas.

JAMES THOMAS . I live in Little Titchfield-street. I was at work in the Haymarket—I left a saw safe at half-past five o'clock in the evening, on the 16th of April, and missed it next morning—this is it.

WILLIAM JAMES . I was in Mr. Attenborough's, a pawnbroker's shop, on the evening of the 16th of April, about seven o'clock—the prisoner came and offered this saw in pledge—he first said it was his own, and then

that it was his father's—Mr. Attenborough told him to send his father for it—I went out after him, and I said to him, "This is a nasty piece of business"—directly I said that he saw two policemen near us—he put out his foot, tried to throw me down, and then ran—I ran, and he was taken.

Prisoner's Defence. It was given to me by Evans, the last prisoner.

GUILTY . Aged 18.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1092
VerdictGuilty > unknown; Not Guilty > unknown

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1092. HENRY JONES and ROBERT HESTER were indicted for stealing 1 handkerchief, value 3s., the goods of a certain man whose name is unknown, from his person.

EDWARD BURGESS (police-constable H 198.) On the 9th of May, about half-past one o'clock, I was in St. Paul's-churchyard—I saw the prisoners following a gentleman, and jones took this handkerchief out of his pocket—they ran off—I and Foay ran and caught them—I found this handker-chief on Jones—I had seen the colour of the handkerchief he took from the gentleman—it was this red one—I also found this blue handkerchief at the bottom of his trowsers—I do not know the name of the gentleman, for as we followed them he went away—when Jones took the handkerchief, Hester was close beside him—we had been watching the prisoners for four or five minutes—I could not say that they were talking together, but they were close together, and they ran away together.

CORNELIUS FOAY (police-constable H 98.) I was with Burgess—I saw Jones take a red handkerchief from a gentleman's pocket—I believe this is it—I had seen the prisoners together for five or six minutes, and saw them speak together—they ran away, and the handkerchief was found on Jones.

Jones's Defence. We did not run; the officer called out, "Boys,"and we stopped; he took this handkerchief from the bottom of my trowsers.

Hester's Defence. Jones was walking on the pavement, and I in the road; I do not know him; I was not with him.

JONES— GUILTY . Aged 14.— Confined four months.


12th May 1845
Reference Numbert18450512-1093
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment; Transportation

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1093. MARTHA HOWARD, MARTHA SMITH , and MARY ANN WILLIAMS were indicted for stealing 35 yards of printed cotton, value 10s., the goods of Edward Williams; and that Mary Ann Williams had been before convicted of felony.

EDWARD WILLIAMS . I am a linen-draper, and live in Bisnopsgate-street Without. On the 24th of April I had thirty-five yards of printed cotton at my door, partly outside—I saw it safe about half-past one o'clock, and I heard it was stolen about two—I did not miss it—this is it.

Cross-examined by MR. DOANE. Q. Have you any other name than Edward? A. No.

MICHAEL CONWAY (police-constable H 138.) About twenty minutes before two o'clock I was outside an omnibus with the coachman, and saw the three prisoners standing together at the corner of a court, next door but one to Mr. Williams's house—knowing them as associates, I watched, and saw Smith and Williams walk away from the court—Smith bad a cloak on—she went to this piece of cotton, which was on a chair at the door—I saw her throw her cloak over the cotton, take it up, and take it away—she was going off, and the others following her—I got down, ran, and caught her—the others walked quickly away—I took her into the

shop—when Smith took the cotton, Williams was standing close behind her, covering her, and Howard was at the corner of the court, looking about—the court is two or three yards from the shop—I sent a butcher to stop the others, and they were taken.

Cross-examined by MR. DOANE. Q. Are you quite sure Smith is the person who took the print up? A. I am positive of it.

Cross-examined by MR. PAYNE. Q. Is not this the first time you have said one word about Williams standing behind Smith? A. No—I stated it before—I think this is not the first time I have said that Howard was standing at the corner of the court, looking about her—this is my signature to this deposition—(looking at it.)

Q. Here is not a word about Williams being behind Smith, and the other at the corner of the court, and looking about? A. It does not seem to be down, but they were doing so.

WILLIAM ALDERMAN (police-sergeant H 7.) I produce a certificate of Williams's former conviction, which I got at Mr. Clark's office—(read—"Convicted 12th June, 1843, and confined one year")—she is the person, and she has been summarily convicted since that.

HOWARD— GUILTY — Aged 17.— Confined Nine Months.

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

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

12th May 1845
Reference Numbert18450512-1094
VerdictGuilty > pleaded guilty
SentenceImprisonment; Corporal > whipping

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1094. RICHARD MILLS was indicted for stealing 1 pair of slippers, value 1s. 9d., the goods of James Lane: also 3 printed books, 1s. 11d.; the goods of Gilks Stockley; to both which he pleaded

GUILTY . Aged 11.— Confined Three Days, and Whipped.

12th May 1845
Reference Numbert18450512-1095
VerdictNot Guilty > unknown

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1095. JOSEPH WILLIS was indicted for stealing 2 pairs of lasts, value 1l. 1s., the goods of Thomas Lane, his master.

THOMAS LANE . The prisoner worked for me—the lasts produced an mine—the prisoner had no authority to take them to his house.

Cross-examined by MR. DOANE. Q. You have known him for some time? A. Yes, he served his apprenticeship to me—I think he has worked for me for fifteen years and a half—if he had a private job to make a pair of boots for his friends or himself, they would be useful to him, but he had no right to take them—when I accused him, be told me he had been married about a fortnight.

RICHARD HILL (police-sergeant M 16.) I went to the prisoner's lodging, in Neptune-street—I took him into custody, and found these two pain of lasts there.


12th May 1845
Reference Numbert18450512-1096
VerdictGuilty > with recommendation

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1096. JOSEPH WILLIS was again indicted for stealing 12oz. weight of leather, value 1s., the goods of Thomas Lane, his master.

THOMAS LANE . I am a shoemaker, and live in High-street, Shadwell—the prisoner was in my employ—I came home on the evening of the 10th of April, went up stairs, and found these two pairs of soles in the prisoner's coat-pocket, which was hanging up—I am sure they are mine—I spoke to him, and he owned it.

Cross-examined by MR. DOANE. Q. Did you not say if he would confess the truth you would forgive him? A. No—I might have said I would not

hurt him—I have no mark on these soles, but am able to swear to them—I have had them a long time—the prisoner did not deny their being mine.

(The prisoner received a good character.)

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

12th May 1845
Reference Numbert18450512-1097
VerdictGuilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment

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1097. HENRY JOHN JONES and CHARLES HENNELL were indicted for stealing 1 sovereign, 2 shillings, 1 groat, and 2 pence; the monies of Thomas Pugh, from the person of Susannah Pugh; and that Jones had been before convicted of felony.

SUSANNAH PUGH . I am the wife of Thomas Pugh, a grocer, in Sidney-place. About noon, on the 21st of April, I wae crossing Towerhill, and felt my pocket move—I put my hand into it immediately, and my money was gone—I turned, and saw Jones close to me, and Hennell rather behind him, at his shoulder—there was no one near that, could have taken my money but Jones—it was safe about five minutes before—I had just come from the railway station—I had one sovereign, two shillongs, one groat and two pence, loose in my pocket.

Cross-examined by MR. DOANE. Q. Where had you taken the mpney from? A. From my purse, which was in my drawer at home—I paid my fare when I took my seat in the Blackwall train—my money was safe when I was in the Minories—I put my hand into my pocket—I did not count it, but felt it was safe—I then walked towards the Tower—I was on the footway—I had not noticed whether anybody was near me before, but I turned directly I felt my pocket move—I did not see the officer, Child, till I saw him and the prisoners struggling on the ground—they were so Bear to me that they fell over my feet—Child was on the spot, and seized both the prisoners directly—they got up and ran, after I saw him with them—they ran out of my sight—I do not know who caught them—somebody asked me if I had lost anything, but I cannot say whether it waa Child—I had a sick child with me, and my attention was given to that—I followed in the direction the prisoners went, and am quite sure they are the persons.

WILLIAM CHILD . I am beadle of Trinity-square. I was on Tower hill on the 21st of April—I saw Mrs. Pugh, and some other female, walk from the corner of the Minories—I saw Jones go to Mrs. Pugh, and put his hand into her pocket—whether he took anything then I do not know, as something came between us—I followed them thirty or forty yards further—Jones put his hand into her pocket again, and passed his hand round to Hennell, who was close to him—I saw Hennell take something, and put it into his pocket—I followed them further, and saw Jones put his hand into her pocket a third time—I then seized both the prisoners, while Jones had his hand in her pocket—Hennell ran away from me first—I made a slip—Jones got away, and they both ran down Thames-street—I followed them—they did not get out of my sight—they might have thrown anything away in a crowd without my seeing it.

Cross-examined. Q. How long have you been an officer? A. Eleven or twelve years—I am beadle of Trinity-square, and of the Tower-liberty—the trustees and the parishioners appoint me—I have never been in any other situation, and was never discharged from any—I collared both the prisoners while Jones' hand was in the lady's pocket the third time—they had got 200 or 300 yards from that spot when they were taken—I did not lose sight of them.

THOMAS BURGESS (police-constable H 33.) I produce a certificate of Jones' conviction, which I got at Mr. Clark's office—(read—Convicted 28th Nov., 1842, and confined Three Months")—Jones is the person.

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

HENNELL— GUILTY . Aged 28.— Confined Nine Months.

12th May 1845
Reference Numbert18450512-1098
VerdictGuilty > unknown

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1098. JAMES EVANS was indicted for stealing 1 handkerchief, value 2s. 6d., the goods of Francis Duffield, from his person; and that he had been before convicted of felony.

FRANCIS DUFFIELD . I am assistant to an ironmonger. On the 1st of May, I was in Crown-court, Seething-lane, and had my handkerchief extracted from my pocket—I received a violent push behind—I turned and saw my handkerchief on the ground, and the policeman struggling with the prisoner—this is it.

CHARLES BURGESS (City police-constable No. 54.) I saw the prisoner, with two others, following a mob of sweeps, and trying several pockets—I followed them to this Court—I then saw the prisoner go up to Mr. Duffield, and one who has escaped drew Mr. Duffield's handkerchief half out of his pocket—the prisoner then took hold of it and drew it quite out—I seized them both.

Prisoner's Defence. I was coming along Seething-lane, and a young man who was alongside of me committed this robbery; I was collared; I said, "If you want me, I will go with you quietly;" he tore my shirt and waistcoat all to pieces; I turned and resisted, and so did the other prisoner; I said I would not go with him without he showed his authority; the other man got away; the prosecutor cried shame, and said I was treated in a barbarous manner, and so did the neighbours; the policeman drew me three or four yards before I began to resist; it is hard for me to suffer for what I am not guilty of.

COURT to FRANCIS DUFFIELD. Q. Did you cry "Shame!" and say he was treated in a barbarous manner? A. I did not—he was not treated barbarously to my recollection.

PIERCE DRISCOLL (police-constable H 24.) I produce a certificate of the prisouer's former conviction, which I got at Mr. Clark's office—(read—"Convicted 5th Feb., 1844, and confined Three Months")—the prisoner is the person.

GUILTY . Aged 19.— Transported for Ten Years.

NEW COURT, Wednesday, May 14th,1845.

Before Mr. Common Sergeant.

12th May 1845
Reference Numbert18450512-1099
VerdictGuilty > pleaded guilty

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1099. JOSEPH BARNES was indicted for stealing 1 shilling and 1 sixpence, the monies of Thomas Cowper, his master; to which he pleaded

GUILTY . and received a good character.— Confined One Month.

12th May 1845
Reference Numbert18450512-1100
VerdictGuilty > unknown; Guilty > unknown

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1100. WILLIAM DIXON and JAMES ELTON were indicted for stealing 12 feet of leaden pipe, value 8s., the goods of James Richardson, and fixed to a building; 2nd Count, not stating it to be fixed.

JAMES RICHARDSON . I am a bootmaker, and live in Cloth-Fair. On the 20th of April, between eight and nine o'clock at night, I was going down into my cellar, and found the water-pipe broken down—I proceeded

a little further, and found the prisoners—they had no business in the cellar—I bolted them in and sent for an officer—I then found some pipe in the cellar broken to pieces—I had seen it safely fixed about three o'clock in the afternoon—it was mine.

Cross-examined by MR. PAYNE. Q. Which is the way to your cellar? A. You go in at the private door, which was open all the evening—the prisoners were not in the water-closet when I first saw them—they had gone in there after I bolted the door, and were there when the policeman came.

GEORGE RUSSELL (City police-constable, No. 234.) I went to the prosecutor's and found seven pieces of lead pipe—a handkerchief was spread out in the cellar, in which they appeared to have been tied and untied again—the lead was all kicked about—I examined the prisoners' hands at the station, and there was the same sort of dirt on them that there was on the lead pipe—Elton's mother claimed the handkerchief the next morning.

(The prisoners received good characters.)

DIXON— GUILTY . Aged 16.

ELTON— GUILTY . Aged 16.

Confind Four Months.

12th May 1845
Reference Numbert18450512-1101
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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1101. JOHN WAKEMAN EDWARDS was indicted for stealing 6 gowns, value 7l. 10s.; 7 shawls, 7l.; 8 yards of silk, 1l. 3s.; 1 apron, 4s. 6d.; 3 towels, 2s. 6d.; 2 handkerchiefs, 2s.; 1 scarf, 4s.; 1 boa, 1s.; 1 watch, 3l. 10s.; 3 watch-guards, 3l.; 3 seals, 10s.; 4 necklaces, 10s.; 2 brooches, 8s.; 2 rings, 10s.; 1 fan, 10s.; 1 pincushion, 6d.; the goods of Matilda Mary Half hide, in the dwelling-house of Thomas Half hide: also 1 purse, value 1s. 6d.; 2 brushes, 3s.; 1 pocket-book, 6d.; 2 shirt-studs, 4s.; 3 shillings, and 1 groat; the property of Charles Andrew George Sivrae: and 3 breast-pins, value 10s.; 2 rings, 15s.; 8 handker-chiefs, 1l.; 5 collars, 2s. 6d.; 48 yards of ribbon, 6s.; 1 cap, 4s.; and 6 sovereigns; the property of Vincent Louis Monnerat, in the dwelling-house of our Lady the Queen: also 2 coats, value 5l.; 4 waistcoats, 1l.; 1 pair of trowsers, 1l. 10s.; 1 pair of boots, 1l.; 3 shawls, 4l.; 1 brooch, 15s.; 3 breast-pins, 1l.; 5 handkerchiefs, 10s.; 1 veil, 1l.; and 1 razor and case, 6d.; the goods of Michael Woolward Patmore, in the dwelling-house of Joseph Barber; to all which he pleaded

GUILTY. Aged 17.— Judgement Respited.

12th May 1845
Reference Numbert18450512-1102
VerdictGuilty > with recommendation

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1102. WILLIAM HILL was indicted for bigamy.

JOHN KENNY . I know the prisoner—I was present at his marriage in Paddington church about twenty years ago—i saw him married to his wife, who is now in Court.

JACOB CROWTHER . I am the parish clerk of Isleworth—I produce the certificate of the marriage of William Hill, widower, a blacksmith of Isleworth, to Jane Huckle, a widow of the same parish, on the 18th of Sept., 1844—I am sure he is the man—I was present.

STEPHEN CECIL (police-constable V 200.) I took the prisoner into custody—I called him aside—he said he was aware what I was come for, but he was not aware that his first wife was living when he married his second—I produce the certificate of both marriages—I saw them both examined with the books.

Prisoner's Defence. Between four and five years ago I was out of work; I went to Wales, and left my little girl with my iiicuds; when I

returned I found her in mourning; I was told my wife had died in the Newington union; I did not know any difference till about a fortnight ago, when she came to me; I said the best way would be to have it decided by law.

SARAH HILL . The prisoner is my father. I have been living with him nearly three years—I lived with him at Winchester, at Richmond, and at Brixton—I do not know where my mother was then—I did not go with my father to Wales—I was left in the workhouse at Devizes—my mother put me in—my father had left her, and she could not provide for me—I met my father in Winchester—I had a black bonnet on.

GUILTY . Aged 30.—Recommended to mercy by the Jury. Confined Six Months.

12th May 1845
Reference Numbert18450512-1103
VerdictGuilty > pleaded guilty

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1103. ROBERT PEEL was indicted for stealing at St. Ann Westminster, in the dwelling-house of Charles Delmar, 1 purse, value 6d.; sovereign, and 4 shillings; the property of Sarah Baldwin: 1 cash-box, value 1s.; 15 sovereigns; 1 promissory-note for 5l.; 1 bill of exchange for 13l.; 1 bill of exchange for 1l. 2s. 6d.; and a bill of exchange for 19l. 12s. 6d.; the property of Ebenezer Harvey and another; to which he pleaded

GUILTY . Aged 22.— Transported for Ten Years.

12th May 1845
Reference Numbert18450512-1104
VerdictGuilty > pleaded guilty

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1104. ELIZABETH MILLER was indicted for stealing, in the dwelling-house of Richard Steele, 1 table-cover, value 2l., the goods of Richard Steele, her master: 1 feather, 1l.; 1 artificial flower, 10s., the goods of Mary Sarah Steele: 6 prints, 6s., the goods of Sarah Robins: 1 knife, 5s.; 1 fork, 5s.; 2 shirt-studs, 6s.; and 1 5l. Bank note, the property of Henry Steele: also 1 locket, 2l., the goods of Agnes Ann Fawcett: 4 night-gowns, 7s.; 3 shifts, 10s.; 1 pair of boots, 10s.; 1 coat, 15s.; 1 blanket, 3s.; 3 table-covers, 15s.; 1 shawl, 10s.; 2 handkerchiefs, 7s.; 2 yards of ribbon, 2s.; 2 watch-pockets, 1s.; 1 pillow-case, 1s.; and 15 prints, 5s.; the goods of William Fawcett, her master; to all which she pleaded

GUILTY . Aged 17.— Confined Nine Months.

12th May 1845
Reference Numbert18450512-1105
VerdictGuilty > pleaded guilty

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1105. ANN COLLINS was indicted for stealing 1 bolster, value 5s., the goods of Elizabeth Margaret Sutton, her mistress: and that she had been before convicted of felony; to which she pleaded

GUILTY . Aged 26.— Confined One Year.

12th May 1845
Reference Numbert18450512-1106
VerdictGuilty > pleaded guilty

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1106. THOMAS GREAVES was indicted for stealing 1 jug, value 10s., 1 sauce-tureen and cover, 1s.;1 tureen and stand, 8s. 6d.; 11 plates, 5s. 6d.; 1 wine-glass, 1s. 8d.; 22 wine-glasses, 1l.; 9s.; 9 liqueur-glasses, 8s.; 20 dishes, 2l.;.; 11 tumblers, 14s.; 65 cups, 2l.; 19s.; 30 sancers, 15s.; 1 jug, 4s.; 1 cream-ewer, 4s.; 6 plates, 2l. 7s.; 5 basins, 10s.; 1 sugar-box and cover, 3s.; 2 butter-cooler 8s.; 1 pair of lustres, 14s.; 5 vases, 2l. 8s.; 9 egg-cups, 5s.; 1 lamp, 1l.; 2 ornamenfs, 10s.; 6d.; 20 plates, 1l.; 1 sugar-box, 3s.; 2 cream-ewers, 2s.; 6 egg-cups, 3s.; 1 jug, 3s.; 1 ladle, 1s.; 2 dishes, 7s.; 1 ink-stand, 16s.; 3 oilcans, 4s.; 1 piece of carpet, 5s.; 2 flower-glasses, 4s.; 1 goblet, 4s.; 1 lamp-shade, 5s.; 1 liqueur-glass, 2s.; 1 custard-glass, 2s.; 6 wine-glasses, 8s.; 4 tumblers, 8.; 2 lamp-mats, 4s.; 2 pair of lustre-arms, 12s.; 6 feet of chain, 1s.; 10 savcalls, 1s.; 1 float glass, 1s.; 2 pairs of lustre pliers, 3s.;1 curling-hook, 6s.; 2 vases, 6s.; 60 glass drops, 1l. 5s.; 60 spangles, 5s.; 2 brackets, 6d.; and 1 box, 1s., the goods of Thomas Pearce, his master; to which he pleaded

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

12th May 1845
Reference Numbert18450512-1107
VerdictGuilty > unknown

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1107. JOHN LEE was indicted for stealing 5 gowns, value 4l.; 2 pairs of drawers, 5s.; 2 shawls, 3l.;1/2 a yard of woollen cloth, 8s.; 2 petticoats 5s.; 1 shift, 5s.; 1 apron, 1s. 6d.; 2 yards of linen, 4s.; and 3 shirts, 10s.; the goods of John Penny: and 1 shirt, value 5s., the goods of Charles Penny, in the dwelling-house of John Penny.

CHARLES PENNY . I live in Boston-place, Dorset-square, St. Maryle-bone, with John Penny, my father—it is his dwelling-house—the prisoner lodged there—on the 29th of March I was disturbed between one and two o'clock in the morning—I went down to open the door to the prisoner, who had another man with him—he said he was his brother, and he asked me if I would allow him to sleep with him—I let them in and saw them up to their room—at half-past six o'clock my father called me—I found the prisoner gone, the drawers open and the gown and other articles stated, gone.—one shirt, which the prisoner had on when he was taken, was mine—the other things were my father's—this is my shirt that the prisoner had on.

JOHN PENNY . I went into the prisoner's bed-room on the morning of the 29th of March, and found that he and the other man had not been in bed, but there was the print of two persons who had sat one on each side of the bed—a writing-desk had been turned the reverse way from what I had put it the night before—I tried the drawers and they were open—the gown and other articles stated were gone—they were my property—I have not seen any of them since—they were worth upwards of 8l.

AGNES PENNY . I am the prosecutor's wife. The gown and the other property were mine—the shirt the prisoner had on was my son's—I made it myself.

Prisoner's Defence. I lodged at the prosecutor's for three weeks; on the night stated I happened to be in company with a young man; it being too late for him to go home, he asked me to give him a lodging; my land-lord's son opened the door; I asked if I could get a lodging for that young man; he said I could, as the other lodger was not come home; I awoke about six o'clock next morning, and found my bed-fellow was gone; I rose, and went out; I found the door standing open; I did not come beck, as my landlord wanted the rent, and being out of a situation I was resolved to go somewhere else till I should be able to pay; as to the shirt they took from me, it was my own; I have had it by me long enough.

GUILTY . Aged 30.— Confined One Year.

12th May 1845
Reference Numbert18450512-1108
VerdictGuilty > unknown

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1108. JOHN WILLIAMS was indicted for stealing 1 metal cup, value 5s.; 1 flagon, 19s.; 1 salver, 5s.; the goods of Henry Vickery and others: and 20 printed books, value 10s., the goods of Edward Tagart and others.—2nd COUNT, stating the 20 printed books to be the goods of Sarah Ann Jeffery.

HENRY VICKERY . I am a shoemaker—I keep the Domestic Mission Chapel, in Half Moonalley, Cripplegate. I locked the chapel door at ten o'clock at night on the 4th of May—I went again next morning, and found the communion service had been stolen—it consisted of a salver, a flagon, and a cup of Britannia metal, and the books were also gone—

Edward Tagart lives at Bayswater—he is one of the committee of the Domestic Mission Society, and one of the owners of this property, and there are other owners—Sarah Ann Jeffery is the governess of the day-school held in the chapel—she has the care and custody of these things by day—at night they are under my charge—they were for the use of the chapel.

Cross-examined by MR. PARRY. Q. Who are the trustees of this chapel? A. There are no trustees—it belongs to the Domestic Mission Society—the Rev. Edward Tagart and others are the committee—I do not take on myself to swear that the property belongs to Mr. Tagart—it does not belong to me.

COURT. Q. Do you know anything about who is the owner of the property? A. I believe the Rev. Edward Tagart and others are the owners.

WILLIAM TAYLOR . I live in Turn mill-street, Clerkenwell, and am a broker. On the 4th of May the prisoner brought these articles to me—he said his friends had been keeping a coffee-shop in Tottenham-court-road, they had left, and had no further use for these articles, that they were utensils of the coffee-shop—I told him to leave them, and I would ascertain the value if he would call again—he did not call, as he was taken on another charge—I am sure he is the person who brought them—it was on Monday week.

SAMUEL HEALE . I have looked at this flagon and cup and salver—they belong to the congregation of that chapel—they do not belong to Mr. Edward Tagart—the books belong to him and others—the flagon, salver, and cup belong to me and others, who compose the congregation—I am quite sure Henry Vickery is one of the others.

HENRY VICKERY re-examined. The books belong to Mr. Tagart and others—the communion service belongs to the congregation—I am one of the congregation and one of the owners of this property—I made a mistake when I said it belonged to Mr. Tagart—I thought you were alluding to the books.

Cross-examined. Q. Are you keeper of the chapel? A. I am—I receive wages for that—I am paid by the minister of the place—the congregation is Unitarian—to the best of my knowledge these books belong to Mr. Tagart—I know he and others send books to the school—there is nothing about these books which will enable me to swear they do belong to Mr. Edward Tagart—they do to the best of my knowledge—I am here to prove that I locked up the chapel on the Sunday night—I do not know of my own knowledge that Mr. Tagart ever sent one of these books to that place—I verily believe it, but I cannot swear it—there is no mark on them.

SARAH ANN JEFFERY . I am school-mistress of the chapel—I know Mr. Tagart, he sends books there—these are the sort of books he sends—I believe these are what he sent—I have one of the sort in my pocket—they are sent from the Unitarian Association as a body.

Cross-examined. Q. Are there not trustees to that Unitarian Association in whom the property is vested? A. There may be, I do not know—we receive all these books from the Unitarian body—Mr. Tagart is one of the Association.

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

12th May 1845
Reference Numbert18450512-1109
VerdictGuilty > pleaded guilty

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1109. THOMAS ASHBY was indicted for stealing 1 sovereign, 1 halfsovereign,and 4 crowns, the monies of Thomas Oldaker, his master, to which he pleaded

GUILTY . Aged 27.— Transported for Seven Years.

12th May 1845
Reference Numbert18450512-1110
VerdictGuilty > pleaded guilty

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1110. JOHN REED was indicted for embezzling the sum of 3l., the monies of Charles Rabache, his master; to which he pleaded

GUILTY . Aged 18.— Confined Six Months.

12th May 1845
Reference Numbert18450512-1111
VerdictGuilty > unknown

Related Material

1111. GEORGE THOMPSON was indicted for bigamy.

THOMAS HOWELL . I am a carpenter. I know the prisoner, and was present at his marriage, about twenty-two years ago, at St. Martin's church, Charing-cross—he married Ellen O'Brien—they lived together for some time—I saw her alive yesterday.

Cross-examined by MR. HORRY. Q. Did you know the prisoner from that time downward? A. Yes—I do not know whether he and his wife lived together uncomfortably—I lived in the country.

MARY ANN RILEY . I had seen the prisoner living with Ellen O'Brien as his wife—I cannot say how long it is ago—when I was there she was at home for eight days—he brought her home I believe—on the 3rd of February, 1845, I went to Croydon, and saw prisoner and Ann Connor married in Croydon church—the clergyman asked him if he was a married man, and he denied it—I could not say to the contrary—I knew no better—I should say I had seen his wife about a fortnight before Christmas—Ann Connor was a servant as far as I know, and about twenty-three or twenty-four years old—I do not know whether she had any money.

Cross-examined. Q. You knew his wife was alive at the time? A. I did not—I do not know that she had been pawning his things, and destroying his household effects—I do not know that his first wife told him he might go and be married, and that she gave up all right to him—nor that she is living with a man at this time.

JOHN HUDSON (police-constable R 80.) I took the prisoner at Westminster. I produce the two certificates of his marriage—I have compared them with the registers—they are correct.

GUILTY . Aged 40.— Confined Six Months.

NEW COURT.—Thursday, May 15th, 1845.

Second Jury, before Mr. Recorder.

12th May 1845
Reference Numbert18450512-1112
VerdictGuilty > pleaded guilty

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1112. ANN BRICE was indicted for stealing 1 half-crown, 1 shifting, 1 sixpence, and 1 sovereign, the monies of William Pollentine, her master; to which she pleaded

GUILTY . Aged 14.—Recommended to ercy. Confined One Month.

12th May 1845
Reference Numbert18450512-1113
VerdictGuilty > pleaded guilty

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1113. HENRY JOHNSON was indicted for stealing 10 handke-chiefs, value 3l.; and 1/2 of a handkerchief, 3s.; the goods of Thomas Sykes: also, 6 handkerchiefs, value 1l. 2s., the goods of Martha Williams: also, 7 scarfs, value 2l. 10s., the goods of James Blake: also, for obtaining by false pretences, 28 yards of linen cloth, value 1l. 10s., the goods of Richard Paddy and another; to all which he pleaded

GUILTY . Aged 21.— Transported for Seven Years.

12th May 1845
Reference Numbert18450512-1114
VerdictGuilty > unknown; Guilty > unknown

Related Material

1114. JOHN JONES and JOHN PERCELL were indicted for stealing 1 bag, value 6d.; and 361bs. weight of coffee, 1l. 15s.; the goods of George Butler.

GEORGE BUTLER . I live at No. 114, Drury-lane. On the 21st of April I left my shop for a few minutes, about a quarter before nine o'clock in the evening—I left about forty pounds of roasted coffee in a bag in the shop—I returned in about ten minutes—it was then gone—I went to the station in about a quarter of an hour, and saw it—it was worth 35s. or 2l.

Cross-examined by MR. PAYNE. Q. Where was this coffee? A. At the door—I know this bag by the letter T, and the number being on it.

Cross-examined by MR. MELLOR. Q. Was it close to the door? A. Just inside—a person passing by might have reached it, but I think they could not have lifted it up without entering—they must have been close to it to have lifted it, unless they had been very strong.

GEORGE STALEY . I am shopman to the prosecutor; I was left in charge of his shop during his absence. The prisoner Percell came into the shop for some low-priced figs—I stooped under the counter to get them—when I got them up he said he would not have them, he would have some better—I looked out some of the best we had—after some words, he refused them, and said he would have some better—I said we had not any better—he then leaned over the counter, laughed, and asked how much those were which I had showed him first—I said 1 1/2d.—he said he would have them—he then went away—my master came, and missed the coffee.

Cross-examined by MR. MELLOR. Q. It is not a very unusual thing for customers to say an article is not good enough? A. No; but I should think it strange if they were to change their minds very soon—there were four or five persons in the shop when Percell came in—I was actively engaged.

JAMESDUNN (police-sergeant F 20.) Between eight and nine o'clock in the evening of the 21st of April I was on duty, in plain clothes, in Drury-lane—I saw the prisoners, and a person who is not in custody, out-side Mr. Butler's door—I saw Percell leave them and go into the shop—the one not in custody then took a bag of coffee from the door, and carried it to a coffee-shop door a little higher up—Jones was with him at the time, and went with him when he carried the bag—the other put it down at the coffee-shop door—Jones then took it up, and carried it a few doors down Princes-street, where he was followed by another constable, and dropped it—a crowd of persons assembled round where the coffee was, and I laid hold of a man whom I thought was the man that had escaped, but it appeared I was mistaken—I then saw Percell come into the crowd—I told I person to hold the bag, and I pursued Percell, who ran away for about five minutes, and ran 400 or 500 yards—while he was running he kept saying several times,"What do you want me for?"—I took him—I had frequently seen him, but I did not know his name—I know him by sight, so as to know that he was with the other two at the prosecutor's door.

Cross-examined by MR. PAYNE. Q. How far were you off? A. I passed them—when I saw them take the coffee I was about fifty yards off—I heard them muttering together when I passed.

Cross-examined by MR. MELLOR. Q. Is not that place very much crowded? A. It is sometimes—it was night, but not quite dark.

THOMAS LANGDALE (police-constable F 121.) I was on duty in Princes-street, Drury-lane, on the 21st of April, between eight and nine o'clock—I saw Jones carrying a bag—on my approaching him he threw it down, and ran away—I pursued him into Drury-lane, and found him among some tubs and the materials for making a sewer—I laid hold of him, and took him to the station—I found in his pocket a few grains of roasted coffee—the coffee that was in the bag was ranted, and the mouth of the bag was open.

Cross-examined by MR. PAYNS. Q. Where were you when you first saw Jones? A. In Princes-street, which is about 200 yards from where the sewer is being made—there are three turnings between where I first saw him, and the sewer—when I took him he said he had been there for a necessary purpose—I found these grains of coffee in his right hand coat pocket—there were a good many people about, and a good many running—we cried, "Stop thief!"

JONES*— GUILTY . Aged 19.


Transported for seven years.

12th May 1845
Reference Numbert18450512-1115
VerdictNot Guilty > fault

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1115. JOHN DENNY was indicted for fefoniously uttering, on the 9th of April, a forged order for payment of 5l. 10s.—Well knowing it to be forged, with intent to defraud David Thompson.

The order was in the following words, "Please to pay to Richard Jenkins, or bearer, 5l. 10s.—H. J. PHILLIPS. Payable at Hoare and Co., Fleet-street."The Court rulqd it was not 'an order' on which the bankers ought to have acted.


12th May 1845
Reference Numbert18450512-1116
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Imprisonment

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1116. FERDINAND GRANDY and FREDERICK ROFFEY were indicted for stealing 1 sack, value 1s. 6d.; and 4 bushels of oats, value 10s.; the goods of Walter Powell; to which

GRANDY pleaded GUILTY . Aged 33, and received a good character.

Confined Six Months.

WALTER POWELL . I lire in Leather-lane, and a corn-chandler—Grandy was in my service for about two years and a half. On the 9th of May I sent him to Mr. Muggeridge's, in Earl-street, for seventeen quarters of oats—I afterwards gave him into custody, and in consequence of a conversation I had with him, I went with an officer to the corner of Portpool-lane, where I took Roffey—I told him it was for buying a sack of oats of my man for 5s.—(they were worth 10s. a sack)—he did not deny buying them, but he said he had not given him any money—we took him to the station—he told us where he lived—we searched his house in Half Moon-street, and found the sack of oats lying down by the bedside—I have a sampie of oats out of the seven sacks which Grandy brought home, and a sample from the sack we found at Roffey's—Grandy wai to bring four quarters home, and to take thirteen out.

JOSEPH HUDSON . I am in the employ of Mr. Muggeridge, corn mer-chant, of Upper Thames-street. Grandy came there on the 9th of May, about half-past six o'clock, and loaded his van—he had thirty-four lacks of oats given to him—I assisted in loading the van, and I counted the sacks—there were four bushels of oats in each sack, worth 10s. or 11s.—I have seen the sack of oats which was found at Roffey's—I cannot say who the sack belonged to—Mr. Powell furnished the sacks—I have seen

this sample of the oats which were found in the sack at Roffey's—I produce a sample of the bulk from which I loaded the thirty-four sacks of oats—they correspond with each other, and I have not a doubt of their being the same.

Cross-examined by MR. PAYNE. Q. How much of this kind of oati had your employer? A. We had then about eight quarters left—we had not sold any to anybody else.

GEORGE SMITH . I am a cow-keeper, and live in Robin Hood-court, Shoe-lane. On the 9th of May, a little before eight o'clock in the morning, I saw Mr. Powell's van in New-street-square—I saw a man take a sack from the van, and place it in a cart, but I could not swear it was either of the prisoners—the cart went into Dean-street, and into Fetter-lane.

Cross-examined. Q. What were you about? A. Serving my milk—I saw the van against Messrs. Whitefield and Hughes's factory—I did not speak to either of the persons.

THOMAS LOWE (police-constable G 84.) I went to No. 4, Half Moon-street, Portpool-lane—Roffey lived there—I searched his room, and found a sack of oats lying on the floor—I took a sample out of that sack, which I produced to Mr. Hudson—this is the Magistrate's handwriting to thii deposition—it was taken in the prisoner's presence, and signed by Mr. Alderman Wood.

Cross-examined. Q. Did you ever see him write? A. I have seen him writing when I was at Guildhall, but I was too low to see what be wrote—I saw him writing, and he gave the paper back to the clerk who had handed it to him.

COURT. Q. Have you seen and acted on his writing? A. Yes—I saw his pen move when he wrote this, and was watching him the whole time—I was too low to see what came from his pen—the deposition was handed to him, written, and then I saw his pen move—I saw the prisoner Roffey sign his name—I was in the witness-box—this is my name, which I put to the same paper.

MR. PAYNE. Q. Did you look at Roffey, and see what he was writing? A. Yes—I could see what he was doing—the clerk handed this paper to him—(read)—"The prisoner Roffey says, voluntarily, 'Grandy not offer it to me for sale at no price whatever; I expected him to fetch it from my place after I had taken it home; before he came the officer took me in charge.'"

RICHARD BAYLIS . I am an officer of the Police-court, Clerkenwell. I know Roffey, and was present at his former trial—I produce the certificate of his conviction—(read—Convicted 16th Feb., and confined three months—he is the person.

ROFFEY— GUILTY . Aged 50.— Confined Six Months.

12th May 1845
Reference Numbert18450512-1117
VerdictGuilty > pleaded guilty

Related Material

1117. WILLIAM MORGAN was indicted for stealing 3 shillings, and 3 pence, the monies of Edward Hall, his master; to which he pleaded

GUILTY . Aged 16.— Confined Fourteen Days.

12th May 1845
Reference Numbert18450512-1118
VerdictGuilty > pleaded guilty

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1118. DENNIS NEALE was indicted for stealing 8 iron flanges, value 10s.; 5 iron knees, 15s.; and 2 iron lining-plates, 5s.; the goods of Thomas Joseph Ditchburn and another, his masters; to which he pleaded

GUILTY . Aged 14.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1119
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

Related Material

1119. RICHARD GREEN was indicted for stealing 8 sovereigns, 6 half-crowns, 10 shillings, and 2 5l. notes, the property of Edward Row-land; to which he pleaded

GUILTY. Aged 18.— Judgment Respited.

12th May 1845
Reference Numbert18450512-1120
VerdictGuilty > pleaded guilty

Related Material

1120. JOHN SMITH was indicted for stealing 1 handkerchief, value 2s., the goods of Daniel Allen, from his person; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 19.— Confined One Year.

12th May 1845
Reference Numbert18450512-1121
VerdictGuilty > unknown

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1121. JOHN AFFLETT was indicted for stealing 1 pair of boots, value 2s. 6d. the goods of Abraham Robinson; and that he had been before convicted of felony.

ABRAHAM ROBINSON . I live on Saffron-hill. On the 8th of May Gunsby brought the prisoner by the collar into my shop, and said, "He has stolen a pair of your boots"—I looked to my window, and missed a pair—I asked Gunsby where the boots were—he said, "He has thrown them into a clothes-shop on the other side of the way"—these now produced are them.

Prisoner. Q. Did not a lad bring the boots in, and say a lad threw them into the shop A. The person into whose shop they were thrown brought them—the prisoner said, if I would not appear, his father would make me a recompense, and pay for the boots.

JOHN GUNSBY . On the 8th of May I saw the prisoner steal this pair of boots off the prosecutor's shop board, on Saffron-hill, about eleven o'clock in the daytime—he turned them up, looked at them, and then ran away—I pursued, and collared him—he threw the boots into a clothes-shop, on Saffron-hill, kept by Jacobs, a few yards from the prosecutor's.

Prisoner. A gentleman said, "Young man, you are accusing the wrong one," and you said, "Oh, no, I can swear to him on account of his apron." Witness. I did not—I took the prisoner back to the shop—he had crossed over the way—he never escaped from me from the time he threw the boots away—I kept him in custody till I took him back to the prosecutor's—there was nobody about that I could have mistaken him for—he. threw the boots just as I took hold of him.

WILLIAM WATSON (police-constable G 211.) I was called by the witness, who was coming along Coppice-row, to look for a policeman, with the prisoner in his custody—after he bad been to the prosecutor's shop he told me the same as he has stated to-day—the prisoner denied all knowledge of it—I heard him say, if Robinson would not prosecute him, his father would pay for the property; but when we went before the Magistrate he said he was not the man.

Prisoner's Defence. This occurred on the right-hand side, and I was on the left, about twenty yards from where it occurred; a lad threw something into a shop, the witness tapped me on the shoulder, and said, "You took a pair of boots;" a young man crossed, and said, "You hare accrued the wrong one, it is a person who has gone down the street;" he said, "No, it is him, I can swear to him by his apron; "I had nothing of the kind; a young man brought them over from the other side.

SOLOMON HANNANT (police-sergeant D 8.) I produce a certificate of the prisoner's conviction, which I got from Clerkenwell—(read—Convicted 7th Jan., 1845, and confined three months)—he is the person.

GUILTY . Aged 18.— Confined Twelve Months.

NEW COURT.—Friday, May 16th, 1845.

Fifth Jury, before Mr. Recorder.

12th May 1845
Reference Numbert18450512-1122
VerdictGuilty > pleaded guilty

Related Material

1122. HENRY JOHNSON was indicted for stealing 3lbs. weight of bacon, value 1s. 6d., the goods of William Gunston; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 17.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1123
VerdictGuilty > pleaded guilty

Related Material

1123. HENRY WILKINS was indicted for stealing 1 sovereign, 2 half-crowns, 11 shillings, and 2 sixpences, the monies of John Emly, his roaster; to which he pleaded

GUILTY . Aged 25.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1124
VerdictGuilty > pleaded guilty

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1124. ANN RAYNER was indicted for stealing 5 spoons, value 3l., the goods of Henry Hayes, her master; to which she pleaded

GUILTY . Aged 45.

12th May 1845
Reference Numbert18450512-1125
VerdictGuilty > pleaded guilty

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1125. SAMUEL ISAIAH SOLOMON was indicted for stealing 4 neckerchiefs, value 18s.; and 11 waistcoats, 6l. 2s.; the goods of Elias Moses and another, his masters; to which he pleaded

GUILTY . Aged 22.— Confined Six Months.

12th May 1845
Reference Numbert18450512-1126
VerdictGuilty > pleaded guilty

Related Material

1126. WILLIAM SHARP was indicted for stealing 6 pairs of boots, value 18s.; and 18 pairs of shoes, 10s.:—also, 22 pairs of boots, 3l. 13s.; and 34 paira of shoes, 4l. 9s.:—also, 3 pairs of shoes, 12s.; and 6 pairs of boots, 12s.: also, 4 pairs of boots, 10s.:—also, 3 pairs of shoes, 8s. 9d.; and 3 pairs of boots, 6s.; the goods of Daniel Depass and another, his masters; to all which indictments he pleaded

GUILTY . Aged 25.— Confined Twelve Months.

12th May 1845
Reference Numbert18450512-1127
VerdictGuilty > pleaded guilty

Related Material

1127. JOHANNA SMITH was indicted for stealing 1 pencil-case, value 6d.; 1 shilling, and 5 pence; the property of Octavius Rainsford, her master; to which she pleaded

GUILTY . Aged 18.— Confined One Month.

12th May 1845
Reference Numbert18450512-1128
VerdictGuilty > pleaded guilty

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1128. JOHN RIDDETT was indicted for embezzling 2l. 19s., which he received on account of Ann Segrott, his mistress; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 43.— Confined One Year.

12th May 1845
Reference Numbert18450512-1129
VerdictGuilty > pleaded guilty

Related Material

1129. EDWIN CLARKE was indicted for embezzling 5l. 1s. 4d., which he received for James Withers, his master; to which he pleaded

GUILTY . Aged 30.— Confined Nine Months.

12th May 1845
Reference Numbert18450512-1130
VerdictGuilty > pleaded guilty

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1130. JAMES GOUGH was indicted for stealing 1 copper, value 16s. 6d.; and 28lbs. weight of lead, 3s. 6d.; the goods of Edward Dalby Chaston, and fixed to a building; against the Statute, &c.; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 23.— Confined One Year.

12th May 1845
Reference Numbert18450512-1131
VerdictGuilty > lesser offence

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1131. MARY PRITCHARD was indicted for feloniously forging anduttering an acquittance and receipt for 16s., with intent to defraud Thomas Marston, well knowing it to be forged.

ELLEN MARSTON . I am the wife of Thomas Marston—we live in Farringdon-square. The prisoner was my cook—she quitted my service about the 13th of April—in the month of March I instructed her to pay a bill of 16s. to Pittman, a potato-merchant—I furnished her with the money—I think it was in gold, probably a sovereign, and would require change—she brought me back this bill, which purports to be receipted, and said it was paid—after she was discharged I sent to Mr. Pittman's, and my husband gave the prisoner in charge about two days afterwards.

Cross-examined by MR. DOANE. Q. Had she to disburse small sums of money for the house? A. Yes, she frequently had money from me for that purpose—she kept an account, and I used to pay her money from time to time—I think on this occasion I gave her a sovereign, and gave her the bill at the same time—I think it was the next day she returned this bill to me receipted:—(read)—"Mr. Marston to Thos. Pittman, goods 16s. Paid. A. Taylor."

ALEXANDER TATIOR . I am in the service of Mr. Pittman, of University-street, Tottenham-court-road—I am in the habit of receipting bills for him—I knew the prisoner in the service of Mr. Marston—I made out this bill, but this "Paid A. Taylor" at the bottom of it is not my writing—I do not know the writing—it was not written by my authority, and I did not receive the money.

THOMAS PITTMAN . I am the master of Taylor—this bill has been paid to me since the prisoner was apprehended—it had not been paid up to the 15th of April—I know this "Paid A. Taylor" on the bill is not roy young man's writing, nor written by my authority—I never received any money of the prisoner.

GEORGE PORTSMOUTH (police-constable E 17.) I apprehended the prisoner.

GUILTY . Aged 40, of uttering. Confined Two years.

12th May 1845
Reference Numbert18450512-1132
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

1132. MARY WILSON and ELIZA WILLIAMS were indicted for unlawfully uttering counterfeit coin.

MESSRS. ELLIS and DOANE conducted ihe Prosecution.

ELIZA MACRO . I keep a biscuit shop in Cheapside. On the 24th of April Wilson came into the shop between twelve and two o'clock—she asked for a penny bun, and gave me a new shilling, which I looked at and suspected—I turned it over once or twice, but I gave her change—I laid the shilling in the till with the coppers because I had a doubt about it—there was no other silver there—in a few minutes Pound came into the shop—I showed him the shilling—I marked it in his presence, and repjaced it in the till—the policeman came afterwards, and I gave him the same shilling.

Cross-examined by MR. BALLANTINE. Q. I suppose no one influenced you in taking that shilling but Wilson? A. No.

Wilson. Q. Did you not put it into the till that the sixpence came from? A. Yes, but there is a partition in the till; one side for copper and the other for silver—I put it in the copper part—I said "I dont like this shilling"—I keep my gold in my pocket.

COURT. Q. Are you quite clear that you did not first place this shilling

in the silver portion of the till? A. I did not—I am not a good judge of I silver—I have taken seven bad pieces within two months.

GEORGE JOHNSTON . I live at Ridgway and Co.'s, Nos. 4 and 5, King William-street. On the 24th of April, about one or two o'clock, Wilson came to our place for a quarter of a pound of coffee at one shilling a pound—she offered a shilling in payment—I examined it and told her it was bad—I put it to my teeth and made a slight mark on it—she said, "Don't deface it, I have just taken it, I will get it changed"—I gave it her back again—she said, "Do you think I made the shilling"—I said, "I don't know, but I can assure you it is a bad one"—it was a new one.

Wilson. Q. You said you knew me as a customer? A. I knew both the prisoners as customers—I never knew them offer bad money before.

MARY ANN COLE . I am shopwoman at Ring and Brymer's, late Birch't, in Cornhill. On the 24th of April Wilson came into our shop a little after one o'clock, for a penny bun, and gave me a shilling—I doubted it immediately—while I was doubting it Pound came in—I cut the shilling with a knife and gave it to him—I had opened the till, but had not put it out of my hand—I had not'given the change—I did not intend to give it.

Wilson. Q. Did you not give your boy the shilling to take to another person? A. The boy was the shop waiter—I handed the shilling to him, but it did not go out of my sight—I am positive it was the same shilling—he took it to the head waiter, but it was not out of my sight—where he took it is in a line with the shop—I took another shilling out of the till that I might compare it.

COURT. Q. Do you mean to say that you can command a view of the place where the waiter is as well as where the boy is? A. Yes—it it glass all round—the shop is very small, and so is the room where the head waiter was—he was in the room, but he came forwards—he had the shilling in his hand—I am sure I can see from behind the counter to where the waiter was—the shop waiter is by the door, always in attendance—the head waiter was perhaps three or four yards from me—I cannot say exactly—this is my signature to this deposition—(read—"On the 24th of April, soon after one o'clock, Wilson came in, and asked for a penny bun; I served her; she gave me a shilling; I saw it was bad; while I was doubting it Mr. Pound came in; I marked it, and gave it him") the shilling was in my hand—I had just had it returned to me at the time Pound came into the shop.

MR. DOANE. Q. Was there a slight mark on the shilling? A. Yes—it appeared a sort of scratch, as if a person had bitten it, but I most doubted it on account of its dirty appearance—I observed the scratch on it directly I took it in my hand—I cut it with a knife from the centre to the edge.

WILLIAM WICKENDEN (City police-constable, No. 470.) I was on duty on the 24th of April—the prisoner Williams was pointed out to me—she was standing against St. Mildred's-place, in the Poultry, about a quarter before two o'clock in the afternoon—I took her into custody—I found in her hand a sixpence, a fourpenny piece, and a penny—I took her to the station—I received this shilling from Miss Macro, in Cheapside.

JOHN ROBERT FOULGER (Citypolice-constable, No. 433.) On the 24th of April I took Wilson into custody at the shop which was Birch's, in Cornhill—I received this shilling from Pound while I was in the shop—Wilson was standing at the counter at the time.

WILLIAM POUND . I am a shoemaker, and live in Duke-street, Westminster-road.

On the 24th of April I was on the Surrey side of Black-friars-bridge with a young man named Webb—I saw the two prisoners together—I followed them to Macro's shop, and saw Wilson go in—Williams was waiting on the opposite side—they had been together all the way from where I first saw them, (which was nearly a mile from the Surrey side of Blackfriars-bridge) to Bow church—when Wilson came out of Macro's shop I went in, and made inquiries—I left Williams on the opposite side of the way when I went in, and when I came out again I found her still there, and Wilson was about joining her—I followed them to Ridgway's shop—Wilson went in there, and Williams waited on the opposite side of the way near to Nicholas-lane—when Wilson came out they joined again, and went on to Birch's shop—previous to their getting there they were in conversation together—Wilson went into the shop—I saw a policeman, and went with him into the shop—I did not know what became of Williams when I got into the shop—I saw a lad hand a shilling to Cole, and she marked it with a knife—I got it from her, and gave it to the policeman.

Cross-examined. Q. What have you to do with following persons in the street? A. When I see anything of this kind I think I am in duty bound to the public to cause them to be apprehended—I am not employed by the Mint—I do it voluntarily—I have had remuneration from the Mint when I was in the police—I have not been paid for this—I expect I shall be—I never was at Clerkenwell but once—I have been several times in this Court—it is two years since I was in the police—I left through getting a little drop too much to drink—I was turned out—I have since been a cobbler, and was so before—I want to get into the police again if I can—I have not tried, nor has any one for me—I can get a recommendation from two Magistrates.

MARY ANN COLE re-examined. This is the shilling I took and marked—I think this mark in the centre on the reverse side is the mark I noticed when Wilson handed it to me—it was not bent when I first got it—the man in the shop bent it after I gave it to the witness.

GEORGE JOHNSTON re-examined. This is the mark I made on the shilling—it was not bent when I bit it, nor when I returned it to Wilson.

JOSEPH BENJAMIN WEBB . On the 24th of April I was on the Surrey side of Blackfriars-bridge in company with Pound—I told him I thought I should go round the City, and try to get some work—I saw the two prisoners, a man, and another female—Pound said to me, "There goes some smashers"—I walked with him up Ludgate-hill, and through Cheapside—I saw the prisoners walking together for above an hour from the other tide of Blackfriars-bridge, through Ludgate-hill and Chcapside, to King William-street and to Cornhill.

Cross-examined. Q. How long have you known Pound? A. About eighteen months—I did not know him in the police—I do not know how I became acquainted with him—to the best of my recollection it was by having a drop of beer somewhere in the Borough, but I do not know at what public-house—I happened to meet him that day, where I called in to get a pint of beer—I had never been about with him before, hunting after snmshers—I have never been a witness with him—I have been a witness in two cases of picking pockets—I am a brushmaker—I have not applied lor a policeman's situation—I do not wish to be one—I have never visited Pound's house—I never went to Mr. Powell's office till I went with the

officers in this case—I did not go about my expenses—I do not know whether I shall have any or not—I never had anything of this description before.

MR. JOHN FIELD . I am inspector of coin to the Royal Mint—these shillings are both counterfeit, and both from the same mould—they purport to be of the date of 1844—they are covered with silver, by means of electroplating—the surface is covered with silver.

Wilson's Defence. I do not get my living in this way, I walk the streets; I got the two shillings and a sixpence from a man; if you show me a little mercy, I will go home to my own country.

WILSON— GUILTY . Aged 29.—Recommended to mercy. Confined

Three Months.


12th May 1845
Reference Numbert18450512-1133
VerdictGuilty > pleaded guilty; Guilty > unknown; Not Guilty > unknown
SentenceImprisonment; Imprisonment

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1133. ANN SUMMERS, CHARLES GOSLING , and WILLIAM WILSON , were indicted for unlawfully littering counterfeit coin; to which

GOSLING pleaded GUILTY . Aged 19.— Confined Six Months.

MESSRS. ELLIS and DOANE conducted the Prosecution.

CHARLES DANIEL CAIGON . I am apprentice to Mr. Brown, chemist and druggist, Lower-street, Islington. In the evening, on the 19th of April, Summers came into the shop, about half-past seven, for 1d. worth of flour of sulphur—I gave it her—she gave roe a shilling—I gave her a sixpence and 5d.—she went away—I put the shilling inside the front of the till by itself—there was other silver there, but not near that—Withers came in a minute or two afterwards—I had not left the shop, and no one had gone to the till—when Withers, the officer, came I went to the till—my master's attention was called to the shilling by the officer—he took it out of the till, marked it, and put it on a shelf—he went away, and returned in about half an hour, and my master gave him the same shilling.

EDWIN BROWN . I am the master of Caigon—I was in the shop—I saw Summers come in for the sulphur, and Caigon served her—Withers afterwards came in, and called our attention to the shilling—one of us took it out and found it was bad—Withers said, "Mark it, and put it aside; I will call for it presently"—it was taken from the front part of the till—I am not quite certain whether I took it or Caigon—I said, "You are sure this is the shilling you have taken?—he said, "Yes, I will swear it; that is the place where I put it"—about a quarter of an hour after Summers left the shop, the prisoner Wilson came in, while we were talking about the shilling—he came for some trifling thing, but he seemed to feel uncomfortable, and said, "I must go back, I have dropped a halfpenny"—I saw him put a shilling into his pocket, which I suppose he was endeavouring to pass—he did not come back—I am certain he heard us talking about the shilling.

Summers. Q. I never was in your shop; are you sure it was me? A. I am positively certain—you conversed with me while the boy was serving you.

JOHN JOHNSON . I am a chemist and druggist, and live in Upper-street, Islington, about five minutes walk from Mr. Brown's. A little after seven o'clock, on the 19th of April, Wilson came to my shop for a seidlitz powder—it came to 1 1/2d.—he offered a shilling—I thought it was bad—I

immediately took a shilling out of the till and weighed them—I found the one he presented to me was very light—I asked where he got it—he said his sister gave it him—I said I thought it was bad, and I chopped it—he requested to have half of it back, that his sister might get it changed—I had not cut it in halves, but was proceeding to deface it—I gave him the whole shilling back—while he was there Gosling came in—he purchased a 1d. worth of flour of sulphur, and paid me a penny.

FANNY MARSH . I am shop-woman to Francis Weaver, a tobacconist, in the Lower-road, Islington. On the 19th of April, about half-past seven o'clock in the evening, Gosling came in for a quarter of an ounce of tobacco, at 3/4d.—I served him—he gave me a shilling—I gave him a sixpence and 5 1/4d.—I put the shilling in the bowl in the till—there were two or three sixpences, but no other shilling there—Gosling hurried from the door, and the minute after he was gone I took the shilling out of the bowl—I found it was bad, and put it into a paper—Withers came in, and I gave it to him.

THOMAS WITHERS (police-constable N 211.) On the 19th of April I was in Paradise-place, Lower-road, Islington—I saw the three prisoners in company—they were going towards Mr. Brown's shop—Summers then went into Mr. Brown's, and the other two kept walking past—I afterwards went into Mr. Brown's and made inquiry—I came out, and in about two minutes I saw the three prisoners together on the opposite side of the way, about 100 yards from the shop—they separated—Summers went towards Church-street—I took her and gave ber to another constable—I told him to be careful, as I suspected she had money—I saw a half-crown drop from a handkerchief in her hand, while I had hold of both her hands—it proved to be bad—she said, after it had been picked up, "Don't hold my hands so tight, I have sot offered it"—I took Gosling and Wilson within two or three yards of the same spot, in Church-street, about a quarter of an hour afterwards—at I was going along with them, I heard a chink, and found it was a half-crown—I saw a gentleman pick it up—I then laid hold of Gosling's band, and took from him a bad half-crown—I found two packets of brimstone, some tobacco, and 1s. 101/4d. on Gosling—I afterwards saw Marsh, who gave me this shilling which I produce.

CHARLXS DANIEL CAIGON re-examined. This is the packet I gave to Summers—I know it by my own writing on it.

Summers. Q. Are you sure it was me? A. Yes, I saw you. I know you gave me the bad shilling, because I know where it was put, and I saw it taken out of the till—I put it almost in a corner.

CORNELIUS SAVORY (police-constable N 160.) I was with Withres when Summers was taken—I took a handkerchief from her left hand, and shook it, and this half-crown came out—she said at the station that she was an unfortunate girl, and a gentleman gave it her aboat half-an-hour ago—it was tben about a quarter before eight o'clock.

FREDERICK SHEPHERD . I am a printer, and live in Pierpoint-row—I was passing by when the officers had Gosling and Wilson in custody—I saw Gosling throw away a half-crown—the officer told me to take care of it—I gave it to Withers at the station.

Mr. John Field. These three half-crowns are all counterfeit, and east in the same mould—the two shillings are also counterfeit.

Summers' Defence. I deny any knowledge of Gosling; I never went

into Brown's shop; when I was going to the station the officer asked what I had got, and I said, if he would let go of my hand I would show him.

SUMMERS— GUILTY . Aged 19.— Confined Six Months.


12th May 1845
Reference Numbert18450512-1134
VerdictGuilty > unknown

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1134. ELLEN CLANCEY was indicted for a like offence.

ELLEN HEWSON . I am in the service of Mr. Whitehouse, a laceman, in Oxford-street. On the 10th of April, the prisoner came for an artificial I flower—she selected two, which came to 7d., and gave me a crown-piece—I gave her the change—I put the crown-piece into the till—there was no other crown-piece there—somebody came in about five minutes after, and said something to me—I went to the till, took out the crown, and found it was bad—no one had been to the till during that time—I showed it to Mr. Whitehouse—he marked it with an H—I then returned it to the till, and kept it there till Saturday, the 12th of April, when I gave it to Hardwick.

Prisoner. Q. Is there not a stout lady goes to the desk in the shop? A. Mrs. Whitehouse is rather a stout lady; but she was not there then—when you purchased the flowers you said you had a bad headache—I am confident you are the woman.

Prisoner. I never was in the shop that day; I know it because I lived in the neighbourhood; when this witness came up, she said she had no mark by which she knew me; she never said I was the person.

COURT. Q. When the inquiry was before the Magistrate, did the prisoner put questions to you denying that she had been in the shop? A. Yes, she said that she had never seen me before—Mr. Whitehouse and two other persons were in the shop.

MR. DOANE. Q. Is there a desk in the shop? A. Yes, and the till is in the desk—no one went to the till between my putting that crown in and taking it out—I saw the prisoner again on the following Thursday—I knew her directly—I have not the least doubt of her—I am confident.

THOMAS HARDWICK (police-constable D 80.) I received this crown-piece from Ellen Hewson on Saturday, the 12th of April.

JOHN SELLWOOD . I keep the Prince of Wales public-house in Marylebone-lane. On Saturday, the 12th of April, the prisoner came into my house, about twenty minutes past four o'clock, for a glass of ale and change for a 5s. piece—the ale came to 1 1/2d.—I gave her a half-crown, two shillings, and 4 1/2d.—I thought the crown was good—I put it into the till where there was no other crown—she drank the ale in a hurried manner, and went out—in consequence of that I looked at the crown-piece immediately, and found it was bad—I went out, taking the crown with me—I found she had got to the corner of Henrietta-street, about 120 yardi distance—I overtook her and said, "You have given me a bad 5s. piece"—she said, "Why did not you say so at the time?"—I said it was quite time enough—I took her to the station—I gave the same crown to Walsh.

MAVRICE WALSH (police-constable D 145.) Mr. Sellwood brought the prisoner to the station with this crown.

MR. JOHN FIELD . These are both counterfeit.

Prisoner's Defence. The shop in Oxford-street is always full of people, and they all go to the till; I saw a little boy going to it the last time I

was there, and the stout lady goes there; I am quite innocent of the crown that Hewson swears against me; the desk is half the length of this Court, from the counter, and halfpence and everything is taken to the desk.

JURY to ELLIN HEWSON. Q. Was the prisoner a general customer there? A. I do not know her as a customer—i have been there fourteen months—I do not recollect serving her—the shop is sometimes crowded, with customers—I do not recollect what flowers I served her with—they were two cap flowers.

GUILTY . Aged 24.— Confined Six Months.

12th May 1845
Reference Numbert18450512-1135
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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1135. HENRY HALL and MARY ANN WRIGHT were indicted for a like offence.

JAMES PATE . I deal in coals, and live at Edmonton. On the 15th of April I had been to London for a load of coals—I got at far as the Hare and Hounds at Newington on my return, about two o'clock—I saw the prisoners sitting by the side of each other at the Hare and Hounds, having bread and cheese and porter—I left there about three o'clock—they had left before I did—when I got on to Stone Lee I saw Wright by herself—I went on about a hundred yards further to Bruce-grove, and then taw them together—Hall left, and went into a grocer's shop—Wright went on ahead—she was about twenty yards from the shop—when Hall came out they joined together—Hall took something from bis pocket and handed to Wright out of a paper—they went on together, and when I got to Tottenham I informed the police, who accompanied me down the road to the White Horse, where Wright was taken—I know Mrs. Bourne's shop at Stone Lee, and I suspect Hall was in that shop when I saw Wright standing about twenty yards from it by herself—when Wright was taken she was alone, but she screamed "Murder!" and Hall came up to her assistance, and he was taken at the tame time—we could not ascertain whether he came from the public-house or the stationer's shop.

ANN BOURNE . I keep a stationer's shop. On the 15th of April Hall came, between three and four o'clock in the afternoon—he asked for a sheet of giltedged paper, which came to 1d.—he offered a half-crown—I am sure it was a good one—I noticed it, and sounded it on the counter—I gave him two shillings, a fourpence, and a penny—he left the change on the counter, and asked for a pen—the price of that was a halfpenny—while I was turning to get the pen he changed one of the shillings—I did not see him change it, but I know I had laid down two good shillings—I had had them in my pocket two or three hours, and am certain they were. good—I had taken them in my dealings, and noticed them, and sounded them—I had no other shillings—those I laid down were what I heve examined, as I have described—the moment I cast my eyes on the counter again, after getting the pen, I perceived there had been a change—I said one of the shillings was bad, and it had been changed—he denied having changed it, and said, "Give me the half-crown again, I have got half-pence"—I had no one in the house—he stood denying it, and arguing with me a long while—I gave him the half-crown and took up the bad money—I took the shilling in-doors, and put it on the mantel-piece—I afterwards gave it to my sister—she is not here, but the shilling was not out of my sight—I afterwards gave it to the officer.

RICHARD SINCLAIR (police-constable N 321.) I produce this shilling, which I received from Mrs. Bourne.

ANN TAYLOR . I keep a stationer's shop. On the afternoon of the 15th of April Hall came in for a sheet of giltedged writing-paper—it came to 1d.—he gave me a good half-crown—I gave him two shillings, a fourpenny-piece, and a penny, which were quite good—the change was lying on the counter, and he asked me for some steel pens, which are kept on some shelves at the back—I had to turn round to get them—I produced some to him—he selected two, and gave me 1d. which he took up from the counter—he then began ringing the two shillings, and said one of them looked black—I said it was good, thinking that they were the shillings I had laid down—he said he did not say it was bad, he only said it looked black—at that time my sister came into the shop—she spoke loud enough for him to hear, and said she had no bad money in the house before he came in—he said he did not say it was bad, he only wanted good moneys I said if it was the same I laid on the counter it was good, but if he had changed it I knew nothing about it—we looked at the shilling which he said was so black—we believed it was a bad one, and quite a different shilling fiom either of those I had given him—it was black—neither of those I had given him were black—I put it on the counter, and would not change it—he said he did not say it was bad—he took it up and carried it away—(my shop is about half a mile from Mrs. Bourne's)—my sister went out after him—I heard a scream, and in about ten minutes I saw the two prisoners in custody.

ROBERT BUTCHER (police-constable N 37.) I was on duty at Tottenham on the 15th April—I saw the prisoners in company between four and five o'clock—Pate pointed them out—I saw Wright standing about one hundred yards from Taylor's shop, as if she was waiting—I had then lost sight of Hall—I suspect he was in the public-house, or in Taylor's shop—I went up to Wright, seized her hand, and found in it six counterfeit shillings in a piece of white paper—she would not give them up—I was obliged to put her into a shop, acd had a great deal of difficulty in wrenching them from her hand—there was a good half-crown, a shilling, and a sixpence found on her, and six pennyworth of halfpence—while I was scuffling with her, Hall came up and requested I would not hurt the woman, and he would render roe every assistance in his power—I took them both—I found on Hall two shillings, a fourpenny-piece, and a halfpenny—he said at the station-house that the woman was quite a stranger to him; he never saw her in his life.

Hall. I said, "Never before that afternoon." Witness. He said, "Never at all"—I found a quantity of dirt loose in his pocket.

MR. JOHN FIELD . This first shilling is counterfeit; the other six are counterfeit, and all seven are cast in the same mould.

Hall's Defence. I met with this young woman, and we got into a little conversation; I said I was going into a beer-shop, and asked if she would come in, and we could then walk on together; we went in, and had some bread, cheese, and beer; we then went on till I came to the stationer's; I gave the woman half-a-crown, she gave me two shillings, a fourpenny-piece, and a penny; I said I thought one of the shillings was rather dark; I went on and heard a scream of "Murder!" and saw this young woman that I had been in company with.

Wright's Defence. I found the shillings wrapped in a piece of paper; I wrapped them up again and carried them in my hand, not knowing they

were bad; this young man did not know I had them; I never saw him till that day.

HALL— GUILTY . Aged 21.— Confined One Year.

WRIGHT— GUILTY . Aged 25.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1136
VerdictGuilty > unknown; Guilty > unknown

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1136. ISAAC HARMAN and WILLIAM NICHOLSON were indicted for unlawfully uttering counterfeit coin.

ELIZABETH HORLOCK . I am the wife of Richard Horlock. We keep the Old Swan public-house, Paradise-row, Chelsea. On the 24th of March the prisoners came in together, and were talking about going to a running match—Harman said to Nicholson, "If you are fool enough to spend your money in betting, I am not"—Harman then said, "Two three half-pennyworth's of gin, change for a sovereign, quick, and half-a-sovereign"—he laid down a good sovereign on the counter—I removed it, and placed it on the board—I gave in change a good half-sovereign and the rest in silver—Harman took up the half-sovereign—Nicholson went to the door, came back and said, "What do you want to change for, I have halfpence sufficient to pay for the gin"—he produced threepence—I had seen Harman take up the good half-sovereign, which I put down, and I saw him put one down—on Nicholson paying me the halfpence, I returned the sovereign, and I swept the half-sovereign that Harman had put down and the silver into my hand—I put the half-sovereign into a glass—there was no other half-sovereign there—I put the glass with the half-sovereign into a box, which I locked, and kept the key of it myself—next morning I went to the box to book with my husband, and give my account—I then looked at the half-sovereign—it was not the same that I had given to Harman, but it was the one he put down, and it was a very bad one—I gave it to my husband—I am quite sure it was not the tame—it was a good one I gave him—I am almost positive it was on Easter Monday the prisoner came to me.

Cross-examined by MR. PAYNE. Q. You put the half-sovereign into the glass without looking at it? A. I swept it into my hand—Harman put down the half-sovereign on the counter, while Nicholson was gone to the door.

Cross-examined by MR. HUDDLESTON. Q. What did they do with the gin? A. They drank it while they were talking—when I put the half-sovereign into the glass, I put the glass on the side-board till I had served my customers, who were standing round the bar—I then put away the glass containing the half-sovereign.

RICHARD HORLOCK . I keep the Swan public-house. On Easter Monday, the 24th of March, this occurred—it was on the 25th that I saw the bad half-sovereign.

Q. In your deposition you state it was on Monday the 31st, which was it? A. It was on the 24th, about three weeks before we went before the Magistrate—I think we were examined on the 15th of April—on the 25th of March, I received the bad half-sovereign from my wife—she took it from a glass in a box which had been locked, and she bad the key of it—there was no other half-sovereign there—I put it in paper, and kept it separate till I took it to Queen-square on the 15th of April—I gave it to the policeman—I made a hole through it, and marked it.

JOHN MAGINN (police-constable B 147.) I received this half-sovereign from Mr. Horlock.

SARAH GURLING . I am bar-maid at the White Bear, Berwick-street, Soho. About five o'clock in the evening, on the 5th of April, the prisoners came there—one of them asked for two three halfpenny-worths of gin—Harman gave me a good sovereign—I showed it to a person who was standing by—I then put it into a box behind the bar—I took a half-sovereign out of the box, and 9s. 6d. out of the till—there was no other half-sovereign in the box, and that was a good one—I had taken it a few minutes previously, and had shown it to George London—when we are alone we show the gold to each other—I laid that half-sovereign on the counter with the 9s. 6d.—I was then standing at the counter, getting the half-pence, when Nicholson said, "You need not change, I have halfpence enough to pay"—Harman asked me if it would make any difference—I said, "Not any"—I turned back to give the sovereign to him again, and while I turned the prisoners had an opportunity of taking up the half-sovereign, and putting another down—I expect that it then must have been done—I gave the sovereign back to Harman, and took the half-sovereign and silver off the counter—I put the half-sovereign back into the same box, thinking it was the one I had given him—I did not examine it—they then went away—they left part of their gin—when Nicholson got to the door he said, "I have given you the 3d., have not I, ma'am?"—I said, "Yes"—he said, "All right"—in a few minutes after they were gone I had suspicion, and was induced to look into the box—I found the half-sovereign was a bad one—it was not the one I gave to Harman, but another—I marked it and gave it to Mr. Scarfe, my master.

Cross-examined by MR. PAYNE. Q. How large is this box? A. Not very large—it is a fixture in the bar—I did not put my hand into the box to take out the half-sovereign—there is a little bowl placed in the box for gold—I did not take the bowl out—I put my hand in and took the half-sovereign out, and then put it down on the counter—I thought I took up the same again, but I am quite certain that the one I gave was a good one—it was the only half-sovereign I had.

Cross-examined by MR. HUDDLESTON. Q. Do you know who the customer was who gave you the half-sovereign? A. No—it was a female—it was about five o'clock on Saturday evening when the prisoners came—our business was not very brisk at that time.

GEORGE LONDON . I am in the service of the landlord of the White Bear. The prisoners came there about five o'clock in the evening on the 5th of April, and were served by Gurling—I did not see the sovereign put down nor taken up, but Gurling brought it to me to see if it was a good one—I found it was good—Gurling placed it in the bowl, and at the time she did so she took out a half-sovereign—it was the only half-sovereign that was in the bowl—I had been asked to look at it a few minutes before, and had ascertained that it was a good one, and of the reign of William IV—when Gurling took out the half-sovereign, and put it down with the silver on the counter, I still remained there—I saw her take the change up again—I saw her put the half-sovereign into the same bowl she took the half-sovereign from—the prisoners then went away—in a very few minutes afterwards I examined the half-sovereign in the bowl—I found it was a bad one, of the reign of Queen Victoria.

Cross-examined by MR. PAYNE. Q. I suppose Gurling took the half-sovereign off the counter, and sounded it in your presence? A. Yes, directly the men went away.

Cross-examined by MR. HUDDLESTON. Q. Who had brought the first half-sovereign? A. An elderly lady, who came in between four and five o'clock—I do not know what she had—the box is behind the counter—you turn round to get to it.

MR. BODKIN. Q. Had any other half-sovereign been taken between the time of the lady coming and the prisoners coming? A. No.

EDWARD SCARFE . I keep the White Bear. On the 5th of April Gurling gave me a half-sovereign—I went to the station and gave it to Whall.

JOHN WHALL (police-sergeant G 16.) I received this half-sovereign from Mr. Scarfe.

WILLIAM BRYSON . I am son of James Bryson, of the Two Brewers, at Brewer's-green. On the 8th of April the prisoners came there about eleven o'clock in the evening—Harman asked for some shrub and water, which came to 5d.—Harman threw down a sovereign, which I saw was good—I put down the change for it, and amongst it was a half-sovereign, which I am quite sure was good—I took it from the back of the till—after I put it down Nicholson said it was no use for Harman to change the sovereign, as he had halfpence enough, and they paid me in halfpence—Nicholson produced halfpence enough all but one halfpenny, and Harman produced that—I then gave back the sovereign, and took up the change, and the prisoners went away—our till has four divisions in it—I took the half-sovereign that I put down, from the back division, and I put the half-sovereign that I took up again, into the front division—there was no other half-sovereign there—in consequence of something that occurred after they left, I looked at that half-sovereign in about two minutes—I am sure it was the same—no one had gone to the till in the meantime—I then examined, and found it was counterfeit—I gave it to my father the next morning—I am sure I gave him the same half-sovereign that I took up from the counter—while the money was lying on the counter, Nicholson asked me what time it was—we have a clock in another room—I had to turn my head to see the time, and that took my attention from the money.

Cross-examined by MR. PAYNE. Q. There were two half-sovereigns in the till before they came in? A. Yes—I noticed the one that I gave the prisoner was a good one—I did not feel them both—I afterwards found there was one bad one in the till—I recollect I put the other half-sovereign just down in front of the till—I did not throw it in—the till is divided into two parts, and the front part has three holes in it—this half-sovereign was put into the front part of the back division.

MR. BODKIN. Q. Just describe where the two half-sovereigns were when you took one out? A. In the back part of the back division of the till—it is a part inclosed by four sides—when I put the half-sovereign in, again, I put it into the same space that the other half-sovereign was in, but I put it into the front part of that division, three or four inches from the other half-sovereign—I found it in the same place when I went again to the till—I am able to say that when I went to the till two minutes afterwards, I took out the same half-sovereign.

COURT. Q. Did anybody have the curiosity to look at the other half-sovereign that was in the till? A. I did myself—it was a good one.

JAMES BRYSON . I am the father of William Bryson. I received from him a bud half-sovereign on the 9th of April—I gave it to the constable.

THOMAS BROWN (police-constable B 88.) I received this half-sovereign from Mr. Bryson.

THOMAS LEE . I keep the Rochester Arms, Rochester-row, Westminster. On Friday evening, the 11th of April, the prisoners came to my house about a quarter before eight, for a glass of ale, which came to 1 1/2d.—Harman tendered a sovereign in payment—I gave him a half-sovereign, three half-crowns, two shillings, and 4 1/2d.—the half-sovereign I gave him was a good one—while I turned to get the copper, I saw Harman take up the good half-sovereign and replace it with a bad one—Nicholson called him a fool, and put down a sixpence, and said he could pay for the ale without changing—I went round the counter and took them both into custody—I saw Harman swallow a half-sovereign—I held him, and Nicholson collared me by the throat, but I kept them both, and gave them into custody.

MR. JOHN FIELD . These three half-sovereigns are all counterfeit.

EDWARD TRUELOVE (police-sergeant B 13.) I searched Harman—I found on him a good half-sovereign, three good half-crowns, two shillings, and 4 1/2d.



Confined One Year.

12th May 1845
Reference Numbert18450512-1137
VerdictGuilty > unknown

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1137. GEORGE CREDLAND was indicted for unlawfully having counterfeit coin in his possession, with intent to utter them.

WILLIAM CHILD . I am constable of the Tower Liberty. On the 30th of April I saw the prisoner on Tower-hill—for a reason which I had I followed him to George-street—he stopped there, and said, "What do you follow me for?"—I said, "Have you got any bad money about you?"—he said, "No, you can search me if you like," and held out his arms—I searched his pockets, and found nothing—I saw something in his mouth, and said, "What have you got in your mouth?"—he made no more ado, but struck me on each side of the head with his fists, and pretty hard blows—he knew I was an officer—I then made a grab at him, and when I got hold of him he was trying to swallow some pieces, and he had, in my opinion, swallowed some—he then spat three half-crowns into his hand, and threw them over some railings into some waste land belonging to the Woods and Forests—he then threw me down with the back of my head on the curb-stone—it rather stunned me—he jumped upon me, and ran off—I pursued him as well as I could till the policeman stopped him—I went to where he threw the money over the fence, and found three half-crowns and one shilling, about six or seven yards from where he threw them—these are the coins.

JAMES M'INTOSH (police-constable H 20.) I heard the cry of "Stop thief!"—I stopped the prisoner—Child came up, and charged him with smashing and with assaulting him—he was taken to the station, and asked what trade he was—he said, "I don't know, a barber if you like"—he was asked where he lived—he said, "You know all about me, you can find that out"—on the way to the station he said, "Do you think I am a smasher? I work hard for my living in the Docks, as you can see by my hands."

Prisoner. When the officer took me he said, "What is this for?" I said, "I am sure I don't know;" he said, "It is Child, we have more trouble with him than with all the force beside."

MR. JOHN FIELD . This money is all counterfeit, and two of the, half-crowns have been cast in the same mould.

Prisoner's Defence. I never was concerned in anything of the kind; the officer had not the slightest ground for apprehending me; he searched my pockets, but found nothing; he laid hold of me by the collar, and tried to throw me down, and he fell as well as I did; a great many people came round, although not one of them could prove my throwing anything into the waste ground; when I had been at the station half an hour, the beadle brought three half-crowns and a shilling, which he said he found over the hoard in George-street; the only reason for this charge is that I was taken into custody three or four months since, being in a room taking refreshment with two persons who were passing bad money.

COURT to WILLIAM CHILD. Q. What led you to suppose had bad money? A. I know he has been carrying it on for a long time—two boys saw him throw the money away, and saw me pick it up—they were not bound over, but they are here.

Prisoner. There was a boy who came up with a slate; I am told he goes about, and whatever Child says he will swear to.

DENNIS CREMER . I was there on the 30th of April—I saw the prisoner and Mr. Child.

Prisoner. Q. Did Child ask you to come down to the station? A. No—I do not know where Child lives—I have never been to his house, nor he to mine—a man came to me this morning—I have seen Child since you were taken—I have never been in an office with Child before—I was walking along, and Child went and asked you if you had any bad money—you got him against the wall, and struck him on the head.

COURT. Q. What did you see? A. I saw the prisoner and Mr. Child struggling together—he threw Child down on his head, stamped upon him, and jumped upon him, then ran away and turned to the right—Child called "Stop thief!" and ran after him, but he could not run fast—the policeman stopped him and took him to the station—the prisoner threw the money back-handed over the paling—I saw Child go over and get it.

Prisoner. Q. You did not see me throw any money. A. Yes, before you were struggling—Mr. Child said there were three half-crowns shilling, but I think there were more than four pieces went over.

JAMES MINTOSH re-examined. I have inquired and find that the prisoner works at the Dock occasionally, but not regularly.

GUILTY . Aged 28.— Confined One Year.

NEW COURT.—Saturday, May 17th, 1845.

Second Jury, before Mr. Common Sergeant.

12th May 1845
Reference Numbert18450512-1138
VerdictNot Guilty > unknown

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1138. WILLIAM WIGGETT was indicted for stealing four ounces of rhubarb, value 2s.; the goods of the East and West India Company, in a barge, in a certain port of entry and discharge.

ROBERT TAYLOR . I am constable of the East and West India Docks. On the 23rd of April, about ten o'clock, I took the prisoner in the dock, with these pieces of rhubarb in his trowsers pocket—he said he picked them up in the bottom of the barge, and forgot to return them—I believe

they were under the care of the Dock Company—I took him back to the barge, and found one of the chests had been broken open, and the gunny in which the chests are sewn up was torn.

THOMAS WAKELY . On the 23rd of April, I shipped twenty-three cases of rhubarb—they were on the quay at the East and West India Dock—I shipped them perfect—some of the cases had been broken, but the outer package, which was gunny, had been sewn so that nothing could escape.

WILLIAM BALDWIN . I am a labourer. I delivered twenty-one cases covered with gunny into the barge Plummer—my attention was afterwards if called to them—I saw the gunny of one of them open at the side, so that a piece of rhubarb might have dropped out.

Cross-examined by MR. BALLANTINE. Q. Do you not know that that box was broken by yourself or your fellow-labourers? A. No, I did not see the prisoner when I delivered it into the barge—I did not pitch the chests down into the lighter.

JAMES POWELL . On the 23rd of April, about seven o'clock in the morning, I took twenty-one cases of rhubarb into the barge—the cases inside were damaged, but the gunny was safe—there was no bole in any one to allow a piece of rhubarb to drop out.

JOHN SWINSON . I believe the piece of rhubarb produced is the same as this piece produced from the chest.


12th May 1845
Reference Numbert18450512-1139
VerdictNot Guilty > unknown

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1139. JOHN CHITTOCK and WILLIAM CASHFORD were indicted for stealing 50lbs. weight of hay, value 2s. 6d.; the goods of Charles Burrell, the master of Chittock.

JOHN PEGRAM . I live at Lee-bridge, and am bailiff to Mr. Charles Burrell, a farmer—Chittock was in his service. On the 16th of April, I directed him to take a wagon to London—he told me the evening before that the horses had been in the stable, and had eaten up all the hay in the course of the day—I ordered him to take some chaff and com with him to London in the nose-bags, instead of bay—he started at eleven o'clock at night—I have seen some hay since—I believe it to be Mr. Burrell's—it corresponds with his hay—Chittock had no business with it.

Chittock. Q. Do you not know that the lad gave me leave to take the hay? A. No, I do not know it.

COURT. Q. Did you see Chittock at Worship-street? A. Yes, he then said that the lad gave him leave—the lad is apprentice there; but he ought not to give orders about hay or corn, unless I had given orders previously.

WILLIAM SPINK (police-constable N 276.) I was on duty at half-past five o'clock in the morning, on the 16th of April—I saw the wagon loaded with hay coming down Hackney-road, and apparently a truss of hay on the fore ladder—Chittock drew the wagon over to a court called Baxter's Court—it stopped opposite a cow-keeper's yard, where Cashford lives servant—I watched the hay for half an hour, and then saw it taken from the ladder, and carried in the direction of the stable—the prisoners were then both together, and which of them took the hay I am unable to tell—I went round to the fore part of the wagon, and asked Chittock what had become of the truss of hay that was lying on the ladder—he said, "I had no truss"—I said, "You had a truss, and it will be no hard job for me to find it; you both come with me to the stable"—I took them both

to the stable and found it—Chittock begged me to let him have it, and he would take it home to his master—I took it to the prosecutor's.

Cross-examined by MR. BALLANTINE. Q. Did not Chittock say, when you explained that it was not a truss but part of a truss, "I left it till I came for a load of dung?" A. He did not to me—that was his defence at the police station.


12th May 1845
Reference Numbert18450512-1140
VerdictGuilty > unknown; Guilty > unknown

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1140. JOHN FULLER and GEORGE JOHNSON were indicted for stealing 1 handkerchief, value 2s., the goods of Robert Daley, from his person.

ROBERT DALEY . I live in Princes-street, Old Gravel-lane. On the 23rd of April I was on Tower-hill—Child told me me something—I felt and missed my handkerchief—this is it.

WILLIAM CHILD . I am a binder. On the 23rd of April, about three o'clock, I saw the prisoner walk round some persons who were standing on Tower-hill—Johnson tried two or three pockets, and Fuller was walking alongside of him till they came to Daley—then Johnson put his hand into Daley's pocket, took out this handkerchief, and gave it to Fuller—I laid hold of Fuller—he dropped the handkerchief—I said, "This is what I want"—I took it up.

Cross-examined by MR. O'BRIEN. Q. Did you see the handkerchief flung? A. No, it passed from one to the other—it was not flung.



Confined Three Months.

12th May 1845
Reference Numbert18450512-1141
VerdictGuilty > unknown

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1141. MARY DAVIS was indicted for stealing 2 engravings and frames, value 5s., the goods of Joseph Flack, and that she had been before convicted of felony.

MARY CUMMING . I am servant to Mr. Flack, who keeps the Ben Jonson public-house. On the 30th of April, between eleven and twelve o'clock, I went up stairs, and found the prisoner standing behind the room door—I asked what brought her up there, and she handed me one of these pictures—she had these two pictures with her, which are my master's, and had been hanging up in the room in which she was—it was an up-stairs room, and she had no business there.

JOSEPH FLACK . I keep the Ben Jonson—I heard a noise up stairs—I went up and found a frame lying down on its side—the prisoner must have been behind the room door at that time—I heard another noise—I went up again and found her there—these are my pictures—she had no business in the room.

Prisoner. I am very sorry, I hope you will have mercy on me.

GEORGE BANHAM (police-constable B 84.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read—Convicted, 1st Jan., 1844, and confined six months)—the prisoner is the person.

GUILTY . Aged 45.— Transported for Seven Years.

12th May 1845
Reference Numbert18450512-1142
VerdictGuilty > unknown

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1142. ROBSON BOTTERILL was indicted for stealing 85 yards of lawn, value 6l.; and 12 handkerchiefs, 16s.: also 12 handkerchiefs, 16s., the goods of John Boyd and another, his master; to both which he pleaded

GUILTY . Aged 22.— Transported for Seven Years.

12th May 1845
Reference Numbert18450512-1143
VerdictGuilty > with recommendation

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1143. JOSEPH TANNER was indicted for stealing 1 waistcoat, value 8s., the goods of Henry Rule, his master: and that he had been before convicted of felony.

HENRY RULE . I keep a hair-dresser's shop in Eagle-street—the prisoner was in my service—I missed a waistcoat on the 17th of April which I had seen safe five or six weeks before—this now produced is it.

DAVID JONIS . I received this waistcoat in pledge on the 17th of April, in the name of Simmonds—I do not know from whom.

THOMAS WADDAMS . The prisoner came to my shop on the Monday evening after the 17th of April—he was speaking to a person who bad just left Mr. Rule—the prisoner asked if there had been anything said about him, and he said there would be a terrible disturbance when it was found out that a waistcoat was lost—he said he took a satin waistcoat under his coat and pledged it at Mr. Jones's and tore up the ticket.

Prisoner. I had borrowed it of this man. Witness. No, I lent him a very old satin one two months before—it was not this.

WILLIAM LATHAM (police-constable T 45.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read—Convicted 23rd Oct. 1843, and confined one month)—the prisoner is the person.

GUILTY . Aged 17.—Recommended to mercy by the Prosecutor.— Confined

Six Months.

12th May 1845
Reference Numbert18450512-1144
VerdictGuilty > with recommendation

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1144. ROBERT WRIGHT was indicted for embezzlement.

PETER MUMFORD . I am in partnership with Samuel Mumford, of Newcastle-street, Strand—the prisoner was in our service—it was his duty to receive money and pay it the same evening to Mr. Goodman, our principal young man, to Mr. Coleman, or to me—he was to pay one of us three, and no one else—if he received 1l. 10s. on the 7th of Feb., or 1l. 5s. on the 24th of March, or 1l. 0s. 3d. on the 11th of April, he has not paid them to me—when I gave him into custody I charged him with it, and he said he had paid all the three sums, but I do not think he said to whom.

Cross-examined by MR. BALLANTINE. Q. Did he say at the office that he had duly accounted for these sums, and has he said so throughout? A. Yet—he was our carman—I do not think I have received money of him three times in a year—it was the duty of the person who received the money to put it down in a column in this book, which was kept in the counting-house—the prisoner had no access to it—these sums are entered in the book, but it is a forgery—it is not in my writing, and, as far as I can judge, it is not the writing of Goodman or Coleman—it appears to be the prisoner's writing—here is a delivery-book that the prisoner takes out, and any one will see that there cannot be a doubt of this being the prisoner's writing—the sums are placed in this book as an admission of the receipt—the account-book is added up every night, and it has been added up exclusive of these sums—they must have been put in some days after.

COURT. Q. This small delivery-book is the prisoner's handwriting? A. Yes, and this other book is kept in the counting-house—the 1l. 0s. 3d. is not entered in the book—the 1l. 10s. of Mr. Wighton is, and so is the 1l. 5s. of Mr. Byatt, but they are omitted in the casting-up—they are inserted in the small delivery-book, but the 1l. 0s. 3d. of Mr. Clayton's is not.

WILLIAM WIGHTON . I deal with Messrs. Mumford,'s. On the 7th of Feb. I paid the prisoner 1l. 10s. for them—I have the receipt for it.

WILLIAM BYATT . I live in the King's-road, Pimlico—I paid the prisoner 1l. 5s. on the 24th of March—here is the bill, and receipt for it.

GEORGE HENRY CLAYTON . I paid 1l. 0s. 3d. on the 7th of April to M'Pherson, a man the prisoner employed.

PHILIP M'PHERSON . I received this on the 7th of April and paid it to the prisoner for his masters on the 11th of April.

Cross-examined. Q. Did you receive the money in the absence of the prisoner? A. Certainly—I have been in a scrape by having money to pay a bill and not paying it, but the money was made good, and the prosecutor said if I paid the money he would go no further with the case—it was Mr. Woodham, a timber-merchant—very likely you may say it was stealing it—it was given me to pay a bill—it might be 15s., it was not 1l.—I swear I was not charged with stealing as much as 20l.—I have seen this book in the counting-house—I have not looked at it—I have not been alone in the counting-house—I am not a good writer—I can write.

GEORGE GOODMAN . I am clerk to the prosecutors—it was my duty to take money from the servants—I have not received 1l. 10s. from the prisoner on the 7th of Feb., or 1l. 5s. on the 24th of March, or 1l. 0s. 3d. on the 11th of April—this book is generally my writing—I cast up this page in which the 7th of Feb. is—it does not include the 1l. 10s.—the column in which the 24th of March is does not include the 1l. 5s.—the prisoner had an opportunity of getting at this book at different times.

Cross-examined. Q. I think he was out all day? A. Yes, M'Pherson was not in our employ at all—I never received money from him—I have seen him in the counting-house—I cannot say what business he had there—I cannot say what opportunity the prisoner had of getting at this book—he did it in my absence—he had no business in the counting-house but when he came for orders, or in the evening to pay money—Mr. Coleman ought to be there in my absence—I have not found any other deficiencies, and these are all in this year—M'Pherson was hanging about the counting-house in no ostensible employ.

EDWARD COLEMAN . I am in the prosecutor's service—I did not receive 1l. 10s. from the prisoner on the 7th of Feb., nor 1l. 6s. on the 24th of March, nor 1l. 3s. on the 11th of April—these entries in the book are not my writing—I never received any money from M'Pherson—he never brought me any money from the prisoner.

Cross-examined. Q. You have missed these three sums? A. Yes, I have known M'Pherson ever since I have been at the prosecutor's—he is employed occasionally, doing any odd jobs that may be desired, and getting paid for them—the prisoner has been about two years in the employ.

JOSEPH THOMPSON (police-constable T 62.) I took the prisoner—I asked if he had received Mr. Byatt's money; he said, "Yes"—I asked if he had received Mr. Wighton's; he said, "Yes"—I asked what he had done with it; he said, paid it in he supposed—I asked if he had received Mr. Clayton's; he said he had not, and the receipt was not his writing—Mr. Mumford said, "Wright, I can't think how you could be so foolish as to do this; you had a good place with me"—he said he hoped Mr. Mumford would be as lenient as possible, and he said, "Beer has done it"—he did not say that he had given the money to M'Pherson to pay for him.

GUILTY . Aged 25.—Recommended to mercy.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1145
VerdictGuilty > unknown

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1145. WILLIAM ORFORD was indicted for stealing 4 1/2lbs. weight of pork, value 1s. 10d., the goods of James Procter; and that he had been before convicted of felony.

JAMES PROCTER . I am a cheesemonger, and live in St. Marylebone. On the 28th of April, about half-past eight o'clock in the evening, a woman called out that a man had stolen a piece of pork—I missed a piece—I ran out, and found the prisoner running up Bell-street, with this piece of pork, which is mine.

Prisoner's Defence. A man had just before given it to me.

JAMES CLOWLING (police-constable D 156.) I produce a certificate of the prisoner's former conviction which I got at Clerkenwell—(read—Convicted 1st January, 1844, and confined three months)—he is the man, and he had three months besides for assaulting a constable.

GUILTY . Aged 30.— Transported for Seven Years.

12th May 1845
Reference Numbert18450512-1146
VerdictNot Guilty > unknown

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1146. EDWARD PYM was indicted for embezzlement.

RICHARD SULMAN . I live in Upper North-place, Gray's-inn-road. The prisoner was in my service—it was his duty to carry out bread, and to pay the money he received for it when he came home—he did not pay me 14s. 6d. on the 3rd of May, for Mrs. Brooks.

ANN BROOKS . I paid the prisoner 14s. 6d. for his master, on the 3rd of May.

Prisoner. The foreman told me to make haste; I left this woman at the door with the money in one hand and the bill in the other; if she had been an honest woman she would have called me back, and paid me.

Witness. It is no such thing—I had my niece at the door, who saw me pay it—I am quite certain I paid him on that Saturday afternoon 14s. 6d. in silver.

JOHN CALLOW (police-constable G 72.) I took the prisoner—he said it was his writing on the bill, but he had not received the money.

Prisoner. My master told me if I would acknowledge it he would let me off, but I would not acknowledge a theft I never did; there was a man with me who saw me sign the bill and come away without the money.


12th May 1845
Reference Numbert18450512-1147
VerdictGuilty > unknown

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1147. WILLIAM THOMAS SHARPE was indicted for embezzling the sums of 21l. 2s. 6d., 13l., and 8l. 13s. 0d., which he had received on account of Sir William Magnay and another, his masters.

MR. BALLANTINE conducted the Prosecution.

GEORGE THOMAS WOOD . I am foreman to Messrs. Teape and Son, printers, on Tower-hill. My employers dealt with Messrs. Magnays—they were indebted to them 21l. 2s. 6d.—on the 16th of November I paid that by a check to the prisoner, to be paid to the prosecutors—on the 1st of Feb. my employers were indebted to Messrs. Magnays 13l.—I paid that by a check to the prisoner—I have received both the checks back from our bankers, Spooner and Attwoods—these are them.

WILLIAM WATSON . I live in St. Ann's-lane, and am a stationer. I deal with the prosecutors—I paid the prisoner 8l. 13s. on the 12th of April, on account of Messrs. Magnays—I took this receipt of him.

Cross-examined by MR. ALLEN. Q. How long have you been in the habit of doing business with the prisoner? A. I should think twelve or fourteen years—he has not been all that time at Messrs. Magnays—I have

not paid him large sums—my business is not very large—I recognized him as acting as clerk or traveller for Messrs. Magnay—I have dealt with them for some time, and have generally paid what sums were due to them to the prisoner—I should think he has been there about five years—I had an account with Messrs. Magnay—the orders for the goods were obtained by the prisoner—my transactions have been through him or the traveller who called—I gave orders to the traveller, and he would call for the money at a certain time.

MR. BALLANTINE. Q. How long have you dealt with Messrs. Magnay? A. I should think ten years—I did so before the prisoner had the situation—I had always dealt with the travellers—I cannot charge my memory that I have seen Messrs. Magnay at all—I always paid the travellers money on account of Messrs. Magnay.

WILLIAM WING WILSON . I am clerk to Spooner, Attwood, and Co. I gave cash for this check for 21l. 2s. 6d.—I paid it across the counter.

JOHN DAVIES . I am clerk to Spooner and Co. I paid this check for 13l. across the counter, I do not know to whom.

JAMES SELLER . I am in the employ of Sir William Magnay, who has one partner. The prisoner was in their employ as out-door clerk—it was his duty to collect orders and to receive money, which it was his duty to enter in his own book, and pay it over to me the same day that he received it—the book he kept was one in which he ought to enter the goods he sold, and the money he received; and in the evening he would say what monies he had received, and pay them to me—he did not pay me a check for 21l. 2s. 6d., nor the proceeds of it—he did not at any time pay me a check of 13l., nor the proceeds of it—if he had paid me the checks they would have gone through our bankers—these checks have not been through my hands at all—he never paid me 8l. 13s. in cash on account of Mr. Watson—it was his duty to pay checks and money to me.

Cross-examined. Q. What are you, the cashier? A. Yes—it was hit duty to pay it over to me as soon as he received it—that was the rule of the house—it is very likely I might have told him it was his duty to do to—I have no knowledge that Mr. Magnay has done so in my hearing—a month has not intervened between the times of his accounting to me—when I receive money I enter it in a book in which I enter money for the bankers—on Saturday, or any other day, the prisoner comes about five o'clock and pays me, and I enter the sums—he has never brought in large sums which have been collected during several days—this if the cash-book—I enter in this book from whom I receive the money—it agrees with the bankers'-book—I do not put down the prisoners name in this book—I put down the money as received from Mr. Watson, if it was received from him—this book would not tell from whose hands I received it—I sign the prisoner's own book as having received the money—this is it—the whole of this book, I believe, is the prisoner's writing—here is the month of Nov.—here is no entry of 21l. 2s. 6d. on the 16th, the 18th, or the 19th—he enters in this book the goods he sells, and gives credit for the cash he receives—they are entries of orders from different persons, and of cash—here is one entry, "Donnison, by cash, 3l. 7s.," and some others—these are goods sold by him—some of them have a credit entry under them, and some have not—those which have no credit under them would not be paid at the time—if he receives the money he enters it, gives me the money, and I sign this book—the ledger will show all the money I received from him, but the entries are not in his name; it will only indicate

that I received the money from Watson, or from any other customer—the prisoner had no access to the ledger—the ledger and cash-book contain the amounts of all the money I receive from all the clerks—this book of the prisoner's contains my signatures for what money he paid—the largest sum he has paid me is 50l., 60l., 70l., or 80l. for one individual—he never paid any sum in gross, composed of more than one debt—I would not have taken it so—if in the course of his business he received 19s. 6d. he would pay it when he came in at night—he was there every night, and I was there, and this pass-book passed between us every night.

Q. Do you mean to say that he did not do a great deal of business for Sir William Magnay without your knowing anything about it, except receiving the money? A. He certainly did not—he was out-door clerk—he did not write in the street; his duty was performed in the counting-house—he was a person taking orders from any person he could get them from, and receiving the money—that was part of his business—he was a clerk or traveller—the terms to me are both synonymous—I call myself a clerk—if I went collecting orders, as I have done, I should still call myself a clerk—the prisoner used to write in the counting-house.

MR. BALLANTINE. Q. Was it his duty to collect money, and pay it over to you? A. Yes, that was his duty from the first outset, and he hat done so for the last six or seven years—this book contains the entries of goods that he has sold, not that he had delivered, only sold—this book was always in the counting-house, and we saw the goods that he had sold, and sent them out by the porter—no sum of money would appear to these orders—it was his duty to collect the money.

GEORGE MAGNAY, ESQ . I am in partnership with Sir William Magnay. The prisoner was in our service—it was his duty to receive money, and to account for it the day he received it—he had to collect orders in London only, not in the country—there is a country traveller and a town clerk-about two months ago I spoke to the prisoner about 21l. 2s. 6d. due from Teape and Son—I said, "It is very strange that Mr. Teape has not paid his account, being so wealthy a man"—he said, "It will be paid next Saturday"—that had reference to the 21l. 2s. 6d.

Cross-examined. Q. I believe you have been very unfortunate in your servants? A. Yes, a great portion of them have been taken up, and are to be prosecuted on some charge of felony—they were charged before Sir Peter Laurie, and were remanded—in the first instance I charged the prisoner as being one concerned in that felony; in point of fact, with stealing paper—he was remanded at my request, but if he could have found bail they would have taken it—Sir Chapman Marshall, I believe, heard the case first—he admitted him to bail, but he did not find bail, and continued in custody—I think he was not in custody on a charge of felony more than a week, and then we brought this charge—he was remanded on account of the embezzlement—our first charge was that be stole our property, and he was remanded on that charge—we did not at that time make a charge of embezzlement—the second time he was brought up before Sir Peter Laurie, and I am not quite certain whether the charge of larceny was gone into against him—I think that was the time that the charge of embezzlement was made against him—I told Sir Peter Laurie we had charges of embezzlement against him, on which he remanded him at my request—I told Mr. Clarkson we had charges of embezzlement—when we made the charge of embezzlement the charge of larceny was

not abandoned, but we have abandoned it now—he it not now here on a charge of larceny—I think he was taken up about the 18th or 19th of April.

Q. Within a few days afterwards, did he not tender, through his solicitor, all his accounts, and the whole balance? A. Not to me—his friends had got the money, and wanted to make it a debtor and creditor account, but I would not—the money was not produced—they said, "We have got the money, if you will abandon the charge"—I do not know that any account was produced—it was not produced to me—I have seen no account—the money was not tendered—the expression made use of was, "The money is in my pocket, if you like to take it"—I had not then been examined on oath on the charge of embezzlement—I think I was examined on oath to substantiate this charge on the 14th of May, which was a few days after the person told me he had the money—but I had intimated that I should have a charge of embezzlement against him.

MR. BALLANTINE. Q. Is there a person named Dodge, charged with having received some property stolen by your servants? A. Yes, some paper was found on his premises, with the prisoner's handwriting on it—when the money was offered me by a person, I was acquainted with these acts of embezzlement—I had no offer at all before I knew the circumstances which gave rise to this charge of embezzlement—the words used to me were to abandon the charge, and make it a debtor and creditor account.

COURT. Q. Was any tender made on the part of the prisoner, before there was anything said about embezzlement? A. To the best of my belief, not.

MR. ALLEN. Q. Had you, in fact, made any charge, by calling evidence, before the money was tendered, or was it not privately whispered by Mr. Clarkson? A. I believe Mr. Clarkson said he had a case of embezzlement—he said it aloud.

COURT TO MR. SELLERS . Q. Supposing he had received these checks, would it be his duty to change them, and bring you the money? A. Undoubtedly not, he had no business to do it.

GUILTY .— Transported for Seven Years.

12th May 1845
Reference Numbert18450512-1148
VerdictGuilty > pleaded guilty

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1148. JAMES HODGES was indicted for stealing 1 handkerchief, value 2s. 6d.; the goods of Joseph Boston, from his person; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 19.— Transported for Ten Years.

12th May 1845
Reference Numbert18450512-1149
VerdictGuilty > pleaded guilty

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1149. GEORGE JAMES was indicted for embezzling 2l. 3s. 10d., the monies of Augustus Teetgen, his master; to which he pleaded

GUILTY . Aged 41.— Confined Two Months.

12th May 1845
Reference Numbert18450512-1150
VerdictGuilty > unknown

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1150. JAMES DUGGIN was indicted for stealing 1 watch, value 2l. 2s., the goods of David Barry, from his person.

DAVID BARRY . I live in Bell's-buildings, Salisbury-square. At a quarter past twelve o'clock at night, on the 5th of May, I was coming home—the prisoner came up, and asked the nearest way to Leather-lane—I told him—he then laid hold of my watch, took it off, and broke the guard—I laid hold of him, and he handed the watch to the others who were with him—a gentleman came up, and I took the prisoner to Scotland-yard.

Cross-examined by MR. PAYNE. Q. Where was this? A. Near Charing-cross, on the pavement, by the Duke of Northumberland's—I saw no other

persons going along, but those that came to me—I was holding the prisoner—a gentleman came and asked what I was holding him for, and he walked with me to the station—I charged the gentleman on suspicion, but he was a respectable man—the inspector knew him, and he was discharged—I was not the worse for liquor—I had been drinking porter—I had had a glass of gin and water at ten o'clock—I had had my tea at seven o'clock—I had drank nothing else all day—I am a porter.

WILLIAM TROUNCE (police-constable A 53.) I took the prisoner—I found the prosecutor's watch-chain was broken, and hanging down his waistcoat—the prisoner gave his address, No. 28, Little Earl-street—I went there, but no such person was known there.

Cross-examined. Q. Did he say he was passing by, and the prosecutor charged him with stealing his watch? A. Yes—the prosecutor was under the influence of liquor—he could walk straight—I found nothing on the prisoner—I found a Mr. Duggin who the prisoner said was his father, but he had no son.

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

12th May 1845
Reference Numbert18450512-1151
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Transportation

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1151. JAMES KENNEY and PATRICK SOOKIN were indicted for stealing 1 spade, value 1s. 6d.; and 1 jacket, 2s.; the goods of George Cook; and that Kenney had been before convicted of felony; to which

SOOKIN pleaded GUILTY . Aged 17.— Confined One Year.

GEORGE COOK . I live at Highgate. I left a jacket and a spade in an open shed on my master's premises, at Holloway, on the 30th of April—I missed them when I came to work the next morning—these are them.

CHARLES RENHALL (police-constable N 172.) I saw the prisoners at a little before nine o'clock at night, on the 30th of April, in the Lower-road, Islington—Sookin had this spade—I asked where he got it—he said he had been at work for a gentleman—I took them to the station, and found Sookin had got this jacket on—Sookin then said that Kenney could tell where he got the spade—Sookin then said a man in George-yard had sent him for the spade; but I took him there, and the man said he had not, and he did not know him—I discharged the prisoners, as I could not find the owner—I afterwards apprehended them again.

THOMAS SHARWOOD . I produce the jacket, which was pawned with me, by Shepherd.

BENJAMIN SHEPHERD . I saw the prisoners together—Sookin asked me to pawn the jacket, which I did—I came back, and gave Kenny the money.

Kenney's Defence. I met Sookin with the spade; the officer came and took us, and said he would try to get me transported.

CHARLES RENHALL re-examined. I never said such a word—he asked me how Madden, who was tried last Sessions, got on—I said he had seven years—Kenney said, "You will never catch me, for I never carry anything."

JOHN BROWN (police-constable N 180.) I produce a certificate of Kenney's former conviction, which I got at Mr. Clark's office—(read—Convicted 11th Dec., 1843, and confined four months.)

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

12th May 1845
Reference Numbert18450512-1152
VerdictGuilty > with recommendation

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1152. MARY ANN WARD was indicted for stealing 1 1/2 yard of velvet, value 7s., the goods of George Attewill, her master.

CATHERINE ATTEWILL . I am the wife of George Attewill; we live in Shoreditch. The prisoner was in my service—on the 3rd of May I went out for a bit of dinner—I left my velvet in the plush-box—when I came back, she said she had cleaned under the treadles, and the plush-box had fallen down—I said, "Never mind, that is nothing"—I went to work, and found the door of the plush-box had been opened, and my velvet was cut—I said, "I am ruined; my work is cut; do you know anything of it?"—she said, "I do not"—I sent her for my father, who came—he looked at it, and said, "It is no stranger, it is a weaver or a weaveress has cut it"—he went to my master, and he desired him to go for a policeman—when the policeman came the prisoner was going down stairs—I asked her what for—she said, for some water—I went down stairs, and found the velvet in the closet, down stairs, which I followed her into.

GEORGE PAYNE (police-constable H 46.) I went to the prosecutrix's house—the prisoner went down stairs as I went up, and Mrs. Attewill said, "She is the person that has done it"—she went down, and brought the prisoner up, and this velvet—the prisoner said she had torn it off.

GUILTY . Aged 46.—Recommended to mercy by the prosecutrix, who promised to take her back.— Confined Six Days.

12th May 1845
Reference Numbert18450512-1153
VerdictNot Guilty > unknown

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1153. JANE MILBURN was indicted for stealing 1 spoon, value 5s., the goods of Augustus Ironmonger, her master.

AUGUSTUS IRONMONGER . I live at Hornsey. I employed the prisoner as charwoman—I missed a spoon—this is it.

JAMES COOK . I am a pawnbroker. The prisoner brought this spoon to my house—it being broken, and having a crest on it, I gave her into custody.

WILLIAM WEBB . I have known the prisoner twenty-three or twenty-four years—she is not fit to go to service—she is not insane, but is so affected with sick headache, that at times she is not capable of knowing right from wrong.


12th May 1845
Reference Numbert18450512-1154
VerdictGuilty > unknown

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1154. JAMES GAUNTLETT was indicted for stealing 1 clock, value 1l. 10s., the goods of Richard Stephen Waylett.

GEORGE FOLLAND . I am in the employ of Richard Stephen Waylett, a watchmaker, in Oxford-street I was in the shop on the 12th of May, about one o'clock—there was a clock exposed for sale at the door—the prisoner came and took it, and ran off—I overtook him about 100 yards off, with it—this is it.

Prisoner. A man threw it down just before me, and I took it up.

GUILTY .**— Transported for Seven Years.

(The prisoner has been eight times in the House of Correction.)

12th May 1845
Reference Numbert18450512-1155
VerdictGuilty > unknown

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1155. WILLIAM MOXHAM was indicted for stealing 2 chairs, value 3s.; 1 pair of stockings, 1s.; and 1 dutch-oven, 6d.; the goods of Ellen Hudson, his mistress.

ELLEN HUDSON . I am a widow, and live in the Strand. The prisoner was engaged by me—I missed the stockings, oven, and chairs, on the 15th of April—I was walking out on the 29th, by Mrs. Duncan's, who keeps a broker's shop, and I saw my oven and chairs—these are them.

Cross-examined by MR. PAYNE. Q. How long had you known the

prisoner? A. About four months—I gave him 1s. 6d. a week for closing my shop—I found the things in Blackmocr-street, Clare-market—I might have seen the woman at whose house they were, but I had not spoken to her before—I am sure she was no acquaintance of mine.

ANN DUNCAN . I bought these chairs and the oven of the prisoner.

Cross-examined. Q. Had you ever seen him before? A. No—they were sold between the lights in the evening of the 15th of April—Mrs. Hudson asked me to describe the person who sold them, and I did—his impediment in his speech was the principal thing I described him by.

(The prisoner received a good character.)

GUILTY . Aged 22.—Recommended to mercy.— Confined One Month.

12th May 1845
Reference Numbert18450512-1156
VerdictGuilty > unknown

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1156. JAMES WILLIAMS was indicted for stealing 1 purse, value 7d.; 1 sovereign, 6 shillings, 3 sixpences, and 4 groats; the property of John Hunter, from the person of Mary Hunter.

MARY HUNTER . I am the wife of John Hunter, a tailor, in Maddox-street. On the 3rd of May, about two o'clock in the afternoon, I was at a concert at the Hanover-square Rooms—I had in my pocket a handker-chief, a vinaigrette, and a purse with a sovereign atone end, and some silver at the other—it was safe, and when I returned it was gone—this is my purse.

ROBERT WILLIAM OLLIVIER . I am a music-seller, and live in Bond-street. I walked into the Hanover-square Rooms on the 3rd of May, between four and five o'clock, with a friend—the prisoner stooped between my friend and me, and was about to put his hand into my friend's pocket, but he turned, and the prisoner went away—I watched, and saw him try from twenty to thirty pockets, everybody that he could get at—I saw him pass something under a coat to another one who was with him—I went and told Mr. Whall and a private constable, that there were two thieves in the room—the officer took the prisoner, and this purse was found upon him—I caught the other one.

JOHN WHALL . I am the officer. I found another purse on the prisoner, which I cannot find an owner for, as well as the prosecutor's.

GUILTY .**— Transported for Ten Years.

12th May 1845
Reference Numbert18450512-1157
VerdictGuilty > unknown

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1157. ELLEN FITZGERALD was indicted for stealing 1 watch, value 1l. 15s.; 1 watch-chain, 6d.; 2 watch-keys, 1s.; and 1 coin, 3d.; the property of John Anderson, from his person.

JOHN ANDERSON . I am stoker on board a steam-boat. On the morning of the 13th of May I was coming home over Tower-hill, about two o'clock—I was sober—I met an elderly woman, who asked if I was good-natured—I said, "Not to give you beer"—she walked away, and the prisoner came up—I told her to go along, I wanted nothing to do with her—she made a grab, and took my watch out of my pocket—I caught her arm, and she hove herself on the ground—I held her fast—the witness was coming up, and saw her with the watch in her hand—the guard of the watch had been round my neck—she broke that, and the chain also.

Prisoner. He asked me to go a little way with him, and said he would give me half-a-crown; he then gave me his watch till he got change; he threw me down, and because I would not let him take liberties with me he gave me in charge. Witness. I did not give her the watch—she dragged it out of my pocket—I said, "You have got my watch," and seized her

by the arm directly—I did not promise her half-a-crown—she threw herself down.

WILLIAM ROHRS . I live in George-street. I was coming over Tower-hill about two o'clock that morning—I saw the prosecutor had the prisoner down, and called for the help of the police—I said, "What have you lost?"—he said his watch—I said, "It is in her hand"—I took it out of the prisoner's hand—the officer came and took it from me.

(The prisoner received a good character, and a witness engaged to take her till she got a situation.)

GUILTY . Aged 27.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1158
VerdictGuilty > with recommendation

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1158. HENRY HOLDSWORTH was indicted for stealing 1/2 an ounce and 13 grains weight of silver, value 2s. 6d.; and 32 grains weight of gold, 4s. 6d.; the goods of William Fielder, his master.

WILLIAM FIELDER . I am a watch-case maker, and live in Gloucester-street, Clerkenwell—the prisoner was in my service, and bad opportunity of taking my silver and gold—I believe this silver that is produced is mine—he had no authority to take it.

JOHN HEARN . I live in Jerusalem-passage. On Wednesday night, the 7th of May, between eight and nine o'clock, the prisoner brought this silver to my shop—I stopped him—he said his name was Trumper, and his father lived in Compton-street—I sent a boy there with him, and in consequence of what transpired the boy gave him to the policeman.

JAMES FRY (police-constable G 93.) I took the prisoner in charges—he told me he was a carpenter.

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

12th May 1845
Reference Numbert18450512-1159
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceTransportation; Imprisonment

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1159. RICHARD MORTIMER and GEORGE MORTIMER were indicted for a robbery on George Wright, on the 7th of May, putting him in fear, and stealing from his person, and against his will, 1 pair of boots, value 12s., the goods of John Collins; and that Richard Mortimer bad been before convicted of felony; to which

RICHARD MORTIMER pleaded GUILTY . Aged 19.— Transported for Ten Years.

GEORGE WRIGHT . I live in Boulevard-court, Strand, and am in the employ of Mr. John Collins. On the 7th of May, about nine o'clock at night, I was near Hyde Park, in Knightsbridge. I had a pair of boots of my master's—I was asking a respectable young woman my way to Chelsea—the prisoners came up to me, and said they would show me—they walked me about for two hours, till they got to the Willow-walk, and then George Mortimer held me while Richard took the boots from me, and ran away—I then asked George Mortimer to show me the way home, and we had only just turned out of the fields when we met a policeman, and I gave him in charge—I did not know either of the prisoners before—I am ten years old—these are the boots.

JOHN FRYER (police-constable P 31.) Wright gave me George Mortimer in charge—he said, George did not take die boots from him, but one that was with him did, and George said it was his brother—I took Wright with me, and went to a house—I found Richard Mortimer sitting on the bed in the back kitchen, and these boots were under the bed where he sat.

(George Mortimer received a good character.)

G. MORTIMER— GUILTY . Aged 18.— Confined Three Months.

12th May 1845
Reference Numbert18450512-1160
VerdictNot Guilty > unknown

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1160. MARTHA EVANSL was indicted for stealing 1 shawl, value 2l. 10s.; 1 umbrella, 9s.; 1 collar, 6d.; 1 bonnet, 1s.; and 1 apron, 4d.; the goods of Lydia Perry, her mistress.

LYDIA PERRY . I live in Lisson-grove—the prisoner was in my service. On the 27th of April I found some duplicates between her bed and the sacking—she had then left me—I went with the policeman to her lodging in Park-street, and found this umbrella, which is mine, and these other things.

Prisoner. I gave her 1s. for the umbrella soon after I went to her service. Witness. It is false—I did not sell it her—this bonnet was mine, but I gave it to my sister.

JAMES PORTER (police-constable D 55.) I found the bonnet, the collar, and the apron at No. 69, Park-street—the shawl has not been found—the prosecutrix found the umbrella.


12th May 1845
Reference Numbert18450512-1161
VerdictNot Guilty > unknown

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1161. MARTHA EVANS was again indicted for stealing 1 shirt, value 1s.; and 1 sheet, 1s.; the goods of Lydia Perry, her mistress.

LYDIA PERRY . I found the duplicates of this shirt and sheet under the bed—the sheet is mine, and the shirt was in my care—I had made it for my lodger.

Prisoner. I was in the habit of pledging things in my mistress's name.

Witness. Yes, but not these articles.

THOMAS AYRES . I am a pawnbroker. I produce this sheet, which was pawned with me, but I do not know by whom—this is the duplicate that was given for it.

GEORGE WAREHAM . I am a pawnbroker. I took in this shirt, but I do not know of whom—I gave this duplicate for it.

Prisoner. I was ordered to pledge things, and knowing she was not a prudent character, I gave her notice to leave.


12th May 1845
Reference Numbert18450512-1162
VerdictGuilty > unknown

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1162. SOPHIA BEVAN was indicted for stealing 1 pillow, value 4s.; 2 blankets, 8s.; 1 umbrella, 3s. 6d.; 1 flat-iron, 1s.; and 1 petticoat, 1s. 6d.; the goods of Mary Ann Bird, her mistress.

MARY ANN BIRD . I live in Duke's-row, New-road. The prisoner was in my service, and left on Friday week without notice—I missed one blanket the night before, and taxed her with it—she said I should have it the next day—I afterwards missed these other articles—they are mine.

WILLIAM FRANCIS BEZANT . I am a pawnbroker. This pillow and petticoat were pawned by the prisoner.

Prisoner. They were pawned before, for my mistress—I pawned a dress of my own.

MARY ANN BIRD re-examined. I have sent her to pawn things, but I always sent a note—I did not authorize her to take any things—she had not a dress fit to pawn.

GUILTY . Aged 53.— Confined Three Months.

NEW COURT.—Monday, May 19th, 1845.

Fifth Jury, before Mr. Common Sergeant.

12th May 1845
Reference Numbert18450512-1163
VerdictsGuilty > unknown; Not Guilty > unknown; Guilty > unknown
SentencesTransportation; No Punishment > sentence respited

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1163. JOHN ELL and HENRY CORDUROY were indicted for stealing, on the 18th of April, 7 reams of paper, value 6l. 7s., the goods of Sir William Magnay and another; and JOHN DODGE for feloniously receiving the same, well knowing it to have been stolen.

MESSRS. BODKIN, CLARKSOK, and BALLANTINE conducted the Prosecution.

MICHAEL HAYDON (City police-constable C 422.) I received directions to watch the premises of Messrs. Magnay, and on the 18th of April I saw one of their wagons at their warehouse about two o'clock—it remained there about half an hour before it left—I then saw it drive off—Corduroy accompanied it as wagoner—I saw him driving it, he was by the side of the horses—I did not see Ell at the warehouse—I followed the wagon to the Stationery-office in James-street, Buckingham-gate—I did not see anything delivered, as the wagon went up a gateway—I saw it return, and it was driven to the Coach and Horses public-house in York-street—Corduroy went in there—whilst he was in there£Ell drove up in a cab—he got out and went into the public-house—I did not see him come out again, but I saw Corduroy come out in about a quarter of an hour—he then took the wagon to the Duke of Ormond's Head public-house in Princes-street—Corduroy went in there, and stopped about a quarter of an hour—he then came out in company with Ell—the wagon then went on towards Storey's-gate—Ell and Corduroy accompanied it, walking—when they got near to Storey's-gate, I saw the tilt of the wagon move, and Ell got in—it was an ordinary wagon-tilt—a person inside would not be perceived by persons outside while the tilt was over it—Ell's hat came off as he was getting in—Corduroy stopped the wagon, and Ell got his hat again—the wagon then went on to a beer-shop at Lambeth, and stopped at the door, and Ell got out—he and Corduroy went into the beer-shop—I saw them come out—the wagon then went on, and Ell and Corduroy accompanied it—it stopped at the corner of the Waterloo-road—I then saw Corduroy unfasten the tail-board of the wagon—(before he did that, he and Ell stood talking together for about two minutes)—he took out of it two bundles in brown paper wrappers, and placed them at the door of a shop which is a receiving-house for the London Parcels Delivery Company—Ell was by him to see what he did—Ell then carried the parcels into the shop, and Corduroy drove on with the wagon—Ell remained in the shop four or five minutes—he then left, but I cannot tell which way he went—I then went into the shop and saw the parcels which had been taken from the wagon—they have since been examined and found to contain each three reams of paper—they were addressed to "Mr. Dodge, No. 25, Ashley-terrace, City-road"—I cut off one of the directions—(this is it)—I made a communication to Messrs. Magnay on the subject—I then went with the inspector to the receiving-house—I made a communication to the persons there, and brought away the parcels—between eight and nine o'clock the same evening I went, by desire of my inspector, dressed as a porter, and took the two parcels to Dodge's house—I knocked at the door—Dodge came—I said I had two parcels for Mr. Dodge—he said "My name is Dodge; it is all right"—he then took the parcels off my shoulder and put them down in the passage—I asked him if he

would have the kindness to give me a receipt for them—he said, "Did Ell tell you to ask for a receipt"—I had not at that time mentioned Ell's name—I said, "No, he did not, but I should be better pleased if you would give me one"—he then said, "Did Ell pay you?"—I said, "No, he has not, sir"—he said, "Then I will give you 1s.; you can tell Ell that I have paid you, and that will be as good as an acknowledgment for the receipt of the paper"—he gave me 1s., and offered me some gin—I then left, and joined Mr. Magnay and Mr. Todhunter, who were waiting some yards from the house—I returned with them, and took Dodge into custody—I told him I was an officer, and took the paper which I had already delivered—I afterwards took Ell in custody—I found a portion of a card in his pocket, which I produce, also another half of a card which I got from Gibbs at the receiving-house—when I was following the wagon I was in plain clothes—I had seen the wagon loaded at Messrs. Magnay's with the bulk of the paper—it was in open reams, that is, the sides of the paper were open—the paper that went to Dodge's was covered altogether.

Cross-examined by MR. DOANE. Q. You were about half an hour at Messrs. Magnay's? A. Yes—there were two public-houses and a beer-shop that the wagon stopped at—the first public-house was the Coach and Horses, and the other was the Duke of Ormond's Head—I did cot see Ell go in at the Duke of Ormond's Head, but I saw him come out—the Stationery-office is inclosed with a wall and gates—I saw the wagon drive into the yard—what happened there I do not know.

Cross-examined by MR. PRENDERGAST. Q. Did Ell get into the wagon at Messrs. Magnay's? A. He did not—the first time I saw him he was getting out of a cab near the door of the Coach and Horses—the Stationery-office is not surrounded by a wall, but there is a wall at one part of it, the part nearest to York-street—the Coach and Horses is in York-street—I have been employed in London, but not in carrying out parcels—I have been in the police four years, and before that I was a gentleman's servant—I stood about two hundred yards from Messrs. Magnay's warehouse—I was not out of sight of it—I stood near the end of Garlick-hill, and Messrs. Magnay's is at College-hill—Corduroy was with his horses.

Cross-examined by MR. WILKINS. Q. At whose request did you watch? A. At the request of Sir William and Mr. George Magnay—it was by direction of my inspector that I dressed myself like a porter, to go and carry the paper, it was in Mr. Magnay's presence—I went back, accompanied by the inspector, Mr. Todhunter, to get the paper at the receiving-house, and I took it to Messrs. Magnay's, in Maiden-lane, which is one entrance to their warehouse—I deposited it in a room on the ground floor—I put it on a table, to the best of my recollection, and it remained there five or ten minutes—I then took it with me to Dodge's—Mr. George Magnay and Mr. Todhunter went with me—I carried it a short distance—it was then put on the foot-board of a cab—I rode outside the cab, and Mr. George Magnay and Mr. Todhunter got inside—we went to Dodge's—I got off before I got to Dodge's—the paper was on the foot-board—the cab man assisted me to take it off—Mr. Magnay and Mr. Todhunter staid at some distance while I went to Dodge's house—all this time I had a jacket and an apron on—no one has paid me yet—I cannot tell that I look to anybody to pay me—what I did was in pursuance of my duty—I should not be at all surprised if Sir William Magnay paid me—I fetched

Mr. Magnay to Dodge's—I was in the house the whole time Mr. Magnay was there—I cannot say whether Dodge answered every question that was put to him truly—he was with Mr. Magnay by himself—I heard tome part of the conversation, but not all—he offered to bring a light to Mr. Magnay to show him over his premises—he said he had sent about four or five reams of the paper the day before to Mr. Yarranton, which was found to be correct—he said he had no idea that he had done anything wrong.

GEORGE MAGNAY, ESQ . I am the brother of Sir William Magnay, and am in partnership with him in the house in College-hill—we supply her Majesty's Stationery-office with paper—we never permit any persons in our employ to have any perquisites, or to dispose of any outside paper, or outside covering, or wrappers—in consequence of what I observed relative to our stock, I employed the police to watdh our servants—on the 11th of April Haydon brought me this direction, which is Ell's writing—(read)—"Mr. Dodge, No. 25, Ashley-terraoe, City-road"—I was afterwards shown another address on another paper, which was in the same handwriting—there were two parcels of paper brought to our place by Haydon—this is one of them, and on the wrapper of it is u Mr. Dodge, No. 25, Ashley-terrace, City-road"—there were about six iearns of paper in the two parcels—they are worth about six guineas'—that is what we should sell them for if we sold them—it is called blue-wove double foolscap—to the best of my belief it has not been sold—it is paper we do not generally sell in the trade, it is made expressly for Government—in consequence of this paper being shown to me, I went with the officer to Dodge's house, about half-past eight o'clock in the evening—the officer was dressed as a porter—he took the paper there—when I got there I found Dodge there, and the paper which had been delivered by the officer—on my going in I asked if Mr. Dodge was at home—he said, "What is your pleasure, Sir?"—I said, "Is your name Dodge?"—he said, "Yes, Sir"—I said, "I give you into custody for receiving stolen property; this paper is mine; where did you get it from?"—he said, "I bought it of John Ell"—I said, "What did you give for it?"—he said, "10s. per ream"I said, "You know you must have been doing wrong in buying that paper for 10s."—he said, "If I have done wrong I am a ruined man; what shall I do! I will confess all"—I said, "Whatever you say will go in evidence against you"—he said, "My wife advised me to have no transaction with Nicholson, for it would be the ruin of me if I did," or words to that effect—we then took the paper into his front room, and retired to his work-shop, which is the back room—he is a working book binder—it is a private house—I there examined his stock—we found on the counter three more reams of the same sort of paper, blue-wove double foolscap—I said, "Here is some more of my paper"—he said, "I received that from John Ell yesterday, and likewise five reams more that I have sent to Mr. Yarranton, the ruler"—I searched further and found several reams of yellow-wove double foolscap, ruled—I said, "This is also mine; how came you to have it ruled?"—it is not customary to rule printing paper in this way—on looking further I found a considerable quantity of books made from the same yellow-wove foolscap paper that was ruled, on the counter—it is not usual for printing paper to be ruled in that way for books, as it is a paper that has no size in it, and the ink sinks—it is expressly prepared for printing—I looked further and found a considerable quantity of wrappers, some under one counter and some under another, under other paper, and, on looking at

the wrappers, I found the direction "Mr. Dodge, 25, Ashley-terrace, City-road, by the Parcels Delivery Company," in John Ell's handwriting—after I found these, Dodge's remark was, "What shall I do? I bought the paper of Ell"—when he said he had no idea he was doing wrong, I said, "You must know you were doing wrong; you could not have bought this paper, 26lbs., (which was the weight of it) for 10s.; that is not 6d. a pound: it ought to have been from 9 1/2d. to 10d."—he said, "I bought a ream of paper of Mr. Evans, in Budge-row, for 7s. 6d."—I said, "What was the weight of that?"—he said, "14lbs."—I said, "Surely you cannot compare this with what you bought at 7s. 6d.; you have been a long time in the trade, and ought to have known better; show me your invoices."—but on searching I cottld not find any, neither could he show me any—he said, "I have got none"—he then said, "I shall be ruined, I have respectable connexions who were going to put me into business; my sister promised me assistance as well as a friend; I have first-rate characters from the Bank of England; what shall I do? I will confess all"—I said, "Whatever you confess will go against you"—he said, "Shall I be locked up to-night"—I said, "Yes, you will be locked up, but I will speak to the officer to get you a comfortable cell"—he said, "Will you prosecute me?"—I said, "I will"—he was then taken to the station—he made use of these sort of expressions frequently—Ell was under-warehouseman in our establishment—he was acquainted with the regulations of our house as to the Stationery-office and the mode of supply for it, as to inspection-notes, and so on—an inspection-note and receipt-note are the same thing, except that one is kept and the other is returned to us—the receipt-note is the acknowledgment from the office that the quantity of paper purporting to have been delivered has been received—at the Stationery-office, on their receipt of the paper, they give the receipt-note back and retain the inspection-note, and give us an accepted notice.

Q. Was it Ell's business or not to see the wagon loaded? A. The clerk gave Ell instruction to load the wagon with a certain quantity of paper—it was Ell's business, with the assistance of the porters and wagoner, to put that in the wagon, and nothing but what he was desired to put in, no more—it was within the scope of Ell's duty occasionally to go to the Stationery-office, either with or without the wagon—it would excite no suspicion for him to go to the Stationery-office, but I am not aware of any business that he had which would take him to a public-house in York-street, or elsewhere, and most decidedly not to the Parcels Delivery Company-Dodge was not a customer of ours—I did not know him at all—when I had given him in charge the officer addressed me as Mr. Magnay—up to that time I am not aware that Dodge knew who I was—the officer named me first.

Cross-examined by MR. DOANE. Q. Dodge was not a customer of yours? A. No; Ell has occasionally bought a ream or two of paper for his friends in the country—he has not bought as much as 18l. worth at a time to my knowledge—I have looked through our sales for the last twelve months, and he has not—I have no knowledge of his buying as much as 18l. worth—nor 15l. nor 13l. worth, to my knowledge—I am not the warehouse-clerk—he may have bought it of the warehouse-clerk and I not know it.

Q. Now, about these wrappers and waste paper, you sell them occasionally? A. We sell waste paper and brown paper—the wrappers are not sold to my knowledge—I have given orders for them never to be sold

—the brown paper wrappers, that is what comes round the paper, are sold, some hundreds weight at a time.

Cross-examined by MR. PRENDERGAST. Q. Do you know much of Corduroy? A. He was in our service—he can write his name I believe—I have seen him, and he can read a direction—I do not know whether he can read anything else—I have seen him look at a direction and say, "I know where to go"—I cannot say whether he can make out the Lord's prayer—a direction is not the easiest thing in the world to make out—whether he can read print or not I do not know, but he can make out a direction—I will not say that he can read anything in the shape of a direction, but if he had a direction to go to two or three places he would be able to make it oat—that arises from his going to the same places so often—I was not there when the wagon was loaded—it is Corduroy's business to load the wagon—he receives the paper and puts it in the wagon—when the wagon is to be loaded it is his place to get into the wagon and receive the paper as it it given him from the warehouse.

Cross-examined by MR. WILKINS. Q. You told my friend, just now, that six reams of paper were worth six guineas; now I do not wish to pry into your business, but will you swear that you get anything like six guineas for it? A. For that description of paper—for the blue paper we get very nearly a guinea a ream, and for the yellow, nearly 17s.—we have four clerks in our warehouse—I believe they all sell—I take the out-door department—when I am at home I have to do with sales effected at home in the warehouse—I am about half my time out and half at home.

Q. You said Dodge said, "I will confess all;" were not the words he used, "I will tell you all that I know about it?" A. To the best of my belief he said, "I will confess all"—I had as vivid a recollection of what he said when I was first examined as I have now—he said, "If I have done wrong I am a ruined man; I will tell you all I know about it, and will confess all"—he said he had got five reams at Yarranton's—I have never said it was four reams, to my knowledge—I am sufficiently positive to swear that he said five, and five were found at Yarranton's—I have always said no—I told him, in the first instance, without any inquiry, that he had been committing a felony—I believe this yellow-wove double foolscap paper is ours—it is precisely similar to some we have a great quantity of, and he said he bought it of John Ell—it is a peculiar make—it is made for printing, and of a description and quality that we have had an immense quantity of—it is very stout for double foolscap—I do not believe there are thousands of reams of this weight in London—it is not often made so heavy—this is the paper that I say it is unusual to rule—Dodge offered to bring a light to show us over his house—it was the officer he offered the light to, and the officer went over the house—he brought the light—he did not offer it to me—it was a light out of the back room—he said to the officer, "Here is a light, I will go with you, and show you over the house"—he pointed out some;' books to me himself.

Q. Did he not tell you he had purchased the paper of which those books were made? A. He only mentioned having bought some paper of John Ell—he directed my attention to some books—I was looking over his place, and I think I had seen the books before he mentioned them—I am not aware whether I had said anything about them before he mentioned them to me—I will not swear that I had.

Q. By what do you identify any part of the paper that has been produced; what enables you to say any part of it is yours? A. It is a paper

exactly similar to paper that was in the warehouse when this paper was found—we had a great quantity of it in the warehouse of the same make—we send to the Stationery-office, perhaps 250 reams in a fortnight, sometimes 500—we do not generally sell that description of paper to other parties—we do not in the course of a year sell a considerable quantity of it, except to the Office—we may have sold a few reams, ten or twenty reams—we have not sold more—to the best of my belief we have not sold more than twenty reams of it in a year.

MR. PRENDERGAST. Q. Is it usual, if a parcel is to be delivered in the same road as the Stationery-office, to send it with the Stationery things? A. Sometimes, but not generally, and on that day there was nothing sent—I gave the clerk instructions not to send anything.

MR. CLARKSON. Q. Did Corduroy know enough of your business to know that nothing was to go out without an invoice, or a note from some one of the clerks? A. Yes—he has been in the service of the family ever since he was thirteen years old—he has been in our service with the wagon and other servitude, for twenty-six years, I think—he knew that it was the practice of our trade, not to send out any goods without an invoice, or note from some clerk of the establishment—a note or invoice would, in due course of business, have been delivered to him, to deliver with the goods—we have missed a great quantity of the blue-wove fools-cap, as well as the yellow-wove foolscap—we sell to Government by contract, and on competition with other wholesale persons in the trade—perhapi twenty different contracts go in, and generally to the extent of 100,000 reams—I told Dodge he had committed a felony, before I entered into conversation with him—I had seen the officer go to his house, and seen the direction on the paper—Ell never purchased any of this blue double-wove foolscap of us, nor printing paper of any kind.

JOSEPH TODHUNTER . I am inspector of the City police. Inconsequence of some communication from Messrs. Magnay, I gave directions to Haydon—he was acting under my directions some time before this occurred—on the 18th of April I accompanied Mr. Magnay and Haydon with the two parcels of paper, to the neighbourhood of Ashley-terrace—Haydon was directed to take the two parcels of paper to Dodge's house—he then returned to us—Mr. Magnay and myself went to Dodge's house—we were at the door together, I cannot say whether he or I went in first—after we had been there some little time, I was in the back parlour with Dodge—Mr. Magnay had left the room, and I believe was in the front parlour—Dodge said, "This is a bad job, I am afraid my character is lost; do you think I can do anything with Mr. Magnay?"—I said, "I do not know, you may try if you like"—I had not mentioned the name of Mr. Magnay to him before he made that observation—he had before that been in conversation with Mr. Magnay—before that, something was said about his having bought paper at a sale, and a catalogue was handed to me—I handed the catalogue to Haydon—I did not notice what sale it was—I asked Dodge if he had any invoice of the goods we found there—he said no, he had not—he did not point to any paper, or speak of any particular paper when he spoke of a sale—he said he had bought paper at a sale, and he had a catalogue.

Cross-examined by MR. WILKINS. Q. Have you got his account-books here? A. Yes.

MICHAEL HAYDON re-examined. I have not got the catalogue here—he made no reference to any paper we brought away with reference to that catalogue.

JAMES GEORGE ALEXANDER DIGGINS . I am an examiner of paper at her Majesty's Stationery-office. Messrs. Magnay supply us with paper—it is my duty to count the paper at the time it is delivered, and examine it afterwards—on the 18th of April we received 160 reams of paper from Messrs. Magnay's—I believe Corduroy was the person who brought it—I counted the paper, and put my initials to it, and then handed over a note to the person who brought it—this is the note I handed to Corduroy on that occasion—I was present during the whole time the wagon was there—Corduroy did not receive any paper of any kind from me, or in my presence.

Cross-examined by MR. PRENDERGAST. Q. There was no deficiency of paper in the Stationery-office? A. Not that I am aware of—I judge from the appearance of the parcels, whether they are what they ought to be—the paper is all in reams, and my own experience is generally sufficient to know if the quantity is there—I do not know whether Ell was there that day—he generally goes on those occasions, and I mostly speak to him, if I speak to any one.

Cross-examined by MR. WILKINS. Q. Are you a judge of paper? A. Yes—this is a common quality of paper.

MR. BALLANTINE Q. Is it for writing or printing on? A. Not for writing on at all, for printing—it is such as account-books would be made of—it is a common quality of paper for writing on—I could not say whether it is a paper we use or not.

WILLIAM JOSEPH WICKWAR . I am a clerk in the house of Sir William Magnay and Co. I produce the note which I prepared on the 18th of April, before these goods were delivered—I prepared this inspection-note at the same time, which was returned to me with the initials of Mr. Diggins on it—it was brought to the counting-house by Corduroy—I gave instructions to Corduroy, on the 18th of April, to go to the Stationery-office—Ell was in the warehouse—it was bis duty to load the paper—he prepared it, and loaded it, and Corduroy received it into the wagon—I saw Ell there—it would be his duty to sort out the paper, and put it into the wagon—I saw him at work at the paper—he would have no authority to put anything into the wagon, except that for which I had given him directions in writing, or some other document—he knew that that was the custom of the house—he has been in the employ more than twenty years—Corduroy took the receipt-note to the place where the goods were delivered, and it was his duty to bring it back from the office—Ell occasionally accompanied the wagon to the Stationery-office—he is sent to assist in unloading it—if there were not a wagon load of goods going to the Stationery-office, and we had any other orders to execute, they would never be sent without a receipt-note or an invoice—Ell and Corduroy knew that perfectly well, from the periods they had been in the establishment—I was not aware that any paper had been put into the wagon, nor did I authorize either of them, or direct any other person to put any other paper into the wagon that morning except that going to the Stationery-office—I had received instructions from Sir William Magnay with reference to what was put into the wagon that morning, as to my watchfulness and care of it—I did not give directions to anybody to put more or less into it than what was to go to the Stationery-office—it was to have that, and that only—I gave that direction to Ell, to load the wagon with the double fools-cap—the wagon is drawn up opposite a window to be loaded—there is a

sliding-board to extend from the warehouse to the wagon, and the paper is pushed down the board—I do not know what was the position of the officer that morning—supposing he stopped at Garlick-hill, he would not be able to see Ell if he were in the warehouse.

Cross-examined by MR. DOANE. Q. Did you superintend the loading of the wagon? A. No—I saw Ell working at the counter, assisting in loading it—I will not swear that I saw him put any of it into the wagon—I gave him directions what paper was to go, and saw him working at the counter—the wagon was loaded after he came from dinner—he was absent from the warehouse, and back again, while they were loading the wagon—no doubt there were porters assisting in loading it—I have, from time to time, sold paper to Ell—not some hundred weight at a time—not 18l. worth—I have sold him ten guineas' worth at a time, and 13l. worth at a time, and on other occasions small amounts.

Cross-examined by MR. PRENDEROAST. Q. Did you see the wagon at the place? A. Yes—I cannot tell whether Corduroy went to his dinner at that time—I cannot swear that the wagon was partly loaded when he went to his dinnerand returned—he had his dinner before he went with the wagon—I cannot tell whether he went to dinner when the wagon was partly loaded—I saw Ell preparing the paper, and superintending the loading of the wagon—Corduroy's place was in the wagon—he might have been gone to his dinner—I do not know that he was gone to his dinner while the wagon was loading—I cannot swear whether he was away while the wagon was loading—I cannot remember whether he was away part of the time while it was loading—I do not recollect whether I saw bim put his hand to any parcel at all—the delivery notes have occasionally been given to Ell—he frequently went to the Stationery-office—not generally—there was no rule about it—if he was ordered to go he went, sometimes two or three days running—on this occasion he was told to go to the Stationery-office—I do not know that he went in a cab—he was told to go, before the wagon was loaded—I was present when the wagon left the premises—I did not see Ell in it—it was not necessary for him to go with the wagon, but he went afterwards—that was frequently the case—we have, besides the wagon, a cart, that takes paper to the stationers' shops, and to the consumers—we serve wholesale and retail dealers, and we have a cart that carries the various things to different places—a man named Hall has the care of that cart—the smaller parcels would go by this cart under the care of Hall generally—I used generally to superintend the loading of the cart—I do not generally superintend the loading of the wagon—if I had occasion to load the cart I should have given instructions to Ell if he were there, but if the porters were there, I generally used to tell them—I told either Ell or a porter—if a parcel were to be sent out of the rounds of the cart I would not send it by the wagon—if I wished to send a parcel eight or ten miles out of the rounds of the cart it would be sent by a carrier—I believe the Parcels Delivery Company are great carriers.

MR. CLARKSON. Q. Did you give directions to anybody, either the Parcels Delivery Company, or carrier, to carry any goods on the 18th of April, by means of the New-cut, to Mr. Dodge, in Ashley-terrace? A. I did not—I did not give any directions to Ell to do so—if I had had anything to send to Ashley-terrace, I should not have sent it by the way of Lambeth—Ell was desired that day to go to the Stationery-office—he was not desired to go to the Coach and Horses, or any such place as that, or anywhere

else, except to the Stationery-office—I have here a memorandum of the paper I sold to Ell—"On the 22nd of Feb., 1845, two reams of thick post, and one ream of yellow foolscap"—he said he wanted it for the school-master where his boy went to school in the country, a little way out of town on the 20th of Nov. I sold him one ream of thick post, and one ream of yellow foolscap, amounting to 27s. the two—I sold him to the amount of 10l. eight or nine years ago—I have sold him various little quantities, principally writing paper, but never any blue wove.

ALEXANDER GEDDES . I am in the service of Mr. Ash brook, who keeps an oil-shop in the'New-cut, Lambeth, and a receiving-house for the Parcels Delivery Company—I remember the officer coming there on the 18th of April—there were two parcels there, which had not been there five minutes—they had been brought by the prisoner Ell—there was a wagon outside—the addresses were on the parcels which have been produced to-day,—the name of Dodge was on them—Ell brought the parcels somewhere about four o'clock in the afternoon—he wanted to know what time they would be delivered—I told him it was too late for them to be sent that afternoon, they would be delivered in the morning—he wanted to know how he could get them back if that would not do—I tore one of my employer's cards in half, gave him one of the halves, and told him any person producing that might have them back, if that would not do, if not, they would go in the morning—these are the two halves of the card.

MICHAEL HAYDON re-examined. One half of this card I got from Geddes, and the other half I found in Ell's pocket.

THOMAS HOGG . I keep the Coach and Horses, in York-street, Westminster, about a hundred yards or more from the Stationery-office—I know Ell and Corduroy—they were at my bouse on the afternoon of the 18th of April—I had seen them before that—they had been in the habit of coming backwards and forwards to my bouse for many yean—I do not know how long they were at my house on the 18th of April—I was not there all the time—perhaps I saw them for five minutes—they had something, but I do not know what—I did not serve them.

Cross-examined by MR. DOANE. Q. Used the clerks in the Stationery-office to come there? A. Not the clerks, but I have seen some of the persons there—my house is handy.

Cross-examined by MR. PRENDERGAST. Q. Is it not usual when the men come to the Stationery-office for them to come to your house? A. Not to my house—I have frequently seen them come to bave something to drink—it is not a common practice—they have come to my house on many occasions, not only Magnay's people, but the persons who assist in the Stationery-office.

MR. PRENDERGAST to W.J. WICKWAR. Q. I believe when the wagon goes there is an allowance made to the men there? A. 1s. 6d. is given for drink.

WILLIAM GODFREY . I am a jobbing-porter, near the foot of Southwark-bridge—I have been employed by Ell on different occasions—I have been to Mr. Dodge, in Ashley-terrace, with letters from Ell, three or four different times—Ell used to pay me for going about 8d. a time—the last time I went was on a Friday, and I think it was the 18th of April—it was with a note from Ell—I took it between ten and eleven o'clock—Dodge read Ell's note, and said, "Two o'clock"—I told Ell two o'clock.

Cross-examined by MR. DOANE. Q. When did you first give an account of this to anybody? A. I do not know—I mentioned it last Wednesday

to the attorney, Mr. Hobler—that was the first time I told him of it—I have never been before the Magistrate—I have been a jobbing-porter for twelve months—I have been in regular employ, but not latterly—I was in the City police about four years ago—I was obliged to resign, because I got a drop too much—I have been in no regular employ since—this was on a Friday, and I think it was on the 18th of April—Messrs. Magnays have not been talking to me about the 18th—I will not swear that the officer or Mr. Ilobler did not.

Cross-examined by MR. WILKINS. Q. What did you do when you got a drop too much? A. I went to sleep on a step up a court in the Old Jewry—that was the only offence forwhich I was dismissed—there was no other charge brought against me—I have not applied for any regular employ since—I have been employed as a porter, about Southwark-bridge—Mr. George Magnay was the person who first came to me about this matter—I heard that he was inquiring for me, and I went to him at his house, but I had seen him in Thames-street before I went to his house—I believe I spoke to him first—I knew it was him, because I had seen him before in the street, going in and out of his house at the corner of College-hill—I knew him as I know anybody else—I had been told it was Mr. Magnay a long time ago, and I went up to him in the street—I do not know whether I had any work that day—I did not get a drop of anything to drink at his expense—I did not get anything of Mr. Hobler—they gave me 1s. for the subpœna last Wednesday—I went to Mr. Hobler's office by order of Mr. Magnay—I was reading the newspaper on the Friday morning that I went with the note, and I saw the date on the top it, so I know k was the 18th—I go with a great many notes, and often read the newspaper—I do not know that I noticed that day in particular, but I know it was on a Friday, and the next morning I heard that some persons had been taken at Mr. Magnay's.

MR. BALLANTINE. Q. Did you know that the note you took had anything to do with this? A. No, but when I heard that a robbery had been effected, the thought struck me directly, "This is the very man I have seen"—I did not know that the note I took had anything to do with the robbery till I had conversation with Mr. Magnay, and then I went to Mr. Hobler's by his desire—I heard Mr. Magnay had been inquiring after me two or three days.

MR. WILKINS to JOSEPH TODHUNTER. Q. Was not Yarranton examined on this case before the Magistrate? A. He was examined in the case of Sir William Magnay, but whether on this charge I cannot say.

COURT to MR. GEORGE MAGNAY. Q. Do you say that parcels should not go without an invoice? A. It is customary to send an invoice with the goods—if the parcels are sent by the Parcels Delivery they would send the parcels delivery-book, which would be signed—the invoices are often sent by post.

(Mr. De La Rue, a stationer and card-maker; Mr. Jones, a clerk in the Bank of England; Mr. Coe, of the stationery department in the Bank of England; and Mr. Freeman, of Somerset-street, Portman-square, gave Dodge a good character; John Ayres, a cow-keeper, at Hoxton; Francis Riches, a green-grocer, Whitmore-road, Hoxton; Henry Binfield, a draper, in Old Fish-street; and Edward Cohen, a tailor, in Great St. Thomas the Apostle, gave Ell a good character.)

ELL— GUILTY . Aged 41.— Transported for Seven Years.


DODGE— GUILTY. Aged 31.— Judgment Respited.

12th May 1845
Reference Numbert18450512-1164
VerdictNot Guilty > unknown

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1164. MARY ANN WIRE was indicted for bigamy.

MR. PAYNE conducted the Prosecution.

WILLIAM DAVIDSON DAY (police-constable K 44.) I produce a certificate of the prisoner's marriage to Robert Wire, on the 13th of June, 1819—I have examined it by the register-book at Aldgate church, and the book is here also—(read).

Cross-examined by MR. PRENDERGAST. Q. Where did you get this certificate? A. From her first husband—he is the person who first charged her with this.

RICHARD CHIDLEY . I am the parish clerk of Aldgat I produce the register of the marriage of Robert Wire and Mary Ann Fowler, on ihe 13th of June, 1819—I was clerk at the time, but I have no recollection of the parties—the witnesses were David Wire and Esther Hunt.

DAVID WIRE . I was present at the marriage of Robert Wire and Mary Ann Fowler—this is my signature in this book—I believe the prisoner is the person—I saw her before the Magistrate—Robert Wire, who is her husband, is present.

Cross-examined. Q. Do you happen to be a relation of his? A. I am sorry to say, I am—he behaved to his wife in the most brutish and profli-gate manner, and is a disgrace to his family.

GEORGE ALLANDER . I am a carpenter, and live in James-street, Commercial-road. I married the prisoner.

Cross-examined. Q. Were you acquainted with all the circumstances connected with her case before anything took place between you? A. She told me she was married. NOT GUILTY .

12th May 1845
Reference Numbert18450512-1165
VerdictGuilty > unknown

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1165. JOHN DOWLING was indicted for bigamy.

MR. ROBINSON conducted the prosecution.

WILLIAM UPCHURCH (police-constable B 25.) On the 13th of May the prisoner was given into my charge at Queen-square—I told him the charge—at the police-court he said he thought his wife was dead, that he had made every inquiry and could hear nothing of her—I produce a certificate of a marriage in 1843, which I have compared with a register at St. George's, Hanover-square, and it is a true copy—I produce another certificate, which I got from the prisoner's pocket, of a marriage on the 9th of March, 1845—I compared it with the register at St. John the Evangelist, Westminster—it is a true copy.

FRANCES HUDSON . I live at Swinton, in Wiltshire. I know the prisoner perfectly well—I know nothing of his marriage with Harriet Hudson, but I know he was her husband I saw them together frequently—I visited them in April, 1840—they living in Drummond-street, Euston-square—she introduced him as her husband, and she is now alive.

Cross-examined by MR. BALLANTINE. Q. Is the prisoner a seafaring man? A. I believe he is—he always passed as such—I know he left my sister, in 1840, to go a voyage, but whether he went that voyage I do not know—he did not come to my house, on his return form his voyage, to inquire about my sister—she was in Court a little time ago—just before this charge she was living at Cirencester, as housekeeper, with Mr. Webb, who keeps an establishment for young gentlemen—she went there after her husband went on his voyage, and before his return—she was never

married before—she was always in service, but she was out of a situation when she married him—she is my husband's sister—I have heard the prisoner mention to her that she had had a child, and she did not deny it—she is not the prosecutrix of this indictment—she did not come up from Cirencester to prosecute him—she was in a good situation there, and through this her master has discharged her—she did not wish to hare anything to do with this man—she wished to get rid of him altogether—she kept herself quite secluded from him and from the family likewise.

GEORGE MATTAM . I am sexton of the parish of St. George, Hanover-square. I produce the register of marriages at that church—(read,) "John Dowling and Harriet Hudson, both of this parish, were married by banns this 2nd of June, 1834, in presence of George Mundy and Lydia Clark."

JOHN BOGDLE . I am clerk to a savings-bank. I know the prisoner's handwriting—he made application at the savings-bank to receive the money of Jane Davies—it was made in writing—it is in this book—I saw him sign this.

Cross-examined. Q. Did you ever see him write, except on that occasion? A. Yes, when he came for the property of his first wife—I am not aware that he put any money in.

COURT. Q. What was his first wife's property? A. Thirty-seven pounds—he got that in 1834—it must have been put in before then—he claimed 27l. for his second wife, but he did not get that.

MR. ROBINSON. Q. Look at the signature in the register of St. George, Hanover-square, do you believe this to be his handwriting? A. Yes; I have no doubt whatever that this "John Dowling" is the writing of the prisoner—I was present when he applied to receive the money of Harriet Hudson—I did not know her personally—he applied to receive the money of Harriet Hudson, she being his wife, on the 14th of July, 1834, and produced a certificate of marriage.

JANE DAVIS . I live in Marsham-street, Westminster. I was married to the prisoner on the 8th of March last, at St. John the Evangelist, Westminster—he represented himself as a widower, and said his wife had died in child-birth, five years ago.

Cross-examined. Q. What were you? A. A dressmaker—I carried on my business in my father's house, at No. 43, Marsham-street—I did not always live with my father—I lived with a lady in Compton-street—that was the only person I have been with except my father—I first met the prisoner at my father's shop—he came for some grocery—I only asked him what he wanted—I did not get into any conversation with him after he had had the grocery—I did not tell him it was a great pity that he should come out for his own grocery—I have four sisters—I was at a public-house with two of them and the prisoner one evening—I was not pressing for the prisoner to perform his promise—I had two rings from him, I do not know whether they were gold, and a watch—I did not say I should keep them till he performed his promise the next morning.

GEORGE FREDERICK JOHN BREILLAT . I was present at the prisoner's marriage with Davis, at St. John the Evangelist's, Westminster—I think it was on the 9th of March.

FRANCES HUDSON re-examined. Q. Look at this register on the 2nd of June, 1834, and see if you know whose writing this "Harriet Hudson" is? A.

is? A. it is my sister's—I can swear to it, and she is the person I saw with the prisoner in 1840.

GUILTY . Aged 44.— Transported for Seven Years.

NEW COURT.—Tuesday, May 20th, 1845.

Second Jury, before Edward Bullock, Esq.

12th May 1845
Reference Numbert18450512-1166
VerdictNot Guilty > unknown

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1166. ROBERT RUSSELL was indicted for unlawfully obtaining 4s., by false pretences, the monies of James Wingfield.


12th May 1845
Reference Numbert18450512-1167
VerdictGuilty > unknown

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1167. SAMUEL JONES was indicted for stealing 1 watch, value 3l. 10s.; 1 guard, 16s.; and 1 key, 6d.; the goods of James Thomas Matthews; and that he had been before convicted of felony.

JAMES THOMAS MATTHEWS . I am a traveller, and live at the Mazeppa Coffee-house, in Whitechapel. On Friday, the 2nd of May, I went to bed between twelve and one o'clock in the morning—I wound my watch up, and put it under my pillow—the prisoner and another person slept in the same room, each in separate beds—I got up between eight and nine o'clock in the morning—the prisoner was then gone, and my watch was missing from under the pillow—it had a silver guard to it and a key—this is it—I can swear to the whole of it.

BENJAMIN JAMES RICKETTS . I keep the Mazeppa coffee-house. On the morning of the 2nd of May, about five o'clock, I let the prisoner out of my house—he does not regularly lodge there, but had slept there that night—I heard a noise a little before five—I went up, and he was going into my room—he had the handle of the door in his hand—he said he had made a mistake, and could not find his way down stairs—I said this was the way—he turned and went down, wished me good morning, and told me to keep the bed for him that night, but he did not return.

GEORGE COOPER . I live in Little Carlisle-street, Marylebone. On Saturday morning, the 3rd of May, I went to the Charter coffee-house, kept by Clark, in the Edgware-road—I was looking at the paper there, between ten and eleven o'clock—the prisoner came in, and asked if I would buy the duplicate of a watch—he asked 5s. for it—I gave him 4s. 6d.—I took the duplicate to the pawnbroker's, and I was stopped there.

ALFRED JOHN MILLS . I am assistant to Mr. Burgess, a pawnbroker, in Longacre. This watch was pawned with me on the 2nd of May, by the prisoner.

JOSEPH THOMPSON (police-constable F 62.) I took the prisoner—I asked him if the watch was his own—he said, "No," his partner pawned it.

(The prisoner put in a written defence, Hating that a man named Redman, with whom he had been in prison, had given him the watch to pledge, and gave him the duplicate for his trouble.)

JOHN CHAPPELL WARD (police-constable S 122.) I produce a certificate of the prisoner's former conviction, which I got at the Sessions-house, Cletkenwell—(Read—Convicted 28th May, 1845, and confined three months)—I was present at the trial—the prisoner is the person.

GUILTY . Aged 31.— Transported for Seven Years.

12th May 1845
Reference Numbert18450512-1168
VerdictGuilty > pleaded guilty

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1168. HENRY COOPER was indicted for embezzling 12l. 16s., which he had received on account of his masters, William Consett Wright and others; to which he pleaded

GUILTY . Aged 44, and received a good character.—Recommended to mercy.— Confined Four Months.

12th May 1845
Reference Numbert18450512-1169
VerdictNot Guilty > unknown

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1169. MARY WATTS was indicted for stealing 1 flat-iron, value 9d.; 1 iron hanger, 6d.; 1 sheet, 2s. 6d.; 1 towel, 6d.; 1 handkerchief, 6d.; 1 pillow-case, 6d.; 2 spoons, 8d.; 2 pairs of stockings, 4d.; 6 yards of calico, 2s. 4d.; and 1/2 of a yard of linen cloth, 4d.; the goods of James Courtney, her master.

SARAH COURTNEY . I am the wife of James Courtney. We live in Gillingham-street, Westminster—the prisoner came to do the servant's work—she did not live in the house—she left on Sunday, the 27th of April—she had been working at my house about a month—on the evening she left I found a Joaf wrapped in her cloak—I then looked about and missed two shirts and a petticoat, aad next day I missed two or three sheets, some pillow-cases, and a towel—I afterwards missed other things named in the indictment—on the Thursday night following she came to my house, and I asked her for what she could have the impudence to come—she said to see if I did not think there was something due to her—I then gave her in charge—I went with the policeman to her lodging—she said at the station that it was her lodging—I there found a sheet, a pillow-case, and a quantity of calico, which I had not missed, but knowing that I had some, I suspected it was mine—I also found a flat-iron, an iron-hanger, two tea-spoons, the kitchen-towel, a little handkerchief, and two old pairs of stockings, which I knew all to be mine—these are the articles—she had no right to take these things to her lodging—I have brought the rest of the calico here to identify this piece.

Cross-examined by MR. PRENDERGAST. Q. Did you make the calico? A. No—I presume it to be mine—I have the piece, and it matches—the prisoner cat her's off, and I tore mine off—the end of her piece corresponds with the end of mine—she told the inspector that she lodged in the first floor front room at that house—her sister lived there with her—the largest of these small pieces of calico corresponds with the end of mine, and here is an indentation which corresponds—to the best of my belief thii calico is mine, and the quality corresponds with mine—I suspected it wai mine, and I took out my large piece and measured it, and the quantity corresponded with what was missing—I had not made anything from it—it was a whole piece till she took it—I bought it to be made up in the winter—I went to a shop with my sister and bought the whole piece of fifty-five yards, and we tore it in halves—my twenty-seven yards and a half were in the drawer—the things I missed I did not find—this sheet was clean when the prisoner took it—I found it on her bed, and marked with a new letter M—I have the corresponding sheet, which is of the same colour—it is not bleached—it will never appear white—I know it from its general appearance, being my own make, and it exactly corresponds with the other—it is the same texture, and length, and breadth, and exactly the same shade in washing—there are thousands of yards in London, but no other corresponds with my cut—here is a towel that I cut, and a piece of linen that I tore the corner off of myself—these spoons are German silver—they have a mark on them, which I presume are the maker's initials—one

is I. Y.—I do not distinctly remember the initials on the other—I think they are E. W.—I had six marked I. Y. and three marked the other way—I have not any of my spoons here—I know these stockings by mending them in the heels, and in two or three other places—this is a kitchen towel, and here is a cut in it, which I did in rolling some precrust—it was used for washing tea things—it has no mark upon it but the cut—I know from looking over my kitchen towels that the one I cut was missing—my kitchen towels are not marked—I hemmed this, but it is not a thing that I do very particularly—when I found these things the prisoner was in the station—I did not take her to her lodging—the inspector told me to go to her lodging and take anything that I considered mine, and I took all that I knew to be mine—there was a woman at the lodging, who said she was not her sister, but before the Magistrate she said she was.

COURT Q. What do you know this kitchen-cloth by? A. By this cut of a knife, which I did in rolling some piecrust—I made it myself—I do not know it from any mark—I know this red handkerchief by having a corner torn off, which I did in untying a knot—I am able to swear it is mine by that—this flat-iron and hanger are mine—I have had them seven or eight years.

JOHN LEGG (police-constable B 155.) I took the prisoner at the prosecutor's door—I took her to the station—she gave her address at "No. 5, Laundry-yard, Westminster, the first-floor front-room"—I and the prosecutrix went there, and found all these things—there was a sister of the prisoner lived there—she denied being her sister at the time, bot she afterwards said she was.


HANNAH CUNNINGHAM . I am the prisoner's sister—I occupy the room with her—I was there when Mrs. Courtney came—some of these things belong to me—this iron I have had five years—this six yards and a half of calico I bought in Leicester-square—I have the bill now of where I bought it—I bought ten yards—I made a shirt out of it whiob my husband was buried in—this three-quarters of a yard of linen I made a bosom out of and this is what was left of it—I tore this calico to make two aprons, and this small bit I tore off to make a band for an apron—it had never been out of my place till Mrs. Courtney took it away—I have had these spoons a year and five months—I bought them in Dec.—I had four of them, but I lost two—I have a person here who knows I had them on Tuesday night—directly the prosecutrix came, she came to my bed and said my sheet was hers—I said it was mine, and then she turned and said there was a letter picked from it—I gave her the duplicate of the fellow-sheet to go and match it, and then she did not take that—she asked me if the bottom sheet was mine—I said, "No," and she took that bottom sheet, which belonged to the prisoner—she brought it there when she came to me on Easter Saturday—when the prosecutrix first came, she said to me, "I presume you are her sister"—I said I was not—I was not obliged to tell her what I was, but when I was before the Magistrate I told him I was her sister—the first time the prosecutrix came she only took the sheet, the pillow-case, and the small handkerchief—then she came again and took my calico, the flat-iron and hanger, and the small bit of linen—I have had this iron-hanger two years—I gave 6d. for it at the corner of Strutton-ground, at a broker's

shop, where I bought it second-hand—these stockings are the prisoner' s—she brought them with her when she came to me—they were in my box, and were found on the second visit that was paid to my place—the box was not locked—I had kept the things just as they were the first time the prosecutrix came—when she came the second time she said there was a feather-pillow—the policeman said there was not, and there was not—the prisoner did not produce any shirt to me—this is the bill of the calico, "ten yards at 6d.,"—the prisoner had this kitchen-towel when she came to me—this was found on a chair in the room.

SARAH HUDSON . I am the landlady of the house in Laundry-yard, Westminster—I know that Mrs. Cunningham had these two spoons eight or nine months or more—I am sure these are the spoons she had, and I told Mrs. Courtney so, and the policeman—Mrs. Courtney said she could not swear they were her spoons, but they corresponded with hers—I said Mrs. Cunningham bad them eight or nine months—I have had them in my hand, and fed the baby with them.

COLLINS. I live in Laundry-court—I have seen these spoons at the prisoner's place—I saw them there twelve months last Christmas, when the baby was christened—there were four spoons, and these are two of them—I have seen them since, when I have been at her place backwards and forwards—they are not the best silver.

COURT to MRS. COURTNEY. Q. Did you claim the upper sheet? A. I did not—I said it looked like mine, but I was not certain—the prisoner's sister is a violent woman—she abused me at the police-office—the greater part of what she has said is false.


12th May 1845
Reference Numbert18450512-1170
VerdictGuilty > with recommendation

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1170. ALFRED WESTON was indicted for embezzlement.

MR. DOANE conducted the Prosecution.

WILLIAM GILLIAM GILBERT . I am an oilman and grocer, and live in Howland-street, Fitzroy-square—the prisoner was my carman for about six months—it was his duty to receive money from my customers, on the delivery of goods, and to pay it over to me on his return—I have a book, in which I make entries of these matters—I find here, that on the 31st of March, 15s. 4 1/2d. was due from Mr. Hewlett—I asked the prisoner if that was paid, and he said, "No"—on the 8th of April, I have a memorandum of 5s., due from Mr. Maitland, of Upper George-street, Bryanston-square—I asked whether that was paid, he said it was not—on the 21st of April, I have an entry of 6s. to Mr. Henshaw—I asked him about that—he said they did not pay it—I dismissed the prisoner on a Sunday night—I think it was on the 26th or 27th of April, and on the following Monday I found that these monies had been paid, and gave information to the police—the prisoner came to my shop—I sent for the constable, and gave him into custody.

Cross-examined by MR. PRENDERGAST. Q. You generally receive money yourself? A. Yes—other lads in the shop receive money, and pay it to Cloak my young man, but he always pays it to me, and I cross it out of the book at once—the prisoner never would pay money but to me—if he had paid it to the man it would have been regular; but I can swear that I asked the prisoner, on the 21st of April, when he returned, if it had been paid, and he said, "No"—it was two gallons of oil, sent to Mr. Henshaw's, to

be paid for on delivery, and I asked him in the shop, the first time I saw him after his return—he has never kept money for two or three days—he kept it once or twice till the next morning.

Q. If his sister had paid you two or three pounds, you would not hare given him into custody? A. Yes, I would—his sister offered me 5s. a week—I did not say I must have half the money down—I said I would not compromise it—the prisoner came with his sister to me of his own accord, two days afterwards, in consequence of my having said he had not paid orer some money—I did not say I must have 4l.—it was never mentioned in his presence—it was after she had come and made a proposal to me, that the prisoner came with her to give himself up—I did not say on Monday, in presence of the prisoner and my own shopman, that I had received the 15s. 4d.—said I had not received it—the prisoner had been with me about six months—he left for no charge of dishonesty—I had been out on Sunday for a ride, and when I came home he was not there to receive the horse—he was carman—he attended to the horse, and on Sundays he ought to feed it and clean it, and receive it when it came home—Cloak receives money from the boys, when things are sent out, and the money brought back—it was not his business to receive for things when they were once booked—the prisoner has sometimes kept money till the morning, if he did not see me—I asked Cloak if he had received this monev—he said he had not.

MR. DOANE. Q. When you charged the prisoner with keeping back these sums, did he say he had paid them to Cloak? A. No, he said he had paid me—I am quite sure that he said before, that these people had not paid it.

JOSEPH FREEMAN . I am footman to Mr. Henshaw. On the 21st of April I paid the prisoner 6s. for two gallons of oil—here is the bill, with "Paid" at the corner, and Mr. Gilbert's initials.

Cross-examined. Q. Are you the person who paid this money? A. Yes, it was always the case that Mr. Gilbert's initials were to the bill, and if the bill was not paid I tore off the word "paid," and gave it to the person who brought the goods.

ELIZABETH HEWLETT . I am the wife of Thomas Hewlett, a tailor, in Charlotte-place, Fitzroy-square. On the 31st of March I paid the prisoner 15s. 4d. on his master's account—he wrote, in my presence, this receipt at the bottom, "A. Weston."

MARY MAITLAND . I am a widow, and live in Upper George-street, Bryanston-square. On the 8th of April I paid the prisoner 5s. on account of Mr. Gilbert—I have the receipt, which he wrote in my presence.

WILLIAM GILBERT re-examined, Q. Used you to send out the bills of the goods with the word "Paid" on them? A. Very often—the prisoner was to deliver the bill in that state, if he received the money, and if not he was to have it torn off.

Cross-examined. Q. Where is your book? A. This is it—this book and my own recollection are my authority for saying what I do, not one of them by itself, in this case—this is a petty entry-book—I have a waste-book, which is here—the last of these sums was paid on the 21st of April, which was Mr. Henshaw's—the prisoner left on the last Sunday in April, the 27th—here is the entry in the waste-book of the last item—it is entered, "No. 2, Lower Seymour-street"—there is no name down at all—it is

crossed out, meaning that it is entered in the day-book—these entries are crossed out, and some are paid, which are done with—the prisoner had nothing to do with these books—I have no document in his handwriting.

Q. Did you not, in presence of Gauntlet, who is here, say that if she would pay you 4l., and half of it immediately, you would not prosecute the prisoner? A. I did not—she proposed to pay 5s. a week—I did not reject that, and say, "I must have half down"—she told me she had not seen her brother—I had sent to her, and gave notice to the police—she said she came to me in consequence of my inquiries—I did not say I must have 4l.—I did not know how much there was to pay—I told her we had found out two or three cases.


MART ANN GAUNTLETT . I am married, and live at No. 6, Francis-street, Tottenham-court-road; I am a dress-maker. The prisoner is my brother—he came to my house after he was discharged by Mr. Gilbert—he stopped with me a little while, and went out—it was not uncommon for him to stop away a week from me—on the Tuesday afterwards Mr. Gilbert came to me, and told me there was something very black against my brother—I went to Mr. Gilbert's on the Tuesday evening, and he wished me to ascertain where my brother was—I said I would make inquiries—he said he did not know exactly what the sum was, and, I believe, he then said it was 3l. 6s.—I said, rather than he should make any stir I would pay 5s. a week—he said he must consider that; he did not know that he should compromise it, but if I would pay the half he would take it—Cloak, the young man, was in the shop, and might have heard that—I had not seen my brother between Mr. Gilbert making inquiries of me and my going to him—I afterwards watched my brother into his master's shop, and went in, because I understood the police were after him—I followed him in—Mr. Gilbert said, "You are come up to the scratch, are you?"—my brother said he had come to see what it was, and he should have come the night before, but he did not want to be in the station all night.

(The prisoner received a good character,)

GUILTY. Aged 23.—Recommended to mercy by the Prosecutor and Jury.

Confined Four Months.

12th May 1845
Reference Numbert18450512-1171
VerdictNot Guilty > no prosecutor

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1171. MARGARET LEADER and LUCY MEALAN were indicted for stealing 1 handkerchief, value 1s.; and 5 shillings; the property of William Cooper.

The prosecutor did not appear.


12th May 1845
Reference Numbert18450512-1172
VerdictGuilty > with recommendation

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1172. JOSEPH NAYLOR was indicted for stealing 96lbs. weight of fat, value 1l. 5s., the goods of Henry Thomas Wood, his master.

MR. DOANE conducted the Prosecution.

HENRY THOMAS WOOD . I am a butcher, and live in Clare-street, Clare-market; I have a slaughter-house in Sheffield-street, near my dwelling. I have a foreman named Kibot—the prisoner was in my service—it is the custom of the butchers to send various beasts to that slaughter-house to be slaughtered—on the 6th of May twelve beasts were killed—the prisoner and Kibot, my foreman, were there—it is the duty of my men to take a

portion of the internal fat to the owners of the beasts after they are killed—they have no right to an ounce of it for themselves—I am responsible for every part of the beast—when the work of the day is ended it is the duty of the foreman to come to my house, and to book the number of the boasts that have been killed, and to whom they belonged—Kibot came and booked them, about nine o'clock at night, on the 6th of May—he had the keys of the slaughter-house then in his hand—they had then done work, and he had no occasion to go to the slaughter-house again that night on any business of mine—in consequence of my suspicions, I had got the policeman to watch, and in the course of that night I heard that somebody was in custody at the station—I went—I found the prisoner there—I said, "Joe, I am very sorry to see you in this situation; you had no occasion to do this from the wages I paid you"—he said, "I have been linked into this"—I said, "What do you mean by being linked in?"—he said a man had given him the fat in Wild-street, close to the tallow-chandler's; he did not know the man, and had never seen him before—there was about 96lbs. weight of fat—amongst the beasts which had been slaughtered that day, there was one the fat of which was of an unusually high colour—I examined the sack of fat slightly that night, and more fully afterwards—it corresponded with the fat of the beasts that had been killed that day, and part of it corresponded with that of one bullock that belonged to Mr. Johnson—I went down to my slaughter-house about one o'clock, and found the back door was fastened inside, which I thought could not have been done by a person outside; but I understand since that they had a method of fastening it through a hole, so that the prisoner might have fastened it behind him when he came out.

Cross-examined by MR. ROBINSON. Q. How many beasts are slaughtered at your slaughter-house in a week? A. About forty—it is the duty of the men to take the fat to the owners immediately the beast, is killed—no fat has been demanded of me, but hides have—I should not have missed this precise fat unless it had been seized by the officer—the prisoner was under Kibot, and had to obey his orders—the men have the bladders for perquisites, but have no right to any fat whatever—we have on the average not more than one beast with yellow fat killed in a week.

WILLIAM WEST (police-constable F 106.) In consequence of instructions, I stationed myself in Bear-street, Clare-market, on the evening of tht 6th of May—there is a narrow passage there which leads to the back entrance of Mr. Wood's slaughter-house—I waited till about nine o'clock—I then saw the prisoner leave the slaughter-house, with a sack—he carried it into Wild-street—I followed him—he went into No. 20, which is a shop kept by the witness Mitchell—he put down the sack, and opened a flap in the floor of the shop, put the sack down below, and he followed it—I immediately went into the shop, and slipped down the flap, and saw the prisoner standing by the side of the sack—I saw him take two pieces of fat from his left-hand pocket, and put them into the copper, where the fat was hot—Mitchell then came down the flap—he stirred up the fat in the copper with a stick—the prisoner said, "He will be here directly"—Mitchell said, "Will he?" and he returned to the shop again—soon after, Mitchell came down again, and the prisoner said, "I suppose I can go now?"—Mitchell said, Oh, yes, you can go"—the prisoner was then going away—I stopped him, and told him I was a police-officer, and

asked him what was in the sack—he said it was fat, which a man had given him in Wild-street to carry—I asked what man—he said he did not know, he had never seen him before, but if I would wait I should see—I waited some time, and then took him to the station—I showed the fat to Mr. Woods—it weighed 13 stone with the sack.

JAMES TURNER (police-constable F 86.) I was set to watch in front of the slaughter-house—about a quarter before nine o'clock I saw the prisoner and Kibot come there—they were talking together—I heard the prisoner ask Kibot whether he had been to book it—Kibot said "Yes"—Kibot then left for a short time, and returned again—(Mr. Wood lives close by—he had time enough to have gone to Mr. Wood's)—the prisoner asked it it was all right—Kibot said "Yes"—they then both went into the slaughter-house—in a few minutes Kibot came out, and walked away—he had nothing with him—he was taken into custody, but discharged.

JAMES MITCHELL . I am a tallow-chandler and melter, and live at No. 20, Great Wild-street. I know the prisoner by his coming to my shop three or four times—on the 6th of May, about nine o'clock at night, he came, and brought a sack with him, which he threw down stairs into the manufactory—I afterwards saw him stopped by the officer.

Cross-examined. Q. Do you know Kibot? A. Only by seeing him at the police-office—I had not seen him before to my knowledge—I heard the prisoner say, "He will be here directly"—I considered that he meant a man who had come with him previously, as when he brought the fat a person generally followed him, and took the money for it, but that was not the person who I was informed was Kibot—the prisoner had brought fat before, but not so much as this.

JOHN JOHNSON . I am a butcher, and live in Clare-street, Clare-market. I had three bullocks killed at Mr. Wood's slaughter-house on the 6th of May, and one of them was a peculiarly high-coloured fat—none of the others were of that colour—I was at the slaughter-house the whole of the day, and saw the prisoner engaged in dressing that very bullock—I have since been shown a piece of dark-coloured fat, which I compared with my own—it corresponds precisely in colour and quality—I think I can swear safely to it as mine—it ought to have been brought to me by the prisoner, or some one—the moment the fat is cleaned it is brought immediately—I have examined the interior of the bullocks, and have missed a portion of the fat of the three beasts which were killed that day.

Cross-examined. Q. Was there any fat brought to you? A. Certainly—the greater part of it was brought between five and six o'clock.

JAMES GOSLING . I am a butcher, and live in Clare-street. I had one bullock killed at Mr. Wood's on the 6th of May—the next day I examined the fat, and found some of it missing.

Cross-examined. Q. You had heard about this? A. Yes, but it is very easy for a man in the trade to miss the fat—I was at home when the fat was brought—we put it into a tub, and had no suspicion then, but when we examined we found the crown was missing, and the crown is here—any one could distinguish that this fat exactly corresponds with what I lost.

THOMAS BEACHEY . I am a butcher. I had one bullock killed at Mr. Wood's on the 6th of May—I examined the fat of that the next day, and found the crown and a little of the rib fat missing—I have been shown the

fat that was in the sack the prisoner had—I find some fat there which corresponds with my bullock and there was some missing from my bullock, which was not returned to me.

(The prisoner received a good character.)

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

12th May 1845
Reference Numbert18450512-1173
VerdictNot Guilty > no evidence

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1173. JOHN TOWNSEND M'OWEN was indicted for unlawfully assaulting Ann Elizabeth Jefferson, with intent, &c.

MR. SIMONS, on behalf of the prosecution, offered no evidence.


12th May 1845
Reference Numbert18450512-1174
VerdictGuilty > unknown

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1174. ELIZABETH SMITH was indicted for stealing 1 gown, value, 2s.; 1 sheet, 3s.; 2 spoons, 10s.; and 1 blanket, 3s.; the goods of Catherine Hayes, her mistress.

ELISABETH PHILLIPS . I am a widow. I have known Catherine Hayes for thirty-nine years—she lives in a room in Marchmont-street, and it confined to her bed—I go to her once a week, and manage her affairs—the prisoner was in her service—I engaged her, and before she came, which, was on the 28th of Nov., I looked over Mrs. Hayes's drawers—I have not since then observed her things—I was sent for by the landlady of the house on the 22nd of March—the prisoner was then gone away—I found the drawers locked, but when I opened them they were all empty—I missed a blanket and all the other things stated—this is the gown—these are the silver spoons—I swear they are Catherine Hayes's property, and were in the house when the prisoner came—I missed them on the 22nd of March.

Prisoner. She left but 10s. a week to keep two of us. Witness. I left money every time I went, sometimes 1l. and sometimes 25s.—the smallest amount was 10s.—I told the landlady to let them have whatever they wanted—the prisoner was allowed half a crown a week and was kept beside.

WILLIAM WILSON . I am a pawnbroker. These articles were pawned at my house by the prisoner, in Jan., Feb., and March, in the name of wigg.

MARY TRIBE . I wash for Mrs. Hayes—I know this blanket and these other articles to be hers.

FRANCIS MORRIS (police-constable E 73.) I took the prisoner—I told her it was for absconding from her mistress and taking things—she said, "I know all about that, I did it to buy the old lady things, for Mrs. Phillips half starved us"—I asked why she absconded—she made some muttering answer which I could not understand.

ELIZABETH WANLACE . I am a widow. I keep the the house in Marchmont-street where Mrs. Hayes lives—on the 22nd of March, about four o'clock in the afternoon, I was called to her room by one of the other lodgers—I found her in a chair by the fire-place, but the fire was out—she was crying on account of the want of her tea, and the absence of her nurse—I supposed all was not right, and sent for Mrs. Phillips—it is not true that Mrs. Hayes was kept very short—I was authorised by Mrs. Phillips to let them have anything they wanted if she did not come—I have let them have half a sovereign in a week.

Prisoner's Defence. Mrs. Phillips allowed but 10s. a week, with my half-crown, and I was very short of money.

GUILTY . Aged 51.— Confined Four Months.

12th May 1845
Reference Numbert18450512-1175
VerdictNot Guilty > unknown

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1175. ELIZABETH COOK was indicted for stealing 1 handkerchief, value 3s., the goods of George Wilson, from his person.

GEORGE WILSON . I am a seaman and lodge in Marmaduke-street—on the 29th of April, between three and four o'clock, I went lo the Albion public-house at Shadwell—I was the worse for drink, but I knew what I was about—I sat down and fell asleep—the prisoner was not there when I went in, but she was sitting alongside of me when I awoke, and there were two other women there—I had about three shillings or half a crown, and a handkerchief round my neck—I was perfectly sober when I awoke—I missed my watch, and spoke to the prisoner about it—she said if I would go home with her she would let me know about it—she took me to No. 66, Gravel-lane, and then she wanted me to leave my jacket and stay with her all night—I said no, I would not—she then took my handkerchief off my neck and threw it on the bed—I said I would get a policeman—she told me to get one—I went, and when I got back she was gone and the handkerchief too.

Prisoner. I never saw the man in my life; the policeman said he wanted me, and this man came to the station and said it was me.


NEW COURT.—Wednesday, May 21, 1845.

First Jury before Mr. Common Sergeant.

12th May 1845
Reference Numbert18450512-1176
VerdictGuilty > unknown

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1176. MARY ANN THOMPSON and ELIZABETH WILLIAMS were indicted for stealing 1 watch, value 3l. 10s.; 2 shillings, and 1 sixpence; the property of George Wilson, from his person. (See the previous case.)

GEORGE WILSON . I am a seaman. I live in Marmaduke-street, Cannon-street-road—on the 29th of April I got drunk and went into the Albion public-house—I saw the two prisoners standing at the bar—I laid my arms on the table and fell asleep about half-past four o'clock—I had a watch in my fob, and about 2s. 6d. or 3s. in silver in my pocket—I awoke about half-past nine o'clock—my watch and money were then gone—I saw Thompson there—I made inquiries about my watch—somebody accused Thompson and she began to cry—roy watch has not been found.

Cross-examined by MR. HORRY. Q. Ellen Clifford told you something about it? A. Yes—I had not been living with Clifford before, nor have I since—I was a witness against a person named Cook, for robbing me of a handkerchief—Cook was sitting alongside of me when I awoke—I went with her, and she robbed me.

ELLEN CLIFFORD . About five o'clock that evening I was in the public-house—I saw Thompson go round to the roan who had his head on the table, and was asleep—she searched his pockets, and I saw her take the watch out of his pocket—Williams was standing round, and she said, "I shall have my regulars in that watch"—they both went out together.

Cross-examined. Q. Do you mean to say that Williams was standing by when Thompson took the watch out? A. Yes—she ran over to Thompson, from the other side—I was in the Albion when the prosecutor came in—I saw him go to the table, and lie down, and go to sleep—I did not see Cook go to him—I was not there when he awoke—I stopped till about six—the watch was taken about half-past five—I was called to be a witness two or three nights after, when Thompson was taken up—I

heard the prosecutor complain, the next night, of losing his watch—I told the policeman the next night myself—I cannot tell how often I have been in the House of Correction—I saw the landlord before I saw the policeman—I heard Thompson tell the people the same night that she took the watch—she lives in the same house with me—she did not come back that night—I never had any quarrel with her.

Thompson. She is taking a false oath; she has been living and sleeping with the prosecutor since we have been here. Witness. It is no such thing.

Thompson's Defence. I was in the public-house; the prosecutor came in with a soldier, and a seaman like himself; Williams came and called for a pint of beer, and asked me to drink, which I did; I went out, and came in again; the soldier and sailor had left, and the prosecutor was fast asleep on the table; when he awoke, he said to the landlord, "I have lost my watch;" the landlord said, "You ought to look to them you came in with; these young women have been here some time, and I know they have not touched the watch;" if Clifford saw anything, why not give us into custody? she has been convicted many a time.

AUGUSTINE BRICE (policeman.) I went to the house where Clifford lives, that night—the prisoners were not there then—I found Thompson next night, in the house the watch was stolen from.


12th May 1845
Reference Numbert18450512-1177
VerdictsNot Guilty > unknown

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1177. JOHN ELL was indicted for stealing, on the 17th of April, 10 quires of paper, value 10s., the goods of Sir William Magnay, Bart., and another, his masters; and JOHN NICHOLSON , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c. (See page 131.)

CLARKSON, BODKIN , and BALLANTINE, conducted the Prosecution.

JOSEPH TODHUNTER . I am an inspector of the City police. For some time previous to the 18th of April, I had been attending to what was supposed to be going on at the premises of Messrs. Magnay—I understood Ell was their warehouseman—I took him into custody on Friday, the 18th of April, about twelve o'clock at night, at a public-house opposite Messrs. Magnays, at the corner of College-hill—he had been told by the constable, Hay don, what he was taken for—I took him at once to the station—he was examined on the Saturday, at Guildhall, on a charge of robbing his employers—on Monday, the 21st, I went with a warrant to the house of the prisoner Nicholson, in St. Thomas the Apostle—he keeps a stationer's and bookbinder's shop—it is an open shop, about two minutes' walk from Messrs. Magnay's place of business—I got there about two o'clock—he was out—I found his wife there—I told her I was an officer, and had come to search the premises—I produced the warrant—Mr. George Magnay was with me—I found a great deal of paper about, on shelves and other places—Mr. Magnay examined it, and I took some which he claimed—I have it here—we might have been in the house about two hours—I saw Nicholson at the station two or three hours after I had been at his house, about five or six o'clock—he had been taken by another officer—I showed him the paper which I had brought away—he looked at it, and said, "Mr. Magnay will find himself in the wrong"—I had before that told him where I got the paper—Mr. Magnay was with me, and I told him to state the charge I had against the prisoner, and the charge was entered accordingly, in the police-book, of having in his possession a portion of paper which Mr.

Magnay claimed as his, and which had been stolen—that was stated in Nicholson's hearing, and on that I produced the paper, and showed it to Nicholson, and said something to the effect that it was but fair that he should see it—he took it up, looked at it, and said, "Ah! Mr. Magnay will find himself in the wrong, I had this paper from so and so,"mentioning two names which I had not heard before, and do not recollect—I will not say whether he mentioned the name of Price—there is some handwriting on some of this paper—Nicholson had not seen the handwriting when he said "Mr. Magnay will find himself wrong," and mentioned the two names—his attention was not directed to the writing during the conversation.

Cross-examined by MR. DOANE. Q. Was Ell kept in custody all Friday night, the 13th of April? A. He was, and on the Saturday he went before the Magistrate—he was in custody all Sunday and Monday, and from the time I saw him on Friday night till I found this paper at Nicholson's—this is the paper that is the subject of this inquiry—I will not speak to the exact quantity—it is not in regular quires—it is what I showed to Nicholson on that occasion—here is some writing on this blue paper, the word "Turner," and some figures, are written on this white paper.

cross-examined by MR. HUDDLESTON. Q. When was Corduroy taken? A. On the night of the 18th, and Sharpe on the morning of the 19th—Dodge was taken on the 18th—Nicholson's house is in the immediate neighbourhood of Messrs. Magnay's—there are many stationers in that neighbourhood—Mr. George Magnay went with me to Nicholson's on the 21st—I had not been there on the 18th—I heard that some person had been there on the 18th, but I do not know that—I heard that Sir William Magnay and two officers were there on the 18th, but I did not hear that there had been a search—I cannot tell on what day I heard it—when I went with Mr. George Magnay on the 21st I took all the paper he claimed—I do not know that I was in the house the whole time—I might have gone out, but I left an officer there, and did not go out of sight of the house—Mr. George Magnay might have spoken about some royal ledgers or account-books, but he did not claim anything but this paper.

MR. BODKIN. Q. You have been asked whether Ell was kept in custody on Friday night, Saturday, Sunday, and Monday; was he detained on this charge, or were there other charges preferred against him? A. On this charge and others—I have heard that some person had been to Nicholson's house on the 18th—if he had had a large quantity of paper there then he had an opportunity of removing it before I went with the warrant on Monday—there was some paper made up in the form of account-books in the shop, which Mr. Magnay inspected, and expressed his belief that they were made of his paper, but he would not claim any but this, from their being cut up in books—this paper was on a shelf—there was about the same quantity of paper in the shop as stationers usually have—some of it might be tied up, and some was loose—this paper was much in the same state it is now—there was a string round this, which I undid, and showed it to Mr. Magnay—he noticed the name of Turner, and I undid it—he wished it to be undone, because he spoke to this wrapper.

GEORGE MAGNAY, ESQ . I am partner with my brother, Sir William Magnay—we are wholesale stationers, at College-hill. On the 18th of April Ell was in our employment, and had been for some years—he was under-warehouseman—he received orders from the clerks, and it was his duty to see that no more than the quantity of paper which was ordered was put into the wagon—I know Nicholson by sight, and

I have spoken to him once or twice—on Monday, the 21st of April, in consequence of information, I went to Nicholson's house—I found some paper at his house, and amongst it was this paper that is before me—here is some writing on this sheet of white paper—it is John Ell's writing—I know his writing, and his writing of figures—I am able to swear that this is his writing—this wrapper is one that has been destroyed—it came from our warehouse—I have no doubt about that—here is some writing on it, which enables me to identify it—these wrappers are never sold to my knowledge—a part of this is a paper we have had a very considerable quantity of—I believe it came from our warehouse—it is not manufactured by us, but bought of Turner, whose name appears on the wrapper, and likewise in the water-mark—this is the only sheet of paper with any writing on it—when we searched Nicholson's house he was not at home—I merely saw his wife—I have missed paper from our warehouse to a considerable amount, it may be 100 or 150 reams, perhaps 200, it is impossible to say.

Cross-examined by MR. DOANE. Q. Are you in partnership with your brother? A. Yes, and with no one else—no person whatever has any interest in the profits of any portion of the concern but myself and my brother—I mean to take my solemn oath that the figures on this paper were made by Ell—how much paper Turner manufactures and sells to various dealers I do not know—I take my oath that this wrapper was ours—we are in rather a large way of business—in the course of a year we have perhaps 70,000 or 80,000 wrappers—bere is no mark of mine on the wrapper, but the writing on it is well known to me—it is, "R. Turner, Thick Laid"—Ell wrote it—this was a discarded wrapper—we sell brown paper wrappers, but these are perfectly, useless, except to light fires—we are—not retail dealers, in the common acceptation of die word—if a customer wants a ream we sell it, but not a sheet of paper—we sell a quire of vellum paper, or half a ream of post paper—on looking through our ledger, I see Ell had two reams of post, and one of yellow-wove foolscap which came to 27s., about four months ago, and previous to that some more, making, within the last twelvemonth, about 2l. 14s.—the clerks in our establishment sell—I take the out-door department, and am out front eleven o'clock in the morning—I am out about half my time—I should think there are not hundreds of these covers in our warehouse—there ought not to be any—they generally go out again on the outside of the paper—it would not be in due course for this to have gone on inside writing paper—this would be put on outside paper—it might have gone out with tome. sort of paper in due course, but it would have been very irregular to have put "Turner Thick Laid Post" on Turner's superfine demy—this would have been a proper description for some kind of paper—this wrapper has no date on it—it is certainly dirty—a dirty wrapper I should call it—it is quite evident it is not a new one—our books are not here—it is only from them that I know what was sold to Ell—there would be nothing irregular in his buying paper of our clerks.

COURT. Q. Are you able to tell whether the paper sold to Ell was of the same sort as this is? A. It was not.

Cross-examined by MR. HUDDLESTON. Q. Do I understand you to swear to the whole of this paper? A. I believe the whole is ours—I swear to different parts, but I believe the whole is ours—it is not the same sort of paper all through—I found these all together, in the same place, on a shelf—this other paper—(looking at some)—is not mine

at all—I believe the other is mine—this fell down at my feet—I believe it was not at my feet when I swore to my belief that the whole was mine, but I did not see this paper then—I have examined the paper that came from Nicholson's—I pointed out the paper that was to come from there—I do not know how this came to be brought away, it was tied up with the other by somebody—I do not know who—I have not thoroughly examined this paper except at the time I took it from Nicholson's—I have sworn to its being our property since I took it—here are three or four different sorts of paper—here are five or six different makes, but most of it is the same sort—they are not all Turner's—some are Harris's and some Sellers's—there are four makers—we deal very largely with all these different makers—they have dealings with other stationers as well as ourselves—I know these different quires by the maker's name—they are all papers that we have had extensive dealings with, and Turner's is a paper we never sold to the prisoner—in 1843 we had large contracts with Government, and we took nearly, or I may say, all that Turner made in 1843—here is some of Sellers's, and Harris's, and Tremlett's, and I see here is one quire of Watman's—we deal with all these persons, and had their papers constantly, particularly Sellers's and Turner's—other stationers deal with most of these gentlemen, but not so much with Turner—one or two, I believe, deal with Turner—here are three or four quires of Turner's paper here—Sharpe was a traveller of ours—he very seldom sold Turner's paper—he may have sold ten reams of it—it is a paper we were not in the habit of selling much of—these are different quires—some are outsides, and a few are separate sheets put together—I was not at Nicholson's on the 18th—my brother, I believe, called there, but on what day I do not know—I think it was not before Ell was taken—I am not aware that I asked Mrs. Nicholson, when I went on the Monday, about my brother being there on the Saturday—I suppose we were three hours or three hours and a half at Nicholson's, looking over the stock—a gentleman named Tipper was sent for—I do not think I had claimed anything before Mr. Tipper came, but this paper—I saw some paper made into books—I did not claim any books; I said I suspected, but whatever my suspicions were I did not take them—I do not remember that Mr. Phipps came—a gentleman came in, what his name was I do not know—there are sales of odd lots of paper, sold at different auctions—Nicholson bought four quires of blue paper of us—he had no personal dealings with me, nor in my presence—I do not know that any damaged paper has been sent from Nicholson's to our house to be exchanged—in general one clerk in our counting-house transacts business with the customers—if I am not there Mr. Wickwar would—I am in the counting-house every day—there are four clerks sell in my absence.

MR. BALLANTINE. Q. Are the clerks at your warehouse? A. One is seriously ill, Mr. Sellers—Mr. Sharpe is now convicted—Mr. Wickwar is now at the office—Mr. Sellers was at Guildhall, and to the knowledge of Nicholson—there are occasional sales of odd lots of paper—we do not send odd lots of paper to auctions to be sold—here is a portion of paper here which did not come from our warehouse—my attention had not been called to this before—if I had noticed it before, I should have said it was not ours—here is paper of three or four different makers, and four or five makes—all these are makers we deal with, and we have had all these sorts, more particularly Turner's—if I had sold paper I should not have sent insides and outsides of four or five makers, nor send it out in this slovenly

way—in making up a ream it would not include all these different makes and different makers—these must have formed parts of different reams—what became of the other parts of these reams I do not know—if our clerk has said he sold wrappers, I presume he meant brown papers—these blue wrappers were not produced—articles of this sort are not sold—they axe forbidden to sell them—Ell has been in our service twenty-two years.

JAMES JOHN DAW . I am a stationer, and live at No. 13, Friday-street. In the beginning and middle of April I was in the habit of seeing the prisoner Ell—in consequence of something that occurred to my mind I made a communication to Messrs. Magnay, and to Haydon the officer, I believe, on the 7th or 8th of April—on the 18th of April, the day Ell was taken, I had made an appointment to see him at six o'clock—I did not see him—on one occasion when I saw Ell, he said Nicholson had been buying outside paper of Magnays, and that they were taking shavings in exchange—this was on the 17th of April, the day before Ell was taken—I heard that Ell was taken soon after the Friday—the examination took place on the Saturday—on the Monday afterwards Nicholson came to me about half-past nine o'clock in the morning—he said this was a sad affair, and that we were all in the mess together; that he felt very ill, and he had not eaten anything since Ell was taken into custody; that he had come out without any money in his pocket, and would I send for a little brandy for him—I sent for some, and we retired to the workshop at the back of my shop—(this conversation was in the front shop)—previous to going into the back shop he told me to fasten the front door of the shop—we went into the back shop at Nicholson's request, he said he wanted to speak to me, and we had better be quiet—the front door was fastened, and we went into the back workshop together, and also fastened the door of that—he then said he was. commissioned to go round to all that knew anything of the business, to cause them to hold their tongues, and not to tell anything they knew, and what we knew ourselves we had best keep to ourselves—he then went away, and said he would come back and let me know the result, how he got on, about six o'clock.

Q. Was anything said about a police-officer? A. He said a police-officer had been in the room where Ell and I had been on the 18th, and overheard all our conversation, and to be careful what I said—I had been in a public-house with Ell on the 18th, about half-past twelve o'clock in the morning—he was in company with some one—I waited till they had drank what they were drinking—I then told him I had come down about some outsides—he said, "Come along"—he beckoned me outside the house and said, "Follow me"—I said I had been over the way to look at the outsides, and I thought of buying 2 cwt.—he said, "I see you mean business"—I said, "I do," and then we went into a public-house, which I think is Tyler's—(he had showed me a sample sheet of blue-wove foolscap on the previous evening, which I was to have twelve reams of)—when Nicholson called on me on the Monday, he said he was round at Ell's house on the evening that I gave Ell the money for the bill, and he heard all our conversation—I had been at Ell's house at half-past eight o'clock in the evening of the 18th, and had some conversation with him about a bill, and I gave him 5l.—I did not observe that Nicholson was there when I was—I never told Nicholson of my having been at Ell's house on the 18th, or of my having had conversation with him at the public-house—he must have learned that from some other source.

GEORGE WARMAN . I live at No. 24, Windsor-street, Islington. I am in the employ of Mr. Paradise, a stationer—I was formerly in the employ of Nicholson for about six months—I left him about two months ago—he then carried on business in the same place, in St. Thomas the Apostle—he had a pretty fair trade—I know Ell by having seen him at Nicholson's—he was there once every day all the while I was there—when he came he generally spoke to Mr. Nicholson—I had not an opportunity of hearing what they conversed about—it was generally in whispers—he used not to stop very long—there was no particular time when he was in the habit of coming, different hours—I do not know of any dealings between Mr. Nicholson and him—Nicholson kept books of the things he purchased—I heard of Mr. Nicholson being taken into custody the day afterwards—I went to his house on Friday, the 2nd of May, because Mrs. Nichohon wanted to see me—I saw her, and in consequence of what she said I went to Giltspur-street Compter—I there saw Mr. Nicholson, and he asked me if I remembered going to a sale and fetching some things away—I said I did—he then said that the paper Mr. Magnay had seized I had brought from the sale, and he wanted me to go on the following Tuesday to Guildhall to swear to that paper—I said I would—I had no paper at that time shown to me, nor had I seen any—I meant I would go, not that I would swear to the paper—he asked me if I would go on the Monday and help Mrs. Nicholson's brother take the stock of what was in the shop, and he would pay me for my time—the sale which I remember fetching the paper from was at Price's, in Chancery-lane—I had left Nicholson six or seven weeks when he sent for me—the sale took place nearly two months before I left him, nearly three months before I had this conversation with him—I fetched the paper from Price's by desire of Mr. Nicholson—he was at home when I brought it home—I did not examine it at all—I do not know that he knew whether I examined it or not—it was tied up in parcels—I did not open it in his presence—it was put away with other papers—I cannot say who put it away, I think it was Mr. Nicholson—the paper that I brought had a common wrapper on it—I think it was demy—it was either post or demy—post would not be letter paper in the folio—this paper is demy—post is rather smaller—I do not think they were brown paper wrappers round the paper I brought—I have no distinct recollection about the paper or wrappers—I went up to Guildhall on the following Tuesday, but I was not examined.

Cross-examined by MR. HUDDLESTON. Q. Was Mr. Nicholson in the habit of buying paper at sales? A. Not that I know of before—I have not carried paper from the sale marts to his place—I took a ream of medium paper to Mr. Magnay's to be changed, which had been broken, and I got another ream of medium back—medium is larger than this—Mr. Nicholson used to buy paper sometimes of different makers, and sometimes job lots—he was a ruler and marbler—paper of this sort is sent to be ruled and marbled—he was a binder—when paper is sent for ruling, the good paper is taken off the outside and supplied with common paper to paste against the backs of the books, and the good paper is laid aside till there is sufficient quantity to make up a quire—I am certain the paper I took to Messrs. Magnay's was medium, and not demy.

MR. BODKIN. Q. When about was it you went with the paper to Messrs. Magnay's? A. I do not know, about three months ago—when I went I think I saw Mr. Wickwar—Mr. Nicholson knew of Messrs. Magnay's warehouse, and of Ell being in their employ.

HENRY ELLIOTT . I am employed in the gaol—the prisoner Ell wore this coat (looking at one) the day he came in custody.

JAMES JOHN DAW re-examined, I remember seeing Ell wear this coat shortly before he was taken—the pockets of it would hold paper—he said he had this coat made on purpose that he might slide half a ream of paper into the pockets.

Cross-examined by MR. HUDDLESTON. Q. Was the boy in the shop when you had this conversation with Ell? A. Yes, in the front shop, not the back.

GEORGE MAGNAY, ESQ . re-examined. Q. Were there any purposes in your trade in which it was necessary for Ell to have pockets to carry half a ream of paper? A. No—I knew I e had this coat—it was not made for the purpose of carrying paper to the Stationery-office—I knew nothing about his having these pockets.

COURT. Q. Did you ever send out reams or half reams? A. Yet, occasionally, by the wagon or the boy, and sometimes a sheet—Ell may have shown me a sheet occasionally that he has brought from the Stationery-office.

Cross-examined by MR. HUDDLESTON. Q. Did you, when you searched Nicholson's place, take his books? A. I am not quite certain—the officer has everything in charge—I do not remember that I have seen his books since—I do not think I have looked over them, to the best of my belief I have not seen them—I saw various things at the station-house—the officer looked through the books, I did not—I looked through the invoices—I looked through a file of papers at the shop—I did not look at them at the station.

MR. BALLANTINE. Q. Whatever you brought away, is it in custody of the officer? A. Yes.

GEORGE WARMAN re-examined, I remember seeing Ell come to my master's in a coat of this sort.

GEORGE GURNEY . I am landlord of the Ship public-house in Wormwood-street, Bishopsgate. On Monday, the 21st of April, about two o'clock, Nicholson was at my house—he remained about half an hoar—he asked me to go round to Dutton's for a book—I went round for some wafers for myself—when I came back, he asked me whether I had seen Dutton's place in any confusion—I said, "No, I saw no one but the boy"—I told him there was a man outside in private clothes, and the policeman on the beat—I think I told him I believed it to be a policeman in private clothes—Nicholson was in my bar parlour—I have known him about eighteen months, occasionally, not regularly—I may have seen Ell once or twice—Nicholson had never been in my bar parlour before, to my recollection—he would not be seen there by persons passing by, nor persons coming into the house, unless they looked over the glass—after I came back from buying the wafers, Nicholson wished me to go round again, to see whether I saw Mr. Dutton—I went and returned, and told Nicholson I saw the house in the same order as before—he did not say anything to that—he did not tell me why he did not go himself—he said there was a cab standing at the end of the court—that was all he said.

Cross-examined by MR. HUDDLESTON. Q. Did he tell you that Sir William Magnay had searched his house on Saturday? A. Yes, and said it was very hard suspicion should fall on him, for he knew nothing about it.

JOHN LEONARD (City police-constable. No. 496.) I remember the discovery

of these robberies on Friday, the 18th of April—on the 21st I was sent to the houseof atnan named Dutton, at No. 2, Union-court, Old Broad-street—it is a stationer's shop—I saw a man waiting in Broad-street, and I saw a package removed into that house of Dutton's—I stopped it—I did not go into the house—that parcel was afterwards taken possession of by the police, at the instance of Mr. Magnay—after I had stopped that, I sat Nicholson pass the end of the court, and turn round into Wormwood-street—he had an opportunity of seeing me, and the constable on the beat was there, in uniform—I wasin plain clothes—Nicholson turned into Wormwood-street—I followed him, and when I got to the corner, I lost sight of him—there was no other turning he could have taken—he must have gone into some house—there is the Ship public-house which is kept by Mr. Gurney there, which is only a few minutes' walk from Mr. Dutton's—I made a report of what I had seen, and received orders to take Nicholson into custody—I proceeded in search of him, but could not find him—I went into the public-house, but not in the bar parlour—I saw him in about ten minutes, coming up the court by Dutton's—I then took him—I said, "I want you"—he said, "I know that; I saw you in this court as I passed; I also saw you in the public-house, and I concluded you wanted me; it is about this affair of Magnay's"—in going to the station he asked what he was charged with—he said his house was being searched at the time, but they had found nothing, and he was not afraid—I took him to the station, and on the following day I went to fetch him—he asked me if Dutton was in custody—I said I believed he was—he said, "What a d—d fool; I told him some time ago to have nothing to do with Magnay's paper."


12th May 1845
Reference Numbert18450512-1178
VerdictGuilty > unknown

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1178. THOMAS FLETCHER was indicted for an assault.

GUILTY . Aged 24.— Confined One Month.


Before Mr. Recorder.

12th May 1845
Reference Numbert18450512-1179
VerdictGuilty > with recommendation

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1179. JOHN DOWNEY was indicted for feloniously killing and slaying William Bates.

THOMAS LEWELLYN . I am a surgeon, and live in Mount-place, Whitechapel-road. On Wednesday evening, the 23rd of April, I was called on to attend a person named Bates, at his own house, in Black Lion-yard—I found him in bed—I examined his leg, which I found had been dislocated at the ancle, also a fracture of the small-bone of the leg, between two and three inches below the knee, a contusion, another contusion behind the right ear, and another under the left eye—they appeared to have been recently done—I saw him again the following morning, and made a further examination—I found contusions about his chest—he continued in that state—there was a considerable change on Saturday evening—he became quite violent and delirious, delirium tremens—we could hardly keep him in bed—he died on the Monday morning—in my judgment, the primary cause of death was the accident he had received, from the injury which was done to the ancle-joint, and the constitutional consequences arising from it, the effect produced on the system—I think the delirium tremens was the consequence of the injuries he received—he died from the effect of delirium tremens.

Cross-examined by MR. BALLANTINE. Q. There was nothing in the contusions you have mentioned of a serious nature? A. No—the small outer bone of the ancle was broken, and the foot turned right out, even the ligaments—dislocation of the ancle-joint is not, generally speaking, a mortal injury—the proximate cause of death was delirium tremens—that is a description of insanity generally produced in persons that drink freely—it is sometimes brought on by abstinence from liquor, by persons who have been accustomed to a profuse use of it—we are obliged to give such persons stimulating drinks, which we gradually reduce till we can safely leave them off—I knew nothing of the deceased's habits before fait death—I could judge, from the fact of his having delirium tremens, that he must have been given to drink—unless he had been brought to a particular state of health by drinking, I should say a wound of that kind would never have superinduced delirium tremens—I gave him stimulants to avoid delirium tremens—he first exhibited symptoms of delirium tremens on Saturday morning—he was allowed a small quantity of stimulant before that—with a wound of that kind, there is a liability to inflammation—we should be obliged to watch the local symptoms, and it would be a reason for not applying stimulants at all unguardedly—he bad quite sufficient stimulant to prevent the delirium tremens—a wound would not produce delirium tremens, under any circumstances—it need not be produced by abstinence from liquor—even from the first instance there was a twitching, a spasmodic affection of the muscles, from the injury to the foot—he died from the exhaustion produced by the delirium tremens—we could not produce sleep.

Q. Have you the least doubt that that delirium tremens mighthave come on in the event of his having not had that wound, from abstinence from stimulants for five or six days? A. Yes, it might, but it would not have been fatal—I never lost a patient with delirium tremens before—I have had several cases without accident, and never lost one, when taken immediately—the deceased, in his struggles, displaced the ancle-bone again—that would create considerable irritation—I do not consider it had a material tendency towards the fatal result—at that time it did not cause any bad effects—the involuntary spasmodic action of the muscles, actnally drew the joint out of its place again—and during the last day i