Old Bailey Proceedings.
2nd February 1846
Reference Number: t18460202

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Old Bailey Proceedings front matter.
2nd February 1846
Reference Numberf18460202

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Taken in Short-hand by








On the Queen's Commission of the Peace,



The City of London,





Held on Monday, 2nd February, 1846, and following Days.

Before the Right Hon. JOHN JOHNSON , LORD MAYOR of the City of London; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Creswell Creswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; William Thompson, Esq.; William Taylor Copeland, Esq.; Sir Chapman Marshall, Knt; and Michael Gibbs, Esq.; Aldermen of the said City: the Right Hon. Charles Ewan Law, Recorder of the said City; Sir George Carroll, Knt.; John Kinnersley Hooper, Esq.; John Musgrove, Esq.; William Hunter, Esq.; and Thomas Sidney, 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.

Richard Pays

John Ives

George Flowers

Francis Barrett

George Astin

William Bateman

John Burgin

William Banks

William Baker

Henry Bell

John Bank

George Blofield

Second Jury.

Francis Taplin

Henry Alderton

Benjamin Bower, jun.

James Barrow Palmer

William Alexander

John Bell

John Abbey

Joseph Bambridge

William York

Thomas Baylis

Frederick Addis

Samuel Joseph Mellenore

Third Jury.

Job Barker

George Hall Graham

Alexander Cameron

John Atkinson

James Bardolph

Charles Lucy

William Attwater

Charles Berry

John Berry

William Abercrombie

William Grundy

William Banks

Fifth Jury.

James Baird

Joseph Emery

William Burgess

James John Bailey

Edward Renshaw

Thomas Barford

John Allum

Thomas Weston

Thomas Best

Abraham Beadon

Thomas Holyoak Bennett

Thomas Ford

Sixth Jury.

Richard Clever

William Delany

John Ferguson Barrow

John Barool

Joseph Wynn Arnold

Robert Hall Beard

James Brett

George Goodwin

George Michael Barclay

John Archer

Matthew Ash

Thomas Beer.



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, February the 2nd, 1846.

First Jury, before Mr. Recorder.

2nd February 1846
Reference Numbert18460202-472
VerdictGuilty > unknown; Guilty > with recommendation; Not Guilty > unknown
SentenceImprisonment; Imprisonment

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472. JAMES DAWSON, WILLIAM SCOTT , and EDWARD DAWSON were indicted for stealing, on the 15th of Jan., 10 quarts of brandy, value 3l. 15s., the goods of John Ayrst, the master of Scott.—2nd COUNT, of Frederick Hart.

MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.

JOHN BEARD ORAM . I am clerk to Mr. Frederick Hart, a brandy-merchant, No. 64, Lower Thames-street. In Jan. last we had an order from a customer in the country for a cask of brandy, which order we executed on the 15th of Jan.—we employ Mr. Ayrst as a carrier to bring the brandy from the docks to our cellar, and afterwards to take it to the place to which it was to be sent—Scott was the carman of Mr. Ayrst—the brandy is brought from the docks to our door, to be sampled—the instructions were given to Ayrst to fetch the brandy—I did not give them—I afterwards saw Scott on the premises—I did not see the sample taken from the brandy; that was the duty of Smith, the cellarman—I did not see the brandy go from the premises—I know it was at the door—I did not examine the cask till the following morning.

JOHN AYRST . I am a carrier; Scott was in my employ in Jan last. In the course of that month I received an order from Mr. Hart to bring some brandy from the docks to his door, and then to the docks again, to go to Newark—I employed Scott on that occasion—I saw the hogshead of brandy in the cart some time after it came from the docks—Scott was then with it—another of my men was standing close by the cart, but Scott was in charge of it—I did not examine the cask to see if there were any holes in it—Scott was standing by the side of the cart for some little time after it came from the dock, until the cask was sampled, and the order given to take it away to its destination—it was sampled at Mr. Hart's door.

WILLIAM VALE . I am under-cellarman to Mr. Hart. I remember this cask of brandy coming to the door—Scott had charge of the cart—I sampled the brandy at the door—I took out the bung for that purpose—I then saw the cask bunged up again, and put a tin plate over the hung—it was Mr. Hart's brandy—I rolled the cask over, looked at it, and saw no holes then—I saw the cask afterwards, when the policeman had it; it then had two gimlet holes in it—I can swear those holes were not in it when I sampled it—Scott went away with the brandy.

Cross-examined by MR. PAYNE. Q. Was not Smith the person who did all this? A. No; I took the sample, and gave it to Smith—that took place in the street, about six o'clock—I put a direction on it—Smith was in the warehouse.

GEORGE HYDE (City police-constable, No. 516.) On the night of the 15th of Jan., about seven o'clock, I saw a cart in Lower Thames-street—Scott was with it, and Edward Dawson was with him—Lower Thames-street is in a direction between Mr. Hart's and Jolly's warehouse—when I first saw them the cart was standing at Mr. Hart's door—Dawson was not speaking to Scott against the door, but some short distance away from it—I watched the cart when it went on, and Scott with it—I did not see Edward Dawson then—I went round and met the cart at the top of Fish-street-hill—Scott was then in the cart, driving, and another man was sitting down in the bottom of the cart, who turned out to be James Dawson, who is the father of Edward—I followed the cart into Lombard-street—I stopped there for a moment, and Edward Dawson came past me—he was going in the same direction as the cart was going—it was then on ahead—he saw me, and turned in a different road—I stopped and searched him, but found nothing on him—he then went away—I followed the cart into London-wall—I there got another officer, went and stopped the cart, and got up into it—Scott and James Dawson were then in the cart—I found in it a hogshead of brandy and a pipe of wine—I asked them what they had got there—they made no reply—I felt towards the top part of the cart, and there found a wooden spile, or peg, in the cask of brandy—I felt down towards the bottom of the cart, and found this bladder of brandy lying in the bottom of the cart, and this tin pipe was in a hole that was made in the brandy-cask—it was necessary that there should be a hole at the top of the cask, to give it vent—I then told Scott to drive to the station, which he did—I there searched him, and found this hammer in his pocket—Scott said, "I have only got this hammer; it belongs to him," pointing to James Dawson—Dawson could hear that—he said nothing to it—I afterwards went back to the place where I had stopped the cart—I searched about there, and found these two gimlets in the road, and these four wooden spiles—one gimlet is large, and the other small—the large one is about the size of the tin tube that fits the bladder, and the small one is the size of the place where the spile was—I compared the two with the two holes, and found them to correspond—I afterwards showed the same cask to Vale—I had seen Edward Dawson that day, but not in company with Scott—it was about the middle of the day.

Cross-examined. Q. You never saw him in the cart? A. No—the cart was on Fish-street-hill when I saw the man sitting in it—I lost sight of the cart after that, I should say twice, while turning round the corner—I should say London-wall, where I stopped the cart, is about a quarter of a mile from Fish-street-hill—they went down Finch-lane and Broad-street—I found nothing on James Dawson, nor did he say anything to me.

MR. ORAM re-examined. The value of the brandy in the skin is about 35s.

RICHARD SMITH (affirms.) I am cellarman to Mr. Hart. I saw some brandy brought by Scott to Mr. Hart's door—I saw it again afterwards with the two gimlet-holes in it—it was the same cask I had previously seen in Scott's cart—I should suppose the brandy was the property of Mr. Hart—it was brought there to be sampled—that is the general course of business—Scott brought it to me as Mr. Hart's brandy.

Cross-examined. Q. You did not see it sampled? A. No—I know it was marked F. H. 2 grapes, and No. 19—I saw it at the door when it was first brought up—I saw the sample taken, and had it in my possession—I belong to the Society of Friends—I am not a member—I have been, and still retain the sentiments, and object to taking an oath—I believe my solemn affirmation is equal to any oath—I now go to church occasionally, and sometimes to meeting—it is perhaps ten years since I left the Society—it may be twenty.

MR. HUDDLESTON. Q. Do you consider the affirmation you have taken binding on your conscience? A. I do—I saw the mark on the cask when it was brought there.

Scott's Defence. I did not do it; I was in the cart at the time it was done; I had nothing about me to do anything of the kind.

(Scott received a good character.)

JAMES DAWSON— GUILTY . Aged 50.— Confined Eighteen Month.

SCOTT— GUILTY . Aged 34.—Recommended to mercy.— Confined One Year.


OLD COURT.—Tuesday, Feb. 3rd, 1846.

Second Jury, before Mr. Recorder.

2nd February 1846
Reference Numbert18460202-473
VerdictNot Guilty > unknown

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473. WILLIAM BRIDGE was indicted for stealing, on the 9th of Jan., 1 coffee-pot, value 3s.; the goods of Richard Drummond Passmore, in a vessel in a port of entry and discharge.

JOHN SAYN . I am constable of the London Docks. On the morning of the 9th of Jan. I opened the gate at Wapping at seven o'clock, and found the prisoner inside, waiting to be let out—this coffee-pot stood by his side—he took it up, and was going out with it—I asked him for the pass—he said it did not require a pass, he had brought it from his own ship, the Caroline—that the ship and pot were his own property—I said I did not believe it, and if he brought a regular pass I would allow it to go—he said, "Why are you so particular as to stop me with it?"—I said, "I will allow you to go out, but when you return you cannot come in again"—he said, "What authority have you to stop me?"—I said, "The order of my superintendent"—I said, "I think your name is Bridge?"—he said, "Yes"—I said, "You have been convicted before"—he said, "Oh I will soon set the matter right; I will take the vessel out of the dock in the course of the day"—I allowed him to depart—he came back and said, "I want the coffee-pot, I have a bill and receipt"—I said if he would satisfy me it was his I would allow him to go—he then said I was mistaken, his name was not Bridge—I enquired of the agent, and found he was ship-keeper of the Caroline—I went on board, and the prisoner came on board while I was rummaging the vessel—I took him into custody.

Prisoner. It leaked, and I was taking it to be repaired. I did not say the ship was my own. Witness. He did distinctly.

RICHARD DRUMMOND PASSMORE . I live at St. Katharine's Dock-hotel, and

am master of the brig Caroline, which laid in the London Docks some weeks ago. I put the prisoner in charge of the brig as ship-keeper, at 2s. 6d. a day—a coffee-pot is missing from the pantry of the ship—this is very much like it—it is the same size and shape exactly—it does not leak, and does not want repairing.

Prisoner. Moses and Levy hired me to keep the ship; if anything was lost I was to be answerable from my wages. Witness. I engaged him—I find a deficiency in the stores of coffee and sugar, and five or six cwt. of biscuit—that loss must have occurred while he had charge of the vessel.

Prisoner's Defence. Captain Passmore was out of the ship at the time I was there; I was authorized by Moses and Co. to pass things out of the ship, and sent a great deal of luggage away; the steward of the ship left the state-room unlocked, and I found Captain Passmore's watch upon the floor; I hung it up in the state-room, and locked the door; when the captain came on board I gave him the key, and showed him where his watch hung; my wife was on board, and she said the coffee-pot leaked; I said I would take it out and get it repaired; the handle was loose; when the officer stopped me I said I was going to get it mended, and as I had passed several things from the ship I thought I had a right to pass this; I went to breakfast, and afterwards heard the constable was waiting on board the ship for me; I directly went on board.

JOHN SAYN re-examined. The pot does not want repair—he said it leaked at the spout, but it does not.

CAPTAIN PASSMORE . I did find my watch. NOT GUILTY .

2nd February 1846
Reference Numbert18460202-475
VerdictGuilty > unknown; Guilty > unknown

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475. HENRY ARNOLD and RICHARD NOWLAN were indicted for stealing 1 handkerchief, the goods of George John Circuitt, from his person,

WILLIAM JOHNSON . I am fifteen years old, and live in Dobbin's-court, Monk well-street. I was at Smithfield-bars on the morning of the 20th of Jan., and saw the two prisoners behind the prosecutor—Nowlan put his hand into the prosecutor's pocket and took a handkerchief out—he put it under his coat—Arnold was quite close to him, and could see what he did—they directly turned round and walked away together down towards Field-lane—I told the prosecutor, and pointed them out, going towards Holborn.

GEORGE JOHN CIRCUITT . I live at Woburn, Bedfordshire. I was staying at Perry's-place, Oxford-street—Johnson gave me information, and I went down King-street—he pointed the prisoners out—I lost sight of them just at the corner towards Farringdon-street—I described them to a policeman—I have since seen my handkerchief—this now produced is mine.

THOMAS BRADLEY (policeman.) In consequence of information, I went after the prisoners, about half-past eleven o'clock on the 20th of Jan., and found them together in King-street, took them into custody, and charged them with stealing a handkerchief from a gentleman in Smithfield—they said they knew nothing about it—I found this handkerchief under Arnold's arm, just inside his coat.

Arnold's Defence. I bought the handkerchief of a costermonger.

G. J. CIRCUITT re-examined. I know it by the pattern, and am quite certain of it—it is not marked.

ARNOLD— GUILTY .* Aged 19.

NOWLAN— GUILTY .† Aged 19.

Confined One Year.

2nd February 1846
Reference Numbert18460202-476
VerdictNot Guilty > unknown

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476. JOHN FRANKLIN was indicted for feloniously breaking and entering the dwelling-house of John Lomax, and stealing therein 22 coats, value 5l. 12s., his property.

SARAH LOMAX . I am the wife of John Lomax, clothes-salesman, of Dudley-street, St. Giles; we occupy the shop and parlour; other lodgers rent the rest of the house; the landlord does not live in it; our part is separatefrom the rest. We went out on the evening of the 9th of Jan., about half-past eight o'clock—I fastened the shop and parlour doors, and window—we returned a few minutes to nine, and, on unlocking the parlour door, I found a resistance inside—when I pushed it open I saw a man in the room—he pushed the door back, and locked me out—I screamed, and my husband came to my assistance—I afterwards saw the prisoner in charge—I found twenty-two coats, worth 5l.,12s., taken off the shelves in the shop, and put into a bag.

Cross-examined by MR. PARRY. Q. How far is the parlour from the shop? A. It joins it—there are six families in the house.

JOHN LOMAX . In consequence of the alarm my wife gave, I ran into the yard, and saw two persons getting over the wall, and a man getting out of the parlour window—I believe it was the prisoner—I got over the wall, and followed him into the next yard, and found the prisoner on the kitchen stairs of the adjoining house, which I entered at the back door—I took him into my shop, and found these coats packed up in a bag on the floor—they had been taken off the shelves.

Cross-examined. Q. You saw the prisoner in the next house; was that the first time you saw him? A. Yes—he came with me willingly—my wife had screamed out.

SARAH LOMAX re-examined. Q. When you saw the man at the door, did you notice his features? A. I think the prisoner is the same man—he looks different now, as he is differently dressed.

Q. Did your husband bring the same man back? A. I think he is the same man, but I was so dreadfully frightened I could hardly tell—there was a fire, but no candle—he was about ten minutes in my husband's custody before the policeman came, but I was not present during this time.

JOHN LOMAX re-examined. He got out of the window backward—I looked at the window, then went to the parlour door, and told my wife to secure the door—I did not notice his dress—he had on a sort of a dark frock coat when I took him—both the front and back doors of the next house were open—a person might enter at the front doors—I went to speak to my wife before I scaled the wall—I went to her when I saw him getting out of the window—I had to go fourteen or fifteen yards—I cannot exactly say I saw him get over the wall—he could get over by putting his feet on the waterbutt—I do not know that I ever mentioned before about going to speak to my wife.

JOHN PHILLIPS . I took the prisoner in charge. I am satisfied he did not live in that house, as I was on duty in the neighbourhood.


2nd February 1846
Reference Numbert18460202-477
VerdictGuilty > unknown

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477. JOSEPH BARRETT was indicted for stealing, on the 19th of Jan., 4 bottles, value 8d.; and 3 pints of wine, 7s. 6d.; the goods of George Barker.

MR. PAYNE conducted the Prosecution.

GEORGE BARKER . I live at No. 49, Bishopsgate-street; my wine-cellars are in Sweetland-court, under a house which the prisoner occupied under me for some time; he was to leave on the Saturday previous to the robbery. On the Monday afternoon, between four o'clock and half-past, my cellarman came to me—I went with him to the house, and into a closet there, in which

I found one board taken up, and space enough for a man's arm to go into the cellar—there was a bin just under the closet, containing pint bottles of port wine—I miss eighteen bottles from that bin—I went up stairs with my cellarman, and found the prisoner in the top room—he was without his coat, and his shirt sleeves were tucked up—I asked what he was doing there, as he ought to have left on the Saturday—he said he was merely removing a few things—I afterwards went to the prisoner's lodging, in Worship-street—the policeman and my man were there before me—when I arrived the officer pointed out to me five pint bottles, and a hole in the ceiling, from whence he had taken them—four of those I feel confident I can swear to—they had contained port wine—they were wet, and three, if not four of them had the corks forced in, evidently with the thumb, instead of being drawn with a screw, similar to the bottle found in the closet—these are the bottles—I have no doubt they were such as had been in my port wine bin—I have no peculiar mode of corking my bottles—I speak to them from comparing the crust and the smell, the chalk and dirt marks, and I compared them with those left behind, and they corresponded—the wine had been about three years in bin.

Cross-examined by MR. MELLOR. Q. You bottled it at the time the prisoner was your tenant? A. Yes—he has been my tenant more than three years—I speak to the bottles by the smell and the chalk and dirt marks combined—I have no doubt of them—they were not cast especially for me—these bottles, when taken to the station, were all washed by some woman there—this is a genuine crust—these are the ordinary pint bottles in which wine is corked—I thought the prisoner an eligible tenant, but he was not, for last sessions I prosecuted his wife for a robbery, in which I have no doubt he partook—he was an annual tenant—I cannot tell how many persons resided in the house—he had it under his control, and let it out as he pleased—he had no property in the upper room where I found him.

COURT. Q. At the time the bottles were found, there was the wet caused by the wine, the mark of the chalk, and the appearance and quantity of crust that you observed on the bottles remaining in your bin? A. Yes; they corresponded in their size and general appearance—I have not the least doubt they formed part of my stock.

SOLOMON ABRAHAMS . I am a tailor, and lodged in the house in Sweetland-court. Mr. Barker allowed me to remain in the house after the Saturday—between one and two o'clock on the Monday afternoon I saw a light under the stairs—I had never seen that before—I called out, "Mr. Barrett!"—the prisoner answered me—he had been doing something there—he was under the stairs in the place where the hole was made—I saw him come out, and he asked me what I wanted—I told him Mr. Barker had given me leave to live in the house a fortnight—he then went into the cupboard again—between three and four o'clock I went up stairs, hearing a row, and saw the prisoner in the top room—he was then without his coat, and with his shirt sleeves tucked up—I did not take any of this wine.

Cross-examined. Q. What part of the house have you got? A. The first floor—two other men lodged in the house and a few girls, who they kept to work, six altogether—I did not see anything of the prisoner's removed on the Monday—an old man packed up some coals when he was under the stairs—I saw the prisoner removing his property on the Saturday—I do not know whether any remained upon the premises on the Monday—I have been in the prisoner's rooms—I have a table and a chair belonging to the prisoner, which I was to keep for him—I told him I should move in a fortnight—I did not

see part of a mangle left behind—I did not see any matting in the prisoner's hands when I went up stairs—I do not know the taste of port wine—I never tasted it there—I will not swear I have not tasted port wine within the last twelve, or six, or three months—I may have had some to drink—I am not a judge of wine—I cannot swear I have not tasted port wine within the last fortnight—the light I saw was under the stairs—it was through the cupboard door—it is like a coal cupboard—there were no coals there—I have a table, chair, and pair of bellows of the prisoner's, which I gave to his father on Friday—it was between one and two o'clock when I saw the light—the prisoner came there about one o'clock—it was between three and four o'clock that I saw him in the upper room—I then saw the cupboard, and the hole in the floor.

THOMAS BIGGS . I am cellarman in the service of Mr. Barker. On Monday, the 19th of Jan., I was at work in my master's cellar under the house in Sweetland-court, corking bottles—I heard a noise in one of the bias—I immediately jumped up and went towards the bin where I heard the noise, and I saw a man's naked arm, which appeared to come from the coal-cupboard—I had a light with me—I tried to grasp at the arm, but he, having a lath in his hand, I did not succeed—the arm was pulled up immediately, and the lath fell down upon the bin of wine—I immediately ran up stairs, but did not find anybody—I went and told my master, and was not a minute before I came back with him—he was close by—we then went up stairs, and found the prisoner in the top room of the house, which was entirely empty, in the act of stooping with an old bit of matting in his hand, somewhere near the fire-place—he was in his shirt sleeves, which were tucked up just above the elbows—I afterwards went with my master into the cupboard under the stairs—I found a board had been taken up and partly moved—there was a hole which looked into the bin of wine where I heard the noise—I put my arm through, and could reach the bin—it was as much as I could—I brought up one or two bottles—the prisoner's arm is longer than mine—I afterwards went to the house in Worship-street with the policeman—the ceiling there was of board—aboard was pulled down, and in different parts of the ceiling, between the rafters, I found a bottle here and there, with some of the corks pushed in—these bottles exactly resemble the pint bottles in Mr. Barker's cellar in all respects—they have since been washed.

Cross-examined. Q. Is not the cupboard situated at the end of the passage? A. Yes—it is open to all the persons in the house—the prisoner occupied the cupboard with coals—it had been used at a coal-cupboard, I believe, but there were no coals there then—it was a bit of old matting that I saw the prisoner with—I saw Abrahams when I came back with my master—he was down in the bottom room, and asked what was the matter—I should say about five or seven minutes elapsed from my seeing the arm to my going up into the upper room—it was not ten minutes—Abrahams appeared as if he had been working at his business—I rather think he was in his shirt sleeves—I will not be certain whether he was.

MR. PAYNE. Q. Do you recollect anything about how he was dressed? A. No—I took no particular notice of him—he was dressed as he was sometimes when he was tailoring.

HENRY FINNIS (City police-constable, No. 633.) I went with Biggs to No. 2, Sweetland-court, on Monday, the 19th—the cupboard under the stairs was pointed out to me—I discovered an empty pint bottle there—there was a board in the cupboard, and a hole by the side of it—it was such a hole as a person's arm could go through—I afterwards went to No. 29, Worship-street, to search the prisoner's lodging—he told me himself it was his lodging—I

searched there, and found five bottles between the ceiling and the flooring of the kitchen—these bottles were shown to Mr. Barker in the state in which they were found, and he recognised four of them—some of them have been washed—here is one that has not been washed.

COURT. Q. Did you notice whether the bottles were wet? A. One was wet, which was found in the cupboard—I drained about a tea-spoonful fromit—I could not drain anything from those found in the ceiling—I smelt them—there was a smell of wine in all of them—I am no judge of wine—there was crust on the bottles—they have been carried backwards and forwards in a handkerchief to the Mansion-house, and the dirt has been rubbed off.

MR. BARKER re-examined. There are, no doubt, thousands of bottles of this shape and make—it is usual for port wine bottles to have whitening marks on them—I can conscientiously swear these bottles contained my wine, for these reasons, they precisely correspond with the bottles in the bin, and they have the same chalk and dirt marks, and the same smell—the chalk mark is not put on with a machine—one of my men has a peculiar mode of doing it, and he has been in my service eight or nine years—he places a number of bottles together, takes a brush, and daubs them all over backwards and forwards, and another cellarman does them in a different way—I will not swear other wine-merchants have not their bottles whitened in the same way—I am convinced these are my man's doing—the crust in these bottles is precisely the same as in the bottles left in the bin—I will not swear there are not thousands of bottles with a similar crust—there may be wine of the same smell, vintage, and colour—I have no doubt at all of the bottles being mine; and one strong reason for my saying so is, finding one bottle in the closet, which had not been long drawn, that exactly resembled these.

COURT. Q. Was the wine binned with laths? A. Yes—I am not aware whether there was a key of the coal-cupboard.

SOLOMON ABRAHAMS re-examined. I know nothing of the prisoner's removing any coals that day—the old man removed some from another part, but not from the coal-cupboard—there were no coals in the cupboard that day.

HENRY FINNIS re-examined. The prisoner told me that No. 29, Worship-street was his lodging—I went there, and after looking all round the room, and not finding these bottles, I saw a hole in the ceiling of the kitchen, and, with the assistance of Biggs, I found these bottles—a board eight feet long had been removed in order to place them there—it did not appear recently done—a Mr. Draper keeps the house—I found the prisoner's mother in the kitchen—she lives with him—the father came in afterwards—I do not know when the prisoner took possession of this lodging—he had quitted the other place on the Saturday.

GUILTY . Aged 36.— Transported for Seven Years.

2nd February 1846
Reference Numbert18460202-478
VerdictGuilty > pleaded guilty

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478. FREDERICK TYLER RUSSELL was indicted for forging and uttering an order for 55l., with intent to defraud the Governor and Company of the Bank of England; to which he pleaded

GUILTY . Aged 22.— Transported for Fifteen Years.

2nd February 1846
Reference Numbert18460202-479
VerdictGuilty > unknown; Guilty > lesser offence

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479. THOMAS FORSTER and JAMES DIPPER were indicted for breaking and entering the dwelling-house of Magnus Johnson, at St. Dunstan Stepney, and stealing 1 work-box, value 10s.; and 1 tea-caddy, 5s.; his property.

SARAH JOHNSON . I live with my father, at No. 10, Friendly-place, in the parish of Mile-end, or Stepney, I cannot say which. On the 30th of Dec., about one o'clock in the day, I was up at the first floor—my

attention was called by a knock at the street door by the beer-boy—I answered him from the window—I noticed two persons standing talking by the parlour window—a boy came up and talked to them for a few minutes, and they then walked away—they were a very few minutes under the window—I noticed them—the prisoners are the two men—I went into the back room, staid for about ten minutes, then came down, and found the parlour window open—it was shut down closely when I went up stairs a quarter of an hour before—I missed a writing-desk and tea-caddy from a table at the further end of the room—there was the print of a footmark on a chair inside the window—the box contained several articles for work—the house is in a passage leading from Ben Jonson's-fields to White Horse-lane—there is no house opposite—the footmark appeared to be from a boy's foot, about the size of the boy who was talking to the prisoners—the inspector brought the box to me afterwads.

Cross-examined by MR. PRENDERGAST. Q. Where was the beer-boy? A. Next door when I answered him—I did not shut the window directly—I looked out each way, and saw the prisoners walk twenty or thirty yards from the house—I saw both their faces, as they looked me in the face when I answered the boy—Dipper looked up at me, and the other stood opposite me—I had a better look at him—I never said I believed Dipper was one, but I did not know the other, he looked like him—I do believe them to be the men, and swear they are the persons—I saw them in custody on the 2nd of Jan.—I believe and know them to be the men—I know Dipper best, but have no doubt of the other, and swear positively to them both—I noticed the figure of one more than his face—I saw the boy's face also—he looked up—I knew the prisoners again when I saw them.

COURT. Q. Did they all look up at you? A. They did—I certainly saw both the prisoners' faces.

CHARLOTTE WILLIAMS . I am the wife of Thomas Williams, of No. 8, Friendly-place, next door but one to the prosecutor's. On the 30th of Dec., a little before one o'clock, I was in my parlour, about two yards from the window, and saw the prisoner Dipper—he came and looked over the blind into my room—I had a good view of him—I went to the street door directly to look after him, and saw him turn round two houses beyond, to a piece of waste ground, and the boy and Forster walked on a few steps, and stood, talking together, twenty or thirty yards from the prosecutor's house—I went to the door again in a few minutes, and saw the three loitering about the street—the youth was playing with something, and they were looking about, as if waiting for somebody—I was in the parlour a little after one o'clock, and saw the two prisoners go by—Dipper had a box—they came in a direction from Johnson's house, and returned the same way—I saw the two prisoners, but did not go to see if the boy was there—the box was a lightish yellow wood, and had a handkerchief partly over it—he was in the act of covering it—it was the colour of the box produced—I have no doubt of the two prisoners—I noticed them particularly, and their neck-handkerchiefs were exactly alike, blue with white spots, and the boy had a handkerchief of the same colour.

Cross-examined. Q. You call that a yellow box? A. k yellowish cast—I went to the door, as my children were playing about—we have very few people come down there; it is a very dirty place—I am sure they all three had handkerchiefs with blue and white spots—the handkerchief covering the box was a kind of red and brown—I had never seen the prisoners before—I do not know what parish the house is in.

WILLIAM HOWARD . I live in Lark-row, Hackney. I saw ifie prisoners

in Green-st., Bethnal-green, with a little boy, on this Tuesday, after two o'clock—Dipper had a box tied in a handkerchief—I saw him come along the street with it, and saw him untie it, and put it behind the paling—I saw Dipper tear some papers up, and throw them about the street—I found the box by the riding-school in the neighbourhood, a few minutes after I saw him put it behind the paling—I gave it to the policeman.

Cross-examined. Q. Do you go to school? A. Yes—I am thirteen years old—I was behind the prisoners—I do not know whether they saw me looking at them—I waited ten minutes, till they went away, before I took the box—I saw all their faces—they looked me in the face, all three of them—the box was in a red handkerchief—it was all red—I had never seen them before—I swear they are the men.

WILLIAM BEAUMONT (police-constable K 298.) I apprehended the prisoners, in company with a female, on the 1st of Jan.—they were all together—as soon as they saw me, Dipper went down a street, and Forster crossed over to the other side of the way, in Charles street—the female remained where they had been—I found a tin lucifer-box on Forster, and a knife on Dipper—Dipper had knocked at three different doors—the second door he knocked at he asked for the name of Nightingale—the servant told him to go to the corner shop to inquire, but he crossed and knocked at another door, then went and met Forster at the end of the street—the prosecutor's house is in the parish of St. Dunstan, Stepney.

Cross-examined. Q. Is it not in Mile-end? A. I believe they call the parish St. Dunstan, Stepney—it is part of the hamlet of Mile-end—I believe part of the hamlet is not in Stepney parish—that is all I know about it.

THOMAS CROUCHER (police-sergeant K 104.) On Tuesday morning, the 30th of Dec., I was on duty in Bethnal-grecn-road, about half-past three o'clock—Howard gave me this box—he took me to a house in Green-street, where he had left it—I believe Friendly-place is in Stepney parish, in the hamlet of Mile-end.

Cross-examined. Q. How do you know anything of the parish? A. I have lived in the neighbourhood two years—I do not know whether part of Mile-end is not in Stepney parish—I believe Friendly-place is in Stepney parish—I have heard so on different occasions—I have not been told so personally, but I have heard so—I have heard it argued on several occasions, in the street in Mile-end.

COURT. Q. Is your beat confined to any particular parish? A. To Bethnal-green, Mile-end, and Stepney—I do not know whether all Mile-end is in Stepney parish.



of Larceny only. Confined Six Months.

2nd February 1846
Reference Numbert18460202-480
VerdictGuilty > with recommendation

Related Material

480. EDWARD WILLIAM EDWARDS was indicted for stealing, on the 6th of January, at St. Andrew, Holborn, 1 cash-box, value 2s.; 16 half-crowns, 60 shillings, and 40 sixpences; the property of John Edward Creevy and another, in their dwelling-house.

JOHN EDWARD CREEVY . I am a licensed victualler—I live at No. 100, Holborn, in partnership with Samuel Creevy, my brother. On the 6th Jan., the prisoner and others were in my bar-parlour—I knew them all before, except the prisoner—the prisoner left about three in the morning—I had asked the parties he was with to sit up with me for the sake of company, and I thought he knew them—about half an hour after he was gone I missed a tin cash-box from behind the sofa in the room—it contained various sorts of papers, about 6l. in half-crowns, shillings, and sixpences, and a 5l

. note—the prisoner had been sitting on the sofa part of the time, and in various parts of the room—I know the box now produced by the papers in it—I lost such a cash-box—the money is all gone—the house is the dwelling-house of myself and brother, And in the parish of St. Andrew, Holborn—my license and other papers are now in the box.

Cross-examined by MR. BALDWIN. Q. At what time did you first see the prisoner? A. About eleven o'clock, on the first floor landing—there was singing and a pianoforte in the first floor room—I have no music license—I first saw him in the bar-parlour about half-past twelve—there were six or seven persons in the room with him—I knew them—they all left before the prisoner, except Dr. Dryden—the prisoner was talking to the others at if he knew them.

THOMAS BRADLEY (City police-constable, No. 269.) On the 7th of Jan., about nine o'clock in the evening, I went to Nevill's-court, Fetter-lane, with the prisoner's father—Mrs. Skey opened the first floor front room with a key—there was nobody in the room—on searching I found this cash-box between the bed and sacking—the lock was broken—these papers were in the box, but no money.

Cross-examined. Q. How did you search the room? A. I turned the bed up the first thing, and found the box—that was the whole of my search.

SUSANNAH SKEY . I am a widow, and keep the house 7, Nevill's-court, Fetter-lane—the prisoner's father took the first floor front room for his son, as he had friends coming from the country—the prisoner lodged there a week and four days—he was in the room the morning the officer came, but was out at that time—I unlocked the door and saw the box found—I think the father suggested that the bed should be searched—the prisoner went to the father's in Bartlett's-buildings in the day time—I believe he is a very respectable man, and a fancy box-maker by trade—the prisoner merely slept there, and left the key with me to make his bed.

Cross-examined. Q. You have other lodgers in your house I suppose? A. Yes.

RICHARD HUBBERT (police.) On the 8th Jan. I went to the Adelphi wine-rooms, Strand, about two o'clock in the morning—I apprehended the prisoner there—I told him I look him on suspicion of stealing a cash-box—he said he knew nothing about it—I took him to the station, and found three sovereigns and five half-crowns on him.

(The prisoner received a good character.)

GUILTY . Aged 17.—Recommended to mercy by the Prosecutor and Jury. Confined Six Months.

OLD COURT.—Wednesday, February 4th 1846.

Third Jury, before Mr. Justice Williams.

2nd February 1846
Reference Numbert18460202-481
VerdictGuilty > pleaded guilty

Related Material

481. HENRY BUSHELL was indicted for feloniously uttering a forged, order for the payment of 375l., knowing it to be forged, with intent to defrand Henry George Francis Moreton Earl of Ducie; to which he pleaded

GUILTY .—Aged 30.— Transported for Fifteen Years.

(Richard Bushnell, of Mason's-yard, Duke-street, St. James's, deposed to his good character)

2nd February 1846
Reference Numbert18460202-482
VerdictGuilty > unknown; Guilty > unknown; Not Guilty > unknown

Related Material

482. THOMAS RUSSELL, ANN RUSSELL , and JAMES SCOTT , were indicted for feloniously making two counterfeit shillings.

MESSRS. BODKIN and ELLIS conducted the Prosecution.

WILLIAM PENNY (police-inspector G.) On the 28th Jan., about

half-past four in the afternoon, I went with Brannan, Cole, and two other officers, to a house in John's-buildings, St. Ann-street, Westminster—I tried the door, and could not open it—I consider it was locked—I then forced it open, with the assistance of the other officers—the house consists of two rooms—we went to the upstairs room, and found that door fast—I found it was fastened with this wooden cross-bar across the door—this larpe piece of timber about eight feet long was fitted into it, and went in a slanting direction to the wall—the door was broken open by Brannan with a sledge-hammer—as soon as a piece of the door was knocked out I had a full view of the room—I saw Thomas Russell throw a quantity of shillings into a large clear fire—I could see they were shillings—the prisoners were in the room—Ann Russell had a mould in her hand at the time, which she put into a pail of water in front of the fire and squeezed it—the door then came in, and we rushed in—I put my hand into the pail of water and took out a shilling, and some plaster of Paris which she had in her hand—I then commenced searching the room—under the bed by the I found a paper parcel containing plaster of Paris in powder, and this knife on the floor close to the fire with plaster of Paris on it—on a kind of dressershelf I found this galvanic battery in a jar containing fluid, which in the affray was accidentally upset—I had it in my hand before it was shirt, and it was quite full—the male prisoners had their coats off, and their shirt sleeves rolled up—I did not see Scott till I entered the room—he was in the corner of the room where the bed was—when I entered, Thomas Russell was Just in front of the fire, and Scott was in a kind of place where the bed was—Russell had a handkerchief tied round his head—I ascertained the state of the door after I got in—I produce the things I found.

Cross-examined by MR. CLARKSON. Q. Had you any search-warrant? A. No—I did not expect to find a galvanic battery—I had arranged beforehand the time to go—I had not been in communication with any one for a few days before this, nor at all, only with the Mint authorities—I had not been speaking to any private individual relating to this case—I had had an interview with the authorities of the Mint about ten or eleven o'clock in the morning of this day—I was informed of the time at which I was to go—I took the sledge-hammer by my own arrangement—I anticipated fastenings both to the outer door and to the room up stairs—there always are on these occasions—I did not expect the bars, nor had I any idea of finding a galvanic battery—I was not informed who would be there—I expected Russell and his wife, or the woman that passed as his wife, would be there—I had not been in communication with anybody from the house recently before this, nor ever in my life, nor was I ever near the house before—I had never seen this bag of plaster of Paris till I brought it away—I had never seen Ann Russell before—I expected to find the man and his wife in the room from the information I had received—the information I received was from Her Majesty's Mint—I expected, from the information I received, that if I went there at half-past four I should find Russell and his wife manufacturing bad shillings—it was considered that would be about the hour they would be at work making this counterfeit money—no stranger or private individual was introduced to me on the subject—I would not have spoken to a private individual about it—I believe the information came to me first—I have letters to attend at the Mint occasionally—I think it was Brannan that went first to the Mint.

Cross-examined by MR. PAYNE. Q. Who went into the room first? A. I and Brannan went in abreast as the door came open—Brannan could not see so much as I did, because he was breaking the door at the time—we had equal opportunities of seeing when we went in—we were all together—it

was a very small place—we left one officer outside, but he was up in the room in moment afterwards—I saw Scott the moment I went in—I had the galvanic battery in my hand as I was searching about the place, and it was accidentally; upset as I was stooping—some of the stuff went on my shoes, and I was afraid it would burn me—it was a kind of yellow stuff—it was all spilt, but I have a sample of it in a bottle.

Q. How long ago is it you first heard anything about this man and his wife? A. Upwards of fourteen months—I have been to all parts of London after them.

COURT Q. How many of the shillings appeared to be thrown into the fire? A. I should say a handful—part of them ran through the grate—I expect part of them went into a saucepan which was on the fire, full of metal in a fluid state—there was about 15lbs.—I could see they were shillings—I was not so far off as I am from the bench—I had a great piece out of the door, and I had a full view.

JAMES BRANNAN (police-sergeant G 20.) I accompanied Penny and other officers to this house—I broke open the door with a sledge-hammer-after I had broken a panel out I could see into the room, and I noticed the female prisoner with something white in her hand which I believe to be a mould—her hand was in a pail of water—I also saw Russell, and both his hands were covered with plaster—I succeeded in breaking the door open, I should say not half a minute after, a very short time indeed—I went up to the woman—the took her hand out of the pail of water—I took hold of her hand and found, in it this piece of plaster with some metal—it was very hot—she at the same time dropped this shilling out of the same hand on a table—it was covered with plaster—the shilling was cold but the plaster and metal very hot—I took possession of them—Thomas Russell was also standing at the pail at the time I gained access—I immediately seized and secured him, and gave him over to Turpin—the fire was large and clear—this iron saucepan was on it—it contains from 12lbs. to 15lbs. of metal, which was in a fluid state—i found a quantity of white metal, which I produce, not inside the fender, but just in the corner of the chimney jamb—I did not take any notice of Scott.

Cross-examined by MR. CLARKSON. Q. You took a sledge-hammer with you? A. I did—I have been engaged in matters of this sort before—I have taken a sledge-hammer before, but have not used it—I expected there would be barring of doors, not of the lower door—there were no bars to the lower door—it was shut—the resistance I found I expected—I expected to find coming implements—I did not expect to find a galvanic battery—I cannot say what I expected to find—I cannot say whether I expected to find a galvanic battery—I had not been informed there was a galvanic battery, that I swear positively—I received information from the solicitor to the Mint—I had parted with him that morning—he wrote to me at first in the usual way—I had no information from any private individual—the letter stated the time at which we were to go—I do not think I have that letter by me—I have three or four letters from Mr. Powell—my time was appointed—the letter said nothing about a galvanic battery, nor did it say they would be at work at half-past four o'clock—no time was fixed—we were to remain in attendance—we remained in attendance about an hour and a half—we were at the Green Man public-house, close to Westminster Sessions-house, and there I staid till about half-past four—nobody came to tell me all was ready—I watched a certain signal, which was a chalk mark on the iron gate before the Westminster Sessions-house—when the chalk mark was made I was to go—I did not see anybody make the chalk mark—I was in the public-house,

and I went backwards and forwards to the place to are if the mark was there, and when it was I proceeded with the other officers to the place named—the arrangement was that I was to wait till I saw the mark on the gate—I did so, and then proceeded forthwith—that arrangement was a communication from Mr. Powell—my information stated there would be a chalk mark made—I do not know that this inquiry has been set on foot by an old offender—I do not know who gave the information—I think it comes from somebody that must know something about it—I cannot say whether he has been convicted or not, because I do not know the person.

COURT. Q. What other persons were there in the house? A. In that apartment only the three prisoners—I saw nobody but them in the house.

ROBERT COLE (police-constable G 4.) I accompanied Penny and the others, and found the prisoners in the room—I was present when Brannan broke open the door, and I followed the officers into the room—I took charge of the female prisoner—she was taken from a pail that was standing before the fire by Brannan, and given into my custody—while in my custody I perceived she had something in her hand—I saw some plaster of Paris, some metal, and a shilling taken from her hand by Brannan—I found on a table, standing before the fire, a small file, with a small portion of white metal in its teeth—under the grate I found various pieces of metal—one is a round piece, bearing somewhat a resemblance to a shilling—it appears to have been melted—I found a box in the room, at the foot of the bed, and in two separate parcels thirteen large Britannia-metal spoons—I have produced all that I have mentioned.

HENRY TATE (police-constable G 136.) I accompanied Penny and the others—when I got into the room I seized Scott—he was stooping before the fire—I secured him with the others—in front of Scott I saw this ladle, with metal in it in a fluid state—I found this plaster of Paris in a paper bag in the room, and this pair of scissors on a chair close by where Scott was standing.

HENRY TURPIN (police-constable G 119.) I accompanied the other officer on this occasion—I produce two spoons, which I found on the chimney-piece, and a bason with some plaster of Paris in a bag.

HENRY BELLAMY . I keep the house in John's-buildings, St. Ann-street, where the officers went I am a labouring man at a gas factory—I know the room the officers broke into—the prisoners Thomas and Ann Russell lived there—the female took the room in the early part of Aug.—they continued to occupy it down to the time of the officers coming—I know Scott try sight—I never saw him on the premises—I have seen him about the neighbourhood, and have passed him once, twice, or thrice a week—I have no farther knowledge of him.

Cross-examined by MR. CLARKSON. Q. Did the female take the room as the wife of the man? A. Yes, and has lived with him ever since as his wife—I was never in their room since they have occupied it, until I heard the constables making a noise up stairs—I then went in—I knew nothing of their proceedings—Scott did not reside there—I am out all day, from half-past five or six o'clock in the morning till half-past five or six at night—I know nothing about what visitors came—I am married—my wife is not here—I never noticed any person go up or come down—I occupy the other room myself.

MR. JOHN FIELD . I am inspector of counterfeit coin to her Majesty's Mint. (Looking at the articles produced)—this is a counterfeit cast shilling in an unfinished state, and appears just as it comes from the mould when first cast—here is another counterfeit shilling in the same state, with the get at

tached to it—here are a variety of other articles which I have examined, all applicable to the means of casting counterfeit money, by a mould made of plaster of Paris—this metal appears to be Britannia metal, which it what is generally used—here is some metal which has been fused, and among it appears something like the impression of a shilling partly melted.

COURT. Q. What has the galvanic battery to do with it? A. It has nothing to do with the coining of money—it might be employed for the purpose of plating the counterfeit money after it is cast, but it might be employed for other purposes as well—the expense of plating money by such meant it very trifling—I have seen a great quantity of counterfeit money covered by means of a galvanic battery—it is most generally done so now—it is what is called electro-plating.

JAMES BRANNAN re-examined. I cannot say whether the landlord or landlady were at home when we went—we rushed up stairs so quickly it it impossible for me to say—the landlord came into the room afterwards, while we were there.

HENRY BELLAMY re-examined. I was not at home when, the officers came, nor was my wife—she goes out to her daily work—I had no servant or anybody on my premises, except the prisoners.


SCOTT— GUILTY . Aged 32.

Transported for Fifteen Years.


Before Mr. Justice Cresswell.

2nd February 1846
Reference Numbert18460202-483
VerdictGuilty > unknown

Related Material

483. MARY ANN FLOOD was indicted for uttering counterfeit coin, she having been before convicted of a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

CALEE EDWARD POWELL . I am assistant solicitor to the Mint. I produce a record of the conviction of Mary Ann Flood—I have examined it with the original—it is correct—(read Convicted the 16th of June, 1845, and confined six months.)

DANIEL LARTER (policeman.) I was present in this Court in lane, 1845, at the trial of Mary Ann Flood—the prisoner it that person—I had apprehended her, and had her in custody.

WILLIAM LYONEL FREESTONE . I am in the employ of Early and Co., silkmercers, Holborn. The prisoner came in between one and two o'clock in the afternoon of the 26th of Dec. to purchase a man's neck handkerchief—she offered me a counterfeit half-crown in payment—I discovered it immediately, and took it to the shop walker at once—it was not out of my sight—I sent for a policeman, and gave her in charge with it, having first marked it—she was discharged at the office.

JAMES DOWSETT (policeman.) I took the prisoner on the 26th of Dec., and received the half-crown from Freestone, which I produce.

SUSAN GOLDSMITH . I keep a pastrycook's shop in Bridge-court, Westminster bridge. On Wednesday evening, the 7th of Jan., between five and six o'clock, the prisoner came to the shop for 1d. pie—she paid me a shilling—I gave her 11d., and the left the shop—I put the shilling into the till, and am certain there was no other shilling there—immediately she left my daughter called out to me—I took the shilling out of the till again—I found it where I had placed it—it was the moment after I had put it in—I saw there was no other shilling there—I took it into the parlour to my daughter—she examined it—it was bad—I put it into the till again, separate from any other money—I gave it to Beckerson, the policeman, next morning—I am sure it was the same.

Prisoner. She said at the office she could not say I was the person. Witness. Yes, I did say so.

MR. BODKIN. Q. Was it after seeing her you said you did not recollect her? A. Yes—I recollect her now—I thought she was the person at Bow-street, and I think so now—that is all I can say.

SUSAN GOLDSMITH , Jun. I am the last witness's daughter. On Thursday, the 8th of Jan., the prisoner came to my mother's shop for a bottle of gingerbeer, which came to 2d.—she laid half-a-crown down—I looked at it directly, and it was bad—a policeman was sent for—Beckerson came, and she was given into custody—I gave him the half-crown—I was in the parlour the evening before, and had a view of the shop—it was the prisoner who came there for the meat pie—I recognised her on Thursday as the person—I called out to my mother directly she was gone, and asked her to let me look at the shilling—I am sure she is the person who came both times.

JOHN BECKERSON (policeman.) I was called to Goldsmith's shop on the 8th of Jan., and received the prisoner in charge—I produce the half-crown which I received from the daughter, and the shilling which I had from the mother—as I was taking the prisoner to the station she said, "You have got me right this time, old fellow; so help me God you have."

MR. JOHN FIELD . Both these half-crowns are counterfeit, and the shilling also—the half-crowns are not cast in the same mould.

GUILTY . Aged 23.— Confined Eighteen Months.

Before Mr. Justice Williams.

2nd February 1846
Reference Numbert18460202-484
VerdictNot Guilty > unknown

Related Material

484. WILLIAM POSTON alias Harris was indicted for uttering counterfeit coin, having been before convicted of a like offence.

MESSRS. BODKIN and DOANE conducted the Prosecution.

CALEB EDWARD POWELL . I am assistant solicitor to the Mint I produce a copy of the record of the conviction of William Poston—I have examined it with the original—it is correct.

Cross-examined by MR. PAYNE. Q. How did you examine it? A. With Mr. Read in the office—he read the record while I looked at the copy—it was read both ways—I did not look at the original—(read Convicted in May, 1841, and confined six months.)

GEORGE ROGERS . I keep a lodging-house in Upper Seymour-street. I was present at the trial of the prisoner in May, 1841, in this Court—I was a policeman at the time, and apprehended him—he is the man I am quite sure.

Cross-examined. Q. Did you know him before? A. No.

FREDERICK CHARLES BREACH . I am in the service of Mr. Batter, a tobacconist, in Cheapside. On the 6th of Jan., between two and three o'clock, I was minding the shop—the prisoner came in (there was a gentleman sitting at the end of the shop, smoking a cigar, during the whole transaction, but he did not leave his seat) the prisoner asked for 6d., worth of cheroots—I served him, and he laid down a good sovereign to pay for them—I proceeded to give him change—I had three half-sovereigns in a little box in a drawer behind the counter—there was no other coin there—I had seen the three half-sovereigns there at eleven o'clock that morning—I took them out to see how many there were, and saw they were all good—I am quite certain of that—I laid the prisoner down one of those half-sovereigns—he could see me open the box, and that there were more half-sovereigns there—I proceeded to get some silver—I saw him take up the half-sovereign which I put down

—he said, "I wish you would oblige me by changing this, for it looks as if it was light"—I took it from him, and put it into the little box on the top of his sovereign, which I had put into the box—I did not examine it to see if it was the same I had given him—I gave him another half-sovereign in exchange, which I also took out of the box—he took it up, then laid down another half-sovereign, and said, "Will you oblige me with all silver for this? I had rather not have any gold at all"—I noticed it, and saw it was a bad one, and am quite sure it was not the one I had given him—I then looked into the box, and found the one on the top of the sovereign as I had placed it, and that was bad—it could not have been the one I had first given him—on finding them both bad, I walked round the counter, shut the shop door, told him he had given me two bad half-sovereigns, and demanded the half-sovereigns of him which I had given him—when I went to the door I had laid the one he last gave me on the glass case on the counter—he stood close to the glass case, leaning against it, and within reach of the half-sovereign—my eyes were off him while I was looking at the first bad half-sovereign—(I had it in my hand at the door)—he said he had no half-sovereign at all about him—that he had had nothing but the sovereign in his pocket—I asked him for the half-sovereign I had given him at first—he said he had no half-sovereign at all about him, that the one I gave him first was the one he gave me back, but when I called the policeman in he said, "Here is the half-sovereign you gave me first," and produced one—that was after he had denied having any about him—I took possession of it, and put it into the box—it is here to-day—I afterwards went to the glass case where I had placed the one he gave me last—it was not there, and I have never found it—the prisoner said nothing about it—the gentleman did not interfere it any way, or leave his seat—I gave the bad half-sovereign to the officer, and the good one too.

Cross-examined by MR. PAYNE. Q. How far off was the gentleman sitting? A. At the back of the shop, which is about the length of this Court—the prisoner stood right facing me when I took the half-sovereigns from the box—he could see into it, as I had the box sideways—about half a dozen customers had been to the shop after eleven o'clock, who paid me 2d. or 1d—Mr. Barker serves sometimes—I did not serve till between three and four—Mr. Barker was at his dinner from half-past one to three—he went out at eleven o'clock that morning for about half an hour—he went out again in about ten minutes after, and did not return till about twenty-five minutes after one—he dined at home, in Bartholomew-close—the prisoner was in the shop about twenty-five minutes altogether, waiting till Mr. Barker came home to give him in charge—the policeman came directly—a gentleman had come for a cigar, I asked him to stand at the door while I went for a policeman, but I was not gone two minutes, as one passed at the time—I can tell bad money, but did not look at the half-sovereign before I put it into the box—there were two there at the time—I looked at the box at eleven o'clock to see if I had any half-sovereigns in it for change, at Mr. Barker was going out, and he generally leaves some.

COURT. Q. There was a good sovereign? A. Yes—I gave that to the officer—I gave the good half-sovereign to my master.

EDWARD ROBERTS (policeman.) I was called into Mr. Barker's shop by the witness, and found the prisoner there—Breach asked him for the good half-sovereign he had given him—the prisoner gave him a good one—Breach charged him with passing a counterfeit one—the prisoner said nothing—Breach gave me the box—I have not got the good half-sovereign—I searched the prisoner and found no half-sovereign on him—I had the sovereign, and gave it back to the prisoner.

Cross-examined. Q. You do not mean to say you gave him back the sovereign he had paid to the witness? A. It was given up at the prison for him, as he wanted refreshment—I understand it was the prisoner's sovereign—the prisoner asked for it, and it was given up—I understood it to be the Lord Mayor's order.

MR. JOHN FIELD . I am inspector of coin to her Majesty's Mint. The half-sovereign produced is counterfeit in all respects.

Cross-examined. Q. Will it ring? A. No, it is less than half weight.


Before Mr. Justice Cresswell.

2nd February 1846
Reference Numbert18460202-485
VerdictGuilty > lesser offence

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485. HENRY OXBURGH was indicted for that he, being in the dwelling-house of Elizabeth Ware, at the hour of two in the night, of the 11th of Jan., at St. Botolph, Aldgate, did steal 230 cigars, value 2l. 16s.; 23 cheroots, 2s.; 1/2lb. weight of tobacco, 1s. 6d.; 1 towel, 6d.; and 1 pair of scales and box, 10s.; her property; and having so committed the said felony, afterwards burglariously did break out of the said dwelling-house; and that he had been before convicted of felony.

MR. RYLAND conducted the Prosecution.

ELIZABETH WARE . I am a widow, and keep the Woolpack tavern, in the Minories. I know the prisoner—I saw him in my tap-room on Saturday night, the 10th of Jan., as late as a quarter to eleven o'clock—I did not retire to rest till one—I was the last up in the house—I went into the tap-room at a quarter to eleven o'clock to survey the room, and saw the prisoner sitting by the corner of the fire-place asleep—I just looked about and went out again—there were three or four more sitting round the fire-place—at a quarter past eleven I sent King, the pot-man, to see whether all the parties were out, and to lower the gas and quench the fire, which he did—I secured the front door before I went to bed—I locked and barred it, and put the key in a secret place under the counter, for my son when he gets up in the morning—I had a quantity of cigars in the bar—I was rung up about half-past six o'clock in the morning by the police—I went down—I found the chain of the front door was unloosed, and the lock taken off and laid on the table, and the bar pushed on one side—the door was open, and a policeman standing at it—I found the front of the bar in great confusion, with papers, cigars, screws of tobacco, some biscuit, and orange-peel strewed about—a decanter of port wine had been drunk, and some shrub drawn from a cask—all the cigars that had been in the bar were gone, between 2lbs. and 3lbs.—I missed some biscuit and loaf-sugar, about half a pound weight of tobacco in screws, and a pair of sovereign scales—I observed hand marks of soot all round the counter—the cupboard and all the boxes that were taken out were covered with soot, even the papers and receipts in the drawer—these marks came from the tap-room fire-place, which was covered with soot, and just at the door he had shaken off a great quantity of soot from his clothes on to the floor—there were also marks of soot all over the outer door—all the tills had been opened, but I had taken my money up with me—there were sooty finger marks in every till.

JAMES KING . I was pot-man to Mrs. Ware. On the 10th of Jan. last I saw the prisoner in the tap-room—he was not there when I lowered the gas and put out the fire—he was there at a quarter after eleven o'clock—I went out a little before that time to shut up the shutters—I then left the prisoner by the fire-side—I was out about five minutes—on going in again I did not find the prisoner there—I then put out the fire and lowered the gas—I saw the state of the premises next morning—the bar was all covered with soot, and the side of the tap-room door.

COURT. Q. Could anybody have got up the chimney before the fire was put out without being burnt? A. No, I should not think they could—I put out the fire after I put up the shutters.

JOHN PECK (police-constable H 87.) On Sunday morning, the 11th of January, about half-past two o'clock, I was on duty in Shorter-street, Wellclose-square, which is about eight minutes' walk from the Woolpack, and saw the prisoner with a bundle—he looked very black, as though he was covered with soot—I asked what he had got—he made no reply—he walked sharply—I told him to stop, and he instantly ran off and dropped the bundle—I sprang my rattle, and saw him stopped by Hanley—I gave instructions to Normoyle, who came up at the time, and I saw him pick up the bundle—I picked up one bundle of cigars myself—I produce the bundle and its contents—I searched him at the station, and found on him twenty-eight screws of tobacco, some pieces of biscuit, and some loaf sugar—I asked the prisoner where he got them—he said he had bought them of a lad, but he could not say whom, or where he lived—he afterwards said they were given to him—he could not give any very satisfactory account of where he got them—I afterwards examined the prosecutrix's premises, and found the marks of soot, as has been described, from the tap-room chimney to the bar, and the drawers were also covered with soot—I did not go there tilt about half-past two in the afternoon.

WILLIAM NORMOYLR (police-constable H 133.) I was on duty near Wellclose-square on Sunday morning, the 11th of Jan., about half-past two o'clock, and heard a rattle spring—I went in the direction, and saw the prisoner taken into custody by Hanley, and Peck in pursuit of him—I went in the direction in which he had run, and found this towel with a quantity of cigars tied up, and a quantity of cigars thrown on the pavement—I afterwards saw Peck find this scale-box near the same spot.

WILLIAM HANLEY (police-constable H 85.) I was on duty in the neighbourhood on Sunday morning, the 11th of Jan.—I heard a rattle spring—I went in the direction from which it sounded, and saw the prisoner—he ran against me, and Peck cried out, "Catch him"—I caught him—I then went round where he had ran, and found the property—he said he had bought them.

JOHM PECK re-examined. The prosecutrix's house it in the parish of St. Botolph, Aldgate—there are two parishes of St. Botolph I believe, St. Botolph's, Aldgate, and St. Botolph's without Aldgate—I was told the prosecutrix's house is within the City.

JOHN WARI . I am the prosecutrix's son, and live at the house—I believe it is in the parish of St. Botolph's within.

MRS. WARE re-examined. I can speak positively to all the articles—these sovereign scales are mine—I know the box by this piece of old silk in it, which is torn—there were two weights in it, but one is lost—I have no mark on these bundles of cigars, but they are of the same quality as mine—I had packed them in the box—I have had them better than twelve months—I know the screws of tobacco—they are made up by a person in the neighbourhood—this towel is one of my bar cloths—I had but two—it is my own hemming.

Prisoner's Defence. I bought these cigars for my own consumption, as I was about to sail on the Monday or Tuesday; I had been discharged from my ship on the Thursday before; I bought them from a person by Aldgate church about half-past two o'clock; I left the Woolpack about a quarter to eleven, and the mistress was in the bar at the time.

THOMAS BENJAMIN WALKER . I am an inspector of Thames police.

I produce a certificate of the prisoner's former conviction—(read Convicted 7th July, 1845, of larceny, as servant, and confined two months)—I was present at the trial—the prisoner is the person.

GUILTY of larceny and the previous conviction. Aged 19.

Transported for Seven Years.

Before Mr. Justice Williams.

2nd February 1846
Reference Numbert18460202-486
VerdictGuilty > pleaded guilty

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486. WILLIAM SUTTON, alias Green , was indicted for feloniously breaking and entering the dwelling-house of Jeremiah Evans, and stealing therein 1 coffee-pot, value 5l. 5s.; his goods, and to which he pleaded

GUILTY . Aged 26.— Transported for Seven Years.

2nd February 1846
Reference Numbert18460202-487
VerdictGuilty > pleaded guilty

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487. JOHN M'CARTHY was indicted for stealing 4lbs. weight of pork, value 2s. 6d.; the goods of Edwin Beavis; and to which he pleaded

GUILTY . Aged 50.— Confined One Month.

2nd February 1846
Reference Numbert18460202-488
VerdictNot Guilty > unknown

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488. GEORGE SMITH and ELIZA DOWMAN were indicted for stealing 6 bottles, value 1s.; and 4 quarts of wine, value 19s.; the goods of Charles Underwood.

CHARLES UNDERWOOD . I am a solicitor, and occupy apartments at No. 85, Hatton-garden. The female prisoner was in the service of the landlord—I know nothing of the male—I only came into the house a few days before she went away, and during that time she did not attend to me, although she was to have done so—she had access to my apartments—the last I saw of her was on the Monday after Christmas-day—when she was gone, I missed some wine out of my room down stairs—I cannot tell precisely how much, but I missed two bottles of claret and several bottles of sherry—I certainly missed four pint bottles of sherry and I believe one quart bottle—I saw them last on the day before Christmas-day, when I brought them in and placed them in the parlour I occupied—there were no locks to the cupboard or door, and I left the hamper open—I never saw the wine or the bottles after—I did not know I had lost it until the Tuesday, and then, in consequence of what I was informed, I searched the basket and found some had been taken.

Smith. The deposition is different to the indictment; the bottles were not taken. Witness. I missed bottles and wine too.

WILLIAM JAMES LINTON . I am an engraver, and live at No. 85, Hatton-garden; I have a lease of the house. Mr. Underwood had apartments there—Dowman was in my service, as housekeeper, for seven weeks or two months—she had the entire charge of the house, to wait on me and my lodgers—I did not know Smith till after this matter—I understand he passed as the husband of Dowman—I left town on the 24th of Dec., and returned on Monday, the 29th—Dowman had then left—Smith came to the house that afternoon, and I taxed him with being concerned in taking five or six bottles of wine—he denied it at first, and then said he had some wine which Dowman had given him to drink, and he imagined she had liberty to have it—I asked how much he had—he thought there might have been a bottle—I asked if he thought there were two—he said he did not think they had had two; he was sure they had not had three—I asked if he had four or five, and he acknowledged that he had had part of five with her—he had no business at my house—I cannot tell how he came there, but I had desired, if he came, that I should be called down to him—I saw nothing of Dowman till she was at the station—Smith acknowledged to me that he had been at my house from Saturday night till Monday morning, and that the whole of the wine was drank on the Sunday.

Smith. Q. Did you not see the bottles? A. Yes; they were brought

up to me by the charwoman from the kitchen, she having found them after Dowman had left—they were not taken from the premises—I am sure you admitted drinking your share of five bottles with Dowman.

PHOEBE BARTON . I am a charwoman. I was at the house of Mr. Linton on the Saturday after Christmas-day, the 27th—Mr. Linton was from home at that time—I went there on the Wednesday before Christmas-day, and never left the house after that—both the prisoners were in the house on the 27th—Dowman was living in the house—Smith came on the Saturday about half-past three o'clock, and he remained till Monday morning about half-past eight—he slept in the house on those nights—on the Monday morning I found five bottles in the kitchen cupboard, and one on the dresser—I think there were three pints, and the rest large—they were empty—I could smell there had been wine in them—Smith left on Monday morning about half-past eight—I saw Dowman about half-past nine that morning—she said she was very ill—I went out with her, and as we returned, and I was unlocking the door, thinking she was coming in with me, she absconded, and did not come into the house any more—she seemed very low and very ill—I was in Mr. Underwood's room about half-past eleven on Monday morning—there was a hamper there, and the straw from it was littered about the room—Mr. Underwood's room was unlocked on the Saturday night—I was generally in that apartment every day—I had been away on the Sunday—I first saw the littering of the straw on the Monday—the hamper and straw were in the room on the Saturday—Mr. Underwood slept in the second floor.

WILLIAM PENNY (police-inspector G.) I apprehended Dowman on Thursday evening, the 1st of Jan., about five o'clock—she came to the station to inquire if there was a person named George Smith in custody—I said there was, and he stood remanded, to see if we could succeed in apprehending her for the same offence—I fetched Mr. Linton, who came and charged her—he gave me a quantity of tickets—nothing was said about the wine.

GEORGE JOLIFFE (police-constable G 209.) Smith was put into my custody on Tuesday, the 30th of Dec, at Mr. Linton's house—he said to me that he knew nothing at all of the robbery, but said he had drunk part of the wine—the prisoners stated something before the Magistrate—I did not see it written down.

Smith. Q. If I had thought myself guilty, had I not plenty of opportunity of escaping? A. Certainly not, after I came—I did not ask Mr. Linton several times to give you in charge.

MR. LINTON re-examined. The policeman might have asked me if it was my intention to give him in charge when I first came into the room, but he did not press me at all, or do anything more than his duty—I told him to wait till my boy came in.

Smith's Defence. I have been intimate with Dowman for a considerable time; we have, in fact, been living together; I had not seen her for more than a month, when she sent for me, stating she was seriously ill; accordingly, on Saturday, I went to see her; she told me she was very ill, that she had taken poison, and could not live; I was induced to stop with her on the Saturday night and Sunday; she presented me with some wine certainly, which I acknowledge partaking of on the Sunday, but that it was got clandestinely I did not know; I asked her repeatedly if it was so, and she said it was all right, and I had every reason to believe so from the intimate terms on which she lived with Mr. Linton; I have facts which I could state if necessary, they lived on such terms that I thought I was authorized in partaking of what I did; I went round on the Monday afternoon, when I found Mrs.

Dowman had absented herself; and Mr. Linton said if she was not found by Wednesday morning he should put it into the hands of the police; I went to the police-station, and to the bridges, as she had stated she was going to destroy herself; I went to him twice, which, if I had been guilty, I should not have been such a consummate fool as to have done; Mr. Linton tried, by the most unfair and unmanly means to trepan me into a confession of drinking this wine; I did not drink the quantity he asserts; I appeal to Dowman to state that what I drank was given to me; Mr. Linton had from the first given his permission for me to visit Mrs. Dowman.


Before Mr. Justice Cresswell.

2nd February 1846
Reference Numbert18460202-489
VerdictGuilty > with recommendation

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489. ELIZA DOWMAN was again indicted for stealing, on the 22nd of Dec., 2 spoons, value 30s.; 1 blanket, 4s.; the goods of Edward Fuller: and 1 cloak, 3l. 10s.; 6 yards of drugget, 10s.; 2 table-cloths, 10s.; and 2 sheets, 10s.; the goods of William James Linton, her master.

WILLIAM JAMES LINTON . I live at No. 85, Hatton-garden—the prisoner was my housekeeper, and came into my service about six or seven weeks before Christmas—I went from home on Christmas-day, and returned on the Monday following—I left the prisoner in charge of the house—I did not find her on my return—I next saw her at the station-house on the Thursday following.

EDWARD FULLER . I occupied apartments in Mr. Linton's house since last Midsummer—I occupied the first floor and part of the second—I remember the prisoner coming there as housekeeper—she attended on me—I missed from my apartments a table-spoon about Christmas-day, a tea-spoon about the 1st of Jan., or latter end of Dec., and a pillow and blanket after the prisoner was in custody—I did not miss the things at the same time—I told the char-woman to inquire after the table-spoon.

JAMES ALDRIDGE . I am shopman to Mr. King, a pawnbroker, 34, High Holborn. On the 22nd Dec. the prisoner came and pledged a blanket and spoon, which I produce—I did not know her before—I have seen her since, and am quite sure she is the person—she gave the name of Ann Keppel.

Prisoner. He is not the party that took them from me. Witness. I swear I did receive them from her.

EDWARD FULLER re-examined. This is my spoon that I missed—I know it by the initials W. E. F., and the blanket is also so marked by the washer-woman.

Prisoner. I trust to the mercy of the Jury.

GUILTY . Aged 40.—Recommended to mercy by the Prosecutor.

Confined Twelve Months.

Before Mr. Justice Williams.

2nd February 1846
Reference Numbert18460202-490
VerdictGuilty > pleaded guilty
SentenceImprisonment; Corporal > whipping

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490. PATRICK MURPHY was indicted for stealing 7lbs. weight of coals, value 1d., the goods of Thomas Winningale, in a barge on the Thames, to which he pleaded

GUILTY . Aged 11.— Confined One Day, and whipped.

2nd February 1846
Reference Numbert18460202-491
VerdictGuilty > pleaded guilty

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491. ELIZA WINGROVE was indicted for stealing 6oz. weight of bacon, value 6d.; and 5oz. weight of butler, 7d.; the goods of Thomas Barton, her master; to which she pleaded

GUILTY . Aged 16— Confined Six Months.

OLD COURT.—Thursday, 5th February, 1846.

Second Jury, before Edward Bullock, Esq.

2nd February 1846
Reference Numbert18460202-492
VerdictGuilty > unknown

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492. JAMES MATTHEWS was indicted for stealing 1 handkerchief, value 4s.; the goods of Michael Heber; from his person.

CALEB ROSE . I am a City policeman. On the 26th Jan., about five o'clock, I saw the prisoner with two others in Threadneedle-street behind the prosecutor—I saw the prisoner take this handkerchief from the prosecutor's side pocket, put it under his coat, and he was about to run away when he saw me, and threw it down—he ran away—I followed and secured him—a gentleman took it up and gave it to me.

MICHAEL HEBER . I live at Broxbourn—I was in Threadneedle-street, and lost my handkerchief—this is it—it has my initials on it—I saw another person pick it up and give it to the officer.

Prisoner's Defence. I was passing along when the policeman took me, but I am innocent.

GUILTY . Aged 17.— Confined Six Moaths.

2nd February 1846
Reference Numbert18460202-493
VerdictGuilty > with recommendation

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493. CHARLOTTE ROSE was indicted for stealing 4 pair of shoes, value 15s.; the goods of William Mussard.

WILLIAM MUSSARD . I am a bootmaker, and live in Broadway, Hammersmith. On the 12th Jan. I missed some shoes, and gave directions to my workman to sleep in the shop—he called me up on the 16th Jan., and I found the prisoner locked in the shop—she said, "Oh! pray forgive me; this is the first time"—she was servant to a lodger—I sent for a constable, who found in her box three pair of shoes, which art mine.

Cross-examined by MR. DOANE. Q. How long had she lived, there? A. Eight or nine months—some of the shoes have been worn—my private mark is on one pair—she said the box was hers.

WILLIAM ELY . I was directed to stop in the shop, and between twelve and one o'clock in the morning of the 16th Jan. I heard a key put into the parlour door—it was unlocked—I saw the prisoner come in, and heard her at the glass-case—I came out and secured her—I asked what she wanted—she gave a scream, and asked me to let her go—I locked her in the shop, and called master.

HENRY WORDER (policeman.) I was called into the house, and found the prisoner—I told her I took her for stealing shoes from the shop—she said nothing at first, but afterwards said she was very sorry, and hoped her master would forgive her—I went to her room, and she handed me three pairs of shoes from her box.

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

Before Mr. Justice Williams.

2nd February 1846
Reference Numbert18460202-494
VerdictNot Guilty > non compos mentis

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494. GEORGE JOHNSTON was indicted for the wilful murder of Thomas Rason, on the high seas, and within the jurisdiction of the Admiralty of England.

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

ARTHUR GILMORE SPENCE . I was on board the ship Tory, on her voyage from Hong Kong—she belonged to Liverpool—I went out in her from Liverpool, and was an apprentice—the prisoner was the captain—the crew consisted of about twenty-seven on an average—the outward voyage was conducted in the usual way—nothing unpleasant arose, more than might be on any vessel—we left Hong Kong in May, 1845, to return to England—Thomas Rason was an able seaman on board—he joined her at Sincapore—William Henry Rambert was

the mate, and William Mars the second mate—we had a very valuable cargo, principally tea—we did not touch at the Cape, nor at St. Helena—the wind was favourable shortly after we passed the Cape—we missed St. Helena.

Q. Was any reason given by the captain for that? A. He frequently told me he expected his chronometers were wrong, and he was out of his longitude—he asked the crew if they were agreeable to run into the island of Ascension, and they were agreeable—that would be a six days' run from where we were, on an average—our provisions and water were in a very low state indeed, when we missed St. Helena, and our allowance of water then was a quart a-day, (the usual allowance is from six pints to a gallon,) I was laid up ill, and did not hear the crew murmur about the short allowance, but I heard remarks made that the captain had some private reason for passing St. Helena—he did not succeed in making Ascension island, and he called the first and second mate down into the cabin, and consulted them whether it was best still to try to get to Ascension, or proceed on the voyage—it was agreed we should proceed—this was about the 19th or 20th of Sept.—(looking at the log)—a day on board ship begins at noon—I occasionally acted as clerk.

Q. Did you at any time hear the crew state their inability to work on a quart of water a-day, without they had rest, watch and watch? A. I did not hear it then, I heard it afterwards—the allowance of water was further diminished, and came to a pint a-day, and half a pound of bread, and I believe at last there was none on board—that was soon after the captain determined to make for home—I find by the log that we fell in with a French barque, about eight in the morning of Tuesday, 23rd of May—the stock of bread was gone about that time—I heard of the mate Rambert jumping overboard—we went on pretty comfortable from that time, till we made the island of Fayal—we arrived there, by the log, on the 22nd Oct.—the captain went on shore there—I went with him, also Rason, Johnson, Thompson, Yelverton, and Slack, two apprentices—I cannot exactly say who else—there was a boat's crew—the captain returned on board the same evening, with those that went on shore with him—at that time the harbour-master of Fayal was on board—we had met him as we were proceeding ashore, and the captain gave the ship into his charge, and he went on board—we found him on board when we returned—when the captain returned on board, I should say he was perfectly capable, that is, he was in his senses—he appeared to have been drinking slightly, but was not at all intoxicated, in my opinion—I should not wish to form an opinion as to his state of drunkenness, as the way he acted in some cases was so different to what you would think—he always appeared moved after the death of Rambert—he was given more to drinking—he was rather in a little drink when he went on shore, and when he came back about the same state, or perhaps a little worse—I was with him all the time he was on shore, except for about an hour and half, when he was with the English consul—whether they drank any wine I cannot say—I did not hear him say anything about it then.

Q. On the 24th Oct. had you occasion to go down into the captain's cabin? A. I cannot speak to the date, but on the day Rason died—I was in the cabin when Rason was called down into the captain's cabin—it was nearly midnight—the captain had desired me to step into the cabin—the beginning of it was this, a charge was brought against Rason, by a man named Joseph Morris, of having said he would have law when he came to England, or words to that effect—he told the captain Rason had said so, and the captain desired Rason to be sent for—he appeared to act on that—he might have some private motive—I believe somebody was sent to call Rason down—he came down—Yelverton

the apprentice, and Mr. Dunn, the cook, were also in the cabin, and, as far as I recollect, Julian Cordeviola—I should say the captain was more than half drunk—I had seen him drinking, in the course of the day, braiidy-and-water—I cannot say what quantity—to the best of my recollection, immediately Rason name down, the captain took hold of him, and shook him on the sofa, or couch, where he desired him to sit, and struck him once with the bayonet on his side—with the point of the bayonet—I left before his death.

Q. Did he say anything to him on his first coming into the cabin? A. I recollect his speaking to him, but cannot say the words—I think he called him a d—d mutineer—Rason did not answer at the time, as far as I recollect—the captain did not do anything more to him while I was there—I cannot exactly say where the captain got the bayonet from—there were bayonets always about the cabin at that time—I recollect his taking it up after Rason was in the cabin—whether it was given to him, or he took it off the table, I cannot recollect—I asked the captain's permission to go to the water-closet, and left the cabin—there was a boy named Glover on board—some short time after I left Glover came and called me—in consequence of what he said I went down into the cabin again—the captain was there, and Dunn, the cook; I do not think anybody else was there, but there might be—Rason was laid down alongside the sofa—Dunn informed me, the moment I went in, that Rason was dead—I did not believe it, but ascertained that it was true by feeling his face, which was cold—the captain was there—I cannot recollect whether he made any observation—he looked as if he was more in possession of his senses than he was previous to my leaving the cabin—he appeared quite calm and unmoved—the body of Rason was carried out of the cabin afterwards, and buried the following morning—I read the funeral service—this entry in the log-book, dated 24th Oct, is in my writing—I cannot say when I made it—I generally filled up the log at noon—when any of these circumstances happened on board I never made "the entry till the captain came into a calm mood, till scenes of strife were over—I should say the entry was made the day after the death—it is signed by the captain—(read—"Thomas Gair acknowledged to having come aft, armed with a handspike, by the direction of William Rambert. It was thought proper to put him with Thomas Mars and Lee, who appeared to have something further to do with the mutiny, in irons. Thomas Rason being ordered down to the captain in the presence of the undersigned, (who were all under arms at the time,) to answer for a further threat he had made, although about a few hours previous the captain had advised him to take care of himself, and not to attempt anything further; he appeared whilst under examination to be under a great state of excitement, which seemed highly suspicious, leaving us to judge that he had again been in the act of endeavouring to take the captain's life, if he should have the opportunity, and create a further mutiny; we the undersigned are sure, that if the captain's life was taken, that immediately afterwards they would take ours, and therefore used every precaution that we could. Thomas Rason, when leaving the cabin, after not being able to get any further evidence from him, took a fit; we endeavoured to restore animation by the usual means, but to no effect On Thomas Rason's entrance into the cabin the captain asked him what he was labouring under. Signed, G. JOHNSTON. A. G. SPENCE. ALEXANDER SINCLAIR. BARRY YELVERTON. R. FRENCH. HENRY SLACK. JAMES GLOVER. WILLIAM DUNN.") I made this entry at the captain's desire—when I came into the cabin, after being called by Glover, the captain told me Rason had died in a fit; and I heard Dunn, the cook, say so also—I think it was the day after the one Mars was committed to the deep, the captain desired me to say in the log-book that Rason had died in a fit, that he was taken in con culsions

and died in a fit—I did not take on myself to believe it—I judged how he had died, but I entered in the log-book what the captain desired me—I think these six names were put to it the day after Mars was committed to the deep—I signed it a short time after I made the entry—I believe it was at the time—I generally signed at the same time as them—when any particular transaction took place the captain signed in the log-book, also the chief and second officer, nobody else before Rambert's death—after his death some of the crew were called to sign it.

Cross-examined by MR. JARVIS. Q. Have you sailed with Captain Johnston before? A. No—this was the first long voyage I made—in the outward voyage nothing particular occurred—the greater part of the men we took in at Hong Kong were new—Rambert, the chief mate, was new—I cannot say how many new hands there were.

Q. Did you ascertain, or did the captain know, before Sept., that some of the hands had shipped under false names? A. No—I heard nothing of some of them having left a vessel at Hong Kong on account of a mutiny—Rambert jumped overboard on the 25th or 26th of Sept.—I had not heard some days before that some of the crew told the captain there was to be a mutiny on board—I heard from Yelverton, when he was brought to the captain, when near Ascension, that two of the crew had said before the morning the captain would be a dead man—I think that was more than two or three days before Rambert jumped overboard, I think not more—it might be four days.

Q. Before that time had not the captain treated the whole crew with great kindness? A. There was nothing very particular to complain of—Rambert, the mate, treated them unkindly, but the captain did not—before the statement of Yelverton to the captain he conducted himself quietly and temperately—he appeared to look after the interest of the owner and the interest of the ship as far as I saw, he was quiet and steady—the cargo was most valuable—the men grumbled about this time on account of the provisions—we were on short allowance—shortly after this communication from Yelverton I saw a difference in the captain's manner—he appeared very anxious, excitable, and nervous after that communication—he armed himself immediately after he heard that from Yelverton.

Q. Was it after that you first imagine he had taken to drinking? A. He was drinking previous to that, but not in that excitable way—he drank spirits—as soon as he heard this communication he was in a much more excitable state than he was previously—I was not present when he chased one of the crew round the deck with a cutlass in his hand—I was ill—I had broken the cap of my knee at the time Rambert jumped overboard—I heard Richard French make a communication to the captain about the state of the crew about three hours after Yelverton's statement—it was before Rambert jumped overboard—he told the captain part of the crew had sharpened their knives with the intention of taking his life—I do not recollect that he mentioned any particular names—he accused Dunn, the cook, of a design on his life, but I do not recollect whether he said he had sharpened his knife—I should say this added to the captain's excitement—I did not hear French tell the captain the crew intended to seize him and take the ship to the continent—I heard it afterwards, but do not think it was French told him—I heard Cone tell the captain so—that was alter Rambert jumped overboard—I cannot say whether it was before or after Rason's death—I also heard Dunn tell the captain that French had sharpened his knife on both edges, and volunteered to be among the first to take the captain's life—this was half an hour or an hour after the statement given by French—I do not recollect hearing any

other statement made to the captain-about the intention of the crew—as far as I recollect, I heard the captain ask Cordeviola when he called him down if he knew anything about Rason, and he said Morris knew something about it—that was shortly before Rason was called down—I recollect Cordeviola accusing an able seaman, named Gair, in the captain's presence, of having come to him and held a marlinspike to his breast, and say he would run that into him if he would not assist in taking the captain's life, which Gair admitted—he said he would run it into him or through him, or words to that effect—I frequently heard Yelverton mention to the captain about sharpening the knives, but the crew generally were making statements to the captain of the intention of others towards him, but I wish to state how that was—the captain sent for some one of the crew down into the cabin, held a sword over him, and threatened to cut or wound him if he did not state that he had heard some other person say something against him; and the person, to shield himself, would do so, the captain having threatened to cut him if he did not state so and so about some of the crew having an intention towards him—the first communication I heard was made by Yelverton—his were all voluntary—French's communication against Dunn was voluntary, and Dunn's against French—it was after those three voluntary statements that the captain threatened to cut different people if they did not make communications against each other—I went with the captain into Fayal—I was on shore, and cannot say whether the crew made any complaint to the harbour-master when on board—I was only there just as he was leaving—the captain drank in my presence at Fayal, but not to excess—he was not drunk when he came on board—we only staid at Fayal one day—we did not come to anchor—before that the captain of the Eglinton, an English vessel, had been on board for about an hour and a half—it was between Rambert's death and our arrival off Fayal—he was about the vessel with the crew—this happened to Rason about three days after we left Fayal—between his death and our leaving Fayal Yelverton had not again made a communication to the captain about the crew, not to my recollection—French had made a voluntary statement—when Glover was sent for Rason, the captain was more than half drunk—I think he had been in a state of excitement the whole time—French had made a communication to him the day before—the day after we left Fayal—he was constantly excited, frightened of his life apparently—when Rason came down the captain shook him on the sofa—he struck him with the point of the bayonet—he stuck him about his thigh—at that time Yelverton was in the cabin, and I think Cordeviola—I did not remain in the cabin but a short time after the blow was given, it might be five or ten minutes, it was certainly five and might be ten—Rason still sat on the sofa after the blow was given—he did not say anything that I recollect—I was sitting in the cabin—Yelverton and Dunn were sitting down—they did not move that I saw—when I returned I saw Rason stretched below the sofa—I did not hear the captain call to him and ask him to speak to him—I looked at the captain—he appeared more calm—he said nothing to me about Rason being murdered—the captain was sitting on the sofa—Dunn was standing there—I did not hear any lint called for—I left again shortly after—I was not present when he afterwards stabbed the body with a sword—the body was sewn up in canvass when I performed the burial service—I do not know who did it—in any extraordinary case the mate usually signs the log with the captain—when I made the entry the chief mate was dead—I cannot say whether I made the entry before or after Mars' death—I signed it about the same time as the captain did—the captain always signed after every one else—every body signed this before him—they signed it a day or two after I made the entry—long before we got into the Downs—I

read it over to each of them—there might be two or three at a time—the captain, to the best of my recollection, was not present when they signed it—they signed it from time to time—two might sign at once—the captain called them in before the entry was made, and I told them they were to sign two entries I was going to make—I do not think he was present when they signed—the captain called me into the cabin, told me what I was to say, and directed me to write it in pencil on paper and bring it to him and he would correct it—I did so in this case—I wrote it in pencil, showed it to him, and then copied it in the log—I cannot say whether he corrected it in this particular case, but he generally made some slight alteration—he would add some new matter and take out some—I cannot say what he did on this occasion—I heard the captain say Rason died in a fit—he said, "Did he not, cook?" and Dunn said, "Yes, he did"—that was at the time I returned to the cabin—I remember Nelson, one of the crew, being ill—the captain gave up the greater part of his water to him—the captain was on exactly the same allowance as the crew—he gave this to Nelson on two occasions—that was just before Yelverton made the communication to him.

MR. BODKIN. Q. You observed excitement about the captain from the time Yelverton made the first communication to him? A. Yes, that was the day after we had fallen in with a French barque, and got wine and brandy and stores from her—the captain began to drink from that time—French was put in irons for a short time, but not Dunn, that I recollect—Yelverton's communication was made some days before we got to Fayal, and before Rambert's death—we fell in with the French barque on the 23rd Sept., at eight in the afternoon, and at six Rambert jumped overboard, on the 25th by the log—from that time we continued peaceably and orderly on board, till we got to Fayal on the 23rd Oct.—French made the communication to the captain on the 24th—it did not refer at all to Rason—the captain did not ask Rason on his entering the cabin what he was labouring under, that I heard—I was there—I wrote that in the log, as the captain desired me—may I state my reason for entering this in the log by the captain's direction, though I knew it to be false?—I saw how he was conducting himself, and if he got a refusal to do what he bid, I knew he was determined to put an end to any one's existence, in fact he told me so—I have heard him say so two or three times.

Q. Did he say that in reference to the entries in the log? A. Yes, he told me if he met with any refusal from me, I would not have long to live—that was after Rambert's case—I wrote the entry about that case, under the captain's direction, and was quite unconcerned what I wrote, resolving to tell the truth when I came before the proper authorities of the country—no grog was allowed by the ship's articles—the captain frequently gave the men grog all through the voyage—they generally had a glass of grog when they reefed the top sail—the Eglinton was a merchant vessel.

JULIAN CORDEVIOLA . A. I was a seaman on board the Tory, on her voyage from Hong Kong—I had joined her at Liverpool, and went the voyage out and home—I was one of the boat's crew that went on shore with the captain at Fayal—that was about three days before Rason's death—I was in the cabin on the night of his death—I think it was past one, or two o'clock, when Rason came into the cabin—Spence was there, and I think the boy Harry Slack, and Jemmy, the cabin-boy, was in the pantry—Dunn was down in the pantry too—when Rason came into the cabin there was a sofa—the captain said, "Sit down there"—he had a cutlass in his hand, and said, "You want English law when you get home, I will give you English law, I will give it to you"—so he struck him once with the cutlass, on some part of his forehead—then seized him by the flannel shirt, and shook him about from one side to the other—he

fell down on the sofa, and the captain hove away the cutlass on the floor, and called to Jem, the boy Jem Glover, for the bayonet—he said, "Give me the bayonet," and he had it, and then struck him twice in the breast, and the second time the man died directly—I called Dunn, the cook, and said, "Come here, the man is dead"—he lifted up the flannel, to try to stop the blood, but he said it was no use, the blood would not come any more, he was dead—the captain went away to the other side of the cabin, to the watercloset—before he went he said, "Tom, Tom, for God's sake say something," but he could not answer, he was only moving his mouth, that was all—Rason was very quiet before he was stabbed—he did not say anything—I did not see what was done with his body.

Cross-examined. Q. Did you hear that any of the crew who shipped at Hong Kong formerly belonged to the William the Fourth? A. No—I do not know that Mars had sailed in the William the Fourth—he was a Frenchman—I did not hear anybody tell the captain some of the crew had been discharged from their ships for mutiny—I did not tell him of anything the crew had threatened to do to him—I never said Rason had sworn he would have his life—I never reported any such thing—when Rason died, Dunn was in the pantry—he came out when I called him—when the captain' called for the bayonet, Glover came out of the pantry, and gate him the bayonet—he had then thrown the cutlass on one side—I and Rason were in the cabin with him—I think Spence was there, but he went away—Harry, the boy, was in the cabin part of the time—Glover came out of the pantry, and gave the prisoner the bayonet—the captain was very violent, like a chimpanze—he swung his cutlass and said, "This is the arm that slew the Boyne at the battle of Bannockburn"—whether that was before or after he struck Rason, I cannot say—he used the expression very often—he would frequently come on deck with a cutlass, and swing it against the brass of the gangway, and say that—he did it three times after Rambert's death—he struck Rason both times on the breast—I saw only one hole, but saw his arm move twice—Rason at that time was quite quiet on the sofa—he never made any effort to defend himself, or make any resistance—he fell directly, from the effect of the blow—the captain instantly stooped over him, and said, "Tom, speak a couple of words, for God's sake"—he could not speak, and the captain went to the water-closet.

MR. CLARKE. Q. When he struck the brass, and used these expressions, was he sober or in liquor? A. I cannot say rightly whether he was drunk or not—he was striking against the lashing like a madman.

BARRY YELVERTON . I was an apprentice on board the Tory—I shipped at Liverpool—on passing the Cape on the homeward voyage the provisions and water fell short—on the night we expected to make Ascension Island I was forward with Rason and some of the crew—we were on short allowance at the time (I think it was before we fell in with the French barque)—I asked Rason if he thought we should make the land before morning—he said he did not know, but if we did make the land, he would put a blue shirt on the fore yard-arm, so that some of the men-of-war's men might come on board, and he would let them know how they had been treated during the passage, and the captain would be no more captain of the Tory—that was all I heard to the best of my recollection—some time after the captain sent on deck for me into the cabin—it was after we fell in with the French barque—I think it was the day after—he began to speak to me about how the mate had insulted him, and said he could judge by the mate's appearance that there had been something going on that was not right, and asked if I had heard anything about it—I said I did not hear anything at all—he took the cutlass in his hand, and said, "Tell me this instant, did not you hear any person

threatening my life"—I told him I did not, and he sent on deck for French, and said, "French, were you not forward and heard Thomas Rason say, if we did not make the island of Ascension before morning, he would have my life?"—French said he did hear him say so, and that Yelverton heard the same—I told him what I had heard Rason say—French told him they had sharpened their knives on the grindstone to take his life—the captain began cursing me that I was a pretty apprentice in not coming to tell him before—he went on deck, and sent for me to come on deck about half an hour after—I went and found him there, and the two mates and carpenter—they were armed—I had no arms—the crew were all aft at the time—he asked the crew if he had not always acted upright to them, or something, and they said he did—Rason, Lee, and Cone were aft at the time, and in irons, and the captain was cursing at them, and cutting at them—they were still in irons—Rason was in one part of the vessel, and the others at the break of the poop—I saw the captain cut at each of them with the cutlass—he cut them on the head and face—I saw them all three bleeding—they remained in irons till the next afternoon—till Rambert jumped overboard.

Q. Do you remember the night before Rambert jumped overboard the men being removed from where they were, and put in irons in the topsails? A. To the best of my knowledge that was the same night that they were first in irons—the anchor shackles were put on the neck of each of them—the legs of each were ironed with bilboes, and they were hawled up into the tops by ropes—our anchor shackle weighs fifty or sixty pounds—they remained in the tops till after Rambert's death, and were then released, and returned to their duty in the ship—things went on quietly after that, till we arrived off Fayal—I went on shore with the captain there—Rason, Lee, and Cone, were part of the boat's crew, who went on shore—I remained with the boat—I do not know the British consul—I saw a gentleman come to the boat with the captain—I thought the captain was rather intoxicated when he returned to the ship—Mars was at that time acting as first-mate—we remained off Fayal till next day—we did not anchor, but it was very calm—about two days after we left Fayal, Rason was sent for into the cabin—the captain had been drinking a good deal, and was rather intoxicated—before Rason was sent for the captain said, "There is one son of a b—h who has not been examined yet," and desired Morris (who had been ill the greater part of the passage) to be sent for—when Morris came, the captain asked him if he had heard anything, any plot laid against his life, or something to that effect—Morris said he did not—he said he had heard Rason and Cone say, when they arrived in London, they would have law from the captain for what he had done—Rason was then called into the cabin—he was sent on deck, and called down again—I was in the cabin each time that he came down—the first time that he came the captain said that he would have his law to-night; "It is my day to-night, and yours to-morrow; I will give you law, you son of a b—h," and he cut him two or three times with a cutlass about the head—after that he was sent on deck—this was the beginning of the night, about seven or eight o'clock; and between twelve and one he was sent for again—I was in the cabin when he came down, and the captain began pitching him about, and striking him with the cutlass—he sat on the sofa sometimes—the captain had been speaking to him about what Morris had said, but I cannot recollect whether that was the second time that he came down—he hit him about two or three times with the cutlass, then put the cutlass down, and took the bayonet in his hand—when he first came down the second time he began cursing and swearing at him and cutting him with the cutlass—Rason asked him to spare him, both before and after he had cut him with

the cutlass—he asked him several times—the captain held the bayonet out in his hand, and used the expression, "Here is the arm that slew the Boyne, &c."—he was pitching him about with his left hand at the time—Rason did not resist or do anything—after he put the cutlass away he took the bayonet—I saw him stab him twice, as he sat on the sofa, on the left breast—he died in about ten minutes—when he was dying the captain said to him, "Speak to me, I will forgive you," or something—the body remained on the floor of the cabin, at the foot of the cabin stairs—I there saw the captain put the cutlass on the haunch of the dead body, and shove it in about the shoulder, telling the people that he would serve the whole of them the same way—he said, "See what this fellow has brought on himself—some of the crew had been called down at the time to take the body on deck—the same night he was in the cabin and saying to Thompson and the crew how he would make the sons of b—t—s walk the plank.

Q. How soon after Rason's death was this? A. I think the next night—he did not say anything more the same night that I recollect—he was rather intoxicated the next night—he drank a great deal more after falling in with the French barque than before—he was generally rather drunk when he used the expression about the battle of Boyne—before Rambert's death the captain slept alone in the cabin; afterwards somebody slept in the cabin with him—I signed the log-book at different times—this is my signature to the log—I think I signed it the day after Rason's death—I knew he did not die in a fit—what I said was read over to me several times.

Q. How came you to sign that Rason died in a fit? A. The captain said, if we would not sign, he would cut our hearts out, and make us sign with our hearts' blood—I knew Rason did not die in a fit.

Crass-examined. Q. I believe you belong to the Isle of Man? A. Yes—I left there two years ago—I was not charged there with shooting a man—I left because I wished; that Was my only reason—I was never charged with shooting a man, and never did shoot at any man—it was after we fell in with the French barque I told the captain what the crew had said—nobody was present—Spence was not present that I am aware of—I might have made a communication in his presence.

Q. Did not you and Spence tell him what the crew had said before you got the provisions from the French barque? A. No, I am sure of that—I only told him once what the crew had said—I might have told him in Spence's presence, but only on the one occasion—I did not see Spence there—I did not tell the captain the crew had sharpened their knives with a view to take his life—I heard others tell him so, but I had not seen it—I never told him so—I never made but one communication to the captain—I might have told him the one several times, but never but the one—I heard French tell the captain about sharpening their knives, and the greater part of the crew heard it—I heard others tell the captain what others had done—it was not the night we were going to make Ascension that I heard French tell him about sharpening their knives, it was the first night the row took place—French had been before the mast at first, and, I think, was so at the time he told this—he was made boatswain afterwards—I saw Rambert and the captain drinking in the cabin the day before Rambert jumped overboard—I made my communication to the captain two days before Rambert's death—others of the crew had spoken to him on the subject when called down—I heard Burton, Curtis, Sinclair, and others tell him—Sinclair said the crew were down aft with handspikes and bolts—that was the night before Rambert jumped over—I have heard Johnson say something, but cannot say what—I cannot recollect hearing Sinclair complain to the captain of the crew more than once—he told the captain they were aft at the time he was speaking; but

when the captain came on deck, there was nobody there—it was before Rambert's death that Rason, Lee, and Cone were in irons, for Rambert was there armed—I think he jumped overboard the next day, but am not certain—at the time the captain cut at them with the culass they were all three together on the poop—Cone was near the half-hatch—they were all aft at the break of the poop, sitting on the deck, with their feet and hands ironed—he cut them about the head and face—I could see the blood running over their face—he cut them a good many times—I heard him strike Cone fifty times when he was on the mizen-top—he cut them a great many times when on deck, sometimes with the sharp edge of the sword, with the flat, and back—they bled—some of the crew were aft—the men were singing out when they were cut—they were afterwards hawled up to the top, and when there he cut Cone I should say fifty times—he was about a quarter of an hour slashing at him, cutting him the whole time—he was still in irons—I think he had no anchor shackle on his neck, but the other two had—his hands and feet were ironed at the time to the best of my knowledge—they were taken down after Rambert jumped overboard—I think that was the next day—they were in the tops at the time he jumped overboard—when they were taken down they were taken into the cabin, and I believe the captain gave them each a glass of wine, but I was not there myself—they were sitting there with the captain about an hour.

Q. Between the time of leaving Fayal and the death of Rason, had you stated anything to the captain about what the crew had done? A. No—he had called the crew down several times, and I heard the greater part of the crew telling things of each other when he called them down—the first time Rason was called down that night I think Spence and French were present—I cannot recollect who else—he was cut a good deal on the first occasion on the head and face—when he came down the second time the blood was dried up—there were the marks of blood on his temples and head, more than one cut—Cordeviola and Spence were present on the second occasion, but Spence went out of the cabin when he was called—I cannot recollect Slack being there—I am not sure he was not there—I saw a boy called Jemmy in and out—I cannot say whether he was there at the time of the blows—Dunn was there to the best of my knowledge when he came into the cabin—there was nobody there when he was stabbed but Cordeviola—when he came down the first time the captain had the cutlass in his hand—he might have said, "This is the arm that won the Boyne," &c., while he held the cutlass—he did when he had the bayonet, and was saying it all night nearly—he struck him two or three times or so with the cutlass the second time he came down, on the head and body, shoving it against him—he did not stab him with the cutlass—he struck him with the blade of it once or twice—I am certain he struck him on the head with the cutlass more than once, and two or three times with the flat of it—I saw the blood running from him—I did not pay attention whether he cut him more than once—he afterwards put it down, took up the bayonet and rushed at him with it—he took the bayonet off the table by his side—I do not recollect his calling anybody first—I did not see anybody come before he stabbed him—I saw him take up the bayonet—the cabin was light—he put down the cutlass and had the bayonet in his hand afterwards—I believe he took it up—I did not see it given to him—I do not suppose anybody could have come into the cabin and give it to him without my seeing it—to the best of my knowledge he took it up himself—I saw the bayonet on the table—I did not hear him call to anybody for it—he might have done it—he put the cutlass down and had the bayonet in his hand at the instant—he then pitched him backward and forward with his left hand for a few minutes—he raised him from the sofa and pitched him backward and forward—Cordeviola

was standing close by the cabin, Rason was sitting down when he stabbed him quite quiet, holding his hands up and saying, "For God's sake spare me!"—we dare not move, for he was grinding his teeth, and pointing the bayonet to us, and swearing he would stab Rason—we dare not give an alarm—he was very wild, stamping through the room—after he had pitched him with his left hand he stamped about and went to him again—he looked very wild—I examined Rason's body afterwards, and saw two wounds plainly—I and Cordeviola examined the body together, and saw two distinct wounds on the left breast—they were not far from each other, about half a finger's breadth—I dare say they bled for five minutes—I saw Cordeviola open the shirt to stop the blood—the blood came out a little—they were stuffing cotton into it—I did not hear lint called for—the captain was in the cabin at this time, he stopped there till the body was taken away—to the best of my recollection, till it was taken to the cabin stairs—he was drinking—the body remained in the room an hour or two before it was removed, and the captain was sitting there the whole time drinking—Spence and Dunn were with him—French came down sometimes—I was there drinking sometimes, while the body lay there, sometimes drinking and sometimes speaking about it, for two hours—I am sure of that—Spence came down a short time after Rason was stabbed, and remained there—Cordeviola was sitting there drinking when the captain asked him—they were not drinking for two hours—I think Cordeviola stopped there while the body was there—I cannot say who helped to move the body, I think Dunn helped—he must have been present when the captain came with his cutlass and stabbed the body again—I do not recollect seeing Cordeviola there—I recollect seeing Tucker there, and think Spence was in the after cabin—I should say five or six of the crew were there—I heard him ask to send five or six men down to take the body—I was sitting on the looker when I saw the captain stab the body—French, Tucker, and Dunn were there—Dunn was standing near—all the crew were on the stairs—I think Spence was in the cabin with me—the captain stabbed the body with the bayonet.

Q. Then he had not the cutlass and bayonet both in his hand together? A. No, he put the cutlass to the Haunch, and stamped his foot down and said, "You see what this fellow has brought on himself, and I will serve you out the same way"—he then shoved the cutlass into his body—not more than once that I am aware of—that was about an hour or two after he was stabbed.

MR. ATTORNEY-GENERAL. Q. When you left Fayal, you heard the crew from time to time say different things to the captain about each other? A. Yes—he sent for the crew into the cabin—sometimes two together, and sometimes one by one—that was one or two days before we lelt Fayal—Morris was sent for after we left there, before Rason's death—I cannot recollect any body else—I had not said anything about the crew before that—the captain continued to give his orders about the navigation of the vessel the whole time—nobody else had anything to do with it scarcely.

MR. JARVIS. Q. Did you not tell the captain, in Spence's presence, that if you did not reach Ascension the following morning he would be a dead man? A. No—I told Spence so—I might have repeated it afterwards to the captain—Spence asked me what was the matter with the captain—I said he had been told the crew were going to take his life—I heard French tell him so—I never told him so, for I did not hear it—I told this to Spence the first night of the row, I believe.

COURT. Q. When Rason came to the cabin the second time he was on the sofa? A. Yes—the captain sometimes pulled him on his feet while he was pitching him about—he was sometimes holding him, and sometimes not—he had on a blue flannel shirt and canvas trowsers—he had nothing in his

hands—they were at liberty—when he was dying the captain went close to him and spoke to him—when he was on the sofa he lifted his hands up, saying, "Spare me! spare me!"

DAVID JOHNSON . I was a seaman on board the Tory. I joined her at Hong Kong—I remember Thomas Rason on board—I remember his death, during the homeward voyage—on the night on which his death happened, I saw him in the fore part of the vessel at twelve o'clock—he came to my bed in the forecastle and said something to me—I then saw he had a cut across his forehead—it appeared rather fresh—the blood was on it—whilst Rason was talking to me Julian, the foreigner, came and called him—Julian was outside the forecastle on the deck—I cannot say what he called Rason for—Rason left me, and went out of the forecastle—I did not see where he went to—I never saw him afterwards alive—I saw his dead body in the morning about daylight, about five o'clock, I think, but I cannot speak to the time—four of the ship's crew were then carrying his body along the deck, in a direction out of the cabin.

Cross-examined. Q. Can you tell me the names of those who were carrying the body? A. No, I can not—I was busy at work shifting the sails—I did not examine the body at that time—I did shortly after.

MR. BODKIN. Q. What did you then observe? A. The body was put upon the topgallant forecastle while it was washed, and I saw he was cut violently across the lips and brow, and across the hands, and under the left breast there were two stabs.

FRANKLIN TUCKER . I was an ordinary seaman on board the Tory. I joined her at Hong Kong—I am an American—I do not remember the night that Rason died—the last time I saw him alive was as he was going down into the cabin between two and four o'clock in the morning before daylight—I do not know the time exactly—he then had several cuts about his head—I should think it was an hour and a half before I saw anything more of him—I did not see him again till he was brought up upon deck—I was not down in the cabin on that night after Rason went down—I did not look at the body when it was brought up upon deck—I did in the morning—I looked at the face, and he was cut in the face and in the head—there were two wounds, and his head was cut—they were apparently done with a cutlass—I did uot see anything else—the body was then on the top-gallant forecastle, covered with a blanket—I had seen Rason go down to the cabin at an earlier period of that evening, in the first of the evening.

Cross-examined. Q. Were you present when the body was brought out of the cabin? A. No—I was at the wheel at that time—I do not know who the persons were that brought the body out—I did not stand at the foot of the stairs when they brought the body out, nor did I see the captain do anything to the body, or hear him say anything about it that night—I did next morning.

COURT. Q. When you saw the body on the deck was the blanket ever taken off, or was it on all the time? A. It was on all the while I was there—I had to lift it off to see the face—at least I did not, one of the men did, that dressed his wounds—he opened it just below the neck.

JURY. Q. Who was it dressed the wounds? A. I believe it was David Johnson, the last witness.

WILLIAM DUNN . I was cook on board this vessel. I shipped as able seaman at Sincapore, and was cook part of the voyage—I remember our passing the Cape and missing St. Helena and Ascension—our provisions and water had run very short at that time—I remember the morning after we expected to make Ascension—I was at the wheel—Rambert went forward to the men, and

told them to turn to, and they said they could not turn to on a quart of water a day—this was the day we were in the parallel of Ascension, the day we expected to make it—Rambert went down to the cabin, and the captain came on deck with him—the captain had nothing in his hand when he came on deck—he came up directly, went forward, and said if any man came aft the windlass he would shoot him—he and Rambert afterwards went on the poop—I was at the wheel at the time, and heard the captain say to Rambert that he would have them on a pint of water, and after that he would see them glad to take a wine glass, and after that he would see them hanging at the main-stay like porpoises, sucking each other's blood—when I was relieved from the wheel and went forward, I told the crew what I had heard the captain say—this was about four or five days before we fell in with the French barque—I remember the day before we fell in with the barque—there was a vessel in sight in the course of that day before dinner, but the Tory had kept her course, and had not made for that vessel—about dinner time that day, French came into the forecastle with his knife sharpened at both edges—Rason was in the forecastle at that time, and most of the crew—French said if the captain touched him, he would have his guts out—I had said we had better go aft to the captain and ask him for some more stores, and if he was to offer to take any person's life, to confine him till we got to a British port—when French made use of the expression I have named, Rason said it could be done without murder—that was all that passed—next day we fell in with the French barque, and got provisions, water, wine, and brandy—I mentioned to the captain that evening, the 23rd of Sept., what I had heard said by some of the crew.

Q. How came you to tell the captain on that night? A. Because I had heard that French had told the captain that I was going to secure him in the lower forecastle and murder him—on that evening the captain, the two mates, the carpenter, and the two apprentices, came on deck together—they were not armed when we came on the poop—the captain said that Rason had forsworn his life away—Rason said he had not—the captain did not say anything to any of the other men—he then ordered us off the poop, Rason, Cone, Lee, and myself—we went—on that the captain took up his cutlass and cut Rason on the shoulder, as he was going off the poop—the three men were put in irons about half an hour afterwards—Rason was bleeding at the time—they remained in irons three days—they were first placed on the main hatch for two days, and the night before Rambert's death, Rason and Lee were put on the main-top, with shackles round their necks, and Cone was placed in the mizen-top—that was about seven o'clock in the evening—they remained there until after Rambert had gone overboard, which was about four o'clock next morning—they were then brought down and released—between that time and Rason's death, everything was quite quiet on board the ship—I remember, on the night of Rason's death, his being sent for to the cabin—I cannot say whether he was sent for more than once—that was about a quarter past twelve o'clock at night—I was in the pantry when he came into the cabin—I could see into the cabin from the pantry—the cabin door was left open, and I could hear what was said—there is a door to the cabin, and a passage between the cabin and pantry about three feet wide—there is a door to the pantry to shut it off from the cabin—both the doors were open—the first thing I saw when Rason came down was, the captain took him and hove him about the cabin—I did not observe whether the captain had anything in his hand at that time—he said to Rason that he would have his life—Rason begged for mercy—the captain said he would have none on him—I did not see the captain do anything, but I heard a noise as if the captain was striking the bayonet into his

head—I took it to be that—the boy Glover came and told me the captain had killed Rason—I went on deck and got some water, and then I went into the cabin—when I got into the cabin Rason was lying on the captain's couch—he was just breathing a little—the captain said, "Speak two words to me, Rason"—I saw at that time that he had received two wounds in his left breast—I did not observe any other—the captain had nothing in his hand when I went into the cabin—I did not take notice of anything in his hand before the death of Rason—there was a bayonet on the floor when I went in on Glover calling me—I told the captain he had better get some lint and put on the wound—the captain sent Glover for some—he brought some cotton, which the captain put on the wound—Rason then died—his body was taken out by the pantry door, just outside the cabin door—it remained there till about a quarter past four o'clock—I saw the captain place his cutlass on the stomach of the dead body, and he said to Mars, who was in the cabin, "See what you have brought this man to"—the body was afterwards taken to the top-gallant forecastle—I told David Johnson to wash it and put clean clothes on it—the captain ordered five men to take it to the top-gallant forecastle—I cannot say who the men were that carried it—I did not assist—I afterwards signed the log—I was aware that the log stated that Rason died in a fit—I had said nothing before that as to Rason having died in a fit—the captain said he would put down in the log-book that Rason had died of convulsions—I was in the cabin when French said some of the men would not sign it with pen and ink, and he said if they would not sign it with pen and ink, he would cut out their hearts, and make them sign it with their own heart's blood.

Cross-examined. Q. Did you know what you were signing? A. Yes—it was read to me by Spence—I was then by myself—it was in the captain's presence—it was at that time that the captain said if I would not sign it, I should sign it with my heart's blood—he did not say it to me personally—Spence and French were in the cabin—I had not myself said that Rason had died in a fit—I do not remember, on Spence coming in, the Captain saying the man had died in a fit, and my saying, "Yes, he did"—I am quite sure of that—I told the Captain what French had said, because I had heard that he had told what I had said in the forecastle—Spence told me so, and I went down into the cabin, and told the Captain what I had heard French say, in about two minutes—I did not go down and make a voluntary statement—the captain sent for me down, and then I told him—I did not tell it him more than once—I never told him anything about the crew, except on that occasion—that was on the same night we met the French barque—it was about three in the morning, after we had spoken the barque—we got the things on board from the French barque, about nine in the morning of the 23rd of Sept., and I told this about two on the following morning—I had heard French say this the day before we spoke to the French barque—I found a knife in Cone's bed—that was in the chops of the Channel—I told the captain that—Rason was in the cabin I think about half an hour before Glover told me he was dead—I had heard a scuffling—I cannot say how long after that it was before the body was removed out of the cabin—it might be an hour—the body laid in the cabin about four hours—I cannot say how long it remained outside—I cannot say how long it remained in the cabin before it was removed to the pantry door—I took a glass of wine while the body was in the cabin—I was in the cabin all night—I was there about an hour with the body—I cannot say exactly the time the body was there.

Q. How did the captain put his cutlass on the dead body? A. He took the point of the cutlass, and just laid it on the body with his hand, and then

he said to Mars, "See what you have brought the man to"—that was all he said—the occurrence between the captain and the mate, on the poop, was about four or five days before we spoke the French barque, the day we were off Ascension—I knew that the water and bread was very abort—we had as much as could properly be allowed us.

Q. How came you then to say you would go to the captain and ask for more stores? A. Because there were other things that might have been given, such as ginger and wine—I do not mean part of the cargo, but things in the cabin—ship's stores—I did not say if he did not give them, I would confine him—I said we would go and ask for stores, and if he offered to take anybody's life, we would confine him—it was not exactly on that that one of them said he would rip his guts out—it was only French I heard say that—Rason said they could do it without murder, and I said I would confine him—all the crew said it would be the best way to confine him, if he did offer to take any person's life—I do not know of the captain's having given up some of his own water to Nelson, who was sick—I heard of it afterwards, in the Channel.

Q. I believe you had had some quarrel with the captain about a woman on board? A. Yes—it was a Mrs. Blewitt—a charge was made against me for living with that woman—it was not so—I did not live with her on board the ship—I do not live with her now—I did when I arrived in England—I went and lived in lodgings with her—I was not taken up for robbing her—I was never taken up on any charge before a Magistrate—I went down to the Thames police of my own accord, with her and a policeman—she made a charge against me at the station—I did not go before a Magistrate—I and Mrs. Blewitt, and a policeman, went together, before one of the officers at the Thames Police-office—I was taken there for taking 20l. of my own out of Mrs. Blewitt's box—she charged me with stealing it—the officer asked whether the money belonged to me—she said, "Yes," and I was dismissed.

MR. ATTORNEY-GENERAL. Q. What was this 20l.? A. My own wages—it had been put into Mrs. Blewitt's box, and I took it out—that was the charge made against me—she said at the Thames Police-office, that it was mine, but at the station she had said it belonged to her—I had given her the money to take care of.

Q. Do you happen to know whether there was anybody among the crew capable of taking charge of, and managing the vessel, except the captain? A. Only the mate, Rambert—after Rambert was gone, there was no one.

COURT. Q. You say you had a quarrel with the captain about this woman? A. Yes, at least I had no quarrel, a few words—that is all—he was angry with me for having the woman there, and charged me with living with her—we had not exactly sharp words on the subject—nor sharpish words—by a quarrel, I meant a few words which the captain spoke to me—it was the day we were in the parallel of Ascension—I remembered when before the Magistrate what I have been saying as to the conversation with the mate.

JAMES GLOVER . I was acting as steward on board the vessel at the latter part of the voyage. I was rather better than eighteen months in the cuddy acting as steward—I remember Rason's death—I saw him go down into the cabin about twelve o'clock on the night of his death—I only saw him go down once—I was in the passage where the pantry is—he did not pass me to go into the cabin—I was at the door of the pantry—you go down some stairs, as if going to the cabin—you turn to the right to the pantry, and to the left to go into the after cabin—I saw Rason go into the cabin—I could see the captain in the cabin at the time—I did not notice anybody whom I

now remember—I never saw Rason alive after he went into the cabin—I continued at the door of the pantry all the time Rason was in the cabin—after Rason had gone in I heard him cry out for the captain to have mercy upon him—I heard the captain say he would never leave him to have the laws of his country—I heard nothing else said by either at that time—about a quarter of an hour after Rason had gone in, the captain called to me for a bayonet, and I went in—that was after I had heard Rason calling for mercy—I took a bayonet into the cabin—I do not recollect whether I gave it to the captain, or laid it upon the table close by him—I then saw Barry Yelverton in the cabin and Julian—Julian was standing at the door of the cabin, and Yelverton was sitting on an after locker—Rason was sitting on a couch in the cabin—the captain had hold of Rason by the collar of his shirt, shaking him about, and he had a sword in his hand—after carrying in the bayonet I came out of the cabin again directly, and stood at the door of the cabin outside, at the same door where Julian was standing—while I was at the door I saw the captain strike Rason with the bayonet on the head first, and then he struck him with the point of it in the left breast twice—there was a broken spar out of the Venetian blind of the cabin-door, and that is how I happened to see—Rason did not appear to be doing anything to the captain—he was sitting upon the couch all the while—he sat upon the couch when the captain pulled him about—he moved him off the couch and then on again—Rason was always asking the captain for mercy—about three or four minutes after he had stabbed Rason in the breast, the captain called to me for some lint—I went in on that and told him it was all used—the cook then got some cotton—Rason was lying back upon the couch when I went in—I was there when he died—it was, I think, about two minutes after I went in—after he had stabbed him, the captain said to Rason, "If you will speak two words, Tom, I will make friends with you"—I was in the cabin, I should think, about ten minutes after he died—I then went into the pantry—I was not backwards and forwards in the cabin all the night—I was asleep—I went to bed about half-past one o'clock—I went into the cabin once to give the captain a little brandy and water before he went to bed—I had not taken him much brandy and water in the course of the night, not more than usual—he was in the habit of drinking a good deal of brandy and water at that time—he drank more than I had seen him do at the former part of the voyage—I remember the death of Rambert, the chief mate—the captain appeared to drink more after his death than before—when I went to bed at half-past one o'clock the body of Rason was still in the cabin—I remember signing the log with the account of Rason's death—I see my name here—(looking at it)—it is my handwriting—I do not recollect whether or not it was read over to me before I signed it—I was always going backwards and forwards to the cabin—I do not recollect exactly how soon it was after Rason's death that I signed it—I knew what the statement was with respect to Rason's death at the time I signed it—I knew that the writing represented that he had died in a fit—I heard the captain tell Spence to write it, and he smiled while he told him—I cannot say exactly how soon that was after Rason's death—I think it was the day after.

Q. Why did you sign that account of Rason having died in a fit? A. The captain told me that he would run me to the heart if I would not do what he wished me to do—he told me that several times—I cannot say whereabout the ship was when I signed the log.

HENY SLACK . I was an apprentice on board the ship. I sailed from Liverpool—I remember Thomas Rason—I saw him come down the after-cabin of the ship a day or two after we left Fayal—I cannot say what time it was—I

cannot say whether it was in the day or night time—it it so long since I really forget.

HENRY JAMES STEVENS . I was a steerage-passenger on board the ship, with my mother, Mrs. Thompson—I went ashore at Fayal with the captain—up to that time the ship had been all quiet for some weeks—I went with the captain to the British consul—the captain said there that he would kill them all when he got on board—that was as he was going up stain at the consul's—I said, "Don't"—his phrase was, "Kill them all"—I saw him talking with the consul—I did not hear what he said—he remained at the consul's about a quarter of an hour—he appeared to be rather intoxicated when he came away from the consul's, and he said he had drunk a bottle of wine with the English consul's daughter—I saw Rason's body on deck after he was dead, and I saw two wounds on his left breast—I cannot recollect what day it was.

ALEX. SINCLAIR (examined by MR. JERVIS.) I was carpenter on board the Tory—I shipped from Liverpool—a great port of the crew were new from China—when the ship had passed St. Helena, and we were doubtful of getting into Ascension, both bread and water were short—I observed a good deal of grumbling amongst the crew in the course of that time—up to that time the captain had managed the ship well, and conducted himself quietly and kindly—there was nothing remarkable during the voyage—everything was quiet and well governed—the captain was himself on the same short allowance—I heard so—a short time before Rambert plunged overboard, I remember hearing Barry Yelverton tell the captain that he heard Rason say, if he did not make the island of Ascension at such an hour of the morning, he would be no longer captain Johnston—I do not recollect the day of the month—we spoke the French barque about eight o'clock the same evening—the cargo was very valuable—the captain appeared to be very much excited by Yelverton's statement—I do not recollect hearing any other communication made to the captain on that or the following day—I heard French mention something to the captain—I do not recollect whether that was the same night or the night after—French stated that some of the crew said in the forecastle that he had remitted the former freight to his wife, in England—French told that to the captain, in his cabin, that night or the night after—the captain told me that night that the crew had sharpened their kives to take his life—he was making inquiries about this from different members of the crew—he appeared to be very much agitated—I do not recollect any other person but French making that statement to him—I do not recollect Spence, or Dunn, or any other giving him any intelligence with regard to what the men had said—I remember a man named Curtis—he made a statement the same morning that the mate jumped overboard—he told the captain that the mate had been the cause of all the disturbance in the ship, and that he wished to take the ship to America.

Q. According to your judgment, from what you saw, was not the captain greatly changed in his manner and conduct after these communications were made to him? A. Yes—I remember the night on which Cone, Rason, and Lee were put into irons—I remember the captain chasing Rason round the deck that night—Rason was running from him, and he after him with the sword—that was the same night he received the intelligence—it was in the night time, and I cannot exactly say in what way he was brandishing the sword—he had received the intelligence from Yelverton and French—I do not recollect his using the expression about his arm which had killed the Boyne at the battle of Bannockburn—I have frequently seen him brandishing his sword about.

MR. ATTORNEY-GENERAL. Q. Before you heard what Yelverton and Frenchhad told the captain, had you heard anything of any mutinous expressions on board? A. No, nothing but what is termed a grumble—nothing mutinous—that was at the time the crew were on short provisions and water—I was not present at any time when French said anything to the men about what he would do to the captain—after Yelverton and French

had told this to the captain, we went on deck, armed, and the captain chased Rason about the deck, and I afterwards put him, Cone, and Lee in irons, by the captain's orders—Rason was then wounded in several places—Rason had no weapon in his hand, that I observed, when the captain was pursuing him—the men were put in the tops the second night I think, the night before Rambert went overboard I put a shackle on two of their necks before they went into the tops—there was then blood about the faces of all three of them—they were handcuffed as well as put in irons—two were shackled round the neck, and the third not.

Q. After Rambert's death, was French promoted? A. He was promoted previous to that, if I recollect right, to be boatswain—that was after French had made that statement to the captain—he was afterwards promoted to be mate—that was after Rambert's death—I think it was after the whole of their deaths, to the best of my recollection—between the death of Rambert and our reaching Fayal everything went on as quietly in the ship as usual—the captain was in command of the ship, and gave orders for the navigation entirely as usual—he gave orders all along with regard to the navigation of the ship, from the time the men were released till we reached the Western Islands.

COURT. Q. After the deaths of Rason and Mars, who had the management of the ship? A. French was acting as chief mate—he had no management further than acting as chief officer—the captain had the command—he gave orders from time to time to French, after Rason was put into the deep—the captain always gave his orders to French, as usual, with regard to the navigation of the ship, from that time till we reached the Channel—all the time the captain gave orders with regard to the navigation of the ship.

PETER CURTIS . I was a seaman on board the Tory; I joined her at Hong Kong. I never made any communication to the captain of anything I had heard any of the crew say, I am sure of that—I did not tell the captain that I had heard any of the crew say if he did not make the island of Ascension next day he would no longer be captain, nothing of the kind; nor that I had heard any of the crew say they would take the ship to America—on the night Rason died I was aft—I saw Rason go down into the cabin—I cannot say what time that was—it was at night—I afterwards lent a hand to bring the body up—there were four or five of us—the captain was there at the time—when I first saw the body it was lying on the cabin floor, close to the pantry, outside the cabin, close to the stairs—the captain was standing over the body with a cutlass in his hand—I saw him lay the point of the cutlass on the body—I cannot say what he said—I took the body up by French's orders—he was on the poop—I saw two stabs in the left breast.

Cross-examined. Q. Did you not go down into the cabin, and tell the captain that the mate wanted the crew to go aft to take his life? A. No; oh, yes, I did—I was over the ship's side, painting—I was sent down, and told him what the mate had said when he went forward—the captain was cutting and hacking the men about—I did not tell him the mate wanted to take his life—I told him he wanted us to come aft and make the captain fast, or else he would murder all hands—I am certain I did not tell him the mate wanted us to go aft and take his life.

COURT. Q. What did you tell the captain? A. I told him that Rambert, the chief mate, wanted us to go aft and make him fast; if we did not he would

murder all hands—I am sure I did not say it was to take his life—I cannot say what day it was—it was after Rambert jumped overboard, and a good bit before Rason's death.

MR. JERVIS. Q. I believe you and the crew were armed with belayingpins, were you not? A. I cannot say for any one but myself; I was—Spence remonstrated with me, and I threw it on one side—that was before Rambert jumped overboard, the same night; I believe it was that same night that the captain was told that the crew were armed with belaying-pins, but I cannot say when.

MR. ATTORNEY-GENERAL. Q. Were you forward on that night before Rambert went overboard? A. I was when he jumped overboard—he was all over blood—I cannot say exactly how long that was before he jumped overboard—he was bleeding all about the head and face—he was then forward on the fore-hatch.

NOT GUILTY , being of unsound mind at the time of committing the act.

OLD COURT.—Friday, February the 6th, 1846.

First Jury before Edward Bullock, Esq.

2nd February 1846
Reference Numbert18460202-494a
VerdictGuilty > pleaded guilty

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494a. THOMAS BUCKLEY and JAMES PURTON were indicted for stealing, on the 12th of Jan., 8lbs. weight of iron, value 2s., the goods of William Gorton, their master; to which they pleaded

GUILTY .—Strongly recommended to mercy. Confined Fourteen Days, Solitary.

2nd February 1846
Reference Numbert18460202-495
VerdictGuilty > pleaded guilty

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495. JOHN WEAVER was indicted for embezzling 2l. 1s. 2d., which he had received as servant to Rowland Ryley; to which he pleaded

GUILTY . Aged 30.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-496
VerdictGuilty > pleaded guilty

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496. CHARLES WEST was indicted for stealing, on the 29th of Jan., 5 half-crowns, the monies of James Aldous, his master; to which he pleaded

GUILTY . Aged 17.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-497
VerdictNot Guilty > unknown

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497. ROBERT JOHNSON and JAMES BROOM were indicted for stealing, on the 28th of Jan., 2,000 needles, value 1s. 8d.; 3 parrs of stockings, 2s. 2d.; and 1 pair of braces, 6d.; the goods of Charles Collins and another, the masters of Johnson.

MR. BALLANTINE conducted the Prosecution.

CHARLES COLLINS . I am in partnership with Frederick Collins, of Nos. 21, 22, and 23, Sloane-street; Johnson was in our employ; Broom is a hawker. Johnson had no authority to sell him goods on credit—I should not have allowed anything of the kind—from something that occurred on a day previous to the 28th of Jan. I desired Felling and Evans to watch his proceedings when he came again—on the 28th of Jan. I received a communication from Pelling, in consequence of which I followed Broom from the shop, and gave him into custody—when at the station he took from his pocket a brown paper parcel containing about 2,000 needles—I also saw one pair of braces and three pairs of stockings taken out of his pack—I believe them to be our property.

THOMAS PELLING . I was in the prosecutor's employ—on the 28th of Jan. I saw Broom come into the shop about half-past ten o'clock in the morning—I

had been desired to watch him—I saw him served with cotton and braces, which he paid 6d. for—I then saw Johnson give him a brown paper parcel, ready twisted up—no money was paid after that.

THOMAS ARNOLD EVANS . I saw Johnson hand the brown paper parcel to Broom—no money was paid for it.

FREDERICK BALLARD (police-constable B 89.) On the 28th of Jan. I followed Broom out of the shop, and took him into custody; I also received Johnson into custody—Mr. Collins charged him at the station with stealing these things, which were taken from Broom—he made no reply.

Johnson's Defence. I have been twenty-five years in Mr. Collins's father's employ, and was at the same school with my prosecutor; I have never taken a farthing of his money; the goods would have been paid for when Broom had sold them; about two years ago Mr. Frederick Collins purchased a peculiar quality of stockings on purpose for him, and other goods; he was allowed to have them, and when he sold them he brought the money, which was paid to the firm.

Broom's Defence. Mr. William Collins let me have some stockings on credit; I always took back the money regularly, when I sold the things; I have not had a single thing out of his shop that has not been paid for.

CHARLES COLLINS re-examined. My brother may have allowed Broom to take stockings and pay for them afterwards, but I do not know of anything of the kind—Johnson had no authority to part with needles to Broom without payment—about two years ago my brother obtained some stockings for him, and he paid for them next morning—I believe that is the only instance in which he had credit—Johnson has been about eight or nine years in our employment—he always bore a respectable character up to the present time—we have seventeen or eighteen persons in our establishment.

Johnson. Having lived so long in the concern I took the responsibility of giving Broom credit, on my own shoulders.


First Jury, before Mr. Justice Cresswell.

2nd February 1846
Reference Numbert18460202-498
VerdictGuilty > lesser offence

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498. MICHAEL MARLOW was indicted for feloniously forging and uttering an order for the payment of 10l. with intent to defraud George Carr Glynn, and others:—other COUNTS, stating his intent to defraud Henry Thomas Timson.

MESSRS. BODKIN and DOANE conducted the Prosecution.

WILLIAM HUBBLE . I am landlord of the King's Head, at Clapton—about a week or ten days previous to the 23rd of Dec. last, the prisoner came to my house—I cannot speak positively to the day—I knew him before—he came for a bottle of brandy for Mrs. Tate, as he had done before—I gave it him, it came to 6s. 6d.—he tendered me this check for 10l. in payment—I gave him the change—he paid me for the bottle of brandy out of the check—I stated to him that there was a bottle or two bottles owing for by Mrs. Tate—he asked me who fetched it—I told him Mrs. Tate's son—he said the son had deceived his mother—I wished him to name it to Mrs. Tate, to see if it was correct—he said he would be sure and do so—I kept the check till the 23rd of Dec., when I paid it away to Mr. Rafferty, the collector to Truman and Hanbury's, my brewers—I saw the prisoner taken in custody on the 5th of Jan., by French the officer, at his own house—he was not taken for this check, but for another which I cashed for him—I told him the check I had cashed for him that day week had been returned to me as a forgery—he said it was given him either by Mr. Timson or Mrs. Tate—I said I had been to Mrs. Tate, and she

denied all knowledge of it, and it was for him to account from where he got the check—he dressed himself and accompanied me and the officer to the station-house.

Prisoner. Q. After you told me of the bottle of brandy being owing for by Mrs. Tate, was it paid for without applying to Mrs. Tate for payment? A. It was paid when I sent in the bill—it was paid by Mrs. Tate, and without any dispute—it was not named to me when paid that you had mentioned it—you had been in the habit of coming to my house for brandy many times—I think not so often as once a week—I should think you have paid me six or seven checks for Mr. William Timson—I cannot speak at to the exact number—those checks were always paid on presenting them at the bank, I suppose—I did not present them myself—I paid them away and heard no more of them—I cannot say whether you had any gin at the time you had the brandy—you might have had—by your saying Mrs. Tate's son had deceived his mother, I concluded he had deceived her in some way—I cannot exactly say in what manner—that he had got the brandy without orders.

MR. BODKIN. Q. How old is this boy? A. Fourteen.

JOSEPH RAFFERTY . I am a collector to Messrs. Truman, Hanbury, and Co.—on the 23rd of Dec. I received this check from Mr. Hubble—I have written across it, and my figures are at the back—I afterwards paid it into Messrs. Hanbury, the bankers, in Lombard-street.

CHARLES BROWNING . I am clerk to Messrs. Hanbury's, the bankers, of Lombard-street—this check was paid into our bank on the 24th of Dec., on account of Messrs. Truman—it was passed through the clearing-house to Messrs. Glynn's—I know that by reference to our books—I did it myself—I am the clearing-house clerk—I cannot swear to taking it myself, but they send down every half hour to the clearing-house, and it might have been sent away.

CAMPBELL HARDY . I am clerk to Messrs. Glynn's, the bankers of Lombard-street—this check was paid into our bank on the 24th of Dec. last—I cashed it myself—here is a memorandum of mine on it—Mr. Henry Thomas Timson keeps an account with us—Mr. George Carr Glynn is one of the partners—there are several others.

Prisoner. Q. How many times have you cashed checks for me? A. Never that I recollect.

LOUISA FRANCES JANE TATE . I reside at Upper Clapton. I am the wife of Mr. Monkhouse Tate, and the daughter of Mr. William Timson—my father is in very infirm health—he is an inmate of Morden College, Blackheath—I remember his leaving that asylum about the autumn of last year, in consequence of some repairs about to be made there—he was at Clapton for some length of time—not for months, the last time—he had been at Upper Clapton previously—the last time he left the asylum, to come to Clapton, was in June or July—I took a lodging for him near my residence at Clapton—previous to that he had an attack of paralysis—he was in an excessively infirm state of health—the prisoner's wife attended him as a nurse during the whole time of his residence at Clapton—he went back to the College about the end of Aug., I believe—she accompanied him to the College, then returned home, and was discharged—during my father's residence at Clapton, he occasionally had the prisoner's assistance—I believe my father employed him to write letters for him—I saw him writing. and I believe it to have been letters, but I have not seen them—I knew that my father was in the habit of receiving remittances from his cousin, Mr. Timson, of Southampton—they were generally checks, as far as I have seen—I do not know that the prisoner was employed by my father to change those checks for him occasionally—I can

only imagine so—I have never seen him sent—I did not about the 23rd of Dec. last, send the prisoner with any check to Mr. Hubble—I had done with him long before—I am certain I did not send him at any time in Dec.—I never sent him to Mr. Hubble with any check for 10l., in my life—I know nothing of the check produced—I never saw it till it was shown to me at Worship-street.

Prisoner. Q. How long is it since you ceased to employ me? A. Several months since, when I discovered your dishonesty—I never said to your wife, about last Christmas, that it would be a good job if you were sent out of the country—I do not think it relevant to the case to say whether I deal in tea, wine, and spirits, without having a license—I would certainly rather not answer the question—I compounded with my creditors about three years back, and paid 7s. in the pound—a Mrs. Bell was boarding with me at that time—there was not a quantity of plate and household furniture removed to Mr. M'Kenzie, of Church-street, Newington, in the name of Mrs. Bell—I never gave you a check to get cashed for myself, nor for anybody, that I recollect—I have not placed a basket with straw in it to encourage my neighbour's fowls to lay eggs in it.

MR. BODKIN. Q. I believe your husband is still living? A. He is—he is not in a lunatic asylum—he is insane, but in my own house, and has been so for eight years—that has reduced our circumstances—he was formerly secretary to the Pelican-office.

HENRY THOMAS TIMSON . I live near Southampton. I have an account with Messrs. Glynn—I have been in the habit of forwarding checks to my cousin at Clapton, and occasionally two or three to Mrs. Tate—this check is not written by me—no part of it—I never authorized anybody to draw it, or sign my name to it—I never saw the prisoner till he was at Worship-street—I always draw my checks on plain paper.

WILLIAM TIMSON . I am an inmate of Morden College, Black heath—in the course of the last year I resided for some time at Clapton—during that time I was waited on by the prisoner's wife as my nurse—I employed the prisoner occasionally—I was in the habit of receiving from my cousin at Southampton, checks for small sums, very seldom beyond five pounds—this check is not my cousin's writing—I know nothing of this check—I never gave it to the prisoner to get it changed, or had anything to say to him on the subject—I never saw the check in my life till I was before the Magistrate—I returned to the college, I think, on the 18th of Aug.—I saw no more of the prisoner after that till the evening of the 13th Dec., when he came to the college about six o'clock—I was up at the time, and my nurse was with me—I inquired how his wife did—he put a half-crown on the table for my nurse—I told her not to take it, because it would be more useful to his family and children—she did not take it, but left it on the table—he then put a sovereign into my hand, and then immediately put in two more—I said, "I will not accept of this unless you inform me how you came by it, or who it is that sent you"—he said nothing, but closed my hand, fixed the money in it, and said, "It is yours," and he kissed my hand, said there was a cab waiting, and off he went—he appeared to me to have been drinking—he took a little gin and water at my place—just before I left Clapton I had occasionally employed him to write a few letters to persons with whom I had formerly been acquainted—he wrote the letters, and I signed them myself—they were written to particular friends of my own—Mrs. Tate had spoken to me about those letters before I went back to the college, and in consequence of what she told me I desired him not to deliver any letters belonging to me, or written by me, to any of my friends, because I was informed that he was

an improper man to do it—I told him he was to give any letters or papers of mine that he had in his possession to Mrs. Tate—that was the day before I left Clapton—I did not see him after that, till the 13th of Dec., and had no communication with him in any other way.

Prisoner. Q. Was it not through fear of being apprehended by the police as a begging-letter impostor, that caused you to leave Upper Clapton in a hurry? A. I certainly left it the very next day, under the apprehension that I might get into difficulties through you—I asked you to take something to drink the night you came to me at Blackheath—it was not a cart that you said was at the door—you have written letters from a copy of mine to friends of mine requesting assistance for me—I should think as many as twenty or thirty—I do not know as to one hundred, but you have written I should say fifty first and last, at different times—I think not more—they were all to private friends of mine, all respectable gentlemen—they were to different persons—I have no recollection how many quires of paper you got from Mr. Dawes, the post-master at Clapton, for me—I was very ill when at Clapton, and had medical assistance, and I did not pay those before I left—I left no other persons unpaid—I have no recollection of leaving Mr. Allen, of Morning-lane, Hackney, upwards of 5l. in debt for spirits and wine—I did not leave the butcher between 2l. and 3l. in debt, nor a farthing that I recollect—I did not leave Mr. Dawes, my landlord, in debt for my apartments—I had a bed and a few other necessary things from Mr. Morris, the upholsterer, which I did not pay for till after I left Clapton—they were all paid immediately after—I believe I left 7l. odd unpaid for with Mr. Reynolds, the grocer—that has been paid since, except one pound, which is due to him now—I never told you that Mr. Henry Thomas Timson was compelled to send me from time to time checks for small sums, and that it was only that consideration that prevented me from publishing the memoirs of my life, showing how my cousin's father in former days had robbed or wronged me of 2,000l.—nothing of the sort.

MR. BODKIN. Q. Was your living at Clapton in the state of health in which you were, attended by considerable expense to you? A. Very great—at the college I have medical attendance free of expense—the letters the prisoner wrote for me he was requested to deliver—all that came to my hands from those letters was 10l. from one gentleman who lives at Upper Clapton, 1l. from Mr. Watchorn, and half-a-guinea from Mr. Fowler, the banker of Princes-street, that is all.

ANN NEWMAN . I was nurse to Mr. William Timson at Morden College in Aug. Last, and was in constant attendance on him from the 20th of Aug. till the present time—I never saw the prisoner there till the 13th of Dec.—he came that evening at half-past six o'clock—he was much intoxicated—he came in, and Mr. Timson said, "Who is that?"—he said, "Charles"—he sat down in a chair close by the side of Mr. Timson, got hold of his hand, and said he was so very glad to see him, and he had come to ask him a particular favour—Mr. Timson asked him what it was—he asked Mr. Timson if he would give him two or three lines as a recommendation for a labourer on the Brighton railroad—Mr. Timson said he would do so, and desired me to give him pen, ink, and paper, which I did, and he wrote him I should say four or five lines—he read it to the prisoner—I cannot say the purport of it—the prisoner folded it up and put it in his pocket—he then sat down in a chair and made a great deal of fuss with Mr. Timson, shaking and kissing his hand, and presently he took half-a-crown and put it on the table—Mr. Timson said, "What docs that mean?"—he said, "It is for your nurse"—Mr. Timson told him he would not accept of it, and he was sure his nurse would not—I

did not at the time—Mr. Timson told him to take it home to his wife and family, for they were more in want of it than I was—he was talking some time to Mr. Timson—I cannot say what he said, and he went down on his knee before Mr. Timson, closed his hand, kissed it, and put a sovereign into it—Mr. Timson said, "What does this mean, Charles? I shall not accept of anything of the kind unless you tell me for what reason you give it me, or from whence it comes"—he made no answer—he sat some time—Mr. Timson had a glass of gin-and-water, and the prisoner partook of it—they talked of one thing and another for about half an hour or better, till Mr. Timson seemed quite fatigued—he asked Mr. Timson to spend Christmas with him, he could provide him a nice bed and plenty of everything—Mr. Timson said his health was not fit for that, he could never come—the prisoner had some gin-and-water and a glass of wine also, which I gave him—I left the room for a short time, to prepare Mr. Timson's bed—I came back in about five minutes, and Mr. Timson then had three sovereigns in his hand—he opened his hand and said, "I have got three sovereigns"—I said, "Indeed, have you?"—the prisoner jumped up out of the chair and said, "Good night, God bless you! take it, it is yours"—he said, "I will not keep it unless you tell me where you got it, or from whence it came"—he jumped up, opened the door, and went away saying, "I have got a cab and a man waiting"—that was all I heard.

Prisoner. Q. Did you read the letter of recommendation, as you call it, which he gave me? A. No.

WILLIAM FRENCH (police-constable N 151.) I took the prisoner into custody at his own residence, No. 16, Margaret-street, Stoke Newington, on the 5th of Jan., about half-past eleven o'clock at night—Mr. Hubble was with me—I have known the prisoner some time—I believe he has been formerly in the police—I found the prisoner in his bed-room—I called Mr. Hubble in to charge him—Mr. Hubble said he charged him with uttering a forged check on that day week—he said he knew nothing at all about it, he could not charge his memory with anything of the kind, for the last month past he had been in the habit of going there, but he could not say as to the last time—Mr. Hubble requested that he might call on Mrs. Tate as we went along—the prisoner wished particularly to know if he was in custody, I being in plain clothes at the time—he said if he knew he was in custody he would make us pay for it, he would make something out of it—I said I was an officer, and if he wished to sue anybody he might sue me, I should take the responsibility upon myself—I then took him into custody—he said he was quite agreeable to go with me, but he would make the old b—pay for it—he also said he would open a ball before the Magistrate—he said he had many letters at home which he had written for Mr. Timson, and which I found, and which are now in possession of Mr. Bush.

Prisoner. Q. Did not I tell you where to find them? A. No—you said there were some at home—I do not recollect your saying they were in the teapot—your wife gave them to me out of a box—I believe you said you had been made a tool of by the old gentleman at Blackheath, and that he had promised to give you half of whatever might be realized, in the event of your writing him more letters, to induce you to do so.

WILLIAM MATE (police-constable N 28.) I was at the station when the prisoner was brought there—after he had been locked up a short time, he requested he might write to his wife—I furnished him with some paper—he sat in a chair, and said, "Well, Sergeant Mate, I suppose I shall be fully committed on this"—I said I knew nothing about it—he said "I have been made a complete tool of for other people; and as for that check, I received it of Mrs.

Tate"—I said, "I do not know, it does not look like a female's writing"—he said, "As for that, I can imitate five or six different handwritings"—Mr. Hubble and the other constable then came in, and it was dropped.

Prisoner. As God is my judge I never made such a remark to that policeman. Witness. He did make that remark as he sat in the chair—there was nobody else by.

WILLIAM ATTEWELL . I am a hair-dresser, and live at Upper Clapton. I know the prisoner, by his being in the neighbourhood for the last three or four years—I have received a note from him, and have often seen him writing at Mr. Gibson's—this check is very similar to the note I have in my possession—I have acquired a knowledge of his handwriting by having seen him write—I should judge the check to be his handwriting—that is my belief.

Prisoner. Q. Did not you shave Mr. Timson while my wife was his nurse? A. Yes—in consequence of a remark I made respecting her character you came to my shop and assaulted me, about three months since—you wanted to know what I had got to say against your or your wife's character—I said I thought neither you or your wife were any better than you ought to be—you began to swear—I told you it was no use kicking up a row with me—(you had been there the night previous kicking up a noise)—you said you would d—d well shave me, and struck out at me, but I avoided the blow, and put you out of the shop—I got my coat torn in the scuffle—I took out a warrant for you, had you up to Worship-street police-office, and you were fined 15s. for the damage done to my coat—that was at the time Mr. William Timson lodged at Mr. Dawes—the origin of the dispute was my leaving some combs there, and having a great deal of trouble to get them—I have not spoken to you since, or you to me.

COURT. Q. What opportunities had you of seeing him write? A. During Mr. Timson's stay at Upper Clapton I have seen him there five or six mornings out of the week, writing at the table, and I have had opportunities of seeing the letters then—it was a very small room—I never read any of the letters he was writing—I had no further opportunity of seeing him write—( check read)—"London, Dec. 3, 1845. Messrs. Glynn and Co., pay to Mr. William Timson, or bearer, 10l.


(William Base, clerk to Messrs. Bush and Mullens, solicitors for the prosecution, proved the service of a notice on the prisoner, on the 4th of Feb., in Newgate that Mr. William Timson and Mary Ann Newman were to be examined at the trial.)

Prisoner's Defence. I first became acquainted with Mr. William Timson on the 24th of Dec, 1844, and was employed by him as a messenger; he was at that time on a visit to Mrs. Tate, his daughter; it was limited to a week, but Mr. Timson, for purposes which will appear presently, was seized with an attack of epilepsy, and was unable to return home; it was then he employed Mr. Garratt, of Hackney, who will certify that his illness was mostly caused by excessive drink, as he has many times told me, and Mr. Allen will state the quantity of drink consumed by him; when Mr. Timson found his money nearly exhausted he employed me to write from two to three hundred letters ten, twenty, forty, and forty-five a day, to many gentlemen, and many to Mr. Henry Thomas Timson, who, he informed me, from time to time, transmitted him checks varying from 5l. to 10l.; he employed me to cash them; I have done so many times, but, having a severe injury on the head, I am unable to recollect the dates—he received, on the strength of the letters I wrote from his dictation, nearly 100l.; and a copy of one letter, in his own handwriting, was in possession of the police, together with other letters, and a copy of certain bankruptcy proceedings to the amount of upwards of 9,000l., which he

many times told me Mr. Henry Thomas Timson would be glad to get hold of; after thirteen weeks' residence at Clapton he returned to Blackheath, leaving every tradesman in debt; he afterwards returned, and lodged first at Mr. Alby's, the ironmonger's, who will speak as to the state of Mr. Timson while there; he had not been there a week before I cashed him a check for 5l. at Mr. Hubble's; he afterwards moved to Mr. Dawes', the post-master's, whose brother William I will call, and who received instructions from Mr. Timson to deliver to him any letters addressed to Charles Marlow, Esq., it being agreed to distinguish such letters from my own from private friends; in the course of a few days he got me to write sixty letters without any signature, as he said he would sign them himself, and which I posted, directed to different gentlemen; he wished me to write again; I refused when I found he dictated such infamous falsehoods for the purpose of exciting commiseration; he subsequently sent about for another person to write for him; he wished me to wait on the gentlemen personally; I did so, and among them I may mention Mr. Alderman Moon, with whose son I had an interview; I have a list of thirty-four persons whom I waited on, but every one of them, except two or three, expressed the greatest disgust at his conduct, and said he was an accomplished old swindler; I told him the result of my applications, and he wrote another letter to Mr. Timson for money, which I do not think was attended to, as, after a sufficient time for an answer, he said his cousin ought to do something for him, as the money in his cousin's hands ought to be his, for his father had robbed him of 200,000l.; and he said, if he did not send him something, he would get out of him what he could; he afterwards left Upper Clapton, indebted to almost every one; the two medical gentlemen, and even my wife and myself, were not paid. On the 10th of Nov. I received a communication from him, enclosing a 10l. check, desiring me to pay his bill which was due to Mr. Hubble; I did so, and if Mr. Hubble or the solicitor for the prosecution would take the trouble to examine and compare time, place, and circumstances, I should be exonerated altogether; I beg the check produced may be compared with the begging letters in the hands of the police; I assert that every time I cashed checks it has been by the order of Mr. Timson or Mrs. Tate; although Mrs. Tate says she never gave me a check to pay bills—I have highly respectable persons to prove she received a check of 10l. of Mr. Henry Thomas Timson, and I can produce the grocer's errand-boy, Charles Spinks, to prove that since Christmas last he has delivered to me two letters from Mrs. Tate at my own house, and Mrs. Clark will state that I went out for the purpose of waiting on Mrs. Tate by her orders; I had the check from her to pay for the brandy; I have a wife and four children, and I too sincerely doat on them to run the risk of punishment and separation from them for the paltry consideration of a few pounds; I have been an unconscious tool in the hands of artful and designing persons, and I solemnly declare my innocence; Mr. William Timson says he left Upper Clapton because of my bad character, that he was frightened of being apprehended in consequence of my delivering these letters, and yet he afterwards gives me a recommendation; then again he says I left directly after giving him the money, the evening I called on him at Blackheath, and the servant says I stopped for half an hour, and she did not see what kind of recommendation it was; it was no recommendation to the Brighton Railway Company.

WILLIAM DAWES . I keep the Post-office, at Clapton. I received orders from Mr. William Timson, to deliver letters directed to Charles Marlow, Esq., to him—I remember delivering him one letter so addressed, but no other.

KATE SAYER . In Aug. last I saw the prisoner with a paper in his hand,

which I believe to be a check, but I do not know, because it was doubled up in his hand—he said it was a check—it was in his own place—about half-anhour afterwards I saw him with some sovereigns and silver in his hand, and a bill that he had been paying, as he said, from that check—I was not present when anything passed between him and Mr. Timson, about refusing to write any more letters—I know he wrote a good many letters for Mr. Timson—I have seen him sitting, writing at his own home, and saying he was going to write for the old gentleman.

MR. BODKIN. Q. Was this at the time Mr. Timson was living at Clapton? A. Yes.

MARY HURSANT . I keep a shop at Clapton—we have two businesses—I attend to one, and my husband to the other—Mr. Timson was a customer of ours—he had a bill rather over 2l., which was paid by the prisoner in the early part of Sept. last, by a 10l. check—I gave the change—I recollect other checks being changed previously, but I cannot recollect the amounts—this was the last.

MR. BODKIN. Q. What enables you to say it was in Sept.? A. By my cash-book—I have not got it with me—it is merely a private memorandum, that Mr. Timson's account was paid on that day—I have referred to it, knowing the question might be asked—I should say it was not at the latter end of Aug.—I cannot say what I did with the check—our business is extensive—it went with other checks in payment.

HENRY THOMAS TIMSON re-examined. I remember my cousin's return to the College, from Clapton—I think after that I transmitted him a check for 10l.—I sent it to him at Morden College, and I think I sent him a 5l. banknote—I sent a check to Mrs. Tate about that time—I sent one check, I think, for 10l., and another, I think, for 17l. 10s., or 17l., I am not sure—one of the checks was to pay the debts contracted during his illness.

MRS. TATE re-examined. Shortly after my father went back, I remember receiving a communication from Mr. Henry Timson—I did not entrust the prisoner with any part of the paper that Mr. Timson sent me—I received no money from the prisoner after my father had gone back to Morden College.

GUILTY of uttering. Aged 30.— Transported for Ten Years.

(There were three other indictments against the prisoner.)

Before Mr. Justice Williams.

2nd February 1846
Reference Numbert18460202-499
VerdictGuilty > lesser offence

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499. PETER HURLEY was indicted for feloniously assaulting James Adams, and wounding him on the head, with intent to do some grievous bodily harm.

MR. BALDWIN conducted the Prosecution.

JAMES ADAMS . I am an invalid, from the navy. On Sunday night, the 4th of Jan., I was at the Three Cranes, Brick-lane, in the forepart of the evening—I was afterwards at the Rose and Crown, in Wentworth-street—that must have been after eleven o'clock—I saw the prisoner there—I had no conversation with him—there was another man in company with him, who endeavoured to get me into conversation, and called me a b—liar once or twice, from answers which I gave him—I saw they wanted to pick a quarrel with me, and I drank my beer up, and asked the landlady to let me go out—she opened one half of the door, and as I was going out, the prisoner came and struck me a blow in my left cheek—I would have come in again if I could, but the landlady kept me out—I went across the street, and made water, and when I turned round, the prisoner was in front of the public-house door—I crossed the street to accost him for striking me in the face—he was on the pavement—I had no time to speak to him before he struck me on

the forehead with a stick, which threw me forward—I cannot say whether he came to meet me—it is a narrow street—I had a blue cloth cap with a peak to it, which was knocked off my head—I did not fall down—I do not remember receiving any other blows myself—I recovered my senses before I got to the station—a policeman had me in his arms, behind the prisoner—I was sent to the hospital that night—I was bleeding severely—I do not feel any injury from that blow, but I do from another on the joint of the jaw—I can scarcely eat—it is decreasing.

Prisoner. Q. Was it not a quarter past seven when I went to the public-house, and was not you there drinking then? A. It was a little after eleven when I first went in—I was there three quarters of an hour—I only had one pint of beer—the man with you began the conversation—he asked me how long I had been in London—I said since 1815—he asked if I knew any of the fighting-men of those days—I said, "Yes, Oliver, Crib, Molineaux, Carter, and several"—he immediately called me a b----liar—you were seconding him in what he said—I never touched you, or trod on your foot—I was not near you—I was not going up to you to strike you when I received the blow—I was going to ask you why you struck me in that cowardly manner.

HANNAH MARTIN . I live in Keate-street, Spitalfields—on this Sunday night I was in Wentworth-street, outside the door of the Rose and Crown—I saw Adams come out of that house, and as he came out I saw the prisoner hit him with his fist once—Adams then went across the way—the prisoner stood outside the door during that time—Adams then came back again, and when he came as far as the pavement, the prisoner took the stick up, and hit him with it three times on the head and on the face—I saw the blood streaming down Adams's face—I did not see him strike or do anything to the prisoner—I called the police.

Prisoner. I never saw this woman till the policeman came—he came between me and the street, as I was going across—he was going to affront me, and I was forced to take my own part. Witness. I did not see Adams hold up his fist, or show any signs of striking the prisoner—he was standing in the road and the prisoner on the pavement when he received the blow—this is the stick he was struck with (produced)—he struck with the iron end.

SAMUEL EGERTON (police-constable, H 193). I came up about half-past twelve—Martin was supporting Adams up against the wall—I asked who did it—she pointed to the prisoner, who was going on, with this stick in his hand—I went and took him into custody—I asked why he struck the man—he said, "An Irishman can always take his own part with his shillelah"—I took him to the station, and the prosecutor to the hospital—the prisoner appeared to be drunk.

Prisoner. I was moving towards you. Witness. No, he was going from me.

JOHN CAYWOOD WORDSWORTH . I am house-surgeon at the London Hospital—Adams was brought there about two o'clock on the morning of the 5th of Jan.—he had several blows about the face, and a wound on the left side of the head—it was a serious injury—it was an actual wound—the skin was broken—the injuries were such as were likely to be produced by such a weapon as this stick—I should imagine with the iron end.

Prisoner's Defence. I hope you will have compassion on me; I am a poor distressed cripple, and cannot walk without a crutch and this stick; I have been five weeks in prison; the prosecutor was drinking with prostitutes, and was as drunk as he could be.

GUILTY of an Assault. Confined Four Months.

OLD COURT.—Saturday, Febuary 7th, 1846.

Third Jury, before Edward Bullock, Esq.

2nd February 1846
Reference Numbert18460202-500
VerdictGuilty > pleaded guilty

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500. HARRIET GIBBS was indicted for unlawfully concealing the birth of her child; to which she pleaded

GUILTY . Aged 22.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-501
VerdictGuilty > unknown

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501. EDWARD PAYNE was indicted for embezzlement.

JOSEPH BAGLEY . I am a lath-render, and live in Boston-place, Dorsetsquare. The prisoner lived with me—he used to take out goods and receive money for me—he left on Christmas eve, and never returned—I expected him back at seven or eight o'clock the next morning, to clean the horse.

JOHN HEATHCOTE . I live in Milton-street, Dorset-square, and deal with Mr. Bagley for bundles of wood. I had a cwt. of wood from him a day or two before Christmas—I do not recollect the day exactly, and am not quite sure who delivered it to me, but whoever it was I paid half a crown and sixpence to.

JOHN SIMPSON HORNE . I live in Devonshire-street, Lisson-grove. I deal with Mr. Bagley for wood—on the 23rd of Dec. the prisoner brought me some wood from him—there was another with him—I paid the prisoner 5s. 10 1/2 d. for it in shillings, sixpences, and copper.

JOSEPH BAGLEY re-examined. I sent wood by the prisoner to Mr. Heathcote before Christmas, in a sack—he never accounted to me for the money, but said Mr. Heathcote would call and pay me—he gave me 4s. 10 1/2 d. of the money received from Mr. Horne, and said Mr. Horne would pay me the other 1s. the next time, he had no more change.

CHARLES DUKE (policeman.) I apprehended the prisoner in Charles-street, Bayswater, on the 22nd of Jan.—I told him what it was for—he said, "Very well, I will go with you," and he went with me.

GUILTY . Aged 18.— Confined Six Months.

Before Mr. Baron Rolf.

2nd February 1846
Reference Numbert18460202-502
VerdictNot Guilty > no evidence

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502. GEORGE GREEN and JAMES THOMAS were indicted for b—g—y.

The witnesses not appearing, the prisoners were


Before Mr. Justice Cresswell.

2nd February 1846
Reference Numbert18460202-503
VerdictGuilty > unknown

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503. EDWARD JACKSON was indicted for feloniously cutting and wounding Thomas Carter on the left side of his body, with intent to do him some grievous bodily harm.

MR. MELLOR conducted the Prosecution.

THOMAS CARTER . I live in Pear-street, Westminster. On the 27th of Jan., at half-past eleven o'clock in the morning, I saw the prisoner at Mr. Clark's public-house, Horseferry-road, Westminster—we were drinking together till half-past four or a quarter to five o'clock, and then had a few words—we were both drunk, and had a struggle two or three times outside the door—I heard somebody halloo out, "Mind the knife, Tom"—I directly got out of his way, put my hand into my left-hand pocket, and drew it out full of blood—I had received a wound, but did not feel it inflicted—I instantly ran into the public-house, called out that I was stabbed, pulled down my clothes, and showed the barman where I was stabbed—I was instantly taken to the doctor's, then to the station-house, and then on a stretcher to the Westminster Hospital—I never quarrelled with the prisoner before—I have known him some time, and we were always on good terms.

Cross-examined by MR. BALLANTINE. Q. Had you seen any knife? A. No—we got wrangling and fought—we struck each other several times—I do not know who struck first—the prisoner's wife has since given me 10s. to assist me, as I could not work.

RICHARD STONE . I am a shoemaker. I live in New-street, Westminster—I was at the bar of the public-house—the prosecutor and prisoner were drinking together and sparring—there was then a quarrel and fight—the bar-man put them outside the door, where they fought, and soon after the prosecutor said he was stabbed—I was close to them, and directly he said he was stabbed I saw a knife in the prisoner's hand—the prosecutor went to the doctor, who sent him to the hospital—I went with him and he was put to bed.

GEORGE BAKER (police-constable B 130.) I was in Horseferry-road—my attention was attracted by a crowd—I saw the prisoner and prosecutor there—the prisoner had a knife in his hand covered with blood—I seized him by the wrist, and attempted to take it from him—it was taken from him by another person and given to me—I took the prisoner in charge—I saw the prosecutor was wounded.

Cross-examined. Q. Was not the prisoner's hand cut? A. He had a cut on his finger, which was bleeding—I did not see a cut inside his hand.

THOMAS CARTER re-examined. I have not been at work since this till last Saturday—I sell nuts in the street—I came out of the hospital the same night—they wanted me to stop, but I would not—I had a plaster put on the wound, which was changed last Monday—the wound was then open—it is on the left side, above the hip—I have had no medicine.

GUILTY . Aged 28.— Confined Two Months.

Before Mr. Baron Rolfe.

2nd February 1846
Reference Numbert18460202-504
VerdictsGuilty > unknown; Guilty > with recommendation

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504. JAMES SUMNER was indicted for feloniously and knowingly uttering a forged warrant and order for the payment of 2l. 5s., with intent to defraud Morris Horwitz: and RICHARD WATSON for feloniously and maliciously inciting, &c., the said Richard Sumner the felony aforesaid to do and commit.

MR. ROBINSON conducted the Prosecution.

HANNAH HORWITZ . I am the wife of Morris Horwitz, slop-seller, East Smithfield. On Wednesday, the 7th of Jan., in the evening, the prisoner Sumner came to our shop and presented this advance note, and asked me if I would cash it—it was for 2l. 5s.—I asked how he wished to have it cashed—he said he wanted clothes and money for it—he looked out articles which came to 1l. 12s.—he asked if I would allow him to have the balance, 13s., that evening, and I gave it him—he asked if he might take a cap which he had selected, as his old one was very shabby—I let him have it—he said his vessel laid in the London Dock, and was going to sail in the morning—that he lived with a widow named Cox, in Cannon-street—he said he would call about half-past eight o'clock in the morning for the things, but he did not, and I sent to the Minories to the address on the note, and from what the man I sent told me, I sent for the police.

Cross-examined by MR. HUDDLESTON. Q. Your husband deals in marinestores? A. No, only clothes for seamen—the prisoner had selected the cap before I gave him the 13s. I am sure—the price was 3s. 6d.—he left his old cap behind—I have cashed a great many of these notes—he tried on a pair of shoes.

HENRY SOUTHAM . I am in Mr. Horwitz's service. I was present when Sumner came with the note—I was sent next day to No. 12, Minories—I found no "Newman and Hunt" there—it is a toy-shop—no such persons lived there—Sumner had told me he belonged to the Albion, lying in the London Dock,

bound for Jamaica—I went to the London Dock and inquired for the Albion—there was the Albion there, but no ship bound for that port.

CORNELIUS FOAY (police-constable H 98.) On Thursday morning, the 8th of Jan., I received information from Mrs. Horwitz, in consequence of which I saw the prisoner Sumner on Friday morning, the 9th, at the Sailors' Home, and asked if he had been in the Highway and looked out some goods—(the prosecutor's shop is in the Highway)—he said no he did not use the Highway—I did not secure him then, but in consequence of information I went again to the Sailors' Home about six o'clock the same day, and told him I took him into custody for obtaining some money and a cap—he said, "It is no use denying it, I am the man; I was induced to do it by another man," (pointing to the prisoner Watson, who could not hear him, as he was at the farther end of the room, which is larger than this Court)—I called Watson—he came—I showed him the note, and asked if that was his handwriting—he said it was, and said, "I bought it, and filled it up, and gave it to Sumner"—(Sumner heard this)—I know the firm of Newman and Hunt, No. 12, New Broad-street—I have seen Watson in their hall on the 9th of Jan.—I asked Sumner if his name was Sumner—he said, "Yes."

Cross-examined. Q. The Sailors' Home is an establishment for seamen on shore? A. Yes—these notes are sold in blank, at shops for 1d. each—they are printed.

HEBER PERRY . I am warehouseman to Newman and Hunt, No. 12, New Broad-street, and I have been so eleven years—I know of no other firm of that name—I have no doubt I should have heard if there was—we have no vessel called the Albion—I do not know Cox, whose name is on the note.

GEORGE DIX . I am a constable of the London Docks. On the 9th of Jan. the Albion, a regular Bremen trader, was in the dock—the captain's name is Ballard—she had been there about three weeks at the time—there was no other Albion in the docks.

Note read—"Three days after the Albion sails from Gravesend please to pay—or bearer 2l. 5s., provided the said William Martin has sailed in the said ship, &c, George Cox, commander, payable at Newman and Hunt's, No. 12, Minories."

Watson's Defence. I went into a shop in the Highway, and saw one of these notes lying there; I asked what they were; they said they were advance notes; I bought one, and put it into my pocket; I went into a public-house, and unfortunately there was a pen and ink upon the table, and I "did it up," but not with a felonious intent; it would require three different handwritings to fill it up, and you will find it is one writing; I went to the Sailors' Home, showed Sumner the note, and asked him if it was filled up properly, for I had only seen one before; he said it was not, and handed it to me again; in about two hours he said, "Show me the note," and said, "I will go and try and get it cashed, "but I did not think he would have done it, nor that anybody would cash it; it requires the signature of the seaman, the captain, and the person filling it up; I saw him in about three hours and said, "What did you do with that note?" he said, "What do you think, lighted my pipe with it;" I said that was all right; next day Foay came and asked if Sumner had not got a note cashed; I said, "Not that I know of;" I went back to the Sailors' Home and said, "Sumner, what did you do with that note? there is a policeman after you;" he then owned he had cashed it and got 13s., which he spent, but I never had any of it; I did not know what he was going to do with it.

(Captain John Shaw gave Sumner a good character.)



Recommended to mercy by the Prosecutor. Confined Two Years.

2nd February 1846
Reference Numbert18460202-505
VerdictNot Guilty > unknown

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505. ANN GOODWIN was indicted for feloniously breaking and entering the dwelling-house of John Cooper, on the 30th of Jan., at St. Margaret, Westminster, and stealing therein, 1 counterpane, value 5s.; and 1 sheet, 2s.; the goods of Emma Starkes.

MR. CLARKSON conducted the Prosecution.

HARRIET SMITH . I live with my mother, in Lower Crown-street, Westminster; she is a laundress, and occupies the front kitchen. On Friday night, the 30th of Jan., about eleven o'clock, I was ironing in the front kitchen, and heard a lucifer-match struck in the back kitchen, where a sheet and counterpane hung—I listened, but heard nobody move—I opened the door, then heard somebody on the kitchen stairs—I called out, "Mother, mother, quick!"—my mother came with a light, and missed the things—I heard somebody going up the kitchen stairs, run along the passage, and slam the street-door—I and my mother ran to the street door, and opened it—it was shut—I saw the prisoner running, about two doors from our door—I knew her—she had brought things to be washed three or four times—she has been in our house—she lived at No. 19, next door but one—she had passed her door when I saw her running—we followed, but did not see her secured—I saw her at the station.

Prisoner. I came out of my own house, heard the cry of "Stop thief," and ran with others—I know nothing of the things.

EMMA STARKES . I am the witness's mother, and live at No. 17, Crown-street. On Friday night, the 30th of Jan., I hung a sheet and counterpane in the back kitchen about half-past four o'clock—about eleven I heard my daughter call me to bring a light, which I did instantly—I went to the back kitchen door, and missed the counterpane and sheet, and instantly after I and my daughter ran up the stairs—I heard somebody going before us—the street-door banged to—we opened it and ran into the street, and the first I put my eye on was the prisoner—she ran down the street, when I called "Stop thief," as hard as she could—I had called "Stop thief" before I got into the street.

Q. Was there anybody else in the street? A. I saw two boys going in a contrary direction to her—they were children—I followed the prisoner—she ran into Charles-street—I did not see her go into any place, but the bystanders pointed out and said the thief was gone in there—a policeman came up, and I saw her in custody—I am sure she is the girl.

ROBERT HARVEY (police-constable.) On the night of the 30th of Jan. I was on duty in Charles-street—I saw the prisoner running towards me—I think she saw me—she ran into the passage of a chandler's shop—I went into the passage, and found her at the top of the kitchen stairs—she had passed the door of the shop, which is inside the passage—I asked what she was doing there—she said she was going into the chandler's shop for a saveloy—I said she had passed the shop door, and she was charged with stealing a sheet and counterpane (I had heard that at the door) she said it was a false charge, and that no one saw the things in her possession—before that she said the shop door was shut, but it was wide open—I took her to the station—she was searched by a female—she gave me a latch key herself, which I tried to the prosecutrix's door—it opens it—it also opens the prisoner's own door.

JOHN COOPER (police-constable.) I live at 17, Lower Crown-street, Westminster, and rent the house—the prosecutrix lodges with me—I was at home on this night, in the front parlour—I heard somebody put the latch of the street-door down, and come in—I had got into bed—I then heard somebody pass along the passage, and the cry of "Thief" directly after—I heard

the door shut before I heard the cry—I got up and dressed, went down Crown-street, and found this sheet and counterpane, about three doors from my own, on the ground, opposite Nos. 20 and 21.

EMMA STARKES . This is my sheet and counterpane—the prisoner ran by Nos. 20 and 21.


2nd February 1846
Reference Numbert18460202-506
VerdictGuilty > unknown

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506. ANN GOODWIN was again indicted for stealing, on the 19th Nov., 2 gowns, value 8s.; the goods of Thomas Powell.

ELIZA POWELL . I am the wife of Thomas Powell, of No. 6, Lower Crown-street, Westminster—on the 19th of Nov. the prisoner lodged at No. 7—I hung two gowns to dry out of the second floor back window, which is about six feet from the prisoner's window, they could be reached by a long stick—I went to take them in about eleven at night, but they were gone.

WILLIAM BARNETT . I am shopman to Mr. Dickens, pawnbroker, Lambeth-marsh—on the 24th of Nov. these two gowns were pawned by a female, to whom I gave the two duplicates now produced—I cannot say who she was—they were both pawned on one day, by a woman, one in the name of Smith, and the other Calvert—I cannot say whether the same woman pawned them both.

JOHN COOPER (police-constable.) The prisoner was at the station-house the 30th of Jan., and said she lived at 19, Lower Crown-street—she did not say what room—I went there, and was shown the back attic, and there found a box containing five duplicates, two of which are for these gowns, also three door keys, a quantity of small keys, a gold ring, and china box—the prisoner saw these things at Bow-street—she said the large keys were in the drawer when she took the room, and the ring was her wedding-ring—she said nothing about the box.

HANNAH TANNER . I keep the house, 19, Lower Crown-street—the prisoner lodged there—I saw Cooper in her room—he found the keys—they were not there when she took the room.

ELIZA POWELL . These arc the two gowns I hung out.

Prisoner's Defence. The keys were in the room when I went in; as to the duplicates, I found them in a grocer's shop, and put them with my own duplicates; it was impossible for me to reach the things from the window; there is a wall between the two.

MRS. POWELL. There is not a high wall; they could be reached by a long stick.

GUILTY . Aged 40.— Confined Eight Months.

2nd February 1846
Reference Numbert18460202-507
VerdictGuilty > unknown

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507. HENRY FREDERICK WILLIAMS was indicted for stealing, on the 16th of Jan., in the dwelling-house of Julia Fitzgerald, at St. George, 1 pair of trowsers, value 10s.; 1 jacket, value 8s.; 1 sovereign, and 2 half-crowns, and 11 shillings; the property of Hector Steel; 2 handkerchiefs, value 2s.; the property of Julia Fitzgerald; and afterwards, about one in the night, burglariously did break out of the said dwelling-house.

JULIA FITZGERALD . I live at No. 2, Neptune-court, St. George's, East—it is my own house—I had a pair of trowsers, jacket, a sovereign, some half-crowns and shillings, belonging to Hector Steel—three ear-rings and two handkerchiefs belonging to myself—the ear-rings were in my ears—on the 16th of Jan. I saw the prisoner at Stepney—I was coming home with Hector Steel, and fell in with the prisoner, and we all came home to my house together, between twelve and one at night—we all three had something to drink there, and I told the prisoner he might lie on the sofa down stairs, as it was late, and I would go up stairs to bed with Steel—the prisoner remained

down stairs—I went up with Steel about one o'clock—Steel got up, and went for his trowsers for some money to get some drink, but his trowses and jacket were gone—there is no door to the up stairs room—I got up, went down stairs, and the prisoner was gone—I found the window-blind broken—it appeared somebody had got out there with my ear-rings and the articles mentioned—Steel has since gone to sea.

Prisoner. Q. Did you meet me in Stepney? A. No, on the Highway—I first saw you at Stepney—I was at the station-house for being tipsy—the servant took you into the house—I know Steel had a sovereign and some silver in his trowsers pocket—he is a sailor—I know the money was there when I went to bed—he had 16s. or 17s.—I got up between six and seven.

ELIZABETH NELSON . I live servant at this house. Last Friday week, a little after twelve o'clock, the prosecutrix and a young man came home together—they sent me for something to drink—the prisoner said he was shut out of his own lodgings it was so late, and I made him up a bed on the sofa in the parlour, and when he went to sleep I went out, and locked the street-door outside—I went to the next house—I took the candle with me—I had fastened the window myself with a bolt—I remained next door till two o'clock in the morning, sitting up for a young woman who lives there—I then went into the court, and saw the prisoner getting out of Fitzgerald's window which I had fastened—he had a bundle under his arm—he saw me and run up the court and up Neptune-street—I ran, and hallooed out, "Stop thief!"—he ran into Wellclose-square, and got away.

Prisoner. Q. Was I lying on the carpet by the fire? A. No, on the sofa—it is a sofa bedstead—the door was locked when you came out of the window—I had the key.

ROBERT FROST SMITH (policeman.) I apprehended the prisoner on the 21st of Jan.—I found on him these two handkerchiefs, seven duplicates, and three ear-rings—the duplicates are in the name of Nelson and Fitzgerald—the perosecutrix's house is in the parish of St. George East.

Prisoner. Q. What was the prosecutrix taken to the station for? A. On a charge of drunkenness—that was on the night of the 16th.

JULIA FITZGERALD . These seven duplicates were taken from my house that night—these handkerchiefs are mine, and were on my neck that night, and these are my ear-rings.

Prisoner's Defence. I was in Ratcliff-highway, and saw two men taking her to the station; knowing her for six years, I went with her; she was released; I went home with her; she ran out of the house, and kicked up a row; I carried her in twice; I left her and Steel in the house, and would not stop myself; she was carried up stairs and put to bed; she is perjured about the handkerchief; the ear-rings are hers certainly, for I got them from her; Steel would not go to bed with her she was so drunk, and swearing she would take the life of the publican for sending her to the station; the things produced, I released from pawn for her, and when she found I would have nothing to do with her she charged me with stealing them.

GUILTY . Aged 32.— Confined Three Months.—(See the next Case.)

2nd February 1846
Reference Numbert18460202-508
VerdictGuilty > unknown

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508. HENRY FREDERICK WILLIAMS was again indicted for stealing, on the 21st of Jan., 2 sovereigns and 2 5l. Bank notes, the property of David Craig.

DAVID CRAIG . I was discharged from the marines on the 20th of Jan., and received my pay from the Hecla; two 5l. notes and two sovereigns—I came to London by the steam-boat—the prisoner was a passenger on board—I went down below and saw him sitting by the fire—he asked what I was—I told him I was a seaman discharged, having lost the use of my right arm—he said

he belonged to the service, and told me to sit down—we had some gin and water; we landed at Blackwall, and came on to town by the train—he asked if I had anywhere to lodge—I said I had not—he said he would take me to a place—we went to the theatre, and slept at a public-house, in the same bed—I saw my money safe in my right-hand trowsers' pocket when I went to bed, in a paper—I put my trowsers on one side—after being in bed about a quarter of an hour he said he was not going to stop there for the night—I asked why—he said there was a thief in the house—I got up, took the trowsers in my hand to put on—he said, "Allow me to assist you, as you have lost the use of your arm"—in doing so he put his hand into my pocket, took out the notes and three sovereigns—I spoke to him about it—he said he would not give it to me till I went down stairs—we went down together, and he went from one public-house to another drinking—I at last asked him for my money—he said he had no money of mine, and told me to go away—I gave him in charge of a policeman.

ROBERT CROSS SMITH (policeman.) On the morning of the 21st of Jan. I went with Craig to the Half Moon and Seven Stars, George-street—I took the prisoner—he charged him with taking two 5l. notes and three sovereigns from his pocket—the prisoner was very little the worse for liquor, he was treating some prostitutes and cabmen—I said I must take him in charge—he directly turned to the prosecutor and said, "What is the number of your two notes? I have two notes and know the number of them, what is the number of your's"?—I again said I must take him into custody—I took him to the station—I said I must search him—he said there was no reason for that, he would pull out all the money he had got, he had two sovereigns and some change, or three sovereigns and some change, he did not know which, he had been on the cruise all night—I searched him, but did not find the notes on his person—as I was searching his shirt collar a man went out at the door and the prisoner threw his hand out towards the door, and after I had searched him, I found two 5l. notes, very wet, close to where he had thrown his hand out—he made some remark, and said he knew nothing about them, they were not his, that he should enter an action against us the following day for taking him on a false charge, and while my head was turned he caught hold of the prosecutor's coat and said, "Don't go any further with it, I will make it all right with you."

Prisoner's Defence. I met the prosecutor coming from the dock to the train; he asked where I was going; I said to London-bridge; he said if I would come with him he would pay me for my time; when we got to the bridge he asked where he could sleep; I went with him to a house by Billings-gate-market; he agreed to stop there, but in about ten minutes he asked me to take him to the Bull, as he knew the house; we went; he told me to stop inside while he went into the yard; when he returned the landlord abused him for making a mess outside; he pulled his things off in the house and gave them to me to mind while he put clean things on; he said there was money in the pocket; I shook it out on the table; he counted it and said it was all right; I never had it in my possession; all I saw was one or two sovereigns and a few shillings; he went to Drury-lane theatre that night and stopped there; I went to a public-house opposite and changed a sovereign of my own to treat him; I also paid the cab and 2s. for the gallery; we came home in a cab, went into a house in Ratcliffe-highway; he brought a policeman in there and said I had robbed him; he left the policeman with me and brought this man; he said I had robbed him of two 10l. notes at first, but at the station he said it was 5l. notes and never mentioned the sovereigns.

DAVID CRAIG . I cannot identify the notes—they were new notes like these.

GUILTY .— Transported Seven Years.

2nd February 1846
Reference Numbert18460202-509
VerdictNot Guilty > unknown

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509. JOHN ANDREWS was indicted for stealing 1 purse, value 1d.; 5 sovereigns, 1 half-sovereign, 2 half-crowns, 1 shilling, 1 gold ring, and 1 gold chain; the property of George Boyce, in his dwelling-house.

MR. PLATT conducted the Prosecution.

MARY ANN BOYCE . I am the wife of George Charles Boyce, of Strathmore-terrace, Shadwell, in the parish of St. George's in the East. The prisoner works at Mr. Frost's rope-ground, which is nearly opposite my house—I have been in the habit of seeing him often—he comes there usually of a morning for coffee—on the 20th of Jan. I had been up stairs, and brought down a gown and a purse with it—I placed the dress on the back of a chair to air at the fire, and the purse I put on the sofa—it contained five sovereigns and one half-sovereign, two half-crowns, and a shilling, a gold ring, a gold chain, and six duplicates—before I had time to change my dress the prisoner came in with other boys, Page, Pitt, and Cotton, for some coffee—hearing them come in, I picked up my dress and ran up stairs to dress myself, leaving my purse on the sofa—I forgot it—I came down in a few minutes, before the lads had left and cut some bread and butter for Page—the prisoner was sitting close to where I had laid my purse—Page sat close by him and Cotton on the opposite side, away from them—Pitt came in afterwards—he was not with them at first—they all went away in six or seven minutes after I came down, and a few minutes after they were gone I missed my purse—it did not exceed a quarter of an hour altogether—a policeman was called in—this is my purse (looking at it.)

Cross-examined by MR. PARRY. Q. These boys were in the habit of coming there regularly to breakfast? A. Yes—the purse was not in paper—the contents of it were—the prisoner said before the Magistrate that he did it for a lark, he thought it belonged to Page, one of his mates.

WILLIAM STOREY (police-constable K 149.) On the 20th of January, in consequence of information, I went to the house of Mr. Boyce, and from there to Frost's rope-ground, and took the prisoners Cotton, Page, and Pitt, into custody—I searched them at the station, but found nothing on them—I told them they were charged with stealing five sovereigns and one half-sovereign, two half-crowns, a shilling, a gold chain, gold ring, and some duplicates—they denied all knowledge of it—I afterwards went back to Frost's ropeground, where the boys work—there is a wheel there used for turning—I there found a purse with a sovereign in it, a gold chain, and a gold ring, which I produce—it also contained two half-crowns and one shilling—I still went on searching, and found two more sovereigns under the wheel, among the dirt near where I had found the others—I saw six duplicates turned over on the ground at the side of the wheel, where Page was at work—I believe Mr. Boyce turned them over and said, "Here are the tickets"—I afterwards went to the station, where all the boys were, and showed them the purse I had found—the prisoner said he thought it was the other boy's purse, he had picked it up and put it in his pocket out of a lark.

JAMES MALIN (police-constable K 99.) I was at the station on the morning in question—I heard the three boys and the prisoner talking together, and asked them what they were talking about—Page said, pointing to the prisoner, "That is the boy who has got the money"—I asked Page what the prisoner had done with it—he said, "He has thrown it down under the wheel

in the rope-ground"—the prisoner heard it, but said not a word—I went with Page to Mr. Frost's ground—I went up into the loft where the prisoner works—Page pointed out the place, and the articles mentioned were found—I found two sovereigns.

JOHN PAGE . I am sixteen years old next month—I lodge with my father in James-street, Stepney—I work at Mr. Frost's rope-ground, and so does the prisoner—on the morning of the 20th I went to the coffee-house—he was there, and two more boys—I sat on the sofa, and the prisoner sat on the sofa by me—Mr. Boyce and the policeman came into the rope-ground about half-past nine—we had got back to the rope-ground, and were at work—the prisoner saw them come in, and I saw him throw something under the wheel, I did not see what it was—several rolled out, and the prisoner kicked them in with his foot.


OLD COURT.—Monday, February 9th, 1846.

First Jury, before Edward Bullock, Esq.

2nd February 1846
Reference Numbert18460202-510
VerdictNot Guilty > unknown

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510. JANE YOUNG was indicted for stealing, on the 21st Jan., 1 sovereign, 3 half-crowns, 3 shillings, and 4 pence; the monies of George Graham, from the person of Louisa Graham.

LOUISA GRAHAM . I am the wife of George Graham, and live in George-street, Blackfriars. On the afternoon of the 21st Jan. I went to Wapping-wall, to receive 1l. 19s. 8d.—I received it, and it being a very wet day as I came back I went into a public-house and had some warm beer—I held the money in my hand—it was a sovereign and other money—I saw the prisoner in the public-house—she had some of the beer with me, and I treated her to some gin—I went with her to another public-house—she then aaked if I would go and take a cup of tea with her—I am not acquainted with that part—she took me up a street which I did not like the appearance of—she took the money out of my hand—I put the sovereign in my mouth for safety, when she tried to get the rest of the money—she took the rest out of my hand—I cannot say what became of the sovereign—I lost it in the scuffle—I called out for a policeman—I do not know whether I lost it then—I had three or four half-crowns and some shillings in my hand, which she took—I am sure she is the woman.

Prisoner. Q. Were you not tipsy? A. I do not say I was sober; Mr. Ballantine asked me whether I was sober enough to know what money I had in my hand; I did not say I was; I said I knew what I was about; the house I went into was the Bell; I had a young female with me, but she parted with me and went to Shadwell; she was not with me when I lost my money, nor was any one but you; I did not pay for a pot of ale and dance up and down the room till the landlord put me out; I was not in company with any man, nor with two girls; I had never seen you before; I did not give you in charge for robbing me of 2l.; I said I had lost my money; there was not a sovereign found in my stocking at the station—the policeman did not place two on the mantle-piece, nor did I take one and place it in my stocking and say it was mine, nor did the policeman say it was his; the little girl did not state at the station that there was a man and another female in my company; I was locked up at the station; Mr. Ballantine said I must appear there at six o'clock in the morning, and I stopped there; I was "sensible tipsy;" I did not ask you in the morning what I was there for, nor what you were there

for; I did not mention to you in the morning that you had taken the money from me.

JAMES MALIN (police-constable K 99.) Between four and five in the afternoon of the 21st Jan. I was called to St. George's-court, Bluegate-fields—I found the prosecutrix there crying—she was not sober, but was sober enough to know what she was about—in consequence of what she told me, I went in search of the prisoner—I found her in Back-road, St. George's, which was about 300 yards off, with two females and a man, all drunk—I should say she knew what she was about—I told her what I wanted her for—she said she had had some gin with the woman, but knew nothing about the money—I took her to the prosecutrix—as we went along I saw her put her hand in her pocket, take something out, and pass it towards some females at the corner of the court—I did not see what it was—I took hold of her hand, and found in it three half-crowns, two shillings, and five pence halfpenny—I asked how she came by it—she said she had pawned a sailor's coat.

Prisoner. Q. Did not the prosecutrix say I had taken 2l. of her? A. No—a sum was found in her boot at the station, which belonged to Nicholls; she took it off the shelf in the charge-room; there was a little girl at the station; I did not hear her say anything about a man; I found 1s. 0 1/2 d. on the prisoner at the station.

LOUISA GRAHAM re-examined. I do not know this money.

The prisoner in her defence repeated in substance her cross-examination of the prosecutrix, stating that she was drunk and in company with several others, and declaring her own innocence.


2nd February 1846
Reference Numbert18460202-511
VerdictGuilty > with recommendation

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511. WILLIAM BENNETT was indicted for embezzlement.

JAMES HINTON FOLKARD . I live in Paddington-street, Marylebone. On Thursday, the 29th of Jan., about five o'clock, I went to the shop of Mr. Parker, a woollen draper in High Holborn, and purchased a remnant of cloth for 1l.—it was brought to my house that night by the prisoner—I paid him a sovereign for it, for his employer, and took his receipt.

ROBERT PARKER . I am a woollen draper in High Holborn—the prisoner was in my service—he was authorized to receive money when he took out goods. On Thursday evening I sent him with some cloth to Mr. Folkard's—he was to receive 1l. for it, and bring it back—he did not do so, he never returned at all.

EDWARD HARRIS (policeman.) I apprehended the prisoner—I told him it was for stealing or embezzling a sovereign from his employer—he appeared very strange at first, but afterwards said he could not help it, if they hung him for it.

Prisoner's Defence. I received the money from Mr. Folkard, and went into a baker's shop, in the same street, to get the sovereign changed, and with it I bought a 1d. loaf, the change I wrapped in a piece of paper, and put in my pocket; I thought no more of it till I got into Holborn, when I put my hand into my pocket and there was no money there; my master can give me a character.

MR. PARKER re-examined. He was only with me two days—I had a four months' character from his last employer.

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

2nd February 1846
Reference Numbert18460202-512
VerdictGuilty > unknown

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512. HENRY RUSHWORTH was indicted for stealing on the 5th of Feb. 321bs. beef, value 15s.; the goods of William Hatcher.

JOHN WARWICK . I am in the service of William Hatcher, a butcher, in

High-street, Shoreditch. About a quarter to seven o'clock in the morning of the 5th of Feb. I went with my master's cart to Leadenhall market, to fetch four pieces of beef—I had put three in the cart and was going back with the fourth when I saw the prisoner take a flank of beef out of the cart, and put it on his shoulder—I met him about six yards from the cart, stopped him and took it from him—I said, "That is my flank of beef"—he said, "No, it is not"—I said, "It is," and asked where he took it from—he said from the cart, and Mr. Bryan had sent him for it—(I know a Mr. Bryan)—I told him to look at the name on the cart—he went to look at three other carts and was taken—the beef weighed 32lbs. and was my master's.

Prisoner. I put the beef back again. Witness. I took it from his shoulder, and put it back myself.

JOHN BROWN . I am a porter in Leadenhall-market—I saw the prisoner move the cloth on one side, take the flank of beef out of Mr. Hatcher's cart and put it on his shoulder—I spoke to him and he said he was sent by Mr. Bryan—I gave information to the ward beadle.

THOMAS BRYAN . I am a butcher. I do not know the prisoner—I did not send him to this cart for any beef, on the morning in question—nor at any time.

Prisoner. It was not this gentleman that sent me, it was another Mr. Bryan. Witness. There is no other person of my name connected with the market that I know of.

JOHN MACNAMIN (City police-constable, No. 555.) I took the prisoner in custody.

GUILTY . Aged 31.— Confined Six Months.

Before Mr. Baron Rolfe.

2nd February 1846
Reference Numbert18460202-513
VerdictGuilty > unknown; Guilty > lesser offence; Guilty > lesser offence; Not Guilty > unknown
SentenceImprisonment; Imprisonment; Imprisonment

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513. JOHN KINCHIN, EDWARD MACKAY, JOHN DADD, JOHN SINCLAIR , and JOHN IRELAND , were indicted for a riot and assaulting David Hutson, George Ventum, John George Moore, James Hulme, and Thomas Flinn.—6th and 7th COUNTS, for a common assault.—8th COUNT, for assaulting John George Moore.—Other COUNTS varying the charge.

MR. SERGEANT WILKINS, with MESSRS. RYLAND, PRENDERGAST, and LAURIE, conducted the Prosecution.

NATHANIEL SAUNDERS , Esq. I am water bailiff of the City of London, and sub-conservator of the river Thames—I have been so upwards of twenty-one years—I know a landing-place and stairs called Paul's Wharf-stairs—it is an ancient and public landing-stairs, and plying-place for boats, wherries, and all sorts of vessels—on the 20th of Jan. I received some information respecting the state of those stairs, and some vessels in front of them—I went in consequence and examined the state of the stairs on the 21st—I felt it my duty to communicate what I had observed there to the Lord Mayor, and in consequence the Lord Mayor and I went on the same day in the morning, to visit the spot together—when we arrived there there were three barges, two of them were placed in and out, from the shore, and the third up and down the stream, so as to make a floating pier, which in my judgment created an obstruction to boats coming and going from the stairs.

Q. While that was there could any wherry or skiff, or barge, approach and make fast off the stairs as conveniently as they could before? A. It would depend upon which way they were coming—if they were coming from the lower side of the pier, that is the London bridge side, they would have to row round it, if they were coming from the upper side they would get in with tolerable facility—with facility indeed I should say—the Lord Mayor examined the

state of things there with me, and in consequence directed me to remove it—during the twenty-one years I have been water-bailiff I have never known such a floating pier off those stairs before—having received instructions from the Lord Mayor to remove it, I next morning proceeded to the spot in a steam-tug, with about forty hands altogether, five or six of them were policemen I think—on arriving off the stairs I gave my men orders to remove the two barges—I know the steamboat, Waterman No. 5, she was there that morning—she was more outside of one of the barges, the inner one of the two that I have mentioned as lying in and out from the wharf—this inner one was then nearly filled with water, and the Waterman steam-boat was lying outside of her—by the inner one I mean the one nearest to the wharf—I described two as lying in and out from the wharf, and the one nearest the wharf I call the inner—the Waterman was lying outside of that, (looking at a plan,) that is not the position in which she was at the time—she was lying outside the barge nearest the stairs—she was further out in the river—there was no barge that I saw toward the mid stream—she was lying head and stern up and down the river—about full-length, her head up towards Blackfriars—I should say it was about ten minutes past seven in the morning when I arrived off the stairs—my men removed one of the barges without opposition, without difficulty—when she had been removed she was brought off to be made fast to the tug, in order to take her away—the one on the westward side, the one nearest to Blackfriars-bridge was the one that was first removed—I ought to mention that the barges were not in the same position in which I have described them—previous to my coming there on the following morning they had been shifted from that position—the floating pier there was not the same as it had been the day before—this is a fair description, (looking at a plan,) no doubt of it—this is the floating pier—that is one of the barges that is in the position in which it was in the morning, lying sunk, and that was in a different position—that accurately represents the position of the Waterman 5 on that morning, with the exception that her head was up—that is the position in which she is described—the three barges on the day before were moored as if to make the letter T, one on each side and the other at the top; and when I came again, the second of the two barges, which I have described as lying in and out on the 2lst, I found removed to the upper side of the piles, as seen on the plan; and the third, forming, as it were, the crossbar of the T, was removed to the lower side—they had been taken entirely away for the purposes of a pier—they were removed, as I believe, to prevent my taking them—they were removed so as to be no obstruction in the morning—these are the two outer ones—the one lying up and down the river, and the outermost of those which were lying in and out, had been removed away—nothing remained but the barge which was moored in and out nearest to the shore, and that was sunk—it was full of water, or nearly so, when I arrived there—all three of the barges were made fast by chains in the morning, in the positions to which they had been removed—they were made fast in those separate places—they were certainly not placed there for any purpose of business, and had no business to be lying there, made fast—I do not say that it was an improper position at all—there was one sunk and full of water—it might have been an accident—it was not proper, of course, to be full of water—I do not know how the sunken barge had been sunk, and got full of water—at the time we were taking away the third barge there were several persons on board—the second barge I took away, which I described as having been taken away without difficulty, was lying on the upper side of the piles—the remaining one was lying on the other side—their original position was, one moored in and out nearest the shore,

one in and out a straight line continuing that, and one across; and in the morning I found the two outer ones removed away, and moored not in any improper situation—it was the second one I moved away—I removed the second and third—the one lying on the upper side of the piles was removed without much difficulty—the third was lying on the lower side of the piles, and there there was a scuffle—I moved the one on the upper side first—I did not see anybody in her at that time—when she had been moved she was made fast to my steam-tug by chain and rope—I afterwards directed my people to remove the third barge, that is the one that formed the T end, the one lying to the east down the river—there were persons on board that barge—I do not know how many—it was not fairly daylight—I could see there were persons, but I could not undertake to say how many—there were persons on board the Waterman, No. 5—the defendant Kinchin was on board the Waterman, No. 5, at that time, I could not make him out, but he was on board—I do not know that I knew him by name before—I knew his person—I have seen him often—I knew him as acting as captain of the Waterman, No. 5—I saw him on board her that morning—upon my people proceeding to remove the third barge a scuffle took place between my people and the people on board the barge—I cannot describe what sort of a scuffle it was—I was not near enough to see—I was on board the tug—I could see there was a scuffle and that is all—my people succeeded in taking possession of this second barge, they brought it off to my tug—she was also made fast with ropes and chains to the steam tug—when these two barges had been made fast to my steam-tug, some of my people were on board both of them—having taken the two barges in tow, I proceeded to tow them away to some place of safety—I do not know what power my tug was—I should think I had got 300 yards with these two barges in tow, going eastward—it was my intention to take them to the Commercial Dock, which is below London Bridge—when the Waterman, boat No. 5, came at us full speed, I should say, and cut the barges adrift from the tug boat—she ran in between me and the barges I had in tow, and cut them adrift—it was done with very great violence, so much so that I think the lives of all the parties on board the barges were in very great danger—the effect of the shock was that it tore part of the barge out, and they were separated—our steam-boat was somewhat damaged also—I had the two barges again made fast to my steam-tug—I cannot say exactly what position the Waterman No. 5 took while this was being done—but as soon as ever we had made fast she was ready to come at us again—as soon as we had made fast the two barges again, she made a second attempt to cut them adrift—she did not succeed that time, we had made the two barges fast with a stronger chain—she got entangled with us and the barges—she got in between the stern of the tug and the barges—I am not able to say whether she set on her power—she certainly kept on her steam—she did not back to get clear of us—the effect of her hanging on us entangled in this way was to prevent us from taking our course down the river, and instead of that kept turning us round and round in the river—I cannot say I entertained much apprehension for the parties on board, at that time, but for those navigating the river—it was dangerous for those coming up and down at this time—we were sweeping from one side to the other—I did not feel any apprehension for myself, but for the parties navigating the river—me and my people did all we could to get clear of the Waterman No. 5—we were not able to do so till we took possession of the wheel—in consequence of not being able to clear I gave my people orders to board the Waterman and take possession of her wheel—my people boarded the steam-boat—Kinchin was on board at that

time—when?my people endeavoured to take possession of the steamer, his men resisted it—it had got light at this time—there was resistance offered—I saw it—the resistance was shoving them back, and when my watermen attempted to get possession of the wheel, they held on to prevent them from taking it—Kinchin did not personally resist—he was on the paddle-box—I did not observe whether or not he was giving orders and directions to his men to make that resistance—I do not know that any of his men had weapons in their hands—my people succeeded in getting possession of the Waterman—we eventually got clear by having taken possession of the wheel—I know the defendant Dadd—I saw him while the struggle was taking place—he had an anchor, stock in his hand—having got clear, I proceeded in my steam-tug, with the two barges in tow, towards London-bridge, leaving the Waterman steam-boat behind—when we had got near Londonbridge, I saw the Waterman coming after us again—a part of my men were left on board the Waterman, in possession of her wheel—none of my men were on board the Waterman No. 5, when she got near London-bridge, I had put some on board—they had got rid of them—I did not see how—I saw there were none of them on board—I do not know what had become of them—when she came towards us the third time, near London-bridge, she came at considerable speed, (I should not say at full speed,) that was very near to London-bridge—when she approached us, she ran in between the barges, and the steam-boat, as she had done twice before—we got through the bridge with our barges in tow—we were forced over towards the Custom-house, by her being foul of us—she kept foul of us, the effect of which was to force us off our course—the river is pretty crowded off the Custom-house stairs.

Q. Was it convenient for the public purposes that you should be driven off there? A. Very dangerous—after we had been driven in this way off Custom-house stairs, the defendant Dadd came on board our tug, and asked me to let him have one of the barges—he did not say what for—I told him I would not give up either without the Lord Mayor's orders—the Commercial Dock is lower down the river—I did not take the barges there, because I considered I should be endangering the lives of the persons I employed, and the public navigation of the river, if I had proceeded any further—I therefore moored the barges off the Custom-house Quay, and agreed to go with Mr. Dadd to the Lord Mayor—I went on shore, leaving some of our people in charge of the tug and barges—I saw Paul's-wharf Stairs next day, Friday, the 23rd—they had then got a barge on the outside of the one which I represented as sunk outside the other two, and steamer Waterman No. 5—the second barge was not there then—there was the outside barge, another barge, and the steamer Waterman No. 5—they were made fast—they were on the ground, in fact, when the Lord Mayor saw them—they were not so placed on Friday as to constitute a floating pier—they did not project so far into the river—they projected into the river at tide time—there was a cross boat up and down the stream, and the sunk boat, but it was not then sunk—I merely speak of her as being the same—they would all be aground at that part of the river at low water, but would float with the tide in the position they were in.

Q. And though on the Friday they did not extend as far out in the river as on the Wednesday, did they form an obstruction to the landing and getting to and from those stairs on the Friday? A. Not when I saw them, because they were aground—if the tide had lifted them, and they were afloat, they then would have been an obstruction.

Cross-examined by MR. CHAMBERS. Q. You have been water-bailiff, you say, twenty years, have you? A. Yes—I took a warrant from the Lord Mayor—(producing it)—there is what is called a Court of Conservancy, to find and present nuisances on the river—there is also a Navigation Committee—presentments of the Court of Conservancy are not referred to them—there was a pier erected at Greenwich that was presented by the Court of Conservancy—I do not recollect its being referred to the Navigation Committee—it is possible I was not there, or I should recollect it—I know there were some proceedings about it—I cannot say positively that it was not before the Navigation Committee, but if so, it was quite out of the ordinary course—when the Lord Mayor saw the two barges it was neither high nor low tide—I think it was about half—I should say, from the best of my recollection, that the inner part of the second barge must have been aground at that time—as the tide rises they float—I am speaking of the time when the Lord Mayor saw them the day before—the inner end of the second barge, I think, must have been on the ground—there is the Lord Mayor's warrant, that will state what he directed me to do—I started from below bridge with the steam-tug—I cannot tell you exactly where she came from—I went on board her from Paul's-wharf, with, I think, about forty men—some of them were dredgermen and watermen—there were no mudlarks or coalheavers—I did not personally engage with them what they were to be paid—my assistant, Pearce, engaged with them—I did not see him do it—they were to be paid 6s. 6d. a-piece for carrying the barges to the Commercial-dock—in order to cut them out we took crow-bars, chisels, and axes—I cannot name any one person who had those weapons—the police had not—when I went on board, Pearce, my deputy, had the command—I went on board soon after seven o'clock—I took five or six boats besides the tug, ready for the men to get on board—when I got on board I did not count the men, but I have stated about the number—I took some of the police force on board with me from Paul's-wharf—the second dummy was inside some other barges, in front of what is called Jeckon's-wharf—it was fastened to the other barges—I think it was in the same position as the other barges—it was properly moored at that time—I have already said I could not distinguish the number of men on board the barge where the struggle took place—I could not distinguish at all what took place—merely a scuffle—I think I sent four boats to take possession—there they had their axes and crowbars to cut the chains, and get the boats out—one of my watermen, Moore, was in authority with those boats, so as to give notice of anything of the sort—I believe he is a witness—when the boats went to attack these dummies, I could see the men scrambling on board the barges, and the men on board the barges striving to push them away—I did not hear any cries—the motion of the steam-boat might have prevented me—I am rather deaf—my steam-tug was 150 feet from the second dummy she went to take possession of—I could see, but not distinctly, what was going on—I did not see any of my men throw some of the other men who were guarding that barge into other barges—I was looking, but I did not see it—it was about ten minutes, or a quarter of an hour before my men succeeded in cutting out this second barge, and bringing it up to the steam-tug—I am not aware that the struggle lasted so long as that—we then attached both these barges that had been cut out to my steam-tug, with the chains of the barges—we also used the ropes of the barges—I do not know what was done in the scuffle—Mr. Dadd is a ship-carpenter, I believe—I do not know that he belongs to the Waterman Company—he was there on that occasion—he had an anchor-stock in his hand, to the best of my recollection—it was at the time of my men getting on board the Waterman, No. 5—in order

to stop the steamer, No. 5, I gave directions to my men to drop the anchor if they could—that was after we had got the barge away—taking the stock out of an anchor would prevent it holding, but the anchor I desired them to drop was perfect—when I found we could not get clear, I ordered my men to board, and at the same time gave directions to drop the anchor—I did not hear what they said when my people were put on board—from twelve to fifteen men, I should say, went to take possession of the Waterman steamer, No. 5—they forced their way up to the wheel, pushed the man away who was at the wheel, and took the wheel at first—there was no talking between the parties in going down the river—it was all done in silence—there was no conversation addressed to me, as far as I know—I cannot say what passed between others—I neither heard them say, "Give us our dummies," either to myself or anybody else—I had orders to take possession of these barges—these dummies belonged to the Waterman's Company—they had been used the night before at the pier—Mr. Dadd came on board us at the Custom-house—I did not request him to do so—I did not ask anybody to come—I agreed to leave the dummies at the Custom-house stairs, or near the Custom-house wharf, until an application had been made to the Lord Mayor—I thought it was the best thing to do under the circumstances—I and Mr. Dadd went to the Mansion-house—we did not see the Lord Mayor then—we saw him in the course of the morning—an application was made to the Lord Mayor that the barges might be returned to the Waterman's Company—Mr. Dadd and a gentleman made the application to get the barges restored—the Lord Mayor refused to do that—only myself and the two persons I have alluded to, attended on that morning—I made a complaint, not in the presence of those parties—I reported what I had done, and what had taken place, to the Lord Mayor, in his private room, before any application was made by Dadd—Mr. Dadd also saw him in his private room, with me—Dadd was called in after I had reported to the Lord Mayor—I do not understand that the Lord Mayor gave any judgment about it—he gave me no orders to restore the barges—he said he would not restore the barges—he told Mr. Dadd he would not restore the barges—he certainly did not deny that it was by his orders that the barges had been removed—I saw there were men on board the steamer, No. 5—John Moore and Pearce went on board the steam-vessel, No. 5, and forced their way on board—I am speaking of my own men—I do not remember any of the other names—I believe Moore was one of the men who took possession of the first dummy opposite Jeckon's wharf—I will give the names as well as I can—I cannot from my own knowledge give any of the names of the men who were engaged in the struggle for taking possession of the second barge—I am not aware of any further statement being made to the Lord Mayor, except my report of the morning what had taken place—I did not charge Dadd, or any of them, with the riot when he was present—I merely reported what had occurred—when this pier is out it is opposite a wharf called Needham's wharf—I did not lay informations against the parties—under the waterman's bye-law there is a fine which the City of London can inflict for laying things in the river—I believe the fine is only 20s., but I never laid an information—to the best of my recollection, it was about eleven in the morning when the Lord Mayor came down—between that time and seven the next morning, when I attacked the barges I gave no notice, nor am I aware of any being given to the Waterman's Company—I had not seen it used for a pier.

MR. SERGEANT WILKINS. Q. Do you know whether it has been used as a pier since? A. It has—I think about eleven or twelve o'clock the next day I saw a pier there—it was not used as a pier in my presence—I

have seen it there almost daily since—I gave the men 6s. 6d. for assisting me—I gave them that sum because it was a very unpleasant duty—it would not be any extravagant pay for a boatman for a day's job—I took that number of men to prevent opposition, and to overcome it if I met with it—I had given instructions to the police to be ready to meet me there on the morning in question—I apprehend these barges are called dummies, because they are not used in the ordinary way of barges—I know no other reason—they are used as a sort of floating causeway to and from the steam-boats—when they attempted to get on board the steamers I merely saw a resistance to what they were about to do—I think there was no other violence than was necessary in order to prevent them coming on board at that time—I did not see what took place during the scuffle in getting possession of the barge—I could distinguish what took place on board the steamer—when my men got on board, I saw they were resisted both in coming on board and in getting possession of the wheel—I did not see any weapons used—I took the dummies to the Commercial Dock, to put them into a place of safety—I stated that I would speak to the Lord Mayor before I gave up either of the boats—I thought it was the best thing to do under the circumstances—I thought I should peril life if I resisted—I reported to the Lord Mayor, merely as the person who had given me my orders, to say what had been done, and I gave him a general report of what had taken place—I produced my warrant to Mr. Dadd before landing at the Custom-house stairs—he did not ask for it—I have never been asked for any—I have been water-bailiff twenty years—I should presume I am well known to everybody who goes on the river—I have acted many times before this in removing piles and other things—the warrant is signed by the Lord Mayor—the barges were eventually left by me at the Custom-house—I do not of my own knowledge know what became of them afterwards—I saw them afterwards above bridge, up at the pier again—that was the day before yesterday—the pier I saw next day was not made of the same barges. (The Lord Mayor's warrant was here read.)

JOHN MOORE . I am one of the water-bailiff's assistants. On the morning of the 22nd of Jan., I went down to the place where the pier was—I had the water-bailiff's boat there to assist, at Paul's wharf-stairs—I was not on board the steam-tug, but in the skiff—I had the boat there in attendance—I had gone in the water-bailiffs boat—that is quite well known in the river as the water-bailiffs boat—there is "Water-bailiff, City of London," written on it—I have been water-bailiff's man many years—that is the boat generally used by the water-bailiff—I got to Paul's wharf-stairs at seven in the morning—I saw the water-bailiff, Mr. Saunders, come, and heard him give orders for the men to proceed in taking the obstruction away—to take the pier away, which consisted of barges—they are only common barges, but when standing in this way are called dummies—they were fastened together at that time, as well as secured to the ground by mooring-chains, regularly moored—they were fastened together to make a platform in the regular way, and there was one on the upper side to be secured with chains from the ground, moored with anchor and chains from the ground—they were fastened to one another as well as moored to the ground—the first chain was fast to the wharf, on shore, and the next one fast to the other barge, and then there was a breast-chain on each side to keep her steady, that they should not carry people overboard—there was a mooring on each side, on the stairs, to keep her in that position, that she should not give way, to jerk people overboard—the dummies were fastened to the ground towards the wharf, and there was a fastening on each side of the dummy, to the ground, to keep her steady, as the case might be.

Q. The fastenings on each side, that you speak of, are they usual fastenings for barges, or are they only necessary for a thing called a dummy? A. At times—these growed there by stealth—they were placed there—there were none there before—they are usual fastenings—common barges do not have fastenings on each side, generally—these fastenings are used for barges of the same kind, in another ordinary way—if three or four barges lay together, they must be fastened on each side.

Q. Is it usual for barges going to load and unload at wharfs, or to remain there some time, except used for the purposes of a pier or some such thing, to have fastenings athwart in this way? A. Yes, it is—if there are several barges, they are always moored at each end, or they could not keep them steady at each end to unload—a barge is generally fastened in the way this dummy was—I could tell this was intended for a pier by boards lying on the top, as a platform or stage for passengers to walk along, a platform for persons to walk to and fro from one dummy to another—when the water bailiff gave instructions to remove the obstruction the first thing I saw done was the rope and chain cast off—I did not assist—I was in the boat—they were cast off by some of Mr. Saunders's men, to take away—they cast off one of the dummies which laid adjoining the wharf, above the pier—they succeeded in that—I next saw the tug get hold of her, to make her fast, to take her away—the other persons there obstructed them from doing it, and a piece of work was created by the two parties.

Q. In what way did they obstruct them? A. Preventing them from taking the craft away—I did not see much force used—when they tried to remove the second, they flew over to it, and there was the same piece of work, and at that time I had orders to bring the police over—I took a boat full of police off to the steam-boat, to prevent the mischief that was likely to be done—I put them aboard the second dummy that was being cast off—they had not taken hold of the one I put them on board of, but they went on board with a view to quiet the piece of work, the riot that was breeding—when the police were on board, the other persons resisted the water bailiff's men, who were keeping the men belonging to the other party from using violence—I was not on board to see the violence that was used, but put the policemen on board to prevent mischief, and then I left them—I went back and brought some more—I did not see any violence used on board the dummies—I was not on board—I staid in the water bailiff's boat, with the view of taking care of her, and prevent myself being drowned by the boats and barges.

Cross-examined. Q. How near were you to the dummy with this boat when the men strove to get out of the boat, and take possession of the dummy? A. I was in the boat, two or three yards from the dummy—I had not a boat's load—the water bailiff's men were aboard of the tug, not in the boat with me—I was alone in the water-bailiff's boat at the time—I went and fetched the policemen, and put them aboard my boat off the stairs—before I fetched the policemen I was really doing very little with my boat, for there was nothing to do, the action had begun before—I saw the action begin—I was there when a jangle took place with the parties—I do not know that there was ever a boat attacked the second dummy—it is out of my power to tell you whether the crews of the boats attacked the dummy—I do not think we had as many as thirty men—I did not count them—I could not swear there were twenty—I cannot swear how many axes and crow-bars and chisels there were in the hands of the men who tried to board the dummy—there were not a good many that I am aware of.

Q. Did not you see them cutting out the chains in the dummies? A. I could hear more noise than I saw—I was in the boat when the boarding

party attempted to get on board the dummy—I was four hundred or five hundred yards off sometimes—when the first attack was made on the second dummy I was as far of again as I am from you—I could not see the different parties—I did not see any boat loads of men, only the policemen I put on board—the other men were put from the tug—I did not see them disembark from the tug, when they took possession of the second dummy, and I did not carry them—I saw the struggle and heard it when I went to fetch the policemen—I acquainted you before that I did not see the men who had come from the steam-tug striking with their axes and crowbars and so on—I heard the chains rattling and casting off—I did not see the violence—I did not see the men with the crowbars and axes in their hands striking about—they had no crowbars then, to my knowledge—I saw none—I saw nothing of the kind that you are asking about—I saw no crowbars or axes—I had not seen any crowbars that morning—I cannot tell you within twenty men how many men were struggling and fighting to get on board that second dummy—I swear I did not see it—I mean to swear I could not, though only double the distance from you, see the number of men that were endeavouring to get on board and fighting with those who were defending it—I did not see the quantity of men, and do not know how they got on board, for I was not there, I was not in sight—I did not take two boats' load of men to that very dummy before I took the police—I did not take one—I had nothing to do with it—I cannot tell you how long they were about it—I did not hire any of the men—my men did not attack me by mistake, that I am aware of—I was not attacked—I belonged to the same army—I was in the boat.

MR. SERGEANT WILKINS. Q. Would there be any necessity to cut the chains at all? A. I heard a great rattling with the chains, and casting them off, but as to their being cut, I cannot say—I was not on board.

JOHN GEORGE MOORE . I am one of the water-bailiff's men. On Thursday morning, the 22nd of Jan., I went in a steam-tug to Paul's-wharf by direction of the water-bailiff—when I arrived there I saw a steam-boat and a barge—the barge was lying on the causeway, in and out, and the steam-boat Waterman, No. 5, was lying outside of her—Kinchin had charge of her—I knew him by sight—I cannot say how many men he had with him on board the Waterman—I went into a Peter-boat, to take one of the barges away which was at the upper side of the causeway—it was a barge that I had seen out for a pier—it had no planks on the deck—it was an open barge for people to walk along to go into the steam-boats—there were no planks for people to walk across—they walked along the flooring of the barge—I had seen it erected out as a dummy before, but at that time it was moored, like any other barge, fast to another barge—it had no platform on it—there was another dummy at the lower side of the stairs—we took the first away, and afterwards went to take the second—I got knocked down as soon as I stepped into her—there might be twenty people on board that barge—there were a great many—I got a punch in the mouth, which knocked me down—I could not swear to the man who knocked me down—I got up, and was knocked down again—I cannot exactly say by whom—I might know the man if I was to see him—that is the man—(pointing out Ireland)—I did not see either of the others in that barge to my knowledge—I saw Dadd in the steam-boat, and Kinchin—Ireland was in the dummy—we succeeded in fastening the two dummies to the tug-steamer, and she began to go on, when Kinchin ordered his boat, and she ran head foremost into us—he came between the tug and the dummies, and seperated the chains that we had got fast—we afterwards got the barges fust to the tug again, and he ran in a second time—he

did not separate them then—I cannot say of what power the steam-tug is—she is a smaller boat than the other—the Waterman is a good deal bigger—I cannot say whether she is double the size—she is a more powerful boat—she came with violence against us—that was calculated to put people in danger—I expected she would have sunk us—after that, we bore the steamboat off, got away again, and then Kinchin came at us again, and ran us round, and backwards and forwards over the water, got foul and fixed in on us, and ran us where he liked, over and over round, about in the river—that was dangerous—had the tide been going down hard, instead of being highwater, very likely we should have gone athwart the bridge, or somewhere else, and smashed all that was in her—Kinchin was on the paddle-box all this time—I expect he was giving directions—we look for the man on the paddle-box to give directions—he appeared to be giving directions—I stepped on board the Waterman, to try and clear the anchor, after he ran us round and round.

Q. What did you want to clear the anchor for? A. Only to get away from her, to get the barges down the river—I was merely going to lower it down a bit, so as to get the chains clear of it, so as he could not run us backwards and forwards any longer—the chains of the barges in tow of the tug had got entangled with the anchor as he was running in between us—I did not succeed in clearing it—Dadd laid hold of a piece of iron, and threatened to knock me down with it if I touched the chain—I cannot say whether it was a part of the anchor I was going to lower, it was a piece of iron that he took off the deck of the Waterman No. 5—I believe it was not part of the anchor that was hanging there—after she struck us the first time she backed her engines, and backed some distance from the burges, it might be five yards; she then came head foremost at us again at full speed—I should think she came as fast as I had ever seen her go—I did not notice whether her steam was blowing off.

Cross-examined. Q. About how many of your men tried to get on board the second dummy where you met with the resistance? A. There might have been ten in the boat I went in—I do not know how many other boat loads there were—I did not look round to see whether four other boats were coming loaded with other men—there were not 200 of us to take possession of the dummy—I do not know whether there was fifty—I did not notice—I went on board the tug when she first started from Bankside, at near seven o'clock—we had about thirty men on board the tug, besides the ship's crew—I had directions from Mr. Saunders—it was not exactly dark when we first started—it was getting light—we were not to meet before light, nor to wait till daylight before we started—we were to meet at half-past six—it was just getting light then—it was not dark—I cannot say it was dark—when we arrived at Paul's-wharf it was quite light—I do not mean to say I could see everything that was going on—I could see quite plain what I was doing—I cannot say whether I could see twenty yards—I could see ten, I should think—I will swear I could see five yards—I cannot say as to twenty—it was quite light enough fur me to see to do anything I had to do there—the Waterman was only just outside our boat when we got to the second dummy—I cannot say exactly the distance, no great way off—I cannot say that the people on board the tug could see what was going on at the dummy—they might—I should say it was light enough to see the distance she was off—I was the first man that stepped into the dummy—before I got on board I told some of the people there to step in, and to come and assist me in taking her away—I saw persons waiting on board the dummy, apparently to prevent us from coming there,

before I stepped on board—we said nothing to them, or they to us, before I stepped on board—they tried to keep the boat off, so as we should not step in—they shoved it off with staves, and tried to keep it off with their hands—I cannot swear there was any staff used—I jumped forward, and jumped out of her as soon as she made one push, so I was the first man out of the barge, and the first that was knocked down—that was with a first, which hit me in the mouth—I did not hear the men in the dummy say, "Don't come here, or we must push you off"—I said nothing to them—I jumped on board as soon at I could, and then I was knocked down—I rose up, and endeavoured to get forward to get the chains undone—I struggled to get on—I pushed my way forward to get to the chains, to let her go.

Q. And it was in pushing your way forward that you was pushed down again? A. No, it came too heavy for a push—a man named Flynn got on board with me at the same time—I did not use any axe, crowbar, or chisel—I do not know whether any were taken—I took none—I saw some, but I did not use any, or take any—I do not know that the men in the boat had them—I saw one on board the Waterman's boat—I did not see any in our boat—I saw people on board the barge with choppers—I cannot say whose men they were, for as soon as ever the boats were got there I had no more to do with them—I was ashore.

Q. You saw some one with an axe in his hand on board the dummy? A. I did not see him using it—I saw it lying in the steam-boat—I never saw it used on board the dummy—I cannot say that I saw it on board the dummy—I was not directing the course of the boat I was in—I was standing on the boat's head, and two other men were rowing it—there might have been eight or ten men in the boat—they all jumped on board the dummy at soon as they could—it did not make any row—I called out to them to assist me, and they did—I did not see three other boat loads—the struggle lasted some minutes—it might have been ten minutes before they got the barge away—I did nothing at all to the men to get them out—I did not see anybody throw them into barges on either side—I did not see anybody thrown out.

Q. Who was it gave any orders about the anchor? A. I asked Mr. Pearce whether I had not better go and do it, so as we could get liberated from the steam-boat—he gave me orders, and I asked him to come forward with me while I did it, which he did—he is the deputy water-bailiff—I did not succeed in doing it—we unloosed our chain and got away—I went on board the tug, and went back to the barge.

MR. SERGEANT WILKINS. Q. You said just now that you saw a crowbar on board the Waterman's boat? A. A piece of iron, or crowbar—I do not know what they call it—it might be an anchor stock—I saw that on board the Waterman steamer, in Dadd's hand—I have been assistant to the waterbailiff six years, and am very well known on the river—I was twelve or fourteen years an extra-man in and out the boat—I could not let go the anchor, because it was foul of our chain.

THOMAS WOODRUFF . I am an inspector of the City police—by order of my superintendent I attended with twelve police-constables at Paul's-wharf, on Thursday morning, the 22nd of Jan.—I arrived there about ten minutes before seven o'clock, and met Mr. Saunders at the top of the stairs—I saw the Waterman steamer, No. 5, lying outside the piles by the causeway, athwart the pier and public stairs—I did not see Kinchin at that time—I did shortly afterwards on board—I knew him, and know that he commanded that vessel—shortly after I saw the steam-tug come under the arch of Southwark-bridge—an soon as I saw it, Kinchin gave orders for his vessel to go ahead—she was then laid right on the cross way in front of the stairs—a hawser was thrown from

her, round the upper pile, to moor her to the stairs—I do not know the power of the Waterman, No. 5—she is considerably larger than the steamtug—I noticed at that time only about three or four men on board—there were several came out of the shed on the pier, and went on board the barges—that was just after the tug came through the centre arch of Southwarkbridge—I should say there were about twelve or fifteen, or something of that sort—I did not notice any persons go on board the Waterman, No. 5—I did not at that time notice whether the men who came out of the shed had anything in their hands—I did afterwards when the water-bailiffs' men were trying to get away the second barge from the wharf—I then saw Sinclair with a hatchet—he had it up in a striking attitude—he aimed it at one of my men in the barge—I called him by name while he was holding the hatchet, and said, "Sinclair, mind what you are about, I am here"—at that time one of my men had him by the tail of the coat—when the water-bailiff came up he asked me for four policemen—he went away with them in the boat from the stairs—how he disposed of them I cannot say—the water-bailiffs men eventually succeeded in removing the other barge—they proceeded to break away the chains for the purpose of removing the barges—they were resisted—I saw the barges got away, and both of them fastened to the steam-tug—the steam-boat then turned towards the wharf, and immediately after that went right in between the tug and the barges, and snapped them asunder—at that time there were ten policemen on board the barges, or dummies—they are barges planked over—I only speak of the one I saw taken away—I did not see the first taken away—the one on which the policemen stood was planked over, and had rails such as are placed on dummies to form temporary piers—it appeared to me that the parties were in danger after they were separated from the tug.

Q. What appeared to you to constitute that danger? A. By the violent force of Kinchin, Waterman, No. 5—the two dummies were eventually re-fastened to the tug—I saw a second attack made by Kinchin, but in the mean time I went away to Queenhithe stairs to get a boat to get into the river to get among my men—for that time I did not see what was going on—when I returned I saw the No. 5 Waterman run in a second time, about the centre of the river, towards Southwark-bridge—I should think there were ten or a dozen people on board the Waterman at that time—I would not be certain—I do not know what the usual number of the crew is—I had never noticed more on board the Waterman than seven or eight.

Cross-examined. Q. Did you at all personally interfere in going on board either the dummy or the steamer? A. I did not—I stood on the shore till the men got on board the barges, and then I went to see what my men were doing—I was about seven or eight yards from the barges when I saw what was going on on board the second dummy—I did not see how many boats attacked it—they came in outside—I was inside, on land, and could not see—I could not see how many of the water-bailiff's men there were struggling with the others—I could not distinguish the features of the persons on board the dummy very well from the spot where I stood—I did not see any axes made use of for cutting the ropes and chains away—I continued on shore till the barges were taken away, and then I went to Queenhithe and got a boat—I went on board the tug at the Custom-house—I believe all the men who had been employed in taking the barges away, were on board at the Custom-house—I should say there were about thirty, perhaps—I did not hear the men on board the dummy cry out to the men in the boats to keep off, and endeavour to push them off—Mr. Saunders was in the tug, I presume—my orders were to wait on the water-bailiff—I have been in the City police about ten years—the City

police do not act on the river generally speaking—I believe we have power to act on the water—I have never done it before—I never, to my knowledge, knew an instance of the City police acting on the water—I do not know anything about the Thames police acting on the water.

DAVID HUTSON (City policeman, No. 583.) I was on duty on the morning of the 22nd Jan. at Paul's-wharf-stairs—I went to that place in a steam-tug with the water-bailiff—on getting off the stairs I saw the steam-boat, Waterman No. 5, lying on the head of the dummies that were put along athwart the causeway—I got there about half-past six—I waited at the end of the stairs some time—as soon as it was light I observed Kinchin, who was in command of the Waterman No. 5—I saw some people standing on the second dummy near the wharf, about forty or fifty—I saw one of the dummies moved without opposition—I saw a party of the watermen proceed to remove the other dummy—I was in the same tug as they were, and I saw some men come out of the shed with crowbars, hatchets, and long sticks, about four feet and a half long, in their hands—I saw one with a handspike—I also saw three or four people come from on board the Waterman No. 5 to the dummy—they had a handspike with them, and one was armed with a crowbar—I saw two crowbars and one handspike—these two parties went and stood on the dummy which the water-bailiff's men were trying to loose—I know the defendant Mackay, the second one—(pointing to him)—he was one of those parties—he stood on the right of the dummy—he came from out of the steam-boat No. 5—he saw me, and told me to keep off, or he would knock my b----y head off—I was in one of the boats that went to take the dummy—I stood at the head of the boat at first—there were three or four policemen in the same boat with me, and several men—when he told me to keep off or he would knock my b----y head off, he had a handspike in his hand—he hit at me with it in this way as hard as he could, but missed me—he was about a yard off me at the time—it was not as I was getting on board the dummy—I was not near the dummy at the time—he struck at me a second time and hit me on the breast, and as the boat got nearer he got the very same handspike at my chest, and endeavoured to push me over—I laid hold of the handspike, and tried to get it away from him, as he was up above me and I was down below, and finding I could not do it, I pushed it on one side, and I made a grab hold of the rail, and got on to the dummy—when I got on to the dummy I saw one of the water-bailiff's men, named John Moore, on it—I saw him thrown down close by me—I do not know by whom—after that the dummy was taken, and taken off to the tug—I remained on board one of the dummies while they were being towed down by the tug—I remember the steam-boat being forced between the tug and the dummies—just before that was done Kinchin came across the dummies as we were going down the river—that was the first time—he told us to get off that, for it was their property, or they would sink the b——y lot of us—he then backed her 300 or 400 yards, and came in with regular force.

COURT. Q. Was that after the first? A. No, it was the first time when he told us to get off, and he went back and ran in on us—before he ran in on us at all, he told us to get off or he would sink us.

MR. RYLAND. Q. You say he did run in in regular force, what do you mean? A. He came in and cut the dummy, and broke the chain and the rope, and sent the dummy one way, and the tug, which several men were on, another, up and down the Thames—he separated them—that was done two or three times more—it was done at full speed.

COURT. Q. After you were separated you fastened again? A. Yes, he came in again several times, and we went round and round the river—the tug and he—he came and separated us the second time, and finding we were

in danger of our lives, he came back the third time upon us—we were only separated from the tug once—he came back again the second time, and got over the chain, and got entangled with us, and went round and round from one side of the river to the other—they then ordered the chains to be undone, and they were undone, and he came back the third time when we were out on this dummy by ourselves—five or six of us were on the dummy, and he came in backwards, backed stern on us; and we were ordered to get on their boat, as they said it would be more safe—we fastened to the tug again, and went down the river till we got very near the arch of London-bridge.

MR. RYLAND. Q. Do you consider the manner in which he ran in on you with the steamer three times put any persons in danger? A. It did—we got off and came away as quick as we could.

Cross-examined by MR. CHAMBERS. Q. Had any of your people any axes, crowbars, or chisels? A. I saw some with axes, crowbars, and chisels—I do not know whether they were the water-bailiff's people—I saw some of them—there was one person there that had an axe—I saw one axe—there were four policemen in the boat I went in, and four or five other men—my inspector was a little distance off and could see plainly what I was doing—I was on the boat the first time when we went to attack the first barge—but there was no resistance to the first barge—they did not care about that they said—I was ordered to get into a boat for the protection of the other men—I got into a boat from off the tug—when the boat approached the second barge the inspector was on land—he could see me when I approached the second barge—mine was the first boat—I was at the head of the boat—I was the first to jump on the dummy—I was the first on—I was warned off before I attempted to get on—they did not say, "We are here protecting our property"—it was the dummy that belonged to the Waterman's Company—they told me to keep off, or they would knock my b—y head off—that was loud—anybody could hear it—I cannot say whether the inspector heard it—he was rather more than six or seven yards off—he might perhaps have heard it—the inspector was standing close by the shed when I saw the people come out of the shed—I cannot say whether he saw the crowbars and the axes, and all the arms these people had that came out of the shed—he might have been near enough to see the fifty people so armed on board the dummy—I cannot tell what he could see or what he could hear—he was near enough to see—I know Moore—he was one of the persons getting on board the dummy—he was knocked down—he got on board at the same time I did—I was on board the dummy about two minutes and a half—I cannot say whether he got on board at the same time I did or not—I saw him knocked down—that was two minutes after I was there—I did not see him hit—I cannot say whether he was hit with a handspike—I was hit with a handspike—I did not see what he was hit with—I saw him on the floor—he was knocked down by some person—I saw the men resisting with axes, handspikes, and so on—there were from thirty to forty men, all with brooms, handspikes, or axes.

Q. Now on your solemn oath was there one handspike, or axe, used by anybody but your own men? A. There was—there was a handspike used by that man, the second time, and that third man, Dadd, used a crowbar—Dadd was on board the second dummy we took, and had a crowbar in his hand—I will swear that Mr. Dadd was on board the dummy—I told other parties that he was on board the dummy—I made a complaint against Mr. Dadd, before the Lord Mayor, as having been on board the dummy—there were plenty more witnesses besides me—everybody who went on board the dummy could see that the parties had axes, or crowbars, or handspikes—here is a doctor's certificate—Moore, the water-bailiff's man, could see as he was

approaching in the boat, just as well as I could, how they were armed on the dummy—they stood there at the edge of the dummy, with their axes, crowbars, and so on—when we went up in the small boat, there were more than a dozen of them armed with axes and crowbars—they came running from the wharf on to the empty barge that was standing there, and I jumped on to the dummy—before the attack was made, before we attempted to disembark, there was an armed force ready with crowbars and axes to resist us—I did not take possession of the barge—I had enough to do to fetch my breath—our party got the better of it—they knocked several of the men off—I did not see that they knocked the fifty men off—I hardly know how they managed to get rid of the fifty men—I had enough to do to attend to myself—I had hardly fetched my breath—I did not wait a quarter of an hour to fetch my breath—I waited about ten minutes—I was looking on, on the dummy—the battle with the fifty men and those taking possession of the dummy was going on at the head of the chains—I should say about forty of our men, or from forty to fifty succeeded in conquering the fifty—the forty were not fighting with the fifty, there was no violence used on our side at all, not a bit—but they endeavoured to keep us off by words, and then blows—there were no sooner words than there were blows.

Q. How did you succeed in getting to the head of the vessel, and getting possession of it, without any violence? A. By standing round—we surrounded them—we stood round and kept them at bay—we were ordered to use no violence—I had a staff—I did not have it out—we took away the barge—the men in it used much violence—they came round and told us to get off, that as it was their property, or they would sink the b—y lot—as soon as I was struck and I managed to get on to the dummy, the next policeman that came up, Mackay caught hold of his legs and chucked him down on to the dummy—I had recovered my breath at that time—I do not think our party used the least violence—I saw one or two with their staves out who got ill used—I did not see the men who went with me to take possession of the barge, use any violence—they got rid of the fifty men by standing round—they got off to this next place that was standing here, (referring to plant) and some got on to the steamer—there was a block which they were all standing round, with their axes and crowbars—the most violence they used was while they were trying to keep us off.

Q. And in spite of that violence used to keep you off you forced your way on? A. I could not help it—I was not rowing the boat I was in—if I had not stooped my neck I might have got a cut—they arranged themselves along the front to prevent us from getting on—in spite of every effort they made we succeeded in getting on—Moore was on the left-hand side of the dummy—the other boats were behind—ours was the first boat—I was about a yard off when Mackay cried out, "Do not come here, or we will knock your b—heads off; it is our property"—I did not see them there to prevent us from getting on when I disembarked from the tug—I was about ten or fifteen yards off from them when I first saw them—it was after we had taken possession of the first dummy that I saw the men coming out of the shed—we left the tug out with the dummy in the Thames, and went in a small boat to go and get the second dummy—I had not seen men go on board that before we went to attack it—as we were going they were coming—I was about twelve or thirteen yards from the dummy when first I saw them prepared to defend it—the man still rowed the boat on, I did not command him—I do not know who was in the head of the boat—after we were on board the dummy the men resisted our attempts to get it away—I saw one or two of them knocked

down, but by whom I cannot say—they were making their way towards the head to loosen the chains—I saw no more resistance, no more than standing along the side—we were not ordered to take possession of the barge—we were ordered into the boat, seeing these armed people with these sort of things, for protection—I will swear there was more than one person on board the dummy who had a weapon—they were persons belonging to the steam-boat No. 5—they came out of the steam-boat, No. 5—I will swear that weapons were used by others than our party—there were a great many of the people that went to take possession of the barge that I did not know, I should know them again—Mr. Woodruff was on land when I saw the parties go on board with weapons—I did not see him—I believe he was on land with our party—I did not use my staff—I saw Moore and a policeman knocked down—I did not see any of the people opposing us thrown into barges before the dummy was loosened, nor did I see any of them knocked down—I was looking—there was not much resistance after we got on—there was a bit of a struggle before we did get on, by using violence that way, and I saw Moore knocked down—after we got on, we stood round where we unloosened the chain—the fifty men were not towed away with the dummy—some went on to the land, and the others into the steam-boat—none of them staid in the dummy.

Q. Did the steamer go back about 400 yards before the first breaking of the chain, or the second? A. He came and told us to get off—he then went back from 300 to 400 yards—I cannot say exactly on the water, but he came from some distance, and he was beckoning his hand all the time for the man at the wheel to go, and he took and sent the tug upon us and broke the chain and ropes—I should have got off into the tug when he desired it, but they said we were equally as much in danger in one as the other.

MR. SERGEANT WILKINS. Q. You were saying something about a certificate, did you get hurt upon the occasion? A. I did—I have been under medical care—I was laid up four or five days, and could not do any duty—there was much confusion at the head of the dummy in endeavouring to get possession of it—we had strict orders not to use any violence at all—I did not use any—I never drew a truncheon—there is a thing round the head of the dummy that the chain goes round, and we all stood round that—Kinchin was waving his hand when he came in on us, as a signal to the wheelman.

GEORGE VENTUM (City police-constable, No. 312.) I went, under the orders of my inspector, to assist the water-bailiff to remove this pier at Paul's-wharf—when I got there I saw the Waterman steam-boat lying off Paul's-wharf—I did not notice the barges that formed the pier particularly, because there was one sunk—they were lying at the sides—I was ordered into a boat, and went towards the second dummy—as I was going I saw about twenty persons coming in different directions on board the dummy—some came from the Waterman No. 5, and some from the house ashore, and different places—some of them had a handspike, some a piece of wood, and one had a piece of iron in his hand—I did not see more than one with a handspike, and only one with a piece of wood—one had a piece of iron something like a crowbar—that was the man (Dadd), and that is the one that had the handspike (Mackay), and I saw Sinclair afterwards with a hatchet in his hand, after we got on board the dummy—I did not see him on board the dummy at all, but in a barge by the dummy—I was in the boat with Hutson—we went towards the dummy and drew up to the end, and when I got up to the dummy I was pushed back by a stick into the boat—we drew up under the dummy—I could not see anything done to Hutson; I was in the bottom of the boat—as soon as I got up again I got on to the dummy, and in trying to get on to the dummy I was collared by a man, and Mackay caught me by my leg, and threw

me on my back—I do not know the man that collared me—I got up again, and assisted the men that were assaulted, and we took the dummy away—Mr. Moore was lying on the floor of the dummy at the same time I was—we succeeded in taking possession of the dummy, and fastened it to the steamtug—we then towed it a little way down the river, and the Waterman steamer came alongside, and Kinchin said, "You had better get off; it is my property, and if you don't get off I will sink all the b——lot of you"—he then came against us with all the force I imagine he could do, cut the chain asunder, and cut us adrift—the men succeeded in fastening the dummy to the tug again, and he came up again, not with so much violence I should say as the first time, but he got fixed, and turned us round and round in the river—some of us were then ordered by Mr. Pearce and Mr. Saunders to board the Waterman steamer for the safety of our own lives—from what I saw our lives appeared to be in very great danger, I mean the first time when he cut us through—there was danger when we were going round and round—I and others then went on board the Waterman—I was collared and shoved back again; I will not be sure who it was by, but I think it was Dadd—I hung on to the Waterman till one of the officers came and held me by my legs, and got me into the boat, and then I was collared by two or three persons on board, and I fell on the skylight of the cabin—Mackay was underneath me for one—he rolled off from the skylight on to the deck—I think Dadd was one of those parties, but I am not quite sure—when I got to the wheel I heard Kinchin give orders to run the steamer on to the Surray side ashore—there were five of us on board at that time—there were a good many coal-heavers working there, and Kinchin said to them, "Come on board, men, I will pay you well; money shall be no object, and throw the b——s overboard"—they would have come on board if we had not stood at the end of the steamer, and stopped them—they did make an attempt to come on board—I stood at the back of the boat with three or four brother officers, and prevented them—we were frightened on this, and obliged to leave the steamer—we got out on a barge that was moored on the Surrey side.

Cross-examined. Q. Is this the first time you have been examined on this subject? A. The first time? I have never been examined anywhere before—I was not before the Lord Mayor or the Grand Jury—I went up to Mr. Pearson's—I first got on board the boat at Paul's-wharf, and went down the river to meet the steamtug—Hutson was one of the party in the boat—Mr. Pearce was with us, to give us orders—we had received orders from our inspector—Mr. Pearce gave directions as to where our boat was to go—we met the steam-tug on this side of Southwark-bridge—it was not overlight—it was between the two lights—it might be a little after seven o'clock—I went on board the steam-tug, and remained on board—I saw the first dummy taken away and attached to the tug—after that I got into the boat with Hutson again; perhaps there might be a dozen of us got into that boat, I cannot say, ten or a dozen—by that time it had become light enough to see what was going on on the second dummy—I can't say whether any persons were put on board the dummy—as we were going up nearly close to it I saw persons running in all directions, and I should say there might be about twenty—there were persons on board the dummy who said, "Keep off"—I was shoved back with a stick—they were standing on the dummy to prevent our getting on it—I cannot say whether our boat was the first that got to it—I cannot say whether there were three or four other boats, or how many there were—there were parties got out of the tug into one more boat, but whether there were any more I cannot say—I did not see so many as four or five boats, I should think, start from the tug to go to the dummy—after I was shoved buck with the stick I rose again,

and succeeded in getting on the dummy—I do not mean to say that I recognise the person who shoved me back with the stick—I can swear to Mackay being the person that took hold of my legs, because I had hold of his collar when I fell, and he caught me by the legs, and I caught hold of him as I was falling—I had never seen him before, to my knowledge—a minute or two before, I had—he had got something in the shape of a handspike—he was endeavouring to prevent me from getting in—he did not do anything to me, because I was shoved back in the boat, and when I got up again he had not the handspike in his hand—it was not him that pushed me with the stick—I saw him distinctly as I approached, with the handspike in his hand—I lost sight of him when I was pushed back—I had sight of him until I was pushed back—the instant I jumped up he seized me by the legs—Hutson and I were both sitting on one seat in the boat—he disembarked first—he did not succeed in getting on the dummy before I was struck—we both rose together—Moore was on the dummy, and Hutson was in front of the dummy by that time—there were several of us down on board, I suppose he went to some of their assistance in front of the dummy—after we were assaulted, I saw the men go to assist the men that were down, to keep the peace—as soon as they got on board the dummy they were knocked down—Moore was down at the same time I was—they resisted us all they could—they pushed us back again—they resisted us in every way they could—pushed us off—they used greater force than we did—they used the first violence—we used no violence—I was down, and when I got up again they were up at the head of the dummy—nearly all the men who had been protecting it were off—perhaps I might have been down two or three seconds—the struggle on the dummy did not last ten minutes or a quarter of an hour, but they got on the barge, and got back again on the dummy—they tried to get possession of it again, and to resist all they could—the water-bailiff's men finally got possession—we were only standing there—I assisted the water-bailiff's men in keeping the people off—I stood before them—I had not got my staff in my hand—they were pushed—there was a great scuffle between the parties—I certainly pushed them, not with any violence—it did not require me to use violence to prevent them from coming on—they resisted us very much when we first went to take possession of the dummy—we were obliged to use force to get them away—we lifted them off the dummy into the barges—I did not throw them into the barges—I took and put a man off the dummy into a barge—we took hold of them, and put them off from the dummy into the barge—I only did one myself—I lifted him on—I took him off and put him down into the barge—there were sides to it—it was an empty barge—he did not tumble down and fall on his back—he did not fall—the dummy might be three or four feet higher than the barge—I put him off into the barge—I went with him—he did not go gently and quietly, he was resisting—I do not know whether it required any particular strength to put him there—I did not strike him or anybody—I had not my staff out—he was the only person I touched—there were so many people there at the time that it is impossible for me to say whether I saw my brother constables lift other people into the barges—I did not see some of them tumble into barges on their backs, and my brother constables with them—nothing of that sort—I saw the men lifted off the dummy into the barges—there might be four or five—I cannot say who lifted them off—they might be some of the water-bailiff's people—I did not notice any one particularly—I did not see the people lifted up and thrown into the barges by the dredger-men who came from the tug—I did not see any of them tumble—they were all struggling with those engaged against them—that was the way in which we finally got possession of the dummy—I had never been concerned in anything of this

kind before in the water—I had never done water duty before—I did not hear the men who were lifted off complaining that they were hurt—I did not help to undo the chain—I believe it was cut asunder—I saw one chain out with an axe—I cannot say who cut it—I should say it was some of the water-bailiff's people—it was one of the chains that fastened the dummy.

Q. I believe they had several axes and crowbars and chisels to undo the chains, had they not? A. I did not see any—I saw one on the dummy—how it came there I do not know—there might have been time to get off the dummy after Kinchin made use of the expression I have named about sinking us, before he ran across the chain, and if there had been any boats close by I would have got off, but I could not—it was not two minutes after giving us the warning that he ran athwart the chain, and broke it and the ropes—he went back some distance, not so far as 200 or 300 yards—there was no boat near to get on board of—Hutson could not have attempted to get on board the tug—it was a thing impossible—if he had tried to get there he must have gone into the Thames—he did not try to do so—it was no use, because the dummies were a few yards from the tug—there might be fifteen or twenty people on board the tug, or there might be more—I cannot say how many it would hold—I saw some pieces of wood, some handspikes, and something that appeared to me like a crowbar—I might see two or three pieces of wood—I did.

MR. SERGEANT WILKINS. Q. You were asked whether there was time for you to get off the vessel when he talked about running into you: where should you have got off to if you had attempted it? A. We must have got off into the Thames—as far as I know, not one of the people of the Waterman's company was injured—there were plenty of people there, and 300 on shore I should say—we lifted the people into the barges—the barges laid close alongside, as close as could be.

WILLIAM HOWARD (City police-constable, No. 567.) I attended at Paul's-wharf, on Thursday, the 22nd of Jan., about seven o'clock, or from that to half-past seven, I saw the Waterman steamer, No. 5, lying alongside the dummy—I was on the shore when I first saw her—I saw one of the barges which formed the pier removed—I then saw several men on the other dummy and come on to the dummy from the steam-boat, No. 5—when they were on the dummy I saw one had a handspike, and one had something else, I believe—I did not notice what it was—I saw Mackay, Sinclair, and Dadd—Mackay had the handspike in his hand—Sinclair had a hatchet—I saw Mackay strike at Hutson with the handspike, and hit him—he tried to prevent Hutson's getting on to the dummy a second time—he tried to strike him with the handspike—it was then that he hit him in the chest—he pushed him the second time—he might have had something in his hand—I did not see him strike him after he got on board—I saw Moore on the dummy, and saw him down, but I did not see who the scuffle was with—I afterwards assisted in removing the dummy which was taken in tow by the steam-tug—I was on the dummy at the time it was removed from Paul's-wharf—I went down the river in it some little way, and then went on board the steamer, No. 5, by the waterbailiffs orders—that was when we were out in the river, when the Waterman ran in on us and cut the barges from the tug—it then ran in again, and we were ordered to get on board to take possession of the steam-boat to prevent her coming forwards—I did not take possession of the wheel—a waterman, did—we kept them from the wheel—the Waterman was afterwards backed to the Surrey side of the river between Blackfriars and Southwark bridges—there were some coal-barges there—she was backed close along shore, so that

any men might have jumped from the shore on to the steamboat—there were a good many men on the shore, and Kinchin asked them if they would come on board and throw these b—s overboard, and he would give them any money to do so—they were about to come on board, only we told them if they did they must put up with the consequences, and they directly said, "We will not run ourselves into trouble"—but I thought at one time several would have come on board—I continued with the Waterman till I was ordered by inspector Woodruff to come into the boat, which I did, and came to the tug.

Cross-examined. Q. Where was inspector Woodruff's boat when the chain was broken by the steamer No. 5? A. It was on the Thames—I cannot say whether it was dose to the barge, for I did not notice the boat—I should suppose he was not far off—I think there were several boats—I did not see the hands of the man at the wheel of the Waterman battered by anybody to get him to let go—he was not battered by any person—he was rather resolute, but they took him away—he was resisting—I saw no violence to him—they got him from the wheel—I saw what was done—I saw them take hold of his hands—I did not see one of the constables use a staff to batter the man's hands, neither did I see any of the constables with their staves out—I had not, nor did I see that any others had—I saw their hands when they forced the man away from the wheel—I will swear I never saw one with a truncheon in his hand at the time they got the man from the wheel, nor before—after they got him from the wheel I had my own truncheon in my hand, at the time they backed into the Surrey shore, to prevent the men from coming on board—that was the only time—that was after the man was got from the wheel—I do not know the name of the man who was put at the wheel after the other was got from it—he is a waterman, and is outside—there were several men on the dummy at the time we approached in the boat, I should say four or five at the first onset—afterwards there were more—I cannot say how many there were when I got out of the boat—I cannot say there were so many as twenty—there might have been eight or ten, or not so many—there were not forty of us—I cannot say whether there were as many as forty in the steam-tug—they did not go with axes and crowbars—there was not one there—I should say the chain was cut—I saw it cut with an axe by one of the watermen—he had been in one of the boats, but not the same I was in—he was in the dummy when he cut it, but whether it was an axe he brought, or whether it was brought there by the other party, I cannot tell—I saw a crowbar in Dadd's hand on board the steamer—they tried very much to prevent our getting on board the dummy—they did all in their power to prevent us, but we got on board in spite of it—I saw one or two of the men thrown into barges alongside—I cannot say, in the scuffle, who took them up and threw them in—they both fell together—I suppose the barge might be about six feet deep—I did not see any of our men lift any of them into the barge—the piece of wood that Mackay had in his hand was a long piece, thick at one hand, and thin at the other—I did not know what it was till I was told it was a handspike by one of the watermen—I described it to the Lord Mayor—when we were approaching the dummy I heard the words, "Keep off"—I should say the men rowing the boat did not slacken their speed when that was said—I cannot say that they went on the faster—they went on at the usual pace—I did not notice any difference—I got on board the dummy—I was at the head, and I put my hand to prevent Mackay from any violence, keeping the peace—I told them not to be foolish and run themselves into trouble—I told Mackay so for one, and all those who came from the Waterman steamer—they went away when they were compelled to

leave, not before, and they went on board their own boat—they left the dummy, I suppose, when they found they were overpowered.

MR. SERGEANT WILKINS. Q. You said just now the barge was six feet deep, did you think of what you were saying? A. It might be five or six feet, I cannot exactly say.

COURT. Q. Were there many people on shore during this? A. A great many—none of them came on the dummy.

THOMAS BURBIDGE MOORE . I am a waterman. I assisted in removing the barges—I saw the defendant Ireland on board the second dummy that we removed—I saw him lay hold of a chopper—I saw police-constable 223—I did not see Ireland do anything with the chopper, because I took it out of his hand—I do not know what he was going to do with it—he had it in his right hand—as he was sitting down, it was on the seat, and he took it up—I did not see him offer to do anything with it—I took it away, in case there might be any mischief done with it.

COURT. Q. He took it off the seat, and you took it out of his hand? A. Yes—I was on board the second dummy—there were only three of our party at the time Ireland was there—I cannot say exactly how many there were on the other side—sometimes there were twenty, and sometimes only ten, more or less.

WILLIAM JAMES PEARCE . I am an assistant to the water-bailiff, and have been so since about 1827. I was in different positions on the morning of the 22nd of January during this transaction—I saw the Waterman steamboat No. 5 run in between the steam-tug and the two dummies—I saw it done, I think, four times—I was one of the parties who afterwards boarded the Waterman No. 5—I saw Captain Kinchin on board when I got there—I said to him, "Kinchin, I am on my official duty; mind what you are about; you are obstructing me in my duty; I am acting under the Lord Mayor's orders"—he said he was determined to have the craft, meaning the dummies, I suppose—I am pretty well known on the river as assistant to the water-bailiff—I have occasionally removed piles and obstructions on the river during the time I have been in office.

Cross-examined. Q. There are piles in the river that are placed there by the Corporation, are there not? A. Yes—I cannot say as to any near Paul's-wharf-Stairs—I have not looked at the spot lately to see—I have not been down there—we have piles as beacons, to caution people from letting their ships go there.

Q. Then they keep craft off stairs, leading to landings or public thorough-fares? A. It is out of my line—it is further up than where I am stationed—I generally act from Greenwich downwards, sometimes in Limehouse-reach, but when called in for other parts I am to act—the arrangements made with regard to the course of barges and shipping is mostly above me—I was not engaged in cutting out the dummies—they were already cut out and brought to me, if it may be termed cut out—I did not see anything of it—I saw the breaking of the chains asunder—the first I saw of the affair was the breaking away the craft from the tug—I did not see how many boatloads of men went to take possession of the dummy—I had received orders from Mr. Saunders to attend, not directly from the Lord Mayor—I did not see what took place when they attempted to drag the man away from the wheel—I was near about Kinchin's heels then—he was on the plank between the two paddle boxes—that is the general place for the captain, or on the paddle-box—I hired the men the night before to go on this expedition—I hired thirty—they were to have 6s. each—they were such men as work in boats, watermen, fishermen, Petermen, and that kind—you may say dredgermen—a dredgerman

is a fisherman—I did not see any axes, crowbars, or chisels—I saw axes—I did not say anything about axes much—I saw an axe somewhere, I cannot say where—I did not see it put in action—I saw one on the deck, not as we were going up to Paul's-wharf, but about the time—I said to Kinchin, "Mind what you are about"—I had directions from Mr. Saunders to have the men provided with axes, crowbars and chisels, and I gave such directions, but that was altered—my intention was to have shipwrights and blacksmiths, and Moore took that part on his hand—I handed it over to him, and he got men to act with crowbars, axes, and chisels, if he wanted anything of the kind to use—that was taken from my hands, and I did not engage men with axes, crowbars, and chisels.

MR. SERGEANT WILKINS. Q. As far as you know, did any of the Waterman's party get either a cut or a bruise? A. I did not see one.



On the 6th and 7th Counts.

Confined Six Weeks.

Confined Three Weeks.

IRELAND— GUILTY , on the 8th Count. Confined Three Weeks.


OLD COURT.—Tuesday, February 10th, 1846.

Third Jury, before Mr. Common Sergeant

2nd February 1846
Reference Numbert18460202-514
VerdictGuilty > unknown; Guilty > unknown

Related Material

514. EDWARD PLOWMAN and WILLIAM PLOWMAN were indicted for stealing on the 28th of Dec, at St. Pancras, 53 spoons, value 34l.; 6 Indles, value 8l.; 24 forks, value 19l.; 1 fish-slice, value 3l.; 1 butter-knife, value 17l.; 1 pair of sugar-tongs, value 15s.; 1 tea-pot, value 15l.; 1 pair of asparagus-tongs, value 1l.; 1 cheese-scoop, value 1l.; 1 coffee-pot, value 18l.; 2 mugs, value 10l.; 1 watch, value 20l.; 1 guardchain, value 2l.; 1 two sovereign piece, 1 guinea, 2 half-guineas, 10 seven shilling pieces, 5 sovereigns, 2 half-sovereigns, 1 crown, 7 half-crowns, 10 shillings, and 10 sixpences; the property of William Grimble, in his dwelling-house.

MESSRS. BALLANTINE and WILDE conducted the Prosecution.

WILLIAM GRIMBLE . I am a distiller, and live in Albany-street, St. Pancras—part of my premises are occupied as a distillery, and another part as a private house—this plan (looking at one) is a perfectly correct representation of the premises—there is a doorway in the centre of the building leading to the kitchen, a door leading to the distillery, and another leading to the private house—the pantry in which the plate was kept is at the end of the dwelling-house, and over that the servant's bed-room—there is a water-closet at the bottom of the stairs, and above the covered way is a passage leading to a door which is usually open—a person going along the passage could go through that door, and get to the other side of the house—the prisoner Edward Plowman was my butler—his bed-room was on the distillery side of the house—there is a flight of stairs leading from his bed-room, and a water-closet at the bottom of those stairs—the centre gate is always kept locked at night, and the porter keeps the keys—the door on the right hand side, leading to the private house, is usually kept locked at night—it is the butler's duty to lock that every night, and to hand the key to the porter, or put it in the porter's room—there is plate kept in the butler's pantry—Edward Plowman would have no business whatever in my private dwelling-house after the house was shut up—there is nothing to bring him there except for private purposes of his own—on the

24th of Dec. I left town, with Mrs. Grimble—before doing so, while the prisoner was clearing the breakfast things away, I took a gold watch and stand, in his presence, off the mantel-shelf, and put it in the left hand sideboard drawer—there are other drawers to the sideboard, but they contained nothing of value, and were not locked—I locked the one I put the watch in—there was a desk in the room—I did not see anything done to that before leaving town—our housekeeping money was usually kept in that desk—Edward knew that well—he had fetched 15l. that morning from the counting-house for housekeeping, by an order from Mrs. Grimble—I did not see him fetch it, or give it to her—I returned to town on Friday, 26th of Dec, and remained in town two or three hours—the house was then as I had left it—I was in the dining-room, and I think I went to the sideboard drawer, but I am not certain—I went out of town again, and returned on the 29th—I found the sideboard drawer broken open, and missed a gold watch, a gold chain, a breastpin, and 3l. 3s. in money—the writing-desk was broken open—I went to the pantry, and found the articles stated in the indictment all gone—there is a private entrance to the dwelling-house, which has no outer key-hole—the key is always kept in the lock inside the door—there is a stove in the pantry, but there would be no occasion for a fire there during the night—there if a pipe from that stove, which goes through the servant's room, up to the ceiling—the rooms are twelve feet high—this plan is only the ground-plan, but the up-stair plan is exactly the same, and there is the same corresponding passage.

Cross-examined by MR. WONTNER. (The prisoner, Edward Plowman's, Counsel, being absent.) Q. What does your household consist of? A. The prisoner, a groom, a cook, a housemaid, two nursery-maids, and the porter—there are also two clerks, sleeping and boarding in the distillery side of the premises, which is the side on which the prisoner lodged—I have had several grooms lately—I think three during the last twelve months—I had a groom named John—I discharged him, and gave orders to my servants not to admit him on the premises afterwards—I gave the servants permission to have a party on Christmas-day—I did not require to know who the party consisted of—I viewed them all as respectable, and left them to invite those parties they approved of—the cook did not give me an account of whom the party consisted—I never inquired—I know since who they were—they did not give me an account immediately after the party—my house is one story high above the ground-floor—the parlour windows are about three feet above the pavement—there is an iron-railing about five feet high to protect them—anybody getting over the railings would have the command of the windows—there is no area—the railing is in Albany-street—there are no shutters to the kitchen window—a person getting in at the kitchen window would have the command of the premises on the residence side of the house—the prisoner has been about five months in my service—I do not think I have had five different grooms in that time—I think the third was with me at the time—we have a great many men in the distillery.

MR. BALLANTINE. Q. What time do the distillery men go away? A. We have about ten or fifteen men about the premises—the yard is enclosed—a wall twelve or fourteen feet high extends all round the premises—the kitchen is in that yard—the dining-room windows look into Albany-street—when I came back none of them had been disturbed at all—I examined every place—there was not a vestige of disturbance—there is a large archway for coals under the kitchen—in the centre of the gateway—that is inside—it does not extend to the street.

Cross-examined by MR. CLARKSON. Q. Had the prisoner Edward sometime

before given you notice to quit? A. He had, I think, on the 24th—the day I went out of town—he had been extremely impertinent to Mrs. Grimble.

MR. BALLANTINE. Q. When would the notice expire? A. The usual month with servants.

ELIZABETH RUSHELL . I am housemaid in Mr. Grimble's service—there is also a cook, two nursery-maids, a footman, and groom. On Sunday the 28th of Dec, at ten minutes after ten o'clock, I let the groom out of the kitchen—he went to his cottage where he sleeps—the porter, the cook, the prisoner, and myself, were then in the kitchen until half-past—we then all left the kitchen together to go to bed—the porter went to his lodge, and the prisoner went to his pantry—I and the cook bid him good night as he went to his room, and we went to bed—I did not see him go to his room—we passed the pantry where he was, and bid him good night—he was not in the pantry, but against the stairs, when we went to bed—he went towards the pantry—after being up stairs some time, I heard a small knocking—I afterwards went to sleep, and was awoke by the cook—the first noise I heard was a kind of whispering after we awoke up—I got up and opened the room door, and heard somebody come from the hall to the pantry—that was just upon twelve o'clock—I then locked the door again—I afterwards went down stairs, and when I entered the hall I heard the pantry-door open, but did not stop to see who came out—I went to the porter—I afterwards went to the prisoner Edward's room, and found his bed had not been touched—I had made the bed in the morning, and it was as I had left it in the morning—I then went along the private passage to the other side of the house where the family reside, but still on the groundfloor—I there saw the prisoner Edward, three or four stairs from the groundfloor—I mean the stairs opposite the private front door—he was coming down—I asked him what he did there—he said that he had heard somebody in the house—I said, "What do you do here?"—he then said he had come to the water-closet—I asked why he did not go to the one which was nearer his bed-room—there is one very near his room—he made no answer—the porter proposed that I should go and call the clerks—the prisoner said he would go—I went to Edward's room afterwards—I then found the bolster had been pulled out of its proper place, but the bed did not appear to have been slept in—it was different to what I had seen it just before—he said several times that he had been to bed—I said he had not—I had seen the silver cups and castors on the Saturday—Edward was cleaning them.

Cross-examined by MR. CLARKSON. Q. You heard somebody pass from the hall to the pantry, how far are they apart? A. Very nearly three yards—they are close together—the street door has no key-hole outside—a person from without could make no use of a key—I heard from Edward on Christmas night, that he was bad in his inside—I never heard him complain of that before, or after—the water-closet near his room door is the one used by the clerks—the one used by the servants goes out of the scullery to theirs—that was not the one he was coming in a direction from—the one he was coming from belongs to the family—it is on the same side of the house as the servants' closet—I have seen his brother William come to the house two or three times—I had heard Edward say if William called on him he would not see him.

Q. You knew they were on bad terms? A. Merely from hearing Edward state so, but I have seen them together—I saw William in the pantry with Edward—I think it was on the 13th of Oct., if that was on a Monday—I had seen them together before that—I frequently heard from Edward that they were on bad terms—I cannot say in what part of the year—it might have been before and after the 13th of Oct.—I do not know.

Cross-examined by MR. PRINDERGAST. Q. I suppose you talked a little

while with your friend after getting to bed? A. We spoke a few words—it was some time after awaking that I got up, but we heard a knocking before we went to sleep—we did not remain long talking—I was asleep before eleven o'clock, or by eleven o'clock—I was awoke by my fellow-servant—I remained a little time, and then I heard the clock strike twelve—I did not go to sleep after I was awoke the second time—she awoke me twice—it was the second time I awoke that I heard the whispering—I opened the door before it struck twelve o'clock—I opened the door and heard somebody, locked it again, and put on my shawl and went down—the clock struck twelve while I was putting on my shawl, as I was in the act of going, and before I got into the passage—from the last time of my waking, to the clock striking twelve, was from ten minutes to a quarter of an hour—I heard the whispering before I went down—when we heard the whispering most distinctly was after I had locked the door, but we heard it before.

MR. BALLANTINE. Q. How came Edward to tell you he was not on good terms with his brother? A. I do not know—I do not remember asking him about it—there was no necessity for his telling me about it—they seemed friendly when I saw them together in the pantry—he could not have come into the pantry without his brother's knowledge and permission—I heard the church clock strike twelve, but I first heard the kitchen clock strike—I thought I heard the front door of the private house close previous to that, but I am not positive—that was soon after we went to bed—I did not call the cook's attention to it—I never heard the prisoner give any reason for not wishing to see his brother.

ELIZABETH SCOTT . I am cook to Mr. Grimble. I slept with the housemaid—I went to bed on the night of the 28th of Dec., at half-past ten o'clock—I left Edward Plowman on the mat of the street-door when I went to bed—there is but one street-door—I got into bed before eleven o'clock, and was awoke from ten minutes to a quarter to twelve o'clock—I heard a gentle noise, which I cannot describe, but somebody appeared to be about—it was directly under us, which is the pantry—I came down stairs after the housemaid went down, and found the prisoner Edward there, the housemaid, porter, and two clerks—the prisoner said he had been in bed—I went to the pantry with the rest—I saw the pantry-door had been partially cut—the top part of the panel was merely cut through, not sufficient for anybody to get through—I looked upon the ground, but there was no sawdust or shavings of any kind—I went to the dining-room, and found three or four decanters—one of the cellaret drawers was broken open, and a desk broken open—I was in the dining-room before going to bed—everything was safe at that time—I did not go into the pantry—there was a fire in the pantry, for the stove-pipe, which comes through our room, was quite warm before we came down, and when I went into the pantry the stove was redhot half-way up—there ought not to have been a fire at that time.

Cross-examined by MR. CLARKSON. Q. Is your bed-room damp? A. Yes—we have asked the prisoner to keep a good fire in the day time to correct the damp, but not at night—the servants had a party of friends on Christmas night—I cannot exactly say the number—I know John, the late groom, had been desired not to come to the house—he was one of the party for a short time—I know nothing of a list being given to my master of the persons present, or of John's name being omitted—I do not know of his being shut in the pantry that he should not be seen—he was not there alone—a young friend, Miss Scott, came with him—she was on a visit there—he might be a sweetheart of hers—I invited John to come—I knew he had been forbidden.

MR. BALLANTINE. Q. How long had you known John? A. He had lived fellow-servant with me two years—I had known him two years and a half—I never knew anything against him—I know where he is—he can easily be found if necessary—I cannot say whether the panel was cut from within or without.

GEORGE WESTBROOK . I am porter to Mr. Grimble. On this Sunday night I went to sleep at the lodge about half-past ten o'clock—Edward was with me that night—I saw him go into the dining-room—he did not pass by my lodge to go to bed—he would have to do so—the housemaid came and awoke me, and on getting up I saw the prisoner Edward on the dwelling side of the house, the private part—I afterwards told him he had not been by my room, and he said he had—it was his duty to lock up the house, and he should have hung the key up in the lodge, which is my room—he did not bring it that night—I found it afterwards in the door—that is the key of the side door, which leads to the archway—I should say, from his appearance, that he had not been to bed that night—he was dressed, except his coat—I said he had not been to bed—he replied that he had, and said, "If you look you will find my watch under the pillow"—I afterwards went to his bed-room—his bed had then been disturbed on the top, but nobody had been in it—the front street-door key was asked for, and he produced it—he took it off the pantry-dresser—there were a number of keys alongside it, which I had never seen before, and did not belong to the house—I also saw a chisel, screw-driver, file, and three masks on the table—I went out for a policeman, and in coming back, near the private door, I heard the bolts unfastened, as I thought, and was waiting to see somebody come out, but, instead of being unfastened, it was being bolted inside—this was before the key of the street door had been found.

Cross-examined by MR. CLARKSON. Q. The key of the street door was not asked for, was it, till after the discovery? A. A very little while after—the premises had been searched first—it was not his duty to bring the key of the archway entrance to me, but to put it on a hook in my lodge—I often went to bed before him—the key of the street door should have been in the lock—I suppose that was in case of fire—I know Edward had money on Christmas-day—he used to be engaged in several raffles, at Newmarket, and several things of that sort, according to his own account—some tickets were taken out in my name, but without my permission—that was a month or six weeks before the robbery, and I saw no money at all, and knew nothing of it till the letter came with the tickets—he told me he had won some money.

MR. BALLANTINE. Q. Was that before or after Christmas-day? A. A considerable time before—I lent him 10s. on Christmas-day—he repaid me the following day, or Saturday—it was within a quarter of an hour of my hearing the street door locked that he took the key from the pantry-dresser—I had left him, the two nurses, the cook, and housemaid in the house—the clerks were both in at the time, but they are on the opposite side—the prisoner had an opportunity of going to the front door, for I was out some little time—the noise I heard was like both bolting and locking—this was before a quarter-past twelve.

ELIZA SCOTT re-examined. Neither of us locked or bolted the front door after we came down.

ELIZ. RUSHELL . I did not lock or bolt the front door after I came down.

ARTHUR JAMES GARTON . I am clerk to Mr. Grimble. On Sunday night, the 28th of Dec, I went to bed between eleven and twelve o'clock—I was awoke by the prisoner or the housemaid, I do not know which—I saw the prisoner when I got down—whoever awoke me might have gone into the prisoner's

bed-room before they came to me—his bed-room is next to mine—when I got down I found the pantry door open, not broken open—I did not notice the pannel—I found the prisoner on that side of the house—he said he had come there to the water-closet, but there is a water-closet near his bed-room—there was no difficulty in his getting to that one—I saw the sideboard-drawer in the dining-room had been forced, apparently with a chisel—I went into the prisoner's bed-room—his bed was disturbed at the top when I saw it—that was some time after—there was no appearance of its having been slept in—the bottom part was as smooth as if no feet had been there—I had not fastened the front door that night.

Cross-examined by MR. CLARKSON. Q. The bed appeared to have had nobody in it, but the pillow and bolster were removed? A. Yes.

Cross-examined by MR. PRENDERGAST. Q. Mr. Grimble's houes is near the top of Albany-street? A. Yes, about a quarter of a mile from the bottom of the New-road.

JAMES KILSDEN (police-constable S 42.) On Sunday, the 28th of Dec., I went to the prosecutor's distillery with Garton, and saw the prisoner and servants—I examined the doors and premises—no violence whatever had been used to the outer door—the pantry drawers had been broken open—I took the prisoner Edward into custody—I said, "My impression is, that whoever entered the house, has been let in by somebody in the house"—he made no reply—I took him to the station, searched him, and found two sovereigns, 18s. 10d. in silver, and 2 1/2 d. three small keys, and the key of the pantry, on him—the panel of the pantry door had been cut along the top part, and a little way down on each side, but not enough to put an arm, or even a finger, through—there were no chips about corresponding with the cut—I found a chisel, screw-driver, and a lot of small keys on the dresser, and three masks.

Cross-examined by MR. CLARKSON. Q. When you took the prisoner, did you go with him to his room to get his watch? A. No—he had it at the station—I did not see him get it.

ALBERT WALKER . I live at No. 14, White Hart-street, Drury-lane, and am a painter and glazier. I have known William Plowman about eighteen months—I received a letter from him about the 12th of Dec. at the corner of Albany-street, to take to Mr. Grimble's—he told me to ring the bell and leave it for his brother—I was not to wait an answer—I rang the bell and gave it to a young woman—I went away and waited with William at the corner of the street for some time—I cannot say how long—the prisoner Edward then joined us—they walked on four or five yards ahead of me, round the market to the corner of the street, and then Edward left him—William said, "We will go and have a pint of beer"—we went to a public-house on the left hand side of the distillery, remained there about a quarter of an hour, and about two o'clock William said he was to call for a parcel—at two o'clock we went to the beer-shop at the corner, had another pint of beer, stopped at the corner till just after the clock struck two, and Edward brought the parcel out in a piece of newspaper, he delivered it to William, and went in again—I saw it opened by William—there was a work-box with a top tray to it, and underneath was a piece of yellow soap—on the Saturday before Christmas-day I saw William again—he asked if I would get him a key made to a pattern on a piece of yellow soap which he gave me—I think it was the same description of soap as I had seen in the box—the box now produced is the one—these figures were on it at the time—William and I went that evening to a shop near Clare-market, and he obtained a key there which was fitted to the pattern on the soap, it was given to the man to fit it—Bywater was with us—we went to the White Horse, had a quartern of gin, and returned to the Three Compasses, in White Hart-street,

where William lodged—on the 26th of Dec. I again saw him in company with Bywater at the corner of Red Lion-court, White Hart-street—William asked whether I could sell some plate for him—I said I should be back in a few minutes—I went up stairs to finish my tea—when I returned he was gone—I saw him again between ten and eleven, I think, at the Three Compasses—I said he was a queer fellow not to come back—he said he had been chased by Pocock, and had lost Pocock at the corner of Museum-street.

Cross-examined by MR. PRENDERGAST. Q. What day was this? A. The 26th—I saw him on the 27th as well—I saw him on the 26th in White Hart-street, where I live—I saw him at the Three Compasses as well—it is about ten minutes' walk from White Hart-st.—it is in the same street—he got the key himself—I went with him—I did not show him where it was to be got—he knew the shopman there—William had requested the soap to be returned to him, that he might get it himself—I had it in my possession an hour or more, but did not see the young man I expected, who was a smith named Porter—I did not tell the prisoner he might get the key in Clare-market—I and Bywater went there with him between five and six o'clock in the evening—the prisoner took us to the shop—it is a rag shop—I knew the place but not the man who keeps it—William went in—I went in after him—Bywater was called in—2d. was paid for it—I have known Porter about two years—I do not know that he has been transported—I do not believe it—he is not exactly a smith, but a bottle-jack maker, and has I dare say some scores of keys—I thought he might have one by him—I have seen him with his door key and others which he has fitted to gentlemen's locks—I never saw him fit them, but he has said he was going to take them to different places—I have seen him at his father's house—he works with his father, who has a shop in Newcastle-street—I did not go there for him, as I expected he would be at the Compasses—it is not two minutes' walk—I know Pocock, the policeman, and he me, as he has often been about there—I never knew him give information about me—I drank with William on Saturday, the 27th—I did not hear he was about being married—I went to his washerwoman that Saturday for a clean shirt, but could not get it, and he got a new one, which he paid 4s. 6d. for.

MR. BALLANTINE. Q. You did not get a key from Porter? A. No, but from James, the witness.

HENRY JAMES . I live at No. 48, Clement's-lane, and am servant to Mrs. Davies, of Sheffield-street, Clare-market, a marine-store dealer—I have known the prisoner William six or eight months—he came with Walker and Bywater in Dec.—William asked for a key—I showed him one, which was too big—I went to the other side of the shop and got a ring of keys—I said, "Suit yourself," and he did so—he had something in his hand, which I saw afterwards was a square piece of yellow soap—I did not see any impression on it.

Cross-examined by MR. PRENDERGAST. Q. You know him well? A. Yes, from his passing to work, and he knows me—three of them came to the shop, he paid 2d. for the key.

EDWARD BYWATER . I am a bricklayer, and have known the prisoner William for twelve or fifteen months. I saw him at the Three Compasses on the Saturday previous to Christmas-day—on coming into Clare-street he said if he had not got the key that night it would have been 40l. or 50l. out of his pocket—he had never shown me any plate or said anything about any—I was with him when he bought the key of James at the corner of Bear-yard, and Sheffield-street.

Cross-examined by MR. PRENDERGAST. Q. Did you go with him? A. Yes, and Walker—Walker called me out and asked me to take a walk—I

did not know anything about the key till I got to the shop—I live in New Church-court, Strand—I had been at work the day before, for my father is a bricklayer—I played at cards with the prisoner on Saturday—I play at skettles—I do not know that I have been named in Bell's Life in London—I have played matches—I am sometimes on the river—I was never in custody, nor in a steam-boat when there has been a cry about property—I know John Porter—he is a jack-maker I believe—I never heard he had been transported.

WILLIAM POCOCK (policeman.) On Friday evening, the 20th or 27th, I saw the prisoner William in company with another man in Broad-street, Bloomsbury—I followed him to the top of the street—he crossed over to Museum-street—he saw me, and walked much faster than before—I went to Mr. White's, who kept the Three Compasses, but he had left and gone to Great Chapel-street, Westminster—I found a pistol and some wearing-apparel in the prisoner's box there—Mrs. White gave me the work-box, which I have produced.

Cross-examined by MR. PRENDERGAST. Q. You knew Walker very well? A. Yes, and Bywater, as working men—I fetched them from their employ to go to the Magistrate—they are, as far as I believe, respectable working men.

MR. BALLANTINE. Q. Did you ever know either of them convicted? A. Never, nor in custody—I frequently saw the prisoner William in their company—I never watched them as suspicious characters.

WILLIAM WEST (policeman.) On the 27th of Jan. I apprehended the prisoner William, at 62, Westmoreland-place, City-road—I told him he must consider himself in my custody on suspicion of being concerned with his brother in robbing of Mr. Grimble, of Albany-street—he said he would go with me, he knew nothing about it—I found a knife, a memorandum-book, and four keys on him—I took him to the station—his wife was there—I asked what she had in her pocket—she then produced two purses, one containing a 5l. note and fourteen sovereigns; and the other, one sovereign, a half-sovereign, and two sixpences—she produced her marriage certificate—I asked her whose money it was—the prisoner said it was his 5l. note and the sovereigns were his wife's, if I looked at the back of the note I should see his name on it, which is so, with the date, 14—1—45, but the note was only issued in Feb., 1845.

Cross-examined by MR. PRENDERGAST. Q. His wife was a person of respectable appearance? A. She appeared very respectable—I know she had kept a public-house in the neighbourhood four or five, months before.

MR. BALLANTINE. Q. Do you know her circumstances after she left it? A. No—I found a duplicate for two gowns, pawned for 3s., on the 17th of Oct., 1845, among the articles.

WILLIAM BUTLER . I lived at the Three Compasses as waiter and pot-boy. I have known the prisoner William Plowman about fifteen months—he lent me a sovereign on Saturday morning, the 27th of Dec—I paid him back the same day—I never lent him money—on the Sunday night after Christmas-day I went out with him, about eleven o'clock, as near as I can tell—he asked me to go, and said he was going to meet a friend—we went up Drury-lane, and the New-road, to the Fitzroy coffee-house, Tottenham Court-road, near the New-road—he gave me 1s. there to pay for coffee, as I had no money—he merely, went into the house, but did not stop himself—he said he was going to meet a friend, and would be back in about an hour, and desired me to stop there till he returned—I had a little dog with me, and was outside looking for it, about twenty or twenty-five minutes past twelve o'clock, and William Plowman

came up—I could not see in what direction—I was in Tottenham Court-road, close to the coffee-house—he did not say where he had been—we went into a public-house together, and had a quartern of gin—we drove in a cab to White Hart-street, Drury-lane, after walking some distance to the cab rank, we then went home—we had a pint of brandy at the Three Compasses, which he paid for—he said he was going to have a spree, and asked me to go with him—we went up Drury-lane, to another public-house, had a quartern of gin or rum—as we came out a cab passed—he asked the man what he would charge to the Eagle in the City-road—he said 1s. 6d.; but we got out in Goswell-street, and went into a coffee-shop, and did not go in the Eagle—I got home about half-past eight o'clock in the morning—I left him about five in the morning, at the Sun public-house, Smithfield.

Cross-examined by MR. FRENDERGAST. Q. I believe he asked a policeman to direct him to a night-house to have coffee? A. Yes, and he showed us the Fitzroy coffee-house—it was a quarter or twenty minutes before twelve o'clock when William left me—he did not come back into the coffee-house, but I saw him outside—he did not appear to have been running or flurried, and was not carrying anything.

MR. BALLANTINE. Q. You walked with him from the Three Compasses, is that in White Hart-street, Drury-lane? A. Yes—we went up Museum-street into the New-road—we did not stop anywhere—we left the Compasses about eleven o'clock—I think it was past eleven.

MR. PRENDERGAST. Q. Did he appear to have been gone more than twenty minutes or half an hour? A. Three quarters of an hour—it was nearly a quarter to twelve o'clock when he left me—he did not say he wanted to meet a drover.

MR. BALLANTINE. Q. Had you a watch? A. No, but I noticed the clock at the coffee-house as we went in—it then wanted nearly a quarter.

RICHARD WHITE . I kept the Three Compasses. The prisoner William lodged at my house in Dec.—on the Sunday night before Christmas he went out with Butler—I believe it was about half-past eleven o'clock when they left—they got back about a quarter or half-past twelve, as near as I can recollect, about half-past—I do not think they had anything to drink when they returned—I do not keep the house now—the prisoner paid for a pint of brandy when they came back, but it was supplied that night before they went out—the prisoner owed me about three months' rent, at 4s. a week—he has not paid me—it was about 18s. a week board and lodging—I did not know his box before the waiter or servant brought it into my bed-room—I had the charge of it, it was left in my bed-room—Butler told me it belonged to the prisoner—I pointed out that box to the police—my wife handed this work-box to the police in my presence.

Cross-examined by MR. PRENDERGAST. Q. Do you know Walker? A. Yes—he is a painter and glazier—Pocock has not given me any warning about him, but he has about the name of Neale and Bywater.

WILLIAM BUTLER . It was the prisoner's box the policeman saw.

JANE WHITE . I am the wife of Richard White—we live in Great Chapel-street, Broadway, Westminster. I know both the prisoners—shortly before Christmas-day I received a duplicate from the prisoner William—I gave him 6d. for it—I got that work-box by that duplicate from Mrs. Walker—she redeemed it, and she had pledged it.

Cross-examined by MR. PRENDERGAST. Q. Who is she? A. The wife of William Walker, the witness—she pledged it for William Plowman, and redeemed it for me—she told me she had pledged it for Plowman, and he told me so too—it was redeemed on a Saturday—its a lady's work-box—he said

it was his first wife's—I kept it in my bar a week—I saw it before it was pledged—he asked if I should like to buy such a thing—I did not want it, and he pledged it—I remember the key of his room door being lost—I was obliged to lend him my own bed-room key to open his door—it was the custom for the lodgers to have their doors locked—I do not know whether he found the key—I cannot say when he lost it—I knew his wife before they married—she had been in good circumstances, and kept a public-house—whether she was rich or not I do not know.

MR. BALLANTINE. Q. Did you know under what circumstances she gave up the public-house? A. No—he asked me to buy the box about a fortnight before Christmas.

MR. GRIMBLE. My house is in the parish of St. Pancras—it is a short ten minutes' walk from Tottenham Court-road through passages, but not the direct way—the key of the plate was left in Edward's possession—he had the key of the pantry and plate cupboard—the key of the gateway door ought to have been hung in the porter's lodge, and the street door key should be left in the lock.

ALBERT WALKER re-examined. I saw William Plowman on the 27th—he had a considerable quantity of gold—his hand was full of gold and silver together.

WILLIAM POCOCK re-examined. I deny ever cautioning White about Bywater.



Transported for Fifteen Years.

NEW COURT.—Monday, February 2nd, 1846.

Fifth Jury, before Edward Bullock, Esq.

2nd February 1846
Reference Numbert18460202-515
VerdictGuilty > unknown

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515. JAMES DONOVAN was indicted for stealing 59lbs. weight of copper, value 21l. 14s. 1d.; the goods of Thomas Ward.

HENRY GOLD (police-constable K 79.) I saw the prisoner on Sunday, the 7th of July, 1844, about a quarter to six in the morning, in company with a man named William Smith, who has been convicted—they were in Broad-street, Ratcliff, carrying a tub—the prisoner had hold of one handle, and Smith of the other—it was covered with a sheet or cloth—I watched them a considerable time and saw them put the tub down on the pavement—a cab drove up at the time—I saw the prisoner hold up his hand and hail the cab—I then saw him take one handle and Smith the other, and place the tub and the property on the cab—there were 591bs. weight of copper in the tub—Smith got up and rode on the box—the prisoner followed the cab, and I followed—the cab drove out of my sight—I followed to the corner of Old Gravel-lane—I saw the cab there, and saw the cabman take the tub off—I am sure it was the same property—Smith took it on his back, and went down Old Gravel-lane with it—the prisoner walked about 100 yards by the side of the cab—he then saw me pursuing, and made his escape—I saw him go away—I stopped Smith opposite the tunnel with the property in his possession—I weighed the copper—I showed it to Higgins, and found it belonged to Mr. Ward.

JOHN HIGGINS . I am foreman to Mr. Thomas Ward—we lost seven sheets of copper out of one of our little stores—it weighed 491bs. or 50lbs.—it was lost on the 7th or 8th of July, 1844—it was safe the night before—I never knew it was gone till the policeman came to me—I saw the copper again about a week afterwards—it was shown to me by Gold—I knew it to be the property of Mr. Ward.

Prisoner's Defence. On the morning this happened I got up and went

after a barge; Smith met me; I knew him to be at work at Mr. Ward's; he asked me to lend him a hand to put the tub on a cab; he said it was clothes he was going to take home to his wife; I lent him a hand, and I never saw him again; I am as innocent as a child; Smith had a towel on the top of it.

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

2nd February 1846
Reference Numbert18460202-516
VerdictGuilty > pleaded guilty

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516. JOHN MICKLEBURG was indicted for stealing 1 cash-box, value 2s. 1d.; 10 sovereigns, 6 half-sovereigns, 3 10l. Bank notes, and 2 5l. Bank notes; the property of Sir John Easthope and others, his masters; to which he pleaded

GUILTY . Aged 52.

(William Stanhope Sawtell, manager of a Bank; John Welch, a merchant in Broad-street; Daniel Mulier, an accountant at Walworth; Abraham Hans, beadle of St. Stephen's, Coleman-street; James Grocer, a tailor in Leather-seller-buildings; and Thomas Blunsell, a tailor, in White Lion-street, gave the prisoner a good character.)

Transported for Seven Years.

2nd February 1846
Reference Numbert18460202-517
VerdictGuilty > pleaded guilty

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517. WILLIAM SMITH was indicted for stealing 1 pair of boots, value 16s., the goods of Charles Wilford; to which he pleaded

GUILTY . Aged 20.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-518
VerdictGuilty > with recommendation

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518. WILLIAM GRANTHAM was indicted for stealing 1 handkerchief, value 1s. 6d., the goods of William Barroll, from his person.

WILLIAM BARROLL . On the 9th of Jan., about a quarter before five o'clock, I was in Gracechurch-street. I saw a crowd, and while I was looking at it a person, whom I afterwards found to be a policeman, tapped me on the shoulder, and asked if I had lost anything—I felt, and found I had lost a small red handkerchief—this is it—I had had it a short time previously, as I had an inflammation in my eyes, and had it to wipe them—when I was spoken to I saw my handkerchief fall from the prisoner.

JOHN DAVIES (City police-constable, No. 551.) About a quarter before five o'clock, on the 9th of Jan., I saw a crowd in Gracechurch-street—I saw the prisoner put his hand into Mr. Carroll's pocket, and draw this handkerchief out of it—I asked Mr. Barroll if he had lost anything—he said, "Yes, a red silk pocket-handkerchief"—I went and stopped the prisoner, and found this handkerchief under his coat—it has W. P. upon it.

Prisoner's Defence. I was going from work; I went to look at the crowd; I saw the handkerchief lying down at my feet; I took it up, put it into my pocket, and went on with my barrow; the policeman came and took me.

GUILTY . Aged 23.—Recommended to mercy by the Prosecutor. Confined Six Months.

2nd February 1846
Reference Numbert18460202-519
VerdictNot Guilty > unknown

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519. ELIZA YOUNG was indicted for stealing 1 carpet, value 10s., the goods of George Frederick Locke.

SARAH LOCKE . I am the wife of George Frederick Locke. We live in Church-street, Soho—on the 18th of Oct. I missed a carpet from my second floor—this is it—it is my husband's—I saw it safe about one o'clock in the day—it was rolled up and put outside the room on the landing, and tied up—I know nothing of the prisoner.

THOMAS WELLS (police-sergeant C 1.) On the 31st of Oct. I received charge of the prisoner—she told me she lived at No. 1, Little Compton-street—I went there, and found seventy-seven duplicates in a cupboard—one of them belongs to this carpet—I went to Mr. Priest's and found the carpet—the

prisoner told me she had pawned it, but said it was given her by another person—she would not tell me who—this is the carpet, and this is the duplicate of it.

RICHARD COLEMAN . I am shopman to Mr. Priest, a pawnbroker, in Long Acre. I produce this carpet which was pawned by the prisoner on the 18th of Oct., about four o'clock in the afternoon.

(The prisoner put in a written defence, stating that she had purchased the carpet on the 15th of Oct. of a person who had formerly been charwoman where she had been in service, and gave it to a man named Dennis to beat.)

JOHN HAMBLEY DENNIS . I am a labouring man and a porter—I live in Tower-street, Seven Dials—the prisoner hired me to beat a carpet for her on Thursday, the 16th Oct., about five o'clock—I am certain of it—I know it was on the 16th of Oct., by my recollection—I fetched it from her lodging on the 16th, and took it and beat it on the 17th—I know it was on the 16th I had it by my memory—there was nothing else that I did the same day that I know of—I often beat carpets when anybody gives me a job—I know the prisoner by sight, nothing further—I should know the carpet—it was a kind of blue ground—it was very much worn on one side—I beat it almost to rags on one side—I can swear that this is the carpet I beat for her.


2nd February 1846
Reference Numbert18460202-520
VerdictGuilty > with recommendation; Not Guilty > unknown

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520. EDWARD WELLS and CHARLES OLIVER were indicted for stealing two bags, value 1d., and 9 1/2lbs., of tobacco, 1l. 5s.; the goods of John Rogers, their master.

JOHN ROGERS . I am a tobacco-manufacturer, and live in Oxford-street—both the prisoners were in my employ—this tobacco now produced, is my property—I saw it on the 9th of Jan., and recognized it as tobacco that I had—I do not know when it was at my premises—I think it is tobacco which was manufactured on that day—it was manufactured—I know the paper bags it is in—I said, "At any rate they are my bags"—I can swear positively to these bags.

Cross-examined by MR. ROBINSON. Q. Then you cannot swear to the tobacco? A. After this time it has assumed a more common place character—it is drier—tobacco differs in character, and this is a character of tobacco I manufactured on that day—I manufacture a great deal of this sort—I know these bags were made at our place, they quite agree with the paper and the make of my bags—I have a large establishment—other persons might send out goods.

Cross-examined by MR. O'BRIEN. Q. There is no mark on the bags? A. No particular mark.

JOHN MARSHALL (police-constable D 118.) A little before ten o'clock on the night of the 9th of Jan., I saw the prisoners in Marylebone-lane—I suppose three quarters of a mile from Mr. Rogers'—there was another person with them who is not in custody—I watched them, and saw them go under a public-house window—Wells had the tobacco under his arm—I saw him in the act of opening the bags and showing the other two what was inside—I took Wells—I asked him what he had got—he said tobacco which he had brought from his master, Mr. Rogers, and he was going to take it to No. 25, East-street—I said I would go with him—he said, very well, he was not afraid, it was all right—he went there and asked for a person named Bond—a female came to the door and said her husband was not at home—she appeared very much confused—I asked if she knew anything about the tobacco—she said she knew nothing of it—I said to Wells, "I shall take you to the station"—we had not gone far from the door before he said, "For God's sake don't do

that, take the tobacco, let me go home to my friends; I know I have done wrong"—I said it was no use talking like that, he must go to the station—I took him there, and he said he would tell me where the other one lived—I went and found Oliver in bed, at No. 10, Clarence-gardens—he said he knew nothing of it, he had been in bed ever since half-past nine o'clock—it was about twenty minutes before ten o'clock when I saw them together.

Cross-examined by MR. ROBINSON. Q. Wells said he came from his masster's, Mr. Rogers, in Oxford-street? A. Yes, I said before the Magistrate that Wells said, "I have done wrong"—my deposition was taken—I signed it—it was read over to me—this is my signature.

Q. You say here, "He said for God's sake let me go, and take the tobacco yourself," will you undertake to say you said anything more to the Magistrate? A. Yes, my deposition was read, and I believe that was in the deposition.

Cross-examined by MR. O'BRIEN. Q. Before you came up to Wells had the other two parties left him? A. No, they were all three together when I went up to him—I followed them all down the lane—when I first saw them I was seven or eight yards from them, just across the road—they were walking along—they passed me and my brother officer, and we passed them again—I cannot tell how the third person was dressed—Oliver was in a fustian jacket—it was nearly an hour and a half after I took Wells to the station that I went to Oliver's—I did not look at the clock—it was a little after ten o'clock when I went to the station with Wells—I then staid some time and walked up to Clarence-gardens—I could not tell what colour Oliver's fustian jacket was—it was a sort of drab, something similar to what Wells has on now—I believe Oliver had a cap on, but I am not sure—I saw a jacket on a chair by his bed-side—I took him in that jacket to the station.

PAUL JONES (police-constable D 37.) I was with Marshall, and saw the three persons under the public-house window, looking, by the assistance of the gas-light into a parcel—I went a little way past them and spoke to Marshall—I am certain the prisoners are two of the three persons—Wells stated that he brought out the bird's-eye, and Charles brought out the fine shag.

Cross-examined by MR. ROBINSON. Q. You were not before the Magistrate? A. Yes, and I stated that before the Magistrate—I stated these words before the Magistrate, but my deposition was not taken—the prisoners had not seen me when they were at the window—I had been with Marshall all the time—the prisoners had not seen me before they were at the window—they might have seen me when I shoved against them there.

JOHN ROGERS re-examined. Q. The prisoners were both in your service? A. Yes—I sent them out with a great deal of tobacco—they had carried out a great deal of goods that day—I certainly had not sent them out with this tobacco—I have other persons in my employ, who are not here.

WELLS— GUILTY . Aged 20.—Recommended to mercy. Confined Six Months.


2nd February 1846
Reference Numbert18460202-521
VerdictNot Guilty > unknown

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521. PATRICK DRURY was indicted for stealing 17 pairs of stockings, value 1l. 6s.; 18 pairs of braces, 7s.; 9 handkerchiefs, 9s.; 4 belts, 6s.; 4 pocket-books, 6s.; and 6 bags, 9d.; the goods of Michael Hart.

MICHAEL HART . I am a hawker. On the morning of the 16th of Jan., I was at the Grapes, in Farringdon-street, standing at the bar—I had a bundle with me, containing the things stated in this indictment—I left it on a barrel in my sight—I had not seen the prisoner there till I saw him laying his hand on it—I told him the goods were mine, and he drew back—I turned to speak to a man I was in company with—I turned back in about a minute, and the

prisoner and the bundle were gone—I told the man who was in company with me, to go out at one door, and I went out at another—I did not take the prisoner, but he came back in about twenty minutes—I asked what he had done with the goods—he said he would punch my b—head if I accused him of taking them—I told him to let us have them, and let us have none of his larks—I sent for a policeman and gave him in charge—I saw my goods again at Guildhall—these are them.

Cross-examined by MR. BALLANTINE. Q. Is this man an Irishman? A. I do not know—he did not appear to me to be drunk that day—I do not know that he is accustomed to have larks—there are eleven pairs of stockings still missing—I went to the prisoner's wife—I did not offer to settle it for 2l. 10s.—what I lost was worth 2l. 10s.—I went to his father's to know where the goods were left—I got an account from his mother that they were left at the station—I have not seen his father.

MARY LYNCH . I am the wife of Timothy Lynch—we live in Hart-court, Farringdon-street. I have known the prisoner from a child. On the morning of the 16th of Jan., about eight o'clock, he brought these goods in a bundle to my house—he said he was going to have half a pint of beer, and to take care of them till he came back—he was very much in liquor—he left the goods on the table, and about eleven I took them to the station—I did not open the bundle—it was tied with a knot.

Cross-examined. Q. How far do you live from the Grapes? A. Not a minutes' walk—the prisoner was very drunk indeed—I never knew him to do anything wrong—I did not take anything out of the bundle—I was at the prisoner's mother's—the prosecutor came there and said if he got the value of his goods, he would not prosecute—I understood he and the prisoner were drinking together—I cannot say about larking.

EDWARD COTT (City police-constable, No. 285.) I was called into the Grapes—the prosecutor gave the prisoner in charge—he said he knew nothing about it—on the way to the station he said if I would go back he would see what he could do about getting the things back, and then he said again he knew nothing about them—I produce the bundle.

Cross-examined. Q. Did you not first of all charge him with stealing the goods? A. No—he did not deny that he had stolen them—he denied that he knew anything about them—he was charged by the prosecutor with stealing them, and denied having stolen them—he was the worse for drink—I have seen him more drunk than he was then.


2nd February 1846
Reference Numbert18460202-522
VerdictGuilty > unknown

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522. JAMES DERMOTT was indicted for stealing 1 half-crown, the goods of William Chapman.

WILLIAM CHAPMAN . I am a labourer. I came from Oxford—I was lodging at the Cross Keys, Gracechurch-street. On the 15th of Jan. I saw the prisoner there—I knew him before—I went with him to the Shades, and when we were coming from there, he said he had not any money, and if I would pay for his lodging and what he had to drink, he would pay me in the morning—I paid for a pint of beer, and 2s. for a bed for him—I had half-acrown and 4 1/2 d. besides—the half-crown was in my trowser's pocket—when I went to bed I laid my trowsers on a chair by the bedside—I got into bed, and saw the prisoner take a chair and sit down by the table—he afterwards came to bed—I did not hear him get out of bed, but in the morning he was tearing some paper, and it awoke me—he was very nearly dressed—I asked if he was getting up—he said, "Yes, I am only going down stairs; I shall be up in a minute or two"—he said, "It is moon-light, it is not time to get

up yet"—I got out of bed, looked out of the window, and saw some men at work—I said, "It is time to get up"—I took up my trowsers, and missed my half-crown—I said so, and he said, "It must be down on the floor or on the chair"—he could not get out of the room, and after I got dressed I opened the door, and went down stairs with him—at the bottom of the stairs I met the porter—I said, "I have lost half-a-crown, I cannot find it"—I said to the prisoner, "Will you go up stairs with me?"—he would not go up, but said he was going out—I went out and gave him into custody to the first policeman I met.

Prisoner. Q. Is this the same story you told before the Lord Mayor? A. Yes—I did not swear then that you got out of bed during the night—you pulled out your empty purse, and told me you had no money—I did not see you get out of bed and go to my clothes—I cannot swear you took the half-crown—I saw the one you gave to the policeman—I cannot swear it was mine—I had a half-crown when I went to bed, and when I awoke it was gone—I did not tell you I had a half-crown.

COURT. Q. Did you sign this deposition? A. I cannot read it, but I signed it—it was read over to me.

COURT. Q. You say here, "I heard the prisoner get out of bed once in the night?" A. Yes, he was out of bed—I believe he had occasion to get up in the night.

JOHN LEWIS (City police-constable, No. 581.) About eight o'clock in the morning on the 16th of Jan. the prisoner was given into my custody—I took him to the station, and told him I was going to search him—he pulled from his pocket a half-crown, and said, "That is mine"—he pulled out an empty purse, a book, a razor, and a certificate of his discharge from a regiment.

Prisoner. Q. Did you ever see me in custody before? A. I never saw you before that.

GUILTY . Aged 29.— Confined Twelve Months.

2nd February 1846
Reference Numbert18460202-523
VerdictGuilty > with recommendation

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523. ANN COOPER was indicted for stealing 1 pewter pot, value 1s.; the property of William Baynes.

WILMAM BAYNES . I keep the White Bear, in King William-street—a little before seven o'clock on the night of the 7th of Jan. the prisoner came to my place for a pint of ale—there was another woman with her—they drank the ale, and we missed the prisoner all on a sudden, and the pot—I charged the other woman with stealing the pot—she denied it—I saw she had not got it, and told her she might go—in about a quarter of an hour I heard a noise at the door, and Ann Humphries had drawn the prisoner in.

ANN HUMPHRIES . I am the wife of George Humphries, a carman—we live in Castle-street, Kent-road—on the evening of the 7th of Jan. I went to the White Bear, to get some broken victuals—the prisoner asked me to have a pint of beer—she afterwards disappeared, and Mr. Baynes accused me of having stolen a pot—I offered to be searched, and he let me go—I went as far as Seething-lane, and there saw the prisoner—I asked her to go back with me—she denied it—I caught hold of her—she bit me and tore my gown—I got her to the prosecutor's house—the policeman caught hold of her arm, and the pot dropped on his feet from her—this is it.

MICHAEL CARTHY (City police-constable, No. 471.) On the 7th of Jan. I went to the White Bear—I heard a noise at the door—I saw Ann Humphries bringing in the prisoner—I saw this pot drop—it is the prosecutor's.

Prisoner. I beg for mercy.

GUILTY . Aged 67.—Recommended to mercy by the Jury. Confined Fourteen Days.

NEW COURT.—Tuesday, February 3rd, 1846.

Sixth Jury. Before Mr. Common Sergeant.

2nd February 1846
Reference Numbert18460202-524
VerdictGuilty > pleaded guilty
SentenceImprisonment; Corporal > whipping

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524. JOHN WILLIAMS was indicted for stealing 1 cost, value 13s., and 1 pair of trowsers, value 8s.; the goods of Thomas Purcell, his master; to which he pleaded

GUILTY . Aged 13.— Confined Three Days and Whipped.

2nd February 1846
Reference Numbert18460202-525
VerdictGuilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment

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525. JOHN COUSINS and THOMAS HILL were indicted for stealing 1 pair of boots, value 4s., the goods of Charles James; and that Cousins had been before convicted of felony.

THOMAS DENAHAY . I work for Mr. Charles James—he is a shoemaker, at No. 52, Whitechapel-road—he had a pair of boots hanging on the shop door on the 6th of Jan.—between one and two o'clock I was going in, and saw a crowd at the door—I made my way up—these are the boots which were hanging up safe—they are Mr. Charles James's.

GEORGE FURLBY . I live with my father, next door to the prosecutor—on the 6th of Jan. I was serving a customer—I saw the two prisoners looking through my father's window—I then saw Hill pass something to Cousins, who tucked it under his coat, and went away—Hill went the other way—I had seen the boots before—I did not see anybody touch them, but both the prisoners were standing close by where they were—I told my father—he went out and stopped Cousins, and these boots were found on him in my presence, in Mr. James's shop, where Cousins had been brought back to—Hill was taken the next morning—I am sure Hill was the person—I had seen him once before.

WILLIAM CARR (police-constable H 109.) I was sent for to the prosecutor's—Cousins was in the shop—Mr. James said in his presence that he had taken these boots from under his coat—he said he did not take them, but the other boy took them—I took Hill on the Thursday morning, and the moment I stopped him, before I had said a word to him, he said, "I did not take the boots."

Cousins's Defence. I hope you will be merciful; it is the first time; the prosecutor was my teacher at a Sunday-school for seven years, and I was one of the best boys in the whole school.

WILLIAM KING (police-constable, H 83.) I produce a certificate of Cousins's former conviction at Clerkenwell—(read Convicted on the 19th of August, 1845, and confined three months)—he is the person—I have known him convicted from the office for stealing trifling things—he associates wilh a set of thieves.

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

HILL— GUILTY . Aged 10.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-561
VerdictNot Guilty > unknown

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561. CHARLES PHILLIPS and JAMES FREEMAN were indicted for stealing 1 handkerchief, value 1s., of a man unknown, from his person.

JAMES BURTON (police-constable N 272.) I was on the Southwark side of London-bridge on the 17th of Jan., about three o'clock in the afternoon—I saw the two prisoners making from the Borough—I followed them, and saw Freeman try a gentleman's pocket on the bridge—he put his hand under and lifted it up—they went on, and in King William-street Freeman attempted a gentleman's pocket, but he did not succeed—Phillips then stepped forward, and lifted the pocket and took a handkerchief out—he wont down a little street—I followed him—he saw me at the corner, threw the handkerchief down,

and ran—I pursued and took him—I came back, and the handkerchief was gone—I went on the bridge and found Freeman—I knew them before by sight, and had seen them together.

Phillips's Defence. Why did he not take me at the time? I was going over London-bridge, and the policeman came and said he thought I was in bad company; I had never seen this lad before; it is not very likely I could throw a handkerchief away without somebody seeing it.


2nd February 1846
Reference Numbert18460202-527
VerdictGuilty > unknown

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527. DANIEL COOPER was indicted for stealing 1 purse, value 6d.; 2 sovereigns, and 4 half-sovereigns; the property of James Freeman, from his person.

JAMES FREEMAN . I am a boot and shoe maker, and live in Hare-court, Aldersgate-street. On the 10th of Jan. I went to the Castle, in King-street, Cheapside, to have refreshment, after being at Guildhall—the prisoner came in there with another man, and after the other man had left him, the prisoner came across and sat by my side—I asked him to drink what I was drinking—he said he would prefer a drop of porter—a friend of mine gave him some—the prisoner then said, "I feel hungry"—I said, "I will give you a slice of bread and cheese"—I gave him a half-crown—he got the bread and cheese and brought me 2s., which he gave me—I put them in my pocket, and my purse was then safe—I had two sovereigns and four half-sovereigns in it—in a quarter of an hour I got up to go away, and missed my purse—the prisoner was then out of the room—I said I had lost my purse, and a young man said, "The man that was by your side took it; I will fetch a policeman"—the prisoner then came in again and sat down—I told him I had lost my purse in that room, and every man should be searched—he said, "Your purse is all right; don't make a row, come with me"—he took me up stairs to the water-closet, undid his trousers, and in his pocket, tied in a knot, was my purse—he gave it me in my hand, and said, "There is your purse, it is all right"—I gave him in charge.

Prisoner. You had lost a purse, and I said I had found one, and I would give it you. Witness. No, you told me not to make a row—the policeman was sent for before you came down.

SAMUEL KING . I was present when the prisoner went up stairs and took the purse and gave it to the prosecutor.

Prisoner. Q. Were you inside the water-closet? A. No—you undid your trowsers, and took the purse from where it was rolled up in the corner of your pocket, with your shirt tail over it.

COURT to JAMES FREEMAN. Q. Had you been to the water-closet after you saw the purse safe? A. No—I had been there an hour before—I am positive when I took the half-crown out to give the prisoner, and he gave me the 2s. back, that the purse was safe—I cannot say I saw him take it, or feel it taken, but when I got up I missed it.

JURY. Q. How long after you put the 2s. in your pocket did you find the purse on the prisoner? A. I think a quarter of an hour—I cannot swear that I did not pull it out when I put in the 2s., but I do not think I did.

GUILTY of Stealing. Aged 26.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-528
VerdictGuilty > pleaded guilty

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528. ROBERT SEARLE was indicted for embezzling 4s. 6d., which he received for his master, George Horlock; to which he pleaded

GUILTY .— Confined Three Days.

(The prosecutor engaged to take him back into his service.)

2nd February 1846
Reference Numbert18460202-529
VerdictGuilty > unknown

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529. GEORGE PALMER was indicted for stealing 1 horse collar, value 5s.; 1 pair of traces, 7s.; 1 pair of hames, 4s.; 1 pair of reins, 3s.; 1 backband, 2s.; and 1 bridle, 3s.; the goods of James Joseph Bardell, his master.

JAMES JOSEPH BARDELL . I live in Steven's-mews, Rathbone-place, and am a stable-keeper—the prisoner was in my service—I lost the articles stated in this indictment, and charged him with stealing them—he said he knew nothing about them, but if I thought he stole them, or knew anything about them, I was at liberty to go home with him as he was going home to breakfast, and to examine his apartment—I went home with him—I found part of the harness there—he said, "There is your breeching, that is part of your harness"—he said, "The whole of this harness belongs to you."

Cross-examined by MR. PAYNM. Q. Was that all he said? A. Yes—a great quantity of harness was there—I should say to the amount of 10l.—he admitted that he stole it at different times—he had been in my service six or seven months.

COURT. Q. But what did he say before? A. He said he knew nothing about the harness, but I could go home with him if I thought proper.

MR. PAYNE. Q. Have you a man named Perry in your service? A. Yes—the prisoner assisted him to put down things in the books—I told the Magistrate that the prisoner said if I suspected him I might go home with him—I said that I found in the second floor back room the breeching and other things, worth about 20l.—I said that the prisoner said, "There is your property, you may do what you like with me; I am tired of my life"—he did not tell me that Perry had let him have the harness—there was 10l. worth of harness, but I have not charged him with stealing more than 20s. worth, because it would very much have distressed me to have had all that harness locked up from me.

(The prisoner received a good character.)

GUILTY . Aged 38.— Confined Four Months.

2nd February 1846
Reference Numbert18460202-530
VerdictGuilty > unknown

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530. MARY SMITH was indicted for stealing two coats, value 40s., the goods of Barnard Smith.

ELIZABETH TARLIN . I live in Trafalgar-place, Bethnal-green. I met with the prisoner—she was in great distress, and I took her in from charity—I sent her, on the 13th of Dec, to Mr. Smith's with two coats, which I had had from her to make—I sent one of my little girls with the prisoner.

ELIZABETH SMITH . I am the wife of Barnard Smith. We live in Leman-street, Whitechapel—on the 13th of Dec. the prisoner came to me from Mrs. Tarlin's—she and the little girl brought two coats—I told them I could not attend to them then, but to come at two o'clock—the prisoner came again at three o'clock—I told her the coats were to go back to be altered—she took them, and said she would take them back—I never saw any more of her till she was at the station—these are the coats.

THOMAS WALDUCK . I am a pawnbroker. I have one coat pawned by a female—this is the duplicate of it.

EDMUND MILLARD . I am a pawnbroker. I have this other coat—it was taken in of a female very much resembling the prisoner—I have the duplicate of it.

STEPHEN SADLER . I am an officer. I took the prisoner—there was nothing found upon her—both these coats were pawned on the 13th of Dec.

ELIZABETH TARLIN re-examined. I never received these coats of the prisoner—I never saw her again till she was taken.

GUILTY . Aged 23.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-531
VerdictGuilty > pleaded guilty

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531. JAMES WATSON was indicted for stealing 2 pairs of boots, value 6s., the goods of Abraham Watson, his master; to which he pleaded

GUILTY . Aged 18.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-532
VerdictGuilty > pleaded guilty

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532. JAMES GODBY was indicted for stealing 1 printed book, value 1s. 6d., the goods of Theophilus Noble: 1 printed book, 12s., the goods of Daniel Dobson: 1 printed book, 3s. 6d., the goods of Christopher Mundie; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 25.— Transported for Seven Years.

2nd February 1846
Reference Numbert18460202-533
VerdictGuilty > pleaded guilty

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533. THOMAS OVERTON was indicted for stealing an order for payment of 16l. 16s., the property of Samuel Morton Peto, his master; to which he pleaded

GUILTY . Aged 20.—Recommended to mercy. Confined One Year.

2nd February 1846
Reference Numbert18460202-534
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Transportation

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534. WILLIAM LAMBERT and JAMES M'CARTHY were indicted for stealing 1 purse, value 1s. 6d.; 2 half-crowns, 12 shillings, 1 6d., 1 groat, and 1 penny, the goods of Louisa Farley, from her person; and that M'Carthy had been before convicted of felony.

LOUISA FARLEY . I live in Church-street, Trinity-square, Southwark. On the 12th of Jan., about one o'clock, I was going from Bridge-street over Blackfriars-bridge—I had, about ten minutes before, 17s. 11d. in a purse in my pocket—there were half-crowns and shillings amongst it—it was an old purse with a silver clasp—on going over the bridge, I felt something at my side, where my purse and money was—I felt in my pocket, and my purse was gone—while I was feeling, a gentleman told me my purse was gone—I saw M'Carthy running across the road from me—I cried, "Stop thief!"—I saw my purse afterwards at the station—this is it—it contains the money I lost.

ISAAC JAMES FRANKLEY . I was coming over Blackfriars-bridge, and saw Lambert take hold of the prosecutrix's gown with his left hand, and take a purse very dexterously from her pocket with his right hand, and give it to his companion, M'Carthy—the prosecutrix was at the moment crossing off the pavement—I said to her, "You are robbed"—she felt, and missed her purse—I am sure Lambert was the person who did it.

Lambert Q. Where was I? A. Very near the City end of the bridge—I did not say I believed it was you took the lady's purse—I said nothing at all to you—I did not touch you—I took care to keep you in view—I did not touch you till I ran after M'Carthy first—I thought he was the better game, as he had got the property—I then went and took Lambert.

WILLIAM NASH . I was with Mr. Frankley—I saw Lambert have something in his hand, and give it to M'Carthy—he turned round, and ran away—the lady said, "I have lost my purse."

Lambert. I never ran away from the lady; I was alongside of you all the time. Witness. You pretended to run in pursuit, and called, "Stop thief," but we kept you in view.

M'Carthy. Q. Did you lose sight of me? A. No—I came up to you, and was by your side when you were taken.

CORNELIUS DONO , (City police-constable, No 367.) I met M'Carthy on my beat, in custody—I took him and searched him, and found this purse on him.

Lambert. I had been out with my mother round the Strand; I was coming home over Blackfriars-bridge; I stopped to look at a show; my mother went away; I misted her; I was going home after her, I do not know this boy, and I was not near the lady.

M'Carthy. I had been to market with my father, and was coming home; a boy ran by me, and dropped the purse; I took it up.

THOMAS TIERNEY (police-constable M 196.) I produce a certificate of M'Carthy's former conviction at this Court by the name of Eugene Keefe—(read Convicted 16th June, 1845, and confined three months)—he is the person—he was tried in the Old Court.

M'Carthy. No, I was tried in this Court. Witness. You were tried in this Court last Oct.

LAMBERT— GUILTY .* Aged 17.— Confined One Year.

M'CARTHY— GUILTY . Aged 17.— Transported for Ten Years.

2nd February 1846
Reference Numbert18460202-535
VerdictNot Guilty > unknown

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535. GEORGE DOUGHARTY was indicted for stealing 11 1/2lbs. weight of coals, value 1 1/2 d., the goods of Richard Goodwin, his master.

MR. HAKE conducted the Prosecution.

THOMAS GOODWIN . I am the son of Richard Goodwin; the prisoner was in his service; my father is proprietor of the Sunderland-wharf, St. Pancenas. On the 9th of Jan. I stopped the prisoner on suspicion, just going out of our wharf gate, with a piece of coal under his wnock-frock—I took him in to my father—he asked my father to let him go—he said no, he should give him in charge of a policeman, which he did—he had about eleven pounds of coal—this is the piece of coal, or it was a piece very much like this—we had such coal on our premises.

Cross-examined by MR. BALLANTINE. Q. How long has he been in your father's service? A. I think six or seven years—there is a stone-wharf adjoining my father's wharf—there is no other coal-wharf within 300 or 400 yards—there is one opposite—this is a sea-borne coal—it is a common coal——I do not know what name to call it—it is either Sunderland or Newcastle—the Magistrate suggested that it would have been better not to have brought this case at all—ray father wished to have a summary conviction—it is not our fault that it is here, it is the fault of the law-makers.

COURT. Q. Could he have gone to the wharf opposite without going out of your premises? A. It is impossible; it is across the road—our premises are walled all round, except at the gate.

MR. BALLANTINE. Q. Could he have got to another wharf? A. No, not unless he jumped into the water, and swam across—there are barges there, but they do not reach half-way across the water.


2nd February 1846
Reference Numbert18460202-536
VerdictGuilty > with recommendation
SentenceNo Punishment > sentence respited

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536. JOHN ROBERT WOOTTON was indicted for stealing 1 watch, value 3l. 10s., the goods of Daniel Angell Barringer.

DANIEL ANOELL BARRINGER . I live at Ruislip. I had a watch on the 17th of Dec—I left it, about eight o'clock in the evening, hanging over the mantelpiece in my sitting-room—I left for about ten minutes—I came home soon after nine, and the watch was gone—I know the prisoner—this is my watch—(looking at it.)

SARAH BARRINGER . I am the wife of Daniel Angell Barringer. I remember his losing this watch—I went that evening to the prisoner's mother's—I saw the prisoner there—I told him of the loss of the watch—he did not say anything.

Cross-examined by MR. PRENDERGAST. Q. You asked him if there were bad characters in the public-house, did you not? A. Yes, and he said no—I knew him very intimately—we had lived next door to him, but did not then—he was often in our house, and I in his.

FRANCIS GOUGH (police-constable T 24.) I went to the prisoner on the 23rd of Jan.—I met him near his father's door—I took him back, and said I had a warrant to search the house—he was then on the other side of the bench—I told him to come round, I must search him—I saw him put his hand into his pocket, and draw it out, and drop something—I went to the spot, and found this watch.

Cross-examined. Q. You have known him some time? A. Yes, about six years—I always thought him honest and industrious—I was applied to on the night the watch was lost, and I went to the prosecutor's house—while I was there the prisoner stepped in, and went out again.

WILLIAM CHEVALIER PHILLIPS . I am a schoolmaster, and live at Ruislip. On the 20th of Jan the prisoner brought me a brass plate, and told me to engrave the "No. 6840" on it—he said it was part of a plane—as soon as he left the room I thought it was part of a watch—I went to the prosecutor, and gave information—this is the brass plate.

(Robert William Flight, a commander in the navy; Charles Collins, and James Godby, a licensed victualler, gave the prisoner a good character.)

GUILTY. Aged 18.—Recommended to mercy by the Jury. Judgment Respited.

2nd February 1846
Reference Numbert18460202-537
VerdictGuilty > unknown

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537. EDWARD ROBERTS was indicted for stealing, at St. Peter Cornhill, 3 coats, value 6l.; 1 pair of trowsers, 1l. 10s.; 1 waistcoat, 1l. 10s.; 2 handkerchiefs, 10s.; and 1 scarf, 10s.; the goods of Daniel Davis Haly Atkins, in the dwelling-house of Robert Johnson; and that he had been before convicted of felony.

ELIZABETH FARLEY . I am servant to Mr. Robert Johnson, of No. 68, Cornhill—it is his dwelling-house, and is in the parish of St. Peter, on Cornhill. I was going up stairs about ten minutes before five o'clock, on the evening of the 20th of Jan.—I saw a shadow of a young man in the bed-room on the fourth story—I knew the person to be too tall for Mr. Atkins—I said, "Is that you, Mr. Daniel?"—no one answered—I then said, "Is that you, Dan?"—the person said, "Yes," but I knew it was not the person I called for—I stood a few minutes, then ran down, and saw Mr. Atkins in the shop—I told him to keep his eye on the door, that no one went out—I told the porter to come up stairs with me, as there was a man there—he came up with me to the kitchen, which is on the second floor, and the prisoner was stooping down at the door, putting the waistcoat, scarf, and handkerchief under the table—I had seen these things safe at three that afternoon.

Cross-examined by MR. BALLANTINE. Q. Did you see the prisoner in the kitchen? A. No, I saw no one in the kitchen—he was on the stairs, just by the kitchen door, where these things were found—that is two stories high from the house door—the house door is in Sun-court—it is a shop below—no other person lives in the house besides my master.

THOMAS WATERS . I am porter in that house. On the 20th of Jan. I was called by Farley—I went up to the kitchen door, and saw the prisoner stooping down, trying to conceal some clothes under the table—I went to the place, and found this waistcoat, shawl, and satin scarf—they are all Mr. Atkins's, and were in Mr. Johnson's house.

DANIEL DAVIS HALY ATKINS . I am assistant to Mr. Johnson. At half-past four o'clock on the 20th of Jan., from information I received, I kept my eye on the door, and no one went out—the prisoner was brought down—I went up to the bed-room, and these articles were gonu—my trowsers were on the bed, and the coats were removed—they had been in the drawers before, and were all taken out and removed—they art my property.

Cross-examined. Q. Is there a Mr. Edwards in the house? A. Yes—he occupies the first floor—my bed-room is on the fourth story.

MR. BALLANTINE to ELIZABETH FARLEY. Q. Are there not offices there? A. Yes—Mr. Edwards's—any person would have a right to go to his place—these things were brought down from the fourth floor to the second.

JOSEPH MABER (City police-constable, No, 513.) I produce a certificate of the prisoner's former conviction at this Court—(read Convicted 15th Sept., 1845, and confined three months)—the prisoner is the person.

GUILTY . Aged 20.— Transported for Ten Years.

NEW COURT.—Wednesday, February 4th, 1846.

Fifth Jury, before Mr. Common Sergeant.

2nd February 1846
Reference Numbert18460202-538
VerdictNot Guilty > unknown

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538. JANE FITZGERALD was indicted for stealing 1 handkerchief, value 3s., the goods of Andrew Eardley, her master.

ANDREW EARDLEY . I am a publican. The prisoner was in my service—I directed her boxes to be searched, and this handkerchief was found—it is mine.

Cross-examined by MR. BALLANTINE. Q. How many boxes were searched? A. I was not there—here is the laundress's mark on this handkerchief—here are some other things marked in the same way—this handkerchief is the only thing in the indictment, but there were other things found in her boxes—she owned to taking gin, and giving it away—there was gin found in her boxes—also cigars and tobacco, but I did not swear to them—she was my servant of all-work, and was so about two months—I said nothing about a sovereign—I asked her permission to search her boxes at the time the policeman searched them—she was admitted to bail.

FREDERICK MARK (police-constable F 73.) I searched the prisoner's boxes—she pointed them out to me—amongst other things I found this handkerchief.

Cross-examined. Q. How many boxes were there? A. Three—there were several articles of wearing apparel in them—she expressed no unwillingness to have them searched—this handkerchief dropped out of a piece of white rag, which was twisted round it, and the end tucked in.

MARY ANN STONE . I washed for the prosecutor. I have examined this handkerchief—I had marked it for Mr. Eardley.

Cross-examined. Q. When did you mark it? A. It was last year—it is marked with "E.," for Eardley, in black cotton—I cannot say when I had it in my possession—I worked for Mr. Eardley during the summer, and up to Sept.—I sent this home in a basket, not in a rag.


2nd February 1846
Reference Numbert18460202-539
VerdictGuilty > with recommendation

Related Material

539. JOHN BEST was indicted for stealing 10lbs. weight of metal, value 4s., the goods of John Kelk, his master.—2nd COUNT, stating it to be 10lbs. weight of solder.

MR. BALLANTINE conducted the Prosecution.

JOHN HARLING . I live at No. 7, Gillingham-street, and am clerk to Mr. John Kelk, a builder. He has works going on in King-street, St. James's-square—I had to give the plumber orders for what he wanted—his name is Watling—neither he nor the prisoner, who was in my master's employ, had any right to bring away lead, or anything else from the office without an order—on the 15th of Jan. I saw the prisoner come down from the plumber's

shop at my master's—he appeared to have something in his jacket pocket—I called after him, and asked what he had got in his pocket—he said a bar of metal, which he had booked—I brought him back to the office—he threw the metal down, and begged to be forgiven, and said that the plumber had told him to take it—he had no right to take it without an order—I looked into the book, and it was not entered—it was solder.

Cross-examined by MR. PAYNE?. Q. Whose duty was it to enter it? A. Mine or my fellow clerk's—my fellow clerk was then in the yard—there was nobody at that time in the office where it ought to have been entered—I believe the prisoner is very deaf—when I called after him he was some distance, and might not hear me—he was told by Watling, the plumber, that he was called—Watling has the management of those persons who are under him—if the plumber had an order for two things, he might tell a man under him to carry one of them without the man saying to him, "Show me the order."

MR. BALLANTINE. Q. Watling is the plumber? A. Yes—the prisoner must have an order of his own, or the plumber have one—the prisoner had been three or four months in our service—on the Saturday previous to this he came from a job without an order, and we turned him back, and he came on the Monday with an order.

JOHN EDWARDS . I am foreman to Mr. Kelk, at his works in King-street, St. James's-square. On the morning of the 15th of Jan., I sent Watling to the premises in Gillingham-street for lead—I sent the prisoner to assist him—I did not give the prisoner orders to remove or to bring anything away—Watling had no order to bring any solder—I did not want any.

Cross-examined. Q. You had sent the plumber for lead? A. Yes, before the prisoner came; and then, when the prisoner came to work I sent him after Watling to assist him—the prisoner is deaf.

CHARLES WATLING . I am a plumber, in the employ of Mr. Kelk. I had to go to Gillingham-street that morning for lead—I took the order from the foreman—I had no occasion for any solder—we took the solder the day before—I did not give the prisoner any order to fetch solder—he said he misunderstood me—I did not know of his taking it—I was 200 yards from the premises when he took it—I had left the premises after I had cut out the lead—I had to cut up the lead and bring it away—that had been finished—the prisoner knew my job was with lead—he had no business whatever with that solder—it is not usual with workmen carrying away lead or solder to put it in their jacket pocket—I have been in the trade about six years.

Cross-examined. Q. When he was called back he was coming after you, was not he? A. Yes, he had very nearly got up to me—he was called after and went back directly—he is very deaf—he has misunderstood me frequently, and made mistakes in consequence.

MR. BALLANTINE. Q. Has he often gone off with lead in his jacket pocket? A. No.

(The prisoner received a good character.)

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

2nd February 1846
Reference Numbert18460202-540
VerdictGuilty > unknown

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540. GEORGE MORRIS was indicted for stealing 1 handkerchief, value 3s., the goods of Charles Gosling, from his person; and that he had been before convicted of felony.

CHARLES GOSLING . I live in Wilmott-street, Brunswick-square. On the evening of Jan. 25th I was going up Holborn-hill, and felt something behind—I turned round and saw the prisoner—I said, "What did your hand do in my

pocket?"—he said, "The boy hat run down Holborn"—he then went off, and threw down my handkerchief in the middle of the road—I ran, a cry was raised, and he was taken—this is my handkerchief.

Prisoner. Q. Was I behind you or before you? A. You were directly close to me, and said the boy ran down Holborn.

Prisoner. I saw the handkerchief on the ground; I took it up and crossed over; he called "Stop thief!" and I threw it down.

WILLIAM TICKNELL (City police-constable, No, 290.) I produce a certificate of the prisoner's former conviction, at this Court—(read Convicted on 15th of Sept., 1845, and confined three months)—I knew him before and since then, always with thieves.

GUILTY . Aged 17.— Transported for Ten Years.

2nd February 1846
Reference Numbert18460202-541
VerdictNot Guilty > unknown

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541. GEORGE BREWER was indicted for stealing 1 sovereign, the money of William Sporn.

WILLIAM SPORN . I am potman at the Drummond Arms. On the evening of the 10th of Jan. I gave the prisoner a sovereign to take a pair of trowsers and a waistcoat out of pawn, at Mr. Redpath's, in Seymour-street—he said he would run for me directly, and bring the change back—he did not come back with the sovereign or the articles—I went to the pawnbroker's, and found the articles there."


2nd February 1846
Reference Numbert18460202-542
VerdictGuilty > unknown

Related Material

542. GEORGE BREWER was again indicted for stealing 23 shillings, and 1 groat, the monies of Thomas Locock, his master.

HENRY LOCOCK . I live at No. 126, Drummond-street—my father's name is Thomas Locock—he is a newsman—I have employed the prisoner to go and purchase newspapers—on Monday morning, the 12th of Jan., the prisoner was standing by the railway, and said, "Do you want anybody to go down in the City"—I gave him 1l. 3s. 4d. to go and fetch seventy-two Times from the City—he ought to have come back by six o'clock that morning—he did not come—I did not see him till he was in custody.

Cross-examined by MR. PAYNE. Q. How long have you known him? A. About two years—he had fetched papers about ten times before for us—I saw him again on the Wednesday after the Monday on which I gave him the money—it was my father's money—I did not ask why he did not bring the papers.

WILLIAM SCOFFIELD (police-constable G 135.) I took the prisoner—I told him it was on two charges, for stealing a sovereign and 1l. 3s. 4d.—he first said, "I know nothing at all about it"—he afterwards said, "When I got it I made it fly pretty quickly."

Cross-examined. Q. Where did you take him? A. In a tobacco shop in Seymour-street, where they harbour low characters all night—he is not servant there—he said he knew nothing at all about it—on the road to the station he said there were others who ought to have been in custody as well as him, who helped to spend the money—he told me when once he got the money he made it fly, without my asking him any questions—he did not tell me that he found his pocket was torn in his way to the office, and he missed some of the money, and was ashamed to return.

HENRY LOCOCK re-examined. Q. What were you to give him for fetching these papers? A. I told him before he went that I should give him a 1s.—I always gave him a 1s.

(The prisoner received a good character.)

GUILTY . Aged 21.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-543
VerdictGuilty > pleaded guilty

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543. HENRY GIBBS was indicted for embezzling 11l. 8s.—22l., and 16l., which he received on account of James Smith and another, his masters; to which he pleaded

GUILTY . Aged 40.—Recommended to mercy. Confined One Year.

2nd February 1846
Reference Numbert18460202-544
VerdictGuilty > pleaded guilty

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544. SARAH LONG was indicted for stealing 2 pairs of boots, value 9s.; the goods of William Thomas Messent; to which he pleaded

GUILTY . Aged 17.— Confined Four Months.

2nd February 1846
Reference Numbert18460202-545
VerdictGuilty > pleaded guilty

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545. JOSEPH WHALE was indicted for embezzling 1l. 11s. 6d.—2l. 2s., and 3l. 3s., which he received as servant to John Webb and others; to which he pleaded

GUILTY . Aged 30.— Confined One Year.

2nd February 1846
Reference Numbert18460202-546
VerdictGuilty > pleaded guilty

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546. WILLIAM M'FARLANE was indicted for stealing 8lbs. of cheese, value 10s., the goods of Thomas Brown, his master; to which he pleaded

GUILTY . Aged 50.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-547
VerdictGuilty > pleaded guilty

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547. CHARLES WALTER FORD was indicted for embezzling 5 shillings, which he received for Jeremiah Rotherham, his master; to which he pleaded

GUILTY . Aged 19.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-548
VerdictGuilty > pleaded guilty

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548. RICHARD ORWOOD was indicted for stealing 80lbs. weight of leather, value 2l., the goods of John William Learmouth, his master; to which he pleaded

GUILTY . Aged 53.— Confined Four Months.

2nd February 1846
Reference Numbert18460202-549
VerdictGuilty > pleaded guilty

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549. WILLIAM CASRA was indicted for stealing 2 knives, value 8d.; the goods of George Joseph Tanton, his master; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 18.— Confined One Year.

2nd February 1846
Reference Numbert18460202-550
VerdictGuilty > pleaded guilty

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550. EDWARD COOKE was indicted for stealing 1 teapot, value 12s.; 1 coffee-pot, 12s.; 6 knives, 15s.; and 6 forks, 15s.; the goods of William Samuel Burton his master; to which he pleaded

GUILTY . Aged 23.— Confined Nine Months.

2nd February 1846
Reference Numbert18460202-551
VerdictGuilty > pleaded guilty

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551. JOHN PAYNE was indicted for stealing 10 silk covers for parasols, value 1l. 12s.; the goods of David Samuels and another, his masters; to which he pleaded

GUILTY . Aged 18.— Confined Four Months.

2nd February 1846
Reference Numbert18460202-552
VerdictGuilty > pleaded guilty

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552. HENRY BARNES was indicted for unlawfully selling obscene books and prints; to which he pleaded

GUILTY .— Confined Six Months.

2nd February 1846
Reference Numbert18460202-553
VerdictNot Guilty > unknown

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553. ANN SHEEN was indicted for stealing 1 yard of silk, value 1s. 6d.; and 1 sovereign; the property of John Nathan, her master.

JOHN NATHAN . I am a wholesale clothier, and live at Nos. 9 and 10, Ebenezer-square, Houndsditch—the prisoner was my servant—I lost a sovereign—my wife spoke to the prisoner about it—she denied it, and I sent for the policeman—the prisoner pretended to look about the carpet, she then produced the sovereign, and said she had found it there—the policeman arrived—I then gave her into custody—she was searched and this remnant of silk found—it is mine.

JAMES SAXON (City police-constable, No. 642.) I took the prisoner—she had this silk in her pocket, she took it out and placed it under her arm.

(The prisoner put in a written defence, stating that she had found the silk in sweeping the room.)


2nd February 1846
Reference Numbert18460202-554
VerdictGuilty > pleaded guilty

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554. JANE SULLIVAN was indicted for stealing 1 shift, value 1s. 6d.; 1 pair of stockings, 6d.; 1 petticoat, 2s.; 1 pair of drawers, 2s.; and 1 tablecloth, 3s.; the goods of William Gregory, her master; to which she pleaded

GUILTY . Aged 25.— Confined Four Months.

2nd February 1846
Reference Numbert18460202-555
VerdictGuilty > unknown

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555. JAMES DENNIS was indicted for stealing 88lbs. weight of sugar, value 2l.; the goods of Thomas Bayley; and that he had been before convicted of felony.

MR. PRENDERGAST conducted the Prosecution

THOMAS DODDERIDGE . I am a foreman at the London Docks. On the 23rd of Dec. I delivered a hogshead of sugar to Mr. Bayley's wagon, it was marked A S with a D underneath, and No. 4.

Cross-examined by MR. PAYNE. Q. Are you speaking from any marks on the cask, or from the book? A. From the mark on the cask—I can recollect without examining the book what the marks were.

MR. PRENDERGAST. Q. Can you give us the weight of it? A. Here is the document that was delivered with my filling up, and my signature—the weight was 17cwt. 20lbs., it went from the scale, not out of my sight into the wagon directly—it was between one and two o'clock.

MR. PAYNE. Q. What do you call this document? A. A weight note—it has my signature to it—I saw the hogshead weighed—here is the mark, A S, and a D under it—this note was given to the wagoner, for him to take with the hogshead—I saw the hogshead weighed, and took down the weight on this note.

WILLIAM WHITTAKER . I was in Mr. Thomas Bayley's employ—on the 23rd of Dec. a person named Dennis received directions to fetch a hogshead of sugar from the docks to Mr. Bayley's—he went about twelve o'clock—the sugar ought to have come direct from the London Dock to Cannon-street—Old Montague-street is quite out of the way—the prisoner had been in our employ a short time before, and was dismissed—I understand that he is the brother of the man who drove the wagon, but the prisoner gave a different name to us—on the 23rd of Dec. the hogshead of sugar was brought to us, late in the day, by the policeman—it weighed 16cwt. lqr. 16lb., which was a deficiency of 3qrs. and 4lbs.—there was a bag of sugar brought to our ware-house afterwards, which weighed 3qrs. 4lbs.—that would exactly make up the deficiency—it was exactly the same sort of sugar as was in the hogshead.

Cross-examined. Q. Did you cause the wagon and hogshead to be taken to Travers's, in Swithin's-lane? A. Yes—I did not empty it—the hogshead was weighed with the sugar in it—we have nothing to do with the weight of the hogshead—I only speak of the gross weight.

MR. PRENDERGAST. Q. Had you any other hogshead come from the Docks that day? A. None.

WILLIAM CHILD . I am beadle of Trinity-square—on the 23rd of Dec. I was in Old Montague-street, Whitechapel—I saw Mr. Bayley's wagon going along that street—a man named Dennis had charge of it—I knew him—he is the prisoner's brother—the wagon passed a public-house, and then Edward Dennis, the wagoner, got into the wagon, took off a bag of sugar, and put it on the prisoner's back—the prisoner had been walking by the side of his brother's

horse—the prisoner went one way with the bag of sugar, and the other went on with the wagon—I sent a person after the wagon, and I went after the prisoner—I said, "What have you got here?"—he threw it down, and said, "For God's sake, don't take any notice of it; forgive me this time, or I shall be ruined"—he then took hold of me, and began to talk about some silk—I took him into custody—the wagon was taken to the station—it was afterwards taken to Mr. Bayley's premises—I took the bag of sugar up—it was taken to Worship-street, and afterwards to Mr. Bayley's—I compared the sugar in the bag with that in the hogshead—they were exactly the same, for anything I could see—I weighed the bag of sugar myself—it was 3qrs. and 4lbs.—I saw the hogshead weighed—it was just that quantity deficient, to half a pound—the man who was with the wagon ran off—I have been on the look-out for him.

Cross-examined. Q. Who went after the wagoner? A. Clark—I weighed the sugar at a corn-chandler's shop, opposite Worship-street Police-court—I allowed 4lbs. for the bag—that was about the right weight.

JOHN CLARK . I saw the bag of sugar taken out of the wagon, and put on the prisoner's shoulder—I saw the prisoner drop it when Child seized him—I went after the wagoner—he made his escape, and I took charge of the wagon.

CHARLES WALLER (City police-inspector.) I produce a certificate of the prisoner's former conviction—(read—Convicted the 22nd of August, 1842, and confined six months)—the prisoner is the person.

GUILTY . Aged 31.— Transported for Ten Years.

NEW COURT.—Thursday, February 5th, 1846.

Eighth Jury, before Mr. Recorder.

2nd February 1846
Reference Numbert18460202-556
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

Related Material

556. PHEBE RICHARDS was indicted for stealing 1 handkerchief, value 2s.; the goods of John Pares: 1 writing-desk, 10s.; the goods of Benjamin Willoughby: 1 brooch, 4s.; the goods of William Clarkson: 1 neckchain, 4s. 6d.; the goods of Emily Mary Beaver: and 2 handkerchiefs, 2s. 3d.; the goods of Eliza Spink.

MR. CLARKSON conducted the Prosecution.

JOHN PARES . I keep the Barley Mow, in Salisbury-square—On the 15th of Dec., about six or seven o'clock in the evening, the prisoner applied for accommodation—she came with luggage, and presented the appearance of a respectable person—she was allowed to have the use of the bar parlour, which would enable her to be separate from the other persons in the house—a Mr. Clarkson was a visitor at my house at that time and subsequently—a person came to see the prisoner after she was there—I went into Yorkshire, and returned on the Saturday following, which was on the 20th of Dec.—the gentleman who visited the prisoner was in the habit of coming to the house up to the 19th of Jan.—I never observed any impropriety on the subject of his visits—on the 20th of Jan. the prisoner said in my presence that she expected her sister from South Petherton, in Somersetshire, to come up by the Great Western Railway that evening—(she had told me when she came to my house that she was from South Petherton)—I was not aware at that time that she had sent her things away that morning—she gave directions that a bed should be provided for her sister, and the fire kept in the commercial room, as no doubt she would be cold on her arrival—I am not aware that tea was ordered for her—she said she expected her sister by the half-past nine train that

evening—I was not present when the prisoner left—I received a letter from her the next day, addressed to my wife—this is the letter—she never came back—a gentleman named Willoughby was staying in my establishment—there had been several things missed on my premises, and amongst other things, Mr. Willoughby missed a writing-case on the morning of the 21st of Jan., after the prisoner had left—I saw nothing more of the prisoner till she was in custody—in consequence of information I acquired, I went with the officer to where the prisoner was lodging, to No. 1, Eliza-place, or terrace, Whitmore-road, Hox ton—we got there about nine o'clock in the evening of the 21st of Jan., and the prisoner had left my house on the evening of the 20th—she had been taken into custody in Aldermanbury, before we got to the lodging—we found at the lodging the snap belonging to the inside of Mr. Willoughby's writing-desk—it was attached to a piece of leather—it was shown to Mr. Willoughby, and identified by him—there was a handkerchief afterwards found, which belongs to my wife—I cannot swear to it.

Cross-examined by MR. BALLANTINE. Q. Had you a person named Allen in your house at the time? A. Yes—he is a linen-draper at Portsea—he is now in London, but not at my house—I believe he is somewhere in Hackney-road—I never observed any communication between him and the prisoner—I have ascertained that the prisoner came from South Petherton.

BENJAMIN WILLOUGHBY . I am a patent hinge manufacturer, living at Birmingham. I frequent Mr. Pares' house—I arrived there on Sunday, the 18th of Jan.—I had a writing-case with me—I left it on Tuesday afternoon, the 20th, on the sideboard of the commercial-room—it was an old frame that I had had repaired, and covered with imitation Russia leather—it was secured by what I understood to be an imitation Bramah lock—it had inside a portfolio, or large pocket-book, and many papers which were of importance to me—the portfolio fastened with a snap, or clasp, and was made of black leather, in imitation of morocco, as I presume—I left the case on the sideboard about three o'clock in the afternoon, and missed it the following morning at breakfast time, about nine o'clock—the officer afterwards showed me this clasp—it is the clasp of my inside leather case, or pocket-book—I have the key of my writing-case, but I have never found the lock—I know this clasp because when I first had it there was a little difficulty in opening it, but by using it it became easier—I know it, and it corresponds with a part which has since been found—I have since seen a piece of a hinge—this is it—it exactly fits to the place where this hinge would have been on this case—this is the outside of my travelling writing-case—I can swear to it by several marks about the leather—I have no doubt whatever that this is the outside of my writing-case.

JOHN PARES re-examined. The prisoner had access to the commercial-room.

ALEXANDER SANDERSON (Citypolice-constable, No. 106.) I took the prisoner on Wednesday evening, the 21st of Jan., at the door of a respectable tradesman in Fountain-court, Aldermanbury—I told her I wanted her on suspicion of stealing a scarf-shawl, a ring, and other things—I afterwards went to her lodging at No. 1, Eliza-terrace, Hoxton.

SUSANNAH BURCHAM . I am the wife of William Burcham, No. 1, Eliza-terrace, Whitmore-road, Hoxton. On Wednesday, the 14th of Jan., a person came to my house with a friend of my husband's to take an apartment—in consequence of what that person said, I expected a lady to come and take the lodging—the prisoner came and engaged the apartment on the Tuesday following the 20th of Jan., about ten o'clock in the morning—she left her luggage, and came in the evening, about eight o'clock, and took possession of the

lodging—(my place is about two miles from Salisbury-square)—in the course of the same evening I went in to see if she wanted anything, and after I left her for the night I heard a continual stirring of the fire, and the next morning I observed a great many ashes of burnt paper in the grate—in the course of the following day, while she was out, I observed a piece of leather, like Russia leather, partially behind the sofa pillow—it appeared to have been torn with violence—I remember her coming in that evening, and going out again—I never saw that piece of leather again after she went out—shortly before she went out she asked me for a pen and ink, which I gave her—I do not know her handwriting—I saw a gold chain, or an apparently gold chain, lying on the cheffonier that morning—it had long burnished links attached with smaller ones—I had seen a Victorine in the room.

ELIZA SPINK . I am bar-maid to Mr. Pares. I lost some handkerchiefs—this is one of mine, and this other belongs to Mrs. Pares—I know the prisoner's handwriting—I have seen her write—I believe this letter to be her writing—(read)—"My dear Mrs. Pares,—Being so late before my arrival last night, we slept at my sister's, in Aldermanbury, as I was thinking you would not expect us. I will call upon you some day in the week. I am yours most respectfully, PHEBE RICHARDS."

ALEXANDER SANDERSON re-examined. I went to No. 1, Eliza-terrace, Whitmore-road, Hoxton, with Mr. Pares, on the evening of the 21st of Jan.—under the looking-glass, on a chest of drawers, in the bed-room occupied by the prisoner, I found this brooch.

JANE CLARKSON . This is my brooch, which I lost while I was staying on a visit at Mr. Pares'.

Cross-examined. Q. Were you in the habit of lending things to the prisoner? A. No, never—if she had asked me I might have lent to her—I slept with her—I do not know that we ever used one another's things—I took her to be a respectable person—I never lent her this brooch, and she never asked me to lend it her.

ALEXANDER SANDERSON re-examined. I found in one of the prisoner's boxes this handkerchief marked "E. Pares"—the handkerchief which has been identified by Spinks was found by Mrs. Burcham on the bed—I found this clasp, with this portion of torn leather, the next morning, and in the ashes under the grate part of the lining and the nails of the travelling writing-case—they have been applied to the case, and I have no doubt in my own mind that they belonged to it—I produce this part of the writing-case—it was found by Charles Miller at the coffee-shop in Hosier-lane.

CHARLES MILLER . I am waiter at Mrs. Colliford's coffee-house, in Hosier-lane. On Tuesday, the 20th of Jan., about ten o'clock at night, I was shutting up the shop, and found this part of a writing-case behind the door leading to the coffee-room—I gave it to my mistress.

MARY ANN COWDERY . I am the wife of Charles Cowdery—I live at my sister's, Mrs. Colliford's, in Hosier-lane. I saw the prisoner in the coffee-room on the 20th or 21st of Jan., I cannot tell which—it was between three and five o'clock—she was served with a cup of coffee—she was there from an hour to an hour and a half—no one joined her—she came and went away alone—I had no acquaintance with her—I know where this writing-desk was found—she must have passed that place—she had a cloak on.

ARTHUR THOMAS KILBY (City police-constable, No. 351.) I went with Sanderson to the prisoner's lodgings—I found this chain in a drawer in the bed-room which was occupied by the prisoner, in Eliza-terrace, Hoxton—I was shown her boxes, and in one of them I found this half handkerchief.

EMILY MARY BEAVER . I live at No. 167, Southwark Bridge-road, with my father and mother. A few months ago I was staying at the Barley Mow—I had a mosaic gold chain there—I left it there casually about four or five months ago—this is the chain.

ELIZA SPINK . I had charge of this chain, which Miss Beaver left when she went away. I kept it in a work-box in my bed-room—I had seen it on the Sunday before the prisoner left.

GUILTY. Aged 24.— Judgment Respited.

MR. CLARKSON stated there was other property missing to the amount of 30l. or 40l.

2nd February 1846
Reference Numbert18460202-557
VerdictGuilty > unknown

Related Material

557. RICHARD COOK was indicted for bigamy.

MESSRS. CLARKSON and DOANE conducted the Prosecution.

SARAH HAYNES . I am sextoness of St. Michael's church, Bristol. I was so in the year 1825—I produce the register of marriages for that year, (read, certifying that Richard Cook, batchehr, and Sophia Thomas, of the parish of St. Pancras, in the county of Middlesex, spinster, were married by license on the 20th of May, 1825, by William Knight, rector, in the presence of Sarah Quested and Sarah Haynes.)—I know that a marriage between two persons of these names took place at that time—I do not know the persons—it is a common occurrence with us—I was the witness to this.

Cross-examined by MR. PRENDERGAST. Q. You do not remember any marriage taking place? A. Yes, I do, sir—I am not the registrar of the parish—Messrs. Osborn and Ward were the registrars at that time—I have the keys of the iron chest in which the registers are kept—the rector wrote this—he then lived at the rectory-house, and all the keys belonging to the church were left with me—I keep them for him and under his direction—I have no personal recollection of any marriage on that day.

COURT. Q. Did you ever put your name to a marriage that did not take place in your presence? A. Never—I bring this register out of the iron chest in St. Michael's church—I took it out myself in the rector's presence—I keep the keys—the memorandum in the margin of this license is the writing of Mr. Wright, the rector—he was the rector then and is so now, and has been ever since 1816.

JOHN WILLIAM WOOD . I live in Priory-road, Wands worth-road. I know Mrs. Cook—her name before she was married was Sophia Ann Thomas—I married her eldest sister Mary—I knew Mrs. Cook I think eight or nine years before she was married—she usually went by the name of Sophia only—I always called her so and all her friends called her so—I know the prisoner—while I was courting my wife I was in the habit of seeing him there frequently, in Judd-street, in the parish of St. Pancras—that was in the beginning of 1824—I continued to see him there till I married in April, 1825—after my marriage I saw him and the person who once went by the name of Sophia Thomas—they were then living together as man and wife—I think the last time I saw Mrs. Cook was in Sept last—I have not seen the prisoner write, but I have received letters from him and have acted on those letters as coming from him—I have seen him afterwards on those letters—this signature in this register is his handwriting.

Cross-examined. Q. What do you mean by acting upon those letters? A. I think I replied to one letter he wrote to me—I have had about four letters altogether—I have not talked to him about them when I saw him—I have seen him after the receipt of his letters—I think the letters have not been the subject of conversation on any occasion—in the last letter he asked

me to go down and dine with him in the neighbourhood of Claremont—I wrote him an answer and declined it.

COURT. Q. Have you had any communication with him on the matters contained in any of those letters? A. No, I think not—his letters to me were respecting Mrs. Cooke, and I handed those letters over to her, but I did not reply—Mrs. Cooke, the prisoner's wife, was at that time in Sloane-street.

MR. DOANE. Q. Are you acquainted with Mrs. Cooke's handwriting? A. Yes—this name Sophia Thomas in this register is her writing I am sure—I think the last time I saw the prisoner and his wife in company was in the spring of 1844—I think that was the last time I saw them together.

MR. PRENDERGAST. Q. His wife was called frequently Sophia? A. Yes—I knew her name was Sophia Ann, and so did all her relatives—my name is John William Wood—they generally call me John.

COURT. Q. Was she in the habit of writing her name Sophia? A. Yes, I have seen her write it so.

MR. PRENDERGAST. Q. Have you seen her write "Sophia Ann?" A. I think not—I cannot recollect it—I saw the prisoner and her together when they called at where I now reside—they remained with me perhaps half an hour—I had seen them from time to time before that—she was called Mrs. Cooke—she was not called by the name of Alvinza—I believe she went away from him, not very early after the marriage—there was a child born, and some little time after she left him—she did not go by the name of Alvinza at that time—she has been known by that name within the last year or two—the other names she has gone by have been Thomas and Cooke—I do not know that she has gone by the name of Thomas since her marriage—I have not heard of it—she has not gone by the name of Winthorp—she has a daughter—I do not know that her daughter has gone by the name of Alvinza—I never knew her called so—she is seventeen or eighteen years old—I do not know that she writes her name Alvinza—I never received a letter from her—Sophia Thomas is now in France—my wife has received letters from her from France—she has frequently called at my house before 1844, but I think I had never seen the prisoner with her then—she is now learning music—I do not know that she is entered at a school by the name of Alvinza.

MR. DOANE. Q. Do you know, of your own knowledge, why Mrs. Cook took the name of Alvinza? A. She never told me—I believe she assumed that name in France.

WILLIAM ROBERT ELLIS . I live in Park-place Villas, Maida-hill; I know the prisoner; I know Miss Hannah Mary Chapman. I was at the parish church of Norwood, in Middlesex, on Monday, the 26th of Aug. last, when a marriage was solemnized with her and the prisoner—I am a barrister—I received a letter from the prisoner—I wrote to him in answer to it—I can positively swear that this is the letter—it is signed by the prisoner—this letter contains a proposition to settle on Miss Chapman 916l. 3s. 6d. and one-third of two shares on the Barnsby Canal—when the proposal of marriage with Miss Chapman was made, Lady Ellis stated he should have 500l. with her—she said she would give 250l., and she could answer that her father would give 250l.—this letter was written after that—I paid the prisoner either 85l. or 100l. a few days previous to the marriage—I believe he received altogether 250l., but I cannot speak to my own knowledge.

Cross-examined. Q. You have never seen the prisoner write? A. Yes, I saw him execute the settlement—I saw him write once in a formal stiff hand—I can swear, to the best of my belief, that this is his handwriting, because I have had conversation with him on the subject of this

deed—(letter read)—"Southall Park, Aug. 12, 1845. My dear Sir,—I thank you for your kind offers of assistance in any matters relative to your dear cousin and myself. There is one little affair in which you can most essentially serve me, and I am sure you will not refuse. When I first addressed dear Mary, I assure you it was not with the most remote wish or thought, that with her I should receive one sixpence fortune; however, from Lady Ellis's kindness and consideration this will not be the case; and as I do not like to be altogether thought insensible of appreciating her ladyship's liberality, and also as I wish to provide in the best way I can, although but a humble one, for dear Mary's future comfort, will you, but I know you will, give me your opinion upon the following proposal. Under the will of her mother, my late wife was entitled to 916l. 3s. 6d., (I think the shillings are right, I know the pounds are,) payable on he death of her father, now sixty-eight, and also to one-third share of two shares in the Barnsby Canal, (present price each 280l.) This of course is mine at the death of Mr. Armstrong. I propose that you would draw out a deed expressive that the above properties should be placed in the hands of trustees, (I submit that yourself and Mr. Henry Wood should be named, if you both will undertake the office,) the interest for our mutual benefit daring our lives, and, at the death of us both, that the principal should be divided equally amongst as many children as may be living. I should also wish that a clause should be inserted, saying, that upon the consent of myself and dear Mary, and the two trustees, that it shall be possible to give up to us 500l. of the sum—I will just explain my reason for this wish. As far as we can see at present, prosperity is with us in the world, but God only knows what is in store for us; it may be that hereafter misfortunes may occur, and I think that with that sum at our command we could, by perseverance and industry, perhaps redeem our lost position. Now, will you candidly tell me, have I put my wish in a manner likely to suit the interests of dear Mary? any suggestion from you to alter the plan, believe me, I will receive most thankfully; my only object is to make a provision against possible, though, I trust, not probable adversity. One favour in addition I have to ask, your perfect silence on the subject. I have not as yet told Lady Ellis; I may or may not, but to dear Mary I mean it to be an unexpected marriage-gift, when I place the deed in her hands on our return from church. If you will let me know how much the stamps will cost I will send or call with the amount; the sum altogether will be nearly 1100l.; not much of a settlement, you will say, but my only excuse is that it is the best I can do. Perhaps you will be good enough to let us hear from you in a day or two, at your convenience. I mentioned to Lady Ellis that I was about writing to you, and she desired me to say that little Willy is very well and happy, and has expressed his intention of going with her ladyship to chapel on Sunday. I fear my long letter must have tired you; so, with every wish and prayer for the health and happiness of yourself and family, request you to believe me most faithfully yours, RICHARD COOKE."

Witness. In consequence of this letter, I prepared this settlement, and it was executed by the prisoner—I believe the signature to this marriage register to be his handwriting—I believe the signature "Richard Cooke," to this letter, to be his handwriting.

Cross-examined. Q. You would hardly venture to speak to this handwriting? A. I have not a doubt of its being his handwriting.

GEORGE WYTHE DANIELS . I am a surgeon, and live at Southall Park—that is an establishment now carried on by Lady Ellis, and was formerly by Sir William Ellis—the prisoner was in my service there for some time—he came in the early part of 1845, and was with me some months—during that

time I had occasion to become acquainted with his handwriting—I was an attesting witness to this deed—I saw the parties sign this deed—I believe this signature, "Richard Cooke," to this register of a marriage, is the prisoner's handwriting—I believe the signature to this letter to be his handwriting—(letter read)—"21st March, 1844. Dear Sir,—I yesterday addressed a letter to your son, with proposals to bring to a close our present unfortunate situation; and my object in writing to you now is, that you will kindly lend us your assistance towards the accomplishment of such a desirable event. You will perhaps think it rather a bold request on my part after the letters I have addressed to you, but I trust that you will in your goodness forgive the part, as I assure you that nothing but downright starvation staring us in the face could have prompted me to such a measure on my part. I am willing to repeat any apology you may suggest, or sign any one you may require. I will inform you the terms on which I rely on your interference and favour in our behalf. I have written to Mr. C. Armstrong, begging that he will not prevent Bessy raising 200l. upon her reversionary interest, at your decease. The manner in which I propose expending it is as follows: 150l. in the purchase of a business, which I can complete under most favourable circumstances, at Cobham, in Surrey; 50l. to be paid to your son, which he advanced us since the disposal to him of Mrs. Buosseto's legacy; and the remainder to purchase whatever stock may be wanting, and necessaries attending our removal. In return for this, I propose that Bessy shall settle the whole of the remainder of her property, both in possession, or which hereafter she may be possessed of, to heir or heirs, and you in trust for the benefit. The day after this deed it signed I will marry Bessy, and then I trust an end to all our troubles. The business at Cobham is a most excellent one, and the purchase-money includes shop fixtures, a bottle stock (not very large,) and a good portion (one sitting and two bed-rooms full) of household furniture. The 200l. I propose paying off at the rate of 50l. per annum, so that in four years we shall be free. The rent is only 26l., a good house, shop with every convenience for business, and no opposition, with 2,300 inhabitants, with my attention and qualification for business, I think I can appeal with confidence even to you—as to my success in Bath, it will prove what my assiduity and patience effected. You may say, on reading this letter, if my intentions are honourable, why not marry Bessy before this settlement is made? I will tell you—owing to my insolvency, were I to do so, my former creditors could claim every sixpence of Bessy's property in liquidation of their debts, to the amount of 3,600l. This I am sure you will see with me is best avoided. Now, sir, that I have pointed out to you the bright side of our prospects, I will state the dark side. To rescue us from our late distressed and dreadful condition we are determined to do something. If your son refuses his sanction to the mortgage, Mr. Binns has a purchaser for the whole of the reversion, with all its faults, for 466l.; and, with a full knowledge of the consequences, Bessy will sell it. In every money transaction with you and your son I have taken from Bessy a written consent and authority for the act, indemnifying me from all consequences. We have laid the whole case before counsel, and are aware that if you and your son can prove that you were not aware of our living together unmarried, we are liable to be indicted; but the greatest punishment that would be awarded would he six or twelve months'imprisonment. Now, sir, this, for the sake of hereafter providing for ourselves and poor children (three and another coming) we are prepared to undergo: you can only punish us once, and then Mrs. Bousfield's legacy will also be Bessy's. Now, sir, I implore you to pause before you consign your child and me to a dungeon, and my poor old mother and the poor children to a workhouse. For your child's

welfare I am sure I need not plead, as her affection for you has ever been in the extreme, and her love for you even now greater than for any one on earth. As to myself, I believe I was not mistaken when I reckoned upon you as my best friend, with your son, and I was only sorry that I could not do more to prove my gratitude than lay in my power. We throw ourselves upon your and your son's power; and may the Almighty God incline you to be merciful towards us. If not, do not think that we shall shrink from our purpose—we shall not, for imprisonment will be far, far better than the penury and wretchedness we have suffered the last eighteen months. In case your son should not believe my statements, I have sent him the agreement for the sale of the business to me, and the authority sent to Bessy by Mr. Binns for the sale of the reversion. In conclusion, let me beg and pray of you to grant us your interference and favour; and in the hope that you will write to me by return of post, I am, dear Sir, yours, &c, R. COOKE. Bessy desires her kind love to you and Mrs. Armstrong." Addressed to Mr. Armstrong.

(The marriage settlement was here read, by which the prisoner proposed to convey to trustees, for the benefit of Hannah Mary Chapman, his intended wife, and their children, 916l. 3s. 6d., which he was entitled to under the will of Dorothy Armstrong; also one-third of two shares in the Barnsby Canal.)

JAMES CHILD . I am an artist, and live in Bedford-street, Covent-garden. I have known the prisoner about twenty, or twenty-one years ago—I think it must be before his marriage—he came for a picture of himself and a lady who was with him—I know the lady—I have frequently seen her since—the last time I saw her was the last week in Sept., or the beginning of Oct., 1845—I think she was first introduced to me as Miss Thomas, and I always knew her afterwards as Mrs. Cooke—I dined with her last year, in a lodging-house at No. 8, Cecil-street, with her sister and her daughter.

Cross-examined. Q. She was not living with the prisoner? A. No—I have known her by the name of Cooke—she was living by the name of Alvinza, in Cecil-street—I think I have known her by Chat name two years—I think not three years—I never knew a Mr. Alvinza—I saw Mrs. Cook in Sept.—I have not seen the prisoner in her company since they quitted me in 1825 or 1826—I have seen Mrs. Cooke many times since—I think for eight years I never saw her at all—I understood she was abroad—I have generally seen her at my house, and once I called on her in Sloane-street—she was living there in the name of Alvinza, and her daughter was called Miss Alvinza—I have known her by that name.

MR. CLARKSON. Q. Did you know Mrs. Cooke by the name of Alvinza except from her own representation? A. No—from all I know of her, I have every reason to believe her to be a person of the most perfect respectability—she told me she went by the name of Alvinza.

COURT. Q. Did she give you any reason for taking that name? A. That she was in some measure intimidated by Mr. Cooke.

CHARLES EDWARD ARMSTRONG . I have a daughter named Elizabeth—she had property to the amount of 916l., and she has it still by the will of her grandmother—my wife's name is Dorothy—my daughter was never married to the prisoner—she is still alive.

CHRISTOPHER RICHARD PALMER . I am a solicitor, and live at Ware, in Hertfordshire. In 1844 I knew Mrs. Cook, who was Miss Thomas—in consequence of seeing her, I was afterwards in communication with the prisoner—a separation by deed was alluded to, and his marriage was alluded to incidentally—he mentioned that he had been married at St. Michael's, Bristol; and I think the year was mentioned, but I am not certain—1825, I think—I know the prisoner's writing intimately, from the communications I have

received I have no doubt whatever that the signatures in this marriage register of "Richard Cooke and Sophia Thomas," are the writing of the prisoner and Mrs. Cooke—the first communication made to me was in Feb., 1844—I did not see the prisoner subsequent to Feb. or March, but I saw Mrs. Cooke through the rest of the year.

COURT. Q. Did you communicate with him? A. Not with him—I had corresponded with his solicitor.

MR. CLARKSON. Q. Did you procure a copy of the register of marriage at Norwood, in Aug., last year? A. Yes—I examined the copy with the register—Richard Cooke is described as a widower.

GUILTY . Aged 41.— Transported for Seven Years.

2nd February 1846
Reference Numbert18460202-558
VerdictGuilty > lesser offence

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558. WILLIAM WILKINS was indicted for stealing 1 clock, value 6l., the goods of Mary Ann Donnelly, in her dwelling-house.

PATRICK JENNINGS (police-constable D 123.) I was on duty in Devonshire-street, Portland-place, on Sunday night, the lllh of Jan., at a quarter before six o'clock—I met the prisoner with this clock—I asked where he took it from—he said it was given him by a man in Portland-place—I said, "Who was the man?"—he said he did not know—I asked where he was going to take it—he would not tell me—I took him to the station, and on the way he said he took it from No. 52, Charlotte-street—I went there, and there was nothing missing—I went to No. 51, and found the clock was claimed there—I found this chisel, and these keys on the prisoner.

Cross-examined by MR. PARRY. Q. How was he carrying the clock? A. In his arms—he had something over it, which I think was the coat he has on—anybody could see it was a clock.

CAROLINE COBLEY . I was servant to Mrs. Jane Grantley, at No. 51, Charlotte-street. On the 11th of Jan. the prisoner brought this note, which was sealed, and desired me to go and give it to my mistress, and said he was to wait for an answer—I went up stairs, and left him in the passage—there was a clock on the first floor staircase—on my return, the street-door was open, and the prisoner was gone—I did not miss the clock till the policeman came—the clock was then gone from the place it should have occupied.

MARY ANN DONNELLY . I live at No. 51, Charlotte-street, Portland-place—I am single. This clock is mine—it was in the drawing-room staircase—it is worth 6l. or 7l.—it was in order, and was going—my attention was called to it by the officer coming—Jane Grantley lived in the house, but she left two days after this occurrence—I did not receive this note.

Cross-examined. Q. Do you know all about this note? A. No, nothing but what the servant told me—I know it was a letter from a person who has called on Mrs. Grantley.

MR. PARRY to CAROLINE COBLEY. Q. Did you not get half-a-crown from Mrs. Grantley? A. Yes—I was to get it changed at the public-house—I took the change up to her, and was coming down with 1s. to give to the messenger who brought the note, and he was gone—there was no dispute about the property in the house—there was no other person living in the house—Mr. Bond used to call on Mrs. Grantley—I have not heard him ask her for this clock—I know Mrs. Donnelly—I have never seen her husband.

MR. PARRY to MARY ANN DONNELLY. Q. Are you not married? A. No—on my oath, my name is Donnelly—I am an Irishwoman—I have never gone by any other name—I have kept that house five or six years—the clock cost 6l. or 7l.—it was bought for me.

(The prisoner received a good character.)

GUILTY of stealing under the value of 5l. Aged 22.—Recommended to mercy by the Prosecutrix. Confined Six Months.

2nd February 1846
Reference Numbert18460202-559
VerdictGuilty > pleaded guilty

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559. AMY HAZEL was indicted for stealing 1 pint of rum, value 10d.; 1 pint of gin, 10d.; 14 pence, and 17 halfpence; the property of James Howell, her master; to which she pleaded

GUILTY . Aged 27.— Confined One Year.

2nd February 1846
Reference Numbert18460202-560
VerdictGuilty > unknown

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560. MARY DALEY was indicted for stealing 1 cloak, value 1l., the goods of William Paul; and that she had been before convicted of felony.

MARY PAUL . I am the wife of William Parl. We lodge at No. 1, Great Chesterfield-street, Marylebone—the prisoner came tome on the 30th of Jan., as if sent to me—she came in the name of Mrs. Potter, and said she was sweeper at a chapel, that her sister was in her confinement, in great distress, and she wished me to get her a box of linen—I said I could not do that—she named Mrs. Cox and Mrs. Fielder, that I used to do needle-work for—I knew them to be very good people, and thought she must be a good woman—she asked me to lend her 8d., and I lent her 1s.—she then said she was very faint, and asked for a glass of water, which I gave her, and half a glass of gin in it—she then threw her arms round my neck, with a view, I thought, of taking my snuff-box—I put her aside, and said I did not like to be touched by a woman—she then asked me to lend her another shilling; which I did—she got up to go down, and I said, "Do not go without a light"—she snatched my cloak off a line and went down with it—I said, "What have you got?"—she said, "Only a petticoat"—I called, "Stop that woman! she has got my cloak"—she got out—I gave an alarm, and the policeman took her with the cloak upon her, at eleven o'clock.

Prisoner. I went to your apartment; you told me to sit down aside you; I asked you for the shilling, and asked you for a little cold water, and you went and brought a black bottle to the table, and poured out of it. Witness. No, I gave you half a glass of gin, and compassion induced me to give it you—I took my snuff-box and gave you a pinch, but I saw your manceuvre to take it from me.

Prisoner. I asked you for the loan of a shawl to go to my sister's; you said you had no shawl, but you had a cloak you could spare till the next morning, when I could return the 2s.; you told me to go home, as you expected your husband. Witness. I gave you the 2s. for your poor sister—I did not lend the cloak—I did not tell you to go—I told you to go to a chair which I pointed to.

CHARLES HALL (police-sergeant D 9.) I received information that the cloak had been stolen—I found the prisoner at the Jolly Bakers, in Little Chesterfield-street, with this cloak upon her back—I asked her where she got it from—she said, "Why stole it, to be sure; where do you think?"—I took her to the station with great difficulty—it took three of us to take her there—she said she would not go—at the station she said Mrs. Paul lent her the cloak.

Prisoner. You caught hold of my arm, and trod upon my gown, and tore it off my back; I told you I would walk quietly, but you called for assistance. Witness. She threw herself down upon her back, and said she would see me b—before she would go.

MARY PAUL re-examined. This is my cloak—it is in a terrible state;—she had rolled in the mud with it.

Prisoner's Defence. I had plenty of time to make away with the cloak, instead of going to the next street, within thirty doors of the place, and stopping till twelve o'clock at night.

RICHARD COMPTON (police-constable D 87.) I produce a certificate of the prisoner's former conviction at this Court—(read Convicted the 21st of Oct.,

1844, by the name of Mary Wood, and confined one month)—the prisoner is the person.

GUILTY .*— Confined One Year.

NEW COURT.—Friday, February 6th, 1846.

Fifth Jury, before Mr. Recorder.

2nd February 1846
Reference Numbert18460202-561a
VerdictGuilty > pleaded guilty

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561a. ALEXANDER INGRAM was indicted for stealing 1 coat, value 4s.; 1 waistcoat, 1s.; 1 pair of trowsers, 1s.; 2 pairs of shoes, 4s.; the goods of Robert Ingram; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 11.— Confined One Year.

2nd February 1846
Reference Numbert18460202-562
VerdictGuilty > pleaded guilty

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562. THOMAS COMBER was indicted for embezzling 2l. 13s. 3d., which he received for his master, Samuel Davis; to which he pleaded

GUILTY . Aged 28.— Confined Six Months.

(The prisoner received a good character.)

2nd February 1846
Reference Numbert18460202-563
VerdictGuilty > pleaded guilty

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563. HANNAH FRANCES JONES was indicted for stealing 1 spoon, value 10s.; 1 table-cloth, 9s.; and 1 apron, 1s.; the goods of John Harper, her master; to which she pleaded

GUILTY . Aged 18.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-564
VerdictGuilty > pleaded guilty

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564. WILLIAM GRINSTEAD was indicted for stealing 1 half-crown, the monies of Samuel Phipps, his master; to which he pleaded

GUILTY . Aged 14.— Confined Fourteen Days.

(The prisoner received a good character, and a witness engaged to take him as an apprentice.)

2nd February 1846
Reference Numbert18460202-565
VerdictGuilty > pleaded guilty

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565. MARY ANN GEARY was indicted for stealing 2 shawls, value 1l.; and 1 bonnet, 5s.; the goods of Bridget Cannon, from her person; and that she had been twice before convicted of felony; to which she pleaded

GUILTY . Aged 19.— Transported for Seven Years.

2nd February 1846
Reference Numbert18460202-566
VerdictGuilty > pleaded guilty

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566. JOHN GORFIN was indicted for stealing 1 measure, value 2s. 6d., the goods of Charles Bunkell, his master; to which he pleaded

GUILTY .— Confined Fourteen Days.

(The prosecutor engaged to try him again.)

2nd February 1846
Reference Numbert18460202-567
VerdictsGuilty > pleaded guilty

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567. ANN CONDON was indicted for stealing 1 tea-caddy, value 1s.; and 2 medals, 1s.; the goods of Margaret Brown : also 1 coat, 1l. 15s.; 1 waistcoat, 13s.; 1 stock, 5s.; 1 frock, 4s.; 1 shift, 2s.; and 1 drinking-glass, 6d.; the goods of Henry Lumley; and that she had been before convicted of felony; to which he pleaded

GUILTY . Aged 17.— Transported for Seven Years.

2nd February 1846
Reference Numbert18460202-568
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Imprisonment

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568. WILLIAM HENDERSON and WILLIAM ADRON were indicted for stealing 21lbs. of cheese, value 10s. 6d., and 43/4lbs. weight of bacon, 2s. 4d.; the goods of John Gerrard; and that Henderson had been before convicted of felony; to which

HENDERSON pleaded GUILTY . Aged 15.— Confined Nine Months.

ADRON pleaded GUILTY . Aged 12.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-569
VerdictGuilty > pleaded guilty

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569. ANN TROTMAN was indicted for stealing 1 1/2lbs. weight of bacon, value 10d., the goods of Thomas Hardy; to which she pleaded

GUILTY . Aged 22.— Confined Seven Days.

2nd February 1846
Reference Numbert18460202-570
VerdictGuilty > pleaded guilty

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570. PETER JOHNSON was indicted for stealing 1 jacket, value 25s.; 1 pair of trowsers, 3s.; 1 waistcoat, 2s.; and 1 pair of shoes, 2s. 6d.; the goods of Matthew Doxford: 1 jacket, 1l. 8s.; 1 waistcoat, 9s.; 1 pair of trowsers, 6s.; 1 cap, 2s.; and 2 handkerchiefs 6d.; the goods of George Storer: 1 pair of boots, 1l.; the goods of Charles Norris: and 1 cap, 1s.; the goods of John Stubbs; in a vessel on a navigable canal; to which he pleaded

GUILTY .— Confined Nine Month.

2nd February 1846
Reference Numbert18460202-571
VerdictNot Guilty > unknown

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571. JANE MOLLOY was indicted for unlawfully uttering counterfeit coin.


2nd February 1846
Reference Numbert18460202-572
VerdictGuilty > unknown

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572. HENRY BROWN was indicted for a like offence.

MESSRS. ELLIS and DOANE conducted the Prosecution.

WIILIAM JOSEPH BOLLOM . I am a general dealer, and live in Little Chester-street, Pimlico. On Sunday evening, the 1st of Feb., the prisoner carne to my shop about six o'clock, for a pennyworth of tobacco, and gave me a sixpence—I saw it was bad—I put it between my teeth, and broke it in two pieces—I chuched them into the fire, and thought they were melted, but the policeman came and I found the two pieces—the prisoner said he had no more money about him but a halfpenny, and asked if I could make a halfpenny worths—I said "No," and he went away—I gave the pieces of the sixpence to the policeman.

Prisoner. He is mistaken in the person, I was not there. Witness. I had never seen him before, but I could swear to him amongst thousands—I saw him again the next day, he was dressed the same, but had a black handkerchief on tied in a different way.

ROBERT M'KENZIE (police sergeant B 5.) I was called by Mr. Bollom—he gave me these two pieces of a sixpence, and marked them in my presence—he accompanied me to the police-office—the prisoner was brought out with five or six others, and he identified him.

EDWARD DOWN KIMPTON . I am a baker and live in Upper Eaton-street, Pimlico. I saw the prisoner in my shop on the 1st of Feb., he asked for a 3d. loaf—I gave him one—he said, "Is this 3d.?"—I said, "As it is yesterday's you shall have it for 2 1/2 d."—he gave me a sixpence—I saw immediately that it was bad—I walked round the counter and locked the door—I kept the 6d. in my hand, and when the policeman came I gave the prisoner into custody—I told the prisoner it was bad, he said he did not know it—if I would allow him, he would pay me in good money for it—I marked the 6d. and gave it to the constable.

COURT. Q. Where do you live? A. Not five minutes walk from Mr. Bollom's—it was not seven o'clock when the prisoner was with me—there are several public-houses near me—the prisoner said the 6d. was given him to get some bread, at the public-house at the top of the street, but that is a ginshop—there is no place there for him to sit down.

JAMES BREEN (police-constable B 91.) I went to Mr. Kimpton's shop on the 1st of Feb.—I found the prisoner and took him into custody—I got this bad sixpence from Mr. Kimpton—I found 4 1/2 d. on the prisoner, and when we got to the station he gave me a 1d. more.

MR. JOHN FIELD . I am inspector of coin to the Royal Mint—this sixpence is counterfeit—these two parts of the other sixpence are also counter, feit, and they appear to me to have been both cast in the same mould.

Prisoner's Defence. I was sent by a young man for a 3d. loaf; Mr. Kimpton put the sixpence into his pocket; I told him a young man gave it me at the public-house at the corner, and if he would go I would show him the person; when I got to the station M'Kenzie, who has known me from a child, said I was well known, and had been in custody repeatedly, and I was never in custody in my life.

GUILTY . Aged 19.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-573
VerdictGuilty > unknown

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573. HENRY HACKETT was indicted for a like offence.

MESSR. ELLIS and DOANE conducted the Prosecution.

ARTHUR RADY HILL . I am shopman to Mr. Burton, a leather-cutter in Old-street, St. Luke's—the prisoner came there on the 15th of Jan. for a pair of welts, for shoes, which came to 1 1/2 d.—he tendered a half-crown, my hands were greasy, and I laid it on the side of the till, and when he was gone I put it to my teeth and found it was bad—on the 21st the prisoner came again for two balls of hemp and an awl, they came to 2 1/2 d. he gave me another bad half-crown—I came round the counter and told him he had been there before that—it was the second bad half-crown he had given me, and I would give him into custody—he said if it was bad he took it at the pork-butcher's close by, (there are two or three pork-butchers by there)—I sent for the officer, and gave him the two half-crowns.

Prisoner. Q. When did you give the first to the officer? A. I gave him both at the same time—I could not leave the shop at the time, it was full of customers.

CHARLES BROADBRIDGE (police-constable G 86.) I was sent for to Mr. Burton's shop in Old-street, and took the prisoner—I received these two half-crowns from Hill—I found on the prisoner two good half-crowns and two penny pieces.

MR. JOHN FIELD . These half-crowns arc both counterfeit, and I believe both cast in the same mould.

Prisoner's Defence. I never was in the shop the first time, I certainly was the last time; I was taken to the station; the officer brought one half-crown with him, the other was not produced till the Saturday; I was in a public-house close by, and a man who is a shoemaker, a lame man, who walks with a stick, sent me for the things the last time.

COURT to A. R. HILL. Q. Did you disfigure these half-crowns in this way; how do you think it possible that the jury should know in what state they were uttered; had you any doubt about their being bad? A. I had rather, when I first took the first one—I did not know whether it was bad or not.

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

2nd February 1846
Reference Numbert18460202-574
VerdictGuilty > with recommendation

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574. WILLIAM DAVIS was indicted for unlawfully having counterfeit coin in his possession.

MESSRS. ELLIS and DOANE conducted the Prosecution.

JOHN JONES (police-constable T 31.) On the 2nd of Jan. I was in the Rose and Crown public house, at Hammersmith—I could see from there down the Cornwall-road—it is directly opposite the window—I saw the prisoner in company with another boy and a girl—I saw both the girl and boy exchange something with the prisoner—I went to them, but only succeeded in taking the prisoner—the other two ran away—directly I laid hold of the

prisoner, he took a piece of blue paper which contained a bad half-crown and two bad shillings, out of his right hand pocket, and threw it into a garden—I took him in the garden, and picked up the paper which contained this counterfeit money—it was quite wrapped up, so that I did not know what it contained till I opened it—I took him down the Cornwall-road again, to the public house, where I expected to meet another officer—in taking him back, he tried to get something out of his right hand waistcoat pocket—I searched him—I found on him another counterfeit shilling—this is it—I have kept it distinct from the others—he said it was a very bad job, and he had got a mother at home, who was very ill.

Prisoner. I did not throw the paper away; you took me in the garden, and searched about, and picked up the paper; you took me to the public house, and in bringing me back you put your hand into my right hand pocket, and took out the shilling; you charged me with stealing spoons.

Witness. Yes, I did—I thought they had been committing a felony in some of the areas.

HENRY HAWKINS . I am a labourer, and live at Brook-green—I was passing the Cornwall-road on the 2nd of Jan., about ten minutes after two—I saw the officer search the prisoner, and pull from his pocket a shilling, supposed to be counterfeit.

Prisoner. The officer said to you, "Joe, I put a shilling into his pocket, a bad one," and you said, "I see different to that;" he said, "You come down to the station and say that, and I will see you well paid for it." Witness. No, I saw the officer search you—he put you against the wall, and took this shilling from your pocket.

MR. JOHN FIELD . This half-crown and the three shillings are all counterfeit—they are electro-plated, and look very well.

(Samuel Kent, a coffee-house keeper, in whose service the prisoner had been, gave him a good character, and engaged to employ him again.)

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

2nd February 1846
Reference Numbert18460202-574a
VerdictGuilty > pleaded guilty
SentenceImprisonment; Miscellaneous > sureties

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574a. WILLIAM BAKER was indicted for unlawfully publishing obscene books and prints; to which he pleaded

GUILTY .— Confined One Year , and to enter into his own recognizances of 100l. for five years.

2nd February 1846
Reference Numbert18460202-575
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Imprisonment

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575. ALEXANDER BOLTON and HANNAH WILLIAMS were indicted for stealing one handkerchief, value 1s., the goods of William Brann, from his person; to which

BOLTON pleaded GUILTY . Aged 28.— Confined Six Months.

JOHN DAVIS (City police-constable, No. 551.) At half-past three o'clock in the morning on the 3rd of Feb. I went into the Angel public-house, in the Minories—I saw both the prisoners there, drinking—I saw Bolton pick Brann's pocket of this handkerchief, which he gave to Williams—she was in the act of going out—I stopped her, and took it from her.

WILLIAM BRANN . I am a waiter at the Continental Hotel, in Leadenhall-street—I went into the Angel for some refreshment—the officer spoke to me, and I missed my handkerchief—this is it, and the one I lost.

Williams. I did not know whose handkerchief it was; I was very tipsy.

JOHN DAVIS re-examined. She was standing close to Bolton, and covered him while he took the handkerchief—she is always drunk, but she knew perfectly well what she was about.

WILLIAMS— GUILTY . Aged 30.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-576
VerdictGuilty > unknown

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576. WILLIAM SCOTT was indicted for embezzlement.

ISAAC PHILLIPS . I live in Charlotte-street, Blackfriars—I am a scaleboard cutter and a lucifer-match manufacturer—the prisoner was in my service, and had 18s. a-week—it was part of his duty to collect debts, and to pay the money over to me—I had a customer named David Smith—he owed me a balance of 2l.—I directed the prisoner to apply for it on the 4th of Nov.—he never accounted to me for any part of it.

Prisoner. I received 10s., and mentioned it to Mr. Phillips's representative; he discharged me; I was too late on Saturday night to see him; on Monday morning I went, and he compounded matters; I was to pay by instalments; he has got a man now who was with me when I had the money, and he promised to pay the two first half-crowns in; I did not take any notice of it, as I was out of work a few weeks, and then I continued it till I was apprehended.

Witness. By my representative, he means a young man I have—the prisoner came home to my premises in a very drunken state—I taxed him about this—he acknowledged having received 10s., and I discharged him—I afterwards sent for him, and told him I intended to prosecute him, unless he paid the money—he left, and I did not see him again.

MARY ANN SMITH . I am the wife of David Smith, a hat-box manufacturer—I owed Mr. Phillips 2l.—I paid the prisoner 10s. of that on the 4th of Nov.—this is the bill he signed his name to.

Prisoner. I deny that she paid that to me; she paid me once before.

Witness. Yes, I did pay twice, on the Saturday before, and on the 4th of Nov. 10s.—I paid it myself.

ROBERT CROXFORD (police-constable o 207.) I took the prisoner—he owned on the way to the station, that he had received the money of Mrs. Smith, and spent it with a friend.

GUILTY . Aged 40.— Confined Six Weeks.

2nd February 1846
Reference Numbert18460202-577
VerdictGuilty > unknown

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577. HENRY GILL was indicted for stealing 24lbs. weight of mutton, value 10s., of John Thomas.

WILLIAM PARKER (City police-constable, No. 257.) On the morning of the 3rd of Feb. I was in Long-lane, Smithfield—I saw the prisoner and another person coming towards me—he had some meat under his arm—he saw me and turned round—I followed him—he threw down the meat and ran—I ran about a quarter of a mile after him and stopped him—I did not lose sight of him—I received the meat of a coffee-house keeper who lives in John-street.

HENRY WHITE . I was employed on the 3rd of Feb. by Mr. Thomas, to carry four quarters of mutton to his cart in Paternoster-row—I left it there—I saw the mutton the officer had—I could not swear that that was part of what I carried.

JOHN THOMAS . I am a butcher, and live in Drury-lane—I looked at the two quarters of mutton produced by the officer—they were what I bought—they were cut in a particular way, and I knew them—I picked them out of fourteen or sixteen pairs—they were two that I had given to White to carry—they were taken out of my cart in Paternoster-row—the mutton has been eaten, but I could swear to it, and it weighed exactly the right weight, 24lbs.—it was Scotch mutton—I bought it because it was lean.

Prisoner's Defence. I was asked to carry it, and I offered to carry it for 6d. to Cow-cross, for the young man; I turned and saw him run; the policeman was coming; I threw the meat down and ran too.

GUILTY . Aged 17.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-578
VerdictGuilty > with recommendation; Guilty > with recommendation
SentenceImprisonment; Imprisonment

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578. GEORGE BELL and JOHN TISWELL were indicted for stealing 274lbs. weight of lead, value 2l. 14s. 6d., the goods of Moses Maskell and another, their master and mistress.

MR. DOANE conducted the Prosecution

MOSES MASKELL . I am in partnership with Mrs. Emma Stone, who is a widow—we are plumbers, in Chichester-rents, Chancery-lane—Tiswell was in our service—he had 36s. a week—he was foreman—I put all trust in him—I do not reside on the premises—it was Tiswell's duty to account for the money received in the business, to me or to Mrs. Stone—I have seen the lead produced—there were no orders to take any lead to Great New-street—it is Tiswell's duty to enter every order in the book—I have not the book here—I have a memorandum which Tiswell made—it is merely of wages—I found the lead in question quite corresponded with some we had on our premises—when lead is cut from the mass by any person in the business he would strike his line and cut it by it—the lead which was produced did not appear to be cut in a regular, way—it was cut zigzag—when I put that and the mass together they corresponded exactly—I found five or six hundred weight of lead deficient in our stock.

Cross-examined by MR. CLARKSON. Q. How often are you on the premises? A. Two or three times a week—I took stock on the following Monday—Tiswell has borne a good character—I put every confidence in him, as a father to look after the children.

Cross-examined by MR. BALLANTINE. Q. And, I suppose, what is more important, to look after the business? A. Yes.

COURT. Q. What do you mean by saying "like a father?" A. To look after six small children of Mrs. Stone's—he had to hire the servants, and to pay them—he paid the men just as he thought they worked—Bell had been employed by us six or seven months—we have to do work at some considerable distance—Bell has to take lead to the work according to the orders given him by Tiswell.

ALEXANDER SANDERSON (City police-constable, No. 106.) On Saturday evening, Jan. 3, about half-past five o'clock, I saw Bell in New-street-square, with a heavy roll of lead on his shoulder—I stopped him, and asked him where he was going to take it—he said, "I am going to take it there," pointing to No. 29, Newstreet-square—I asked where there—he said, "To Mr. Bell"—I asked where he brought it from—he said it was right enough, and for our satisfaction he would take us to his master's—another officer joined me, and we went to No. 12, Chichester-rents, where the prosecutor's shop is—before we got quite up to the shop Bell remarked, "Here is our shop," and when we got to the shop he pointed to Tiswell and said, "There is my master"—he called him up to him, and said he had been stopped by two policemen—I said we had stopped him, as we were aware there was a great quantity of lead stolen, and that we had now come round to ascertain whether or no his statement was correct—Tiswell remarked that it was right enough; that it was sent down to Mr. Bell's to be worked up on Monday morning—I asked if he was that party's master—he said he was—I asked him if he had entrusted him with the lead—he said he had—he then asked us back to a small room at the further end of the shop—when we were got into that, I remarked that if it was right we did not want anything more, but that it appeared to me to be a private house where the lead was going to, and asked for what purpose the lead was taken there—after hesitating a little while, he remarked to me that he declined to answer that question—I do not think there was a blind to the shop window—when we were coming away I said

they might probably hear more about it—the name of "Stone" was on a pane of glass in the window, and Tiswell said, "There is my name"—I asked how long he had been in business there—he said, "About nine years"—we let Bell go, and followed him—he took the lead to No. 29, New-street-square—in consequence of information we went to that house the same evening, and in the front room on the first floor, we found the same lead—we brought it away—we took Tiswell into custody about twenty minutes past eleven o'clock the same night—he asked for what I was wanting him—I remarked, for disposing of property which was not his own, and I believe I remarked "lead" to him—as we were proceeding to the station he remarked that Mr. Maskell, in looking over the papers or the books (I am not sure which) would see it was not so bad as he thought it to be—when we got to the station he was questioned by the station-sergeant, who had a pen in his hand, but I do not believe he wrote down the questions he put to the prisoner—he asked him how he came to represent himself to be master of the place—he replied, "To save" or "screen the man."

JOSEPH DALTON (City police-constable, No. 366.) I was on duty in New-street, and saw a man carrying a quantity of lead to the house No. 29, New-street square—soon afterwards I saw Bell going in a direction towards the same house—I stopped him, and asked where he got the lead from which he was carrying, and told him I had seen another lot go into the same house—he said, "Don't be in a hurry, it is all right; I brought it from my master's, in Chichester-rents"—we left the lead in custody, and went to Tiswell's—when we got within a yard or two of the door Bell said, "Here master, these policemen stopped me with this lead"—Tiswell said, "It is all right, walk this way"—he was asked for what purpose the lead was gone to Bell's—he said, "I don't think I have a right to answer that question"—when we got against the door he said, "There is my name, wont that do? my name is Stone"—the question was put how long he had been in business—he said, "Nine years"—we went back, and saw Bell take the lead into No. 29, New-street-square—Bell lives there—we searched the house, and found the lead in the room—I have compared it with the prosecutor's lead, and it corresponds.

Cross-examined by MR. CLARKSON. Q. Did Tiswell point to the window? A. He did—I think the uam was "E. Stone"—I will swear there was not Stone and Company—he said his name was Stone.

THOMAS WOODRUFF (City police-inspector.) On the 12th of Jan. Bell surrendered himself to my charge—I asked him when he saw Tiswell last, and I said, "You have no occasion to answer me any question unless you think proper"—he then said he met Tiswell on Saturday night in Dean-street, and Tiswell said, "Bell, this is a bad job"—Bell made a reply, "What do you mean?"—Tiswell said, "Respecting the lead, the officers have found it out; you had better get away! the officers are after you."

Cross-examined by MR. BALLANTINE. Q. He came to the station and surrendered? A. No, I met him at a public-house in company with Mr. Maskell.

EMMA STONE . I am in partnership with Mr. Maskell—the name written on the window is "J. Stone," nothing more than that—I remember the Saturday of this supposed robbery—I did not see Tiswell on that night—I had seen him on the 31st of Dec., and he had half-a-sovereign of me—I did not see him again till the present time—he had not communicated to me any order for any lead for New-street-square—I have a book here which is in Tiswell's writing—here is no entry of the 3rd of Jan.—he did not pay me any money on that day or afterwards.

(The prisoners received good characters.)

BELL— GUILTY . Aged 23.—Recommended to mercy by the Prosecutor and Jury. Confined Six Months.

TISWELL— GUILTY . Aged 36.—Recommended to mercy by the Jury.— Confined Eighteen Months.

NEW COURT.—Saturday, February 7th, 1846.

Seventh Jury, before Mr. Common Sergeant.

2nd February 1846
Reference Numbert18460202-579
VerdictGuilty > pleaded guilty

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579. THOMAS GANGE THORN was indicted for embezzling 2l. 2s. 2l. 2s., and 2l. 12s.; the monies of Edward Facon Watson, his master; to which he pleaded

GUILTY .— Confined Three Months.

2nd February 1846
Reference Numbert18460202-580
VerdictGuilty > pleaded guilty

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580. JOHANNA BROWN was indicted for stealing 1 cloak, value 15s., the goods of Elizabeth Fagan, her mistress; to which she pleaded

GUILTY . Aged 19.— Confined Ten Days.

2nd February 1846
Reference Numbert18460202-581
VerdictGuilty > pleaded guilty

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581. GEORGE BOULTER was indicted for embezzling 1s., the money of Thomas Wise, his master; to which he pleaded

GUILTY . Aged 15.— Confined Four Months

2nd February 1846
Reference Numbert18460202-582
VerdictGuilty > pleaded guilty

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582. WILLIAM CLARK was indicted for stealing 3 sheets, value 7s., 6d., the goods of William Morton; to which he pleaded

GUILTY .— Confined Three Months.

2nd February 1846
Reference Numbert18460202-583
VerdictsGuilty > pleaded guilty

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583. EMMA ELWALL was indicted for stealing, on the 26th of Dec., 19 pairs of stays, value 6l.; and on the 26th of Jan., 5 pairs of stays, 14s.; the goods of Thomas Flower, her master; to both which she pleaded

GUILTY .— Confined Six Months.

2nd February 1846
Reference Numbert18460202-584
VerdictGuilty > unknown

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584. GEORGE MARTIN was indicted for stealing 20 yards of woollen cloth, value 14s., the goods of Joseph Haynes.

MR. HUDDLESTON conducted the Prosecution.

JOSEPH HAYNES . I am a woollen-factor, and live in Aldermanbury—the prisoner was in my service for five years—he left at the end of Aug.—I saw Mr. Buckley, my traveller, take a sample of cloth from my warehouse—on the 13th of Jan. I looked for that piece of cloth and missed it—I had the prisoner taken into custody—he said he was about the premises, in a passage leading to my warehouse, on the 19th of Nov.—I saw some pieces of cloth produced by the pawnbroker before the Magistrate—they were pieces of the cloth I missed—I compared them with the sample my traveller had—I have not the slightest doubt they are part of that cloth—here is one piece I can say most distinctly is part of what I missed.

Prisoner. Q. I wish to know how you can identify it? A. By the pattern which I have, and by the quality of the cloth—my cloth exactly corresponds with this.

FRANCIS WILSON . I am a pawnbroker, and live in Hackney-road-crescent—these pieces of cloth were pawned on the 2nd of Jan, by the prisoner for 14s.—I am sure he is the person.

Prisoner's Defence. I left Mr. Haynes' employ, but have been in the habit of calling on him, and surely they would see me take a piece of cloth; it is a difficult thing to carry out.

GUILTY . Aged 18.— Confined One War.

2nd February 1846
Reference Numbert18460202-585
VerdictGuilty > unknown

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585. JAMES HENDERSON was indicted for stealing the copper door of a boiler, value 10s. the goods of William Law Wood.

WILLIAM LAW WOOD . I live at No. 62, Gracechurch-street, and am an ironmonger—I had the copper door of a boiler safe last Wednesday morning—I did not miss it till I was told of it—this is it.

WILLIAM NORTON (City police-constable, No. 572.) I found this door is the prisoner's possession last Wednesday evening in this bag.

Prisoner. I did it through distress.

GUILTY .— Confined Nine Months.

2nd February 1846
Reference Numbert18460202-586
VerdictGuilty > with recommendation

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586. ANN FRY was indicted for stealing 1 shilling, the money of Job Allen, her master.

MR. DOANE conducted the Prosecution.

JOHN ALLEN . I keep the Golden Lion in Cannon-street-road—the prisoner was my bar-maid, and had been so for six weeks—I marked twenty shillings, and gave sixteen of them to Mr. Alger on Monday, the 26th of Jan., to send somebody to buy some goods—I sat in the parlour—I knew when Mr. Alger was going to send, but I did not see the persons come—a pint of brandy and a pint of gin come to 5s.—I examined the till that afternoon, and missed 1s., and again in the evening, and missed 1s.—the prisoner was left serving in the bar—I gave her into custody next morning—the policeman asked her to open her box, and I found in it one of the shillings I had marked and given to Mr. Alger—she was charged with the offence—she denied it first, and afterwards owned that part of the silver found in her box was mine, and begged I would be merciful—that was after I had identified the shilling.

Cross-examined by MR. BALLANTINE. Q. Was anybody present when she said part of the silver was yours? A. Yes, the policeman was.

RICHARD ALGER . On Monday, the 26th of Jan., I received sixteen marked shillings from Mr. Allen—I have no doubt this is one of them—I gave them to my boy, Ran ford, and gave him certain instructions.

MR. BALLANTINE to MR. ALLEN. Q. On which part is this shilling marked? A. I stamped it on the side commonly called the woman's side, with a hammer and nail—there were ten marked in this way—I can swear to this mark—the prisoner went on her knees, said I had a child of my own, and begged for mercy.

(The prisoner received a good character, and her mother engaged to take her home.)

GUILTY . Aged 23.—Recommended to mercy by the Prosecutor and Jury. Confined Six Days.

2nd February 1846
Reference Numbert18460202-587
VerdictNot Guilty > unknown

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587. THOMAS PARRACK was indicted for embezzling 1 half-crown, the monies of Samuel Gibbons, his master.

SAMUEL GIBBONS . I am a coach proprietor, and live in Little Drummond-street, Euston-square. The prisoner was in my service on the 14th of Jan.—I authorized him to receive half-a-crown of Mr. Newell—he ought to have paid it me the same night—I asked him at night if he had received it—he said he had not.

Cross-examined by MR. DOANE. Q. How long have you known him? A. He had been with me about eight months—he has a family—I was in hopes the Magistrate would not have sent him here—he acknowledged he had received the half-crown—I will take-him back.

WILLIAM NEWELL . I paid the prisoner the half-crown.


2nd February 1846
Reference Numbert18460202-588
VerdictsGuilty > unknown; Guilty > unknown
SentencesImprisonment; Imprisonment

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588. HENRY CLAXTON was indicted for stealing 4 candlesticks, value 6s. and 1 tea-pot, 3s.; the goods of Richard Elsam: and MARY GIBSON FREEGROVE , for feloniously receiving 2 candlesticks, part of the same, well knowing them to have been stolen.

RICHARD ELSAM . I keep an ironmonger's shop in Hungerford-street, Strand. About six o'clock in the evening, on the 24th of Jan., a witness came to my shop—I missed a tea-pot and four candlesticks, which I had seen safe at two o'clock in the afternoon—I accompanied Pocock to a marine-store dealer's in Newport-market, kept by Freegrove—the officer asked her if she had bought any candlesticks—she denied that she had—he then questioned her very closely, and she admitted she had bought two, but had sent them out of the house, and she wished me to go with her to fetch them—the officer went with her, and brought two candlesticks, which I swear to as mine.

WILLIAM SMALL . I was under the arches of the Adelphi on Saturday, the 24th of Jan.—Claxton and another boy came to me with a pair of candlesticks—they got a boy named King to mind them—they went away for about five minutes, and then brought another pair of candlesticks—they then went to Newport-market—I went with them to Freegrove's shop—I did not go in—I saw her come out to look at the boys—they were then going on, and they, sent me back—I am sure Claxton was one—he said to the other boy, "You did not fetch them out of the shop; I fetched them out of the shop; you only took them of me."

Cross-examined by MR. DOANE. Q. Had you known Claxton before? A. I have seen him once or twice with cigars—the boy is not here who was with him—I have been working at a French shoemaker's—I was down the Adelphi to see if I could get a job—I have worked for Mr. Thompson, the egg-merchant—I have never been in any trouble—my mother keeps me—I turn her mangle—I am sure Claxton said to the other boy that he had taken the candlesticks, in case he might get caught with them.

JOHN PERRY . Claxton gave me these candlesticks, and I sold them to Mrs. Freegrove—I asked her 9d. for them, and she gave it me—she asked how I got them—I said a lot of boys gave them to me—she came out of the door and looked—she saw the boys, and then she gave me 9d.

Cross-examined. Q. You had the candlesticks? A. Yes—I was once taken before a Magistrate, and had one month—I went into Freegrove's shop alone.

WILLIAM WILSON . I am a tailor, and live in Prince's-row. Mrs. Freegrove's danghter brought these candlesticks to my place, and asked to leave them there till her mother came for them.

WILLIAM POCOCK (police-sergeant F 14.) I went to Freegrove's shop—I asked her to show me the candlesticks she had bought that evening—she said she had not bought any—I said it was no use saying so, I had a witness who saw them come into the shop—she then said she had, but she had sent them out of the house—I went with her to Wilson's lodging, and there was this pair tied up.

RICHARD ELSAM . These are my candlesticks—they are worth half-a-crown.

CLAXTON*— GUILTY . Aged 16.— Confined Nine Months.

FREEGROVE— GUILTY . Aged 44.— Confined Eighteen Months.

2nd February 1846
Reference Numbert18460202-589
VerdictNot Guilty > unknown

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589. ADOLPHUS FEISTEL was indicted for stealing 3 baskets, value 3l. 15s., the goods of James Aughterloni.

MR. BALLANTINE conducted the Prosecution.

JAMES AUGHTERLONI . I am a wine agent. I have seen the prisoner once—I

do not know that I know him at all—I never was introduced to him—the baskets which are mentioned in this indictment are mine—I never set up in the wine business—I lent these baskets to Scott for the purpose of removing wine—I saw them yesterday, and know them to be mine.

Cross-examined by MR. HUDDLESTONE. Q. When was it you saw the prisoner? A. I saw him once three or four months ago—that was the only time as far as I can recollect—I was before a Magistrate, when I was entrapped by the younger Feistel, who offered me 2l. to settle this matter—I accepted it, and he then gave me into custody for attempting to extort money by this very charge—there was a policeman outside, whom he brought in—that proves the trap—he had marked the two sovereigns—I took the two sovereigns, and would have kept them if I had not been trapped, because it would have been loss than the value, the offer having first come from Feistel—I have not been before any Magistrate about this charge—we could never catch Mr. Feistel to do so—I found he had left all his old haunts—as far as I know, he lives in the Waterloo-road—the last time I was there was on Saturday evening, after the bill was found here—I went before the Grand Jury without having been before a Magistrate—I have known Scott, I should say, fifteen months—I have never carried on the wine business—I have been a wine agent for different persons, for Mrs. Fincham, of Dowgate-hill—I was an agent for her not a month since—she is now dead, and will be buried to-morrow—the shop is not shut up—the business is continued—she was the principal person I did business for, and her customers—I have been employed by Mr. Greatorcx—he is of the firm—I have not been employed by anybody but their firm and their customers—I have been in different capacities—I once managed my father's business.

Q. Have you ever been in prison? A. I do not know that I shall answer that—I decline to answer—I was unfortunately in prison once, for embezzlement, and imprisoned twelve months—I was then a solicitor's clerk, and had been so five or six years—I was convicted of embezzlement for robbing my master, who is since dead—his name was Harrison, of Cambridge-terrace, Hyde-park—when I applied to Scott for the baskets, he said they had been stolen from him—I first suggested making this charge—I said I would have the value or the baskets—that was before the commencement of last Sessions—I never heard that an action had been brought against Scott, except within the last two or three days.

Q. Have you not heard that an action was brought against Scott for false imprisonment, by Feistel? A. Never—I thought you alluded to an action by the Sheriff—I never heard that Scott took Fiestel before the Magistrate—I never heard of it.

Q. When you were taken up, being entrapped by young Fiestel, did you say that if he would not prosecute, you would tell all about it, as you were drawn into it by Scott—Now be cautious, I give you fair warning? A. I said, "It is a pity you have done this; you asked me to do your father a service, and having consented to do it, you turn round upon me"—I said I would render him all the assistance I could—I said I would do him any service—I did not say I would tell all, as I was drawn into it by Scott—that I swear—I said I would render him any assistance I could, if he would not press it—I never set up in business as a wine-merchant—I never set up in partnership with Fiestel—I never spoke a word to him in my iife—I never put him in a place to take care of the business.

MR. BALLANTINE. Q. You lent the baskets to Scott, and if any partnership or agreement took place, it was with Scott and the prisoner? A. Yes—it was in 1843 that I was convicted of the embezzlement, since then I have not been in any business, except as a wine agent—those baskets were mine—I had

them from Mrs. Fincham—they were worth 18s. or 1l. a-piece—the 2l. was less than they were worth—Scott did not authorise me to enter into any compromise—young Fiestel came down to Dowgate-hill, where I w"a—he did not speak to me in the first instance—he spoke to a friend of mine—I then saw him by his own invitation, at his own house—he said he wanted to settle the business of his father, as it was very disagreeable to him, and if I would take the value, he would willingly pay it me—he did not say one word about his father not having taken the baskets—he spoke as if his father had taken the baskets, and the price was to be paid to me—I could hardly understand him.

JAMES SCOTT being called, did not appear.


2nd February 1846
Reference Numbert18460202-590
VerdictGuilty > with recommendation

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590. ROBERT STRANGE was indicted for stealing 1 axe, value 1s.; 3 planes, 4s. 6d.; and 1 bevel, 6d.; the goods of William Henry Mason, his matter.

WILLIAM HENRY MASON . I am a coachmaker, and live in Kingsland-road—the prisoner was in my employ. About the 2nd of Aug. there were some planes missing from our shop—they belonged to an apprentice of mine—the prisoner neglected coming to his work—when he was taken into custody, I accused him of pawning the tools—he said he had not done to—I said it was no use telling stories, I had found one pawned at a pawnbroker's—he then said he was very sorry for it, and he intended to replace them—I have seen the tooli in the hands of the pawnbrokers—these are them—they are mine.

EDWARD STEVENS (police-constable N 256.) On the 29th of Jan. I went with the prosecutor to the prisoner's lodging, and he gave him in charm—the prisoner said he knew nothing about the tools, and then he said, "You will find the duplicates under the trunk"—I found the duplicates under a trunk in the back kitchen, at his lodging.

JAMES TUCK . I am a pawnbroker. I have a plane which I took in of a person whom I believe to be the prisoner, on the 23rd of Jan.—this is the duplicate I gave him.

JOHN MITCHELL . I am a pawnbroker. I have an axe I took in of a person who I believe was the prisoner—this is the duplicate I gave him.

HENRY PHILLIPS . I am a pawnbroker. I have a bevil and a plane pawned by a person in the name of Strange—I believe it to be the prisoner—this is the duplicate I gave for it.

WILLIAM HENRY MASON . These are my tools.

Cross-examined by MR. WILDE. Q. Is not the prisoner apprenticed to his father? A. I do not know—he was in my employ as a wheelright—I cannot say when I had last seen the axe—I believe the prisoner intended to replace thcm before I missed them.

(The prisoner received a good character.)

GUILTY . Aged 22.—Recommended to mercy by the Prosecutor and Jury. Confined Seven Days.

2nd February 1846
Reference Numbert18460202-591
VerdictNot Guilty > no evidence

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591. JOHN WATSON CUSWORTH was indicted for stealing 5 sovereigns, the monies of Thomas Hessin, his master.

MR. DOANE declined the prosecution.


2nd February 1846
Reference Numbert18460202-592
VerdictGuilty > unknown

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592. GEORGE SAMUEL ABRAHAMS was indicted for stealing 1 brooch, value 10s.; 1 spoon, 4s.; 5 searfs, 13s.; 6 printed books, 12s.;10 handkerchiefs, 1l.; 2 waistcoats, 10s.; 1 cap, 5s.; 1 cribbage-board, 3s.; 1 collar, 3s.; 1 cape, 1s.; 1 snuff-box, 2s.; 1 1/2 yard of linen cloth, 3s. 6d.; 4 napkins, 2s.; 1 collar, 1s.; 1 pinafore, 6d.; 1 apron, 6d.; and 1 cigar-case, 1s.; the goods of William Collins.

MR. PARRY conducted the Prosecution.

WILLIAM COLLINS . I am a publican—I now reside in Grace's-alley, Wellclose-square. In June last the foundation of my house gave way, it fell down, and I lost a considerable amount of property—I had known the prisoner previous to that, for three or four months—he was introduced to me by a person named Braham, a very respectable man, and he visited as a customer—after this calamity, the prisoner said he could do me some good by going round to collect a certain number of subscriptions for me—I agreed that he should do so—there was a large room which was saved from the accident at my home—that was partitioned off, and a bar made, and a room at the back of it—the prisoner came there, backwards and forwards, three or four times a-week, from June till the end of Dec.—I had no suspicion of him—some of my property was saved, which was placed in this bar and back room—he was frequently in the habit of going into the back room alone when I was out, and I have frequently left him in that room whilst I have been serving in the bar.

WILLIAM HOLLAND (police-constable N 146.) I took the prisoner into custody—I searched him at the station, and found on him a ring, which I produce, and some keys—I went to his lodging, where I took him first, and found this brooch—I afterwards searched his lodgings and found the whole of the property named in this indictment—I found a great many other things there—this was on the 7th of Jan.—when I took him he said, "Don't go to search my lodging, the people are so respectable"—when I had found this property I went to him and said I had found a brooch and some books—he said, "The books Mr. Collins lent me, the brooch I bought in the lane."

Cross-examined by MR. O'BRIEN. Q. What is this brooch? A. Silver, I believe—these pieces in it are glass—these books are three volumes of Shakespeare, and Pinnock's History of England.

WILLIAM COLLINS re-examined. This property is mine—I have examined it before—it was in that little room in boxes—I never gave the prisoner authority to take it.

Cross-examined. Q. There is a pinafore and a cap? A. Yes—this cap was a new one when it was taken—I know my wife had a cap of this description in a box—I can swear to these books and to this ring, this cribbage-board, and silver spoon—this scarf I wore round my neck—I can swear to this cigar-case, the inside of which has been taken out—I know this waistcoat—here is a mark on the inside of this ring—I missed that and some other things about Sept.—I believe the first thing I missed was this spoon, in Aug., and this jewellery I missed in Sept.

COURT. Q. Are you able to say the things were not all taken at one time? A. Iam quite positive they were not.

MR. PARRY. Q. When did you miss the ring and brooches? A. I missed three brooches and two rings at one time—this is one of the rings and this is one of the brooches—I missed them at one time, that was in Sept.

ELIZA COLLINS . I am the wife of William Collins—I left town for Brighton the beginning of Sept.—I left this ring and this brooch safe behind me—I returned the latter end of Sept.—they were then missing, also two more rings, two more brooches, and several other articles at the same time—this shawl is one that was missing—it was safe before I went away—this black handkerchief, which has been cut in half, I missed at the same time—I

never gave these things to the prisoner, nor gave him authority to take them—I spoke to him about losing them—he said, "It is very strange, it must be the parties you have about you"—I mentioned to him this brooch in particular—it is an article I set great value on—I had it fourteen years—I spoke to the persons about us—we discharged our man-servant, and his wife went away.

Cross-examined. Q. There is no mark on the ring? A. Yes, there it a dent on it—this is the shawl, I can swear to it—the hemming is not finished—I have been in the habit of wearing it—I have worn the brooch constantly.

WILLIAM COLLINS re-examined. The amount I lost from my house was from 6l. to 7l.—we found the original book, in the prisoner's handwriting, of the money he received and the signature of each party to it—there is 96l. down there—there was 20l. from Truman and Hanbury—all I received was 6l., and that I got by stratagem.

Prisoner. I have not wronged the man of a penny; here is the account; he had the money.

WILLIAM COLLINS re-examined. I never received this account from him, acknowledging that he had received subscriptions to the amount of 78l. 15s.—I never saw it before—I only received 6l., and there was 96l. entered in the private book found at his lodging.

Prisoner. I can show you different to that; here are some receipts of his. Witness. This receipt for 19l. odd is my writing, but this was not included in the 96l.—the book found at his lodging the policeman gave him back.

MR. O'BRIEN called

BENJAMIN COSTA . I am a house-agent and broker, and live in Dorset-street, Spitalfields. I have known the prisoner twenty-three years—he has been a broker—I have always known him an honest upright man—I have had great dealings with him—I never knew him in any trouble.

MR. PARRY. Q. Are you related to him? A. Yes—I married his sister—I have known him since June last—I was not aware that he had obtained subscriptions for a party, and kept them himself—I knew nothing of it till now—I heard that he engaged with a publican to sell property for him by lottery, and he obtained money and kept it—I did not know that he got an auctioneer to sell part of Mr. Collins's property, and kept that money.

(Phineas Cohen, the prisoner's nephew, an ironmonger and hardwareman, in Artillery-passage; Emmanuel Adams, the prisoner's brother-in-law, a watchmaker in Brown's-lane, Spitalfields; George Pearce, a glass-cutter, Plumber-row, City-road; and Samuel Braham, the prisoner's cousin, a ragmerchant in the Commercial-road, gave the prisoner a good character.)

GUILTY . Aged 58.— Transported for Seven Years.

(There were two other indictments against the Prisoner.)

2nd February 1846
Reference Numbert18460202-593
VerdictGuilty > unknown

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593. WILLIAM SMALEY was indicted for stealing 1 iron grating, value 8s., the goods of Thomas Goodman and another; and that he had been before convicted of felony.

WILLIAM COUTS . I am in the service of Thomas Goodman and John Goodman, at Stepney. On the 3rd of Oct, in consequence of suspicion, I thought it necessary to mark a great deal of iron, and I missed some—the next morning, when I went for the keys, I saw the prisoner with his back against the wicket of our premises—as soon as I unlocked the gate I saw this iron grating was put ready to be drawn under the gate—when I came back the grating was gone, and the prisoner also—I will swear this is my master's

Cross-examined by MR. BALDWIN. Q. Where was it when you saw it last? A. In my master's yard, ready to be drawn under the gate—the prisoner could draw it out by putting his fingers under—it was not part on one side and part on the other—I am certain no part of it was outside—it is a large wooden gate, where the carts go in—the gate was shut and locked—I went to fetch the foreman, and while I was gone the prisoner took the grating—the gates are padlocked—I could have put my hand under and took the iron—I do not know how the iron came there, but I know it was not there the night before when we marked the iron.

RICHARD HONER . I was told by Couts to watch, and saw the iron grating go under the gate, but I could not see who took it—I went out and followed the prisoner into Mr. Well's premises—he dropped the grating there, and ran off—this is the grating.

WILLIAM DAVISON DAY (police-constable K 74.) I took the prisoner into custody.

Cross-examined. Q. Did he say anything to you? A. When at the station he said he did not steal the iron, and would not if there had been a wagon-load of it, but he was sent to fetch it, and it was no use to him.

JAMES HAMS (police-sergeant K 21.) I produce a certificate of the prisoner's former conviction at this Court—read—(convicted April 2nd, 1838, and transported for seven years.)

Prisoner. I was transported innocently at that time; it was no more than being hired to move a few goods; the prosecutor knew I was innocent, and they let me off with Ihree years. Witness. He is one of the most desperate thieves in London—I have known him since 1836—I could name twenty or thirty of his Associates who have been transported or punished.

Prisoner. He is a false-swearing man; he went to my house and got the duplicates when my wife was confined, and got the things for his own wife to wear.

WILLIAM DAVISON DAY re-examined. I have known the prisoner two years—he is always with thieves.

GUILTY . Aged 35.— Transported for Ten Years.

2nd February 1846
Reference Numbert18460202-594
VerdictNot Guilty > unknown

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594. MARY HURLEY was indicted for feloniously receiving 9 yards and a half of woollen cloth, value 1l. 10s.; 4 pairs of trowsers, value 2l. 10s.; 1 coat, value 15s.; and 3 waistcoats, value 1l. 10s.; the goods of Henry Jordan, well knowing the same to have been stolen.

HENRY JORDAN . I am a tailor, and live in Little Chester-street, Belgravesquare—on the 15th of Dec. I occupied a shop at Knightsbridge—on that night the shop was entered, and everything carried off—I lost cloth and trowsers and waistcoats—these now produced are part of what I lost—I lost between 20l. and 30l. worth of property.

Cross-examined by MR. BALLANTINE. Q. What is the amount you have found? A. 3l. or 4l. worth.

JOHN POOLE . I am shopman to a pawnbroker, in Great Queen-street—on the 19th of Dec. the prisoner pawned four remnants of kerseymere for 18s., and a pair of trowsers and a waistcoat on the 15th, but I did not take them in.

Cross-examined. Q. I believe you knew her? A. Yes, for eight or nine years—she keeps a lodging-house, and it may be that she has a pretty constant change of lodgers.

JAMES LEWIS ASHMAN (police-constable F 119.) I went to No. 11, Park-street, Drury-lane—the prisoner lives there—I searched the parlour, and found sixteen duplicates—two of them relate to the property which is

now produced—I held the duplicates to the prisoner, and asked if they were her property, and she said they were—the other fourteen duplicates do not relate to the property.


2nd February 1846
Reference Numbert18460202-595
VerdictNot Guilty > unknown

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595. MARY RATHER was indicted for stealing 9 yards of calico, value 4s. and 15 sovereigns; the property of John William Rowoarth, in the dwelling-house of Louis Brode.—2nd COUNT, stating to be the property of Ann Rowoarth.

MR. DOANE conducted the Prosecution.

ANN ROWOARTH . I am the wife of John William Rowoarth—I have been separated from him for some years—I receive an annuity, payable at the Bank of England—I lodge at No. 6, Chiswell-street—the prisoner was in the habit of coming and doing odd jobs, for which I paid her—I promised to advance her 5l. when I received my dividend—on the 15th of Jan. I went with her to the Bank, and received 36l. 7s. 2d.—I paid away between 3l. and 4l.—I counted thirty sovereigns into the prisoner's lap—I said, "Lock them up, and to-morrow I will go and pay my debts, and then I will let you have 5l."—I saw her put it in the purse, and lock it up in a drawer—the key was placed on the mantel-shelf, under an ornament, where I kept it—I had occasion afterwards to go down stairs, and left her in the room—she afterwards left—a man passed the night with me—he left about eight o'clock in the morning, and the prisoner was there very soon afterwards—I missed fifteen sovereigns from the place—I spoke to the prisoner about it—she said, "Dear me! it cannot possibly be"—I gave notice to the police—I have seen the calico produced—I know it by its having my own mark on it—I did not give the prisoner authority to take it away—this other piece had some of my work on it—I have no doubt at all about my own work.

Cross-examined by MR. BALLANTINE. Q. Used the prisoner to work for you? A. Yes—here is some of my own sewing on this calico—I missed this after I lost my money—I had had it two or three days before—it is worth about 4s.

WALTER HENRY BROWN (police-constable G 62.) I went to the prisoner's apartment, in Princes-street, with her—I found part of this calico in her box, and this other part on the bed—she was taken to the station, and searched by a female.

HARRIET HAYWARD . I searched the prisoner at the station—I found this piece of calico on her—it is part of a bed-gown—it was made into a bustle


2nd February 1846
Reference Numbert18460202-596
VerdictsGuilty > pleaded guilty; Guilty > unknown
SentencesImprisonment; Imprisonment

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596. ISABELLA BUCKLEY, ANN BENNETT, MARY ANN MALEY, CATHARINE GINIVAN , and CATHARINE SMITH were indicted for stealing 11 pairs of boots, value 6s., and 24 pairs of shoes, value 6s.; the goods of John Andrews; and MARY ANN RYAN for feloniously receiving the same, well knowing them to have been stolen.

BUCKLEY, aged 15.

BENNETT, aged 14.

MALEY, aged 14.

GINIVAN, aged 13.

SMITH, aged 14.

Pleaded GUILTY .— Confined Three Months.

MR. DOANE conducted the Prosecution.

ELIZABETH ANDREWS . I am the wife of John Andrews—we live in Dudley-street—I shut up my house on Friday night, the 16th of Jan.—it was all safe—in the morning I found the cellar-flap had been broken open—I

missed twenty-four pairs of shoes and eleven pairs of boots—the boots and shoes produced are ours, and part of what we lost.

Cross-examined by MR. O'BRIEN. Q. Have you any mark on these? A. Yes, I have had them repaired—this pair has been worn—here is a piece of leather on this pair—they have been half heeled—I have no mark on these boots, only they have been sewn—I buy them, and have them mended up for sale.

Catharine Smith. I am fourteen years of age. On Friday night, the 16th of Jan., I was in Covent-garden Market, begging, from between ten and twelve at night till between three and four in the morning. Buckley, Bennett, Maley, and Ginivan were there; while we were there we saw a boy, and in consequence of what he said, we all five went with him to a cellar in Dudley-street, where Mr. Andrews lives; the boy opened the door, and left us standing to watch for the policeman; the boy brought up some boots and shoes; I had some of them; we had them between us; we went to Covent garden, where Ryan keeps a stall for coffee; I sold her two pairs of shoes; I asked her 4d.; she gave me 3d.; during the same morning I saw Isabella Buckley sell her a pair of boots for 6d.; she said if we brought her thirty or fifty pairs, her friend would buy them; her friend appeared, and he bought nine pairs and a half of them.

Cross-examined. Q. When were you taken? A. On Saturday morning—this is the first robbery I have been charged with—I have been in prison for begging—Pocock took me up—he did not tell me if I told everything about it, no harm would come to me—he asked me some question—Mrs. Ryan wanted to say that I threw the shoes into her coffee-stall, and then I thought it my duty to tell the truth—I have known Ryan about six months—I have been about selling flowers—I have had no quarrel with her—I do not know her servant—I saw one woman there and herself—we had no boots, only the boots we sold—we sold her friend nine pair and a half of shoes—he was a tall man, he wore a blue coat and blue trowsers sewn up at the legs—it was between eight and half-past eight in the morning, that we sold him the articles—it was between three and four in the morning that we stole them—when we sold them to the man, he was standing at Mrs. Ryan's coffee-stall, waiting for us to bring the shoes—they were in one of the girl's laps—we were waiting about to sell the shoes—it was clear daylight then.

WILLIAM POCOCK (police-sergeant P 14.) I took Smith between ten and eleven o'clock—I saw her first in Bow-street—I took her to the station—she gave me information which led me to go to Ryan's lodging—I told Smith she was charged with stealing some boots and shoes in Dudley-street—she said they were all in it and they stole them from the cellar and sold part of them to Ryan—I went to Ryan and asked her if she had seen any girls in Covent Garden market with any shoes that morning, she said she had, but she had nothing to do with them, I was welcome to look at her room—I did so with another policeman, and I saw him find these two pair of shoes—when Ryan came to the station she said her servant must have brought them there, and she was gone to look for a situation—these other shoes were found at another place.

ELLEN HARRAGAN . I live with Mrs. Ryan—I did not receive the shoes from the girls—I did not put them in my mistress's room—I found them after the girls were gone.

(Ryan received a good character.)

RYAN— GUILTY .* Aged 45.— Confined One Year.

NEW COURT.—Monday, Feb. 9, 1846.

Fifth Jury, before Mr. Recorder.

2nd February 1846
Reference Numbert18460202-597
VerdictGuilty > unknown

Related Material

597. GEORGE JONES was indicted for feloniously breaking and entering the dwelling-house of Timothy James Maney, on the 2nd of Feb., at St. Dunstan, Stepney, and stealing a carpet, value 7s.; 9 china ornaments, 3s.; and 1 unfinished coat, 1l. 8s., his property; and that he had been before convicted of felony.

TIMOTHY JAMES MANEY . I am a tailor, and live at No. 6, George-street, Mile-end New Town, in the parish of St. Dunstan, Stepney. On the evening of the 2nd of Feb. I left the windows shut and the house generally shut up, and everything safe about twenty minutes before eight o'clock—I locked the dour and took the key away with me—I returned about a quarter after eight—I noticed some people about the door—I attempted to unlock the street door, but it pushed open—it was closed but not locked as I had left it—the catch was on, but the least touch in the world would open it—I missed an unfinished coat from my bed-room, a carpet from my parlour, and some cbioa ornaments from my mantel-piece—I went to the station-house and found the prisoner already in custody—the articles I missed were at the station.

Prisoner. He said the door was locked first, and he found it as he had left it. Witness. I did not—I put the key in the lock, but it did not require it, it could have been opened without.

HENRY PHILLIPS . I was returning from work on the 2nd of Feb.—I saw the prisoner attempt to force open with his hand the door of the house No. 6, George-street, Mile-end, where Maney lives—he forced the door open with his foot, then walked about, and entered the house—he came out in a minute, and walked across the road—he went in again, and remained two or three minutes—the third time when he came out I saw him with a bundle in front of him—he closed the door after him—I followed him round the corner of the Collingwood public-house—I did not lose sight of him—I came up to him in Chicksand-street, and seized him—he dropped the bundle directly, and said, "Let me go"—after we had had two or three struggles across the road, I got assistance—I saw him throw a china ornament away as we took him along—it was broken—the pieces were picked up, and handed to the policeman.

JOHH LANGBRIDGE . On the night of the 2nd of Feb. I saw Phillips and the prisoner struggling at the corner of Chicksand-street—as they were going to the station I saw the prisoner put his right hand into his pocket, and throw some china ornament away, which was picked up.

FREDERICK BUNDY . I live in Dunk-street, Mile-end New-town. On the night of the 2nd of Feb. I saw the prisoner in Chicksand-street—I saw him drop the bundle from the front of him—I picked it up, and took it to the station—it contained this carpet and this unfinished coat—I gave it to the inspector—I carried part of the broken ornament which was picked up—this ornament he pulled out of his pocket at the station, and gave it to the policeman.

EDWARD M'ANLIFFE (police-constable H 142.) The prisoner was given into my charge on the 2nd of Feb.—I received these articles from Bundy.

TIMOTHY JAMES MANEY re-examined. These are my articles, and what were taken from my premises—this coat was entrusted to me by my employer—I had seen all these safe that morning.

Prisoner's Defence. On the Monday evening I was going along George-street; I was waiting for a young man; I saw a bundle lying close to the door of a house; I took it up, and was guijig to take it to the station; Phillips

ran after me, and said, "I have got you at last, I have wanted you a long time;" he snatched the bundle out of my hand, and this ornament fell out of it.

WILLIAM HOWE (police-constable H 168.) I produce the certificate of the prisoner's former conviction at this Court—(read Convicted 19th Aug., 1844, having been before convicted of felony, and confined one year) the prisoner is the man.

GUILTY . Aged 24.— Transported for Ten Years.

2nd February 1846
Reference Numbert18460202-598
VerdictGuilty > unknown

Related Material

598. JAMES WAYLET was indicted for feloniously breaking and entering the dwelling-house of Thomas Beckensall, on the 16th of Jan., at St. Mary's Islington, and stealing 1 coat, value 10s., his property.

MR. BRIERLEY conducted the Prosecution.

CAROLINE BECKENSALL . I live at No. 5, Parkfield-street, in the parish of St. Mary, Islington. On the night of the 15th of Jan. I opened the door to my brother about eleven o'clock—I went to bed about twelve—the house was then safe—the door was fastened with a lock—there is no key to the door—the windows were all closed.

THOMAS BECKENSALL . I live at No. 5, Parkfield-street, Islington; it is my dwelling-house; Caroline Beckensall is my sister. On Friday morning, the 16th of Jan., at a quarter-past six o'clock, I was in bed in a sound sleep—I was awakened by a noise of a person moving about in the back room, which is separated by folding doors from where I was—one of the doors was ajar—I was afraid my wife would be alarmed, and I said, "Stop, stop, stop!"—there was a noise as of a person escaping—he stumbled over the mat in the passage, and made a great noise—the street door was opened and slammed to—I had hung my great coat behind the door in the back room where I had heard the person, and from which the person escaped—I went into the passage—I found the street door shut—the policeman brought me my coat—this is it.

Prisoner. When the coat was taken off my back the sergeant took it to the prosecutor, and asked him if he could swear to it; he said no, it was very like it. Witness. No—I know it by a particular mark—one pocket, which was worn out, I had lengthened and made longer than the other—I have not the least doubt about it being mine—I never expressed a doubt about it.

BENJAMIN JUDD (police-constable N 385.) I was at the corner of Montague-place, in Gerrard-street, Islington—I saw the prisoner—I followed him—he ran away—I sent another officer after him—he was brought back to me—Montague-place may be half a mile from the prosecutor's house—it was near seven o'clock in the morning of the 16th of Jan.

EDWARD TONGUE (police-constable N 428.) I stopped the prisoner on the morning of the 16th of Jan.—he was running down Gerrard-street—he had this coat on.

GUILTY . Aged 23.— Transported for Fifteen Years.

2nd February 1846
Reference Numbert18460202-599
VerdictGuilty > unknown

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599. WILLIAM MARSHALL was indicted for stealing 10lbs. weight of rope, value 2s., the goods of Anthony Strother, in a certain vessel, in a certain port of entry and discharge.—2nd COUNT, calling it the goods of William Spouse.

WILLIAM GEORGE SCOTT . I am apprentice on board the brig Mary, which was lying in the Regent's Canal. On the night of the 4th of Feb. I came from the cabin to the deck—I saw the prisoner standing between the lug-boat and the rigging;—I asked what he was doing—he said he was easing himself, and I had seen him putting his shirt in his trowsers—I said he had better go on shore—he asked if I thought he was up to any roguery—I took the cabin

poker to get him out of the ship—he went on shore—I saw some of the tackle of the vessel had been cut and had fallen on the deck, about a yard and a half from the spot where the prisoner had been standing—the tackle had been all right that evening—I had not heard the tackle fall, but it had been cut, and was lying on the deck—here it is—this is the end that was out—it was about twenty minutes before nine o'clock—the policeman brought the prisoner about twelve o'clock—this rope is the property of Anthony Strother—it was in the dock of the Regent's Canal, about 100 yards from the Thames—it was under the cleet, where it was coiled up—it had been just cut off.

CHARLES RYLEY (police-constable K 304.) I apprehended the prisoner very near Limehouse bar, coming towards it—I saw him soon after he came from on board the ship, but I did not know he had been there—I found on him this ship's knife, which appeared as if it had very recently cut a rope in two, by the smell of it—there is tar upon it now—I had previously directed the prisoner to a lodging—I did not know he had been on board the Mary—I took him on board, and Scott immediately said, "That is him."

Prisoner. I went on board to see if I could get employ; I did not cut any rope.

GUILTY . Aged 22.— Confined One Year.

2nd February 1846
Reference Numbert18460202-600
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Miscellaneous > sureties; Imprisonment; Miscellaneous > sureties

Related Material

600. JAMES FOX and WILLIAM HAMMELL were indicted for a conspiracy.

MR. HUDDLESTOM conducted the Prosecution.

HENRY PINTO . I am a snuff and cigar manufacturer, and live in Shoreditch. I know the prisoner Fox by the name of Ellis—he came to my shop in Sept. last with an old woman—he told me he had taken a shop in the general line, in Charles-street, Hackney-road, and asked if I would supply him with tobacco, snuff, and cigars—if I would give them credit, him and the old woman—she represented herself as his mother, and called herself Mrs. Ellis—I refused them credit, and they went away—shortly afterwards they returned, and offered to pay me half in cash, and the other half in a few days—Fox told me he was a dentist by profession, and he had got a numerous class of friends—he referred me to a person named Fox, living in New-street, City-road—I let him have goods to the amount of 6l. 10s.—I received one-half, and the other half I was to receive in a few days—within a few days Fox came to me, and told me he had got orders for 9l. odd of goods, if I would let him have them—I said I must have my first account paid first—he stated he would let me have that and the other in a few days—I refused to let him have them—after some time, he told me if I would call at his place he would let me have the balance, if I would let him have the others—I did so—he paid me, and I let him have the goods, on condition that I was to have the money or goods in a few days—the amount was 9l. odd—I called within a few days—he said the goods were delivered out, but not paid for, that the gentlemen were professional gentlemen and they had not paid—he appointed for me to come on the Monday morning, which was about the 14th of Oct.—I went, the place was shut up, and he had bolted—when I went to the house of Fox, in New-street, City-road; I asked for that name, a woman opened the door, and told me there was no one there—I am sure I applied to the place that Fox referred me to—I have been since; the people are gone, the house is shut up.

CHARLES GEARY . I was in the employ of Mrs. Rebecca Bennett, of Hackney-road, a corn-dealer. Fox came to the shop in the name of Ellis—he stated that he intended to open a chandler's shop in Charles-street, Hackneyrood, and should want bread and flour, and other goods, he would let us know what—we furnished him with goods—he paid for a portion of them—they

were to be paid for on Wednesdays on Saturdays—I cannot say how much was delivered altogether—there were invoices delivered every time—the amount now due is 1l. 9s.—when I went at different times I saw the prisoner Hammell, who represented himself the brother of Fox, and an old woman—sometimes Mr. Ellis was not home, but they said he would call on Mrs. Bennett in a short time, but he did not, which excited our suspicion very much—these goods were nearly always delivered to Hammell—he was in the shop with the old woman—they were at that shop in Charles-street from fourteen to seventeen days—I called there the last Saturday I took goods—I think it was in Oct.—I was desired not to leave the bread unless I had the money, and I brought it back—Ellis told me I was to be paid positively at twelve o'clock on Monday—I think Hammell was present when he told me that—I went on the Monday, and the shop was shut and the house cleared—we had no reference, only the old woman stated she was about starting her son in business, and we should find everything going on well and comfortably.

Cross-examined by MR. BALLANTINE. Q. What was the amount of the goods delivered? A. About 3s. a day, and on Saturdays about 6s. for about seventeen days—when Fox told me to call on Monday and I should be paid I think Hammell was present—I am almost positive Fox was behind the counter, but I cannot give a certain answer—I saw him there—the old woman came first to our shop, and made the first arrangement.

MR. HUDDLESTON. Q. Can you say how much Mr. Bennett was paid altogether? A. No—there was pearl-barley, groats, and other things delievered—there was sometimes as much as 10s. worth a day delivered—they now owe 1l. 9s.—there were several small payments made to get other goods—the payments were not for the day's delivery, but for a back day—they were to pay up on Wednesdays and Saturday—if they paid on Thursdays we should give them credit till the Saturday—they did not pay more than they now owe.

PETER SMYTH SAMPSON . I am a grocer, and live in High-street, Hoxton. In Sept. Fox came to my shop in the name of James Ellis—a woman came with him, who represented herself as his mother—he wanted to know if I served shops—I said, "Yes"—he wanted to know on what terms—I said "The first account paid for before I deliver any"—he said he could not do that, he would pay part of it—he paid 5l. off the first, and then the mother came and said she had some money coming to her, and she would pay the first order off, and make it easier for him—I have my account with me—I did not see Hammell at all—I delivered goods to the amount of 36l. 17s. 6d.—I received 10l. 9s. 10d. by three payments—the amount of the first goods was 18l. 15s. 9 1/2 d. on the 11th of Sept., and off that there was 5l. paid—I went to the house in Oct. and found it shut up—I had censed to supply goods—I went two or three times for money and there was always some frivolous excuse—the shop was open—I did not see anything doing—there were pearlbarley and other things in the window—I cannot tell whether there was any dealings with customers.

COURT. Q. If it had not borne the appearance of a shop for the sale of goods you would not have supplied goods? A. No.

THOMAS PRIDGEON . I am a grocer, and live in Wood-street, Walthamstow. The prisoner Fox took a house or a shop of me there under the name of James Fox, on the 21st of Oct.—he was there till Christmas, as far as we could ascertain, but the house was always closed—he said he wanted to open it as a ready-made clothes and boot-and-shoe shop—it had been originally a grocer's—I saw Hammell afterwards—he called Fox his brother-in-law, and seemed to act as a sort of shopman—he was there when Fox was not—I

only saw Fox three times during the ten weeks—sometimes he took, one shutter down and sometimes two—I have known the shutters all down, but the door was closed.

COURT. Q. Then a person who went for boots and shoes could not get in? A. No—I did not know of any business being done, only a butcher they had a shoulder of mutton of took a pair of boots in exchange.

CHARLES GEARY re-examined. Q. What name have you heard Hammell call Fox? A. I have heard him call him by the name of Ellis.

Cross-examined. Q. When was that? A. At the commencement of the business in Charles-street—his mother came first and then Fox came—he told us his name was Ellis—I saw Hammell every time from the first, before the shop was properly opened—I have heard him call Ellis to business by the name of "Mr. Ellis, you are wanted"—there was no name over the door, not even the name of the licence—I should not have trusted the name of Ellis more than Fox—Ellis was the name given to us—that did not carry any credit with it—they were there seventeen days, and sold pepper, and mustard, and all sorts of things without a licence.

MR. BALLAHTINE to THOMAS PRIDGEON. Q. Did not Fox tell you they were going to open a shop in the general line? A. No—I understood him clothes, and boots and shoes—he asked me whether I thought such a shop would answer—I said I thought it would, there was not such a shop in the street—the first five weeks he paid the rent, 5s. a week, and now there is five weeks due as near as we can ascertain.

JOHN WALLER . I am a cabinet-maker, and live in Wood-street, Walthamstow. In Nov., or it might be the latter end of October, the two prisoners came to me by the recommendation of Mr. Pridgeon—they said they wanted a shop fitted up, as they had taken a shop in the clothes line—both of them spoke together—I did not know one from the other—I fitted their shop up—it was not opened for general sale—one time one shutter was down and one time another—they said they were going to bring down some goods—when I first went there was a lot of shoe-makers' cuttings and tips in the shop, but nothing of any consequence—I waited a week or ten days, and then I went down again—the prisoners were both there—I did not know the name of Hammell till I saw it in the paper—the shop was never opened for business—I live within 150 yards of it—they were there eight or nine weeks—when I went down to the shop there was a bale or two of goods in the shop and they said they should open on the Thursday following and have a great many goods.

Cross-examined. Q. What was the amount of the fitting-up? A. 1l., 16s. 2d.—Hammell appeared anxious to have it done, and so did Fox—Fox always called Hammell his brother-in-law—I cannot say whether Hammell acted as a servant—Fox gave him his way—he asked him how to have the counter fixed so that he would be near the fire for cutting out.

COURT. Q. Did you go to the shop after you had fitted it up? A. Yes, I went five or six times, and could not get in—a neighbour sent me word when I could get in—I went, and saw one of the prisoner's—they never opened the shop, nor ever intended it—they sent for me again a few days before Christmas, to put up some small shelves—a few days before that, I saw Hammell with a large handkerchief full of shoes, which put me on the suspicion that things were not right—when I went down again, the place was quite dissected—they were all gone

WILLIAM ARCHER . I am traveller to Thomas Capp, and Co., Leadenhall-street. At the latter end of Oct. Fox came to our warehouse, and asked if

we would give him credit for goods, and he would give us good security—we, asked to what amount—he said, "About 30l."—we said if he gave 10l. in cash, and good security, he should have the goods—he referred to Thomas Broad, No. 15, Paradise-row, Bethnal-green—I went and saw Broad—he said he was a retired ship-chandler, and had been in the house three years, and showed some receipts for rent—he said he had known Fox from a child, and he was a respectable man—I said as Broad was a stranger to me, perhaps he would refer me to somebody for his respectability, and he referred me to a man named Nash, a grocer—I went there, and found a grocer's shop—I saw goods there—the shop appeared well stocked—Fox came to our ware-house, and looked the goods out—I Hammell did not come to our warehouse, but he came with Fox, in a cart, afterwards, to fetch the goods away—Fox said they were to open a shop which he had taken at Walthamstow—I understood he was to set up there—we were paid the 10l.—we lost 20l. altogether—I went down to Walthamstow—I saw the prisoners there, and got a bill accepted by Fox and it was to be indorsed by Broad, to save expense—it was indorsed by Broad—it has not been paid—they were all gone—Fox, Nash, Broad, and all the references that Nash, and Broad, and Fox, gave, were gone, and the references they gave, are gone—after Fox had accepted the bill at Walthamstow, I was going away, and saw Hammell—I said to him, "Are you a partner with Fox?"—he said, "Yes, in the boot and shoe line; all right"—he appeared to be more of a master than Fox did there.

Cross-examined. Q. Fox was the person who called on you? A. Yes—he did not say he had a partner—our credit was given to him—we received 10l. or 11l., I do not know exactly which—20l. is our loss—this bill is for 20l.

ALFRED PRINCE . I am in the employ of Mr. James Towers, of Holborn-hill, a boot and shoe-maker. On the 14th of Nov. Fox came to our ware-house—he wanted to have 20l. worth of boots and shoes—I asked for a reference—he referred to Nash, of Limekiln-hill, Limehouse, a grocer and shipchandler—I went there, and did not find him at home—Fox gave me another reference to Mr. Wilmot, Gray's-buildings, Kingsland-road—I went there—an elderly woman opened the door—I asked if Mr. Wilmot was there—she said her son was not at home—it was a nice private house, rather large—she asked me in—I stepped into the parlour, and found it nicely furnished—nothing more was said about Wilmot then, but Fox brought him afterwards to the warehouse to accept a bill—I asked the old lady about Fox—she made a statement to me, in consequence of which I gave credit to Fox—he had boots, shoes, and clogs to the amount of 41l.—he paid three times 5l., once 7l., and once 4l., and he gave me two bills, one drawn by Nash, on Fox, and one drawn on Wilmot and Fox, and accepted by each of them—I took the goods to the Horn public-house, except once, when I took them to a coffee-shop, in St. John's-square—I went to the shop at Walthamstow, but I could not get in—I knocked four different times—I believe there is no bell to the place—I made inquiries after Nash and Wilmot, at the places to which Fox referred—they were both gone away—the houses were empty—I cannot say when they disappeared—I went on the Sunday before Christmas, to Nash and Wilmot.

Cross-examined. Q. When you went to the shop at Walthamstow, were there boots and shoes in the window? A. Yes—I could not see what stock, because I could not get in—I should say the boots and shoes were ours—they were such as I sold him—there is now due to us 41l.—I received 26l.—I was to be paid partly by bills, which are now over-due, but were not

when the prisoners were taken into custody—I believe there were four examinations—they were taken within a week after Christmas, and have been in custody ever since.

MR. HUDDLESTON. Q. Where were the bills made payable? A. At Bartletts-court, where our warehouse is—they have not been paid.

HENRY KOYNE . I am a wholesale stay-manufacturer, carrying on business in Newgate-street. In Nov. last Fox came to our shop, he stated he had just opened a shop at Walthamstow, and he wished to know whether I would give him credit—he said he would pay 5l. down, and give security for the remainder—I asked whom he proposed as security—he referred me to a man named Nash—I told him to call the next day—I went there, and found Nash was not at home—I staid there an hour—there were what appeared to be loaves of sugar there, but I examined them, and found they were chalk—I went to the window, and scraped some blue packages, and found them to be wood—there was some coffee there, and six or eight of those apparently loaves of sugar—there was a bag of rice at the door—I did not put my hand into that—I had known Hammell before—I did not see him at all on this occasion.

CLARA STRATTON . I am the wife of William Stratton—we live in George-street, St. Luke's. Hammell took a room of me on the 22nd of Dec., under the name of Edwards—he told me he was a stranger, come from the country, and his goods were at the Terminus—the policeman came on the Tuesday following, and found some duplicates in the room that Hammell occupied.

Cross-examined. Q. He appeared in distressed circumstances? A. Yes.

JAMES BRANNAN (police-sergeant G 20.) On the 2nd of Jan. I went to Mrs. Stratton's-house—I found thirteen duplicates in a cupboard—I found a hamper in the room, and a quantity of leather in it—these are the duplicates.

JOSEPH BRYANT (police-constable G 60.) On the 2nd of Jan. I received information, and apprehended the two prisoners together in a coffee-shop in Old Street-road—I found on Hammell a counterfeit half-crown, a duplicate, and four keys—I went to the prisoner's residence, and was present when the duplicates were found at Hammell's—I went to the pawnbrokers', and they are here to-day.

Cross-examined. Q. Did Hammell say he got that half-crown from the pawnbroker where he had pawned some articles? A. Yes.

HENRY TAYLOR . Q. I am in the employ of Messrs. Warren and Fowler, pawnbrokers. I have two pairs of boots, pawned on the 30th of Dec., I do not know by whom—this is the duplicate.

GEORGE BRIGGS . I am assistant to Mr. Attenborough, a pawnbroker, in Shoreditch. I produce three pairs of men's boots, which were pawned on the 12th of Dec., I do not know by whom.

Cross-examined. Q. You have another pair, pawned on the 29th of Dec.? A. Yes.

FOX— GUILTY . Aged 28.— Confined Six Months, and to enter into his own recognizance.

HAMMELL— GUILTY . Aged 38.— Confined Two Months, and to enter into his own recognizance.

2nd February 1846
Reference Numbert18460202-601
VerdictGuilty > unknown

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601. JOHN BENNETT was indicted for obtaining money by false pretences.

MR. HUDDLESTOM conducted the Prosecution.

HENRY CHRISTY . I am a partner of the firm of Christy and Co., hat-manufacturers—I have more than one partner. I think the prisoner came into our employ on the 7th of Dec.—he was foreman of the cap-makers—it was his

duty to give the women caps for them to make up—this is the book of Mrs. Barnard, which it was the prisoner's duty to keep—it was his duty to put down in the column marked "Out" the quantity of work he gave the women, and in the column "In" the work he received at the time of their bringing it back; and then in these money columns he was to put down the amount of wages due for it—here is, on the 29th of Dec., an entry, 12 out, at 7d., and 7s. carried out; and 12, at 8d., and 8s. carried out—on the 31st, here is 2, at 8d., and 1s. 4d. carried out; and 12 at 7d., and 18 at 6d., and 7s. and 9s. 9d. carried out—on Friday, when the week closes, a clerk casts up this book, adds together the amount in a list, and the money is obtained from the cashier—the clerk enters the name of the party who has done the work, in a large book, and makes out a list, which is a copy of the book, and gives the list and the money to Mrs. Jefferson—in this book, in the week ending on the 2nd of Jan., Mrs. Barnard is stated to have done 1l. 6s. 1d. worth of work—in the work-book it is down in the prisoner's writing except the sum total—the work-book is carried to the counting-house, and the clerk transcribes it in the large book; and it is the duty of the clerk to give Mrs. Jefferson a list of the sums due to each of the work-women, as are represented by the prisoner, and she is to pay to these women the amount placed against each of their names by the clerk, accompanied by a piece of paper—supposing 1l. 6s., 1d. to appear in the wages-book as due to Mrs. Barnard, it would be the clerk's duty to make out that amount and give it to Mrs. Jefferson—on the week ending on the 9th of Jan. the sum of 1l. 3s. 3d. appears by the prisoner's entry to be due to Mrs. Barnard—on the week ending on the 16th of Jan., 1l. 8s. 6d.—it was the prisoner who introduced Mrs. Barnard to our establishment—a person named Scott made a communication to me—I spoke to the prisoner, and called his attention to an entry on the 14th of Jan. of four jobs, 6d.—he said they were four caps given to Mrs. Barnard to repair, the work of another woman, for which she charged 6d.—I said, "I must inquire further about it"—I never knew of jobs being given to out-door women.

Cross-examined by MR. BALLANTINE. Q. How many entries of this kind had the prisoner to make? A. A great number—it was the way in which he was employed—he had no money to receive except for Mrs. Barnard and one other.

MATILDA JEFFERSON . I am fore-woman at Messrs. Christy's. On the 2nd of Jan. I paid the prisoner, for Mrs. Barnard, 1l. 6s., 1d.—on the 9th of Jan. I paid him 1l. 3s. 3d. for her, and on the 16th of Jan. 1l. 8s. 6d.—on all those occasions I gave him a slip of paper with the money—I always folded the money up in paper before he had it, with the slip with it—he said, "I will take Mrs. Barnard's money."

Cross-examined. Q. How did you know the amount you was to give him? A. By the slip of paper which the clerk wrote, which I had from the clerk with the money.

ELISHA HAYDON COLLIER . I am clerk to Messrs. Christy. It was my duty generally to add up the different books which belong to the work-women—I then transfer the amount at the bottom to the large book—the slips of paper are perhaps made out by me or by another, but I see them, and send them up, with the amount, to Mrs. Jefferson—the slip of paper is then cut into slices, and given to each of those persons, with their money—these entries in this large book are in my writing, 1l. 6s. 1d., 1l. 3s. 3d., and 1l. 8s. 6d.—there are the sums due to Barnard on the 2nd, the 9th, and the 16th of Jan., and these amounts were put on a piece of paper, and given to Jefferson.

JANE BARNARD . I am the wife of Alexander Barnard—I am in the employ of Messrs. Christy and Co. as a cap-maker. On the 2nd of Jan. I was entitled to 16s. 9d., and the prisoner paid that sum to my husband—on the 9th of Jan. I was entitled to 16s. 3d.—he paid that to my husband; and on the 16th of Jan., 19s. 6d.—that was paid to my husband—I saw the prisoner on the 16th of Jan., but I did not speak to him then—my husband did—I met him afterwards in the Southwark Bridge-road—I said, "Mr. Bennett, you look very ill"—he said, "I have been very ill all night"—I said, "This is a bad business; how came you to make such mistakes in your books?"—he said, "I don't know how it was; if you recollect, I told you that being a foreigner, I did not understand English book-keeping"—he said, "Did any one call on you?"—I said, "Yes"—he said, "Did you tell them what I told you?"—I said, "Yes, but we afterwards contradicted it"—he said, "Oh, good God! what shall I do? I am afraid you have convicted me"—he said, "Where is your husband? perhaps he could save me."

ALEXANDER BARNARD . I am the husband of Jane Barnard—on the 2nd or Jan. I received 10s. 9d. of the prisoner—on the 9th of Jan., 16s. 3d., and on the 16th of Jan., 19s. 6d.—the prisoner called on me, and requested me to state, if any one called from Messrs. Christy to inquire what work had been done and what money received, to say it was 1l. 8s. 6d., which included the charge of 6d. for four jobs—he said he had made a trifling mistake in the books, and entered my wife's work in somebody else's book—believing that to be the case I said I would say so—he came afterwards, but I had given my word to Mr. Stock, and would not see him.

GUILTY . Aged 27.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-602
VerdictGuilty > lesser offence
SentenceMiscellaneous > fine; Imprisonment

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602. GEORGE TONBRIDGE was indicted for assaulting Sarah Seddon with intent, &c.

GUILTY of a common assault. Fined 5l. [and] Confined Fourteen Days.

NEW COURT.—Tuesday, February 10th, 1846.

Seventh Jury, before Edward Bullock, Esq.

2nd February 1846
Reference Numbert18460202-603
VerdictNot Guilty > unknown

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603. JOHN CORFIELD was indicted for unlawfully assaulting William Brine, with intent, &c.


THIRD COURT.—Saturday, February 7th 1846.

Before Edward Bullock, Esq.

2nd February 1846
Reference Numbert18460202-604
VerdictGuilty > pleaded guilty

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604. JOHN HUGHES was indicted for stealing, on the 1st of Jan., 20lbs. weight of lead, value 3s., the goods of Christopher Pursey, his master; to which he pleaded

GUILTY . Aged 22.—Recommended to mercy. Confined One Month.

2nd February 1846
Reference Numbert18460202-605
VerdictNot Guilty > unknown

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605. ROBERT WOOLNOUGH was indicted for stealing, on the 25th of Jan., 1 shilling; the money of Alfred Bradford, his master.

ALFRED BRADFORD . I keep the White Horse public-house, at the corner of Stepney-green—the prisoner has been in my service seven or eight months—in consequence of something, I communicated with the police on the 24th of Jan.—I marked twelve shillings, and gave them to the police to spend at my bar—it would go into the till—on the afternoon of the 25th of Jan. I cleared out the till and found eleven of the shillings—I sent to the policeman

and charged the prisoner with having some of my property in his possession—the policeman asked him to produce what money he had—I saw the money he produced, and knew one of the shillings by a mark on the rim—it is the mark I had cut—I gave it to the policeman—this is it—(produced)—I know it by the mark.

Cross-examined by MR. WILDE. Q. Might he not have had the twelve shillings delivered to him and have put in eleven shillings and two sixpence? A. He might—I did find some sixpences there—there might have been half-crowns there—I had him from the country—I had a good character with him—as far as I know he conducted himself with great propriety—I cannot say whether there were more than eleven shillings in the till.

WILLIAM DAVISON DAY (policeman.) On the Saturday night I received twelve shillings from Mr. Bradford—I was present when he marked them, and I marked them myself likewise—I was not to pass them till the Sunday afternoon—on the Sunday afternoon, about three o'clock, I had a bottle of sherry and a pint of brandy—I gave the prisoner 8s. for them, and he gave me a 4d. piece and two 1d. pieces in return—I saw him put the 8s. into the till—a person came for some beer, and I saw the prisoner receive 6d.—he opened the till, but did not put it in, and when he drew me the brandy I saw him put it or something into his waistcoat-pocket—I afterwards sent four shillings to the house by How—I showed them to her previous to her going—I was called in shortly afterwards by Mr. Bradford—I saw the prisoner—Mr. Bradford accused him of having some of his property in his possession—I asked what money he had got—he took three sixpences out of his waistcoat-pocket—I asked if that was all, and from his trowsers-pocket he produced a shilling—I knew it again, and Mr. Bradford identified it—there is my mark on it—I am able to swear it is one I had sent—I had sent three—they were quite new shillings—when he was accused he said he did not steal it—I afterwards searched his box up stairs, and found four shillings rolled up in a neck handkerchief—he said that was part of his wages he had received from Mr. Bradford—he had taken 1l. a month ago.

JEMIMA ELIZABETH HOW . I live at Mile-end-place—I remember receiving some shillings from Day—I looked at them—I should know them again—I fetched a bottle of port wine, and gave the shillings to the prisoner who served me—he opened the till and appeared to me to put them in.


2nd February 1846
Reference Numbert18460202-606
VerdictsGuilty > unknown; Guilty > unknown

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606. ELIZABETH HAGGETT was indicted for stealing 1 spoon, value 35s.; and 1 table-cloth, 1l., the goods of George Parkinson, her master, and MARY HAGGETT for feloniously receiving the same, well knowing them to have been stolen.

GEORGE PARKINSON . I am a tailor and draper, and live at No. 32, Wapping-wail, Shadwell. The prisoner Elizabeth came into my service on the, 1st of Jan., and left on the 16th—I missed a silver spoon on the 16th, while she was in my service—this is it (produced)—it is my property—I spoke to the prisoner several times about it—she always denied having seen it—I had the charwoman searched—on the 16th of Jan. the policeman Crook came and said something to me—the prisoner was not there at that time—I afterwards went into the kitchen—the prisoner was there—I asked her if she knew anything about the spoon—she said no, she had never seen it—the policeman spoke to me about a table-cloth, which was only missed about an hour before—I asked her if she had seen it—she said she knew nothing at all about it at first, but on coming to close question her, she said her mother had come to ask her if she would give her anything to make any money of, and she had

given her the spoon—I gave her in charge—she went with the policeman—they went to the pawnbroker's first and got the table-cloth—she owned to the table-cloth then—this is the cloth—(produced)—it is my property.

THOMAS ALLEN . I am a pawnbroker, at No. 11, Osborne-street, Whitechapel. On the 12th of Jan. the prisoner Mary came to our shop and brought this spoon—it was bent about very much—it was nearly a new spoon—I made inquiries about it—the initials were upon it—she did not give a satisfactory account, and I gave her in charge—she said her name was Porter, and the spoon was given her by a relation, whose name was Porter—J. F. P. is on the spoon—I asked her about the F., whether there was another letter on the spoon, and she could not give me an answer.

JAMES CORBRIDGE . I am a pawnbroker, at No. 78, Ratcliff-highway. On Saturday night, the 10th of Jan., I received a table-cloth from Mary—I am sure it was her—she did not say anything about it.

EDWARD CROOK (policeman.) I took the prisoner Mary into custody on the 12th, and Elizabeth on the 16th—Mary was charged with another offence—she said she would say nothing about it—I searched her, and found eight duplicates upon her, one of a table-cloth, and different other things—I found no duplicate of the spoon—I took Elizabeth on the 16th—Mr. Parkinson asked her whether she knew anything about the spoon—she said, "No"—he said, "The constable has come for you," and afterwards she said her mother came to her—I took her to the pawnbroker—she saw the table-cloth there, and said, "I did it—I took it."

Elizabeth Haggett's Defence. I took the things; my mother is quite innocent.

Mary Haggett pleaded poverty.



Confined Four Months.

2nd February 1846
Reference Numbert18460202-607
VerdictGuilty > unknown

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607. THOMAS CLENCH was indicted for embezzlement.

MARY LLOYD . I am in the service of Mr. James, of St. George, Sloane-street, who dealt with Mr. Thursfield for grocery. On the 14th of Jan. I gave the prisoner 18s. 8 1/2 d. for his master—he had this bill with him—(produced)—I saw him sign his name upon it—I had seen him before at the house—he went away and I took the bill up to my mistress.

HARRIETT BROOKE . I am living with Ann Ravenscroft, in Warwick-street, Charing-cross. On the 27th of Jan. I paid the prisoner 11s. 8 1/2 d. for Mr. Thursfield from my mistress—he signed a receipt, which I have here—I took him into the counting-house and saw him sign it.

Cross-examined by MR. PAYNE. Q. Had you been in the habit of seeing him before? A. No.

EDMUND THURSFIELD . I am an oilman, and live in Oxford-street. The prisoner was my errand-boy—he was authorized to receive money for me, which he was to bring back to me and pay—he returned to me on the 14th of Jan. and stated the party was from home, and the money would be paid next time—he has before accounted to me for money received from Mr. St. George, but not on the 14th of Jan.—he did not bring me any money on account of Mrs. Ravenscroft—he came home on the 27th of Jan., and said the party was from home, and he was to call another day for it.

Cross-examined. Q. How long had he been in your service? A. From Nov.—he certainly did not pay the 11s. 8 1/2 d. at the desk—I keep a book in which I enter the sums—I have not the book here—11s. 8d. was entered in the day-book—I am quite sure it was not crossed out—I saw it yesterday, and was quite surprised it was not paid at the time—he said the party was

from home, and he was to call again—my wife and apprentice receive money—they are not here, nor my books—I did not offer to receive the money back from his mother—his mother told me he was gone away—he came back on the Monday—he then said he had lost the money.

GUILTY . Aged 17.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-608
VerdictGuilty > unknown

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608. THOMAS SALTER was indicted for stealing 3 gas-fittings, called backs, value 2s.; 3 swings, value 2s.; 8 feet of brass tubing, value 4s.; and 3lbs. weight of brass, value 3s. 3d.; the goods of Alfred Toy and another, his masters.

JOSEPH DALTON (City police-constable, No. 366.) I was on duty in Shoe-lane on the afternoon of the 14th of Jan. about half-past one, and saw the prisoner in a marine-store shop, 92, Shoe-lane, kept by one Horn—he was taking brass out of his pocket, and putting it into a scale—it was being weighed—I stopped a minute or two, thinking I should catch the receiver—after I heard the brass done rattling, I walked into the shop, and saw the prisoner there, the brass in the scale, and a man near the scale—I asked him where he brought the brass from—he said it was his own property, that he was in business for himself in Westminster—I think he said either James-street or Charles-street, No. 6—I said, "What, come all the way from Westminster, to this marine-store shop, to sell this brass!"—I took it out of the scale, and put it into a handkerchief—it weighed about 12lbs.—I took him to the station—he gave the name of Smith at the station—he said he bought the brass of Mr. Whitfield, in Fleet, street—I went up to Mr. Whitfield, and asked him if the name of Smith dealt with them, and he said, "No"—when put into the cell he said, "Here, policeman, I want to speak to you; I do work for Toy and Anson, and so does my wife, and the property is all stolen"—I then went and got the foreman—I left the brass at the station—it is here.

Cross-examined by MR. O'BRIEN. Q. Did he say at the station that he was in business for himself? A. Yes—after he was in the cell, he said he worked for Toy and Anson, he and his wife, and the property was stolen.

JOHN PEMBERTON . I am foreman to Messrs. Alfred Toy and Edward Anson—there is no other partner—they are engineers and brass-founders, at No. 28, Leicester-square—the prisoner was in their employ for about two years and a half—these things are the goods of Messrs. Toy and Anson—I saw three of them, in particular, safe on the 14th, at eleven o'clock, on the bench by my desk, at the top of the factory, in the shop where they work.

Cross-examined. Q. Do you identify every one of the articles? A. Yes, and this in particular (a bit of brass tubing)—I saw this safe on that morning—I can swear positively all these articles belong to my masters' stock—this has no mark at all—I know it by the size—this is a 3/8 brass-tube—this is a different size—it is a 3/8 larger size—there are different sizes—I can swear to it by the quality of the metal—such articles as these might be found in any engineer's establishment—I identify these by the peculiarity of their size—they are various diameters and various thicknesses—they are diminishing sizes—some of them are marked, that is to say, they are country cast, not London manufacture—no other engineer in London gets this casting—this pattern was made by my own hands, and I know it by the peculiarity of the make—these things were in that part of the workshop nearest to the shop where the prisoner was—there were not many men working there—there might be two and himself going there occasionally—these things are given out in the bottom warehouse, and some are kept in the shop—I cannot say whether these were taken from the shop or warehouse—I had charge of them

as foreman—we have, perhaps, twenty men in the shop, they had equal access to these articles in the shop, not in the warehouse—I can identify three of these articles as having been in the warehouse—I gave out two dozen articles similar to these for the men to work on—if these are not similar, they are the same—they may be the same, but I am sure these three were on the bench that morning—they were not given out.

COURT. Q. What do you mean by giving out? A. Delivering things to the men to work up, in piece-work on the premises—they do not go out of doors.

MR. O'BRIEN. Q. You do not recollect giving any articles of this kind out to the prisoner? A. Oh dear! no; he had nothing to do with this sort of work—it is not in his capacity at all—other men have these sort of things to work on, but not him.

GUILTY .— Confined Twelve Months.

2nd February 1846
Reference Numbert18460202-609
VerdictGuilty > unknown; Guilty > unknown

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609. JOHN HAWKINS and ALFRED HERRING were indicted for stealing 1 chaise-harness, value 2l., and 1 cloak, value 12s.; the goods of William Woodthorpe Williams: 2 coats, value 2l., and 1 scarf, value 8s. 6d.; the goods of James Richard England: and 1 coat, value 12s., the goods of Richard Scrivener; and that they had both been before convicted of felony.

JAMES RICHARD ENGLAND . I live at Hackney-road—on the 8th of Jan., about four o'clock in the afternoon, I left my master's stable—his name is William Woodthorpe Williams—I fastened the door, and left everything safe in the stable, I went again about seven o'clock in the evening, and found the small door open, and the bolt nearly forced off one of the gates—I missed a cloak, the harness, a horse-cloth, two coats of mine, and one of the boy's, and a scarf in the pocket of one of the coats—I have not seen either of the coats again—I have seen part of the harness, none of the other things—this is it—(produced)—it was lost at the same time—I know it, it is that which was in the stable—I have not seen the collar or the scarf—one coat belongs to Richard Scrivener—the cloak belongs to my master—I have not seen it again—Claremont-cottage is about twenty minutes' walk from my master's.

Hawkins. Q. How can you swear to the things? A. I have cleaned them some hundreds of times—I can swear to it by the way it is marked, and the cross is worn—I have continually used it every day.

WILLIAM WHITE SNELGROVE . I am ten years old, and live at Claremont-cottages with my father. About four o'clock on Thursday afternoon I was playing about Claremont-cottage, and saw the prisoners go into Mr. Neale's, in Claremont-cottages—Herring was carrying a bundle—they both went into Mr. Neale's house together.

HENRY KING . I live at No. 19, Tokenhouse-yard. I know both the prisoners—on Friday, the 9th of Jan., about eleven in the forenoon, I was passing the Police-court, Worship-street, and saw the prisoner Hawkins taken into the court—I stopped by the court, and then went away—about half an hour afterwards I met Herring and told him I saw Hawkins taken into the Police-court, and asked him what he had done, and when he was taken—he said, "Last night, on suspicion of stealing harness"—he said nothing about coats—he said they took the harness in a donkey-cart, and they were to have 17s. for it, and they had sold it for 17s. in a public-house in the lane—I suppose they meant Petticoat-lane, that they were to have 17s. for it, and they took it in the public-house, and when they got there the bundle was missing, and they went back fetched the bundle, and when they got in the lane they saw two bobbies, and they went in to have some beer, and the bobbies came in and hauled them—Herring

said he had stepped back hecause he had another coat underneath his own coat.

WILLIAM DAY DAVIS (policeman.) On the 8th of Jan. I met the prisoner Hawkins in Petticoat-lane—he had this bundle underneath his arm—I followed him into a public-house in Petticoat-lane—I saw a person resembling Herring walking about ten feet behind him—he had nothing that I could sec—Hawkins had nothing besides the bundle—I went into the public-house and asked what he had got there—ho said, "Some harness"—I asked if it was his—he said, "Yes"—I asked how long he had had it—he said, "I bought it to-day at Highgate"—I said, "What did you give for it?"—he said, 4s.—I followed him out of the public-house and asked him where he lived—he told me in Union-street—I put other questions to him—he could not answer them, and I took him into custody.

Hawkins. Q. You say you saw me and Herring in company? Witness. Herring was ten feet behind him—I did not think at the time they were connected.

GEORGE KEMP (policeman.) I produce a certificate of Herring's former conviction from this Court—(read confined six months)—I was present at the trial—he is the person—he has been convicted twice since then.

WILLIAM EDWARD BALL (policeman.) I produce a certificate of Hawkins's former conviction—(read confined three months)—I was present at the trial—he is the person.



Transported for Seven Years.

2nd February 1846
Reference Numbert18460202-610
VerdictNot Guilty > unknown

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610. JOHN VOLL was indicted for stealing, on the 30th of May, 1296 yards of silk for hat bands, value 5l.; and 5,616 yards of galloon, 15l.; the goods of Charles Spiers, his master.

JOHN MASON . I am foreman to Mr. Charles Spiers, a silk manufacturer, in Spital-square. The prisoner has been employed by him as a silk-weaver between two and three years—he wove hat-bands and galloon—he absconded somewhere about the 30th of May or 2nd of June, 1845—he did not return—on the 15th of Jan. I delivered him some materials to manufacture—this is my writing—(looking at a book)—I delivered him sufficient silk materials to manufacture 28 gross of satin bands, 3lbs. 14oz. in weight, that ought to have manufactured 28 gross—20 gross were manufactured, and that left eight deficient—the 20 gross were returned to Mr. Spiers—on the 22nd of March I intrusted him with sufficient to make 27 gross of galloon—he returned 18 gross out of the 27, leaving a deficiency of 9 gross—they have never been returned—on the 29th of March I intrusted him with silk materials sufficient to make 27 gross of silk galloon—18 gross were returned, 9 gross were deficient then—on the 22nd of April I delivered to him sufficient silk materials to manufacture 27 gross of silk—6 gross of them were returned, leaving a deficiency of 22 gross—I spoke to him about these things many times, and his answers were most vexatious and frivolous—sometimes he would say he had lost a brother, at another time that he had been in the hospital, and another time that he had a tumour on the breast, and many other frivolous things—they ought to have been returned in about five weeks after he had them out—on the 31st of May last, in consequence of information I received, I went to his house—I did not get admission then—on the 2nd of June I called again, but could not find him at home—I applied to the Magistrate at Worship-street for his advice, went down again, procured a ladder, got in, and lound Mr. Spiers's work cut entirely from the whole of the four looms which he had there employed for Mr. Spiers—I found

the remnants of these few cotton bands for the hats—I gave information to the police—I did not sec the prisoner again till the 19th of Jan.—he was then in custody—the silk I gave him was Mr. Charles Spiers' and the galloon too.

JOHN SUTTON . I make galloons for the prosecutor—I worked for the prisoner—on a Saturday evening in June as we finished the warps he wound them up—I did them up in bundles, and I helped him pack them—I do not know what he did with them—I saw him cut them out of the looms and pack them up and put them into papers.


2nd February 1846
Reference Numbert18460202-611
VerdictGuilty > unknown

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611. BENJAMIN JONES was indicted for embezzlement.

ANDREW JOHN DORWOOD . I am a baker, and live in High-street, Shoreditch; the prisoner was in my service as journeyman; it was his business to carry out the bread and receive money. I serve Mrs. Park with bread—it was part of tbc prisoner's duty to take bread to her, and receive money from her—her bill was sometimes paid weekly; sometimes it might go a fortnight, sometimes more, sometimes less—when he received money it was his duty to bring it back to me directly—he went his rounds, and after he had done serving the customers he came and paid me, or accounted to me for the money—on Saturday, before the 26th of Jan. I had a bill against Mrs. Park for 8s.—the prisoner did not account for that—he did go for it I believe—it was his business to go for it—he never paid it me—I settled his book myself that day—I do not know whether he keeps a book himself—he does not produce one to me—I call the names from this book, and if any one has paid him he tells me and pays me—I called Mrs. Park's name on Monday 19th, and he said they did not pay—I asked him again on the Wednesday alter—he said she had paid 5s., and he paid 3s. more to make up the 8s.—he said nothing about the 8s. on the Monday—he said on the Wednesday that he had paid me on Monday—that was not true—I denied receiving it, and discharged him next day—the 8s. is marked off to Mrs. Park in the book; I cannot tell who by; I did not do it—no one had any right at my books, but they might do so without my knowledge—the prisoner came in at eleven o'clock on Wednesday evening, instead of returning after serving his customers—I said, "It appears you did not pay my father anything last evening, and now the names of three persons are erased"—he said, "Well, Mrs. Park I know paid me 5s. of the money, and I paid you 8s.; I put 3s. more to it myself, to make the bill right"—he did not say to prevent a mistake—(looking at his deposition)—I signed this, and it was read over to me—he might have said "to prevent a mistake," but I have no particular recollection of it.

Cross-examined by MR. PAYNE. Q. Has he not made mistakes once or twice, and were you not informed of it by Mrs. North, and that it was no fault of his? A. I have no recollection of it—I heard her examined before the Magistrate, but did not pay particular attention—I heard her say the prisoner once received less than the bill by mistake, that she named it to me, and I said he was not to blame—three families live in Mrs. North's house, who have bread from us—he has kept money paid him by Mrs. North till the other parties have also paid him, but that was not right—my wife has nothing to do with receiving money—I am certain she did not settle accounts with the prisoner that week—I was there myself to settle, except one day, and then my father did it—the prisoner can read and write imperfectly—here are the names crossed out—he only serves about twelve customers—ours is a ready-money trade.

COURT. Q. Did he account to you for any money received from Mrs.

North on the Saturday? A. No—he did not tell me she had not paid him—he said nothing about it.

CATHERINE PARK . I am the wife of Joseph Park, and live in Osbornesquare, Stepney. I owed the prosecutor 8s. for a week's bread—I paid the prisoner 5s. on that day.

Cross-examined. Q. Did you ever see him write? A. Yes—he signed his name very imperfectly—he never had a book with him—I have paid him money for the last twelve months.

MARTHA NORTH . I am the wife of Thomas North, of Norfolk-street, Cambridge-road. On Saturday, the 17th of Jan., I paid the prisoner 6s. 1d. for bread.

Cross-examined. Q. Do you remember Mrs. Chapman paying him 3s. 4d. the same day? A. Yes, I remember her having her money back from the prisoner's wife, as having been paid in for Mrs. Simson in mistake—Mrs. Simson lives with us—I mentioned it to Mr. Dorwood, and he said he was not to blame in that instance—I never saw him with a book—my mot er's bread and mine are delivered together and paid for as one.

HANNAH CHAPMAN . I am the wife of James Chapman, and lodge with Mrs. North. On Saturday the 17th of Dec. I paid the prisoner 3s. 4d.—I afterwards got 3s. 6d. back—I was to give the prisoner the 2d. difference—his wife gave me the 3s. 6d., and said there had been a mistake, but I was not to say I had paid it on the Thursday.

ANDREW DORWOOD . I am the prosecutor's father, and live with him—the prisoner sometimes accounted to me for money—on Tuesday the 20th of Jan. he accounted to me for no bills—he has not accounted to me since—he did not account to me for either of these sums or say anything about it—he paid me for one quartern and a half, and a 2d. loaf—I said, "Is this all the money"—he said "Yes that is a shop that pays on delivery"—that is all the money, and all that I received.

(The prisoner received a good character.)

GUILTY . Aged 26.— Confined Six Months.

2nd February 1846
Reference Numbert18460202-612
VerdictGuilty > unknown

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612. CHARLOTTE HEMS was indicted for stealing 3 shawls, value 7s. 6d., the goods of Joseph Iron Winstanley.

JOHN WHEELER . I am in the employment of Joseph Iron Winstanley, a hosier—on the 4th of Feb., at a quarter to seven o'clock in the evening, I saw the prisoner with two more females, sometimes standing at the door, and returning in front of the window—one of them, not the prisoner, pulled these cashmere shawls down, which hung on an iron—they were all three together—I saw the girl hand them to the prisoner, who put them under her shawl, under her arm—I ran out and caught hold of both of them—the other got away—I kept the prisoner, she dropped the shawls—I took them up and gave them to the policeman.

Cross-examined by MR. PAYNE. Q. Did you say a word to the Magistrate about the other handing them to the prisoner, and her putting them under her shawl? A. No—I was not asked the question—I was asked what I saw—there was not a crowd when they came to the door—there was afterwards—the shawls could be taken down without coming into the shop—I never saw any partner in the firm.

JOSEPH JAMES COLE (City-policeman.) I was on duty in King William-street, where the prosecutor's shop is, about half-past seven, and heard a cry of "Police"—I turned round and saw the prisoner and witness scuffling—I took her—Wheeler took up these shawls and gave them to me.

JOHN WHEELER re-examined. These are the shawls I saw one of the girls pulldown—I know them by our private mark.

GUILTY .— Confined Two Months.

2nd February 1846
Reference Numbert18460202-613
VerdictGuilty > unknown

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613. JOHN DEAN was indicted for stealing 19 gross of corks, value 13s.; and 1 bag, 1s.; the goods of Edward Joseph Godfrey, his master.

EDWARD JOSEPH GODFREY . I live in John-street, Old Kent road—I am a cork-manufacturer—on the 9th of Dec. I employed the prisoner to unload a van at my residence—he asked if I could give him a job as he was in a starving condition—I went out with him next day to hawk corks—we each had a bag of corks—he said he would sell corks for me, and induced me to come with him—on the 19th of Dec. I gave him a bag containing nineteen gross of corks, worth about 13s., and went with him, having a bag myself—I went to Tothill-street, Westminster, and there I missed him—we were walking on each side of the way, trying to sell them; I did not see him again till the 16th of Jan.—he knew where I lived—he had gone from my place—I afterwards received information, and went to St. George's workhouse, near Wapping, and found him there, unfit to be removed—I asked what he had done with the goods—he said he had lost them—I asked why he did not come and acquaint me with it—he said he had been in a bewildered state—I gave him in charge on the 19th, when he was fit to be removed.

JOHN WOOD (policeman.) I apprehended the prisoner on the 19th of Jan.—he said he should say what he had to state before the Magistrate.

(The prisoner put in a written defence, stating that he had missed the prosecutor in the street, that he put the bag off his shoulder to rest himself, and on turning round it was stolen; he became bewildered, and did not know what to do, and having no money went to the workhouse.)

GUILTY . Aged 38.— Confined Three Months.

2nd February 1846
Reference Numbert18460202-614
VerdictNot Guilty > unknown

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614. WILLIAM WOOD was indicted for stealing 1 coffee-mill, value 3s.; the goods of Mary Jones.

MARY JONES . I am a widow, and live in Little Surrey-street, Blackfriars-road. I moved from Bow—the prisoner lodged with me five or six weeks—I removed to my present place on the 20th of Dec., he helped me pack my things, and took down my bedstead, he staid till the next Saturday, and helped the men with the things out of the cart, in Little Surrey-street—he called on me on Saturday—I then had the coffee-mill packed in a basket with some crockery—I was called down stairs, and while I was down he could have put the mill into his pocket—I left him in the first floor room—he was there when I came back—I missed the mill about half an hour after he was gone—I have not found it.

JOSEPH BENTON (policeman.) I live at Stratford—from information I received I took the prisoner into custody, on the 5th of Jan., at Bow—he said he knew nothing about this robbery—I got some duplicates from a young man named Henry Brady—the mill has not been found.


2nd February 1846
Reference Numbert18460202-615
VerdictGuilty > unknown

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615. WILLIAM WOOD was again indicted for stealing 1 pair of scales, value 4s., the goods of John Jones; and 1 coat, 1l.; the goods of Mary Jones; and that he had been before convicted of felony.

MARY JONES . The prisoner used to come to my house while I was at Bow—I had a pair of scales belonging to my son John and a coat—he is twenty-five years old—I had a coat belonging to my husband, who is now dead—I missed all these things, on the 9th of Dec.—the scales now produced are my son's—he made them himself—I have not found the coat.

Prisoner. She said another lodger stole the scales. Witness. I did not suspect any one else—the prisoner lodged with me at Bow.