Old Bailey Proceedings.
23rd February 1846
Reference Number: t18460223

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Old Bailey Proceedings front matter.
23rd February 1846
Reference Numberf18460223

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On the Queen's Commission of the Peace,



The City Of London,





Held on Monday, 23rd February, 1846, and following Days.

Before the Right Hon. JOHN JOHNSON , LORD MAYOR of the City of London; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Henry Maule, Knt., one of the Justice of Her Majesty's Court of Common Pleas: Thomas Kelly, Esq.; Sir Chapman Marshall, Knt.; John Humphrey, Esq.; Michael Gibbs, Esq.; Aldermen of the said City: the Right Hon. Charles Ewan Law, Recorder of the said City: John Kinnersley Hooper, Esq.; John Musgrove, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; William Hughes Hughes, Esq.; and Francis Graham Moon, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.


First Jury.

George Champ

Thomas Stephen Taylor

John Cornish

William Deakin

John Davidson

Archibald Goodall

Richard Douglas

William Hammond

Charles Brown

John Henry

Henry Deacon

Owen Dallam

Second Jury.

John Cowper

John Bacon

Henry Dugdale

George Bridges

James Brown

Thomas Allford

John Dennis

John Dobly

Charles Day

John William Alder

Thomas Harding

Stephen Arundel

Third Jury.

Charles Crook

John Brooks

Joshua Harwood

Edwin Dipps

Mark Baker

William Thomas Baker

Joseph Birch

John Brett

Thomas Beecham

Robert Aycott

George Lock

James Clark

Fourth Jury.

John Crallett

John Drew

John Rouse

William Grace

George Greenwood

Robert Crew

Stephen Crouch

Benjamin Chesterman

John Adams

George Crossley

Thomas Cawthron

Stephen Arundel

Fifth Jury.

Vincent Grose

George Hall

Thomas Gunner

James Dingley

James Chipperton

Joseph Dyer

John Hammond

George Benjamin Edwards

Richard Davies

George Stevenson

George Burger

Henry Blundell

Sixth Jury.

Thomas Joseph Clark

John Harris

Arthur Brice

Edmund Leneve Roffe

George Butler

David Anderson

John Hunt

George Baird

William Bowler

William Harradine

Ebenezer Fillister

Thomas Courtney.



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, 23rd February, 1846.

First Jury, before Mr. Recorder.

23rd February 1846
Reference Numbert18460223-663
VerdictNot Guilty > unknown

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663. MARY ANN PERRY was indicted for wilful falsehood.

MR. PARRY conducted the Prosecution.

WILLIAM WHITEHEAD . I am one of the registrars of the Court of Bankruptcy. I produce a petition and schedule filed by the defendant at the Bankruptcy Court—it is headed, "Petition of Mary Ann Perry for protection from process, under 5 and 6 Vict. c. 116, and 7 and 8 Vict., c. 96"—this is the statement about George Levy—(reads)—'George Levy, Great New-street, Fetter-lane, London, 45l. 5s. 6d.; contracted, 1844; as the holder of a promissory note, stated to bear date 21st Dec., 1844, for 45l. 5s. 6d., on demand, said to be signed by me as the drawer, but which I dispute, having never signed any such instrument"—the defendant was sworn to the truth of the contents of that petition and schedule—I am the officer under the Act of Parliament to administer the oath—it is, "That is your name and handwriting? are the contents of the affidavit and schedule annexed true?"—she has signed it—that is the oath I administered to her; but here is a written affidavit annexed.

CHRISTOPHER ROBSON . I am the solicitor to Mr. Levy, the prosecutor of this indictment, and reside in Clifford's-inn. I was employed by him to oppose the defendant on her application for protection from process of the Court of Bankruptcy—I was present at her examination before Mr. Commissioner Evans, on the 25th of Sept., I believe—I heard her sworn before the Commissioner, by the usher of the Court, to speak the truth, the whole truth, and nothing but the truth—I examined her on that occasion—I showed her this promissory note, (produced,) and said, "Is the signature to that note in your handwriting?"—she said, "No"—(this was not taken down in writing)—I then said, "Did you sign that note in the presence of Mr. Couch and his

son?"—she said, "No, I never signed it, it is a forgery"—she obtained her final order for protection from process on that occasion—it is annexed to the proceedings that are here—she was not in custody at all—according to the practice of that Court, a vexatious defence to an action is a ground for the refusal or dismissal of a petition—there is no rule of Court on the subject—it is the practice.

Cross-examined by MR. CLARKSON. Q. Were you concerned in an action that was brought against her at Bristol? A. Yes, I was—she was then living at Colchester—she pleaded to the action that she had not made the note.

COURT. Q. She always continued in the same story? A. Yes, always.

WILLIAM COUCH, SEN . I am a cabinet-maker and pianoforte-maker, and reside at Colchester. In Sept., 1842, Miss Perry came to board and lodge with me and my wife—I had known her before—she was to pay 11s. a week for board and lodging, and instruct my children in the pianoforte, if they required it—I had three daughters—the 11s. a week was in consideration of the instruction—it would have been more if she had not instructed them—there was no document in writing—she was a teacher of the pianoforte to other pupils in Colchester, and she was to have the use of my piano to instruct her other pupils upon—she continued to board and lodge with me under that agreement till about a month after Dec., 1844—my wife left me in Dec., 1844; and in consequence of that, Miss Perry said to me she was advised to leave as soon as she could get employment; she thought she ought not to remain in my house—I said she could remain for a week or two, till she could suit herself, and then leave.

Q. Was anything said about the settlement of any matters between you? A. Yes—I said if she would bring her book down, (for she had one similar to this,) we would settle up the accounts, and see what there was due—she had lived in my house more than two years—this is the book I had—it was shown to Miss Perry, and she brought me her book, and I balanced it up like this—there was a balance of 45l. 5s. 6d. due from her to me—that was from Sept., 1842—I think some of the account was contracted in April, 1842—this is the book Miss Perry showed to me at the time—it comprehends thirteen weeks in 1842, and the four different quarters in each of the succeeding years—these books were balanced up at different times before—when she paid me money from time to time, this book was brought to me, and I entered it both in hers and mine—there are other items in the book besides the item for board and lodging—there is an item for the funeral expenses of her mother—she signed the book—this is her signature—after the balance was ascertained, I said to her I should like a note for the amount—she said if I required it she would give me one—(I have resided in Colchester about fourteen years—I have not been in business above nine)—I sent my son out for a stamp—he brought me one, and I drew the note for 45l. 5s. 6d.—all the note is my writing, except the signature—after I had drawn it, I read it to her, and asked if she understood it—I read it to her in the kitchen, where we generally take our meals—it is a large room, for dining and breakfasting in—she said she perfectly understood it, and she signed it in my presence and in the presence of my son—my son's signature is attached to it as a witness—I wrote the words "Witness to the signature," and my son put his name to it.

Cross-examined. Q. You say you knew this lady before she came to board and lodge with you; had you any acquaintance at all with her except that which you acquired through her knowing Mrs. Couch? A. No, not that I am aware of—Mrs. Couch is a Roman Catholic—she was a member of the Church of England, and so was I—I adopted the Roman Catholic faith about

three or four years ago—I knew Miss Perry's mother—the very first item in this book is a charge for her mother's funeral—I did not know her father—I have no doubt he was a highly respectable solicitor at Colchester—I do not know when he died—I did not know much about the circumstances of Miss Perry and her mother—the mother died, I think, in April, 1842, a few months before Miss Perry came to lodge with me—at that time Miss Perry was labouring as a teacher of music to maintain herself and mother—I do not know the house in which they lived before her father's death, and do not know that it was one of the best houses in Colchester—I am not aware that Miss Perry did any household duties when lodging with me—I am not aware that she assisted Mrs. Couch in preparing dinner and cooking victuals—we kept a servant—she might have assisted without my knowledge—I believe her connections in the neighbourhood of Colchester were of the highest respectability—I do not recollect making the arrangement with Miss Perry about boarding with us, in walking from Easthill, Colchester—I do not recollect where it was that it was agreed she should teach my children for the 11s. a week.

COURT. Q. Did she in fact teach your children? A. She gave them a little instruction occasionally.

MR. CLARKSON. Q. Did you not yourself actually take lessons in music of her? A. It was not any undertaking of hers—she gave me about three lessons—she professed to give me lessons for one quarter—I am not aware that she gave me more than three lessons—I believe that was the extent—it might be either two or three—I would not be positive—it might be four—it was very few—she gave daily lessons to my daughter Jane, who is now dead—she was alive when Mrs. Couch left me—I told Miss Perry that Mrs. Couch and I were thinking about 11s. a-week for her board, including the teaching of the children, but I do not know whether that was on East-hill or not—she did not reply, "It must depend entirely on the number of my pupils; I cannot pay you such a Sum as 7l. per quarter, or any sum of money by the week, as you know I am dependent on the pupils I obtain"—she never said anything of the sort—I swear that—I do not recollect her saying,"You know, Mr. Couch, I have not 6d. in the world, except that which I earn"—I knew she had not more than she earned—I have got two or three articles of hers—I have not got all that she had—she sold them to a broker, and ordered him to pay me the proceeds, 5l. 10s.—I believe she first spoke to me about leaving—I received from her the means of obtaining a legacy that was left her—she thought it would have been 5l., but it was only 3l. 13s. 11 1/2 d.—I received that after the balancing of the account—I have not seen any linen that she left behind—there are two or three garments—she left a few things—I am not aware whether it was all she had—she left a cloak and gown and two or three old bonnets, lying about on the top of a wardrobe—two of my daughters went to school—the prisoner went to their school for the purpose of teaching them music—she told me on the 18th of Dec. that she was advised by her friends to leave, in consequence of my losing Mrs. Couch—I did not try to persuade her to stay, unless it was to suit her convenience, till she could get a comfortable lodging—she did not quit till, I think, three weeks or a month after the 18th of Dec.—I quarrelled with her before she left—I accused her of telling a falsehood, and she admitted it—she said she had a letter for my late servant in the house, and my daughter asked her if she had seen the servant since she left, in order that we might know where to send the letter to her—she said she had not, but my son had just before told me he had seen them talking together that evening, in Colchester—she denied it, and asked where—I said, "It matters not where, you have been seen talking to her"—she denied it again, and

asked me where—I said, "In St. John-street"—she then admitted that she had, and I asked her how she could tell me such a falsehood—that was the quarrel—I did not call her any names, except as regards falsehood—I said she had told a lie—I did not, to my knowledge, abuse her in the grossest terms, or call her all manner of names—nothing but the word "liar"—the day on which I had this security for the balance was the 21st of Dec., 1844—I think it was about ten, or ten or eleven in the morning, between breakfast and dinner—it took place in the kitchen—I called her to me at a small dresser in the kitchen—I asked her how much she could let me have this Christmas, but that was after the note was signed—she said, "I will do what I can"—I am not aware of saying, "Can you let me have 15l.," but she said she would let me have 15l.—I do not recollect that I said so—I will not be positive whether she said so to me, or I to her—she said, in all probability she would make it up 15l. after Christmas—she did not say, no, she was sure she could not, but she expected to receive 5l., left her by Mr. De Cover, and at soon as she got it I should have it—nothing of the sort—I did not say, "Oh! that is not what I want, I am in such distress to know how I can go on till Christmas"—I wanted money at that time—I was rather in distress to meet my engagements at Christmas—I did not say, "Now I wish you would oblige me with signing this paper" (producing a paper to her)—she took the note from my hand, and read it—she did not take any other paper—there was not on the paper, "I owe Mr. Couch 15l., which I will pay the 21st of Jan., 1845"—I never saw such a paper—she did not say on reading it, "Why, Mr. Couch, I would not put my name to this for the world; it would not be right of me, as I have not 15l. to give; I was never asked to sign anything by anybody in my life"—I did not say, "You don't understand me, Miss Perry, that is not my motive, I merely want to show it is due to me; I have nothing against you in my books"—I was indebted to Mr. Bear, my butcher, at that time—I did not say to her, "Now, if I say to Bear, the butcher, or any others, 'I expect to receive a few pounds from Miss Perry, at Christmas,' they will say, 'We have only your word, Mr. Couch'"—nor did she say, "What can your creditors have to do with me?"—I did not rejoin, "You don't understand me; that is not my motive; I thought you would not refuse to do it, because it can make no difference to you whether you sign it or not"—she did not say, "I shall get into trouble by it," nor did I say, "Why, Miss Perry, do you believe me capable of such a thing?" nor on my faithfully assuring her she should not get into any trouble, did she sign a paper admitting a debt to me of 15l.—I afterwards received from her a memorandum to apply to the Rev. Charles P. King, for the payment of Mr. De Cover's legacy—in my book the account purports to be balanced thus, "Balance due to Mr. Couch, 45l. 5s. 6d. this 21st day of Dec., 1844," and then purports to be signed Mary Ann Perry—it is not signed in his book—I always wrote in her book also—this is all mine, except the signature—the balance is struck and certified in my book, but not in hers—there is nothing in the book, except charges against her, and certain cash payments from time to time—there is nothing about teaching my daughters or myself—nearly the whole of the items are composed of the 11s. a-week, with the exception of her mother's funeral expenses, and some other little items, making deductions from time to time of the cash paid to me—at that time I had a young woman in my service, named Mary Ann Strickland—Strickland was not in the kitchen on the moring of the 21st of Dec., when Miss Perry signed this paper—I was at the trial at Bristol—I heard Strickland sworn and examined there—I had an apprentice named M'Carthy—he came to me, I think, about five

years ago—I am not quite certain—his indentures were burnt in my presence, by the clerk of Mr. Church, the attorney—I believe M'Carthy himself put them into the fire in my presence—I think that was in Jan. or Feb., 1845—it was after Miss Perry had left me—he had enlisted for a soldier more than once, and I said I would have nothing more to do with him—that was the only reason they were burnt, to cancel them—I did not erase the name of a former apprentice from those indentures, and put M'Carthy's on it, and then, to prevent the discovery of the stamp, cause it to be burnt—I never had an apprentice named Lock or Lodge—they were the indentures prepared for a previous apprentice, but had never been signed—I erased the name of a former apprentice, and wrote M'Carthy's name in the body—the stamp was never used for the other apprentice—his name was Smith—it was not observed by me, or in my presence, that I should not be safe until they were burnt—Mr. Church's clerk said he thought there would be some legal objection to it, having been filled up for another—I said I did not want the apprentice any further, as he had enlisted, and that sort of thing, and he advised me to cancel the indentures, not at all as a means to avoid my getting into any scrape—that was not my motive—he said, if I forced it before a Magistrate, there might be some legal objection made to the indentures—when M'Carthy neglected his work I have ordered him to do it—I do not recollect being violent to him—he ran away two or three times; I believe not on account of my violence—I believe he did not leave me on that account—there was no reason why he should leave me on that account on the particular occasions when he did leave—I have treated him with violence when he has neglected his duty—that was not the case with Mrs. Couch also—I swear that—she is now in London, not with me—I saw her this morning—I have been reconciled to her about a few weeks—I corresponded with her before this indictment was prepared—she went away with one of the apprentices—I corresponded with her, from time to time, within a few weeks after she left—I knew where she was—I have been reconciled to her about six weeks—the name of the previous apprentice to M'Carthy was not York—I had an apprentice of that name—he was not the apprentice that the indentures were intended for, and I swear it was not his name that was erased from the indentures—I do not recollect that we dined earlier than usual on the 21st of Dec., it was about one o'clock, I believe—I do not believe Miss Perry left the house till after dinner—I know Miss Emma Clay, of Greenstead, near Colchester—I believe she is a person of respectability, and Miss Johnson also—York came into my service about eight years ago, I cannot say the date exactly—I have had a great many apprentices—he quitted, I should say, about six years ago; I am not quite positive—M'Carthy came about five years ago—york's indentures were burnt, I think they were cancelled, by his father, about two years after he was bound—I believe they were burnt before M'Carthy came, as well as I recollect—I do not exactly recollect whether it was before or after—I do not recollect going to Miss Perry on Sunday evening, the 12th of Jan. last year, and asking her to give me a list of her pupils' names, that I might go and get some money from them—I asked her who owed her money—I do not know that I asked her for a list of her pupils—I will not swear I did not—I do not recollect that she refused—she told me one or two—I do not recollect that she refused; I will not swear either way—she did not refuse—I swear positively I did not ask her for a list of her pupils—I do not recollect doing so—I do not recollect mentioning pupils—I will not swear that I did or did not—I did not, upon her refusing, charge her with knowing of my wife's intention to quit me, and call her an infamous wretch and a base and infernal liar; nor did I add, if she was in hell, I would

take a pitchfork and keep her down—I never made use of such an expression—I am not given to such violent language as that—she did not tell me she could not suffer herself longer to be so insulted, and go into the bedroom of my youngest daughter, and finally quit the house—it was not the following morning before I knew she had quitted my house—I do not recollect exactly the day she left, but I heard of her leaving as soon as she had quitted—she went out in the ordinary way, to teach, and did not come back that night, and I then found she had left—I do not recollect whether it was the 12th of Jan.—it was after the note was given to me—I am not aware that she left the following morning to this conversation—I do not know whether she did or not—I did not ask her again, on the morning before she quitted, for a list of her pupils—I did not tell her, if she did not give me that list, it would be her ruin; that I would post her up in all Colchester as one of the greatest liars and worst of wretches, and that I would have my revenge—I do not recollect, on the morning she quitted, her telling me it was the last time I should have it in my power to insult her—I will not swear either way about it—she did not say she was too well known in Colchester for me to injure her, nor did I reply I had done that already in a way she little thought of—I never had such a conversation—after she left she wrote to my daughter for her clothes—she did not get them or her music—I believe I saw the letter my daughter wrote to her in answer—I did not stand by her, and dictate it to her—I know a person named Robert Shaw King—I did not tell him that though I did not write the letter, I stood by my daughter, and dictated it to her—I saw the letter—this is it—(produced)—I believe it is my daughter's writing—I believe this is the letter that was sent by my daughter—I am not sure of having read it before it was sent—I saw her send it out of the house—I do not recollect whether she showed it to me before she sent it—I will not swear I did not read it before she sent it—I do not recollect whether I read it all through—I read part of it—I do not recollect whether I read the whole—I had at that time and have now in my house two boxes and some wearing apparel of Miss Perry's—I was aware my daughter had written a letter something like this to her, but to say I read the whole of it I cannot; the probability is that I did run it through, but not so particularly as I have done now—it is my daughter's letter—I think I must have read it through, but not so attentively as I have done now—(read)—"Miss Couch begs to inform Miss Perry, in answer to her note received this eve by a boy, that there are a quantity of old dirty pads that Miss Perry has been in the habit of using to endeavour to hide her deformed shoulder, lying about the room, just the colour of the flannel waistcoat that Miss Perry once wore for more than a year without washing, and which her brothers talk of exhibiting for the benefit of old maids and bachelors, and that in their moving a polka dress a large-sized pad fell out; but Miss C. feels too great a contempt for such a lying wretch as Miss Perry has proved herself to be, to take any further notice of her request, and requests Miss Perry will not annoy her any more"—I read all that—I am not aware that it was read over to me to meet my approval before it went—she told me she had written such a letter—she handed it to me and I sent it—I did not know anything about the pads or anything of that sort till my daughter named it—I got 1l. 10s. from the broker for such of her furniture as was sold—I believe the morning she signed the note I asked her when she could pay me—I asked her how much she was going to pay me at Christmas—I never made a demand upon her to pay the note—no demand was made till it went into the hands of the assignee, who is my brother-in-law—I think that was in May, but I am not sure—I have not preferred this indictment—I am not the prosecutor—I was

aware that I was to give evidence in the case—I was not subpœnaed—the indictment was preferred with my knowledge and assent—I do not particularly desire it—I am anxious that my character should be relieved from the imputations that have been cast upon it—I came to no agreement with my brother-in-law about preferring the indictment—he gave notice at the Bankruptcy Court that he should prefer it—the bill was found last Session—I have done only what I considered necessary to the establishment of my character, and no more—I accompanied the officer to the place where Miss Perry was found—I denied the truth of her statement of her not having signed it—I heard that she had been offered a situation in a school in Belgium—I went to Clarendon-square with the policeman to find her—I do not recollect saying, as I walked to the station with her and the policeman, "She can't now stand up and tell me her lies, nobody ever got the better of me"—I will swear I did not say, "Nobody ever got the better of me," no such words—she said she had friends, and I said, "Then you had better make use of them"—I did not call her a liar and a wretch—I swear that positively—I denied her statement saying she did not sign it—I do not recollect that I called her a liar or a wretch in the officer's presence—I will swear I did not call her a wretch, and I do not believe I called her a liar; but when she denied ever having written it, I denied her statement—I called her a liar, but not a wretch—I did not say, "I have got you, and if you had been in France I would have got you, and transported you for seven years"—I did not say I would transport her—I said if she had been in France in all probability she would have been taken—I said I believed the crime of perjury was punishable with transportation—I might have said that—I do not recollect saying it to her—I have said such a thing—I did not tell her she should be transported—she applied to go somewhere, I do not know where, to see her friends—I said, "Let her see none of her friends or anybody else"—I followed her to the station-house in Fleet-street—I went with her from Fleet-street to the Judge's chambers, to ascertain to what prison or station she was to be sent—I was desired to go and identify her with the officer—I do not know that I called her a liar—I do not believe I did—I went next morning and followed her—I understood it was necessary to identify her at the Judge's chambers, that she was the person mentioned in the indictment—I went for that purpose—I do not recollect the policeman telling me not to stay any longer, or that I was not wanted—I will not swear he did not—I believe M'Carthy was at Chelmsford last spring—that is where I understood him to be living—I was then living at Colchester—they are about twenty miles apart—you can go by the rail-road in about an hour—I did not take M'Carthy down to the Bristol assizes.

Q. What was the amount of your debts at the time you gave this note to Mr. Levy? A. Between 700l. and 800l.—I paid 5s. in the pound—I assigned to Mr. Levy everything I possessed, furniture manufactured and unmanufactured, my stock in trade—I made him aware of Miss Perry's property among other, and gave it to him with other property in my house—it is now in my house, at least in his house—he is in possession of all the stock—I reside in the house—the things were never moved out of the house—I did not go to the catholic priest to consult him whether I should get into trouble before I burnt the indentures of M'Carthy—I went to ask him if I should be justified in giving them up to a man who wished to get M'Carthy off from being a soldier by showing the indentures—I did not wish to give the indentures out of my possession, because I knew nothing of the man who was applying for them, and he was desirous of taking them to Chelmsford to show the Magistrate he was an apprentice, to get him off—I told him as there had

been an erasure of the name in the body of the indentures, in all probability they might think they were got up for the purpose of getting him off from the army, and I might be required at Chelmsford to prove that was not the case, because I showed that erasure to the subscribing witness and to the boy and his father when it was first entered into, several years previous, that they had been intended for another apprentice, but not executed, and as he was taken from charity there was no occasion for stamped paper at all, as no premium was paid; but in order to show the boy we were legal, as I drew the indentures myself, I substituted the stamp that was intended for another; and I thought if this man took them to Chelmsford I should have the power I have had over the apprentice taken out of my hands, and probably the Magistrate might compel me to show that the indentures were genuine—that was nearly twelve months before they were burnt—I had a fire at my house in 1841—I think I was insured in the Phœnix—I had tools in my house and workshops—M'Carthy and I had not removed any of them a short time before the fire—if M'Carthy has ever stated that there were any tools removed from the premises for which I made a claim as if burnt, it is not true.

MR. PARRY. Q. I believe the defendant is a Roman Catholic as well as yourself? A. Yes—she was organist of the Roman Catholic Chapel, both before and after she came to live with me—she had been in the habit of getting her living by teaching, before she came to live with me—it has been my impression, since Miss Perry left me, that she has been telling my neighbours that I have committed forgery—York's indentures were burnt, as well as M'Carthy's—he had been in prison several times for various things, trespass, and so on; and on one occasion, by his father's wish, I had him before a Magistrate, to compel him to do his work—it was at his father's request that the indentures were cancelled, and they were Cancelled by burning them—the other indentures had been drawn out in the name of Smith, but had never been signed by the parties—there were little seals put on at the time, and a 1l. stamp—when I erased the name of Smith, and substituted M'Carthy's, the father was not present—I mentioned it to M'Carthy's father, and to the subscribing witness, which is Mary Ann Strickland—she was examined at the trial at Bristol, for the defence, and after her examination, the Jury brought in a verdict for the plaintiff—my son was examined—M'Carthy was not—the balance of 45l. 5s. 6d. is in both of these books—Miss Perry's signature is in the one I retained, but not in the one she retained—the only difference between them was that in the book I retained I had her signature—the writing is, "Balance due to Mr. Couch, 21st Dec., 1842.—MARY ANN PERRY," but she put down the figures, 45 5 6, under my figures—these figures are in her writing—Miss Perry did not retort on me in any way when I called her a liar—she held her head down, and admitted having told me the untruth.

Q. Were you under the impression, from what you observed, that Miss Perry had been the means of separating your wife from you? A. I first asked her if she had received any letter, or knew anything about it; and she denied it—I afterwards found one or more letter, had been addressed to her at Miss Clay's—I told her I had heard there had been a letter delivered to her at Miss Clay's, which was unusual, as she resided at my house—she at first denied it, and then afterwards admitted it—I believed her to be a liar when I called her so—she lived in my house rather more than two years—the butcher's bill I owed was for the supply of meat during the time the defendant boarded and lodged with me—it was to a large amount—I have, with the consent of my creditors, assigned my property to Mr. Levy, my brother-in-law—he

has paid the creditors 5s. in the pound—it is with Mr. Levy's permission that I have whatever of the property I now possess—he has paid all the creditors except one or two.

COURT. Q. Then if you could succeed in enforcing the payment of this note, you would have the money? A. No—what I have in my possession is unmanufactured stock and manufactured stock—the defendant never said to me that she had signed a promissory note for 15l.

WILLIAM COUCH , Jun. I am the son of the last witness. I was living with my father at Colchester, at the time Miss Perry boarded and lodged with him—I remember in Dec., 1844, my father telling me to fetch a bill-stamp—no one was present except my father, when he sent me for the stamp—I brought it to my father—he wrote on it, and told me that Miss Perry was going to give him a note of hand—she was not present then—after he had written on the bill, I went with him into the kitchen—Miss Perry was there when we went in—my father said to her that he had drawn the note out, and he wished for her to sign it; and he gave her the note, which she read—she said, "Very well," and then put her name to the bill—I saw her do that—(looking at the note)—this is her handwriting—my name is on the bill—I witnessed her signing it—I am quite sure I saw her sign that bill—I shall be seventeen years old next April—I have been to sea—I was examined at the trial at Bristol, last spring—I have never had any quarrel with Miss Perry.

Cross-examined. Q. When did you go to sea? A. On the 9th of April last—I came home at the latter part of July—I went for the stamp to Mr. Fantom's, In the High-street, Colchester—I do not know whether he is here—my father wrote the note in his counting-house, before he went down to Miss Perry—after he had written it, he went into the kitchen where she was—he said he wished for her to sign the note—she said she was quite willing to do so—she read the note before she signed it, and my father said to her after she had read the note to herself—"Do you understand it, Miss Perry?"—she said, "Perfectly," and my father said, "To make sure that you should, I will read it out loud again to you," which he did, and gave the note immediately to Miss Perry for her to sign, and she did, and he told me at last, in the presence of Miss Perry, to sign my name to the note, as a witness, which I did—nothing more passed—I then left—Miss Perry went out, and they separated—I cannot swear whether Miss Perry dined before she went out—I cannot swear to the exact time she went out—nothing else was said on that occasion, that I am aware of—all I know is, I saw her sign the note, and my father read it to her—my sister and the late apprentice were in the kitchen at the time—(The witness was here directed to write his name on a piece of paper.)

COURT. Q. When did Miss Perry go out? A. She went out of the room directly after she signed the note—I do not know where she went to—it was in the morning time, an hour before dinner, I should think—we were not assembled in the kitchen for any meal—I paid, I believe, half-acrown and 3d. for the stamp—my father told me to go and get a half-crown stamp, and I believe they charged me 3d.—I saw my father and Miss Perry afterwards standing at the dresser, talking, after I had fetched the stamp—I took the stamp to my father in the counting-house—he wrote the bill there, and then went into the kitchen—Miss Perry was there, and they went to a dresser before the window, where she read the note, and signed it—my father said it would be a satisfaction on both sides, if she was to sign the note—they did not say how it was to be paid, or any part of it—I did not hear anything said about the payment of it—she never mentioned any sum—something was

mentioned about after Christmas—Bear, the butcher, was not named—there was no explanation of what she was to do with it, or what my father wanted it for, or what she would do in consequence—one book was produced from the counting-house—Miss Perry kept the other herself—her book was not produced—my father produced his own at the kitchen dresser, where she signed the note—she signed the book immediately before she signed the note—my father asked me whether I recollected anything at all about it—he never said anything else to me about the note or book, he merely asked if I recollected anything at all about it.

MR. PARRY. Q. Did you state at the trial, at Bristol, what you have stated now? A. Yes.

COURT. Q. What, those particulars about which I have asked you? A. Yes, almost every word I have said now, I said at Bristol—the counsel put several of the questions to me—I do not know whether he put them all, and I gave him just the answers I have given now.

GEORGE LEVY . I am a printer, and live in Fetter-lane—Mr. Couch is related to me by marriage—it is rather an indistinct sort of a relationship—I took all his assets, and have paid all his creditors except one or two—Mr. Couch handed me this bill for 45l. 5s. 6d., drawn on Miss Perry, as part of his assets—I never saw Miss Perry on the subject—I called at her lodging, at Colchester, and left a note, but I never saw her till I saw her at the Bankruptcy Court—I never received any communication from her, but I did from Mr. King on her behalf—Mr. Couch is now carrying on the business on my behalf, to indemnify me for what has been paid—I demanded payment of this note, in writing, on the 12th of May.

MR. CLARKSON. Q. And did not you receive an answer from a person acting as her professional adviser, denying that she had ever signed such a note? A. Yes.

COURT. Q. When did the note come into your possession? A. Early in May, 1845, from four to five months after the date of it.

MR. PARRY. Q. Was it produced at any meeting of the creditor? A. Yes, on the 13th of Feb., here in London—I was present as one of the creditors—the greater part of them were either persons living at Colchester, or the representatives of persons at Colchester—it was before the bankruptcy.

TIMOTHY M'CARTHY . I am a servant out of employ—about Dec., 1844, I was apprenticed to Mr. Couch—I was apprenticed to him about three years and three quarters—I left him about April last—I knew Miss Perry when she lodged with Mr. Couch—about Dec., 1844, I remember seeing Miss Perry, Mr. Couch, and his son together in the kitchen—it was about ten o'clock in the morning, as near as I can recollect—I am certain it was before dinner, and I rather think it was between ten and eleven—Mr. Couch had a bill in his hand, which he showed to Miss Perry—I did not take notice of what they were saying, as I thought it was not my business, till I heard him say 45l. odd shillings—I cannot exactly say the odd shillings, and after that he gave the bill to Miss Perry, to sign her name to it, and she stooped down and moved her hand, but I cannot say I saw her sign her name to it—she appeared to be writing—she afterwards gave the pen to young William Couch, and he signed his name on the same piece of paper—I saw that—I had my breakfast in the kitchen—I had not had it before—it was laid out there—no one else had breakfast—I generally had mine after Mr. and Miss Couch—I do not recollect anything else passing—I was there altogether, perhaps, from twenty minutes to half an hour—after the bill was signed, I believe, Mr. Couch went up stairs, I am not certain, and I think Miss Perry went out of the kitchen—I

believe young Couch went out too—my indentures were burnt in the presence of young Mr. Jones, my father, and Mr. Couch—I had run away and enlisted two or three times while with Mr. Couch.

Cross-examined. Q. Just tell us again what passed on this day—do you recollect the day of the week? A. It was on a Saturday, the Saturday before Christmas-day—Mr. Couch showed me the note last Michaelmas—I think that was the first time he spoke to me—I did not know when he first showed me the note—he has not shown me the note at all, for I should not know it if I was to see it—I have seen it, but I could not swear to it (looking at the note)—I cannot swear to the paper—I saw a paper like that in Mr. Couch's hand, when he was reading it to Miss Perry—I do not recollect seeing it since—Mr. Couch spoke to me about it at Michaelmas—in Aug. last I was living with the Rev. Patrick King, a Roman catholic priest, at Chelmsford—this happened between ten and eleven on the Saturday—Mr. Coach usually breakfasted about nine, sometimes before—there was pen and ink on the sideboard under the kitchen window—I do not know where it was got from, it was lying there when I went into the kitchen for my breakfast—we usually dined at one o'clock—I do not recollect hearing anything mentioned about Bear, the butcher—I could not swear his name was not mentioned—I did not hear Mr. Couch mention anything about being in difficulties, and not knowing what he should do at Christmas—I could not swear that it was not mentioned—I did not take notice of what Mr. Couch said—I was in good health in Aug. last—I was not taken to Bristol—I first saw Mr. Coach since this matter happened, at Michaelmas—I believe he was doing something for the Rev. Patrick King, and he asked me about it, and I told him what I have stated—he knew I was at Chelmsford—I went to live there from Colchester, on the 1st or 2nd of July—I used to see Mr. Couch at Colchester every day, but I had not spoken to him since I left him—I ran away—he was not always ill-using me—not very often, unless I deserved it—I staid in the kitchen to breakfast—I believe they all left the kitchen after signing the note—Miss Perry did not stay there—she did not put on her bonnet—she generally kept her out-things up stairs—she went out of the kitchen somewhere, I do not know where—I did not hear her say she was never asked to sign anything by anybody—I do not recollect it—I could not swear she did not say so—I paid no attention at all—I did not hear Mr. Couch say, "Why, Miss Perry, you surely cannot think I should intend you any mischief"—I do not recollect such a word, nor that she could not believe him capable of such a thing—there was no such words passed in the kitchen while I was there—when I sat down to breakfast, both Mr. Couch and Miss Perry were gone—I have never said to anybody since this transaction that I should like to see the person that said I heard anything about 45l. mentioned—I will swear that—I could not say such a thing, because it is false, unless I told a lie, and I am not in the habit of telling lies—I swear I never said so—I met Miss Perry several times after I left Mr. Couch's service—I have seen her at the church, and several places in the town—I may have met her in Magdalen-street, Colchester, near my mother's house—she did not tell me that she had heard it reported about Colchester by Couch's son George, that I had said I had seen her sign a promissory note for 45l., nor ask me if I had said so—I swear she never asked me that question—I will swear she never spoke to me about it, nor did I say, "I wish George would say so to my face, and I would give him the length of my fist"—I never said any such thing—I swear that—I remember the time when there was a fire at Mr. Couch's—I did not remove any tools just before that fire took place—I know Thomas and Jeremiah Welch—I do not think I ever

told either of them that I could transport Couch—I do not recollect it—I might have forgotten it, but I do not recollect ever saying such a thing—I could not swear I did not say so.

Q. Did not you tell Thomas Welch, in the presence of Jeremiah Welch, that you could transport Couch, and did not he ask you how that could be? A. I do not know—I do not recollect anything about it—I could not swear I did not say so—I did not say that Couch came one night with a drawn sword, and threatened to cut my head open, and called me a robber—I told him one night when I was out late, that Mr. Couch heard some noise in the house, and that he went down into the kitchen with a sword in his hand, and he asked me the next day if I was home early—I said I was not—he said, "Well, if I should have seen anybody, most likely I should have run them through, so it was lucky I did not see you"—I do not recollect saying before that that I could transport Couch.

Q. Did not Welch say to you why that would not transport him, for that you had been out late of a night, and had got in at the back premises? A. Yes—I did get in at the back premises—I might have told them that—I did not say I had helped Mr. Couch away with the tools, and that he afterwards said they had been burnt—I never took any tools away from Mr. Couch's in my life—I will swear I did not say so, nor that I had occasioned the fire that took place in 1842 in Couch's house, in the daytime—I made no claim for tools—I do not know whether Mr. Couch did—I had no tools—I did not go to the office, or to the agent—I did not sign any claim—I do not know when it was that I had the conversation with Welch—I have been out of place about six weeks—I was living with the Rev. Mr. King—since I have been out of place I have been living at Colchester, with my father; not all the time—I have been up in London a little while—I was staying here to see if I could hap on a place, or see a place in the newspaper—Mr. Couch was kind enough to keep me during that time, about three weeks, at the Exeter coffee-house, London-wall—he has given me 8s., I think—he gave me some money, and left word for me to have some more—I do not know how much I have had from him altogether—he has supported me, sometimes giving me money to pay for my food—before he went home he gave me the 8s.—that is a week ago—he supported me with food before that, sometimes at the Exeter coffee-house, and sometimes he gave me 1s., and I went into a coffee-house and had something—he began this about three weeks ago—I cannot say how much money I have had from him—I have had none to-day, not from him, to find myself in food or anything—I have had some money to-day—Mr. Couch gave me 1s. at London-wall, between eight and nine o'clock—I had none yesterday, not from Mr. Couch—I had 1s. from Mrs. Couch—that is all—I had none the day before—Mr. Couch was not with Mrs. Couch when she gave me the 1s.—I have not had 5l. altogether, nor yet 2l.—that I swear.

MR. PARRY. Q. Were you up here from Colchester to attend this Court last Session? A. Yes—I did not give evidence before the Grand Jury—I was here to do so if required, but was not called—Mr. Couch and his son were called in—I was outside—Mr. Couch brought me up last Session, and he paid my expenses—besides the payment of my expenses, I have received no money whatever from Mr. Couch—I was here six days last Session—I did not go down to Colchester again after the Session was over—I staid in London to give evidence this Session—Mr. Couch gave me money for my board and lodging during that time—I was at Chelmsford in July and August last—my indentures were cancelled just after Easter—I had not seen Mr. Couch at all between Easter and August about this matter—I did not speak to him about this—when he came to Chelmsford last Sept. I told him I was present in the

room—I never removed any tools—the fire happened, I think, in the afternoon time, and the inside of the shop was burnt down—the house adjoins the shop—it is about two or three years ago.

COURT. Q. Do you recollect a claim being made for tools said to be burnt in that fire? A. Yes, there were some of the apprentices' tools lost—I did not lose any, and did not make any claim—I do not know anything about Mr. Couch claiming to be paid for any tools burnt at the fire—none were removed that I am aware of—I went as apprentice to Mr. Couch, I think, in 1841—my father travels about the country with goods—he did not pay anything with me when I went as an apprentice—I saw my indentures, but I could not read them—I cannot read writing, or write—the pen and ink was on the sideboard in the kitchen.

Q. Was all the writing done in the kitchen then with the pen and ink that was there? A. Miss Perry signed her name, at least I suppose she did, she made as if signing, and young William Couch also—I do not know where the paper came from that I saw in Mr. Couch's hands in the kitchen—Mr. Couch had it in his hand when I went into the kitchen—he was already in the kitchen when I went in, with Miss Perry and young William Couch—I did not see how the paper got into the kitchen—I do not know what sort of hand young Couch wrote—I never looked at the paper—I think I should know his handwriting if I was to see it, although I cannot read writing, because he used to put down my time for me in the time-book at Mr. Couch's—I used to overlook him when he was writing—(looking at the signature written in Court by William Couch)—I do not think this is his writing—I think this it, "William Couch, jun."—I can read some writing if it is plain—I did not see Mr. Couch write anything on the paper on this occasion—I do not recollect—I saw young Couch write—I am not sure that the paper I have seen is not young Couch's writing—I cannot say whether it is or not—it is a long while ago since I saw any of his writing—I do not know Mr. Couch's writing—I could not swear to it—(looking at the note)—I cannot read the words over William Couch's signature here, nor can I read the words "William Couch," at the bottom—it is too small a hand for me to read—(looking at the back of the note)—this is "William Couch"—I do not know whose writing that is—I was above three years with Mr. Couch—I never saw much of his handwriting.

Witnesses for the Defence.

MARY ANN STRICKLAND . I formerly lived at Colchester—I am not now in service—I have been out of service three or four months—I have been living with Miss Johnson, of Colchester, since I left Mr. Couch's service till now—I was in that service at the time of the trial at Bristol—I had been living with Miss Johnson before I went to live at Mr. Couch's the last time—I went to live with Miss Johnson with a character from Mr. Couch, and I afterwards went to live with Mr. Couch again, and then I went to live with Miss Johnson again, I was twice with Mr. Couch and twice with Miss Johnson—I was in Mr. Couch's service at Colchester, on the 21st of Dec., 1844—between nine and ten o'clock that morning I was in the kitchen, washing the breakfast things—Mr. Couch came down into the kitchen and called Miss Perry aside to the dresser to speak to her—he said, "Miss Perry, I want to speak to you a minute: would you have the kindness to sign this note?"—she desired to know what note it was—she took it up and looked at it, and read it over—she did not read the whole aloud—I heard her read the amount—it was 15l.—I heard Mr. Couch say, "Miss Perry, what do you think you can let me have at Christmas?"—that was before she signed anything—she replied, "I do not know, Mr. Couch, but I will do for you what I can"—Mr. Couch said,

"Can you let me have to the sum of 15l.?"—that was before the note was signed—she said, "Not all at once, Mr. Couch"—he then asked her to sign the paper—he did not put it into her hand, it lay on the dresser—she read it partly, and mentioned 15l.—she read over when it was to be payable, "21st Jan."—she read that aloud, and she said she could not engage to say she could let him have it by that time—he said that was not his motive—there was no other sum mentioned but 15l. in the conversation by either of them—he said it was merely as a satisfaction to show parties to whom he owed money, being in great difficulties—Miss Perry asked him if she signed it should she get into any trouble by it, and she likewise asked him whether he would take advantage of it—he said, "Miss Perry, do you believe me capable of such a thing?"—she then said, "If it is any satisfaction to you, or any kindness to you I will do it with the greatest pleasure."

Q. Who was present in the room at that time? A. Mr. Couch, Miss Perry, and myself, and a little girl between eight and nine years old, with her play-things, was going in and out—the son and the apprentice were not present during any part of the time, on my solemn oath—Miss Perry signed the paper—after she had signed it Mr. Couch thanked her—he then took the paper and the pen and ink, and went up stairs—I was washing up the breakfast things at the time—Miss Perry did not quit the house from that time till dinner-time—she assisted in getting the dinner ready that day—she dined with the family in the kitchen—she was at that time teaching at the house of Miss Clay, and she quitted after dinner to go to Miss Clay's, at one o'clock—they dined earlier than usual that day, and she left before the others had done their dinner—I remember Miss Perry leaving the house—there was no quarrel or misunderstanding between her and Mr. Couch in my presence before she left—I was taken down to the trial at Bristol by Miss Perry's friends—I proved there what I have stated to-day—M'Carthy was not examined.

MR. PARRY. Q. On that occasion the Jury did not altogether believe your statement? A. No—Mr. Couch and his son were-examined on that trial on one side, and I on the other—I left Mr. Couch's service a little after Christmas—I gave notice to leave—Mr. Couch wished me to stay, and said if I would stay he would engage a person in the house to assist in the work, but when Mr. Couch came from London he said he did not want me any longer—he had gone up to London in the mean time—that was before Miss Perry left.

Q. When did you first mention the date of the 21st of Dec. as the date on which this matter occurred? A. When I was first asked by the lawyer—the lawyer said to me, "Was it on the 21st of Dec.?"—I cannot recollect when it was I was asked that—it was about three or four months after I left Mr. Couch's service—I mentioned the 21st of Dec. at the trial at Bristol—I am sure of that—I have been staying with Miss Johnson ever since I left Mr. Couch's, though not as a servant—I recollect this was on the 21st of Dec. because it was the Saturday before Christmas-day—I recollected it several months afterwards when I was asked about it by the lawyer.

MISS EMMA CLAY . I am single, and reside at Greenstead, near Colchester—I live on my property—I was residing there in Dec., 1844—I have known the defendant intimately thirty years—she then attended at my house at least twice a week—I remember her coming there on the morning of the 21st of Dec., 1844, quite well—a Miss Smith was staying at my house at the time, and was present—the defendant gave me an account of what she had been doing that day with Mr. Couch, and mentioned 15l. with reference to what had passed between her and Mr. Couch—she arrived at my house, I should say, about four o'clock, or between four and five, not later—it was her habit

to walk from Colchester to me—my house is quite a mile and a half from Mr. Couch's—I belong to a family connected with the borough of Colchester and with the Corporation—I cannot speak too highly of the defendant's character for veracity and respectability—her friends are perfectly respectable, and moving in the best sphere of life—the death of her father plunged her into difficulties—since that she has acted as a music-mistress, to furnish her mother with a living—she contracted a debt for the funeral of her mother.

Cross-examined. Q. When did her father die? A. I think in 1822 or 24—her mother had no means of living but what her friends gave her—the defendant has been in the habit of teaching at Colchester for fifteen years—she was originally organist of the Roman catholic chapel there, but was not paid for that—her friends were aware of her living at Mr. Couch's—she taught two of my nieces—I corresponded with her occasionally, and she with me.

MR. CLARKSON. Q. Have you formed an opinion on the subject of her handwriting—I can give my opinion certainly, but I would not swear to it—(looking at the bill)—I should say this is not her handwriting—she never made that A—when she wrote to me she always made a round A—I should say it is not her handwriting—she has no means of conducting this defence without the assistance of her friends—I have known her live on half-a-crown a week.

MR. PARRY. Q. Look at this paper which I have turned down—what do you say to that? A. This is more like her handwriting—the same A is here as in the bill—I do not say she never made the A so—that is not like it, but the "Perry" is—I will not swear to her writing—the M is very much like her's, but the A I have not been in the habit of seeing—(looking at the signature in the book)—I should say this is not her handwriting—I will not swear it—I have not seen these books or papers before—I know Miss Johnson—she was very poorly when I left Colchester, or she would have attended.

FREDERICK JOHN PERRY . I am the defendant's brother—I saw this promissory-note before the Bankruptcy Court, and the book also.

Q. Do you believe either of these signatures, "M. A. Perry," to be your sister's handwriting? A. I will swear, as far as it is possible for me to swear, they are not.

MR. PARRY. Q. Do you notice anything particular in it? A. I do, the A—she is not in the habit of making the A in that way—it is such a nar-row A—the two signatures in the book and in the bill do not appear to be written with the same ink—this letter (looking at one) is her handwriting—the A is not similar to the one in the book, if you look at it—I cannot say that it is made in the same style—I have no feeling on the subject but to speak the truth—I am of no profession—I have for the last three years resided with an invalid friend as companion—I have occasionally assisted people in their accounts and matters of that sort—I had very little means of assisting my mother after my father's death—my sister contributed much more than I did as I had not the means—I have no other sister or brother.

HENRY JONES . I am a clerk in the office of Mr. Church, of Colchester—on the 18th of April, M'Carthy's father and Welch came to our office—the indentures were shown to me.

(Other witnesses deposed to the defendant's character for respectability and veracity.)


OLD COURT.—Tuesday, February 24th, 1846.

Second Jury, before Mr. Recorder.

23rd February 1846
Reference Numbert18460223-664
VerdictNot Guilty > unknown

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664. THOMAS JENKINS and JOHN HALE were indicted for a robbery on George Simmons, putting him in fear, &c., and stealing from his person, and against his will, 5 pence and 1 halfpenny, his monies, and immediately before, at the time, and after the said robbery, beating and using other personal violence towards him.

GEORGE SIMMONS . I belong to the first regiment of Foot-guards, quartered at Birdcage-walk barracks. On Saturday night, the 14th of Feb., I met a female in Tothill-street, Westminster, and went with her to her lodging, in a court in Pye-street—I had 11d. in copper in one coat pocket, and 6d. in silver in the other—I gave 5 1/2 d. to the girl to fetch a pot of beer, and had 5 1/2 d. left in my pocket—the girl rushed out of the door, and the two prisoners immediately rushed in—Jenkins said, "What the devil do you do here? it is my lodging; you must turn out: I pay the rent"—I jumped up, and said I would go—I put on my helmet—Jenkins turned up my coat-skirt—I turned round and saw the halfpence in his hand—I ran out to fetch a policeman—Hale threw a brickbat at me—I fetched the constable, but they were gone then—I went down the street, and saw Jenkins go into a cook-shop—I waited till he came out, and then gave him in charge—Hale had the brickbat in his hand when he came out of the room, and struck me on the breastplate with it—he slipped the halfpence out of my pocket into his hand—he stopped in the room, and kicked me two or three times on my knee—I have no doubt of the prisoners—I saw Jenkins go up the court, followed him up the street, and took him coming out of the shop—Hale was afterwards found in the room.

Cross-examined by MR. PAYNE. Q. The moment he took the halfpence he went out? A. No, he stopped in the room—I ran out of the room—Hale struck me with the brickbat as I ran out—it is a soldier's crime being out late, and he has to pay for it—I had seen Jenkins several times before about Westminster—I never spoke to him—I have not seen another man very much like him—I cannot tell when I saw Jenkins last.

Q. Why did you not seize him? A. He struck me once or twice, and made my nose bleed, and I went for a constable—I was quite sober—I did not strike him again—I had told the girl I had only 5 1/2 d.—that was untrue—I got home at three o'clock in the morning—I cannot tell whether I have been punished for being out that night—I got four days' drill for it.

Hale. He was quite drunk. Witness I was not drunk.

THOMAS PRENGER (policeman.) The prosecutor called me, and I took Jenkins—I found 1d. piece on him—I went to No. 2, New-court, Duck-lane, and found Hale sitting by the fire with two men and a woman—the prosecutor charged him with throwing a brickbat at him—I found no more money on him—I know the prisoners are in the habit of being at that room—the prosecutor was sober.

GEORGE SIMMONS re-examined. Hale did not assist in taking my money—it was quite a sudden thing—he appeared to take no share in the transaction till he threw the brickbat at me—they came in and said I must turn out of the room.

Hale. It was not Jenkins who was there at all; the prosecutor was not ill-used at all; he kicked up a row about the girl not taking the money he gave her.

GEORGE SIMMONS re-examined. I had 6d. in my pocket besides—I saw the money in Jenkins's hand as he ran out.

Cross-examined. Q. What beer would 5 1/2 d. buy? A. There are different prices of beer—she rushed out of the room with the money directly—I gave it her to do what she liked with it—I told her to bring a pot of beer—I have nothing more to say.


23rd February 1846
Reference Numbert18460223-665
VerdictGuilty > unknown; Guilty > unknown; Guilty > lesser offence
SentenceImprisonment; Imprisonment

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665. JOHN MURPHY, THOMAS DENCH , and JOSEPH GOLDING were indicted for unlawfully, maliciously, and feloniously wounding John Henness Bristy in and upon his head and face, with intent to do him some grievous bodily harm.—2nd COUNT, to disable.

MESSRS. RYLAND and LAURIE conducted the Prosecution.

JOHN HENNESS BRISTY . I am an officer of the City of London Union, West-street, Smithfield, and am also a constable of the City. On Monday, the 9th of Feb., I was on duty in the Union-house, and at half-past seven o'clock in the morning I went to the upper ward to open the windows, and see that all persons were out, and to lock the ward, which was my duty—I saw the three prisoners in the ward—Murphy and Dench have been some years in the house, but Golding not so long—they ought to have been down at breakfast at that time—I proceeded to open the windows, and when I had opened about three, Dench passed me towards the door, from the other end of the ward—Golding and Murphy were on the right-hand side, about half-way up the ward, by the side of their beds—I passed Golding, got up to Murphy, and, on turning in between the two beds, to open the next window, just as I passed Murphy, I received a violent blow from his right hand—I saw the blow coming, but could not get from it—it knocked me down—Dench and Golding immediately came to his assistance—they kicked and beat me about very severely—Dench and Golding both kicked and struck me while I was on the ground—Dench placed his foot on the pit of my stomach, and said, "Get the b—r's staff, and give it him"—Murphy and Dench endeavoured to get the staff, and in doing so got hold of my body coat, and tore it up the back under my arm—my staff was in my pocket—they tore the skirt of my coat up to my armpit—Murphy eventually got the staff, and Dench struck me a blow on my right temple—it was swollen very much—he immediately repeated the blow on the left temple—when I found my staff being seized I tried all I could to get up—I got hold of a bedstead, but they bent me over the edge of it—I was glad to get down on the ground again—the blows produced blood—the first blow covered my face with blood—the second caused my eye to swell as big as an egg—I then got on my feet, and made towards the door—Dench and Golding then left me, and shut the door that I should not get out—I went to the window, and held by the bar, calling "Murder!"—they continued beating and kicking me till they heard Wakefield, the porter, picking at the door—they then said, "Let the b—r go," and they ran down stairs.

Q. What was done to you after the blow in the eye? A. They continued beating and kicking me—I was struggling to get from them—I was almost insensible—I was confined to my bed for a week, and now am unable to return to my duty—I was taken to Dr. Lynch, and have been under his care ever since.

Murphy. Golding had nothing to do with it; this is a very different statement to what he made before; he said he did not know which of the two took the staff, and that he did not know what he was saying at Guildhall;

I was lying on the bed—he asked if I meant to get up; I said I was unwell, and wished to lay a little longer; he pulled the clothes off; I asked what he meant; he pulled out his staff, and said if I did not get up by fair means I should by foul; I got up, put on my things, all but my jacket; I was walking down the room, and had not got many feet from my bed before he shoved me along with his staff, saying he would have no nonsense, poking me in the back with his staff; I turned round and asked what he meant; as he was going to strike me I seized the staff: he seized me by my neck-handkerchief, and almost strangled me; in the struggle the staff fell down; he kept hold of my throat.

Witness. Not a word he says is true—when I entered they were up and dressed, even to their caps—I said at Guildhall that Murphy took the staff and struck me—when there I was much confused from the blows—I had no less than seventeen wounds—the doctor did not lay any stress on any but the two I received from the staff—I did not speak a word to either of them till after the assault commenced—I did not touch his bed—my staff was in my pocket till he took it out—the first thing Golding did was to kick me when on the ground, and he continued striking me.

THOMAS WAKEFIELD . I am gate-keeper at the West Union workhouse. I was on duty on the 9th of Feb., about half-past seven o'clock, and heard a cry of "Murder!"—I went towards the upper ward, and met the three prisoners on the stairs, running down—I asked who was crying murder—one of them, I do not know which, said, "It is Baskey"—the prosecutor goes by that name—they went on about a yard and a half—Murphy turned round, pulled a staff from under his jacket, and stepped towards me to make a blow at me—an inmate who was standing by said, "For God's sake, don't strike Wakefield"—one of the others said, "Oh don't strike Wakefield"—Murphy brought the staff, and gave it into my hand without saying a word—I then took him into custody—I went up stairs and found Bristy bleeding—I brought him down—he was taken to the lodge, and my wife bathed his face to get the blood off.

Murphy. Q. When your back was turned you say I drew the staff; how could you see that? A. I stood sideways.

Dench. You said at first it was me said, "Don't strike him." Witness. I can tell why I was not struck because a witness who is generally goes home at that time came round the corner.

HENRY FLOOD . I am an inmate of the West London Union. On this morning I saw Murphy coming down stairs—I had charge of the door, and "when Bristy went up I locked the door to prevent anybody coming in—in a minute or two I heard cries of "Murder!" repeated—I did not know where it came from, but recollected that Bristy had gone up—I saw the three prisoners coming down together, and saw Wakefield and the night porter come up—I saw Murphy turn very suddenly round when he saw Wakefield—he drew the staff from under his coat, and raising his arm high, was about to make a tremendous blow at him—I said, "Oh Murphy," or "Stop Murphy," and he did not strike—I have before this heard Murphy say, in a conversation with me, the very first opportunity he had he would lick Baskey's b----y head with his staff—he said no power on earth should put down the young men of the West London Union, and "The very first chance he gives me I will punch the b----y b----r's head with his own staff," for it was impossible for the governor or any Magistrate to keep down the spirit of the young men of the West Union.

Murphy. I never held any conversation with him; he is hated by all the men.

JORDAN ROCHE LYNCH ,. M.D. I am surgeon of the West London Union. On the 9th of Feb., about eleven o'clock in the morning, I was sent for, and found the prosecutor in bed—he complained of giddiness in his head, and stated that he had been beaten—I found two contusions on the side of his head, extending along each temple—on the left eye was extravasation, and it was considerably swollen, so much so I could not see whether the eye itself was injured, the effusion of blood was so considerable—on the other side I found considerable effusion, but that was the result of a minor contusion—on the temple was an abrasion, the skin scraped off, and blood streaming down that side of the face—there were several minor wounds in different parts and several small scratches on the temples either done by the hand or a kick—there seemed five or six of them—it was necessary he should keep his bed some days—I feared for two or three days there might have been concussion of the brain—the blows on the temple might be struck by this staff.

Dench. Q. Might the blows be struck with a fist? A. The abrasion might—there would be some indentation from the knuckles if all the blows were from the fist, and they were too large contusions to be done by a fist.

Dench. The staff was never used at all; it is the same as charging Golding, that he should not be a witness for us; what blows he had was from the fist; he got Murphy down and said he would serve me the same.

Murphy's Defence. Bristy assaulted me first, and not being satisfied with that, he pulled out his staff and was going to strike me; it was natural to make some resistance, but I should not have struck him had he not kept his grasp of my throat.

Dench's Defence. When I saw Murphy on the ground I told Mr. Baskey it was unmanly to hurt him, so he said, "You—, I will serve you the same;" then I certainly acted in my own defence.

JOHN HENNESS BRISTY re-examined The first thing Golding did was to kick me when on the ground—he kept kicking me afterwards—he also struck me at the window after I shut the door.


DENCH— GUILTY . Aged 23.


of an Assault.

Confined Two Months.

Confined Two Months.

23rd February 1846
Reference Numbert18460223-666
VerdictGuilty > unknown

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666. JAMES HENRY PETERSON was indicted for burglariously breaking and entering the dwelling-house of William Patterson, about eight o'clock in the night of the 13th of Feb., at St. George's-in-the-East, with intent to steal, and stealing therein, 1 pair of sugar-tongs, value 1s. 6d.; 1 printed book, 1s.; 1 shirt, 2s.; 3 oz. of tobacco, 9d.; 60 pence, 48 halfpence, and five farthings; his property.

JOSEPH SMITH (police-constable K 386.) I was in King-street, St. George's, on the morning of the 14th of Feb., about half-past five o'clock—it was not six—I heard a noise in the Ship and Green Dragon—I went to the rear of the premises, and found the cellar-flap had been forced open and was propped up by a sawing-horse, which is a thing composed of pieces of wood nailed together—I sprang my rattle, and Butler, the constable, came up—I called the landlord, and we got into the cellar and found the prisoner concealed behind a beer-barrel—I asked what he was doing there—he said nothing—I took him to the station, searched him, and found 7s. 2 1/4 d. all in copper, also 2 1/2 d. in his waistcoat pocket, which he said was his own—among the other copper I found two battered coins—I also found on him a small dictionary, a key, and 3 ozs. of tobacco.

WILLIAM PATTERSON . I am landlord of the Ship and Green Dragon, in King-street. On the night of the 13th of Feb. I bolted the cellar flap—I also

locked the back passage door, which communicates between the passage and the bar—I took the key up stairs with me, and bolted the door at the bottom of the stairs—I was awoke in the morning by my wife, and heard steps passing by my door—I got up and dressed—I heard a policeman's rattle and the report of thieves—I went down to the rear of the premises, and found the policeman standing by the cellar flap—we went down into the cellar, and found the prisoner—any one could get down by raising the cellar flap, and from thence into the house by forcing the cellar door—I found the staircase door and back passage doors open—when I got to the station I saw a book, sugar-tongs, tobacco, key, and some copper money—I can identify these two pieces of copper money—they had been among the rest of the money in a snuff-jar in the bar over night—I had counted it the day before—I lost about 7s. worth of copper—the sugar-tongs I can speak to—they were usually kept in a drawer—I missed a shirt from a clothes-basket in the kitchen, which is on the first floor—most of the property was taken from the bar parlour.

Prisoner. Q. Can you state positively that the cellar flap was fastened? A. I fastened it myself the night before—I believe the sawing horse was taken from a workshop adjoining—I found no footmarks that attracted my notice.

Prisoner. The cellar flap was open when I got there.

GUILTY . Aged 20.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-667
VerdictNot Guilty > unknown

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667. JAMES HENRY PETERSON was again indicted for breaking and entering the shop of Thomas Maynard, and stealing therein 1 wooden stool, value 1s. 6d.; and 1 adze, 2s. 6d.; his property.

THOMAS MAYNARD . I am a hoop-vender. I have a shed about twelve feet from the Ship and Green Dragon—I keep my tools there—I had adze and a sawing-horse, which I missed about six o'clock in the morning of the 14th of Feb.—I had left the adze stuck in my block about a quarter to eleven o'clock—this is the adze.

MARY ANN CONDEN . I am employed in the Ship and Green Dragon. On the morning of the 14th of Feb. I went to look in the kitchen cupboard, and I found this adze, and I missed some bread and butter.

Prisoner. I did not take the adze.


OLD COURT—Wednesday, Feb. 25th, 1846.

Third Jury, before Mr. Common Sergeant.

23rd February 1846
Reference Numbert18460223-668
VerdictGuilty > pleaded guilty

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668. MARY MARTIN was indicted for stealing 3 sixpences, the monies of Isaac Nottage, her master; to which she pleaded

GUILTY . Aged 25.— Confined Six Months.

Before Mr. Justice Maule.

23rd February 1846
Reference Numbert18460223-669
VerdictGuilty > unknown

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669. HENRY RAYNES, alias George Hopkins , was indicted for uttering counterfeit coin after a previous conviction of a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of Henry Raynes at this Court in Oct. Session, 1845—I have examined it with the original record in Mr. Clark's office, and it is a true copy—(read.)

HENRY PAULIN (police-constable B 185.) I was present at the trial of Henry Raynes in the Oct. Session, 1843, at this Court—the prisoner is the man who was then tried.

MARY COOPER . I am bar-maid at the Royal Pavilion, Vauxhall-road. On Wednesday evening, the 11th of Feb., a little after six o'clock, the prisoner came to the bar with another man—I had never seen him before—he asked for change for a sovereign—he offered me a good sovereign—I noticed that it was good—he laid it on the counter—I gave him a half-sovereign and 10s. change—I am sure the half-sovereign I gave him was a good one—I had noticed it that afternoon—the prisoner then asked me for a glass of porter, which came to 1d.—I gave it him—he asked his companion to pay for it—he did so—he then turned to me and said, "Then will you give me my sovereign back again?"—I gave him the sovereign, and as I took up the halfsovereign and threw it into the till, it fell lightly—I knew it was a bad one—I took it off the counter—I did not see how it came on the counter—he had plenty of time to change it while I turned my back for the glass of porter—I did not see him touch the change—when it fell into the till Mr. Mackwinnie, who was standing by me, instantly took it up, and gave him in charge—there was no other half-sovereign in the bowl—there are three separate bowls—I marked the half-sovereign at the police station.

Cross-examined by MR. BALLANTINE. Q. Were both these persons given into custody? A. Yes—I had not myself received the half-sovereign that I gave the prisoner in change—my mistress had put it into the till—I did not see it put in—I saw it in the till—it was the only half-sovereign there—the first occasion on which I had occasion to use it was when the prisoner came in for change—my mistress is well and is now at home.

MR. ELLIS. Q. Had you noticed the half-sovereign in the till before you gave to the prisoner? A. Yes—it is a rule for me to get the gold changed for silver before we are busy, but I did not do so on this occasion, as there was only a sovereign and a half in the till—I took them both up and they were good—I did not ring them.

ANDREW MACKWINNIE . I am son-in-law of the owner of the Royal Pavilion. On Wednesday, the 11th of Feb., about six o'clock in the evening, I was in the bar parlour—the prisoner and another man came to the bar—the prisoner asked the barmaid if she could give him change for a sovereign—she said "Yes"—I saw her give him 10s. in silver and a half-sovereign—I afterwards saw a half-sovereign and some silver lying on the counter—I did not see Cooper take it up—I had noticed the half-sovereign that was in the till in the afternoon, and noticed that it was good—I heard the half-sovereign that was returned fall into the till, and I noticed by the sound that it was bad—the prisoner was given into custody with his companion—I kept the halfsoverign and gave it to the policeman—I have occasion to go to the till to notice the money that is taken, and the quantity, and that day I took very Particular notice of the money taken, and I know there was a good sovereign and a good half-sovereign in the till.

Cross-examined. Q. Did you ring it? A. No, I did not, but I could tell it was good without sounding it.

CHARLES ROOPE EWART . I am an ironmonger, and live in Shaftesbury-terrace, Pimlico—on the 7th of Feb. the prisoner came to my shop, about twelve o'clock in the day, and asked for a knife that was in the window, which came to 1s.—he bought it, and laid me down a sovereign to pay for it—I examined the sovereign, and found it to be good—I went up stairs to get changing, leaving my apprentice in the shop—I got from my cash-box a good half sovereign and 9s.—I brought it down, counted it before the prisoner, and

laid it on the counter—I am quite sure the half-sovereign I brought down was a good one—a boy came in with the prisoner, and when I had counted out the change to the prisoner, the boy immediately said he wanted a knife—he had said nothing about wanting a knife before—I turned round with my back to the counter to get a paper of knives—the prisoner immediately pushed a half-sovereign to me, and said he did not like the look of it—that was a bad half-sovereign—it was not the half-sovereign I had put down—I said the one I laid down was a good one, I could not conceive how it was a bad one, yet I saw it was, but I could not have a piece of work with him because my wife was ill up stairs, and therefore I put up with the loss, and gave him the change—the boy paid for his knife, and they went away—I kept the half-sovereign apart from other money, and afterwards gave it to Cripps, the policeman—I first of all showed it to different tradesmen.

Cross-examined. Q. Had you ever seen the prisoner before? A. No.

JOHN CRIPPS (police-constable B 157.) I was called to the Royal Pavilion on the evening of the 11th of Feb., and found the prisoner and another man there—I took them into custody, by desire of Mr. Mackwinnie, for "ringing the changes," and giving a bad half-sovereign to the bar-maid—they made no observation—I conveyed them both to the station, and found on the prisoner a good sovereign and a ring—he told me he lodged at No. 2, Carpenter's-buildings, Back-fields—I went there, searched the room, and found this counterfeit guinea, wrapped up in paper on the chimney-glass—in consequence of something that reached me afterwards, I went to Mr. Evans, and received from him this sovereign which I produce—this other halfsovereign I received from Mr. Macwinnie—I found no half-sovereign on the other man.

Mr. JOHN FIELD. I am an inspector of counterfeit coin to the Royal Mint—these two half-sovereigns are both counterfeit in all respects—this guinea is also counterfeit.

Cross-examined. Q. How are the half-sovereigns made? A. They are cast in Britannia metal and electro-gilt—they may be easily detected by sound or weight, but not by sight.

COURT. Q. Are both the half-sovereigns from the same mould? A. No, one is dated 1842 and the other 1844—the date of the guinea is 1795—that is brass, gilt.

GUILTY . Aged 27.— Transported for Seven Years.

Before Mr. Justice Williams.

23rd February 1846
Reference Numbert18460223-670
VerdictGuilty > unknown

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670. STEPHEN SOPER was indicted for that he having been convicted of uttering a counterfeit shilling, afterwards did utter a counterfeit shilling to Caroline Smith, knowing the same to be counterfeit.

MESSRS. BODKIN and DOANE conducted the Prosecution.

CALEB EDWARD POWELL . I am assistant solicitor to the Mint—I Produce an examined copy of the record of the conviction of Stephen Soper, at this Court, in Jan., 1844—I have examined it with the original—it is correct—( read.)

JOHN FRIENDS . I live in Trevor-square, Brompton—I was present when the prisoner was convicted here in Jan., 1844—I was the constable in the case—he is the man.

CAROLINE SMITH . I am the wife of William Smith, of Paradise-row, Chelsea—on Saturday, the 7th of Feb., the prisoner came to the shop, and asked for 1d. worth of tobacco—I served him—he gave me a good half-crown—I gave him two good shillings and five pence—I took the shillings out of the

till, and had to turn round to the till to get them, turning my face from him—I am sure I gave him good shillings, and they looked bright and shiney—I put them on the counter with the halfpence—he then asked me to give him two sixpences for a shilling—I turned to go to the till, and as I turned back I noticed a bad shilling on the counter—it was dark and dull, and not one I had given him—I saw it was bad before I took it up—I had put the two sixpences on the counter—I said it was a bad shilling—he said, "It is not; it is the one you gave me"—I said, "I beg your pardon, it is not"—he took the two sixpences up, and ran out of the shop—I called my husband, who ran after him, and brought him back in three quarters of an hour—he is the man—I gave the shilling to my husband.

Cross-examined by. MR. HUDDLESTON. Q. Do you keep your silver apart from copper? A. Yes, and the gold—I put the half-crown in the silver till, and gave him two shillings.

WILLIAM SMITH . I am the witness's husband—on the morning of the 2nd of Feb. she gave me a shilling, and a description of the man—I went out two or three hundred yards, and saw the prisoner and another man come out of a mews—they both turned round and saw me—the prisoner gave the other man some money, which he put in his jacket pocket;—I saw it was silver—I was about twelve yards from them—when they observed me—the other said, "Good morning," and ran away—the prisoner walked some distance—he observed me still watching him, and when he got the opportunity he ran off—I pursued him some distance, and caught him—I had the shilling in my hand when I came up to him, and said, "Do you know that piece?"—he said, "The woman gave it to me"—I asked why he ran away—he said he supposed he might run if he liked—he had run from a mile to two miles in different directions, dodging me about—I brought him back to my wife, and asked her if he was the man—she said he was—I gave him in charge with the bad shilling.

Cross-examined. Q. Did you see them count the silver out? A. They were very close together—I observed one move his hand towards the other, and the man directly put his hand into his jacket pocket—I was obliged to turn a comer after I came out of the shop before I saw them—they walked in front of me.

MR. DOANE. Q. Did you see the silver come from his coat pocket? A. Yes—it was an outside pocket.

THOMAS RUGLESS . I keep a shop in Paradise-row, Chelsea. On Wednesday, the 4th of Feb., between eight and nine o'clock in the evening, the prisoner came to my shop for a biscuit or cake—it came to 1d.—he offered a good half-crown—I gave him two shillings, and 5d. in halfpence—while I was giving him the change, another man came into the shop, and spoke to the prisoner—they appeared to be acquainted—the prisoner asked him to have a cake—he said if he treated him he would—he said, "No, treat yourself"—the man said, "You may as well pay me the 7d. you owe me"—the prisoner said, "So I will, if the gentleman will give me change for a shilling"—I took out my purse, looked out two sixpences, and handed them to the prisoner, who took them in his hand, and gave me a counterfeit shilling—I saw it was bad—my daughter took it out of my hand, and said it was a base one—they both turned round, and ran out as fast as they could—I went in pursuit, but could not find them—I returned—I had left the shilling at home—it was put into a division of the till, and afterwards given to Williams, the constable—only I and my daughter had access to the till.

Cross-examined. Q. When did you hear the prisoner was in custody? A. On the Monday or Monday week—I saw the prisouer in the cell at the

police-office—there were two or three others in the cell—I had described the man to Smith.

MR. BODKIN. Q. When you first saw him did you recognize him? A. Not at first—he was called to the door, and turned his eye almost into the lid—he was then told to turn back which he did, but so that I could not see his features perfectly—I had no doubt of him when he was brought to the light.

ANN RUGLESS . I am the witness's daughter. He gave me a shilling, which I cut two marks in, and put it in the back of the till by itself—it remained there till Monday—I am certain it was the same—I was not in the shop when the prisoner came, but I saw him, and took particular notice of him—the only difference now is that his hair is rather smoother—he certainly is the man.

JOHN THOMAS WILLIAMS . I was on duty on the 7th, and took the prisoner in charge at Mr. Smith's instance—I found on him a good shilling, two sixpences, and five pence—I received a shilling from Smith, and another from Rugless.

MR. JOHN FIELD . I am an inspector of coin to her Majesty's Mint. These shillings are both counterfeit.

GUILTY . Aged 22.— Transported for Seven Years.

Before Mr. Justice Maule.

23rd February 1846
Reference Numbert18460223-671
VerdictNot Guilty > unknown

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671. WILLIAM FORD was indicted for a rape.


Before Mr. Justice Williams.

23rd February 1846
Reference Numbert18460223-672
VerdictGuilty > lesser offence

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672. THOMAS LOWE was indicted for assaulting John Lowe, and maliciously and feloniously cutting and wounding him, with intent to murder him.—Two other COUNTS, stating his intent to be to disable, or do some grievous bodily harm.

MR. BALLANTINE conducted the Prosecution.

JOHN LOWE . I am the prisoner's son. He was in the army for some years—he has been in distressed circumstances latterly, and I received him into my house—I am a shoemaker, and live at Brentford-end, Isleworth—he was to work at my trade as well as he could—he came to my house last Aug., and left on the 7th of Jan., leaving a few articles behind him—on the 13th of Jan., about half-past ten o'clock in the morning, I was in my back parlour, and he came into the shop—my wife said, "John, here is your father"—he came to the door leading from the parlour to the shop—he said, "I want my account"—I said, "You shall have it, I will get it ready in about an hour"—he said, "I want it now"—I said I could not get it ready then, he should be sure to have it between that and twelve o'clock—it was an account he owed me—he staid in the shop a moment, and said, "Have not you some lasts of mine here?"—I said I had sent them down—he said, "There is another pair, with the name of Leggat on them"—I said, "I don't remember seeing them, they must be in the shop, I will come and look for them"—I came into the shop, and looked at various racks till I came to one under the window—I saw one of them at my feet—I took it up, put it on the counter, and said, "Here is one, I will look for the other"—I stooped down on my knee, resting my elbow on the other knee, to look for it—my father had been following me round the shop, as I thought, looking for the last—he had his hands in his coat pocket—he took his hand out, and made three aims at me as I knelt, and the third aim he took, he plunged the knife into my side—I ran into the parlour, and

then to Mr. Millard's kitchen, then to a public-house—a surgeon was sent for, who attended me—I cannot say what he made the thrust with.

Cross-examined by. MR. DOANE. Q. How long had the account been outstanding? A. From last Aug.—I offered it to him from time to time—I had not exactly prepared it—I was to board him for assisting to my business—I sold a few of his things, and believe there were a few old books among them—I believe he complained to somebody about not getting enough for them—there was no quarrel on this occasion—he did not appear excited, but was quite calm at the very moment he did it.

ANN LOWE . I am the prosecutor's wife. I remember the prisoner and my husband looking for the last—I saw my husband run through the parlour, exclaiming, "He has stabbed me"—I afterwards met the prisoner coming out of the shop with an open razor in his hand.

EDWARD MILLARD . The prosecutor came into my kitchen on the 13th of Jan., bleeding from a wound under his right side—his wife brought him.

MARY ANN LINDLEY . I am single, and live at Brentford-end. On the 13th of Jan., between ten and eleven o'clock in the morning, I was at the George and Dragon public-house—John Lowe came to me in the kitchen, with Mrs. Lowe, and sent me to mind their shop—I went, and found a tableknife lying on the floor, near the counter, with spots of blood on it—I gave it to the policeman.

MATTHEW ROWLES . On the 13th of Jan. I was at Brentford, and saw somebody coming out of Lowe's house—I went into the shop, and saw the prisoner, with his neckerchief down, and a razor in his hand, apparently in the act of cutting his own throat, and his neck was bleeding very much—he appeared in a very excited state.

WILLIAM WAY . I am a surgeon, and live at Brentford. On the 13th of Jan. I was called to attend John Lowe, who was wounded on the right side of his chest, between the eighth and ninth ribs, about two inches deep, an inch and a half broad, or not quite so much—this knife might have inflicted it—he is recovered now.

JOHN SCOTNEY (policeman.) I apprehended the prisoner in St. George's workhouse—he was there from the 13th of Jan. to the 14th of Feb., with a severe wound in his throat.

GUILTY of an Assault. Aged 73.—Recommended to mercy by the Prosecutor. Confined Six Months.

OLD COURT.—Thursday, February 26th, 1846.

Second Jury, before Edward Bullock, Esq.

23rd February 1846
Reference Numbert18460223-673
VerdictGuilty > unknown

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673. WILLIAM ADLAM was indicted for feloniously breaking and entering the dwelling-house of Isaac Pike, at St. James Westminster, and stealing therein 1 carpet bag, value 3s.; 1 coat, 2l.; 1 pair of trowsers, 1l.; 1 waistcoat, 16s.; 1 pair of boots, 12s.; 2 pairs of shoes, 10s.; 9 shirts, 3l.; 1 pair of scissors, 1s.; 1 pair of braces, 1s.; 3 sovereigns, and 1 half-sovereign; his property.

GUILTY . Aged 19.— Transported for Ten Years.

23rd February 1846
Reference Numbert18460223-674
VerdictsGuilty > pleaded guilty

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674. SARAH MARGARET CHAMBERLAIN was indicted for stealing 9 rings, value 5l. 5s.; 9 ear-rings, 22s.; 2 brooches, 10s.; 1 snuff-box, 10s.; 1 seal 2s.; 1 snuff-shovel, 2s.; 1 guard-chain, 7s.; 2 studs, 3s.; 1 watchchain.; 2d.; key, 1d.; and 2 sixpences; the property of Mary Fullford; in the dewlling-house of William Clark Brand :—also, for stealing 3 handkerchiefs, 3s.; 1 eye-glass, 10s.; 1 pencil-case, 3s.; and 1 pair of stockings, 6d.; the goods of Margaret Fullford: 2 handkerchiefs, 1s. 6d.; and 1 pair of seissors, 6d.; the goods of William Clark Brand, her master; to both of which she pleaded

GUILTY . Aged 17.— Transported for Seven Years.

23rd February 1846
Reference Numbert18460223-675
VerdictGuilty > with recommendation

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675. EMILY ELWOOD was indicted for stealing 1 shawl, value 10s., the goods of Thomas Moore Walker.

ELIZA WALKER . I am the wife of Thomas Moore Walker, of North-place, Cromer-street. I lodged at No. 7, Manchester-street, before that. On the 31st of Jan., 1845, about a quarter past twelve o'clock, I saw the prisoner there—I knew her before—she came down and sat by my fire till near four o'clock—I left her in the room alone for about three minutes—I went to my drawers about four o'clock, and I missed my shawl, which I had seen safe three minutes before she came into the room—she was also gone—I did not see anything of her till the May following, and before I said anything to her she said, as I went to speak to her, "I did not take your shawl"—I had not mentioned it to her—I then asked her what she had done with it—she said she had pawned it, and promised me the ticket the next day—I went with my husband that evening and a policeman, but she was gone—I did not see her again till last Friday week—I then told her she had told me a great story as to where she had pawned it—she said yes she had, but it was pledged at Brown's.

GEORGE BONEHAM (policeman.) I took the prisoner, and told her it was for stealing a shawl—she said she was sorry for it, and would pay for it.

Prisoner's Defence. I asked her to lend me some money, and she said she had none, but would lend me the shawl to pawn, and gave it me from the drawer; I pawned it for 4s., and when I met her gave her 2s. of it.

MRS. WALKER. She did not ask me for money, nor did I give her the shawl—she never paid me 2s.

GUILTY . Aged 23.—Recommended to mercy.

23rd February 1846
Reference Numbert18460223-676
VerdictGuilty > unknown

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676. EMILY ELWOOD was again indicted for stealing 2 shawls, value 28s.; and 1 handkerchief, 2s. the goods of Elizabeth Wilkinson: and 2 shawls, the goods of Charles Jones.

ELIZABEH WILKINSON . I am a widow, and live in Liverpool-terrace, Liverpool-road. On the 26th of Dec., 1844, I lodged in Dorset-place, with my aunt Jones—I had a box in my bedroom—the prisoner lodged there—I opened my box, and missed a shawl, and silk handkerchief, which it was wrapped in—I called out, and went down to my aunt—the prisoner was gone, and she never returned—I missed a crape shawl two days after from the same trunk—I had not examined the trunk all through before—my aunt gave me a letter two days after, with the duplicate of the shawl in it, and I took it out of pledge—I have it on now—this crape shawl produced by the pawnbroker is also mine.

CLARA JONES . I am the wife of Charles Jones. I employed the prisoner as a daily servant, at 12s. a week—immediately she heard my niece call out that her shawl was gone she ran out of the house, leaving the street-door open, and taking the key with her—I went up stairs, and missed this shawl from my bedroom drawer—I had seen it safe within a week—the prisoner never returned—I did not see her again till last Thursday—I received a letter by post inclosing two duplicates, by which means I got my shawl out of pledge.

JOHN MALHAM . I am servant to Mr. Needes, pawnbroker, Penton-street.

I produce a handkerchief and shawl, which was pawned in the name of Smith, by a person to whom I gave this duplicate.

GUILTY . Aged 28.— Confined Six Months.

Before Mr. Baron Parke.

23rd February 1846
Reference Numbert18460223-677
VerdictGuilty > unknown; Not Guilty > unknown; Not Guilty > unknown

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677. JOHN STONE the elder, JOHN STONE the younger, and ANN HYDE, alias Stone , were indicted for feloniously, unlawfully, and maliciously setting fire to a certain dwelling-house of the said John Stone the elder, then being in his possession, with intent to defraud and injure the Union Society for effecting insurance from fire.—Three other COUNTS, stating their intent to be to injure George Leonard, William Nottage, and Thomas Lewis.

MESSRS. DOANE and WILDE conducted the Prosecution.

SARAH LEONARD . I am the wife of George Leonard, a smith and farrier, of No. 1, Bridge-row, Hammersmith. On Sunday evening, the 8th of Feb., about seven o'clock, my attention was called to a very strong smell of fire in the passage leading to the prisoners' house, No. 3, Bridge-row, in the parish of Hammersmith—I had seen the elder Stone pass our house about half-past five o'clock in the evening, coming in a direction from the house of Catchpole, which is about five minutes' walk from the prisoner's house—he passed our window going ia a direction for his own house, but I did not see him go into it.

GEORGE LEONARD . I am the witness's husband—I let the house, No. 3, Bridge-row, to the elder Stone, I think in June last, at 15l. a year, at a quarterly tenant—Mrs. Hyde came into the house first, and Stone, sen., about a month after—they lived together as man and wife—Stone, jun., hat not been there long—he came a little before Christmas—in Nov. last Stone, sen. came to my shop and asked if I was insured, and where (I am not certain about the time)—I told him yes—he asked if Carter, who was a tenant of mine, was insured—I said yes, that I insured with Mr. Austin, who is agent to the Union, and said Carter was insured in the same office—he left me, saying he would go over and tee about insuring—he came back and said he had been to make inquiry, and asked me to let him see a paper connected with insurance—the prisoners, all three, lived at the house up to the beginning of Feb.—I saw them occasionally going in and out—I was at a friend's house on Sunday night, the 8th of Feb., when there was an alarm of fire—I went to the prisoners' house—I live next door—I got there a little after eight o'clock, and observed smoke coming from the up-stair window—the house is only one story high—I tried to get in at the window, but it was fast—I at last broke the front door open—there was to much smoke coming from the window we did not get in, or we should have been suffocated—I went through a little shop which the front door opens into, to get up stairs—I at last got to the top, but was suffocated with smoke and fell down against the person behind me—when I recovered I knelt on the floor, and saw the bed was on fire—there was an old bedstead and the bed which was on it was on fire—it was a sort of bag of shavings—it was a common bag of cooper's shavings and tome tow mixed with them on the ticking—I pulled the bag down stairs into the road—I went up to the room again, and when the air got in, the partition of the room and the bedstead began to blaze—the wooden partition was fixed to the house—I had some difficulty in getting the fire out—if I had not had plenty of water I should never have done it—we saw smoke coming out of a box under the bedstead—the lid was closed, and smoke coming out where it shuts down—there Was no sign of fire outside the box—we opened it and found in it a lot of cooper's chips, and a bag of chips and shavings, and a large piece of coke or cinder, about us big us my fist, in the middle of the bag—it appeared to have

been put into the bag to set it on fire—the bag had a hole cut in it, and the coke put in—it was burning—there was no fire-place in that room—I thought the box when opened smelled very strongly of turpentine—I think there was also a clothes-horse, one chair, a tub, and, I believe, a horn lantern in that room—we saw fire through the chinks of the partition in the other room, which were made by being burned—I burst a piece out of the pannel with my feet, so that we could get water through, and found fire was underneath the floor—we got it out—it appeared as if a piece of the floor had been taken up and a lot of old baskets, chips, and cinders put in, that was burning underneath the floor—there was an old-fashioned tent bedstead in that room, and a piece of old white curtain over the top of it, of no value—the place was so full of smoke we could not get into that room—I ran down stairs to my own house, and by bursting open two doors I got into the room—I found a bag on the bed there, filled with shavings like the other, and it was all in a blaze—there was no bedding in that bed nor any ticking—the bag rested on the sacking—there was a chest of painted deal drawers in that room—we observed smoke coming from the bottom drawer, and on opening it it contained a lot of cooper's chips and cinders, lying along the middle as if thrown in with a fire-shovel—the chips were burning—I saw no cinders on the floor, but in the drawer, which was itself on fire—there was a stove in that room, but no remains of fire—I put my hand to the stove and it was quite cold—there were five drawers to the chest—we opened them, and the one above the bottom one was strewed with cooper's chips, which were in every drawer—I found three or four bags of shavings altogether, one in each bed, one in the box, and another under the second bed, which was not on fire—I think there was one chair in the back room, and a washhand-stand—there was no furniture up stairs but two bedsteads, a washhand-stand, a chest of drawers, and two chairs—they sold sweetmeats in the shop, and we found some in the shop—the whole stock, I should think was not worth 5s.—the officer, Jupp, came to my assistance, and he found a policy of insurance in the drawer which was on fire—Sergeant Mount afterwards produced a key, which I knew to be the key of the street-door I had given to Stone when he took the house.

HENRY LEE . I accompanied Mr. Leonard to this house—I saw sacks full of shavings—I took the box from under the bed, and opened it—it was not on fire outside—I found a bag in it, pulled it out, and was in the act of pulling the other out, but it came open, and out came a large piece of coal or cinder—it had been burning—I gave it to the policeman—the partition was on fire, and the floor of the other room—I saw the drawers full of cooper's chips—the bottom drawer was on fire, and an old rag or waistcoat in it; also some coals or cinders.

ELIZA DOWST . I am the wife of John Dowst, and live in Wiltshire; the female prisoner is my aunt. About Christmas I came to Bridge-row to live with them—two of the prisoners lived there, and the other slept at the house—I slept up stairs in one of the rooms, on a feather bed—there were blankets, sheets, a counterpane, and four or five chairs in the room; a chest of drawers, looking-glass, carpet and curtains—the next room was a bed-room—young Stone slept there—there was a bed there, one chair or two, and, as far as I know, a proper supply of bedding, blankets, and sheets for him—I went into the room—it had bed-clothes, and there was a carpet to the room, and a box under the bed, no drawers nor washhand-stand—I continued to lodge with them there for three weeks, till about a week before the fire—at that time Stone senior told me it was not convenient for me to stay there—I made up my mind to go back to Wilts—I Packed up my things next day, and, while doing so, Stone begged me not to go, and so did my aunt—they asked me to go and take a house, they

would pay the rent and all expences, and find things for my use—I consented, and went with my aunt, and took a house in Trafalgar-street, about a quarter of a mile from Bridge-row, Hammersmith—I took possession of the house on the Saturday following, a week before the fire—I lived there by myself for about a week—Richard Beck brought things to this house three or four times—the first time he brought a bed which they sent for me—he also brought a bedstead, two boxes, and a set of fire-irons; no chairs were brought—I had never seen the fire-irons at Bridge-row—some time after these things came, Stone senior came and told me the bedstead should be put up on the ground floor—he said it was not worth while to lug it up stain, perhaps I might not be there long—I made no answer, but paused on that a good deal—I cannot tell whether I saw him the next day or not—he asked how I got on—I said I was very unhappy about what to do—he said I was to make myself contented for a bit, he was working all things together for the best—this was three or four days before the fire—on the Sunday evening, 9th of Feb., my aunt and young Stone called on me in Trafalgar-street, and I observed my aunt putting something under the bed—she had a cloak on, and appeared to have something bulky under it—she said nothing about it then—she afterwards called me outside the door, and said Stone had been very cross and contrary, he was on the drinking order; that he had been grumbling because he was so dirty, and she had brought his dirty clothes down, and on the morrow she would come, and they should be washed—we went into the room again—young Stone was there—(it was the room below)—she said, if he was told they were going to be washed, he would want them, but he should not have them till they were clean—I asked where the was going—she said she was going to meet Stone—this was in the evening, after tea, and it was candle-light—I asked her where—she said at Turnhamgreen, and that he was gone to receive a little money that was owing him—I think this was about seven o'clock—I then, went with her and young Stone to Turnham-green—I did not know where I was going—we all three went into a beershop, kept by Mrs. Phillips—my aunt called for a pot of beer—she appeared to be very low—I asked her what was the matter—she shook her head—I asked if she was afraid Stone would not come—she said he was sure to come—my son was in our company then—I and my son left, leaving young Stone and my aunt in the beer-shop—as we came out we met Stone senior going in—he said, "Halloo, won't you go in and have anything to drink?—I think this must have been about eight or after eight o'clock—we declined going in, and went home to Trafalgar-street—soon after we got there Newell and some other persons knocked at the door, and I heard Stone's house was on fire—I had not then got back many minutes—I gave information of Stone being at the beer-shop—I went to the house in Bridge-row, and saw, as I thought, a bed thrown out, but somebody said it was shavings—in consequence of what happened, I looked under my bed, where my aunt had put something, and found a bundle and a bandbox—the bundle contained dirty clothes, a cord jacket, trowsers, and waistcoat—the trowsers and waistcoat wanted washing, but not the jacket; the bandbox contained dirty cap, a woman's apron, and a gown—about twelve o'clock that night, as near as I can recollect, my aunt came and knocked at my door—I said nothing to her—she said to me, "Why do you look so scornful at me?"—I said, "Dear me, aunt, I don't know what you are up to; you are bringing trouble on yourselves, and me as well"—she made no answer, but went and laid herself down on the bed, and appeared to be in a great deal of trouble, but said nothing—she remained till next morning, when the police-sergeant took her in charge.

Stone, sen. Q. Was not what I told you, that it was not convenient for us three to be sleeping together; I was not going to be turned out of my

bed for you? A. My aunt and I slept together—sometimes Stone would come in after I was gone to bed—I asked why he sent for me when he said I could not stop longer.

Stone. I told you to go back home. Witness. Oh! no; you begged me to stop, and not return to Wilts.

RICHARD BECK . I am the son of Charles Beck, who keeps a beer-shop in Queen's-lane, Hammersmith—on the 7th of Feb. Mrs. Dowst applied to me to move some furniture—I removed three or four boxes and a feather-bed on Saturday afternoon, to Trafalgar-street—she gave them to me out of my father's stable, which is behind the prisoner's house, in Bridge-row, quite close to it—there was a bedstead in the stable, which I removed afterwards—that had been in the stable a long time—I moved it the same afternoon, but after the other things—I did not move anything else from the stable, but I moved out of Stone's house a basket containing something, a tub and pan—it was the same day, the 7th—I took them to 7, Trafalgar-street—Mrs. Dowst was there to take them in—I saw Stone, sen. and the female prisoner at Bridge-row, when I brought them away—I took the boxes first out of the stable—I afterwards removed a basket, pail, a bedstead and bed in a cart—I took two bedsteads to Trafalgar-street in all, the boxes were different sizes and wooden—all the things we took from Bridge-row were directed to Mrs. Dowst, to be left at Mr. Stone's, near the Broadway, Hammersmith.

CHARLES BECK . I am the father of Richard Beck—I have a stable at the back of No. 3, Bridge-row—I knew Stone, sen.—I had an old bedstead in my stable for three or four weeks before the fire—on the Sunday of the fire I went into the prisoner's shop for 1d. worth of nuts, some time after two o'clock, I saw all three of the prisoners in the house—I live next door to them—young Stone brought me a quart pot which they had of mine that evening, between the lights—he said, "Mr. Beck, here is your pot."

DANIEL MERRITT . I am a modeller and builder, and reside at No. 4, Waterloo-street, Hammersmith—I am landlord of a house in Trafalgar-street—the female prisoner came to me about that house, with the witness Dowst—I let the house to the two persons—they left 1s. deposit—Mrs. Dowst took possession of the house on Friday, the 30th of Jan.—she brought a few things with her—Stone, sen. came to the house the same day, with the female prisoner—they had something wrapped in a handkerchief—I afterwards saw Stone, sen. leave the house, with a quart pot in his hand—he took the key of the street-door with him.

WILLIAM NEWELL . I am a shoemaker—on the 8th Feb. I went to Bridge-row, Hammersmith, about nine o'clock—I went to No. 7, Trafalgar-street, and saw the witness Dowst—I made inquiries after the prisoners—I afterwards went to Phillips's beer-shop, and found the three prisoners there—Stone and his son were smoking, and they were drinking—Horness accompanied me—we called Stone, sen. aside, and told him his place was on fire—he said, "Oh! is it?"—we said, "Yes"—he kept smoking his pipe, and asked if we would have a drop of ale—we said, "Yes," and followed him in, and he gave us some—when we got inside, the female prisoner asked Stone what was the matter—he said the place was on fire—she began to cry—they staid to finish their ale, and we all came out together, and when we got a little way, Stone said he had been to Brentford, that the younger prisoner and the female came to meet him at Phillips's, at Turnham-green—he asked the female prisoner if she had left any fire up stairs—she said yes, she had left a small bit of fire to air the things which were round it—she said she had left one fire up stairs and one down stairs, a small one—we came along, and told them they had broken the doors open, (we did not say who,) and got some drawers open, and got some papers which they were reading of—Stone, sen. then said he

was done—I did not describe the papers—I had not seen them—we accompanied him all the way to the house—we left the female behind, and brought Stone, sen. up to the door of the house, where Mount, the policeman, took him.

HENRY MOUNT . I am Serjeant of the police—on the 8th of Feb. I went to Leonard's premises, No. 3, Bridge-row—I produce the drawers and things which were set on fire—here is the lower drawer, which had fire in it—the bottom of the next drawer was burnt, but had no fire in it, only chips and shavings—here is the box—I found Leonard and Lee there—they had extinguished the fire—I saw the partition and flooring burnt—Newell afterwards came up with Stone, sen., and I took him into custody—he then said he had been to Brentford—I asked him what part—he said he did not know—he afterwards said, on the way to the station, that he was asleep in the chair, and did not know whether he was the last who left the house or not—I said, "Very well; the one who left last we shall know, because they have got the key"—after proceeding about twenty yards further, I heard something jink over the wall—I said, "What is that?"—he said, "Aye"—I asked again, and he made do answer—I went on to the station-house, searched him, and took from his pocket an inventory of some furniture, wrapped in a piece of paper—he attempted to destroy it—another constable prevented him—it took two of us to hold him, to get it from him—next morning I went to the wall where I heard the jink, and found a key, which I tried to the house-door, and it fits it—it has three notches on it—I showed it to the landlord—I found at the house in Trafalgar-street two inventories of things, with the prices against them—I saw Dowst at that house afterwards—I found some boxes locked up in that house—I examined them, and found they contained a variety of wearing apparel, linen, candlesticks, and different household articles—there was a bedstead there and two beds—there was salt-cellars, mantle-ornaments, pictures, and a quantity of linen of different descriptions in the boxes—the female prisoner was present, and saw me take the papers, and snatched them from my hand—they were in a box which was locked—I could not find the key, and could not get it open—she said at first it did not belong to her—I said, "Then I must get a key, for I am determined to look into it"—she then produced the key—I found the papers in that box, and she snatched them from me—I got them from her, and produce them—Stone, jun. came in while I was there—I found this paper on Stone, sen.——(this being read, was an inventory of sundry articles of furniture and wearing apparel)—this other paper was found in the box—(this was a printed memorandum of Stone, sen. having proposed an insurance in the Union Office on 100l., and paid 5s. deposit; dated 19th of May, 1845; but unless the remainder of the premium was paid within twenty-one days, to be void. The other papers were a list of articles of furniture and clothing, with the value, amounting together to 84l. 10s.; another list of articles, without any value, and not corresponding with the former; also another paper, dated the 9th of Dec., 1845, being a list of clothing and linen.)

Witness. Here is an inventory of things found at Trafalgar-street, and the total value I put on them is 9l. 10s. 6d.—being a cabinet-maker by trade, that is the value I should like to give for them—I found in the house after the fire a painted bedstead, three chairs, a washhand-stand, a jug and ewer, a bonnet-box, a deal box containing the chips, and a painted chest of drawers—they Were in one room—I value them at 1l. 7s. 6d.—they were very inferior articles—in another room was a clothes-basket, an old coat, trowsers, and waistcoat, two tubs, a lantern, a blanket, clothes-horse, quilt, and one bedstead—I value them at 13s. 1d.—in the third room, down stairs, were two chairs, two tables, a hearth-rug, eight dishes, eight plates, one tea-tray, one

brush, one frying-pan, a saucepan, thirteen show-glasses, a bread-tray, and knife-box—I value them at 1l. 4s. 2d.—the total value 3l. 3s.—that is all I found—I perceived a smell of turpentine on some of the articles, and found a waistcoat very strongly saturated with it, and a bag—I found a bottle which had contained turpentine, by the side of the bed, in one of the up-stair rooms—the turpentine which is now on this inventory was not apparent when I found it.

JOSEPH CHUBB (policeman.) I accompanied Leonard and Lee to the house—I found chips burning, and the bags which have been produced—in the bottom drawer, which had chips in it I found this policy of insurance—I found all these papers there together—(these were a proposal for an insurance against fire, also a proposal for a life insurance.)

GEORGE CATCHPOLE . I am a cooper, and live at Hammersmith. About a month before the fire I sold some chips to Stone, sen.—I took them to his shop door—they were such as have been produced—they came to 6d.—I saw him about half-past three or four o'clock in the afternoon, on the day of the fire—he continued with me about twenty minutes—I was ill at the time—he came for a pint of beer, or something, and came up and saw me—he went away about half-past five—our house is about 150 yards from his.

WILLIAM CARTER . I am a printer, and live at No. 2, Bridge-row, Hammersmith. I know Stone, sen.—I assisted the female prisoner to unload the furniture when it was brought in—I saw some furniture in Trafalgar-street—I cannot say whether it was the same—the drawers produced resemble those I helped her move in—the furniture at Trafalgar-street very much resembled what I helped to unload in Bridge-row.

SOLOMON AUSTIN . I am agent at Hammersmith for the Union Insurance. I delivered this policy to Stone, sen., in Oct., 1845—these two papers are proposals for a fire and life insurance—I gave them both to him in Oct.—this memorandum was given him on the 19th of Aug.—his insurance was covered from then to Michaelmas next—the policy and memorandum together covered him all the time—he had paid the deposit on the policy again in Oct.

MR. LEWIS. My father is secretary to the Union Fire Office—I am employed in the office. The signatures to this policy are those of the Directors—there is no subscribing witness—William Nottage is chairman of the Unions, and Thomas Lewis the secretary.

(The policy was dated 29th Sept., 1845; 70l. on household furniture, wearing apparel, &c.; 10l. on watches and trinkets; 10l. on utensils and stock is trade; and 10l. on fixtures; together, 100l., insured to Michaelmas, 1846.)

Stone, sen.'s Defence. I know nothing at all about it.

STONE, SEN.— GUILTY on the 1st, 3rd, and 4th Counts. Aged 53.— Transported for Twenty Years.



Before Mr. Baron Parke.

23rd February 1846
Reference Numbert18460223-678
VerdictGuilty > unknown

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678. GEORGE BROWN was indicted for feloniously breaking and entering the dwelling-house of John Barnes, on the 5th of Feb., at St. Jame's Clerkenwell, and stealing therein 7 spoons, value 1l. 16s., his goods.

JANE BARNES . I live with my uncle, John Barnes, of No. 21, Queen's-row, Pentonville—he occupies the house. There is a pantry in the front area—there is no entrance to that except from the front kitchen—there is a window, which can be reached from the street—it is covered with wire—on Wednesday, the 4th of Feb., I was in the pantry, about seven o'clock in the evening—the window was fast at that time—I left seven spoons in the pantry,

and they were in such a position as that a man could put his hand through from the outside and take them out—I saw them last at ten o'clock at night—next morning I got up about seven o'clock—I went into the pantry soon after I got up, and the spoons were gone—a pane of glass had been broken large enough to admit a man's hand.

RICHARD COLEMAN . I am shopman to Mr. Priest, a pawnbroker, in Long-acre. I produce six spoons, pawned at our shop on Thursday, the 5th of Feb., by the prisoner—I am quite certain of him—it was in the afternoon part, I think about one or two o'clock in the day—I asked if they were his property—he said yes, they were.

RICHARD SAYER . I live with my brother, a pawnbroker, in Drury-lane. I produce a spoon, pawned at our shop on Thursday, the 5th of Feb., by the prisoner, to the best of my belief—I have no doubt about him—I gave him a duplicate—I cannot call to mind what time in the day it was.

JOHN ARCHER (police-constable G 8.) The prosecutor's house is in the parish of St. James, Clerkenwell—I took the prisoner into custody on Saturday, the 7th of Feb., about eight o'clock in the evening—I found on him these two duplicates, one relating to six spoons, and the other to one.

RICHARD COLEMAN re-examined This is the duplicate I gave.

RICHARD SAYER re-examined This is the one I gave.

JANE BARNES re-examined These are my uncle's spoons that were lost—I was in the habit of washing them.

GUILTY . Aged 26.— Transported for Ten Years.

(A note was found on the prisoner, planning the committal of another robbery.)

OLD COURT.—Friday, February 27th, 1846.

First Jury, before Edward Bullock, Esq.

23rd February 1846
Reference Numbert18460223-679
VerdictGuilty > pleaded guilty

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679. JOHN MORLEY was charged on four indictments with unlawfully obtaining goods, value 3l., 9l. 8s., 4l. 7s. 4d., 2l. 17s., and 6l., by meant of false pretences; to all which he pleaded

GUILTY . Aged 19.—Recommended to mercy. Transported for Seven Years.

(The prisoner received a good character.)

23rd February 1846
Reference Numbert18460223-680
VerdictNot Guilty > unknown

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680. WILLIAM DOVER was indicted for stealing 3 coats, value 3l.; 2 pars of trowsers, 15s.; 1 waistcoat, 10s.; 3 shawls, 1l.; 4 handkerchiefs, 6s.; 5 gowns, 5l.; 1 cloak, 1l.; 3 capes, 31s.; 1 pair of stays, 7s.; 6 frocks, 15s.; and 3 petticoats, 4s.; the goods of William Poole, in hit dwelling-house.

WILLIAM POOLE . I live in Wellington-row, St. Matthew Bethnal-green—it my dwelling-house. The prisoner has been in my employ—on Tuesday, the 17th of Feb., at five minutes to nine o'clock, I saw him in Barnetgrove, about thirty or forty yards from my house—he asked if I was going to chapel—I said, "Yes"—he asked who was at home—I said they were all at work backward, meaning in a little shed adjoining the house—he bid me good night, and left—he said he was going to Pritchard's-place—I was fetched from chapel by two apprentices, and went home—I found things of no value strewed about my front room floor, and missed the articles stated in the indictment—all the articles produced are mine, and were safe in my room—the quilt was on the bed, this coat in the drawer in the front room, and this silk dress was on the bed—I found them at the station about ten o'clock that night—I found a lucifer-match in the middle drawer.

Cross-examined by. MR. MELLOR. Q. When did you see the things safe last? A. In the morning, in the front room, ground floor—I sleep there—I met the prisoner as I came out of my door—I was late going to my classmeeting that night, which made me know the time—I ought to have been there at eight o'clock—the prisoner had worked for me four years, and was in the habit of calling at my house—I would have trusted him with anything.

JOHN HOBLEY . I work for the prosecutor. On Tuesday, the 17th of Feb., about twenty minutes to nine o'clock, I was at work in the back shop, near the front room—there was a knock at the door, which I opened—it was the prisoner—he said nothing to me, but walked through the passage, and went on to the back shop—he spoke to Mrs. Poole there—he said he had come for his mother's eye-water bottle—lie took it off the shelf, put it into his pocket, bid us good night, and left the workshop—I cannot say whether he left the house—I did not hear the street door shut—I left off work at five minutes to nine, went into the passage, and found the street door wide open—I called Mrs. Poole—I got a light, went into the parlour, and found a parcel of old things about the floor, not of much value—the drawers were wide open, and quite empty—not a soul had come to the house but the prisoner—I had not heard anybody but him.

Cross-examined. Q. Why, you did not hear him go out? A. No—nobody could go out or come in without my hearing them.

COURT. Q. How could the prisoner do it then? was he gone? A. Yes, when I found it out—I had not heard him go.

MR. MELLOR. Q. Had he left a bottle of eye-water there? A. It was empty—he had been at work there about three weeks before, and brought the bottle then, with some stuff in it for the toothache—the door has an ordinary lock, not a latch—you cannot come in or out without somebody letting you in—we left off work about seven minutes after he left the workshop—I cannot say when he left the house.

GEORGE MORGAN . I live at No. 17, Ravenscroft-street, Hackney-road. On Tuesday night, the 17th, about ten minutes to nine o'clock, I was standing at the gate of the house next to Poole's—I saw a person bring a large bundle out, about the size of the bundle produced—I did not see his face, but he was about the prisoner's size—he appeared to have a fustian coat.

JOHN WELCH (policeman.) On Tuesday, the 17th of Feb., I was on duty in William-street, Spitalfields, and found this bundle under the arch of the railway.

MICHAEL CONWAY (policeman.) In consequence of information, I apprehended the prisoner the day after the robbery, at No. 4, Tripe-street, Shoreditch—I asked him what time he left Mr. Poole's, and what time he got home—he said he went straight home, and got home at nine o'clock—I said, "You were at the house last night"—he said, "Yes, I went for ray mother's bottle"—I searched him, and found 10 1/2 d. and four lucifer-matches in his pocket—I saw some matches at Mr. Poole's.

Cross-examined. Q. There was some stuff in the bottle, I believe? A. No, it was empty.


Before Mr. Baron Parke.

23rd February 1846
Reference Numbert18460223-681
VerdictGuilty > pleaded guilty

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681. LOUIS PHILLIPS was indicted for feloniously forging and uttering an acceptance to a bill of exchange for 97l., with intent to defraud William George Prescott and others. Other COUNTS, stating his intent to be to defraud Lyon Michael; to which he pleaded

GUILTY . Aged 27.— Transported for Ten Years.

(Robert Sutcliffe, of Long-acre, gold and silver refiner; William Boore,

pawnbroker, of St. Marlin's-lane; Lyon Michael; Charles Bernard, diamond-merchant, of Eagle-street, City-road; and Abraham Barnet, of Great St. Helen's, reader at the synagogue; deposed to the prisoner's good character.)

(There were four other indictments against the prisoner.)

23rd February 1846
Reference Numbert18460223-682
VerdictGuilty > unknown

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682. RICHARD HICKMOTT was indicted for stealing 8 forks, value 7l., the goods of Nicholas Westby, in his dwelling-house.

JOHN LOCK . I am footman to Mr. Nicholas Westby, who lives at Yorkgate, Regent's Park; the prisoner was a friend of mine. On the 7th of Feb. he came to see me at my master's about half-past six o'clock—I did not let him in then; I told him I could not, as I was busy, and to come again in three-quarters of an hour—he said he was going to St. James-street on some business for his master—he came in three-quarters of an hour—the family had not come down—I asked him down stairs to the pantry—he staid there till dinner was over, about twenty minutes—I then asked him up stairs to the butler's pantry—we were all three there, the butler, me, and the prisoner—I left him in the pantry with the butler, to get tea ready, about eight—I then came up again with the tea—the butler did not leave the pantry till we both went up into the drawing-room with the tea—the prisoner was left in the pantry then for about four minutes by himself—when I came down he said he wanted to go—I asked where he was living—he said with Sir Robert Murray, No. 14, Thayer-street—next day we missed eight silver forks—nobody but him had been in the pantry—the plate had been counted before him before eight o'clock—I went to No. 14, Thayer-street, to inquire for him—we found no person answering the description of Sir Robert Murray, nor did I find the prisoner there—I had known him about two years and a half—he was in service when I first knew him.

ROBERT BRIGG . I am shopman to Mr. Thompson, pawnbroker, East-street, Marylebone. I have two silver forks, pawned by the prisoner on the 7th of Feb., between nine and ten o'clock in the evening—I am quite sure it was him—they are worth about 32s.

JOHN LOCKE . These two forks are master's property—the other six were of the same pattern.

JOHN TEDMAN . I am a police-inspector. I took the prisoner on the 23rd of Feb., I told him I was an inspector of police, and wanted him—he asked what for—I said, "You are charged with stealing plate from Mr. Westby's, of York-gate"—he said, "Very well, I suppose I must go with you;" and when at the station he said, "What did you say I was charged with?"—I said, "Stealing eight silver forks from Mr. Westby's, of York-place"—he said, "I know nothing about the plate, I did not steal it"—I found twenty-one duplicates on him, but not referring to the property.

GUILTY . Aged 25.— Confined One Year, the last fortnight Solitary.

Before Mr. Justice Maule.

23rd February 1846
Reference Numbert18460223-683
VerdictsGuilty > unknown

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683. EDWARD BRYANT GAREY was indicted for feloniously forging and uttering a certain instrument in the form of an instrument made by John Reid the elder, being Clerk of the Report-office of the High Court of Chancery purporting to be an office copy of a certificate of William Russell, esq., Accountant-General of the said Court, that Thomas Jones Bellamy and Charles James Foster had paid into the Bank of England 2,596l. 17s., pursuant to an order of the said Court of Chancery; and also an office copy of a receipt of one W. R. West, for the Governor and Company of the Bank of England, for Paying of the said sum into the Bank of England, with intent to defraud Thomas Jones Bellamy and Charles James Foster.—Fourteen other COUNTS, varying the description of the instrument.

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

JOHN HAYWARD . I am a clerk in the office of the Solicitor to the Treasury. I produce an office copy of an order of the Lord Chancellor in the matter of Edward Frank, procured at the office of the Secretary of Lunatics, in Chancery-lane, where the original order is deposited—(this was here read, ordering Thomas Jones Bellamy and Charles James Foster to pay to the Accountant-General's account the sum of 2,005l. 10s. 8d., together with interest, is the matter of the Rev. Edward Franks a lunatic.)

THOMAS JONES BELLAMY , Esq. I live at Brighton—I was a trustee under a deed respecting the affairs of Mr. Frank, a lunatic—there was a Chancery suit—Mr. Foster is a co-trustee of mine—I know Mr. Garey, the prisoner—he is a solicitor—he was employed by the younger children, and by their request we afterwards employed him up to a certain period, to save expense—we continued to employ him up to the summer of last year—in June last I received this letter from him—it is his handwriting—I know his handwriting, having corresponded with him—I never saw an order of the Court of Chancery, but he said an order had been made directing us to pay a certain sum into the Bank to the Accountant-General's account—(letter read)—"Southampton-buildings, 21st June, 1845. Dear Sir, On the other side I send you three checks for your signature—the first for 2,596l. 17s. is made up as follows:—Amount paid to Mr. Pease for principal, interest, and costs, directed to be paid into Court, with interest at 4 per cent, 1,241l. 7s. 8d. Interest thereon from the 16th of July, 1833, the time when the above sum was paid, to 23rd June, 1845, at 4 per cent., 591l. 6s. 4d. Amount of unpaid costs of the inquiries and proceedings relative to the arrangement with Pease, directed to be paid into Court conditionally, 364l. 3s. Amount directed to be paid into Court, to answer the costs of Messrs. Foster and Evans, and Mr. Bull, of the application by them for payment out of the money to be received from the policies, if the Court shall order them to be paid, 400l.; total, 2,596l. 17s. The second, for 915l. 17s., is made up as follows:—Amount of principal money secured by agreement, 800l.; interest at 5 per cent., from 29th July, 1842, to 21st June, 1845, 115l. 17s.; total, 915l. 17s. The third is for my bill of costs for the proceedings in the cause of Waterman and Frank, and connected with these policies, which I send herewith. I have made an appointment with the Equitable Office to settle at twelve o'clock on Wednesday next, which I hope will suit your convenience. Mr. Triston has promised to have his bill, as connected with the policies, ready by Wednesday. I am, dear Sir, yours truly—EDWARD BRYANT GAREY. To T. J. Bellamy, Esq.") On receiving this letter I signed this check, (looking at it,) and wrote in it, "General unpaid costs account"—this is my signature, and I wrote across it, "Bank of England, on account of the Accountant-General"—that appears to have been since struck our, and "Messrs. Gosling and Co." has been written on it since it was in my hand—I believe that to be Mr. Garey's handwriting—when I had signed the check I think I enclosed it to Mr. Triston for Mr. Foster's signature—Mr. Triston is solicitor for Mr. Foster, my co-trustee, and he had been solicitor for me also—this is the letter I sent—between June and the January following I wrote to Mr. Foster respecting the money—I do not think I wrote to the prisoner or had any interview with him on the subject between Nov. and Jan.—I wrote to him requesting a copy of the receipt might be sent down—on the 18th Jan., 1846, I received from him this letter, marked A, enclosing this paper—(read)—"To Thos. J. Bellamy, Esq., Montpelier-road, Brightou. 24, Southampton-buildings, 17th Jan., 1846. Dear Sir, I am sorry I was not in the office when

you called. I now enclose you office copy receipt for the 2,596l. 17s., which had been mislaid—I sent Mr. Waterman's executor's receipt to Mr. Foster, which I suppose he has sent to you. Have the goodness to keep the receipt for costs, &c., and also for the money you paid your nephews and niece together, as I may want them to produce at Somerset-house. I hope to get an order for payment of the funeral expenses at the petition-day after term. The report only waits for the completion of the taxation of Sir W. B. Cook's costs. I believe all the accounts relating to the Pontefract sales are ready, except those relating to the two sales in 1821, which are not yet completed. I am, dear Sir, yours sincerely, EDWARD B. GAREY."

(Certificate.)"28th June,1845. Rev. Edward Frank, a person of unsound mind. I do hereby certify that pursuant to an order, dated 5th Nov., 1844, Thomas Jones Bellamy and Charles James Foster have paid into the Bank of England the sum of 2,596l. 17s., which is placed to my account, as Accountant-General, and to the credit of this matter the 'general unpaid costs account' in the books kept at the Bank of England and in my office, as appears by the receipt of Mr. W. R. West, one of the cashiers of the Bank, dated 25th inst., hereby annexed. WILLIAM ROSSSELL, A. G."

(Receipt.) "London, 25th June, 1845. Received, pursuant to an order dated 5th Nov., 1844, of Thomas Jones Bellamy, and Charles James Foster, the sum of 2,596l. 17s., which money is placed to the account of William Russell, Esq., as Accountant-General of the Court of Chancery, and to the credit of the matter of the Rev. Edward Frank, a person of unsound mind. 'The general unpaid costs account' in the books kept at the Bank for the suitors of the Court of Chancery. For the Governor and Company of the Bank of England, W. R. West—2,596l. 17s.—entered—F. H. WARD."

Q. You received this on the 18th of Jan.—on Tuesday, the 20th, did you come to town? A. I did, in consequence of receiving this letter—I went, with Mr. Foster, my co-trustee, to the Accountant-General's office, I think on the Wednesday, the 21st—we made inquiries there—we have since paid the money into the Bank of England, to the account of the Accountant-General.

Cross-examined by MR. CHAMBERS. Q. Will you give me the names of the children of the late Edward Frank? A. Jemima Mary Bacon Frank, Edward Bacon Frank, and Rodolphus Bacon Frank—I was an attorney twenty-five years ago—I was never in partnership with Mr. Triston or any one—I was constituted a trustee for the younger children under a deed—I do not know that that deed is in Court—I think Mr. Triston has it—Mr. Triston was the attorney for the trustees on the occasion of the drawing of that deed—I think Mr. Triston was not the attorney for the trustees in the matter of the petition in Chancery on which the order was made—I think Mr. Garey was—the order recites that a counsel appeared for the cestuique trust, and also for the trustees—Mr. Garey was the attorney employed for the cestuique trust, and for myself and Mr. Foster; but one of the parties wrote me a letter to say that Mr. Garey was going to receive the 10,000l.—I then wrote up to Mr. Triston, and I wrote to Mr. Garey also, and I desired Mr. Triston immediately, if that was so, to retain counsel, which he did, and that was altered—in the matter of the petition Mr. Triston was merely to see that the order was drawn up right—counsel was certainly employed by Mr. Triston as our solicitor, for that particular purpose, and nothing else—we have paid Mr. Triston's bill of costs, and Mr. Garey's also—I think Mr. Triston's bill of costs was between 300l. and 400l. in the matter of that petition—it was sent to me approved of by Mr. Garey—those were accounts of the trustees' costs—Mr. Triston was certainly not acting throughout the whole of that petition as the solicitor for the trustees—I do not know how the 400l. was incurred—it was a

complicated business—they had to go into the Ecclesiastical Court, for there was another will, and Mr. Garey had the conducting of the whole business—Mr. Triston received his costs, and Mr. Garey said they were correct.

Q. Do I understand you to say that Mr. Triston had your authority to give Mr. Wakefield a brief to appear on the hearing of the petition? A. I wrote to Mr. Garey, and then I wrote to Mr. Triston to go to Mr. Garey, and to see that it was done—I was informed that the order was drawn so that Mr. Garey was to receive the money—I said I should have no objection to trust Mr. Garey myself, but I could not as a trustee, and I desired Mr. Triston to see that the order was to pay to the trustees and not to him—there were two policies of insurance—I never understood they were to be handed over to Mr. Triston as my solicitor—I acted entirely in this case under the advice of Mr. Garey, with the exception that when I heard he was to receive the money I said, "No, it must not be so; it must be paid to the trustees"—the policies were got through Mr. Garey's exertions—the commission of lunacy was taken out against Mr. Frank in 1825, I think—the commencement of his lunacy was declared to be from 1816—his income was about 7,000l. or 8,000l. a year—in 1817 he made a deed of settlement of the Pontefract estate on his younger children—that deed became invalid, in consequence of the commencement of the lunacy being declared to be in 1816—there were two other children living at that time—after Mr. Frank became a lunatic, an allowance was made to himself and his family—that allowance to the younger children continued up to the time of his death—immediately upon his death the heir filed a bill to set aside the settlement of the Pontefract estate—Messrs. Foster, Evans, and Smith were concerned as attorneys for the younger children in the first instance—in consequence of Mr. Frank's death the three younger children had nothing except what their aunts chose to give them—their allowance was taken away the instant Mr. Frank died—Foster, Evans, and Smith were never concerned in the suit in Chancery—Mr. Garey was concerned as their solicitor at first, I think, but I do not know—Edward Bacon Frank, one of the younger children, had no property of his own—he was entitled to a reversion of one-third of 20,000l. on the death of his aunts Catherine and Elizabeth—he told me he had sold that reversion for 400l., and I advised him to go to his attorney directly, and pay the money, and get it back—I thought a court of equity would relieve him from such an imprudent bargain—Mr. Garey undertook the defence of this suit for the three younger children—he got an issue at law directed as to the validity of the settlement of 1816—Mr. Garey was then in the firm of Low, Garey, and Sweeting—I believe Mr. Garey was the acting man—it was finally decided by a verdict at law that the deed was a valid deed—he also succeeded in getting back the reversion—the proceedings in Chancery connected with both those matters, and the proceedings at law were very expensive—Messrs. Low, Garey, and Sweeting behaved remarkably well on that occasion, and did not ask the parties to advance much money, and immediately afterwards I paid them the whole amount—I do not know that Mr. Garey advanced money to go to trial out of his own private funds—I never heard of it—Mr. Garey, on the part of the three younger children, carried on the proceedings to recover the money on the policies—he was concerned for the younger children, and for myself at first, to avoid expense—he got the offices to pay the policies—it was a very difficult case—it was some years before the offices would pay the policies—Mr. Frank died a natural death—it is a question still to be decided whether the offices shall pay the interest on the policies—Mr. Garey quitted the firm of Low, Garey, and Sweeting about two or three years ago, when Mr. Low died—all these matters, of course, required outlays of money on the part of the solicitor, but Mr. Garey might have had any money he liked—before

the deed was decided to be valid, I should say the younger children were merely dependent upon bounty for their existence—the whole weight of the matter was on myself, the contest with the elder brother as to the validity of the deed—I advanced them money before it was decided, and would have advanced anything—I went with 400l. in my pocket—they asked me for 200l., and I gave it them—I would have given them anything—I forget what the proceedings came to—I think we paid 700l. as extra costs—the outlay was not so much as I expected it would have been—I think it was under 2000l.—the other party had to pay costs—I do not know how much—it was a very heavy concern altogether—sales were made of portions of the Pontefract property—immediately I knew the value of the assistance we had from Low, Garey, and Sweeting, I said, of course, they ought to do the other business, the purchase, and they were employed—I think Mr. Garey always conducted the business connected with that—the monies upon those sales were paid to another attorney—Captain Mainwaring was my co-trustee, and he employed a separate solicitor—I employed Mr. Garey, because there should not be three solicitors—I do not know, of my own knowledge, that large sums passed through his hands in the progress of that business—they were paid into Coutts and Co.'s, by Mr. Govet—I think there was one sum paid in by Mr. Garey, and the rest by Mr. Govet, and one or two by Mr. Triston—Mr. Garey had the management of the business—he was to send the deeds to Mr. Govet, for Captain Mainwaring's signature—they were returned to Mr. Govet, and then Mr. Govet paid the money in—Mr. Garey did not receive the money from the purchasers—Mr. Govet did—he was Capt. Manwaring's solicitor, and Captain Mainwaring thought it right and proper that he should, he did not know Mr. Garey—I do not know that much of the money was paid to Mr. Garey, and by him handed over to Mr. Govet—I know that the money was carried to our account, as the trustees, at Coutts'—it may have all passed through Mr. Garey's hands, but I do not know it, and I do not think it did—I recollect that he received some deposits which I requested he would pay into Coutts', and he promised me he would—Mr. Edward Bacon Frank went with Mr. Garey to sell some part of the property, and Mr. Garey received the deposits—Mr. Edward Bacon Frank was Mr. Garey's client—I suppose Mr. Garey had a bill of costs against him, but not on that account—that would tell into the trustees' account—I do not know that his bill of costs against the three younger children was as much as 900l. in Jan. last—that was the trust property—it had nothing to do with that—a bill of costs for 900l. was delivered yesterday, I believe, or the day before—I do not know that a bill of costs is due by the Franks—I had no bills delivered to me till the night before last—I was told in coming to town, to go to the office, and there was Mr. Garey's attorney, with some papers, saying, they were indebted to him 900l.—I do not know anything about it—I should say Mr. Garey succeeded in getting for the three younger children, property to the value of between 30,000l. or 40,000l.—I should say the Pontefract estate was worth 30,000l., or more, and the policies 10,000l.—the interest on them is considerable—I do not know that Mr. Garey advanced money out of his pocket from time to time to Edward Bacon Frank, to support him—it is four or five years ago that the verdict at law was recovered—it was a long time pending after Mr. Frank's death—I do not know that the Master of the Rolls had pronounced the settlement deeds to be bad before Mr. Garey took it to issue—it is not so.

CHARLES JAMES FOSTER , Esq. I am a barrister, and have chambers in Lincoln's-inn; I am co-trustee with Mr. Bellamy; Mr. Triston was my solicitor. I recollect, in June last, his bringing me this letter—I recollect receiving the check better than I recollect receiving the letter—it was immediately

after the date of the letter, about the 25th of June I should say—the check had at that time been signed by my co-trustee, Mr. Bellamy—I signed the check—I had an account at that time at Coutts', jointly with Mr. Bellamy—my impression is, that at the time I signed it the words "Gosling and Co." were not on it—when I had signed the check I gave it to Mr. Triston to take it to Mr. Garey—I was not acquainted with Mr. Garey personally, except relating to this trust—he had not been acting for me, that I am aware of, in any way—in Dec. last I received this letter from Mr. Bellamy; I think it was the 8th of Dec.—in consequence of that letter I saw Mr. Garey at his place of business, in Southampton-buildings—I asked him if he had the office copy receipt of the Accountant-General for the amount of this money—he said he expected to have it in a day or two, or something to that effect—I had two or three interviews with him subsequent to this, shortly after—I cannot recollect precisely what passed about the money having been paid, further than I was given to understand the money had been paid by Mr. Garey—I made an arrangement with him that the certificate or receipt was to be sent to Mr. Bellamy at Brighton—I recollect Mr. Bellamy coming to town about the 21st of Jan. on a Tuesday—I accompanied him to the Accountant-general's on the Wednesday, I think—in this month I accompanied Mr. Bellamy to the Chancery-office, Bank of England, and the sum mentioned in the order, 2,596l. 17s., was paid by me conjointly with Mr. Bellamy.

Cross-examined by MR. CHAMBERS. Q. Who has got the trust deed? A. I think Mr. Triston has it—I became trustee in 1837—there was a deed appointing me trustee—I have seen Mr. Garey perhaps a dozen or half a dozen times—I believe the deed of settlement appointed me trustee—he had not been solicitor to the trustees before I became a trustee—there were no trustees before I became one—I am trustee under the deed of 1837, which carried out the former deed—I am thirty-seven years of age—there was a previous deed, in which trustees had been named—they died, and in pursuance of something in that deed I was appointed one of the new trustees—I have no personal knowledge whether Mr. Triston was solicitor for the old trustees—he applied to me to become a trustee—I should say he continued to act as solicitor for the trustees—I was certainly not the active trustee—I always dealt with him as the solicitor—when I signed the check I handed it over to Mr. Triston, as solicitor for the trustees, to take to Mr. Garey; that was my impression certainly—Mr. Triston did not receive the monies on the policies—we received the monies ourselves—we did not hand them over to Mr. Triston—I took the check to Coutts' myself—Mr. Triston acted in the matter as my solicitor as well.

Q. Solicitor for the trustees? A. I speak according to my own understanding—by Mr. Triston's advice, I sanctioned Mr. Garey's employment to conduct the petition on behalf of the trustees—it was said it could be done in a less expensive way, if he appeared for all parties—the petition was, if I recollect right, to deliver the policies to Mr. Garey on behalf of all parties—I am speaking from recollection—the order directs that they should be delivered to Mr. Triston as solicitor for the trustees, after the cestuique trust have paid off Sir William Cooke's charges—I believe they were delivered to Mr. Triston—Mr. Triston attended with them at the office when the money was paid.

MR. ATTORNEY-GENERAL. Q. I believe Mr. Triston is your personal solicitor? A. Yes—the petition I have spoken of was the petition upon which the order was founded for the payment of the money to the Accountantgeneral—it was a petition by the parties beneficially interested, and also by the trustees—I understood that that petition was conducted by Mr. Garey on behalf of all parties.

JOHN HOWELL TRISTON . I am a solicitor. I was the solicitor of Mr. Foster, and was also the solicitor for the trustees, Mr. Bellamy and Mr. Foster, generally—I recollect receiving this check from Mr. Bellamy—I took it to Mr. Foster and obtained his signature on the next day, and on the next day handed it to Mr. Garey—the words "Messrs. Goslings and Co." at that time were not on the check—it was crossed "Bank of England to the account of the Accountant-General"—in November I saw Mr. Garey two or three times, I think, on the subject of the Accountant-General's certificate and the Bank receipt—on that occasion I said that Mr. Bellamy and Mr. Foster wished to have the Accountant-General's receipt, and to know whether he had obtained it for the money paid in—Mr. Garey said he had not got it, that it was at the Accountant-General's office—I assumed in my question that the money had been paid in—I did not ask him whether it had—I asked him for the receipt for the money paid in—on each occasion he said he had not had time to send for it, or something of that kind—Mr. Garey conducted the business of the petition on which the order proceeded.

Cross-examined by MR. CHAMBERS. Q. How came you to ask him for the receipt for the money paid in? A. Because the check was paid to him for the purpose of paying in the money—I was to have the receipt at the request of Messrs. Foster and Bellamy, as their general solicitor, as solicitor for the trustees—I delivered a brief, at a late stage of the proceeding, to Mr. Wakefield, and for a particular purpose, on the hearing of the petition, before the order was made—Mr. Wakefield's name is mentioned in the order—he was to represent Messrs. Bellamy and Foster—I sent in my bill of costs—the petition was pending only a few months, I think, speaking from recollection—the amount of my bill of costs at that time was 300 and odd pounds—it was a bill of costs running on for business done for ten years—I had not been paid for that time—it was relating to the policies—whilst those proceedings were going on I had not been paid—in the matter of the petition I should say that there was not above 20l. due—the next thing that was made on the hearing was the order—I had appeared on the petition in another capacity, as representing Sir William Cook, the committee of the estate—I had the policy in my hand as solicitor—I represented him when I delivered the brief to Mr. Wakefield—he appeared for Sir W. Cook—I took the petition to Mr. Foster—he perused and corrected it—I cannot say whether it was sent to Mr. Bellamy to be looked at—I do not think Mr. Bellamy saw it then—Mr. Foster corrected it for both of them—I think I did not say anything to Mr. Garey on the subject of the receipt before November—I have no recollection of that—I took the check to Mr. Garey myself—I recollect seeing him—I only handed it to him—I recollect no conversation, but I presume I must have said, "Here is the check from the trustees"—Mr. Bellamy was the only trustee in the suit in which Mr. Garey was concerned for the cestuique trust—Mr. Foster had nothing to do with that suit, only Mr. Bellamy and Captain Mainwaring—I was only concerned for Mr. Bellamy—when Mr. Garey took the case up it was considered to be a very difficult one.

MR. ATTORNEY-GENERAL. Q. What was the purpose for which you delivered the brief to Mr. Wakefield? A. That the deeds relating to the policies might be delivered to the trustees themselves; the original petition, as framed by Mr. Garey was that the deeds and policies should be delivered to him.

MR. CHAMBERS. Q. When Sir William Cook's charges were paid off, did you hand the deeds over to yourself, as the trustees' solicitor? A. No, I think I handed them to Mr. Foster—he had them latterly for some time—he

then returned them—they were handed to me, I think, for the purpose of production at the insurance office when the money was paid, but Mr. Foster had them.

GEORGE STRANGE . I am a clerk in the house of Gosling and Co., bankers. I remember receiving this check at the banking house—at that time Mr. Garey kept an account with us—it was paid in to the credit of his account—I gave him credit for it—there is a memorandum on it, which I made at that time—it went to Coutts', and was paid by them, not to me, but to another clerk.

Cross-examined by MR. CHAMBERS. Q. Do you keep Mr. Garey's account? A. We have the account, and I credited it—I keep Mr. Garey's account myself—I do my part—I have credited him with the proceeds of the check, and have made an entry, of it—it is in my handwriting—here is Mr. Garey's account—this is our cash-book—when we receive a check we give him credit for it in the cash-book—when we receive a check or money we merely make a memorandum to whose account it is to be carried—that is the first process, and the second is to copy it into the book, to carry it into the account—this is my cash-book, which I keep—I receive the check over the counter, and make an entry in the receipt-book—it would be the duty of some other clerk to look at these books, and to carry the entry into Mr. Garey's regular account—that is not my duty—the clerk is here who received it—there is no particular clerk for that—this is the original entry of the thing—besides this, the customer has his account in the ledger—he never sees this book nor the ledger—he has the copy of it—a copy of his account—the account is posted, marked, and checked—it is not the business of the house to show this book—he would see it if he applied for it, but he never does apply—what he sees is another book, which ought to be a copy of this—he has a copy of it itself, the pass-book, which is a copy of the account in the ledger—there is the folio of the check, and the checking, which refers to the folio of ledger.

COURT. Q. Do you pay Mr. Garey's checks? A. I pay, if they are presented to me, or some other clerk—the indorsement on the check, "Gosling and Co.," instead of "the Bank of England," looks very much like Mr. Garey's handwriting—I should say that it was his handwriting.

MR. CHAMBERS. Q. Who does keep Mr. Garey's account? A. It is the general business of the posting, not the business of one clerk, but the buisness of one, two, or three—we should want the whole of Fleet-street if we had a clerk for every account—the pass-book is kept by first one and then another—I do not keep Mr. Garey's account—it may be kept by one clerk or another—it is posted from the cash-book to the ledger.

FREDERICK STRACHAN . I am a clerk at Messrs. Goslings—I was so in June last—I took this check to Messrs. Coutts—it was paid—I returned and settled my account in the ordinary way.

Cross-examined by MR. CHAMBERS. Q. I believe bankers will not pay crossed checks across the counter, they must come through a banker? A. Yes—if a check were crossed to the Bank of England it would depend upon circumstances whether it could be cashed across the counter—if a total stranger brought a check for a large sum of money that was crossed to the Bank of England, I should not pay it.

MR. WADDINGTON. Q. Without that had been struck out and the other substituted, it could not have been obtained? A. Through a banker it could, without striking out the indorsement of Bank of England and Accountant-General, and putting some other banker on it—if the words "Bank of England" remained there, it might have been done, if coming through a banker—some

would do it, and others not—some houses will pay only to the bankers mentioned, and some will pay to any banker.

ALFRED KINNS . I am just turned fourteen years old—I was a writing clerk in Mr. Garey's office last Nov.—I went to his office on the 10th of Nov., and left on the 24th of Jan.—this paper is in my handwriting—(the copy of certificate and receipt said to be forged)—it was written on Saturday, the 17th of Jan.—there are some figures which are not in my handwriting—this 28th of June, the 2s. 4d. in the margin, and the word 5th over the second line on the second page—there were no blanks left there by me—those are not in my handwriting—I do not know when they were written—I did not leave them blanks—they have been written since I wrote the rest—I wrote something else which has been scratched out—Mr. Garey gave me the piece of paper on which that is written, while in his outer office—he brought it to me—when he did so, there was this round black mark on the side—when he gave me the piece of paper he told me not to spoil it, because it was folded in a particular manner, and at the same time he gave me another piece of paper, that of which this is a copy, which I was to copy it from—I believe that was in Mr. Garey's handwriting.

MR. HAYWARD re-examined. I served notice on Mr. Garey to produce the paper of which this purports to be a copy, in Newgate, on the 24th of this month—this is a copy of the notice—I served it personally on him, and I asked him to let his attorney have the notice as early as he possibly could—he stated his attorney would be there in a very few moments, and he would give it to him, and as I left the prison I met his attorney and told him I had served it, with a repetition of the notice to produce the same writing at Bow-street—I had served him with a similar notice on the 19th of Feb. last, when he was in company with his solicitor.

Cross-examined by MR. CHAMBERS. Q. Who was the officer employed to take Mr. Garey into custody? A. Inspector Haynes, of the detective force—he seized a bundle of papers or letters, and when it was found they did not in any way relate to this charge, he was instructed to hand them back to Mr. Garey immediately, and I believe he did so on the same night—I believe he took no others—they were found in his pocket.

COURT. Q. You saw them? A. Yes—I examined them—I did not see the paper now sought for—I should say it was not among them—I did not examine the whole myself—I assisted in the examination.

JOHN HAYNES . I am an inspector of the detective police—I apprehended the prisoner—I took no papers except what he had about his person—I examined them at the police-office, Bow-street, in the presence of Mr. Clark and Mr. Hayward—none of them related in any way to the charge upon which he was apprehended, and I therefore gave them back to him again—I gave back all that I took from him.

Cross-examined by MR. CHAMBERS. Q. Did you keep them in your peronal possession all the time? A. They were never out of my sight—no one went inside Mr. Garey's house with me when I went to apprehend him—Inspector Shackell was waiting outside with me—I think there were four clerks in the office, and his son—there were a vast many papers, but I had no instructions to seize them.

ALFRED KINNS re-examined. There was no round mark like this on the Paper I copied this from—it was half a sheet of this kind of paper, and a little piece—while I was writing it the prisoner came into the office—I had left a blank for the name, William Russell, Accountant-General—he wanted to know why I had left it blank, and told me to fill it in, or else it would not be a copy—before I had finished it I left the outer office, and went into his

room, and he told me I was not to come into his room, he would tell me how to do it in the outer office—there was no one in the outer office while I was writing it—Mr. Garey had three other clerks—it was about six o'clock in the evening—I remember taking some letters to the post that night—(Mr. Garey's son was in the inner office when I went in)—this letter, marked "A," was a letter that I took to the Post-office that night—I know there was a letter directed to Mr. Bellamy among those I took that night—Mr. Garey told me to see how much the postage came to, and to put on the stamps—I ascertained the weight, and was obliged to put more than one stamp upon it—I was not in time for the post—I am able to say this is a letter that I took to the post on that Saturday night—I know there was something inside the letter by the feel of it—I left the prisoner's service on Saturday evening, the 24th—I gave the paper I had copied, to Mr. Garey, together with the one I copied from.

SAMUEL PARKINSON . I am a clerk in the Accountant-General's office. When an order is made for any payment into the name of the Accountant-General at the Bank, the solicitor brings the order to the Accountant-General's office, and the clerk who takes the order reads it, to see what is to be done under it—whatever the order directs to be done the clerk draws—in such an order as this there are three separate sums to be paid into the Accountant-General's name to three separate and distinct accounts—one of these sums requires that the interest of it should be verified by affidavit, and then, as far as that sum is concerned, the solicitor must bring an affidavit of the amount of interest to be paid under the order—from such an order as this the clerk would draw three directions, one sum to go to one account, one to a second, and one, with interest, to a third—the certificates or directions are then handed over to another clerk to examine with the order—he then draws another certificate, which we call in the office a duplicate, but it is not exactly a duplicate, as the tense is altered—the first direction is to pay it in, and the other direction is, having paid it in; it is a duplicate with that difference—the first direction is taken into the Accountant-General, whose order the clerk proceeds to draw; and if the Accountant-General finds the certificates are drawn agreeably to the order he signs them—the second certificate is not signed then—it is put by—the first is entered in a book, and then delivered to the solicitor, who takes it to the Bank, pays the money, and obtains a Bank receipt—he then brings that receipt back to the Accountant-General's office, signed by the cashier, which is compared with the duplicate, and if found to be correct, it is annexed to the Bank receipt, signed by the Accountant-General, and taken to the office of the clerk of accounts, a branch of the Report-office, where they are both filed—office copies are then made of them—the originals are filed and kept in the Report-office, for the purposes of Court—the office copies are received by the Court as evidence—they are brought to the Accountant-General's office, and put into pigeon-holes under letters, for the solicitors to take away—(looking at the forged document)—this is very nearly in the form of such an office copy as I have described, but in those the price is 3s. 10d., and this is 2s. 4d.—a wrong price is charged for it—they charge so much per folio at the Report-office for copying, and the price is always put in the margin—it has nothing to do with the contents of the order—the document itself is in the ordinary form of an office-copy, such as I have described—there is no price on the original—the "2s. 4d." is not a copy of anything—such a certificate as this would not be a certificate under this order, because it directs to pay three different sums—the original could not possibly be drawn so, this is such a certificate as would be made if there was but one sum.

Q. Do you observe any appearance of a stamp upon that? A. Yes—it is very faint now—it purports to be the stamp of the Report-office, I have not the slightest doubt of it—the office copies issued from the Report-office always bear such a stamp as that—that is the evidence of their being office-copies—I have not the books of the Accountant-General here—I have searched the books all through—I have an original certificate here which the Bank sends to us of a night when the money is paid in—it is the practice for us to receive private intimation from the Bank every night of the money that has been paid in—I have searched every book of the Accountant-General in which entries would be made of this proceeding from the 5th of Nov., 1844, up to the prisoner's committal, and I find no entry whatever of any proceeding—the direction-book is kept by a junior clerk in the office—entries are made in it of all orders and payments of money into Court—if the order had been brought to the Accountant-General's office and acted upon, it would have appeared in the direction-book—I should have seen the direction from the Bank, but not the order—the second clerk in the office would have seen that, and would have drawn the direction—it would be my duty to examine both very minutely together, to see that they are alike, I mean the Accountant-General's certificate, and the Bank certificate, before he signs it—on my laying it before him he signs it—the order could not have passed the Accountant-General so as to get the money into the Bank, without my being cognizant of it—it could not have been acted upon without my having seen it—if the money had been paid I should have seen it, after it had been paid—there must, as a matter of course, have been an entry in the direction-book before the certificate is carried to the Bank—the direction-book is one of the public books of the office—I have examined that direction-book minutely from the date of the order to the time of the prisoner's committal—I have no recollection of any circumstance relating to the payment of this sum of 2596l. 17s. into the Bank, but it could not possibly have been paid under that order—it must have been in three separate certificates—it is quite impossible that, under such an order, there could have been such a certificate as this purports to be a copy of—we could not have told the amount without an affidavit, and there is no affidavit there—the original affidavit would be filed in the Affidavit-office, and we take the office-copy—I have not searched at the Affidavit-office—the solicitor would take the office-copy away with him with the order.

Cross-examined by MR. CHAMBERS. Q. What are the letters on that mark which you say purports to be the stamp of the Report-office? A. I really cannot read it—it is very different now to what it was when I first saw it—there is not a single letter distinctly visible—I think the stamp of the Report-office is as plain as can be—none of the documents are filed in our office—when the sums are to be paid in separately, there is a separate certificate from the Accountantgeneral—if one sum has interest to be calculated on it, that is to be ascer tained by affidavit—the interest must be ascertained up to the time of payment, and they swear the interest two or three days beyond the affidavit, so as to give them that time to pay the money in—the certificate certifies that the money has been paid in to the account mentioned in the order—they are both signed by the Accountant-General—we call it a certificate and a direction both—the certificate to pay in is an entirely separate document to the certificate that it has been paid in—one is sighed by the Accountant-General, and the other by a cashier of the Bank—they are both in the same certificate—they are distinct documents—they are both annexed to the receipt, and filed at the Report-office—I have nothing to do with the Report-office—the Accountant-General's office closed about the 17th or 18th of Aug., not so

early as the 10th—a direction to pay in money would have been attended to up to the very day of closing—there is generally a great rush of people before the office closes—a great number of orders are brought in for the payment of costs, which keeps the clerks employed—the office does not open again till about the 2nd of Nov., the first day of term—if the interest is calculated short of the day of payment we could not take the money—the Bank would not take it—the Accountant-General's direction is to pay in on or before, up to the date—there is no order that all sums paid to the Accountant-General should be paid in cash, and not by check—not one-tenth part of the railroad money has been paid in cash.

MR. ATTORNEY-GENERAL. Q. You say the certificate signed by the Accountant-General, of the money having been paid in is one document, and the receipt from the Bank another? A. Certainly—they are wafered together, and deposited in the Report-office—the office copies are made both from the certificate and the receipt, in one document, on one sheet of paper—it is one copy of the two documents.

JOHN REID . I am in the office of the Clerk of Accounts. This paper purports to be an office copy of the certificate of the Accountant-General, and of the receipt of a cashier of the Bank—it being dated 25th June, the original would be filed in the office of accounts of the Report-office the following day, and at that time it would have been brought to me personally by a clerk of the Accountant-General—if it had been genuine (but it is a forgery) I should have examined it, and had it entered by a junior clerk in the journal of that division, and then I should myself have examined it with that journal—it would then be handed down to the Report-office to make an office copy—it would then come back to me, and remain in my custody twelve months—it would have been in my custody from June till now—I have no such paper in my custody corresponding with this.

Cross-examined by MR. CHAMBERS. Q. How do you ascertain that? A. Because I have examined them from the 23rd of May up to the end of Trinity term, and from that time onwards till the prisoner's apprehension, and there is no such document—I have examined the documents in the Report-office—they are done up in bundles, and arranged according to the return—I have searched those bundles since the 22nd of June—the Account-office is a branch of the Report-office—I am a clerk in the office of accounts—that has been established from the time the Accountant-General's Office was established in 1726—there are four divisions, and three clerks in each division—William Lambert is the senior clerk—he is called the chief clerk of accounts—the clerk of reports is John Reid, my father—he has held that situation from eight to ten years—he performs a great part of that duty himself—he is not able to perform the whole of it—he performed part of it in June and July, but was assisted by a younger son—he was at the office every day, never omitting one day—the original certificate would be deposited in the Accountoffice, not in the Report-office—they are afterwards filed in the office of accounts, and after that they become records—I have nothing to do with the office copies in my official capacity—I made the search among the files of certificates the day before I went to Bow-street—they are kept in my custody—I should say I looked over from 3000 to 4000—no one assisted me—I was engaged upon it about five hours—they are not folded, but lying open—I turned over each one separately, and read the titles of them—I mean to say distinctly, on my oath, that between June and Feb. no money whatever was placed to that account; not on account of the trustees in the matter of Edward Frank, a lunatic, on the account named in the order—the heading

of each particular account would give me that information—the heading of this account would be, "In the matter of the Rev. Edward Frank, a person of unsound mind"—I am quite certain there was no account of the sort—I could not find anything by the name of Frank—I looked at every part where it ought to have been in the book, and examined the whole of the others—I examined under the initial of the letter F; and moreover, had it been paid in, and not been in our book, we should not have agreed on our annual balance with the Accountant-General—there were not 4000 or 5000 of the letter F; but I looked under every certificate that had been filed in the office, from the first day of Trinity term till the day the prisoner was apprehended; and that included not only those of the letter F, but every letter in the division from D to I in which it could have been filed.

MR. BODKIN. Q. Assuming there had been a genuine document corresponding with that, could it possibly have been filed in any other division than that which you have searched? A. Certainly not.

FREDERICK REID . I am the brother of the last witness, and am a clerk in the Report-office of the Court of Chancery—my father, John Reid, is the senior clerk in that office—I am a clerk under him—he filled that office in June last, and was attending there regularly during that month—the certificates of the Accountant-General, with the Bank receipts annexed, are brought into our office to have office copies made of them—this document is in the form of an office copy, but it is not a genuine document, because office copies are made with twenty-six lines in a page and seven words in a line, except the title, and "The Governor and Co.," is four words in a line in a genuine document—the fee here marked 2s. 4d., is not the proper fee—it would be 3s. 10d.—it is according to the number of folios—there is something here resembling the mark of a stamp—it is not made by our office stamp—there is a slight resemblance, and it looks near upon the same size—it was clearer when I saw it before—I never saw the words "Report-office" on it—there was a faint appearance of the word "office" when I first saw it, but I could not see the word "Report"—this is a genuine stamp (looking at one)—it is not on the same part of the paper—this is lower down—I should certainly say it is a forged and counterfeit document.

Cross-examined by MR. CHAMBERS. Q. Who stamps them? A. Myself generally, sometimes my father, with a hand-stamp—the office copies are not always made by the clerks in the office, because it would be impossible to do all the work of the office—the work is sent out, not to law writers, but to persons whom we know, whom my father employs—they take them home to do—the solicitors' clerks never copy them—I never knew an instance of it, not of Accountant-General's certificates—they are not sometimes copied by mere children—they certainly have been copied by women who write a very good hand, but they are parts of the families of the clerks in the office, and by no one else—they are corrected with the original documents—they are persons whom we know, who would copy them accurately—we never send them to any but the families of clerks in the office—there is one other person—I have beeen acting for my father ever since he has been there—I should say there have not been hundreds of instances in which Accountant-General's certificates have been copied by persons unconnected with the clerks' families—they are given out by myself to the head writer, and then divided among the other writers, to each their portion—Accountant-General's certificates are always copied by the clerks, because we are particular about them—their families may do it, if there is not sufficient other work—it is confined to their families—it is not left to the clerks to copy them themselves, or to employ others—I should soon detect that—they are given out to the clerks in numbers, and

taken away—they must be copied properly, and they are hands that work for us all along—I know the hand-writing of all the persons sanctioned by us—I believe there are ten persons employed to copy certificates, five in the office and five out—I know their hand-writing—they all pass before me—there is Mr. M'Keen and his son, Mr. Sheen, Mr. Adcock, and Mr. Hatton, in our office—my brother, two daughters of Mr. M'Keen, and two daughters of Mr. Sheen out of the office—those are all that I am aware of—they always come back in the same hand-writing—if I saw a different hand, I should inquire whose it was—I believe we always keep to the same number of words in a line as near as possible—it would be impossible to do so always—there is a rule in the office that office copies are to be made in a general form, and I believe it is generally attended to, but it would be impossible to count every certificate that comes in—the object is to regulate the payment according to the number of folios—if I were to see anything wrong, I should make them copy it over again.

MR. WADDINGTON. Q. These are sent out by your father's orders to these different people to copy? A. They are—the writers examine them with the originals before they are given up to me—they are compared with the originals to see if they are correct, when or before they are brought back it is the duty of the writer to examine them—they are paid a halfpenny a folio for doing so—I then mark the fee upon them, and put on the stamp.

COURT. Q. Do you mark the fee on all the office copies? A. Sometimes they are marked by the writers, if they are certain about the date, but still it comes to me to see whether it is right or wrong—either myself or my father always put on the stamp—I act as my father's deputy—the originals are kept in the office of accounts twelve months—they are then arranged and labelled, and brought to our office, and there they remain—we make office copies of them if required—ours is the proper office in which they are ultimately deposited.

SAMUEL GEORGE SMYTH . I am a clerk in the Chancery Office of the Bank of England—it is part of my duty to receive and pay money, according to the directions of the Accountant-General—on the production of a form similar to the first part of this document, I should receive monies presented at the office—when a party comes to pay money in at the Bank, he hands this direction to the clerk, with the money—the direction is preserved in our office—when the money has been paid a receipt is handed to the person paying it in—he takes it to the cashier to be signed—the entering clerk also signs the receipt—an entry of the payment is made in the cash-book, in many instances by the clerk who receives it, but not always—a duplicate is made out of all the payments made into the office during the day, and sent to the Accountant-General, a duplicate of the cash-book, with each item—that is sent by a messenger to the Accountant-General's office the same afternoon—after the cash-book leaves the office to which I belong, it is posted into the ledger, next morning—this document purports to be a copy of a Bank receipt—the name of the entering clerk is F. H. Ward, and the name of the cashier W. R. West—there was no cashier of that name in June last, nor any such entering clerk as F. H. Ward—I have the cash-book kept in our office of 25th June last—I made the entries on that day—there is no entry of any sum of 2596l. 17s. to the account of the Rev. Edward Frank, a person of unsound mind—I have searched further beyond that day to see if there is any such entry—there are five books, each cash-book does not work the same day—this is No. 5, and there are cash books numbered from 1 to 5, consequently on the morrow the 26th, No. I would be in work—I have searched all those books, and find no such payment—if it

had been paid on the 25th of June, it must have appeared in this particular cash book—the entry is always made the same day, and about half an hour or an hour after the receipt of the money—the directions which are brought are filed in our office—they are passed to the Ledger-office the day after they are brought, about nine o'clock in the morning, and are returned usually about eleven or twelve o'clock—I have searched the files, and there is no such direction as this.

Cross-examined by MR. PARRY. Q. I believe it is the practice of the Accountant-General's office only to receive cash in payment? A. Only cash—a check would not be received as payment under the Accountant-General's certificate—it would not be received if it was a check from anybody who had an account with the Bank, because the drawing accounts are kept in the Drawingoffice, and the clerks in the Chancery-office have no means of knowing whether there is cash for such accounts, but a check from the Drawing-office would be received—there can be no such thing as a private check of the Accountant-General—it would be a Drawing-office check.

JOSEPH BOARDMAN . I am a clerk in the Exchequer-office, of the Bank of England—I keep the ledger—it would be part of my duty to enter into the ledger the sums paid into the account of the Accountant-General—the letter F would be in my department—I have carefully examined the ledger—I have a copy of the account in question, relating to the Rev. Edward Frank—I have carefully examined it with the book—I got it from the ledger that is under my charge—(the check was here read.)

MR. SMYTH re-examined. We should not receive a crossed check at the Accountant-General's office—we require the money—it is the universal practice to pay money in.

MR. PARKINSON re-examined. I have now got the direction-book—I have searched it carefully from the 4th of Nov., 1844, up to the present time nearly—I find do entry of any direction or certificate relating to this sum of 2596l. 17s.

(Jonathan Wagstaff Bryant, Esq., Clement's-inn; Rev. Edward Manners, Goldby-hall, Leicestershire; Brodie Allan Cock, Esq., Laleham; William Revel Vigers, Esq., Russell-square; Hon. and Rev. Augustus Cavendish; John Heard Coe, Esq. Q.C.; William Scott, wine-merchant, Camden-street North; and William Henry Smith, Esq., barrister-at-law, deposed to the prisoner's good character.)

GUILTY . Aged 51.— Transported for Fifteen Years.

OLD COURT.—Saturday, 28th February, 1846.

Fourth Jury, before Mr. Baron Parke.

23rd February 1846
Reference Numbert18460223-684
VerdictGuilty > unknown

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684. THOMAS WILLIAM WICKS was indicted for the wilful murder of James Bostock; he was also charged on the Coroner's inquisition with the like murder.

MESSRS. BODKIN and BALDWIN conducted the Prosecution.

JONATHAN N----. I knew James Bostock, who is now dead—he was a brass-founder, about forty-six years old, and lived in Pitt-place, Drury-lane—I saw his body at the hospital after death—it was the body which the coroner's jury viewed.

SAMUEL PARSONS . I live at No. 4, Pitt-place, Drury-lane, and am a coach-plater—I knew James Bostock perfectly well—he lived in the same house—the prisoner was apprenticed to him—I saw Bostock alive last on Monday morning, the 16th of Feb., at six o'clock—it was after he had been wounded—I had not seen him that morning before—about six o'clock that

morning I was just going to get up, and heard a voice distinctly call "Master"—I could not exactly distinguish whether the voice came from inside the house or outside, but should say outside the door—the prisoner did not reside in the house—I could not distinguish whose voice it was—it was a usual thing to hear "Master" called at that time in the morning, according to the season of the year, sometimes from the apprentice, and sometimes one of the workmen in the deceased's employ, whoever happened to come first—I proceeded to dress, and when about half dressed I heard a report of fire-arms—that was not above two or three minutes after I heard the call of "Master"—I finished dressing, and proceeded down stairs—it might be ten minutes after the report before I reached the bottom of the house—when I got down I found a candle which had been burning—I got a light from Goodman, who lives opposite, and who was standing at his door—Mrs. Bostock was then coming down stairs with a candle in her hand, and then I saw the body of James Bostock lying in the passage of the house, directly in front of his own shop door—he was alive then—one side of his head, his left shoulder, and, in fact, half down his person, was in a pool of blood—I then went for a policeman, who came, and the deceased was taken to the hospital—he never spoke—he groaned—I spoke to him two or three times, but could get no answer—I do not know of any quarrel between the deceased and anybody.

FREDERICK WALKER . I live in Princes-street, Drury-lane, and am a book-binder—I knew the prisoner as apprentice to Mr. Bostock—on Monday morning, the 16th Feb., I was at a public-house at the corner of Princes-street, about a hundred yards from Bostock's house, at six o'clock in the morning—the prisoner came in about five minutes after six, and called for a penny worth of rum—I went to that house sometimes of a morning, but never saw him there before—I asked him if Jem (meaning his master) was up—I have known him many years, and always called him Jem—he said, no, he was not, he would not be up till about half past six or seven o'clock—he drank his rum and went out of the door—he was not more than two minutes in my sight at the outside—I wished to see Mr. Bostock that morning, and I said that would do for me—he went out at the door leading towards his work—it would be the nearest way.

MARTHA HASLETT . I know the prisoner—I saw him on Monday morning, the 16th of Feb., at nine o'clock, at the corner of Chiswell-street and Finsbury-square—I saw him when within about thirty yards of him—I said, "Is that you?"—he said, "Yes"—I said, "Are you not going to work this morning?"—he said, "No, not to-day"—I asked the reason—he merely said because he was not going—I said I was going and was in a hurry—I walked on—he said, "I am going this way," and walked across the square with me till we came to Sun-street—he then said, "Are you going to have anything to drink?"—I at first refused, but went and had a little gin with him in Sun-street—at the time I met him he was sober—I noticed he looked rather flurried and pale, but he was always very pale—there was nothing particular in his appearance—I had seen a pistol in his possession one Thursday night—I think it was last Thursday fortnight, as near as I can judge—I parted with him on his morning at the corner of Primrose-street, Shoreditch—he shook hands with me, and asked what time I should leave off work—I told him about eight o'clock—he said, "Perhaps I will come and meet you"—he shook hands with me and wished me good bye—he did not meet me—I had promised him a week before, that I would take a half holiday and go to the play with him, and I said to him on this morning, "You might have stopped at work to-day till this day week, and I would have taken the half holiday, and we would have gone to the play"—he poured me out the gin, and did not make me any answer—nothing further passed on the subject.

Cross-examined by MR. BALLANTINE. Q. Had you met him by appointment? A. No—he knew the way, I came as far as Finsbury-square, but not the rest of the way—we had previously arranged to go to the play the first half-holiday I had.

JOSEPH WALFORD . I live in Trafalgar-street, Walworth, and am a gunmaker. On Monday or Tuesday, the 9th or 10th of Feb., the prisoner called on me—I had never seen him before—he brought a small pocket flint-pistol with a screw-barrel—he asked me to unscrew it, and put a flint in, so that he could use it—he asked me for a few slugs—he wanted the barrel unscrewed—I oiled the spring, and undid the barrel while he waited, for which he paid me 6d.—he told me, while I was doing it, that he wanted it to shoot a dog, which had bitten him under the left jaw, and he showed me a scar which he said the dog had done—he asked if I could get a ball to fit the pistol—I looked in my drawers; I had not got one, but gave him a few slugs, and told him they would do—I have since given one of the same kind of slugs to the police-sergeant—he came next day, and asked me to look at the pistol, because it had missed fire—I asked if he had shot the dog—he said yes—I tried the pistol once or twice—the pan appeared to go down well—I put a little powder in it, and it flashed two or three times—I returned it to him, saying there was no fear but it would go off—on Friday, the 13th, he came again, and brought me a percussion pistol, told me he had exchanged the old flint one for it, and given half-acrown to boot, and asked what I thought of the bargain—he brought it to me to unscrew the barrel—it appeared to have laid by, and the screw got rusty—I unscrewed it with a little difficulty—he had in his possession two balls, which he gate me, and asked if they would fit the pistol—I tried them, and they fitted—he asked me for a few percussion caps, which I gave him, and a little powder, which came to 6d., which he paid me—I asked him what he wanted the pistol for, as he had shot the dog—he said he was going shooting on Sunday morning on Primrose-hill—I cautioned him to be careful how he shot a ball on Primrose-hill or anywhere else, as a ball would fly a great distance, and might injure somebody—he said he would take care no accident happened, and took the pistol away—I did not see him again till he was at Bow-street.

Cross-examined. Q. Did this appear an old scar? A. It appeared a little red—I did not examine it particularly—it has the same appearance now—it was not bleeding—I was not more than a yard from him, and it did not appear more recent then.

JAMES STONE . I live in Great Wild-street, and am an oil and colourman. I know the prisoner—he was in the habit of coming to my shop—he came to purchase some gunpowder first on the 7th of Feb.—he said he was going to shoot birds on Sunday morning—he came again on the following Monday morning for more gunpowder—I asked what he had shot the morning before—he said he shot several small birds, and a large one which he did not know the name of—from his description of it I thought it was a snipe, and asked what he had got to shoot it with—he pulled out a pistol, and showed me some small bullets—they appeared a sort of unfinished bullet—I asked him to give me one of them, which he did—I kept it, and when the officer came I delivered it to him—this is it—(looking at one)—I marked it.

Cross-examined. Q. In what state did he appear when he was talking about bird shooting? A. I did not particularly notice—he was quite calm.

EDWARD MALLARD . I live in Drury-lane, and deal in unredeemed pledges. I know the prisoner by seeing him about the neighbourhood—he came to me on Wednesday, the 11th of Feb.—he came backward and forward to my shop on two or three occasions—he asked me in the first instance if I had a percussion

pistol for sale—that was on Wednesday—I had one, which I showed him—he tried to unscrew the barrel, found he could not, and disapproved of it then—he said he would come again about it—he was backward and forward two or three times that day, and on each occasion alluded to the pistol, and, I think, the third time he came, he said he had an old pistol which, in the event of his having it, he must exchange—I had asked him 5s. for it—he fetched his own, which was a flint pistol—(producing it)—he held it very carelessly in his hand—I went to take it into my hand—he said, "Don't take it, it is loaded"—he unscrewed the barrel, and I saw there was a bullet in it—I remonstrated with him for carrying a pistol in that way, and he took it away—he said, "I only brought it to see what you would allow for it;" and that he would not give more than half-a-crown and the pistol—I wanted 3s.—I ultimately let him have it—he paid me half-a-crown—I asked him what he wanted it for, and he said to shoot birds.

MARGARET CONNELL . I live at No. 5, Orange-court, Drury-lane, and let lodgings. I know the prisoner well—he lodged at my house two nights on Saturday and Sunday, the 14th and 15th of Feb.—he first came in the early part of the day, and brought his clothes and box to my house—I saw him between six and seven o'clock that evening (Saturday)—he left me half-a-sovereign, and told me he had borrowed it of his mother—he said he had met with an accident—I said, "Thomas, what is that?"—he said, "I have lost 11s. of master's property"—I said I was very sorry for it—he (the prisoner) said, "He will stop no more than 2s. or half-a-crown a week, till the money is made up"—I said, "Thomas, perhaps he will stop it all"—he afterwards came and told me his master had stopped it all—he left with me the duplicate of a watch-guard and 1d., and told me, if any person called, to give him 4s. 1d. and the duplicate—nobody called, and I gave him back the money and duplicate—he went out, and brought the watch-guard in, and put it on his watch—this was all on Saturday evening—he showed me a pistol that evening—he pointed it at me, and told me it was loaded—I asked him what he was going to do with it loaded—he told me he was going to Primrose-hill on Sunday to shoot birds—he went out between eight and nine that evening, as near as I can recollect, and returned at twelve—before he went to bed he gave me 10s. in silver to keep for him—he went out on Sunday morning between eight and nine, to his mother's, as he told me, and was not long away—I saw him about half-past eleven, and he was clean—all day on Sunday he kept fidgetting in and out—he came into the house about eleven at night, and went to sleep on a chair, and then went to bed—he was sober both on Saturday and Sunday night, to the best of my belief.

JOHN COLLARD (police-constable F 44.) On Saturday night, the 14th of Feb., I was on duty in the neighbourhood of the late Mr. Bostock's house, and was called in by Mr. Bostock about seven or eight o'clock—I found the prisoner there—Bostock said he had sent the prisoner for some money, he had returned and said he had lost 11s., and he wished to give him in charge for detaining the money, and appropriating it to his own use—he said he was an apprentice—I was about to take him into custody—he offered half-a-crown a week till the money was made up—Mr. Bostock refused, and said he would not do any such thing, as the prisoner's conduct had been so very bad before—the prisoner then said, "How am I to live this week?"—Mr. Bostock did not say anything to that—the prisoner consented to allow the money out of 14s., the week's wages—his master said this was Saturday, and he had 14s. due, and he must allow it then—he received 6d.—he had had 2s. 6d. during the week—he took it, and went out of the room immediately—nothing was said about any application to his mother.

Prisoner. It is quite false.

JAMES PORTER . I lodge at No. 5, Orange-court, Drury-lane, and am a smith. I know the prisoner—he came to the house on the 14th of this month to lodge there—he had taken the lodging before—he was to sleep in the garret, the same room as me—on the Saturday evening when he came he asked me if I knew anybody who had a pistol for sale—I said I did not—this was the day before Mr. Bostock was killed—he slept in the room that night, but I did not sleep with him—I saw him on Sunday morning with his Sunday clothes on—he went out—he came in again at dinner-time, and I saw him several times during the day—he came in at night—I was in bed—he came up to bed about half-past eleven o'clock—I asked him what time he was going to get up in the morning to work—he said, at six—I told him to call me when he got up, as I was going to work early—he got up in the morning and called me—I asked him the time—he said it wanted ten minutes to six o'clock—I said I was not going to work before seven o'clock—he went out, and did not return that morning.

JOSEPH THOMPSON (police-constable F 62.) In consequence of directions from my superintendent I went to a coffee-shop in Great Queen-street, Lincoln's Inn-fields, on Monday morning, the 16th of this month, about ten o'clock, and found the prisoner in the ground-floor front parlour, taking coffee—it is a public room—he was alone—I took him into custody, and told him it was for murder—he asked me to let him drink his coffee, and he would go with me—he did so—I took him to the station—I did not say anything to induce him to make a communication to me—as he went along he said, "I want to speak to you; is it true that Martha Haslet is taken for this?"—I said, "I do not know, but I believe she is at the station"—he said, "So help me God she is innocent; I keep company with the girl, but she knows nothing about it"—I then told him anything he said I might use in evidence. against him—he thanked me, and said it was all right—I then thought he was in the act of putting his hand into his right-hand pocket—I pulled his hand up, and placed my hand in his right-hand pocket—he said, "There is nothing there; I bunged that at Gravesend"—I said, "What, the pistol?" he said, "Yes," and said, "Is he dead?"—I said, "Yes,"—he said, "He has been a b—y rogue to me, and I have had satisfaction; this has been brewing for him a twelvemonth; he had me for my money, and not for my work"—(I believe the word was "work")—he said, "Is he really dead?"—I said, "Yes"—he said, "Then I shall die happy; I dare say I shall suffer"—I took him to the station, searched him, and found 7s. 2d. upon him.

WILLIAM DYOTT BURNABY . I am chief clerk at the police-court, Bow-street. On Tuesday, the 17th of Feb., I attended when the prisoner was examined before Mr. Twyford on this charge, and took down the examination of the witnesses and of the prisoner—I took down Thompson's deposition—(here the witness read the deposition of Thompson, which in every respect agreed with his evidence in Court)—the prisoner then, on being asked if he would ask him any question, said, "What he has said is true enough."

WILLIAM POCOCK (police-sergeant F 14.) I was with Thompson when he took the prisoner into custody—I followed them to the station—when he was going in at the station-house door some person, who was outside, spoke to him—the prisoner turned his head round and said, "It is revenge," or, "I have had revenge," I will not be certain which—during the time he was in the charge-room he held out his right hand to shake hands with me, and said, "Well, pocock, I do not blame you for finding me"—he then said, "He was a b—y master, and it is a wonder he did not get it (or have it) a twelvemonth ago"—I then removed him to the cell, where I remained with

him all night—shortly after we were in the cell the superintendent Pearce came in—the prisoner asked if his master was dead—he repeated the question the second time, and Pearce said, "Yes"—the prisoner answered, "Then I shall die happy myself"—about half-past five o'clock the following morning, the 17th, the prisoner said, "I suppose it is getting towards six o'clock"—I said it was—he then said, "I was busy enough yesterday morning at this time, but I was sorry for him after I had done it, but he behaved very bad towards me"—between eleven and twelve o'clock the prisoner laid down and I think he went to sleep—he rose up at twelve o'clock, and said, "Oh Pocock! what is worse than a guilty conscience"—previous to that he asked me whether his mother would be allowed to have his clothing—I thought he was alluding to the clothes he had in his boxes, and said yes, if she made application for them—he then said, "Because she might as well have them as Jack Ketch"—I requested him not to say anything further to me about the clothing—he said he had reason; it would be life for life.

MR. BURNABY. I took down the deposition of this witness—(this being read was precisely the same as deposed to in Court)—the prisoner being asked if he had any question to put to this witness replied, "I have no question to put to him; the statement is so strictly true, my conscience won't let me deny it; I own I am guilty, and I only wonder I did not do it twelve months before, for his cruel treatment to me."

JOSEPH DUNTON . I am house-surgeon of King's-college hospital—on Monday morning, the 16th of Feb., about half-past six o'clock, the deceased, James Bostock, was brought to the hospital quite insensible, and the upper part of his body covered with blood, caused by a gun shot wound on the left ear—the ball lodged in the brain—he died shortly after three o'clock in the afternoon—I examined the head, found the ball in the right half of the brain, and produce it—that wound was, undoubtedly, the cause of his death.

Cross-examined. Q. Did you know the prisoner before? A. No—I have attended many cases in which accidents have happened to the head, in which there has been some pressure or congestion of the brain.

Q. Have you found when that has occurred, persons subsequently may be subject to a certain partial derangement of the mind? A. Not to my own knowledge—it is likely—it might.

Q. If a blow is inflicted on the head, the result of which has been insensibility for fifteen or sixteen hours, must that necessarily be the result of the brain being affected in some way or other? A. Certainly—it would be an affection of a somewhat serious character for a time—it might arise both from a rupture of a vessel or from concussion causing congestion of the vessels of the brain—congestion would not necessarily leave a turgidity in the vessels—it might do so in an elderly person, not in a young person—the circulation would go on right afterwards—the vessels might regain their strength, and they might not, certainly.

Q. Where either congestion or rupture of a vessel has once occurred, it would, I presume, leave those parts extremely susceptible? A. It all depends on the cause—congestion arising from a blow would not render the brain liable to disease in excitement—it may arise from some internal cause, from the body being out of order—congestion would be more likely to occur if a blow took place when the circulation of the blood was at all obstructed—cases of that kind have not come within my observation afterwards, merely at the time of accident.

MR. BODKIN. Q. You make a distinction between congestion produced by some external cause and what might be called spontaneous? A. Exactly so—if it arise from outward causes it will, in all probability, be removed when

the cause subsides, the other would indicate disease of the organ—if a person of the prisoner's age met with an accident causing insensibility for fifteen or sixteen hours, and afterwards attended to his ordinary avocations and pursuits, I should certainly not infer there was any amount of disease in the brain.

MR. BURNABY. After the evidence of the witnesses had closed, toe prisoner was cautioned that what he might say might be used in evidence against him—he then said—(reads:)

The prisoner, on being asked if he has anything to say, states,—"When I went on Saturday night to the governor I came in and says, 'Master, I have had a sad misfortune; out of Mr. Cant's money, which was 15s. 24d. which he paid me with half a sovereign and silver barring the halfpence—I put it into my right trowser's pocket when I received it; I did not know there was a hole in it, and coming up Holborn, about 300 yards from where I had received it, I heard the jink of a shilling, I looked round and saw one at my toe; I then stooped down and picked it up, and commenced searching my pocket, when, to my great surprise, I found the half-sovereign, and a shilling minus, besides the one I had picked up; I walked back, but could see nothing of it; I was assisted in looking for it by some labourers and two men of the same firm where I had received it. Finding nothing of it, I went and acquainted my master what had happened; my master was a little in drink, but not much, and said, 'Well, then, you must be the loser of it;' no more passed then, but I went up to get paid; when I went up I said, 'I have not found any tidings of the 11s., sir. (I had then been a second time.) I said, 'Certainly I'll be the loser of it, and pay 2s. 6d. a week, if you will allow me;' he said, 'No, you won't, I will stop every b—y farthing to-night;" then said I, 'Sir, you doing so, what am I to keep myself on next week? 'Why,' says he, 'go to your mother and borrow money of her, as you have done before. 'I said, I could not for shame's sake borrow of her, for I borrowed enough of her when I was out of work, the week I summoned you.' I immediately after made an offer to pay 5s. that night out of the 11s.; he said, 'Not a b—y farthing you shall have, so,' says he, 'it's no use your waiting, you had better go.' 'No, sir,' says I, 'I shall not, for my indentures express me as an indoor apprentice, and if you won't give me my wages, or part of them, you must keep me;' when he saw I would stop, he said, 'I'll d—d soon turn you out myself,' and then he commenced, and we had a scuffle; when he saw he could not get me out, he said, 'I'll not lay hands on you, I'll fetch a policeman; and on his going, mistress said, 'James, don't have no bother, but give the lad part of his money.' 'Not a d—d farthing,' he says; the policeman then came up, he gave me in charge for being riotous in his room and not going out, I stated what was the cause of it to the policeman, and he sadly wanted to take me—the policeman said, 'You must either pay it, or go down along with me;' so sooner than be locked up all Saturday night and Sunday I paid the 11s. and half a crown which I had borrowed of him, made it up 13s. 6d. out of 14s.; and he gave me 6d., and I borrowed half a sovereign of my mother; mistress was present, and I do not think she will deny it."

MARTHA HASLET re-examined. Since the prisoner has been in custody I saw a pistol, at the coroner's inquest, but it was not the one I had seen—I have not been to Gravesend, nor had anything to do with, a pistol since he has been in custody.

Witnesses for the Defense.

REBECCA WICKS . I am the prisoner's mother. He is twenty years of age—I recollect about seven years ago an accident happening to him from a fall on his head—he was running, and he seemed to run beyond the space and fell

down—I did not see him fall—he was brought home to me, and had the appearance of a maniac, quite insensible—he was silly—I sent for a medical gentleman, Mr. Harvey—he remained insensible during the night—the accident happened in the evening—he came to his senses the next day—that was previous to his being apprenticed to Mr. Bostock—he is now in the fourth year of his apprenticeship—about two years ago he took laudanum—it was in 1844—at that time I again applied to Mr. Harvey, and he attended him—after the fall had occurred to him I noticed a very great difference in him—a strange incoherent manner—sometimes he would come in very cheerful and in a great hurry and ask for his meals—I put it out for him—he would sit for ten minutes, perhaps, and then turn round and say, "Mother, why don't you get my tea?"—I said, "My dear, I have put it, it is cold," and he would start, and go and leave his meal—that eccentricity of manner often occurred—from a child he was of very strange manners, nothing at all like my other two children—I know his handwriting—that is a letter which was found upon him at the time he took the poison—it is his handwriting.

MR. BODKIN. Q. You are a widow, I suppose? A. No, my husband is living, but I have been separated from him nine years—my other children are both dead—the prisoner is the only one living—in the letter there is mention made of a person of the name of Lynch, a companion of his, a young man he was acquainted with—I do not know where Jim Lynch is now—I have not seen him this week—I did the week before—there is a family of the name of Lynch—I saw him a week or ten days ago—he was a constant companion of my son, among others—they went out together on a Sunday before he was apprenticed, and since—he has not lived at my house lately—he has ceased to do that upwards of twelve months—I live in Queen's-place, Great Queen-street, Lincoln's Inn-fields—he used to live with me, but as there were only myself and my aged mother, I thought it was very melancholy for him, and I thought it would do him service if I could get him somewhere where there were young men, to make him more comfortable—I placed him under the care of Mrs. Miers, who had an amiable son, and I thought it would be a good thing to get him there—my son did not make much of a companion of him—he was much given to study, and my son was so very different to that—he was a very great oddity altogether—he liked going out into the fields better than studying—he did not go to places of public amusement very often, I believe, nor to theatres very often—I had not much knowledge of his acquaintance with the young woman here to-day—I have known her above a month, and of their being acquainted—he took the laudanum when he was at work, not in my house—he was brought home to me from Mr. Bostock's—it was after his apprenticeship, and I went for Mr. Harvey—he did not attend him for more than a week—he was not living with me at that time—he had left me before that took place—I think he left me about a year ago—I cannot be certain when he took the laudanum—he did not live with me then—that was two years ago—I do not recollect any quarrel having taken` place with him about the time he was brought home—I know a man of the name of Nobbin, who worked for Mr. Bostock—Mr. Nobbin brought him home after he had a taken the poison—I wished him to come back to me at that time—I had a difference with him about that time about his coming back again—I wished him to come back again—he was not very willing to do so—he was against coming home—I was not at that time on very good terms with him—I was anxious for him to come back again—I do not know what he told Mr. Noddin—I did not hear anything said about his having taken the laudanum, because I was not on very good terms with him—I was not on good terms with him

at that time, because he did not seem willing to come home—I consulted Mrs. Collins about binding him to Mr. Bostock—she is a friend of mine—I asked her advice—the indentures were drawn at Hoxton—he went on liking to Mr. Bostock's before he was bound, for some time, not so long as a month—he received wages from the first time he went, 6s., a week, and then a rise up to 14s. a week; and that he used to expend in his own way, living by himself, with the exception of what he gave me—he has borrowed money of me sometimes, shortly before this matter occurred, for two weeks running he had half-a-sovereign—he sometimes complained of Mr. Bostock's treatment of him—sometimes he said he behaved very well to him, and considered him a kind master—he was not twice in one tale—he sometimes said he treated him ill, and sometimes said he treated him kindly—I, in consequence of what he told me, spoke to Mr. Bostock about him, and Mr. Bostock made complaints—I spoke to Mr. Bostock more when the prisoner was present than in his absence—the last time but one I went was about twelve months ago, I cannot say exactly—Mr. Bostock had accused my son of attempting to break into his room—I went to Mr. Bostock, and told him if he thought he had any justification for what he said, the law was open to him to take him up, but if not, not to accuse him of theft—that was in my son's presence—Mr. Bostock as soon as he could waived the conversation, and began to talk about his own apprenticeship—he did not say anything about his attempting to break open the door—Mr. Bostock was in liquor—I went for the purpose of speaking to him about it—as far as I can charge my memory, he seemed to deny, or to that effect, that he had said the boy attempted to break into the room—he denied that he had said so, or words to that effect—he said he did not mean it if he said it—my son said nothing—many more words ensued on that occasion, in the same strain—I have seen him once since, after my son took him up for a half-crown—my son made a charge against him for stopping him for bad work, about a month ago from this time—my son summoned him to go before the Magistrate—I went on the occasion of the hearing of it—it was decided in favour of the master—he then went home to his master's house, but his master would not let him work—he said he should not keep his shop open for him—I heard that—his master told me so—that was in the presence of the prisoner—the hearing took place at Bow-street—my son then went by himself to Mr. Bostock—I afterwards went there, and found Mr. Bostock would not let him stop there—I found him at his lodgings—my son then told me that his master would not let him work—that was a month ago—I told my son I was going to the master, and I brought him to the master myself the same evening—Mr. Bostock then told him he was not going to keep his shop open for him, and told me he should not come that night—he said so out of my son's presence and in his presence—my son thought he was ill-treated by Mr. Bostock's refusal, and said that Mr. Bostock would not let him come there with me—I asked Mr. Bostock, when he refused to let my son come to work that evening, if he would let me have an interview with him—he said it was not convenient then, he would in an hour—I went in an hour—I saw my son after seeing Mr. Bostock—I told my son what had passed between me and Mr. Bostock—Mr. Bostock still refused to let him come that evening—I told my son so—he said he knew Mr. Bostock would not let him come, because he would not give him an opportunity of defending himself—it was after that that I went alone to Mr. Bostock on that evening—I saw my son again, after the interview with Mr. Bostock—I told him Mr. Bostock still refused to receive him—Mr. Bostock said he would not keep the shop open for him—throughout the whole of the transaction my son appeared to consider himself ill-treated by Mr. Bostock—that was about a month ago—I cannot charge my memory as to any other occasion on which I

interfered with respect to any differences between him and Mr. Bostock—this was the last that I am speaking of—I cannot charge my memory how many times I have heard my son complain of Mr. Bostock's ill-using him—it may be as many as eight or ten times—he told me Mr. Bostock was careless in not learning him his work—my son complained of Mr. Bostock not teaching him his work, and he complained of Mr. Bostock using most cruel and foul language to him—I have seen him generally on the subject of these complaints of my son, and spoke to him about it—I am certain that there was reason for his complaining, he did not teach him, and that he used foul language to him sometimes—it did not appear to me that he taught him as much as he ought of his trade—all the complaints made by him of Mr. Bostock were much to the same effect—I do not know anything more about the charge of breaking into the room than I have told you of—I went up and saw Mr. Bostock, who was in liquor—he was much addicted to it—he never complained that his master got drunk, but I have seen him so—on that occasion Mr. Bostock said if he had said so he did not mean it, or something to that effect—he did not deny that he had said so—I do not keep the house I live in—there are three families live in the house besides—I have lived there about eight months, I think—my son has come frequently there to see me—he was very kind to me—he used to come and fetch my water, and do anything, and behave kindly, as a son ought—he made no acquaintance with the other people in the house—he had several acquaintances of his own—persons living in the neighbourhood—I do not know any of his acquaintances—at the time the fall happened he was not at school—when he left school he was about nine years of age—at that time he was an errand-boy—he was at Mr. Payne's, in Great Queen-street, where I work at trimming coach-lace—he acted as errand-boy there, I think, about two years, behaved very well, and was trusted by his employers—he had left there when the fall happened to him—he was working then at Mr. Smith's, in Long-acre, a book shop, not as errand-boy, but as a machine-ruler—he was there, I think, upwards of two years—he has not been in many places—he was receiving wages at the time the fall occurred on his head—he was getting 4s. a-week—I think he soon left after that, if I charge my memory right—he went back to his work after he got better—how much less than a week, I cannot exactly say, but it was not exceeding a week, and then he went back to his former employers—his fall was against a brick wall as he was playing.

MR. BALLANTINE. Q. You were not present at the time of the accident? A. No—when he was brought home to me he was in a state of insensibility—at that time he was an errand-boy—he remained ill somewhere about a week, and then went back to work—during the time he remained ill, I had to support him—I am a poor woman, and have an aged mother to support—he was then thrown upon me for support entirely—owing to my circumstances, when he went back he was not fully recovered—perhaps he might have gone back too early—in my opinion, he was not fully recovered—he did not remain there any length of time—before the accident occurred I had no reason to suppose he would leave the service—he came home to me after he had left the service, to live with me—from that time I always considered there was a difference in him from what there had been previous to the fall—it was about this time that these matters took place about the meals—he had not pursued that course of conduct before the fall—but he was a very strange child from his birth, he has a defective vision—as far as I can answer I think it was born with him—he used to come and desire to have his meals and then leave them—he did so very frequently—it was on account of my having observed him to be melancholy that

he left me—that was after I had observed the alteration in his conduct—when he complained of his master's conduct to him, he referred to it generally—sometimes he said his master was a good master, and sometimes a bad master—he did not speak of any particular occasion, but generally—on one occasion I heard from him that his master had made a charge against him of breaking into his room—when I went to the master he did not exactly deny it, but seemed to intimate that he did not mean it—he said he heard a rumbling at the door—I was before the Magistrate with my son, the decision was in the master's favour—my son did not exhibit any anger about his master to me after that, or use any threats—he was not received back immediately to his trade, but he was in work when this matter happened—he did not go to work after his master had been to the Magistrate, not that evening, he did the next morning, and continued to work till the morning of this occurrence—I found this letter in his pocket—I wanted him to come home, and he preferred not doing so—there were never any words passed between us, or any quarrel—generally speaking he has been a kind son to me—he did not exhibit the least cruelty to me—I have received wages from him—I have had 4s. in one week—I have received wages from him on more occasions than one, towards my own support—he squints, and has bad sight at well—I cannot exactly answer whether it increased after the accident occurred.

Letter read—"Sept. 9, 1844.—Dear Mother and all my well wishers, when you Git this I shall be no more; it is my last and Dying request that my Clothes and Handerchiffs ar Given to my old Companion Gim Lynch and his Brothers, and I have much to thank Misses Lynch, for since I have been with them and always found one and all of them a sincere friend, and Granny Lynch and Sarah advised me, as mother—and I thank Walter Gones for shewing what e did in my trade, and I which him my apron till it is thread beare, but as to my Govenere as acted a bloody Rough to me ever since I have bin with him, and my dying and Last curse is on him; my mises as acted as a mises, and I have no Fault to find in her, and I rote this just to let you know the reason why I did it, is because I should never be able to Learne my trade with that bloody Rough of a Master e as got my 10£ and that is all e had me for, and e as ovten told me to Go no now he hass Got the money; I was to my right mind when I done the act and perfectly sober, but my dying curse my master—and my Dear and Aged Grandmother, and all my freinds I hope you will forgive me for the rash step I have takin, and dear frend Jim Lynch I hope you will follow me to the Grave. And now adiew for ever—i hope all young folks will take warning my unhappy end. Jack I forgot you but good by my dear frend, and hope all who read this whil pitty the unfortunate fate of poor Tom Wicks. Good by all. To My Dear Mother."

WILLIAM HARVEY . I am a surgeon, and live in Great Queen-street, Lincoln's-inn-fields. I have been in business for fifteen years—I know the prisoner—I was called in to attend him from a fall that he had had, about seven years back—when I arrived at the house he was in a state of insensibility—I was called in in the evening—I should think he remained insensible about fourteen or sixteen hours—I did not remain with him during the whole time—I saw him on the following morning, at perhaps between ten and eleven—he had not then come quite to himself, but partly so—I remained in attendance on him perhaps about a week—I heard that it arose from a fall—I considered that insensibility arose from some oppression of the brain—I did not see any marks of the fall particularly on his head—I am hardly able to speak definitively as to the nature of that oppression—it is just possible that it might have arisen from rupture of a vessel, or from congestion—there is no doubt it must

have arisen from one of those two causes—(I fancy I had seen the prisoner once or twice before that accident for simple illnesses—I knew him but not to notice him)—it is just possible that either of those causes might affect the brain.

Q. Might it affect the brain in such a manner as to cause insanity in some patients? A. I speak from inference, it might do so—supposing either of those causes existed at that time, it would undoubtedly render the brain more susceptible—great excitement of mind would very much add to the effect—I saw no more of the prisoner until about two years since, when I was called in and found him suffering from the effects of opium—he was in a state of stupor which would follow a large dose of laudanum—I think I attended him about three or four days at that time—I should say he was in danger certainly.

Q. Would such a dose of opium as you found him labouring under affect the brain materially? A. I do not know that it would affect the brain so, very materially, still I should augur that it would operate in that way—I should not say it would affect the brain permanently, on all occasions—it might do so permanently—if the brain were previously diseased or injured I think that would render the chances of permanency greater—if it were permanent, I should say it would interfere with the reason—he was not quite recovered when I left him—he was recovered from the greater danger—I have not seen him from that time to this—I have noticed his vision—if I was asked whether it is a congenital defect or a squinting, I should give an opinion that it might perhaps be on the side of congenital defect of the brain—persons having disease on the brain sometimes exhibit such appearances—they do not always indicate an affection of the brain—from the sort of appearances I observed about the prisoner I should say there was something the matter with the brain.

MR. BODKIN. Q. Is there not an established distinction between congestion of the brain, and the effects that that congestion may have, if caused by external violence in one instance, or by spontaneous congestion in the other? A. I know of no distinctive difference—I differ certainly from the gentleman who has been examined in the nice distinction he makes as to that—I do not think I could tell which was which—possibly congestion from violence might be the more permanent—I should consider that congestion arising from a blow would be more permanent in its effects than congestion arising from constitutional defect or from disease—the effect on the constitution might be longer, and might subject the individual to disease in after life—a state of insensibility may be produced from a blow, from the shock given to the brain, without causing any congestion of the vessels of the brain—I should have called this concussion—in this case I should have augured that it was accompanied by Congestion—there was coma—that might certainly be presented without any congestion—there was no other symptom in particular upon which I form my opinion that there was congestion, that might arise from mere concussion—I did not notice any external mark on the head—I looked for it—I conjecture that there was an amount of disease that might either be severe congestion or rupture of a vessel—I could not pledge my professional opinion that there was a rupture of a vessel—that would be followed by extravasation of blood on the brain itself—I saw no pressure on the optic nerve—I desired him to be kept very quiet, and used the ordinary treatment, quietude and raising the head—I took no blood—I saw him from day to day for a week—I do not think he resumed his employment again before I left him—I gave him emetics to remove the opium—I saw him from day to day for a week—when I first saw him he squinted—I do not say a person squinting from infancy always

indicates a defect of the brain, I say it might indicate it—I say congenitally it might have an effect on the brain.

COURT. Q. Do you venture to pledge yourself that every one who squints has an affection of the brain? A. No.

MR. BODKIN. Q. Is it that a person having a defective brain squints? A. Yes—a person who squints may have a defective brain—I have known squinting occur at an advanced period of life from some defect of the brain, and have known it arise from a blow, from concussion—if a person looked straight for years, and met with an injury in the head and afterward squinted, I should infer that to some injury done to the brain.

Q. Where they have squinted from birth that inference would not arise? A. If so, I should be inclined to believe it was a defect of the brain—I should not infer it congenital squinting nor to any cause in particular.

MR. BALLANTINE. Q. I suppose, if you saw a person in a state of insensibility, and heard they had a blow on the head, you would use the term concussion to that? A. Yes—the brain would not be acting properly at the time—it is difficult to say whether it arises from congestion or a rupture of a vessel of the brain—it is not of necessity either—there may be concussion of the brain without a rupture of the vessel, or congestion—from a shock given to the nervous system—concussion is a term applicable to a rupture of the blood-vessels, to congestion of the brain, or a shock of the nervous system—I do not mean to say a person who squints from his birth is insane—there may be disease affecting the nerves of the eye connected with the nerves of the brain causing that appearance.

COURT. Q. Did you ever observe anything about the boy to lead you to think he was mad? A. My attention was never directed to that circumstance, nor as to whether he was in a state of mind to know right from wrong—I only saw him under the accident I have mentioned.

SARAH ROSE . I live at No. 19, Great Wild-street—I have known the prisoner about two years—I cannot say that I remember an accident happening to him about twelve months ago, but he always looked in a very strange manner to me, and about twelve months ago he came into my house much agitated, and told me he wanted a knife—I told him I would not give him one, unless he told me what he wanted it for—he said he would not tell me—he said then he would do it, if I would not give him a knife, signifying, I suppose that he would cut his throat—he moved his hands across his throat—(I have seen him several times—he always seemed much confused, and not right)—he was much agitated—he said he would do it, and was all in a hurry—I always thought he was not right in his mind—I did not give him the knife—if I had, he would----

JOHN SLARSBY . I am a plasterer—I have known the prisoner two years, and was much in his company—about eight months ago we were going to Woolwich in a steam-boat—he was standing at the bottom of a court where he works—I was coming down the court, and said, "Will you come for a walk?"—he said, "No; I shall go down to Woolwich for a ride"—I said, "Well, I will go with you"—we both went together, and when we landed I said, "Will you come and have a drop of beer?"—he laughed in my face, and said, "I am going down to gather some shells at the water-side"—he went down, but could see none, but picked up a lot of stones, tied them in his handkerchief, and said, "Now I am going home"—we stopped for about ten minutes at the pier, and when the steam-boat came we came to London, and landed at Waterloo-bridge—he came up again, taking the stones out of his handkerchief, and flung them along the street, two or three at a time—I

have been standing at the bottom of the court on Sunday evening, talking to him, and he has laughed at me instead of giving me an answer—I did not know what to make of him.

GUILTY — DEATH . Aged 20.

OLD COURT.—Monday, March 2nd, 1846.

Third Jury, before Mr. Justice Williams.

23rd February 1846
Reference Numbert18460223-685
VerdictGuilty > manslaughter

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685. JOHN FEACY was indicted for the wilful murder of Thomas Martin; he was also charged on Coroner's Inquisition with the like offence.

MESSRS. BODKIN and BRIERLY conducted the Prosecution.

SUSANNAH EMBERSON . I live at No. 8, Cradle-court, Red Cross-street—I knew the deceased, Martin—he was in St. Martin's workhouse—that was his last residence before he died—I know the prisoner—he lived in Cradle-court—I lived with him for two years and a half—I had not previously lived with him—I had previously lived with Martin, but not for above these three years—I did so for thirteen years, and had four children by him—the two last are living—we were compelled to separate, through being distressed, about three years ago—there was about twelve months interval between my separating from the one and living with the other—I was in the house myself—on Tuesday, the 17th of Feb., between ten and eleven, Martin came to No. 8, Cradle-court, where I was, to remove my things belonging to me—he first came on the Tuesday morning—I had told the prisoner on the Monday morning that I would not live with him any longer—Martin was assisting me in removing the furniture which was left to me by my uncle—Martin came again after that, and we went out together—it was about one o'clock, or I should say, between twelve and one when we came back—Martin remained there with Feacy, and we all three sat talking together—Feacy made an objection at first in the morning to my removing the things—that was the cause of our going out—in the afternoon I went out, between one and two, to look for a room to remove my things to, and Martin remained there with Feacy and their children—no one else—the elder child is nine years of age, and the other seven—I came back about two, I should think, or between two and three—I cannot say exactly the time—I found them both there—Martin had tied up the bed ready to be removed, and took it away to the lodging that I had taken, and I remained on the stairs—he came back again, and we went into the room, and then Martin began to undo the bedstead, and while he was doing so, I gave him a bed-winch out of the drawer—Martin said that would not undo it, and I went to see if I could borrow one, and when I came back Martin had undone the bedstead without it, and had tied it up partly, and while tying it up Feacy asked me about a shirt—it was a shirt belonging to my uncle—I was looking up the dirty things, and I picked up the shirt, and said to Martin, "This is one of my uncle's," and I said to Martin, "Never mind that; let him have that;" and I threw it down on the floor—Martin said, "Oh! he shan't have that;" and with that Feacy laid hold of it, and there was a struggle between the two—Martin twisted it out of his hand, and threw it on the floor, and with that Martin stooped to finish tying up the bedstead, and while he was stooping tying up the bedstead, Feacy took the knife, and run it into his side—the knife laid on the table when he took it a few minutes before I saw it—the table was near to him, on the left-hand side of him—they were one on each side

the table, because there was about a yard between them—the prisoner was close against the place where the knife was—it was a long table-knife, and had not been used for some months—it had been in the cupboard, and had been lying on the table for some time, rusty—it was an old carving-knife—on the wound being inflicted, I said, "Oh!" and Martin said, "Oh! I am stabbed"—I run down stairs instantly to the landlady, in the bottom room, and said, "Oh! he has stabbed Martin"—my eldest son was there, and I said, "Run for the doctor," and he run for the doctor, Mr. Ponder, in Redcross-street—when I came back, I went up stairs, and the police had got the prisoner—the name of the deceased was Thomas Martin—he remained in the room till next day—I have seen him since his death.

Cross-examined by MR. ROBINSON. Q. I believe Martin came out of the workhouse that morning? A. Yes—while we were at the house in the morning, about eleven o'clock, Martin had some beer, and Feacy sent my little boy out for some gin—I did not have any gin myself—only Feacy had gin—Martin and I had some beer—I drank some with him—we had a pot of beer between us—after that we had another pot when we were up stairs in the room with Feacy, before this happened—I did not have any after that—I am prepared to swear that—the things which were left to me by my uncle I received on last boxing-day, and I took them home—the prisoner is a type-founder—the last place he worked at, I think, was Mr. Thorowgood's, in Fann-street—he only worked there a short time—the shirt that I have been speaking of, the prisoner had been in the habit of wearing—Martin was a bigger man than the prisoner, a strong, stout man—I have been in the habit of being intoxicated with Feacy latterly, since Christmas—I came in afterwards with the surgeon—we came both together, I believe—he came with me instantly—about five minutes elapsed between my going out and coming back—Martin was tying up this bedstead with the cord belonging to it—I have mentioned before, that he called out," Oh! I am stabbed"—I told it to those in the house where I lived—I have said a great deal concerning it since the poor fellow has been dead—I said it to the landlady—she is not here—and to others—I was very much alarmed at the time—I ran down as fast as I could.

COURT. Q. You say there was a struggle between them? A. Yes, and Martin twisted the shirt out of Feacy's hands—the struggle between them did not last a moment—they were close together at the time—I was standing behind Martin towards the door—it was not above five minutes after that, that the stab was given, because Martin said, "I won't injure him."

JAMES ALEXANDER TEAGUE . I am clerk to the Magistrates of the City of London—I accompanied Mr. Alderman Farebrother to this place, No. 8, Cradle-court, Red-cross-street, on the day this occurred—I cannot recollect the day of the week—I found the deceased, Thomas Martin, there—the Magistrate asked him, previous to my taking any depositions, what he considered to be his state—he said he did not consider he had many hours to live—he was in bed at the time—he said further that he did not expect he should have lived so long as he had—he presented the appearance of a person seriously ill—I should have said he could not have lived long—he presented that appearance to me—Feacy, the prisoner, was in the room at the time—he was in custody—I administered the oath to Martin and took his deposition in writing—it was read over to him in the Magistrate's presence, after I had written it—I asked him if he understood it—he said he did, and he put his mark to it.

(Read)—"Thomas Martin, late an inmate of St. Martin's workhouse, says, I was discharged from there yesterday morning—I came here for two children of mine, by Susannah Emberson, now present, with whom I had lived for thirteen

years—I came about eleven o'clock—the prisoner Feacy was here—he asked me what I wanted—I told him I came for my two children, and to move part of the things in this room that belonged to Susannah Emberson—he told me to be off out of his room—I told him, "It don't belong to you, it belongs to Susannah Emberson'—Susan told me to take the key out of the door and put it into my pocket, which I did—Susannah Emberson went out and fetched a policeman, who told me I might remove them—Feacy said I should not—I told him we would have no quarrel, it would be settled in a very short way, if he would go to a Magistrate, which he refused to do—I tied a bed up and took it away—I returned here about half-past three o'clock, and began to tie up a bedstead—the prisoner tried to prevent me—while I was tying it up I told him he was a scoundrel for ill-using another man's children—Feacy had a shirt in his hand—I asked Susannah if it belonged to Feacy—she said, 'No, it is one that was left me by my uncle'—I twisted it out of Feacy's hand and threw it on the bedstead—I told him it was not his and he should not have it—he flew to a table which was about three steps off, and came up to me and gave me a blow—I found immediately that I was stabbed in the left side—he drew a knife from my side, and struck me with it three or four times, but I prevented him stabbing me again, and threw him in the corner and fell upon him, and succeeded in wrenching the knife from him—I do not expect I have many hours to live—I never saw Feacy before yesterday morning."

Q. This examination was taken in the room in which the transaction occurred? A. Yes, it was a very small-sized room, not very much larger than the dock—perhaps twice as large, including a little recess—I noticed a table there, on which I wrote the depositions—whether that had been in the same position or not at the time I do not know—it stood at that time in the middle of the room, close to the bed.

Cross-examined. Q. You took the depositions of the first witness, Mrs. Emberson, did you not? A. Yes—she was in a state of excitement at that time—I cannot say in a state of intoxication—she appeared to be suffering from the effects of drink, and to be very much excited—that was on the Wednesday evening previous to my taking the deceased's depositions—we had great difficulty to get at the facts from her—she was either labouring under the effects of drink, or excitement.

JAMES LEWIS . I live at No. 4, Old Goswell-street, Whitechapel—I remember Tuesday, the 17th of this month—I was at No. 8, Cradle-court, Redcross-street, and heard a noise in the room occupied by Feacy, at about a quarter past four—I was in the room underneath—in consequence of a communication from Mrs. Emberson, I fetched a policeman—the noise was as if a bedstead was being drawn across the room—I heard them taking down a bedstead, and I thought they were drawing it across the room—I went for a policeman without going into the room—Sarah Emberson desired me to go—I brought a policeman who was close by at the time—I went into the room with him—I entered the room first—I saw Martin lying on the top of Feacy—as soon as he saw me enter the room he handed me up the knife, and said, "This is the knife, and this is the man that stabbed me, "I took the knife—the policeman has it I believe (produced)—that is the same knife.

Cross-examined. Q. I believe it was immediately on hearing the bedstead removed in that way, that Mrs. Emberson came down, was it not? A. Yes—I have been examined before the Magistrate—I do not know whether any deposition was taken down in writing—the deceased's words were not, "Here is the knife it was done with," I swear that he said, "This is the knife and this is the man that stabbed me"—I swear those were his words—I was examined the morning after this transaction—Martin had the knife in his hand

and he was lying on the top of the prisoner—the prisoner was almost choked—he complained when he got up that he was almost strangled.

COURT. Q. Had he any appearance of that kind? A. Yes, he seemed rather faint, and he asked for a chair.

JEREMIAH O'SULLIVAN (City police-constable, No. 121.) On Tuesday the 17th of Feb., I was fetched to the house in Cradle-court, in the afternoon about a quarter past four o'clock—when I went into the room I looked round and saw Martin lying in the corner of the room—I asked where the man was that stabbed the other—Martin said, "I have got him here, you take care of him"—I took the prisoner into custody—at that time the prisoner was lying down under Martin, and I took him—I produce the knife—this is the knife—I received it from Lewis, the last witness.

WILLIAM PONDER . I am a surgeon and live at No. 54, Redcross-street, City. On Tuesday afternoon, the 17th of Feb., I was called to Cradle-court—I found Thomas Martin there—I saw him in the corner of a room lying onthe prisoner—Martin said, "I am the man that is stabbed, and this is the man who has stabbed me"—Martin then showed me a knife, and said, "This is the knife that has done it"—I then assisted the wounded man to a chair—the prisoner was given into custody of the police—Martin became faint when sitting on the chair—I immediately laid him down—the faintness increased very rapidly, he became perfectly collapsed, the skin cold and damp, and the extremities, and without any pulse perceptible—after using means for resuscitation he gradually revived—a temporary bed was made for him, on which he was placed—I then examined the wound, after taking off the belt, which he had round him at the time—I found the wound as I thought, between the eleventh and twelfth, but I have since discovered it was between the tenth and eleventh rib—I had the assistance of another medical gentleman, Mr. Parnell, of Charterhouse-square—we afterwards examined more minutely, and found that the wound passed obliquely downwards, probably to the extent of an inch, or an inch and a half—I could not exactly say at that time—I rendered him every assistance that could be done for him, and he was removed to the hospital next morning, about one o'clock—I superintended his removal, and took every care that his person should not be shaken in any way—I saw him every day after that, but the day on which he died, which was Saturday, about a quarter past eleven o'clock—I saw him when dead, on the Sunday, about two o'clock in the morning, in the dissecting-room—the wound did not penetrate the thorax—I said it did at the police-court, but I had an opportunity of correcting that afterwards—it was such a wound as might be produced by a weapon like that, and in my opinion the wound was the cause of death—I have not the least doubt of that myself.

Cross-examined. Q. How long was the wound? A. I should say probably from three quarters to an inch, the appearance of the external wound—I considered the wound to have been an inch and a half in depth—it had the appearance of a stab—I observed blood upon the knife—the knife passed first through the band of a thick pair of trowsers, afterwards passing through the belt, before entering the body—it passed through the trowsers, and afterwards the belt—the wound was about the position of my waistcoat pocket, between the tenth and eleventh rib—I should say midway between the breast-bone and the back-bone—the effect on a person receiving such a wound would be to make him faint, probably not immediately—in this instance, however, it did not have that effect—I should have supposed that the immediate effect would have been likely to create faintness—it would be the natural consequence of such a wound that a man would feel faint almost immediately afterwards I should have expected faintness would have been produced.

COURT. Q. Supposing that knife to have gone the depth you describe, might not the blood have been wiped off the knife through its coming out again through the trowsers and belt? A. I should say a considerable portion of it would—I saw the body after the examination—five minutes probably—I was not there at the time—from what I saw on examination and of the wound before, I entertain no doubt whatever that it was the cause of death.

JOHN BEVERSIDE HILL . I am house-surgeon of Bartholomew's-hospital. On Wednesday, the 18th, I attended the deceased, Thomas Martin—I found a wound on his left side, between the tenth and eleventh ribs, which was bleeding at the time of his admission—the pulse was very small and feeble—he was very pale, and complained of pains in his stomach, on his admission—I attended him subsequently up to the time of his death, every day—he died on the Sunday, the 21st, a few minutes before eleven o'clock in the evening—I made a post-mortem examination of the body, and found the wound in the situation I describe, about mid-distance between the sterum and the back bone—the abdomen was penetrated, and the spleen, one of the organs in the abdomen, was penetrated, and the contents of the spleen poured out into the cavity—there were about two quarts of blood in the abdomen—the intestines were stuck together by recent inflammation—the immediate death arose from inflammation of the serous membranes which line the cavity, the peritoneum—the wound was, in my opinion, the cause of death—no doubt of it—it was such a wound as might be produced by an instrument like this knife.

Cross-examined. Q. I believe you did not consider it was so dangerous at first? A. Yes I did—I had very little hope of his recovery, very slight indeed—I could hardly give any hope at all.

COURT. Q. Is that a dangerous part of the body to inflict a wound upon? A. Any part of the abdomen is dangerous—I did not remove the belt from the body.

STEPHEN SAUNDERS . I am a City-policeman. I produce a belt, which was brought to the workhouse by a person—I do not know the person—I have seen him perhaps.

MR. PONDER re-examined. This is the belt I removed from the body—it was penetrated—the inside was very much covered with blood—the blood would follow immediately from a wound of that kind.

MR. HILL re-examined. Faintness would immediately and necessarily follow on such a wound being inflicted in that part of the body.

GUILTY of manslaughter. Aged 48.— Transported for Life.

NEW COURT.—Monday, February 23rd, 1846.

Fifth Jury, before Mr. Common Sergeant.

23rd February 1846
Reference Numbert18460223-686
VerdictNot Guilty > unknown

Related Material

686. JAMES ADAMS, JAMES ADAMS the younger, and ARTHUR ADAMS , were indicted for stealing 4 pieces of wood, value 3s., the goods of Thomas Grissell and another.

MESSRS. CLARKSON and ROBINSON conducted the Prosecution.

JOSEPH MELLISH . I am a police-inspector. In consequence of information, I went to the office of Messrs. Grissell and Peto, of York-road, Lambeth, and on Saturday morning, the 24th of Jan., I went with Stevens to the works at the station of the railway at Ponder's-end, which is now about being constructed—I marked every piece of timber that I found on the works—there is a large shed, or warehouse, erected there, and the greatest part of

the timber was in that shed—I marked from twenty to thirty planks there, from fifteen to twenty feet long—the prisoner James Adams sen., keeps the Railway Tavern public-house, close to these premises—there are some large sticks of timber adjoining the line of the railway on the works—on the night of the 26th of Jan. I was watching from nine till twelve o'clock—between eleven and twelve I saw Arthur Adams come out of the Railway Tavern—he went to a stable on the premises of his brother, James Adams the younger, took a horse out harnessed, took it into a shed, and brought out a cart with the horse—at that time James Adams the younger came out of the tavern and joined him—some conversation took place between them about watering the horse—Arthur then left, and, as he was leaving the horse and cart, James Adams, jan., said to him, "Let us have those deal boards out"—he then put the cart into the shed again, and went into an adjoining building with a candle and lantern, brought out some pieces of wood, and put them into the shed where the cart was placed—Arthur Adams was away at that time—he returned with a pail of water, while James Adams was coming out of the adjoining building with a second bundle of wood—I saw James Adams the elder come out of the Railway at the time that James Adams the younger took the third parcel of wood in the shed—the three prisoners were then altogether in the shed—I then heard a rumbling noise, as if some wood was being put into the cart—the three prisoners came out of the shed together with the cart—they went in front of the Railway Tavern, and there was some conversation, but I do not know what that was—James Adams the elder and Arthur Adams went away with the cart, and James Adams, jun., remained—I gave a signal to a policeofficer to stop the cart—I ran on, and got into the cart—I said to James Adams, sen., "What have you got here?"—he made no answer—I commenced searching the cart, and found in the hind part of it ten pieces of Wood, covered over with sacks, or a horse-cloth, but I did not examine that—it was covered with something—here is one of the ten pieces—it is one that I had marked when it was in the shed that was about being erected on the premises—when I marked it it was from fifteen to twenty feet long—here are two other pieces which are marked—when I marked them they were in the building that is erecting near the line—the shed the timber was taken from that night is at some distance from that building, and is on James Adams the younger's premises—I believe it is a building for the reception of coals—I asked James Adams, sen., where he got this wood from—he said, "From the Railway Tavern"—I took him and Arthur Adams into custody—I returned, and took James Adams, jun.—I told him I had stopped his father and brother with some wood in their possession, and I had come to take him—I searched his house, and found a great quantity of wood, which is here in sacks—I took James Adams, sen., to his house at Cheshunt, and found there a great quantity of wood—as I was conveying James Adams, jun., to the station, he said, "Others ought to be in this as well as me."

Cross-examined by MR. BALLANTINE. Q. You say these articles that you found in the cart were concealed under sacks or a horse-cloth; now just be careful; will you swear that there was either a sack or a horse-cloth in the cart? A. I will—I do not know which it was, I did not examine—they were cloths of some description—there were two articles of some kind of cloth—they might be great-coats—I was examined twice before the Magistrate at Enfield—I did not remember on the first examination about his saying "Others ought to be in this as well as me"—it came upon me fresh on the second examination—Taverner and Swanston were-examined before the Magistrate by my orders—I was examined first, and had an attorney from Grissell and Peto's, and these witnesses were-examined by that attorney—the dwelling-house of

James Adams, jun., fronts the Enfield-road, and the side of it fronts the railway warehouse in which I marked the goods which I now identify—I was not in company with any of the officers of the company when I marked it—I walked in, and marked certain timbers—I only knew that warehouse belonged to Grissell and Peto from what I had been told—you pass through a yard belonging to James Adams, jun., then get to a coach-house, and then there is a shed, from which these pieces of wood were taken, and on the other side is a yard belonging to the house—there is a considerable quantity of timber and wood in that yard—the shed from which this wood was taken has a door opening into that yard—James Adams, sen., is a carpenter, carrying on building works in the neighbourhood of Cheshunt—the articles I brought from Cheshunt came from his shop—he is the father of the other two prisoners—he has lived at Cheshunt ever since I have been in that neighbourhood—Arthur Adams lives with his father, and is apprentice to a gun-lock maker—I did not see the horse and cart come up to those premises that night—I did not observe it at all—I do not know that it came there two or three hours previously, with some things brought by Arthur Adams—I knew nothing about the cart till I saw it—I did not know the cart was there myself—I was told it was there—there was a person who watched its coming—it was reported to me by a constable, who is not here.

MR. ROBINSON. Q. How far is Cheshunt from the Railway Tavern? A. Nearly five miles—this was between eleven and twelve o'clock at night—whether it was cloth or a coat in the cart, it was put over the pieces of wood—it had the effect of concealing them—it was concealed by it—I should not have seen the wood if I had not taken it off—the first examination lasted perhaps half an hour—it was very soon adjourned—it was for the purpose of getting the prisoner remanded—there was a considerable quantity of timber in the yard—I did not know that it belonged to either of the prisoners, but the house of James Adam, jun., is on the side of the yard—the prisoner's house and building separates that yard from, the premises of Grissell and Peto.

HENRY HAYES (police-constable N 432.) I watched the Railway Tavern on the night of the 26th of Jan.—I saw the prisoners go into the stable—I heard James Adams, jun., say to Arthur Adams,. "Let us put these boards up"—I saw James Adams, sen., come up, and they had some conversation—I followed the cart—Mellish was before me—the cart was stopped before I overtook them.

ROBERT STEVENS (police-constable N 269.) I went with Mr. Mellish to the building on the Saturday morning—I saw him put some marks on some pieces of wood—these are the marks, and these are some of the pieces of wood—the pieces of timber were then considerably longer than they are—I was present between eleven and twelve o'clock on the night of the 26th, when the cart was searched and these pieces of wood found.

Cross-examined. Q. They were hidden, were they not? A. They were in the body of the cart—you could not see them from outside—directly you got in you saw them—they were behind where the prisoners sat—one of the prisoners had a great coat on—I did not notice whether the tail of it was over the wood.

HENRY TAVERNER . I am a labourer employed on the railway. On the 26th of Jan. I placed a quantity of timber and tools in a shed belonging to James Adams, jun.—they were something similar to the wood that is here—I cannot swear that they are the same—the shed was left open—I placed the wood there that I might have it the next day.

THOMAS SWANSTON . I am in the employ of Grisbell and Peto—on the

24th of Jan. I gave direction to Taverner to take the short ends of deals into the store-room, to send them further down the line—the places where they were taken to were always locked up—the shed which they were taken to belonged to James Adams, the landlord of the Railway Tavern—he had not said anything to me respecting that shed—the reason I sent them to this shed was, there were planks and nails and other things there when I went—James Adams, jun., gave me permission to use the shed—I do not believe these pieces to be chips.

Cross-examined. Q. Who kept the key of this shed? A. Mr. Adams did, I think—other articles had been left in the shed at different times—when I wanted the key I had to send to him for it—he locked it up at night—I left the wood in his charge.

JOSEPH MELLISH re-examined. After I had apprehended the prisoners in to cart, I went to the house of James Adams, jun.—when I found the wood there he said, "These are chips I have had from the men"—I said, "Do you call these chips in the cart"—he said, "No I can't"—I compared these pieces of wood with other pieces on the prosecutor's premises, and found them to correspond.

----COBBY. I am in the employ of Thomas Grissell and Samuel Mordan Peto. This wood is worth about 6d. a foot—these pieces are worth about 3s. or 3s. 6d.—I do not know anything about the use of the shed.


23rd February 1846
Reference Numbert18460223-687
VerdictNot Guilty > unknown

Related Material

687. JAMES ROGERS and MARY ANN ROGERS were indicted for stealing 150lbs. weight of feathers, value 20l.; the goods of Robert Alexander Blyth and others.

ROBERT ALEXANDER BLYTH . I am a partner in the firm of David Blyth and others. We are feather-dressers, and live in Elizabeth-street, Hackney-road—James Rogers was in our employ four or five years—Mary Ann Rogers, I have every reason to believe, is his wife—they live in Essex-street, just by our back gates—James Rogers was employed in the place which the feathers went through in their last process—during the last few months I have missed 31bs. or 4lbs., or sometimes 6lbs., in each cwt.—James Rogers had no authority to take feathers of our premises, or any canvass bags.

MARIA NEWMAN . I am the wife of John Newman. We live in Old Burack-yard, Knightsbridge—I have known the prisoners for ten or twelve years, but they have not been my neighbours for six or seven years—I have seen them since at different times—Mary Ann Rogers came to me in July or Aug.—she said one of her lodgers had left her without paying, and she had a bed to sell—she wanted 2l. for it—I said I had not got 2l., but agreed to give her 30s.—I was to find my own tick—about a week afterwards she brought the bed in a canvass wrapper, and an outride cover over that—I paid her 30s.—I made a bed of the feathers, and the canvass wrapper I gave to Mrs. Palmer to cut up for pinafores—I am sure it was the same wrapper—Mr. Shaw, the policeman, came to me—I pointed out the bed to him, and showed him the same feathers—I had no others—the day after he came James Rogers came to my house between six and seven o'clock in' the morning—he never made such an early visit to my house before—I was not up—my lodger told me he was down stairs, and he came up to me—I said to him, "What have you been doing?"—he said, "Nothing"—I told him about the officer coming about the bed I bought—he said a few words very hastily, "Don't be frightened," or "Be patient, you have got nothing to fear," and went away—I do not know at all what he came for—he did not

give me time to speak—I began the conversation about the officer—Mary Ann Rogers had been to my house on New-year's-day—there was nothing said about a bed then—on one occasion she said she thought she had another bed to sell—she did not say where she got it—I did not ask her.

Cross-examined by MR. PAYNE. Q. I believe the policeman cut the bed, and took some of the feathers away? A. Yes, and they have had the bed since—I know James Rogers was a soldier, and since then he has been in the police, and for about five years he has been with Mr. Blyth.

MARY ANN PALMER . I am the wife of John Palmer—we live at Park-side, Knightsbridge—I have known James Rogers twelve or thirteen years—about Sept. or Oct. last I saw him at Mr. Newman's house—he was talking about several things, and said he had got three beds, and he could at any time get a very good bed by paying the foreman where he was at work 30s. for it—I received some canvass from Mrs. Newman, and cut it up for pinafores for a little boy—there were several pieces remaining—I believe the policeman took them—I have seen what I consider to be part of it with the policeman—it had red figures on it—I believe this now produced is it—I never had any other canvass of this kind to cut up.

Cross-examined. Q. Do you mean this is a piece of the same? A. As near as I can possibly think—I gave it to Mr. Newman's brother.

FREDERICK SHAW (police-sergeant A 29.) I received information, and went to Mrs. Newman on the 5th of Jan.—she showed me a bed—I went to the male prisoner that same evening, and asked James Rogers if he knew a person of the name of Newman—he said he did not—I then asked if he knew a person of that name living at Knightsbridge—he said he did not—I asked him if he had ever sold any person of that name any feathers—he said no, he never had—I asked if he had ever sold a bed—he said "No"—I asked if his wife could have sold a bed or feathers without his knowledge—he said, "No; she could not"—I saw Mary Ann Rogers afterwards—I asked if she knew a person named Newman living at Knightsbridge—she said, "No"—I asked if she had sold a person of that name a bed—she said, "No"—I asked if she had sold a spare bed—she said, "No"—I then made a communication to Mr. Blyth, and took the prisoner the next day—I was at the examination before Mr. Broughton—a person named Fitzpatrick was examined—he is now here—I produce a sample of the feathers.

Cross-examined. Q. Did not you know Fitzpatrick was the foreman in London at the time this transaction took place? A. I understood it from Mr. Blyth—I know that Fitzpatrick was continued in their service at Liverpool, and he was brought up to give information—the Magistrate remanded the prisoner till Fitzpatrick's evidence had been given.

MR. BALLANTINE. Q. On the occasion when you attended were the prisoners represented by anybody? A. A solicitor attended on their part—it was by his desire, and at his request that Fitzpatrick was sent for—the prosecutors said that they would bring up Fitzpatrick at their own expense, if the prisoners desired it, and they did so, and after his being called the prisoners were remanded.

JONATHAN WHICKER (police-constable A 27.) I went with Shaw to James Rogers—I heard Shaw ask him if he knew Newman at Knightsbridge—he said he did not—he asked him whether he had sold a bed—he said, "No."

JAMES HALKERSTONE . I am town-traveller to Messrs. Blyth—I believe these feathers to have been on our premises—they are such as James Rogers would have to do with—I have seen the bed that was found—the feathers in that were worth 1s. 4d. or 1s. 6d. a lb., and the quantity in the bed would be

worth 4l. or 5l.—I think I was told the weight of the bed was about 50 lbs.—this piece of canvass is such as is on my master's premises—here is a mark of 60 on it, which is our own private mark—I believe it to be my master's.

James Rogers. This witness owes me 1l. 15s., and he would not pay me. Witness. I do not owe him 1s. for anything.

Cross-examined. Q. Where were these feathers got from? A. From a collector in Yorkshire—I do not know whether he supplies other people—James Rogers had access to them, but not after business hours—Fitspatrick was foreman in the feather department—he was not the principal foreman.

ROBERT ALEXANDER BLYTH re-examined. These feathers are worth from 1s., 4d. to 1s. 6d. a lb.—they are such as were in the prisoner's department—Fitspatrick would have no right to sell them, or to give them to the prisoner—if the prisoner received them from him, it would be entirely without my knowledge or sanction—I firmly believe these feathers to be the same I lost—this piece of canvass belongs to us—Fitzpatrick was at Liverpool—he was brought up to London because we wished to see whether he had actually sold these feathers, as was stated in the defence at the police-court—we brought him up, and paid his expenses here and back again, but when we sent him back he never showed his face at our premises again.


23rd February 1846
Reference Numbert18460223-688
VerdictGuilty > pleaded guilty

Related Material

688. MARY ANN BROWN was indicted for stealing 1 pillow, value 2s., 6d.; 1 blanket, 3s.; 4 pillows, 8s.; 1 coat, 1s. 6d.; 1 petticoat, 1s.; and 1 frock, 1s.; the goods of William Burns, her master; to which she pleaded

GUILTY . Aged 32.— Confined Three Months.

23rd February 1846
Reference Numbert18460223-689
VerdictGuilty > with recommendation

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689. GEORGE MITCHELL was indicted for stealing 3 shillings; the monies of John George Atloff, his master.

JOHN GEORGE ATLOFF . I live at No. 20, Vere-street, and am a boot and shoemaker—the prisoner was in my service—I missed money, and marked one shilling, which I put into a drawer in my desk, on Saturday night, the 7th of Feb.—I locked it, and put my keys into my pocket—on Monday morning the prisoner came to my room, and took my trowsers down, and the keys were in my pocket—he went down about nine o'clock—he came up afterwards, and begged my pardon, and hoped I would forgive him—he said he had a temptation to open my drawer that morning with the keys—I said, "I will come down and see"—I went down, opened the drawer, and missed the money that had been there—I asked what had become of several things that I had missed—he said he did not take them—I gave him in charge at the station for stealing the three shillings which I missed from the drawer—the policeman brought him back, and this shilling was found in his jacket pocket, which was down stairs—it is the shilling I had marked—the other two are not found.

Cross-examined by MR. DOANE. Q. Where did you mark it? A. On the two edges with a file—I did not mark anything else—I put this and the two unmarked shillings in the drawer.

MARIA NOAKES . I live with the prosecutor. I saw the prisoner that morning behind the counter, and I saw him lock the drawer where this money was kept—I said, "George, you are doing wrong"—he said, "Maria, don't tell my master for the sake of my mother"—he had the keys in his hand—this was about half-past nine o'clock, and he was taken about eleven.

(The prisoner received a good character.)

GUILTY . Aged 18.—Recommended to mercy by the Prosecutor and Jury.— Confined Three Months.

23rd February 1846
Reference Numbert18460223-690
VerdictGuilty > unknown

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690. ROBERT HESTER was indicted for stealing 1 handkerchief, value 2s., the goods of George William Godson, from his person; and that he had been before convicted of felony.

GEORGE WILLIAM GODSON . I live in Bowling-street, Clerkenwell, and am a butcher. On Saturday, the 7th of Feb., between twelve and one o'clock, I was in Charterhouse-lane—I missed my handkerchief, and was feeling in my pocket—a man who was passing asked if I had lost anything—I said, "Yes, my handkerchief"—he pointed out the prisoner—a gentleman who was with me ran after him and he was taken—this handkerchief was produced to me—it is mine.

ANN CREED . I sell fruit in Fleet-street. On Saturday, the 7th of Feb., I heard Mr. Godson and another crying "Stop thief!"—I saw the prisoner running with a handkerchief in his hand—there were two bigger boys with him.

FREDERICK HOLLAND HUNT . I saw the prisoner run and throw a handkerchief down by a door—I did not see it picked up—it was a handkerchief like this.

Prisoner. If he saw me throw it down, why not pick it up and give it to the prosecutor? Witness. I was with a gentleman.

HENRY TILLY . I picked up the handkerchief—it was thrown down in front of our door between twelve and one o'clock—I was not aware of the cry of "Stop thief!"

RICHARD SUCH (police-constable C 55.) I produce this handkerchief—it was given to me.

Prisoner's Defence. I saw four boys take the handkerchief out of a gentleman's pocket, and chuck it up in a cart; one of them got into the cart and picked it out, and ran into Smithfield; I walked down the court and was coming back, and the gentleman said, "Give me the handkerchief;" I said, "I have got none;" I said, "Why don't you take me to the station?" he took me; he kept me about an hour, and two gentlemen and the policeman went and found the handkerchief.

JOHN M'GOROCK (City police-constable, No. 403.) I produce a certificate of the prisoner's former conviction at this Court—(read Convicted the 16th of June, 1845, and confined four months)—the prisoner is the person—he has been in custody four or five times.

GUILTY . Aged 14.— Confined One Year.

23rd February 1846
Reference Numbert18460223-691
VerdictGuilty > unknown

Related Material

691. THOMAS COX was indicted for stealing 11lbs., weight of iron, value 2s., the goods of Robert Cox; and that he had been before convicted of felony.

JOHN ALLEN . I am in the employ of Mr. Robert Cox, who is building a school in Lower North-street, Chelsea. I had some iron of his there—about six o'clock in the evening, on the 9th of Feb., I left it safe in the back school-room—I came next morning and it was gone—this is it—I am quite sure this is the iron I lost—a person must have got in at a window five feet high to get it.

PETER HACK (police-constable B 75.) I was on the look out on the evening of the 9th of Feb.—I met the prisoner running down North-street with this bar of iron—I stopped him, took him to the station, and asked him where he got it—he said he did not know, and he did not know where he was going to take it.

AMOS BOWDLER . On the evening of the 9th of Feb., I saw the prisoner and three others near the place where this iron was taken from—I watched them from half-past five o'clock till half-past seven—I drove them away—

they still stood about—the prisoner went to the front door and shoved it—he went to the back window—I ran to lock my door, and before I turned my key the prisoner ran across the street, and the officer took him.

EDWARD SYMES (police-constable D 182.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 3rd April, 1849, having been before convicted, confined three months and whipped)—the prisoner is the boy—he associates with bad characters.

GUILTY . Aged 14.— Transported for Seven Years.

NEW COURT.—Tuesday, February 24th, 1846.

Sixth Jury, before Mr. Common Sergeant.

23rd February 1846
Reference Numbert18460223-692
VerdictGuilty > pleaded guilty

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692. JOHN STAFFORD was indicted for embezzling 1l. 7d., 14s. 5d., and 14s.8d., which he received for his master, Henry Speed; to which he pleaded

GUILTY . Aged 18.— Confined Three Months.

23rd February 1846
Reference Numbert18460223-693
VerdictGuilty > pleaded guilty

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693. WILLIAM SATCH was indicted for stealing 17lbs. weight of mutton, value 10s., the goods of James Wastie; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 19.— Confined Eighteen Months.

23rd February 1846
Reference Numbert18460223-694
VerdictGuilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment

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694. WILLIAM LAWSON and JOHN RIXON were indicted for stealing 2 purses, value 3s., 6d.; 3 rings, 2l. 15s.; 2 brooches, 1l. 15s.; 1 neckchain, 4l.; 1 earring, 2s.; and 1 sovereign; the goods of Moses Abraham Collis, from the person of Hannah Collis; and that Lawson had been before convicted of felony.

HANNAH COLLIS . I am the wife of Moses Abraham Collis. We live in (Cross-street, Saffron-hill—on Saturday afternoon, the 31st of Jan., I was passing down Long-lane, about a quarter past two o'clock—a woman came and asked her way to Islington, and several other questions—she kept on talking, and the prisoner Lawson pushed against me—I moved to allow him to pass—he then stood on the curb, and looked across the way, as if towards a shop—I then passed on—there were two men walking before me, who prevented my walking as fast as I would—before I got to the bottom of the lane a young man told me something, which induced me to look after my purse, and I missed it from my pocket—I had had it safe not a quarter of an hour before—it contained two brooches, a neck-chain, one earring, a sovereign, and a steel purse inside the velvet one—after I had moved for Lawson to pass, he stood looking over the way, then he and Rixon came behind me, and all on a sudden they rushed past me, and then the young man told me they had got my purse.

Cross-examined by MR. O'BRIEN. Q. I suppose by saying you had your purse a quarter of an hour before, you mean you had it when you left home? A. I know it was safe when I was near the brewhouse in Chiswell-street—there was a party in Long-lane that morning who was taken up on suspicion of this charge on the day of the robbery, but he was taller than either of these boys, and he was not tne person I saw run away—I might say at the police-office, "They were given to me in this Court on Wednesday, when another party, whom I had observed in Long-lane, was in custody on suspicion"—if I stated if it was true—the things produced were brought to me by a young woman—they were thrown into my house after I left my house—all the articles I lost, except the steel purse, the sovereign, and the earring, and some memorandums—here

is the velvet purse, the rings, and the brooches—they are mine.

COURT. Q. Are you sure of the two persons whom you saw run past you and run away? A. Yes, they were the prisoners—I saw the person who was taken and discharged in Long-lane, but I did not see him run away—he was not with the prisoners—that third man was walking before me with another man, and they were joking, so that I could hardly walk as fast as I wished—the prisoners were behind me, and they had the best opportunity of getting at my pocket.

JOHN SEACOMB . I am a sadler, and live in Long-lane. On Saturday, the 31st of Jan., I was standing at my shop door—I saw Mrs. Collis go by the door—Lawson put his hand into her pocket, and took something out of it, which was blue—Rixon was with him—when Lawson got his hand out of her pocket they ran away together—I am sure they are the persons—I had seen them together before as associates.

Cross-examined. Q. How far were they from you? A. Two or three yards—the lady was walking first, and they were behind her.

BENJAMIN ADAMS (City police-constable, No. 214.) I know the prisoners—I have seen them several times together—I took them into custody.

Cross-examined. Q. When? A. On Sunday, Feb. the 8th, a week after the robbery—I took the other person into custody on the Saturday that this occurred—I took him before the Magistrate—he was sent to Bridewell for fourteen days.

HENRY MONTAGUE (City police-constable, No. 481.) I produce a certificate of Lawson's former conviction, by the name of James Gill—(read—Convicted the 7th of April, 1845, and confined four months)—the prisoner is the person—this is the third time he has been here.

LAWSON— GUILTY . Aged 17.— Transported for Ten Years.

RIXON— GUILTY . Aged 19.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-695
VerdictsGuilty > unknown; Not Guilty > unknown

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695. GEORGE HICKS was indicted for stealing 22 yards of oil-cloth, value 15s., the goods of Robert Main and others; and ROBERT DAVIES for feloniously receiving 3 3/4 yards of oil-cloth, part of the same, knowing it to have been stolen:—2nd COUNT, stating it to be the goods of Samuel Oxenham and others.

MR. BALLANTINE conducted the Prosecution.

HENRY FOWLER (police-constable E 111.) I was in Adam and Eve-court, Westminster, on the 12th of Feb., about four o'clock, in company with Murray—I saw Davies and Mary Ann Hicks coming out of No. 20—Davies had a roll of oil-cloth, and gave it to Mary Ann Hicks—(she is living with Hicks as his wife)—I followed them to Brownlow-street, Drury-lane—Davies went into a public-house—Mary Ann Hicks remained outside—I went in and saw Davies showing a piece of oil-cloth—he said he was employed to carry it—I took him to the station—I went about an hour afterwards to No. 20, Adam and Eve-court, where I had seen them come out of, and found some oil-cloth there, which I produce—I met Hicks in Adam and Eve-court the same day, and he was given into custody by Mr. Oxenham—I told him it was for stealing a roll of oil-cloth from Mr. Oxenham—he said he knew nothing about it.

THOMAS WHITTAKER . I keep a marine-store dealer's shop, No. 20, Adam and Eve-court. On the morning of the 12th of Feb. I met Hicks at the corner of Poland-street, in Oxford-street—he asked me to allow him to put a piece of oil-cloth in my shop—I thought he had got a job, and I said he might—I knew him to be employed by Mr. Oxenham and others—he brought

the oil-cloth—I afterwards had occasion to go to one of my employers—I heard of the robbery, and I gave information to the police-officer—my wife pointed out the oil-cloth to him.

Cross-examined by MR. HORRY. Q. Hicks did not offer to sell it? A. No—I never saw Davies till he was in custody—when Hicks brought the cloth he did not say Davies was to have the cloth if he came for it—he said, "Me or Bob Stone will call for it"—I know Stone—he is another porter.

GEORGE BROWN . I am partner with Robert Main and others, floor-cloth manufacturers—we sometimes send odd lots of oil-cloth to Mr. Oxenham's for sale—we sent a lot there about the 17th of Dec.—one piece was marked No. 2—it was some that we had had returned—this is the piece.

Cross-examined. Q. It is not a very extraordinary pattern? A. I believe there is not a house in the trade that has the pattern—this piece had been laid down and taken up again, which is very unusual.

WILLIAM REEVE . I am foreman to Mr. Oxenham—I helped to arrange these oil-cloths there on the 11th of Feb.—this short piece was there—I missed it a quarter before nine o'clock the same evening—I know Hicks—he it our porter—he and many others have access to our warehouse.

HENRY OXENHAM . I am one of the firm of Samuel Oxenham and others, auctioneers—I know Hicks—I saw him on the 11th of Feb. going in and out of our passage, and I immediately suspected him—I saw the goods safe on he 11th of Feb.—the sale was to take place on the 13th.

HICKS— GUILTY . Aged 24.— Confined Nine Months.


23rd February 1846
Reference Numbert18460223-696
VerdictNot Guilty > unknown

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696. WILLIAM NEWELL was indicted for stealing 65lbs. of hay, value 3s., and 3 bushels of beans, bran, and chaff, 5s., the goods of Sarah Ann Rogers, his mistress.

SARAH ANN ROGERS . I keep a farm at Lambton, in Middlesex—the prisoner was my carter—when he goes to Covent-garden market I allow him a truss of hay for his horses, but nothing beside—he had no authority to take chaff or corn—I had forbidden that.

Cross-examined by MR. O'BRIEN. Q. How long had he been in your employ? A. A year and five months—I had parted with him, and my foreman persuaded me to take him back—I do not know a great deal of the business—if the prisoner comes to town on a Saturday, he has to remain till his load it sold, which is seldom many hours—I recollect his stating last summer that the quantity of food he was allowed was too little for his horses—he had a little more granted him then, but I afterwards had reason, and I forbid it—he sometimes leaves my place about twelve o'clock at night when he goes to town—he is not back till six o'clock the next day—if he is out till eleven at night it is not my fault—he calls for dung—that is a common thing.

COURT. Q. Did you give him orders to take nothing but hay? A. Yes—in the course of his regular business he ought to be home two or three hours sooner than he was—if he left at twelve o'clock at night he should be home about one the next day.

DAVID COOPER . I am foreman to Mrs. Rogers—the prisoner was allowed one truss of hay when he went to Covent-garden market—he had no right to take away more—this looks like my mistress's hay—I would not swear to it—it is such as I allowed the prisoner to take for his horses—I was not there when this was taken away, but I missed one truss out of the loft—I did not give him any chaff or corn—he had no right to take any corn or chaff—this mixture is just the same that we allow.

Cross-examined. Q. When had the trusses of hay been placed in the loft? A. On the Friday—the prisoner's returning is uncertain—no man can help

that—he had to call for his dung—he comes home at seven or eight o'clock the next evening—he had three large horses.

JOHN POOL (police-sergeant T 12.) At a quarter past twelve o'clock on the night of the 21st Feb. I saw the prisoner in the Hounslow-road, with a cart drawn by three horses—I stopped him and asked what he had got—he said some hay and chaff for his horses—I found 65lbs. of hay tied by the side of the cart with a rope, 58lbs. on the cart, and a sack containing three bushels of mixture.


23rd February 1846
Reference Numbert18460223-697
VerdictGuilty > with recommendation

Related Material

697. ROBERT MOORE was indicted for feloniously receiving 80 yards of carpet, value 3l., the goods of Joseph Thomas Townsend, well knowing the same to have been stolen.

JOSEPH THOMAS TOWNSEND . I live at Nos. 18 and 19, High-street, Islington—on the 6th of Feb. I had some carpet safe at eleven o'clock in the morning—I missed it at three o'clock in the afternoon—this now produced is it.

NATHANIEL BARKER . I live in York-terrace, Camden-town—on the 6th of Feb., about three o'clock, I was passing the prosecutor's shop—I saw a man who was shorter than the prisoner take this carpet—I went in and asked the prosecutor if he had got a fresh servant—he said, no—I went after the man, but he was gone—this is the carpet I saw him take.

THOMAS RICHARDS . I am servant to Mr. Wood, a pawnbroker, in St. John-street—this carpet was brought to us to pawn by the prisoner, about half-past four o'clock on the 6th of Feb.—he said it was his own, and he gave 50s. for it—I asked how many yards there were—he said thirty—I measured it, and found it was between seventy and eighty—I went to fetch a constable—the prisoner ran away—I pursued, and gave him into custody.

Prisoner's Defence. I hope you will have mercy; I was not aware it was stolen; it was given me to pawn, and I only told the story I was told to tell.

(The prisoner received a good character.)

GUILTY . Aged 21.—Recommended to mercy.— Confined One Month.

23rd February 1846
Reference Numbert18460223-698
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment; Transportation

Related Material

698. WILLIAM HOWARD, THOMAS SYERS , and WILLIAM DIXON were indicted for stealing 2 table-cloths, value 1l.; 3 shifts, 9s.; 2 pairs of drawers, 9s.; 1 night-gown, 1s.; 1 curtain, 4s.; and 2 night-shifts, 2s.; the goods of Sarah Cooper; and that Howard had been before convicted of felony.

SARAH COOPER . I live in Lower Gardner-street, Vauxhall-road. I am a widow and am a laundress—I left some linen on the ironing board, under the window, between seven and eight o'clock, on the 29th of Jan.—there was a pane of glass broken in the window, near the linen—I went into the room about half-past seven, it was all safe—I went in again just before eight—I found my window open and the shutters open, and the linen all gone—I have to make it good, and have not a friend in the world—here are some of the articles I lost, but a great many are not found.

Cross-examined by MR. BALLANTINE. Q. Do you know the prisoners! I know Howard—I do not know Syers—Howard's mother washed for me, and he was in the habit of coming backwards and forwards to her.

CHARLOTTE ARCHER . I live facing Mrs. Cooper's house. On Thursday evening, the 29th of Jan., at half-past seven o'clock, I was going for beer—I saw the three prisoners standing between the two houses, and as I came back I saw them running up the street—Howard had a large bundle of linen on a tea-board—I am sure the prisoners are the three boys.

Cross-examined. Q. How old are you? A. Going on for twelve—I was in Gardner-street—there were five boys altogether—there was no other boy at small as Syers—I had never seen him before—I had seen the others and knew them—I had seen them about the premises—they were coming right from Mrs. Cooper's house—I was going along and met them—the policeman told me he had got the boys, and took me to see them—he pointed out Syers, and then I thought he was the same boy.

Dixon. Q. What clothes had I on? A. The same you have now—you had a white smock-frock on, which I saw you pull up, and could see your clothes.

THOMAS COLLARD (police-constable B 140.) I was on duty in Vauxhall-road on the evening of the 29th of Jan., and saw the three prisoners, and two others with them—Syers was carrying this property, which I produce—I followed and took him with the property in a sack—the other two prisoners and two who were with them escaped—Syers said, "Policeman, I will tell you the rights of it; Howard gave me the sack to carry a short distance, which I did, not knowing what it contained, and now I am caught"—the sack contained these articles—I know the other two prisoners—they are the persons who were with him—I took him about twenty minutes past ten o'clock at night—I asked what he had in the sack—he said he had nothing—I said I believed he had something, and I must see—I found it was linen—I took it to the station, and seeing marks on it I went to Mrs. Cooper—I told Syers there had been a robbery committed in Gardner's-street between seven and eight o'clock—he did not say where he was that evening.

Cross-examined. Q. Did you say one single word before about his saying he had nothing in the sack? A. I do not recollect whether I did or not.

SARAH COOPER reexamined. I had a tea-board taken away that evening, and a great many other things, but I cannot tell what—these are a part of what I lost.


ELIZABETH PROBY . I live at No. 18, Tash-street, Gray's-inn-lane. Syers is my nephew—he lives with his father and mother—I recollect Thursday, the 29th of Jan.—he was taken that evening—he was with me the whole of that day, and left me at a quarter to eight o'clock in the evening—he took home a Brighton plaice with him to his father, who is my brother—Mrs. Proudfoot lives near me—she is ill in bed—her daughter, who is here, saw Syers when he left my place.

COURT. Q. What was Syers doing when he left you? A. He was doing nothing at all—he had been staying along with me all day—I west to Mrs. Proudfoot's house to know what time it was, before I sent him home, that he should not be home later than nine—Miss Proudfoot saw him at my door—when I went to her house she was sitting in the parlour with her mother—she did not come out of her own place—I came back and took Syers out with me, and then she saw him—I went with him into Baldwin's-gardens—Miss Proudfoot lives at No. 20, Tash-street—I did not hear that Syers was in trouble, till the Sunday morning, when I was told by a young man who went to my brother's to see how he was—I went before the Magistrate, but was not asked any questions—I desired to be heard, and to state that the boy was with me, but the officer told me it would be no use at all to speak anything there—I spoke to Miss Proudfoot, and wished her good night as I passed with Syers—she was at her shop door, and her mother was in the parlour—they keep a coal-shed and greengrocer's.

ANN PROUDFOOT . I live at No. 20, Tash-street. I cannot say I know Syers—I saw him once, which was on the evening on which he appears to have been taken for this robbery—at a quarter before eight o'clock his aunt came to know the time—I then saw him—he had nothing with him—I know a Brighton plaice when I see it, but I did not see one with him.

MR. BALLANTINE to ELIZABETH PROBY. Q. Where did you get the plaice? A. In Leather-lane—Syers had it tied up in a cloth in his coat pocket—his father lives in Horseferry-road, Westminster.

COURT to ANN PROUDFOOT. Q. How do you know it was on that eveninging? A. Because his aunt came to know the time, that he might be home by nine o'clock—his aunt owed me a little money—she promised to give it me that night, but did not—she came and said she would give it me if I would wait till the Saturday night following—that was what she came about, and she said, "I am going to send my nephew home; I want to know the time particularly"—she did not wish him to be out late.

COURT to CHARLOTTE ARCHER. Q. You said you saw the three prisoners near Mrs. Cooper's house? A. Yes, so I did—I am sure I should have known Syers again—I am sure he is one—I have no doubt about it—I had not seen him before—I know Howard and Dixon—I am quite sure Syers is the person who was with the other two—he is dressed now as he was then—I told Mrs. Cooper—I described Syers to the policeman before I saw him—I know if I do not tell the truth I shall go to hell—I heard the other boys call him Syers.

Howard. Q. What clothes had I on? A. He had another coat on beside what he has got—a pepper and salt one.

Dixon. They took me at half-past eleven o'clock in the morning; Howard had this jacket on that I have; he gave me this jacket, and I tore up the smock-frock that I had on.

COURT to THOMAS COLLARD. Q. Did you see Archer? A. Yes—I saw her the next day—she told me she heard one called by the name of Syers.

SARAH COOPER re-examined. Archer told me she saw three persons, and one was young Syers.

WILLIAM MILLERMAN (police-constable B 95.) I produce a certificate of Howard's former conviction, at Westminster—(read—Convicted 22nd Oct., 1844, and confined six months)—he is the person.

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

SYERS*— GUILTY . Aged 16.— Confined Six Months.

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

23rd February 1846
Reference Numbert18460223-699
VerdictNot Guilty > unknown

Related Material

699. JOHN TRUE was indicted for stealing 2 pecks of oats, value 2s., the goods of James Warmington, his master.

MR. PAYNE conducted the Prosecution.

JAMES WARMINGTON . I am a farmer, and live at Tottenham—the prisoner was my farm-servant generally, and salesman as well—he attended my horses, and drove a wagon. On Wednesday night, the 28th of Jan., I gave out a sack of oats, which was the usual allowance, from that period till Friday night or Saturday morning—the men use it according to their own discretion, with this understanding, that when they go out they have a nose-bag full of mixed victuals for each horse, consisting of corn and chaff—anything beyond the nose-bag of mixed food is contrary to my instructions—a nose-bag of clear corn would be quite contrary to my orders—in consequence of some suspicion, I put some small pieces of paper into that sack of corn which I gave out, under the direction of one of the police—I afterwards recognized

some of those small pieces of paper in some oats produced by the policeman.

Cross-examined by MR. MELLOR. Q. You have rather a large establishment? A. Yes—the prisoner has been in my service rather more than four years—I have a man whose duty it is to give out the corn—he has the control of the granary, and knows the quantity these men require—he has the key of the granary, and gives out the weekly quantity—in case of a horse being sick, or in a weakly state, there would be no discretion exercised in the feed, without my knowledge—that would be a special arrangement.

MR. PAYNE. Q. Did the man who has the control of the granary measure this sack of corn? A. Yes—I stood by and saw it, and put the pieces of paper in—my horses are in very bad condition—they do not look as if they had too much corn.

RICHARD SINCLAIR (police-constable N 221.) I am stationed at Tottenham. On Friday, the 30th of Jan., in consequence of information, I stopped the prisoner with his wagon, by the Seven Sisters, which is about three quarters of a mile from his master's—he was going towards London with a load of hay on his wagon—he had a nose-bag full of mixed chaff and corn on the near-side shaft, and on the other side a nose-bag containing half a bushel of clear oats, without any chaff—I found some bits of paper in the clear oats—I showed the oats and the bits of paper to Mr. Warmington—the prisoner had two horses—I found a sack on the top of the hay, containing about a bushel and a half of chaff and corn—I suppose there was three-quarters of a peek of corn in it.

Cross-examined. Q. You have spoken of three parcels of provender? A. Yes—I examined the bushel and a half of chaff and corn in the sack—it was about half a sack full—the unmixed corn was by the side of the wagon, openly, that any one could see it—he had proceeded about three-quarters of a mile, when I stopped him—he did not make any resistance.


23rd February 1846
Reference Numbert18460223-700
VerdictGuilty > unknown

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700. CHARLES GOODEY was indicted for stealing 1 timepiece, value 4l., the goods of James Chapman; and that he had been before convicted of felony.

JAMES CHAPMAN . I am a clock-maker, and live in Pennington-street, St. George's. The prisoner worked with me for eighteen months—I met him one day in Old-street—he asked if I was working at the same place—I said yes, and I had been to get some stuff for a time-piece—he said he wished I would let Mr. Walker have it, as he had given him an order for one, and he would gife me 4l. for it, and would give him 5s.—I got the time-piece done by the 10th of July, and the prisoner came to meet me to take it to Mr. Walker's—he carried it part of the way, and I carried it part—in Princes-street he said, "You had better let me take it to Walker's"—I gave it him and saw him go in—I did not see him afterwards—I could not find him again.

Cross-examined by MR. PAYNE. Q. Did he give you any money? A. No—we went to another shop, beside Mr. Walker's—he took it into one shop in Fleet-street, to see what they would give him for it—I waited just by the side of Mr. Walker's door, and then I went in to Mr. Walker's—I did not see the prisoner come out.

JOHN WALKER . I do not know the prisoner at all—I never gave him an order.

WILIIAM JAMES MATTHEWS . I an a clock-manufacturer—this time-piece was left with me by the prisoner, in the early part of Aug.—I cannot say positively the time.

Cross-examined. Q. What for? A. He had met with an accident and broke the glass—he asked me to get a new one put in, hut I detained it as he owed me some money—he applied for it several times, but I never saw him but once—I gave it up at Marlborough-street—the prisoner wrote to his cousin and in consequence of his stating where it was I brought it up.

WILLIAM LANGDON (police-sergeant R 19.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 19th Aug., 1844 (having been before convicted) and confined six months)—the prisoner is the person.

GUILTY . Aged 26.— Transported for Seven Years.

23rd February 1846
Reference Numbert18460223-701
VerdictGuilty > pleaded guilty

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701. JOHN LEGGETT was indicted for embezzling 5l., which he had received for his master, Bartholomew Harris; to which he pleaded

GUILTY . Aged 16.— Confined One Year.

23rd February 1846
Reference Numbert18460223-702
VerdictGuilty > pleaded guilty

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702. JOHN FERGUSON was indicted for stealing 1 1/2lbs. weight of nails, value 1s. 8d.; the goods of Thomas Joseph Ditchbourne and another, his masters, on board a vessel in a certain port of entry and discharge; to which he pleaded

GUILTY . Aged 40.— Confined Three Months.

23rd February 1846
Reference Numbert18460223-703
VerdictsGuilty > pleaded guilty

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703. JOHN BARNES was indicted for stealing 32 yards of printed cotton, value 1l., the goods of George Cannon : also 1 coat, 15s., the goods of Thomas Chubb : and 1 coat, 1l.; the goods of Richard Thomas Pugh, his master; to which he pleaded

GUILTY . Aged 32.— Confined Four Months.

23rd February 1846
Reference Numbert18460223-704
VerdictGuilty > unknown

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704. JAMES WHITE was indicted for stealing 31bs. weight of pork, value 1s. 6d.; the goods of William Beck.

THOMAS HARPER . I am in the employ of William Beck, a cheesemonger, in Bishopsgate-street. On the 21st of Feb., about half-past nine o'clock in the evening, the prisoner was standing about the window—I had my suspicion, and watched him—he went into the shop—I followed and told my master to keep an eye on him—he saw he was noticed—I came out, he came out and walked round behind me—he snatched up a piece of pork and ran away—I ran after him, he threw it in at the next doorway and knocked me down—I fell on my head—he threw me down a second time, and hurt my shoulder very much—he threw me down three times, but I still kept him—this is the pork.

WILLIAM BUNTING (City police-constable, No. 632.) I came up and saw the prisoner and the witness struggling on the ground—I saw the prisoner throw him down—I found 2s. 4d. on the prisoner.

Prisoner's Defence. I meant to go and get it weighed; I was not aware that this was the shopman—he rough handled me.

GUILTY . Aged 24.— Confined Four Months.

23rd February 1846
Reference Numbert18460223-705
VerdictGuilty > unknown

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705. THOMAS MILES was indicted for stealing 1 mare, value 2l., the property of Daniel Leverett.

DANIEL LEVERETT . I live at Walworth—I have known the prisoner four or five years—on the 30th of Jan. I took a mare to Smithfield-market—I saw the prisoner there—I asked him to get on the back of the mare, and ride it backwards and forwards—just as we were coming out of the market I sold it to a man—I told the prisoner to take it to my house—I went home in a cab with the man I was going to sell the mare to, and the prisoner had not taken

it home—I never saw him again till he was in custody—I found the mare at Lewisham, a fortnight ago last Friday.

Prisoner. I was waiting to sell the mare; I did not know who it belonged to.

WILLIAM STANNARD . I bought the mare of the prisoner on the 30th of Jan.—I paid him the money for it.

WILLIAM MORTON (police-constable P 289.) I took the prisoner—I told him it was on a charge of stealing a mare—he said while he was dressing him—self, "Recollect I shall not have the darbies on"—I said, "I mean you to have them on"—he said, "If you attempt it I shall let something into your b—y guts that will do for you"—by persuasion he had them on, and on the road to the station he said he sold the mare for 36s., but was persuaded by Billy Brown to do so—he is a most desperate character, and has committed many assaults on the police.

GUILTY . Aged 30.— Transported for Ten Years.

NEW COURT.—Wednesday, February 25th, 1846.

Fifth Jury, before Edward Bullock, Esq.

23rd February 1846
Reference Numbert18460223-706
VerdictGuilty > pleaded guilty

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706. EDWARD CHITTS was indicted for embezzling 1l. 7s. 10d., which he received for Charles Hodge, his master; to which he pleaded

GUILTY . Aged 36.—Recommended to mercy.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-707
VerdictNot Guilty > unknown

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707. MARY ROLT was indicted for stealing 1 purse, value 6d., and 1 half-crown; the property of Cornelius Nobb, from his person.

CORNELIUS NOBB . I am a seaman—between twelve and one o'clock on Sunday morning, the 22nd of Feb., I was going Into Back-lane, Whitechapel—the prisoner came and took me by my arm, put her hand into my waistcoat pocket, and drew out my purse—I saw it in her hand—there was one halfcrown in it, I know—I took hold of her hand and held it—she called for another young woman, who came, and there came up three young men with caps on—they closed round us—the policeman came up, and I gave the prisoner into his custody—I have not found my purse.

HENRY M'KEY (police-constable K 54.) On that morning I heard, a noise in the Back-road, St. George's—I saw the prosecutor holding the prisoner by the hand—he said she stole a purse from him, with half-a-crown in it—she said she did not—he had been drinking, but was quite sensible, and sober enough to know what he was about.

Prisoner's Defence. He asked me where he could get beer; I told him it was too late; I asked him to give me 1d.; he put his hand into his pocket, and then he said I had robbed him; he seized my hand; I had bid a young woman and some young men good night, and when he seized me they all tome up.


23rd February 1846
Reference Numbert18460223-708
VerdictGuilty > pleaded guilty

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708. WILLIAM POSTLEWAITE was indicted for stealing 3 yards of woollen cloth, value 1l. 2s. 6d.; the goods of Luke Pike, his master; to which he pleaded

GUILTY . Aged 20.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-709
VerdictGuilty > unknown

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709. HENRY STEVENS was indicted for unlawfully uttering counterfeit coin, well knowing the same to be counterfeit.

MESSRS. ESPINASSE and DOANE conducted the Prosecution.

JOHN WILLIAM HENSHAW . I am a chemist, and live in Berwick-street Soho—on Wednesday, the 11th of Feb., the prisoner came about half-past one o'clock in the afternoon for 1d. worth of opening pills—he gave me a shilling—I had no change, and sent Susannah Elwin to get change—she returned—I gave the prisoner 11d., and he went away—the same evening Elwin gave me a shilling—I tried it by nitrate of silver, and found it was bad—I put it on the shelf by the side of the counter—it remained there till the Saturday following, when I gave it to James Clark—it was the same shilling that Elwin had brought me back on Wednesday evening—on the Saturday the prisoner came again to my shop—my apprentice, Robert Taylor, was there, and handed to me a half-crown—I tried it with nitrate of silver, and found it was bad—I then locked the door to keep the prisoner in—when I returned behind the counter again, he asked me what was the matter—I said I believed he had passed a bad shilling, and the half-crown was bad—he did not make any reply to that—I swear he is the person who had passed the shilling—I sent for the constable—Clark came—I gave the prisoner into custody, and the shilling and half-crown—this is the half-crown and this is the shilling that Elwin returned to me.

SUSANNAH ELWIN . I am servant to Mr. Henshaw—on the 11th of Feb. he gave me a shilling—I took it to Mrs. Wilkinson, next door—she gave me change—she gave me back the shilling in the evening—I know it was the same shilling at I had from my master in the morning, by a notch on the edge of it—I gave it to Mr. Taylor, and he tried it, and gave it back to me—I took it in doors, waited till my master came home, and gave it him—I am quite sure it was the same I got from my master.

Prisoner. She said on the Monday she gave it to her mistress. Witness. I showed it her—I told the Magistrate that—I did not think it was requisite to state it again—I am quite sure it was the same shilling—it was in my hand when my mistress saw it—I never gave it her.

ROBERT TAYLOR . I am apprentice to Mr. Henshaw—on Saturday, the 14th of Feb., the prisoner came for 2d. worth of acid drops—he gave me half-a-crown—I gave it to my master—it was tried with nitrate of silver, and appeared to be bad—the prisoner was then taken.

JAMES CLARK (police-constable C 79.) I took the prisoner—I received this half-crown and shilling from Mr. Henshaw—I found no money on the prisoner.

MR. JOHN FIELD . I am inspector of coin to the Royal Mint—these are both counterfeit.

Prisoner's Defence. I did not know the half-crown was bad; I was not in the shop before.

GUILTY . Aged 22.— Confined Twelve Months.

23rd February 1846
Reference Numbert18460223-710
VerdictGuilty > unknown

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710. ANN JONES was indicted for a like offence.

MESSRS. ESPINASSE and DOANE conducted the Prosecution.

SARAH RICKETTS . I am the daughter of John Ricketts, a butcher, in Leather-lane—on the 11th of Feb. the prisoner came to the shop about five o'clock in the evening—she brought some steaks in from the board in front of the shop to he weighed—they came to 6d.—she gave me half-a-crown—I gave her 2s.—before she left I looked at the half-crown, and gave it to Caton, the journeyman—he looked at it, and gave it back to me—I then observed it was bad—I sent the man to stop her—she was stopped—I gave the halfcrown to my father—it had not been out of my sight till then—the prisoner

said she was not aware of its being bad—she was taken to the station and discharged.

Prisoner. You gave the half-crown to the man; he came after me and stopped me with it; did he not come back and throw it on the board, and My, "Here is another bad half-crown?" Witness. No, it was in my hand when my father came into the shop—it was in my possession when the man went and brought you back.

COURT. Q. Did you part with it till you gave it to your father? A. The man took it out of my hand, hut not out of my sight.

JOHN RICKETTS . I was sitting in the parlour and saw her come into my shop—I received a half-crown from my daughter—I heard her ask the man if it was not bad—I saw him examine it and return it to my daughter—I went into the shop—the man had then brought the prisoner back—I received the half-crown from my daughter, marked it, and gave it to the officer.

WILLIAM WALLIS (police-constable G 205.) I received this half-crown from Mr. Ricketts—I took the prisoner—there was no other case against her, and she was discharged.

JANE HALL . I am the wife of George Hall, who Keeps the Carpenter's Arms, Bury-street, Clerkenwell. On the 19th of Feb. the prisoner came at a quarter before eight o'clock in the evening—I served her with gin, which came to 1 1/2 d.—she gave me a half-crown—I looked at it, and told her it was bad—she said she was not aware of it, and gave me a good one—I gave her 2s. 4 1/2 d. change—a man came into the bar just at that time and called for half a pint of beer—the prisoner was going away—she was fetched back and given in charge—I showed the bad half-crown to a young man—he said it was very bad—I marked it and gave it to the constable—it was never out of my sight.

JOHN CALLOW (police-constable.) I received this half-crown from Mrs. Hall.

MR. JOHN FIELD . These are both counterfeit.

Prisoner. I had it of a gentleman, and did not know it was bad.

GUILTY . Aged 22.— Confined One Year.

23rd February 1846
Reference Numbert18460223-711
VerdictGuilty > unknown

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711. HENRY DAVIS was indicted for a like offence.

MESSRS. ESPINASSE and DOANE conducted the Prosecution.

GEORGE ROBERT CHAMBERLAIN . I am a cheesemonger, and live in Whitechapel-road. On Tuesday, the 10th of Feb., the prisoner came to my shop between eight and nine o'clock in the evening—I served him with a half-quartern loaf and a 1d. candle—they came to 4 1/2 d.—he gave me a bad 5s. piece—I sounded it—I told him it did not look very well, but it sounded well—I gave him the change—I put the crown into the till—there was no other crown there at that time—in the course of the same evening I sent the crown out to be changed by Shield night, my servant—Mr. Hugh came back with her—he had the crown, and gave it back to me—I put it into my pocket, where there was no other crown—I kept it wrapped up in paper and locked in a drawer for a week afterwards—I then gave it to the officer.

MARY ANN SHIELDNIGHT . I am servant to Mr. Chamberlain. On Tuesday evening, the 10th of Feb., he gave me a crown-piece to get change—I took it to Mr. Hugh, at the public-house—I gave it the barmaid, and she gave it to Mr. Hugh—I am quite sure she gave him the same.

WILLIAM HUGH . I am a publican, and live in Great Garden-street. On the evening of the 10th of Feb. I received a crown from my barmaid—I saw Shieldnight in the bar at the time—I found the crown was bad, and not

knowing the witness, I went back to her master and gave him the crown—I marked it.

WILLIAM CROAKE (police-constable H 70.) I received this crown from Mr. Chamberlain on the 17th of Feb.

SARAH HAINES . I keep a pie-shop in Brick-lane. On the night of the 10th of Feb. the prisoner came into my shop—I knew him well before—he had a stranger with him—they had two pies, which came to 2d.—the prisoner tendered me a half-crown—I thought it was bad and said so—he did not say anything at the time, but afterwards said he did not know it was a bad one—I sent for the policeman and told him what had happened—the other young man paid me in good coin—I did not give the prisoner in charge, but gave the half-crown to the policeman, Brown.

WILLIAM BROWN (police-constable H 111.) I was called in to Mrs. Haines' shop, and received this half-crown from her—the prisoner was there and another young man, who paid for the pies with a good shilling.

MARY ANN JANE ONION . I am the wife of John Onion, a tobacconist, in Fieldgate-street, Whitechapel. On Tuesday, the 17th of Feb., the prisoner came to my shop about half-past nine o'clock at night or a quarter to ten—I served him with two cigars—he gave me a bad shilling—I told him it was a bad one, and asked where he got it from—he said he had it from Whitechapel—Mr. Goddard lodges with me—I called him—he endeavoured to secure the prisoner—I gave the shilling to Mr. Goddard—he gave it me back—I did not lose sight of it—I gave it to Arnold and marked it at the station.

THOMAS GODDARD . I lodge with Mrs. Onion. On the 17th of Feb. I went home between nine and ten o'clock at night—I saw the prisoner in the shop—Mrs. Onion showed me a shilling—I saw it was bad—I gave it back to her—I stopped the prisoner and he was given to Arnold.

JOHN ARNOLD (police-constable H 203.) I took the prisoner—Mrs. Onion gave me this shilling.

MR. JOHN FIELD . These are all three counterfeit.

Prisoner. I did not know they were bad.

GUILTY . Aged 18.— Confined Twelve Months.

23rd February 1846
Reference Numbert18460223-712
VerdictGuilty > unknown

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712. TIMOTHY SHIELDS was indicted for a like offence.

MESSRS. ESPINASSE and DOANE conducted the Prosecution.

AGNES FRYER . I am the wife of James Parkin Fryer; he is a publican, and lives in Perkin's-rents, Westminster—on the 26th of Jan., about twelve o'clock at night, there was a knocking at my door and the prisoner was there—he came in and got 3d. worth of brandy—he gave me a half-crown—I gave it to my husband—I gave the prisoner 3d. and my husband gave him 2s.—he then left.

JOHN PARKIN FRYER . I opened the door for the prisoner on the night of the 26th of Jan. at ten minutes past twelve o'clock—I had shut up my house and put the gas out—I had a candle in my hand—I am quite certain he is the man—he had 3d. worth of brandy—I observed the half-crown he gave in payment—I did not like it at first, but took it and gave him 2s. and my wife gave him the copper—after he left I examined the half-crown and thought it was bad—I put it into my waistcoat pocket—the following morning I brought it down and examined it again—I did not mix it with any other money—I tried it in two places—I bored it with the point of the scissors and then marked it on the edge, as I am not a good judge of silver—I then thought it was good—I mixed it with my silver and gave it to my servant, William Lloyd, but it was so marked that I could distinguish it—Lloyd afterwards

brought me back this half-crown—I am sure it is the one I had from the prisoner, by the marks I made on it—I gave it to the policeman.

Cross-examined by MR. PAYNE. Q. You discovered it was bad when you snuffed the candle, did you not? A. I thought it was bad—I gave it to my servant, with some other money, and he brought it back to me cut.

WILLIAM LLOYD . I am pot-boy to Mr. Fryer. On Monday, the 26th of Jan. I got some silver from my master—there were four half-crowns amongst it—I took it to Mr. Border, in Strutton-ground—I put it on the counter—he bounced one of the half-crowns on the counter, and said it was bad—he then chopped it, and gave it me—I took it back to master.

ROBERT WHITE (police-constable B 100.) On the 30th of Jan. I received this half-crown from Mr. Fryer.

PATRICK FITZGIBBON . I keep the Elephant arid Castle, in Great Peter-street, Westminster. On the evening of the 29th of Jan. the prisoner came to my bar for a quartern of rum—he gave me a half-sovereign—he did not drink the rum—he produced a bottle to put it in—I put the rum in, and gave him 9s.—he took the rum and the 9s., and was in a hurry, going away—the rum came to 5d.—he was 7d. short of his change—I called out, "Young man, you have not got your change"—I believe he heard it,. but he did not come back—that induced me to look at the half-sovereign which I had had in my hand all the time—I concluded it was a bad one—I went out, but he had disappeared—he had a hat on, and either a black or blue dress-coat—in a very few minutes I saw Turner—I marked the half-sovereign, and gave it him, and a description of the prisoner—in about five minutes after the prisoner came again, but his dress was changed—he then had a cap on, and a flannel jacket—I am certain he is the same man—he came for a quartern of rum and shrub that time—he produced the same bottle as he produced on the first occasion—I noticed two strings that are cut, on it, and recognized it again—I had a person named Kerry, in my bar—I observed the edge of a half-sovereign in the prisoner's hand when he called for the rum and shrub—I called Kerry, and he came forward—the prisoner heard that, and I saw him take the half-sovereign, and put it into his mouth—I seized him by the throat—I tried to get it out—I distinctly heard it rattle against his teeth—he succeeded in swallowing it—White, the officer, came, and I gave him into custody.

Cross-examined. Q. You knew the bottle again by this string, why this is a common piece tied round the neck? A. Yes—perhaps there may be thousands of these bottles—the prisoner was only there a few minutes the first time—he came again in about a quarter of an hour—Kerry is not here—nothing was found on the prisoner.

MR. DOANE. Q. Are you sure he is the same person who came on the first occasion? A. Quite certain.

WILLIAM TURNER (police-constable B 109.) On the 29th of Jan. I received from Mr. Fitzgibbon a half-sovereign—this is it.

MR. JOHN FIELD . These are both counterfeit—the half-sovereign has been cast in white metal and electro-gilt.

(The prisoner received a good character.)

GUILTY . Aged 29.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-713
VerdictGuilty > unknown; Guilty > unknown

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713. ELEANOR CLAYTON and MARY WILSON were indicted for a like offence.

JOHN WESTBURY (police-constable N 215.) On the 26th of Jan. I was on duty near Bing's-buildings, Hoxton Old Town—I saw the two prisoners leave a house in Bing's-buildings in company—I and Smith followed them—they

called at different places, and Clayton went in—they went to Mr. Richmond's, and Clayton went in—Wilson walked on the opposite side of the way—Clayton came out, and joined Wilson, and they returned to the house in Bing's-buildings—it was then between nine and ten in the morning—I saw them leave the house again about twelve—I then followed them to Shoreditch, to Mr. Smith's shop—Clayton went in there, and Wilson remained about twenty yards from the door—Clayton came out, and I went into the shop, and received from Mr. Smith a counterfeit sixpence—I then looked after the prisoners, and they went home again to Bing's-buildings—about four the same afternoon I saw them come out a third time—I followed them to Mr. Hart's, in Market-place, Hackney-road—Clayton went in, and Wilson stopped twenty or thirty yards from the door—Clayton left the shop—I went in, and received from Mrs. Hart a counterfeit sixpence—she marked it on the edge before I got it—when I came out I saw the prisoners again—they went to other shops—on Saturday, the 31st of Jan., I saw them again, come out of Bing's-buildings—I followed them to York-street, to the Prince Albert, and took them into custody—I went to the police station in Robert-street, Hoxton—a female searched Wilson—I and Smith went to the house in Bing's-buildings, which I had seen the prisoners come out of—I found a boy and a girl there—I went up stairs, and found in a cupboard this mould, which I produce.

Wilson. Q. Did you see me pay with good money for what I had? A. I did not see you pay for anything.

JOHN SMITH (police-constable N 121.) I accompanied Westbury, and saw Clayton go into those shops—on the 31st of Jan. I was again with him, and saw the prisoners together—after following them some time, I took Clayton—I told her it was for uttering counterfeit coin—she said she was not aware that what money she had was bad—I asked her what she had in her hand—she opened her right hand, and produced a halfpenny—her other hand was closed—I said, "What have you there?"—she said, "Only a sixpence"—I took possession of it, and it turned out to be bad—I went with Westbury to the prisoner's lodging in Bing's-buildings—I there found a spoon and a file—Westbury came down stairs with a mould.

MATTHEW RICHMOND . I am a green-grocer, and live in Kingsland-road On the 26th of Jan. I saw Clayton in my shop, about ten o'clock in the morning—she had four pounds and a half of potatoes—I served her—they came to 3d.—she gave me a sixpence—I put it to my mouth, bent it, and said "This is a very bad one"—she looked, and said, "It is a very bad one; I must have but three pounds now"—I weighed the three pounds, and she gave me 2d.—I had bitten the sixpence nearly in two—I gave it her back.

JOHN SMITH . I keep the Ship, in High-street, Shoreditch. On the 26th of Jan. Clayton came for half a pint of beer—she gave me a sixpence—I gave her 5 1/4 d. change—she drank the beer, and went out—I put the sixpence into the till—there was no other sixpence there—soon after, Westbury, the officer, came in and made inquiries—I gave him the sixpence, after I had marked it.

HARRIET HART . I am the wife of William Hart, a baker, Market-place, Hackney-road. On the 26th of Jan. Clayton came to the shop, between five and six o'clock in the evening—I served her with a half-quartern loaf—she gave me a sixpence—I gave her 2 1/2 d. out—I put the sixpence into the till—there was other money there, but there was a card over the other silver—after she left, the policeman came to me—I gave him the sixpence that Clayton had given me—it was the only sixpence on the top of the card, the last I had taken—I marked it.

MR. JOHN FIELD . These three sixpences are all counterfeit—two of them were cast in the same mould, and one in another—this mould is intended for casting sixpences—it is perfect in all respects—it does not appear to have been used, but it is in a state which would produce a sixpence—this spoon and file might be used in making money.

Clayton's Defence. That little parcel I put myself into this woman's house; a man gave it me on Friday night; she is quite innocent of all my proceedings: I was only there while I was destitute.

Wilson's Defence. She told me to go into Shoreditch with her, and I did; I did not know what she had of bad money; I asked her who the man was that gave the things to her; she left me each day to go to find the man; I never saw him.


WILSON*— GUILTY . Aged 40.

Confined Eighteen Months.

23rd February 1846
Reference Numbert18460223-714
VerdictGuilty > pleaded guilty

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714. THOMAS JONES was indicted for stealing 1 handkerchief, value 6d., the goods of Edward Hall, from his person; and that he had been before convicted of felony; to which he pleaded

GUILTY . Aged 16.— Confined Twelve Months.

23rd February 1846
Reference Numbert18460223-715
VerdictGuilty > pleaded guilty

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715. HENRY NEWTON was indicted for stealing 10oz. weight of copper, value 5d., the goods of Richard Howlett, his master; to which he pleaded

GUILTY . Aged 15.— Confined One Month.

23rd February 1846
Reference Numbert18460223-716
VerdictGuilty > pleaded guilty

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716. CORNELIUS M'MULLEN was indicted for stealing 3 burning irons, value 3s.; 300 pence, and 480 halfpence; the property of William Henry Dobson, his master; to which he pleaded

GUILTY . Aged 16.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-717
VerdictGuilty > pleaded guilty

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717. WILLIAM JONES was indicted for stealing 2 bottles, value 5d.; 4 yards of canvas, 2s. 6d.; 1 apron, 1s. 6d.: and 71bs. weight of rope, 7d.; the goods of Edgar Ramage; to which he pleaded

GUILTY . Aged 55.— Confined Three Months.

23rd February 1846
Reference Numbert18460223-718
VerdictGuilty > unknown; Guilty > unknown; Not Guilty > unknown

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718. JOHN WILLIAMS, JAMES RYAN , and CATHARINE WOOD , were indicted for stealing 1 watch, value 3l., the goods of Philip Griffiths, from his person.

PHILIP GRIFFITHS . I live in Brunswick-street, Soho, and am a shoemaker. On the 17th of Feb. I spent the afternoon at a public-house—I saw all the three prisoners there—I left the house for a particular purpose, and went to a wart—it was then nearly dark, between half-past five and six o'clock—while there I was struck at the back of my neck, and I fell on my knees—the prisoner Williams had passed me about a second before I received the blow—he was not above a yard from me—he came back when I was down, pushed me on my chest, and pushed me down on my back; and when I was on my back, he took my ribbon and watch out of my waistcoat pocket, snapped it off, and broke it—I did not see either of the other prisoners at that time, but about a second afterwards they were close to my person—Wood seized me round the waist and held me, and the two men ran across through the court together—Wood did not go back with me to the public-house—she went part off the way with me, and came into the public-house afterwards—I have not found my watch—I am quite sure it was in my pocket—I was not quite sober, but I was sober enough to know what took place.

Ryan. Q. Did you not tell me if I could hear anything of if you would give me a sovereign? A. I said if I could get my property back I would give

a sovereign—I did not give you a glass of wine—I thought you was not the man then.

Wood. When I assisted you up we went into Drury-lane; you asked the policeman if he had seen two men running; you did not attempt to give me in charge. Witness. It is very untrue.

THOMAS GURLING (police-constable F 68.) I took Williams—I said, "Williams, I want you about a watch"—the prosecutor was standing outside the house, waiting—he saw him, and said, "That is the man who took my watch"—Williams said nothing till he got to the station—he then denied the charge—I took the other prisoners—they denied the charge.

Ryan. You did not tell me what it was for. Witness. I said, "I want you about the watch again."

ROBERT COCKHEAD . I keep the Red Lion and Still public-house, in Drury-lane. On Tuesday, the 17th of Feb., the prosecutor came to my house about one o'clock—he drank several half-pints of wine—I served him with five and the young man with one—I went away at three o'clock, he was there then—I came back about six o'clock, he was there then—Wood had been drinking with him—she was nearly as tipsy as he was—I saw Williams and Ryan there about six o'clock—Wood and the prosecutor had been away somewhere—they returned, and Wood made an observation that some man with one arm had got the watch—(the prisoner Williams has only one arm)—Wood said it was done in some court in Wild-street—Williams was not there at that time—Wood said if the prosecutor came home with her she had got the ticket of his watch, and he should have it for a sovereign—she exhibited a ticket, and I looked at it—it was the ticket of a whittle, not of a watch.

BENJAMIN FANE . I was in Mr. Cockhead's service—I saw the prosecutor on the day of the robbery—I served him with half-a-pint of wine at one o'clock—I saw all the three prisoners in the course of the afternoon—they were all three drinking together—I went out about five o'clock to collect my causWood was then inside the house, and Williams and Ryan outside—I heard Williams tell Ryan there was a party standing at the bar, who had got a watch on a tape slang, and it could easily be had, either with scissors or a snatch—Wood followed me out, and she followed the other two prisoner just as I went away—about a quarter of an hour afterwards I came down Brownlow-street, there was a man running along, who asked me if I had seen Williams, as he had got the watch—I saw no more of Ryan and Wood till they came in to my master's house, in the latter part of the evening—the prosecutor was there still, he described the three prisoners to me, and said he had lost his watch—Wood came in in about half an hour—he spoke about the watch in her presence—she said she knew nothing about it, but she offered this ticket about an hour afterwards—it is a ticket for a whittle—she wanted the prosecutor to go home with her, and said if he would give her a sovereign she would give him the ticket of the watch.

Ryan. Q. Did I not come into the house about half-past six? Witness. That might be about the time—I believe you called for a pint of stout—the prosecutor accused you of stealing the watch—I did not say, "I know he has nothing to do with it—he has only just come from his tea"—I never spoke to the prosecutor at all about you—you told me between seven and eight o'clock that you had sold the watch in Petticoat-lane, and it fetched 13s., 6s. 6d. was your share, and that you rode from Petticoat-lane, the distance being so far.

JURY. Q. Did you see Wood with the other prisoners after the watch was stolen? A. Williams did not come to the house again—Wood was with Ryan about half-past six—as soon as he came in she joined him.

William's Defence. I was in Covent-garden all day, at the election; I followed

the mob to Westminster, where I reside; the next morning I saw the prosecutor in Drury-lane; he followed me down to the barber's; I came out and went down to the Coach and Horses; the officer came in and took me; when I got up Charles-street, at the corner of King-street, the prosecutor was there; the policeman said, "Is this the man?" he said, "Yes," and that I had followed him out and robbed him; and after that he was drinking with Wood and kicking up a row with every person in the house, and accusing them of stealing his watch; he and Wood went out, and he kept talking about his watch; he did not say anything about my being the man; he went to the policeman and he was going to lock him up, as he was so intoxicated.

Ryan's Defence. I went for some work, I came back about six o'clock and had my tea; I came out with my brother, and went to this public-house and had a pint of stout; the prosecutor came in and Wood with him; he was saying he had lost a watch, and he would give me 1l. if I knew anything about it; then he accused another man, and he was going to fight him, but was turned out.

Wood's Defence. I have known the prosecutor two years; I saw him about one o'clock that day, and asked him to give me a drop of beer; he gave me three or four quarterns of rum, and he had some wine; about half-past four o'clock I was tipsy, and he leaned over the counter; the publican said, "You have had sufficient, the sooner you leave the better;" he said to me, "Will you come part of the way towards Clare-market;" we were both so tipsy we could not go along without being pointed at; he turned a court and fell; I saw two men run away, but who they were I do not know; I never left him till seven or eight o'clock in the evening; I did not leave Mr. Cockhead's house till twelve o'clock, as I had to call my husband up.

JURY to RICHARD COCKHEAD. Q. Did you see the watch in the prosecutor's possession? A. No, not all the time he was there.

BENJAMIN FANE re-examined. I saw it in his hand—I saw him take it out of his waistcoat pocket, and place it there again.

PHILIP GRIFFITHS re-examined. The watch was fastened with a ribbon round my neck—it was snapped off from it—here is the ribbon now.


RYAN*— GUILTY . Aged 22.

Transport for Ten Years.


23rd February 1846
Reference Numbert18460223-719
VerdictsGuilty > with recommendation; Not Guilty > unknown

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719. HARRIET RACHAEL STEGGLE was indicted for stealing 1 watch, value 2l. 10s.; 1 watch-guard, 10s.; 2 handkerchiefs, 5s.; 12 shillings; and 8 sixpences; the property of William Telfer: and MARY ANN KEELEY for feloniously receiving 2 handkerchiefs, part of the same, well knowing them to have been stolen.

WILLIAM TELFER . I am a plasterer. I live in Star-street, Edgware-road—about nine o'clock at night, on the 18th of Feb., I saw Steggle on the Baywater-road—I had been drinking, but was not intoxicated—I knew Perfectly well what I was doing—I went with her, and was to stop all night—I went to bed—I laid my clothes on the sideboard—I had a watch in my right hand waistcoat pocket—I had about 12s. or 14s.—some was in halfcrowns, and some in shillings—I had two handkerchiefs—I tied my pocket-handkerchief round my head, and she asked me to give her my neckhandkercheif to tie round her head, which I did—I went to sleep—I awoke and missed my trowsers, waistcoat, watch, and my money, and Steggle was gone—the handkerchief from my own head was gone—she had rolled up my trowsers in the bed quilt—I could not get them—these are my handkerchiefs—this

is my watch—I described it, and told the officer what time it would be run out.

Cross-examined by MR. DOANE. Q. Is this your watch-guard? A. Yes—I had to go out without my trowsers—I had not given Steggle any money—I had not known her before.

HENRY MOUNT (police-sergeant T 29.) On the morning of the 19th of Feb. I found Steggle in Keeley's house—I asked her name—she said it was Steggle—I said, "I want you to go with me"—she said, "I know what for"—I said, "Then you do not want me to tell you"—I said, "Put your bonnet and shawl on"—she took this watch and guard from her bosom and said, "That is part of it"—I asked her where the other was—she said she did not know—I took her from the house, intending to search her own lodging—I gave her to another officer, she called me back, and said, "I will tell you the whole truth; Keeley has got the handkerchiefs"—she said she took the watch from him, but she was led into it, and she was the worse for liquor—I went back to the house—Keeley was then out—I saw her about two hours afterwards—I said, "What about these handkerchiefs?"—she said, "I know nothing of them"—I began to search a box, and she took a saucepan off a shelf, and in it were these two handkerchiefs.

(Steggle received a good character.)

STEGGLE— GUILTY . Aged 19.—Recommended to mercy.— Confined Four Months.


23rd February 1846
Reference Numbert18460223-720
VerdictGuilty > with recommendation

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720. HENRY STAGG was indicted for stealing 1 fork, value 10s., the goods of Matthew Newman, his master.

HENRY GOFTON . I am assistant to Mr. Wells, a pawnbroker at Kensington. On the 9th of Feb., in the forenoon, the prisoner brought this fork—he asked me if it was silver, and if I would buy it—I told him it was silver, but I did not tliink he had come honestly by it—he said his boy gave it him, who was gone on with the team, and had picked it up in the dung which he took at Mr. Liney's at Knightsbridge—I took him to the station.

MATTHEW NEWMAN . I am a farmer, and live at Harlington. The prisoner has been three or four years in my service as a carter—this fork is mine—I cannot say where it was usually kept.

Cross-examined by MR. O'BRIEN. Q. Up to this time the prisoner had a good character? A. Yes.

BETSY NEWMAN . I live with Mr. Newman. I clean his plate, and take care of it—on Monday, the 2nd of Feb., the dessert-forks were taken up into the bed room and locked up all night—they were used on Sunday the 8th—I did not miss any till the policeman came—I then missed one—I saw the prisoner on the 8th in the kitchen—some of the forks were there then—this is one of them.

GEORGE DUNBAR (police-constable T 91.) The prisoner was given me on the 9th of Feb. by Mr. Gofton—I received this fork at the station—the prisoner told me his boy gave it him.

WILLIAM FILBY . I am servant to Mr. Newman. On the 9th of Feb. I was with the prisoner for a load of dung—I know nothing of this fork—I never gave it to the prisoner.

Cross-examined. Q. I suppose there are more boys besides you in Mr. Newman's employ? A. There is one more who goes with the team.

GUILTY . Aged 30.—Recommended to mercy.— Confined Three Months.

23rd February 1846
Reference Numbert18460223-721
VerdictsNot Guilty > unknown

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721. WILLIAM SEELEY, WILLIAM BENTLEY , and THOMAS SMITH , were indicted for stealing three tame fowls, value 4s., the goods of Richard Jones ; and WILLIAM GROVES for feloniously receiving 2 dead fowls, 3s., part of the same; well-knowing them to have been stolen.

ROBERT SUTTLE (police-constable B 97.) On the 9th of Feb., about a quarter past twelve o'clock at night, I saw Seeley, Bentley, and Smith in Greycoat-place, Westminster—I went towards them, and observed they had no shoes on—I said, "What have you got a job to night?"—they said, "No, Bob, we are only going out for a lark"—they went towards Tothill-fields, New-prison—at a quarter before one o'clock I went down Artillery-place—I came back again, and stood against a baker's shop—I saw Bentley run across the road—before I could lay hold of him, Smith was coming up—I laid hold of him—I searched him—he had nothing, and I let him go—Seeley was coming up the same way as the others—he saw me, and ran back again—Smith and Bentley went across Strutton-ground into Pear-street, leading to Duck-lane—there was a cab standing there, and Bentley and Smith came and whistled, and said, "Come on, it is all right"—I went down Artillery-place, and found a fowl in a little garden dead, but quite warm—I went down Duck-lane again, and found some feathers at Nos. 16 and 17—I knocked at the door of No. 17—it was opened by a female—I went in—there was a number of feathers on the floor—I went up stairs, and Seeley, Bentley, and Smith were in bed, two in one bed, and one in another—I returned down stairs—I searched under the stairs, and found a hen in a saucepan, covered up—I took it out, and looked for the feathers upon the floor, but they had all been removed—Groves then came from the back room with a candle—he was not dressed—I said, "What is done with those things that laid here?"—he said, "I do not know: I have seen no things"—I said, "There were some things laid here"—he said, "I picked up some feathers and put them in the grate"—I searched his room, but found nothing—I went up stairs, and found a cock under the bed, where Seeley and Smith were—I said, "Halloo! what have you got here"—they said they knew nothing about it—I took them into custody—Mr. Jones lives about a quarter of a mile from Artillery-place.

RICHARD JONES . I live in Robinson's-cottages, Francis-place, Westminster. This cock and two hens are mine—they were safe between one and two o'clock on the 9th of Feb. while I was at dinner—I missed them on the following morning—there is no fastening to the garden-gate, nor to the place where they took the fowls from—the fowls had not lost all their feathers when I saw them again—pretty nearly all the feathers were upon them.

Seeley. I never saw the fowls till I was dragged out of bed.

Bentley. I went towards the comer, and saw the policeman; there were some persons intoxicated, and he was dragging them home; I went home and Groves let me in in his shirt; it was not me ran across the road.


23rd February 1846
Reference Numbert18460223-722
VerdictGuilty > with recommendation

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722. WILLIAM SHACKLE was indicted for stealing 1 coat, value 15s., the goods of William Gregory.

WILLIAM GREGORY . I live at Hounslow—I had a coat on Sunday, the 15th of Feb.—I put it on my bed at night, and on Monday my landlady missed it—I saw it afterwards at Brentford, and knew it—this is it—the prisoner slept with me on Saturday night.

SARAH HOBBS . I live at Hounslow—Gregory lodged with me—the prisoner lodged with me on Saturday night—he left my house between seven and eight o'clock on Sunday morning—I did not see him again on the Sunday—I saw him on Monday morning at my house—I went up to Gregory's room on Monday—I saw the coat—I doubled it up, and put it in a cupboard in my

room, and in the evening it was gone—this is it—the last time I saw the prisoner was about two o'clock on Monday.

Prisoner. Q. You know I often pawned things for you? Witness. He has pawned things for me, but they were my own—I never gave him anything of my lodgers' to pawn.

JOHN OETZMANN . I am shopman to Mr. Potter, a pawnbroker, at Brentford—this coat was pawned by the prisoner in the name of William Shackle, on Monday, the 16th of Feb.—I am certain he is the person.

JOHN SMITH (police-constable T 92.) I found this coat at Mr. Potter's—I took the prisoner and asked him if his name was Shackle—he said, yes—I found the duplicate of the coat on him.

Prisoner. I am in the habit of pawning things for Mrs. Hobbs.

GUILTY . Aged 46.—Recommended to mercy.— Confined One Month.

23rd February 1846
Reference Numbert18460223-723
VerdictGuilty > unknown

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723. MARY ANN MORGAN was indicted for stealing 1 half-crown, the money of John Barlow, from his person.

JOHN BARLOW . I live in Grange-walk, Bermondsey—on the night of the 15th of Feb. I was crossing Tower-hill—the prisoner came up to me and said, "Here, young man, I want to speak to you"—I did not say anything—I went on—she came again, caught hold of my arm, and put her hand into my waistcoat-pocket, where I had half-a-crown and a penny—she said, "Are you coming home with me for to-night"—I said, "I don't want anything to say to you"—she ran away to a gin-shop—I put my hand into my pocket, and my half-crown was gone—I ran after her into the gin-shop—she was there, pouring something out of a measure, and there were two or three girls round the bar—I called for the policeman—the prisoner ran out of the other door, and another girl with her—I came out—she ran back again, and the other girl stopped me, and said, "Here, young man, come to me, I will tell you all about it: she has not got your half-crown"—I said, "I never said a word about a half-crown"—I put her aside, and ran and caught the prisoner—I gave her to the policeman—she said she would give me half-a-crown and the handkerchief off her neck if I would let her go—I am sure I had the half-crown in my pocket.

THOMAS BARNES (police-constable H 88.) I took charge of the prisoner—when at the station she first said she had not the young man's half-crown—when she saw he was going to press the charge she said, "I will give him his half-crown back before I will be locked up, and this silk handkerchief which is round my neck"—4s. in silver was found on her, and 6 1/2 d. in copper

GUILTY . Aged 27.— Confined Six Months.

NEW COURT.—Thursday, February 25th, 1846.

Sixth Jury, before Mr. Recorder.

23rd February 1846
Reference Numbert18460223-724
VerdictGuilty > pleaded guilty

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724. THOMAS CRIPPS was indicted for embezzling 10s., which he received for George Pawson. his master; to which he pleaded

GUILTY . Aged 17.— Confined Three Months.

23rd February 1846
Reference Numbert18460223-725
VerdictsGuilty > pleaded guilty

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725. ELIZABETH WEBB was indicted for stealing, on the 23rd of Dec., 2 gowns, value 5s.; 2 petticoats, 2s.; 2 night-gowns, 5s.; 1 pair of trowsers, 1s.; 2 flannel shirts, 2s.; 5 table-cloths, 2l.; 8 napkins, 1l.; and 4 other gowns, 3l. 10s.:—also, on the 4th of Dec, 1 coat, 10s.; 1 waistcoat, 3s.; 2 gowns, 3s.; 3 pinafores, 2s.; 1 pair of stays, 3s.; 2 shifts, 5s.; and 1 frock, 1s.; the goods of Sarah Jessop, her mistress, to which she pleaded

GUILTY . Aged 19.— Confined Three Months.

(There were two other indictments against the prisoner.)

23rd February 1846
Reference Numbert18460223-726
VerdictNot Guilty > unknown

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726. BENJAMIN PAVYER was indicted for feloniously receiving 3 moulds for casting types, value 6l., the goods of Vincent Figgins; well knowing them to have been stolen, &c.

MESSRS. PRENDERGAST and DOANE conducted the Prosecution.

JAMES BLAND (a prisoner.) I am sixteen years old—I was in the service of Messrs. Figgins, the type-founders, ten or eleven weeks, and was then taken into custody—on the 24th of Jan. I took one of my master's moulds—I took it to Mr. Somers, a pawnbroker, in Bath-street; to Mr. Brooks, a pawnbroker, at the corner of Banner-street; to Mr. Reeves, a pawnbroker, in Redcross-street; and to another pawnbroker's, at the corner of New-street and Old-street, but I do not knew their name—I offered it in pawn at those places, but I did not succeed in getting rid of it—I went next to Mr. Blunt's, a typefounder, in Bartholomew-square, Old-street—he was not at home—I then went to the prisoner, in Bartholomew-close, which is not far from Messrs. Figgins—they live on one side of Smithfield, and the prisoner on the other—I think it was about seven o'clock in the evening when I got to the prisoner's—I saw him and his son—I produced the mould which I had stolen—the prisoner asked me whose it was—I said it was my brother's—he asked me what I wanted for it—I told him 10s.—he said he would give me three half-crowns for it—I told him my name was Blunt—I did not say where I lived or where I came from—I handed the mould over to him—he told me, when I went in, to go through the passage into the kitchen—I went into a room with him and put the mould on a table—I wanted 10s.—he said he would give me three half-crowns—I said I dare say it was worth more than that, and then he said he would give me 9s. 6d. for it, and I got the 9s. 6d. of him—he said he could not try it while I waited, it would take him a good bit to try it, to make it hot—he asked me if I had any more tools or anything, or any more articles—I said I believed my brother had one or two more little things, and he said any time I brought them round he would purchase them of me—he did not say any more at that time—I went away—on the following Saturday evening, the 31st, I took three more moulds to the prisoner—I found him and his son and two women there—I went into the same back room, at the end of the passage, as before—I put the moulds on the table—the prisoner, his son, and the two women were there—I told the prisoner I had brought him three more—he asked me what I wanted for them—I said I wanted 2l., I thought they were worth about 2l—he said he would give me the same as he gave me for the other—during this conversation in the room a lad who worked for the prisoner was going out, and he told him to shut the door—the women were present—I did not consent to take the money he offered me—I was coming away with the moulds, and he said he would give me 31s. for them—I said I would take 31s. for the three—these are the four moulds—(looking at them)—I believe this is the one I took on the 24th—I do not know the numbers of them—the prisoner sent a lad, who was coming down stain, out for change for a sovereign—that lad was not present at the transaction—the prisoner then paid me a sovereign, a half-sovereign, and 1s.—I told him there was a matrix in one of the moulds—he said the matrix was of no use without he had the whole of them—he asked me my name, and I told him Henry Blunt—he asked me where my brother worked—it came into my mind to tell him he worked in Scotland, and I told him so, but at present he was living in King-street, Islington—a paper was produced, and I believe the prisoner's son produced it, but I will not be sure—I wrote "Henry Blunt" on it—he opened this mould with the matrix in it, and looked at this other large mould, and said it was not finished.

Cross-examined by MR. CLARKSON. Q. I understand it was on the second occasion you told the prisoner your brother, though now living at Islington was working in Scotland? A. Yes—on the first occasion I told him I lived at Islington.

MR. DOANE. Q. Just look at this paper, and tell me if it is the paper that was produced to you on the second occasion by the prisoner or his son? A. This does not look like my writing—the paper I wrote on did not look so large as this—I did not take particular notice, so as to know whether there was anything written or printed on it—I do not think there was.

COURT. Q. Can you write? A. Yes—this does not look like my writing—I do not believe it is my handwriting—I will swear it is not my writing.

MR. CLARKSON. Q. Look at this "Received, H. Blunt," is it your writing? A. No, it is not my writing—I wrote "Henry Blunt" on a paper.

MR. PRENDERGAST. Q. That "H. Blunt" is not your writing; look at this "Henry Blunt" on it, is that your writing? A. No.

MR. CLARKSON. Q. Did you tell the prisoner that you lived at No. 43, King-street, New-road, Islington? A. I did not make him any number—I told him King-street, Islington—I told him my brother's name was Blunt—I did not tell him any Christian name—I told him he was a letter-founder, and worked at Edinburgh—I told him I worked at Mr. Barlin's, St. John-street, Clerkenwell.

MR. PRENDERGAST. Q. You wrote "Henry Blunt"—did you write more than that? A. No—I only wrote my name once.

COURT. Q. Then the information you gave, you did not give any part of in writing? A. No—I only wrote Henry Blunt—there was nothing on the paper on which I wrote—it was plain paper—there was nothing first or last on it but the name Henry Blunt.

Q. Did you give any receipt for what was paid you? A. I marked my name down on a piece of paper.

VINCENT FIGGINS . I am a type-founder—I received some communication, and obtained a search-warrant—I went to Mr. Pavyer's premises, with Roe, a City officer, a sergeant of police, and Sime—his premises are in Bartholomew-close, on one side of Smithfield, and my premises are in West-street—I am in an extensive way of business—I searched the prisoner's premises for a mould, No. 860—I did not find that at that time, but I found another mould, No. 847—when I went there was some little delay, the prisoner not being at home—Me went in search of him—the sergeant went up stairs, and as there was some little commotion in the house, I thought it best to proceed at once, and I proceeded to search—Sime pointed out the mould, No. 847, that was found by him on a shelf in the warehouse—three other moulds were pointed out by the prisoner's son, in the warehouse—it is a parlour used as a warehouse—there was type and scales in it—it is a room in front—these were apart from his own moulds—his own moulds were up stairs in the foundry—there was chiefly manufactured type in that room, and scales—I went there on Thursday, the 12th of Feb.—I am quite certain all four of the moulds are my property—the prisoner produced this paper to me, as the receipt for the money—Sime was in the room at the time—at that time I had not the least notion about the witness Bland—he had been in my employ for two or three months—I have seen Bland write since, and none of it is like what he wrote—he wrote a very small, cramped hand—I never saw him write before—his writing was not at all like this.

COURT. Q. The character of the hand-writing on this paper is not such as he has used since, and you never saw him write before? A. No—I have

seen him write twice since—when I first questioned him and once more—(Bland here, by direction of the Court, wrote his name on a paper.)

MR. PRENDERGAST to MR. FIGGINS. Q. You were present at the examination of this case before the Alderman? A. Yes—this paper was then produced by Mr. Child, the prisoner's solicitor—at the time I made the search at the prisoner's premises, I had no knowledge at all of who the person was that had taken this property from me—I took the prisoner's son round to one of the addresses which he gave to me, to Mr. Barlin, the tobacconist, in St. John-street—it was represented that the person who sold the mould was working at cigar-making—he went through all Mr. Barlin's establishment, and did not recognise any one—I then took him round my own foundry, where Bland and all the persons were at work—he did not recognise any one there—I think last Saturday week was the first time I had Bland followed—it was about a week after the investigation had been made by the prisoner's son at my factory—when I had Bland followed, he dodged and showed other symptoms which caused my suspicion—on Saturday night last, when he came to fetch his things, I had him in—(he had absented himself for several days before)—I had him apprehended.

Q. Do you know whether it is usual for letter-founders to purchase moulds in this way? A. I never had any offered to me—we have men on the premises to make them—as far as I know, they are made on the premises—they might be bought, but then they would always come new.

COURT. Q. Is it not usual when persons fail or break up their establishments to dispose of their moulds and other things? A. Yes—there is no name on these to show to whom they belong, but a person who worked on the establishment would know.

Cross-examined. Q. I believe the type-founders are men of large capital, and there are not many of them? A. There are not many—Mr. Caslon, myself, Mr. Sharwoods, and Mr. Wilson—we have a considerable number of men—there are persons who have more or less extensive concerns—there are small houses—I cannot tell what goes on on their premises—I do not know that these articles find their way to the pawnbrokers, and are sold by auction, and that is the way in which some type-founders possess them—my own father began in a small way, and yet he always made his own moulds—the principal part of the business is done by persons in a large way—I do not think that to make your own moulds would require a capital which a person in a small way does not possess—a man might make one mould—Sime had been in the employ of my father and myself about nineteen years—he left me for about twelve months—I dismissed him because he was so irregular in his attendance—he was drunk occasionally, but I never heard anything against his honesty during the nineteen years I knew him.

COURT. Q. In point of fact are these things in which you are making day by day improvements? A. There have been little improvements constantly going on—no house when they make improvements dispose of those that are less perfect—we can always alter them for out-of-the-way things—we pay a man who makes these moulds from 2l. to 2l. 5s. a week—it would take him eight or nine days to make a mould—we consider the mould is worth three guineas when it is made.

MR. PRENDERGAST. Q. Is it a usual thing, supposing moulds are sold, to sell them in this state with the matrix? A. Certainly not—this one with the Matrix, being away from the others would spoil the set.

MR. CLARKSON. Q. Excepting the one with the matrix could the others be used? A. They could be used without a matrix, by using a very small piece of copper—they cannot be used without a matrix to cast letters.

COURT. Q. Tell us what use you can make with these without the matrix? A. The mould is complete in itself—it is of no use without a matrix, or a matrix without a mould, to cast letters—the matrix made in any other place would be easily adapted to one of our moulds, but that would not be the way in which we should act, we should proceed to alter the mould.

JOHN SIME . I was for nineteen years in the employ of Mr. Figgins—I occasionally got drunk—after being there nineteen years I went to work for Mr. Pavyer, for the last few months, for two or three days in a week—on the 24th of Jan. Mr. Pavyer told me he had bought a nice new pica steel mould, of Scotch manufacture, made by one Blunt of Edinburgh—I said (I being an Edinburgh mould-maker, and the first who introduced the system of making these moulds in London, to Mr. Figgins's foundry,) that there was no such man as Blunt, a mould-maker in Edinburgh—I had worked in Edinburgh and learned the business there—I am sure this was on Saturday, the 24th of Jan.—Mr. Pavyer'sson then brought up the mould in presence of his father—it was this pica mould, No. 860—I knew it directly, and said, "That mould never was made in Edinburgh; it was made at Mr. Figgins's foundry, and I was the last person who took it to pieces, and repaired it" (when I went to work at the prisoner's he knew perfectly well that I had worked at Mr. Figgins's)—when I said that, the prisoner told me that the young had who brought them had twenty more for sale—I took off this wood part on the side of the mould, and showed his son and him how particularly I knew it, by the screws and the different way they are made in England, and by the No, of it—I said, "Gentlemen, were I in your place I would endeavour to detect the man, or secure him if he comes again, and let Mr. Figgins know of it;" the prisoner said to his son, "Never mind, Benjamin, take it down stairs, it will be of use some time."

COURT. Q. What time of day was this conversation? A. About eight o'clock at night—I had not been out to take any refreshment—I do not think I had had anything to drink to do any injury.

MR. PRENDERGAST. Q. Did Mr. Pavyer make any other remark? A. He said, "Never mind, Sime, say nothing about it"—and just as his son was going with the mould out of the room, he said, "If all our black deeds were on our backs, we should have a great many to show"—that was all the conversation that took place in the room—I remained working for him till Saturday, the 7th of Feb.—I was told on the forenoon of that day, by one of his workmen, that he had got some more moulds, and having received that information I took steps to inform Mr. Figgins on the 11th of Feb.—Saturday the 7th of Feb. was the last day on which I worked for Mr. Pavyer—we did not part is consequence of any quarrel—we had been drinking some ale in the shop, the master and men and I came up about nine o'clock in the evening, about receiving the wages—I had been drinking a goodish drop of ale—he told me there was so much to deduct out of my wages, for the ale that we had in the shop, and I considered that it was rather more than I ought to have paid—I refused to take my money, and went away without it.

COURT. Q. Did your deduction for ale exceed that of the other workmen? A. That I cannot tell—sometimes I might not be there—when I left I went down stairs, and got home shortly afterwards—I had some more to drink after I left him, at a public-house in going home—I had a long way to walk—I did not stay long at the public-house—I was nothing particular to hurt when I arrived home—I had not got too much to drink but what I was perfectly capable of taking care of myself, and knew what I was doing—I got home perhaps about twelve o'clock—we had something else to do after I refused to take my wages.

MR. PRENDERGAST. Q. Was there something about a furnace? A. Yes, about an hour before they began to be paid, the men were having a bit of game in the shop which was customary, and there is one particular furnace which, when the men are inclined to lark and waiting about for money, they pull the bricks of it down—I laid hold of it and loosened two or three of the bricks—Mr. Pavyer did not complain of my conduct—it has been so common to do such a thing—he took no notice of it—when he came up he asked what the noise was about, and the bricks were loosened then by a second workman—when I went down stairs in the room below to take the money, the prisoner said I had better go as I would not take the money, and he gave me a push—I went again on the Monday, and saw him, and he was very civil with me—I mentioned about the bricks—he said that was no consequence, and paid me the money, quite as much as I expected.

Cross-examined. Q. Did he push you out of doors on Saturday night? A. No, he pushed me a little off the landing on the first floor—I do not know whether I would not go without that—I get drunk sometimes, but sometimes I do not get drunk for years—I was not drunk for four years, from 1839 to 1843—since that I do not drink much—sometimes I do.

Q. How many times have you been in custody during these twenty years? A. Perhaps twenty—I should not say thirty—not fifty—I think I have been so twice in the same week—I do not recollect that I have been three or four times—I cannot remember more than twice in one week—I will not swear positively that I have not been so three or four times—I was not perfectly sober on Saturday night the 7th of Feb.—on Saturday, the 24th of Jan. I was sober—I think the amount of my wages to be received on the 7th of Feb. was about half-a-sovereign—they might be 7s., 8s., or 9s. 6d.—the little time I worked that week amounted to 10s.—the rest of the time I was at home, as I had a bad leg—the amount I claimed to receive on Saturday night, the 7th of Feb., was about 5s., and some odd—that was what was coming to me—I said to the prisoner, "Let me have half-a-sovereign to-night and we can see how it is on Monday"—he refused—he paid me 5s. and odd on the Monday when the scores were taken off—he offered to pay me on the Saturday night what was coming to me—I am not quite positive whether he offered me 5s. and odd—I was not quite drunk when I left him—I was capable of walking—after I left I went to the first public-house next to his factory—it is the Blakeney's Head, which we use—I did not stop there—the landlord would not let me in—I do not know his motive—I had to meet a person at the next public-house I went to—it was the Rose and Crown, to the best of my belief, in Bartholomew-close—the landlord knew me—I had a pint of beer and a quartern of gin there between a shopmate and myself—I staid there perhaps twenty minutes—it is about a hundred yards from Mr. Pavyer's—the Blakeney's Head is only a few steps—when I left the Rose and Crown I got towards home—I cannot say what was the next public-house I went to—it is some time since—I cannot say how many public-houses I went into—I cannot say that I was turned out of any—I went to Mr. Chance's house in Long-lane but I had nothing to drink—I thought there might be some of my shopmates there, but there was not—Mr. Chance did not turn me out, but one of Mr. Chance's family advised me to go home—he did not consider I wanted any more—that was the last public-house I was in that night, to the best of my belief—I do not recollect that I was turned out of two or three public-houses after I left Chance's.

Q. Did you ever draw a knife on Mr. Pavyer? A. No, nor on any one else—I never threatened to ruin him—I made a communication to Mr. Figgins, in writing, on Wednesday, the 11th of Feb.—on the Sunday before that

I never went out, and did not drink anything at all—I drank some on the Monday, but I do not think I was drunk—there are different opinions on that subject—I do not recollect that I was turned out of any public-house on Monday or on Tuesday—it is some time since, and there was nothing particular happened, or I should have recollected it—I was before the Magistrate when Mr. Pavyer was under examination—I saw the Magistrate reading various papers—I could not tell whether he was reading any of my writing—I saw the solicitor hand him papers—these papers I wrote—(looking at then.)

MR. PRENDERGAST. Q. Do you feel at all any animosity against the prisoner? A. No—I should never have written if I had not been told he had got a lot more.

COURT. Q. Are we to understand that the information you received on the 7th was the cause of your writing on the 11th A. Yes, through one of his men telling me he had got more.

HENRY WORKMAN (City police-constable No. 209.) On the 12th of Feb. I went to the prisoner's house, in Bartholomew-close, with Mr. Figgins and Sime—I found the three moulds which I produce, on a shelf together, in a sort of front shop or warehouse down stairs, not in the workshop—I was before the Magistrate—the prisoner's son was examined on his part.

GEORGE BULLEN . I was in Mr. Figgins's employ in Jan.—I made two of these moulds—I saw these three moulds on Mr. Figgins's premises on the 1st of Jan., and this other, No. 847, which has the matrix, on the 23rd of Jan.


23rd February 1846
Reference Numbert18460223-727
VerdictNot Guilty > no evidence

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727. JOHN PAVYER was again indicted for feloniously receiving 1 mould, value 2l., the goods of Vincent Figgins, well kowing the same to have been stolen.

MR. PRENDERGAST offered no evidence.


23rd February 1846
Reference Numbert18460223-728
VerdictGuilty > pleaded guilty

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728. WILLIAM MILNE was indicted for embezzling 14l. 9s., 19l. 15s., and 5l. 10s., which he received on account of his master, William Ansell Swainson; to which he pleaded

GUILTY . Aged 35.—The prisoner was recommended to mercy, and received a good character.— Confined Nine Months.

23rd February 1846
Reference Numbert18460223-729
VerdictNot Guilty > unknown

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729. WILLIAM RICHARDSON and HENRY BOLDEN were indicted for stealing 56lbs. weight of hay, value 3s.; the goods of Vincent Figgins, the master of Richardson.

MR. PRENDERGAST conducted the Prosecution.

WILLIAM HALL (police-constable N 111.) I was on duty at a quarter before eight o'clock on the 10th of Feb., in a mews behind Park-terrace, Islington—Mr. Figgins's stable and one other are in that mews—I saw Bolden come out of the mews with a truss of hay—he went towards Highbury-vale, which is about a quarter of a mile off—I followed him about 200 yards, and asked him where he was going with the hay—he would not give me an answer for several minutes, and when he did speak he asked me if I would forgive him—he said it was the first time, and he hoped I would forgive him, and not take him back—I said I must take him back with me—I asked him where he brought it from—he would not give me an answer—I asked if he did not get it from No. 19—he said, "Page must have told you all this"—Page is employed by Mr. Stanton—I took Bolden to Mr. Figgins's house—I knocked, and Richardson came to the door—he said, "Policeman,

it is all right; don't make a bother about it; I lent the man a truss of hay"—Mrs. Figgins was there, and she directed me to take Bolden to the station—I afterwards met Richardson in the gravel walk, and took him.

Cross-examined by MR. ROBINSON. Q. Did not Bolden tell you he would show you the house where he got it? A. He said he would show me the house he got it from.

LEWIS PAGE . I live at Mr. Stanton's stable, which is next to Mr. Figgins's—I met Bolden close by there on the night of the 10th of Feb.—he had a truss of hay on his back, and was going in a direction from Mr. Figgins's stable—it was not my hay—there was no hay in my place.

VINCENT FIGGINS . I live in Park-terrace, Highbury—Richardson was my groom—he had no authority from me to lend hay to any one—I had expressly prohibited him from lending it when he came into my service—I have seen this hay—it is like mine—I have thought the quantity of hay I had had not accumulated as it ought to have done.

Cross-examined. Q. Your's is a private house? A. Yes—almost all are private houses about there—as far as I can see, this hay is the same quality as mine—I have not missed any.

COURT. Q. Do you happen to know that these people do in fact lend hay to another coachman or groom? A. I am not aware of that.

MR. PRENDERGAST. Q. Does Bolden work at the mews? A. Not that I am aware of—there is but one other stable beside mine, which is occupied by Mr. Stanton—Bolden lives in Highbury-vale—I believe he is something of a laundress—he keeps a cart and horse—I do not know whether he does anything in that mews—we do not allow any one there.


23rd February 1846
Reference Numbert18460223-730
VerdictGuilty > unknown

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730. JAMES SULLIVAN was indicted for stealing one watch, value 3l.; 1 watch-chain, 6d.; and 3 watch-keys, 6d.; the goods of John Thomas, from his person; and that he had been before convicted of felony.

JOHN THOMAS . I live in School-house-lane, Ratcliff—I am a brush-maker—between eight and nine in the morning, on the 17th of Feb., I was in the Ship public-house, at the corner of Vinegar-lane—the prisoner was there—I came outside—he followed me out, and said, "Old fellow, you are not going yet"—with that I gave him a half look, and in a moment my watch was taken out of my pocket—he ran off with it, and I followed him through some dry arches of the Blackwall Railway—I never lost sight of him—I saw him caught by Valler—when he was taken, he brought the watch from under his jacket-sleeve, threw it as high as he could, and it lodged on the top of a house—a ladder was brought, and the watch was got from there—it broke the glass and the works too—this is my watch.

Prisoner. He asked me to come and have some porter, and we tossed—I won several pots of ale of him, and we were drinking. Witness. I will speak the truth, and nothing but the truth—I did not like your appearance, and I would not speak to you—there was one very respectable man there.

JOHN VALLER . I live in Farnham-place, Ratcliff—on the morning of the 17th of Feb. I heard a cry of "Stop thief!" at the corner of James-street—I stopped the prisoner—he pulled the watch from under his sleeve, and chucked it on the top'of a house—I sent for a ladder and got it.

WILLIAM LEE . I am the street-keeper of Ratcliffe. I took the prisoner, and received the watch.

Prisoner. I never took the watch out of his pocket; he gave it to me ater he had spent all his money; I was going away, and he called, "Stop thief!"

JOHN THOMAS re-examined. Of course, I called "Stop thief!" but run he would—I was not intoxicated—I did not give him my watch.

THOMAS JOHN BLAKE (police-constable K 137.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 16th June, 1845, and confined three months)—I was at his trial—he is the man.

GUILTY . Aged 22.— Transported for Ten Years.

23rd February 1846
Reference Numbert18460223-731
VerdictGuilty > unknown

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731. JOHN THOMPSON was indicted for stealing 1 half-crown and two shillings, the monies of Robert Carter, his master.

ROBERT CARTER . I live in Queen-street, Clerkenwell, and am a turner. The prisoner was my journeyman—on Monday afternoon, the 2nd of Feb., I gave him a half-crown and two shillings, to go to Mr. Haines, in Long-lane, to purchase some ebony—he did not return—I did not see him again till he was taken—I never received the ebony, nor the money.

Cross-examined by MR. PAYNE. Q. How long had you known him? A. Very nearly nine years—he was apprentice to me, and had been out of his time about two years, and was working as journeyman—he has a wife and child—I did not owe him any money—I had paid him on the Saturday previous, and paid him 1s. 8d. over—I know the Hog in Armour—I never waa at a concert there—it is not a mile from my house—I know Mr. Dixon—I never heard him sing—I spoke to George Carr about the prisoner—I do not know whether he frequents the Hog in Armour—there was not 8s. 6d. remaining of a loan account, between the prisoner and me.

GEORGE CARR . I gave the prisoner into custody at the Hog in Armour—he said he knew all about it—I never was in that public-house before is my life.

Cross-examined. Q. How came you to go there? A. By instructions from Mr. Carter—I never saw Mr. Carter there.

JOSEPH GREEN (police-constable G 90.) The prisoner was given into my custody—he said he knew all about it.

JOHN DIXON . I lodge on Saffron-hill. I was at the Hog in Armour in the evening of the 2nd of Feb.—I saw the prisoner there with a half-crown, and he changed it.

Cross-examined. Q. What time did you see him there? A. Between seven and eight o'clock in the evening—there is a free Sing Song there—I am not one of the performers—I never saw Mr. Carter there above once or twice, when he called on me on business.

(The prisoner received a good character, and his master engaged to employ him.)

GUILTY . Aged 23.— Confined Fourteen Days.

23rd February 1846
Reference Numbert18460223-732
VerdictGuilty > pleaded guilty

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732. GEORGE PRESTON was indicted for stealing 1 gelding, value 6l.; and 1 bridle, 1s.; the goods of Jeremiah Bunce; and that he bad been before convicted of felony; to which he pleaded

GUILTY . Aged 19.— Transported for Ten Years.

23rd February 1846
Reference Numbert18460223-733
VerdictGuilty > pleaded guilty

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733. THOMAS DAVIES was indicted for stealing 1 box, value 3s.; 142 yards of velvet, 54l. 13s.; and 305 yards of satin, 33l. 13s.; the goods of; Theophilus Goodwin and others; to which he pleaded

GUILTY . Aged 24.— Confined One Year.

23rd February 1846
Reference Numbert18460223-734
VerdictsGuilty > pleaded guilty

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734. JOSEPH POYNTER was indicted for stealing 1 square, value 1s. 3d., the goods of Charles Barron ; and 1 plane, 1s.; the goods of Robert Snowden, his master; to which he pleaded

GUILTY . Aged 23.— Confined Fourteen Days.

23rd February 1846
Reference Numbert18460223-735
VerdictGuilty > pleaded guilty

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735. MARY ANN HUSSICK was indicted for stealing 1 shilling, the monies of Clarissa Carter, her mistress; to which she pleaded

GUILTY . Aged 12.— Confined One Hour.

THIRD COURT.—Friday, February 27th, 1845.

Before Edward Bullock, Esq.

23rd February 1846
Reference Numbert18460223-736
VerdictGuilty > pleaded guilty

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736. ROBERT WILKINSON was indicted for stealing 1 tea-pot, value 2l., the goods of John Searl and others.

GUILTY .— Confined Twelve Months.

23rd February 1846
Reference Numbert18460223-737
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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737. CHARLES CHUBB and SUSAN GREEN were indicted for stealings, 2 shillings, 1 penny, and 4 halfpence, the monies of John Mullins and another, the master of Chubb.

MR. WILD conducted the Prosecution.

JOHN MULLINS . I am in partnership with my brother William; we keep the Red Lion public-house, Edgware-road. Chubb was my bar-man—Green has been in the habit of frequenting the house since Chubb has been with me—on the 20th of Feb., about six o'clock in the evening, suspecting something, I cleared the tills—in one I left two shillings, two sixpences, and a 4d. piece—Chubb brought me another shilling from the parlour, which made three shillings in the till—Green came in—in consequence of what I saw I watched, and between eleven and twelve o'clock I left in the till two half-crowns, eight shillings, and some sixpences, which I did not mark—I had another barman, whom I sent to bed a little before eleven o'clock—Chubb was alone, attending the customers—I saw Green come in soon after eleven, with a jug for a pint of porter—I was in a private parlour exactly opposite—looking through a window into the bar—I saw Chubb serve her—she gave him 6d.—he gave her 3d. change, then looked round to see that all was clear, and I saw him take more copper, and put two shillings in between it, and put it on the counter—I directly followed Green, with the jug in one hand and the change in the other, and before she got out of the door I took her by the hand, and said, "Allow me to see your change"—she opened her hand, and had two shillings, and 6d. in halfpence—I directly asked Chubb what change he had given her—he did not answer directly, but when he saw the change in her hand he said change for half-a-crown—I said, "No, she gave you sixpence"—Meeder came round, and I gave her in charge—he had been watching in a different part of the house—I am quite certain if half-a-crown had been put down I must have seen it.

Cross-examined by MR. ROBINSON. Q. You were at the window? A. Yes—the counter was directly facing me—the man's side face was towards me and the woman's face, but I was attending to the man—the till is near the corner—the counter is a round sweep—I was standing on the step of a chair, looking over some bottles which had glass on both sides—the window forms a glass case—I had to look through two squares of glass, but they were perfectly clear—the bottles were between the two panes—the counter is pewter—I received a good character with Chubb.

MR. WILD. Q. How long had he been in your employ? A. A fortnight and a few days.

COURT. Q. As he stood at the till, had he his back or side to you? A. His side—I said, "I will count the money, and if there is a third half-crown, you shall have the benefit of it," but there was not, and I missed the two shillings—I had been him plainly take them out.

WILLIAM MEEDER . I live in Harrow-road, and am a parish-constable. On the 20th of Feb., at a quarter past ten o'clock, I went to the prosecutor's house, in consequence of a communication—I saw Green come in about half-past ten o'clock, with a jug for some beer, which she paid for, and left—I followed her, and in Market-street she met a woman, and I heard her say, "It is no go"—she went from there into No. 80, Star-street—I saw no more of her till she came to the house again about a quarter-past eleven, she called for a pot of beer, and tendered a sixpence for it, which she pushed along the counter—Chubb put it into the till, and took out three penny-pieces—she took them all up—he put his hand in again, took out more halfpence, put his hand into the place where the silver was, took some out, and put it between the halfpence—I could not see what silver it was—Mr. Mullins called me round—I went, and he had Green by the hand, and there was two shillings and 6d. in copper in her hand—I desired him to mark it—there was no other customer there, nor anything to obstruct my seeing this.

Cross-examined. Q. Do not you know that No. 80, Star-street, is her home? A. She told me to go there and tell her sister where she was, but did not say she lived there—I found her sister there.

(Chubb received a good character.)

CHUBB— GUILTY . Aged 25.— Confined Nine Months.

GREEN— GUILTY . Aged 27.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-738
VerdictGuilty > unknown
SentenceImprisonment; Corporal > whipping

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738. WILLIAM AKERMAN was indicted for stealing 1 live tame pigeon, price 1s., the property of John Reeling; and that he had been before convicted of felony.

HENRY JOHN REELING . I live in Warder's-court, Clerkenwell-close—the prisoner lived in the same house. I lost a tame pigeon from the pigeon-house, on Tuesday morning—I found it at a shop that evening, and took him to the shop—he asked me to forgive him—he did not say how he came by it—this is it—I had stopped him on Sunday with the same pigeon, and took it from him.

ELIZA RAIMENT . I am the wife of Charles Raiment, and deal in pigeons. On Monday the prisoner and another boy brought this pigeon to me—the prisoner waited outside, and the other boy came into the shop—I gave him 5d. for it, and saw him go out and give it to the prisoner.

JAMES WILD (policeman.) I produce a certificate of the prisoner's former conviction at Clerkenwell—read—(Convicted 4th Nov., confined one month, and whipped)—he is the person—I was present at the trial.

GUILTY . Aged 11.— Confined One Month, and Whipped.

23rd February 1846
Reference Numbert18460223-739
VerdictGuilty > unknown

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739. JAMES SMITH was indicted for stealing 1 boot, value 30s., the goods of George Marsh.

HENRY NEWTON . I am in the employ of George Marsh, boot-maker, Old Jewry. About five o'clock in the evening, on the 23rd of Feb., I heard a jerk against the brass-work at the door—three boots hung on the rail—I saw the prisoner tug at one, and run off with it—I followed, and overtook him—the constable took him—he had nothing then, but I saw him take it.

JAMES FRANKLIN (policeman.) I took the prisoner. I saw him running through Grocer's Hall-court from a cry of "Stop thief!" I ran round the Poultry, and took him—he said he ran away because a man struck him with an umbrella—the boot was found in Grocer's Hall-court, where he had run—it was given to me.

HENRY NEWTON . This is the boot—I am quite certain I saw him run away with it.

Prisoner's Defence. A person ran by me; a gentleman called, "Stop thief," and a man hit me with an umbrella; I know nothing of the boot.

(The prisoner received a good character.)

GUILTY . Aged 26.— Confined Three Month.

23rd February 1846
Reference Numbert18460223-740
VerdictGuilty > unknown

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740. PHOEBE DREDGE was indicted for stealing 2 pairs of trowsers, value 8s.; 2 waistcoats, 7s.; and 1 handkerchief, 3s.; the goods of Edward Welstead, her master.

EDWARD WELSTEAD . I live in Vine-cottage, Chiswick—the prisoner was in my service six or seven weeks. On the 19th of Feb. I missed a silk handkerchief from a drawer in my bed-room—I spoke to the prisoner about it—she denied it, but at last said she had taken it, and pawned it at Pattens—I found it there with the two pairs of trowsers, and two waistcoats, now produced, which I am quite sure are mine.

JOHN OCTZMANN . I am shopman to Mr. Patten, of Brentford. On the 30th of Jan. the prisoner pawned two pairs of trowsers, and two waistcoats—I am certain of her; and on the 5th of Feb., a handkerchief was pawned, but I cannot say who by.

JOHN HADDEN . I apprehended the prisoner on the 21st of Feb.—I asked her for the duplicates of the property she had robbed her master of—she said she had lost them.

GUILTY . Aged 18.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-741
VerdictGuilty > with recommendation

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741. MICHAEL HIGGINS was indicted for stealing 157 yards of cloth, called Silesia, value 2l. 18s.; and 29 yards of cloth, called Coburg, 2l. 15s.; the goods of Thomas Beetenson Barber.

JOHN TOWNSEND . I am in the service of Mr. Barber, of Galley Quay. Thames-street. On Wednesday, the llth of Feb., I received at his premises, two packages both directed for Margate—one was in the name of Gosling—I put them inside the warehouse, about six yards from the door—I signed a receipt for the man who brought them—I afterwards missed one truss.

SAMUEL HAWKSLEE . I was porter to Mr. Barber on the llth of Feb.—the prisoner worked on the wharf—I never saw this truss myself, but on the llth of Feb. I saw a brown paper parcel under the charger's box—I cannot say it was part of the truss, but the truss was missed—I took the parcel into the counting-house to Mr. Barber—I looked about the yard with a light, and found another parcel concealed behind a pillar, and gave that to Mr. Barber.

CHARLES FOWLER . I am a warehouseman to Mr. Stanley, of Cheapside—a truss containing the goods stated in the indictment was given to our porter to deliver at Galley Quay—the porter is not here, but he brought the wharfinger's receipt for it—the parcel was directed to John Gosling, Margate—I know the articles—(looking at them)—I know this to have been in the truss—it has our private mark, and this Silesian cloth also—they were put into the truss to go to Mr. Gosling—I executed the order myself—they are part of the order.

JOHN TOWNSEND . This is the receipt I signed for the package.

THOMAS BARNES . I am in the employ of Mr. Dexter, pawnbroker, Whitechapel-road—this piece of calico was pawned by the prisoner—I knew his person, and am quite certain of him.

JANE CATHERINE STYLER . I am the wife of Joseph Styler, of Union-place Mile-end. I was at Mr. Ashley's, the pawnbroker's, on the 11th of Feb., and saw the prisoner pawn twenty-our yards of slate-coloured lining for 3s—I did not know him before, but am certain of him.

MARTHA BLAKESLEY . I am the wife of Edward Blakesley, of Union-terrace,

Mile-end—I was passing Ashley's shop, and saw the prisoner come out—he asked me to buy a duplicate, which I did—I thought from what he said it was white calico, but found it was twenty-four yards of glazed cotton—I went to pawn it again, having no occasion for it, and it was stopped.

JAMES OSBORNE (policeman.) I produce twenty-four yards of twilled cloth, which Mrs. Blakesley brought to the station.

CHARLES FOWLER re-examined. I believe this to be part of the goods that were sent, and the paper the calico was in which was pawned at Dexter's has our private mark on it—this was in the truss.

JOSEPH JONES . I am in the employ of Mr. Avila, of Mile-end-road. I have twelve yards of slate-coloured lining pawned in the name of Ann Lee.

THOMAS BEETENSON BARBER . The prisoner has worked for me fifteen years—I recommend him to mercy—I know nothing against him.

Prisoner's Defence. I was coming from work; a parcel of empty carts were at the top of the gateway; I found the parcel between two carts.

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

23rd February 1846
Reference Numbert18460223-742
VerdictGuilty > unknown

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742. MARY FLETCHER was indicted for stealing 1 breast-pin, value 6l.: the goods of John Macfarlane, from his person.

JOHN MACFARLANE . I am a merchant, and live at Westminster. On the 24th of Feb., between ten and eleven o'clock, I was coming from the Adelaide Gallery—the prisoner came up and spoke to me—I did not at first hear what she said—I had a diamond pin in my stock—I stopped to hear what she said—she came close up to me, and shuffled alongside of me—she had followed me some distance—she put her hand up and snatched my pin out of my stock—I caught hold of her hand, called "Police!" and tried to get it from her—two men rushed up and tried to get her from me—they succeeded at last—I hit one of them and his hat fell in the street—he went after it—I then went and secured the prisoner, who was running away—she had a handkerchief in her hand, and in trying to get it from her I felt something prick my hand—I got the handkerchief out of her hand, and took my pin out of it—the policeman came up and took her.

Cross-examined by MR. FORSTER. Q. At what time did she first come up to you? A. About ten o'clock, near the Adelaide Gallery—I walked away from her—she came up to me again in, I think, Villiers-street—I was not at a house of ill-fame that night—there was another female in the street a few minutes before the prisoner came up the second time, but she had left some distance—there was nobody, within twenty yards when she made the snatch I think—I will swear there was nobody within arm's length of me.

HENRY GRADY . I live in Fore-street, Lambeth. I was going through Hungerford-arcade, and heard a cry of "Police!" in Villiers-street—I saw the prosecutor dragging something out of the prisoner's hand—he showed me the handkerchief and pulled the pin out of it—two men behind me tried to pull the prisoner away.

Cross-examined. Q. Is Villiers-street badly lighted? A. Yes—the handkerchief looked rather dirty to me—I saw no women about.

HENRY LEE BARKER (policeman.) I heard the cry of "Police!" and found the prosecutor holding the prisoner—he said he had been robbed of a pin, which he produced—she said she had not done it, that it was another woman running in an opposite direction, mentioning a name which I forget.

Cross-examined. Q. Was there not another woman by? A. There might have been in the crowd.

JOHN MACFARLANE . This is my pin.

GUILTY . Aged 23.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-742a
VerdictGuilty > pleaded guilty

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742. WILLIAM BENNETT was indicted for stealing 3 half-crowns, the monies of William Treble, his master; to which he pleaded

GUILTY .— Confined One Month.

23rd February 1846
Reference Numbert18460223-743
VerdictsGuilty > with recommendation; Not Guilty > unknown

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743. GEORGE MORLEY was indicted for stealing 44lbs. weight of stereotype metal, value 7s. 6d.; the goods of Peter Perring Thomi, his master; and RICHARD OWEN for feloniously receiving the same, well knowing it to have been stolen.

MR. LAURIE conducted the Prosecution.

PETER PERRING THOMS . I am a printer, and live in Warwick-square—the prisoner Morley was in my employ not quite eighteen months—I received information about the 20th of Feb. respecting some stereotype metal which I manufactured—Morley had access to it, and in consequence of information I went on Saturday last to Giltspur-street Compter, and saw the prisoner Owen—I did not say anything to induce him to make a statement to me, I merely asked him if he could describe the person of whom he had bought some metal, and in consequence of information from him I directed Morley to be taken into custody—the policeman brought him to my house, and he made a statement to me—I did not say it would be better or worse for him to do so, nor did the policeman in my hearing.

JOSEPH DALTON (policeman.) I took Morley into custody, and took him to Mr. Thoms—I did not say anything to him about telling the truth—nor that it would be better or worse for him.

Cross-examined by MR. PAYNE. Q. Where did you take him? A. At his residence, George-street, Bagnigge-wells—I took him to his father's close by, as he wished to see his mother—I did not hold out any inducement to him to say anything—he confessed to his wife before he left the house.

PETER PERRING THOMS re-examined. The prisoner Morley walked in with the policeman, and said, "I hope you will forgive me sir, it is my first offence, I have been faithful to you in all my morley affairs, my accounts were always very correct; I hope for the sake of my poor father you will forgive me"—he said they had been in distressed circumstances, and said, "I have been induced to commit this transaction," or words to that effect—the officer has the stereotype plates—I lost about 7s. 6d. worth.

Cross-examined by MR. PAYNE. Q. They are spoiled plates are not they? A. Yes, these now produced are—he said he would pay for something, that was not these, but in reference to an accident he had with some type—he had been absent from his work a short time and met with an accident—I did not know of it till afterwards—I had not seen these plates at all—they were manufactured on my premises, and are mine—some of these have no face.

MR. LAURIE. Q. Was there any other metal with these? A. There are other plates which I will swear to—the officer has them.

JOSEPH DALTON . On Friday the 20th of Feb., in consequence of information, I went to the prisoner Owen's shop, 95, Shoe-lane, Fleet-street, it is a marine-store dealers—I went into a room at the back of the shop, and found these stereotype plates, in a little sitting-room, in a basket—these now produced are part of them—I asked Owen who he bought it of—he said, "I don't know"—I asked him to look at his books—he was a little while before he could find them—I looked at them but found no entry after 1842—I took him into custody with the type—and in consequence of further information next day I took Morley—I took him to Mr. Thoms, and in his presence he said he hoped his master would forgive him—that he had had misfortunes lately, and been in bad circumstances; it was his first offence, and offered to pay for it.

Cross-examined. Q. Did you say unless he made some statement you could not do anything with the old man? A. I did not—I said nothing about his confessing.

MR. THOMS. I had these plates to cast, they are my property—I have not the least doubt of them—if the others were separate from the rest I could not swear to them, but now they are together I know them all.

MORLEY— GUILTY .—Recommended to mercy.— Confined Four Months.


23rd February 1846
Reference Numbert18460223-744
VerdictGuilty > unknown

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744. ADAM HAY was indicted for stealing 5 yards of flannel, value 5s., the goods of Mark Mayhew.

SARAH MAYHEW . I live with my father Mark Mayhew, in Richard-street, Limehouse. On Tuesday morning I was cleaning the doorway, there was five yards of flannel on the dining-room table, near the window—I saw the prisoner pass by close to the window, with his arm in a sling, and turn back—I then went into the house with a broom, and came out with a pail, to clean the door, the prisoner turned back to the next door, and stood still while I cleaned the step—I went in and missed the flannel off the table—it could be reached by a person putting his hand in at the window—I called out, "Somebody has stolen my flannel"—Mrs. Pitts said, "Run round the corner"—I ran and saw the prisoner with the flannel in his hand—I called, "Stop thief," and he dropped it—I took it up and gave it to the policeman.

Prisoner. Q. Did not you tell the Magistrate at the first examination you could not say it was me? A. No—I said I could swear to you—the prisoner had another person with him, when he first passed the window—(the witness's deposition being read agreed with her evidence.)

CAROLINE PITTS . I live nearly opposite the prosecutrix, and am the wife of Joseph Pitts—I saw three men at the corner of the street—I heard the witness call out, and told her I thought the men had gone round the corner.

THOMAS WATKINS . I apprehended the prisoner in Limehouse, and told him I took him on suspicion of stealing flannel—he denied it—on the way to the police-court, he said, "I will defy you to give me more than ten years"—I was before the Magistrate, and did not hear the witness say she did not know him.

Prisoner. Q. Did not you tell the Magistrate that both the women swore to me at the station? A. No, I said when I found Mrs. Pitts backward in coming forward, I was compelled to summon her—she refused coming till then—the prosecutrix recognized you at the station directly.

Prisoner's Defence. At the first examination she said she saw me and three more going by; she came back and saw me standing by the window, and another woman had seen me take this flannel out of window; she said she would not say it was me dropped the flannel, for there were three together, and their backs were towards her; at the next examination she swore to me, and said she did not understand before.

GUILTY . *— Transported for Seven Years.

THOMAS WATKINS . I was present when the prisoner was convicted of house-breaking, and I had him in custody last Dec.

23rd February 1846
Reference Numbert18460223-745
VerdictGuilty > with recommendation

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745. CATHERINE HULBERT was indicted for stealing 3 spoons, value 6s.; 2 table-cloths, 3s.; 2 pinafores, 5s.; 6 towels, 4s.; 1 sheet, 2s.; 1 petticoat, 2s.; 1 shirt, 3s.; and 1 watch-key, 12s.; the goods of Mary Ann Wilkinson.

MARY ANN WILKINSON . I am a widow, and live in Silver-street, Golden-square

The prisoner was in my service a fortnight before Christmas, and three weeks after I missed two silver spoons, and spoke to her about them—after she left I missed some table-cloths, and found the duplicates of the spoons and table-cloths under the carpet at my house—the articles produced are mine, and were lost while she was with me.

Prisoner. I certainly pawned four articles to pay my lodging; I have been in great distress; my husband was gone into the country. Did not you tell me to lock up the towels? I counted them, and there were eight, the Sunday before I left; the other four articles I certainly took, and am willing to make them good. Witness. I told you I had twenty-four towels.

JANE FIELDING . I am in Mrs. Wilkinson's service. On the Sunday after the prisoner left she came in the evening, when mistress was at church, and gave me two duplicates and a pocket-handkerchief, told me to give them to Mrs. Wilkinson, and say she had not got any more.

JAMES SIMPKIN . I am shopman to Mrs. Kelly, pawnbroker, John-street, Golden-square. I have two silver spoons, one pawned on the 26th, and the other on the 27th of Dec., by the prisoner, I am positive.

WILLIAM GROVER . I am shopman to Mr. Tate, Cambridge-street, Golden-square. I have a table-cloth—I do not know who pawned it.

EDWARD OLIVER . I took the prisoner in charge, and told her the charge—she seemed much confused, and wished to go to Mrs. Wilkinson's, but I took her to the station—she said just outside, "I took them through distress."

Prisoner. I am willing to pay for them, if you will forgive me; my friends are 150 miles off; I went to Mrs. Wilkinson's till I could get a situation.

MRS. WILKINSON. I took her in from charity—she said her husband occasionally assisted her—she seemed destitute—I allowed her to sleep at my house till she could get a better situation.

GUILTY . Aged 33.—Strongly recommended to mercy.— Confined Four Months.

NEW COURT.—Friday, February 27th, 1846.

Fifth Jury, before Mr. Recorder.

23rd February 1846
Reference Numbert18460223-746
VerdictGuilty > pleaded guilty

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746. JOHN WILTSHIRE and GEORGE WILLIAMS were indicted for stealing 8lbs. weight of ham, value 2s., the goods of Edward Lane; to which they pleaded

GUILTY .— Confined Three Months.

23rd February 1846
Reference Numbert18460223-747
VerdictGuilty > pleaded guilty

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747. RICHARD OSBORN was indicted for stealing 1 carriage-spring, value 6s.; and 1 skittle-ball, 6s.; the goods of John Smith: to which he pleaded

GUILTY .— Confined Six Months.

23rd February 1846
Reference Numbert18460223-748
VerdictGuilty > pleaded guilty

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748. JOHN BRASSINGTON was indicted for embezzling 1 gown, value 7l. 7s.; the goods of Charles Willis, his master; and that he had been before convicted of felony; to which he pleaded

GUILTY .— Transported for Ten Years.

23rd February 1846
Reference Numbert18460223-749
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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749. WILLIAM RADLEY was indicted for a libel; to which he pleaded

GUILTY.— Judgment Respited.

23rd February 1846
Reference Numbert18460223-750
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment; Imprisonment

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750. CHARLES PEARSON, THOMAS SCOTT , and JAMES WESTBROOK were indicted for stealing 7 knives, value 7s.; and 1 needle-case, 5d.; the goods of Henry George Collett; and that Pearson had been before convicted of felony.

EMILY FLETCHER . I am twelve years old, and live with Mr. Henry John Collett, at No. 5, Seymour-place, Camden-town—he keeps a toy-shop. I was in the shop on the 11th of Feb., at half-past eight o'clock in the evening—the prisoner Scott, and another, who is not here, came into the shop—they purchased a halfpenny ball, and went out—they came in again, and wanted the ball changed for a halfpenny shuttlecock—Scott went with me to where the shuttlecocks stood in the shop, and the one who is not here stood against the door—I gave them a shuttlecock, and they went away—as soon as they were gone a little girl came in—I looked into the window, and missed a card and some knives—Scott had proposed to look at those knives—I had shown them to him, and put them back

WILLIAM DIBBIN . I live at No. 3, York-place, Camden-down—I work for Mr. Hailes, a green-grocer. I passed the prosecutor's shop on that Wednesday evening—I saw the prisoners Pearson and Westbrook looking in at the window—I saw Scott inside the shop, looking in the window, and another boy who is not here—Scott came out with seven knives under his jacket—he ran away with them—he had come out with a ball first, and looked at it, and spoke to Westbrook and Pearson—he went inside again, and came out with the knives—the boy who is not here went in, put his right hand behind him, and drew the knives out of the window—Scott stood behind him—he took them from him, doubled them up, and ran out with them—Westbrook and Pearson ran after him—they all ran together down Hawleycrescent—they could see the other boy draw the knives from the window—they were watching him, looking in at the window—when I was noticing what was going on, Pearson said to me, "What do you want here?"—I said, "What has that to do with you?"—I went and told my master, and he told the policeman.

Scott. You were in the shop when I was in. Witness. No—you came out with a ball, and showed it to others outside, and then you came out with seven knives on a card.

Westbrook. I was in Holborn at half-past, eight o'clock; you did not see me there. Witness. Yes—you were there looking in at the shop window—I had seen you pass the shop before.

THOMAS VICKERS (police-constable S 183.) I took Scott in James-street, Hampstead-road—I told him what I wanted him for—he said he knew nothing of it—I took him to Mr. Collett's—I found this needle-case in his pocket—I asked him how he got it—he said a boy gave it him—he did not tell me what boy—Fletcher pointed him out as the person who had been in the shop—in the way to the station-house he denied at first being in the shop, but afterwards he said he had been in the shop, but he knew nothing about the knives—I had seen the three prisoners in company together the night before I took Scott—they were all three together walking, at a quarter before eleven at night, and a fourth boy, of the name of Balcomb, with them.

EMILY FLETCHER re-examined. I know this needle-case—it is Mr. collett's—I did not miss it till the officer brought it—it was in the shop when Scott came in.

Scott. I gave 2d. for it.

JOHN M'LEISH (police-sergeant S 19.) I took Pearson and Westbrook in Harwood-street, Hampstead-road—I told them what I suspected them of doing—they said they had not been there that night at all.

Pearson. Westbrook and I started down Holborn at half-past seven o'clock, and returned at half-past nine; we saw Scott; he asked us where we were

going; we went down Harwood-street and met the sergeant; he searched us and found nothing; we went into a public-house; be came again, and took us to the station-house.

Scott. I met them; they said they were going to Harwood-street; that was the only time I saw them that night.

Westbrook. When we were taken, I asked the officer what he had got us for, and he said, "Never mind."

THOMAS VICKERS re-examined. No, I told them there was a robbery committed in Seymour-place, I did not know what it was.

Scott. The girl said she thought it was me, she was not sure.

EMILY FLETCHER re-examined. I do not exactly remember what I said—I think it was him—I have not mistaken him for any other boy.

Scott. The boy that went with me to buy the ball ran down the street.

TIMOTHY DONOVAN . I am an officer of the Birmingham Railway. I produce a certificate of Pearson's former conviction at this Court—(read—Convicted 18th Aug., 1845, and confined three months)—he is the person.

(Scott's father gave him a good character, and engaged to keep him at home.)

PEARSON— GUILTY . Aged 17.— Confined One Year.

SCOTT— GUILTY . Aged 14.— Confined One Months.

WESTBROOK†— GUILTY . Aged 20.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-751
VerdictNot Guilty > unknown

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751. MARY BROWN was indicted for stealing 1 sheet, value 2s.; 6 yards of calico, 3s.; 1 quilt, 8s.; 21lbs. weight of soap, 8s.; 3 knives, 1s. 6d.; 5 forks, 2s.; 1 pillow-case, 8d.; 3 dusters, 8d.; and 2 table-cloths, 8s.; the goods of Ellen Miles Wastell and others, her masters.

JOHN WESTBURY (police-constable N 215.) On the 17th of Feb. I went to Miles's Lunatic Asylum, in Hoxton Old-town—I saw the prisoner there—I said to her, "Mary, you know what I am, and who I am; I must take you into custody and search your boxes; have you any objection to that?"—she said, "None at all"—I then left her for a few minutes, and she came to us with a bonnet and cloak on, and we went to No. 38, Brunswick-street, knocked at the door, and went in—the prisoner asked me to explain to her sister, Mrs. Cook, what we had come upon, which I did—her sister began to cry very much, and said we might search the place—she opened a cupboard by the side of the fire, and in that cupboard I found a sheet, marked "J. C., No. 12," and by the side of that mark the letters "W. T. M." had been picked out, but the mark was very legible—I asked the prisoner if she knew anything of that, and told her she had no occasion to answer me the question unless she thought proper—she said she did not—I found a pillow-case in the tame cupboard; and in a cupboard on the other side of the fire-place I found a bed-quilt, a quantity of new calico, and three dusters—I asked if they could tell me how they came by that bed-quilt—Mrs. Cook said she had bought it of a tallyman, and paid 1s. a week for it—I went into the back place, and found three knives and five forks, which were identified by Mr. Cocksedge, the steward, as belonging to the establishment—we then left with the prisoner, and she was taken, to the station—we went before Mr. Bingham, and she was remanded till Friday—she was allowed out on bail, and on the Saturday she went to fetch her boxes and things away from the establishment—a short time after she had left I was shown some things by Mr. Cocksedge—I took them with me to the station—the prisoner was store-keeper in the establishment—I brought away the things from Mrs. cook.

THOMAS ABRAHAM COCKSEDGE . I am steward to the trustees of the Lunatic Asylum at Hoxton—it is called Sir Jonathan Miles'—he is notalive—I saw this sheet at the prisoner's sister's house, Mrs. Cook—I believe it to belong to the Asylum—such articles were under the prisoner's charge at the Asylum—it had not been missed—Ellen Miles Wastell, and others, are the trustees.

Cross-examined by MR. BALLANTINE. Q. I suppose every servant had access to this property? A. Decidedly not, unless they had the key to the place where they were kept—the prisoner kept the key—the doors were opened when she opened them—the things were kept in rooms appointed for that purpose in different parts—the sheets were used and sent down to be washed—these sheets were only for the patients' use—when the patients had done with them the laundry-maid would have them—the prisoner had been ten years in the service of the establishment as store-keeper.

JOHN WESTBURY re-examined. This quilt, calico, soap, knives and forks, pillow-case, and table-cloth, were all found at Cook's—the prisoner had the charge of these articles—this quilt had never been given out at all—it is impossible for any one to go to the house but those who belong to the establishment—the stores where these were taken from are at the top of the house.

THOMAS ABRAHAM COCKSEDGE re-examined. Q. Why, is only one person in England capable of stealing your sheet? A. I can only say we found these things at Cook's—the prisoner said she took this sheet down with a dress wrapped up in it, for her sister to make, and she meant to have brought it back again—she mentioned it before the Magistrate.


23rd February 1846
Reference Numbert18460223-752
VerdictNot Guilty > unknown

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752. MARY BROWN was again indicted for stealing 1 sheet, value 2s.; 8 yards of calico, 4s.; 2 dusters, 4d.; the goods of Ellen Miles Wastell, and others, her masters:—2ND COUNT, stating them to be the goods of Edward Langdon Bryan.

THOMAS ABRAHAM COCKSEDGE . We found these articles between the bed and the sacking, in the room where the prisoner slept—I think it was on the 18th of Feb.—we found tome flannel and calico, a sheet and two dusters—it was after we had been to Cook's, and after the prisoner had taken her boxes away and was gone—no one has succeeded her in the employ at present—the housemaid slept in the room with her—she is not here—we made this discovery half-an-hour or an hour after the prisoner had taken her boxes away—I asked Dr. Bryan, the physician of the establishment, to go into her room with me—I lifted up the bed and saw these things which I left, and locked the door—it was merely a thought of my own, I had no information—the things served no use there—they were doubled in the sheet and put under the bed—if they were our property they ought to have been with the rest of the stores, in the store-room—we keep all the linen in that room—there were two sheets on the bed which she had to use—and these things were wrapped in a sheet and put between the bed and the sacking.

Cross-examined by MR. BALLANTINE. Q. You say it was about an hour after she had taken her boxes away, but was it not a week after she had been given into custody? A. She was apprehended on the Tuesday, and these were found three days after.

COURT. Q. Then there was an opportunity for the other servant to have put these things there? A. Yes—that servant is not here—the property was not in the prisoner's possession when found—the matron has kept that store-room since—she is not here.

JOHN WESTBURY (police-constable N 215.) At the time I received these

things I went to the prisoner and asked her if she had taken the whole of her things away, she said she had—I said, "Are you positive"—she said "Yes"—I showed her a shift and flannel jacket marked with her initials—she hesitated, and then said they were hers—I then told her there was a quantity of other things marked with her name, and some new calico wrapped in a sheet under her bed—she said the flannel was hers, but the sheet and new calico was not—these dusters are made of cotton check—they have a great number of them there—these have her name on them.


23rd February 1846
Reference Numbert18460223-753
VerdictGuilty > unknown

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753. SAMUEL WEST ALLABASTER was indicted for bigamy.

WILLIAM GRAY . I live in Cole-street, Swan-street, Dover-road—I knew the prisoner in 1832—I also knew Jane Ann Tooley—I remember visiting at the house where she lived, in Rochester-row, Westminster, in company with the prisoner—after I had visited there with him for some time, he told me he was married to her—I saw them living together as man and wife six years afterwards—I visited them when they were living as man and wife, in Widegate-alley, Bishopsgate-street.

WILLIAM M'LEAY (police-constable G 112.) I produce two certificates of marriages, I got them from the prosecutrix.

DANIEL JONES . I got this first certificate at St. Margaret's Church, Westminster, from Mr. James, the curate—he signed his name, H. James—I got it on the 30th of Jan., 1846—I examined it with the register, which the clerk brought out of the iron chest—I saw it taken out, and saw it copied by the curate from the book—I examined it by desire of the clergyman, and in his presence—it is quite correct—(read certifying that Samuel West Allabaster, batchelor, and Jane Ann Tooley were married by banns, on the 4th of March, 1832—Mr. James, who gave me this copy, is officiating for Mr. Connor, who is in Ireland.

WILLIAM GRAY cross-examined by MR. BALLANTINE. Q. Did you ask those parties whether they were married? A. Not a question—the prisoner told me they were married—it was about 1832, I cannot say to a month—he told it me in conversation—he had no reason to tell me—he said he had got married, and I did not believe him at the time till I had further proof of it—he was such a frivolous man I do not know whether I should believe him on his oath—I am doubtful of it.

COURT. Q. What what was the name she went by? A. Jane—I did not know her name was Jane Ann till lately—I knew her name was Jane Tooley—I have seen letters that she signed Jane Allabaster—it was two or three months after I had gone with the prisoner to see Miss Tooley, that he told me he was married—then I lost sight of him—he got to be a masterman and I was a journeyman, that divided us—I then saw him living as a married man in Widegate-alley—I was keeping a shop at the time in Wheeler-street—I should think Rochester-row is in the parish of St. Margaret, Westminster—I did not know to my recollection where the prisoner lived, when he was courting Jane Tooley—I never knew where he lived exactly—sometimes he was in employ and sometimes out—I never knew him by the name of West, only Samuel Alabaster.

JAMES WATERS . I live in Great Wild-street—I have looked at the certificate of the marriage of Samuel West Allabaster and Jane Ann Tooley—I knew nothing of the parties at the time they are said to have been married—I have received letters from the prisoner's wife, as I suppose, and two letters from the prisoner—these letters are his wife's writing—I have none of the Owner's writing—I have been in company with him and a woman he represented

to be his wife, at my house, about twelve months ago—I have known the parties for six or seven years together, she living as his wife—I have heard Mrs. Allabaster say, in his presence, that they had been married on the 4th of March, about fourteen years ago—I did not hear where—I saw her one week before the prisoner was taken into custody, which is about three weeks ago—I have received letters on business from her—I know her handwriting—I have received letters which I know to be in her handwriting—I have always heard the prisoner call her Jane.

Cross-examined. Q. You did not know her before the supposed marriage? A. No I did not know her for six or seven years after they were married—whether she was a Miss Tooley or not I do not know.

COURT. Q. Did you ever know the prisoner go by the name of West? A. Yes, I have seen his card and heard him say his name was West—he described himself as Samuel West Allabaster—that was while he was living withthat woman.

MARTHA CLARK . I live in Charles-street, City-road, and am the widow of James Thomas Clark—he died in 1842—I was married to the prisoner it St. Barnabas Church, St. Luke, on the 27th of Sept., 1845—he gave the name of Samuel West—Mr. Bull was present at the marriage—the prisoner lived with me from Sept. till the middle of Nov.—he took 58l. from me.

Cross-examined. Q. You met at Rosherville? A. Yes—I was walking there, and the prisoner unintentionally ran against me, he turned round and apologized—we were fellow-passengers in the same boat, in going home, and the lady who was with me said he was the person that ran against me—he overheard it, turned and apologized—he saw us home that evening—I asked him in, he came in and remained an hour and a half—he asked to call again, he came the next day, and I asked him to tea—I went to receive a legacy—I was taken ill, and he took great care of me—after I got better he put up the banns.

FREDERICK BULL . I was present at the second marriage—the prisoner is the person—he gave the name of Samuel West only, not Allabaster.

GUILTY . Aged 33.— Confined One Year.

23rd February 1846
Reference Numbert18460223-754
VerdictGuilty > with recommendation
SentenceNo Punishment > sentence respited

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754. ELIZABETH MARSHALL was indicted for stealing 4 sheets, value 8s., the goods of Ellen Miles Wastell and others, her employers:—2nd COUNT, of Edward Langdon Bryan.

THOMAS ABRAHAM COCKSIDGE . I am steward of the Lunatic Asylum at Hoxton. The property alleged to have been stolen was in the legal possession of Edward Langdon Bryan, who is the superintendent of the asylum under the proprietors—he is appointed by the Lord Chancellor—the prisoner has been employed as needle-woman in the asylum nearly two years—she slept at the asylum—she had private lodgings—on the 16th of Feb. I went to the police-station—two pairs of sheets were shown to me there—they were the property of the asylum—I went to No. 1, Henry place, Hoxton old-town—I saw the officer open a door with a key—I found a considerable quantity of property there, but these four sheets, the subject of this indictment, were found upon the prisoner by the constable.

JOHN WESTBURY (police-constable N 215.) I saw the prisoner leave the asylum on the night of the 16th of Feb.—I followed her and stopped her in Hoxton Old-town—I said, "Miss, excuse me, I am a police-constable, what have you got in that bundle? I must see it, and take you back"—I found these sheets in her possession—she was carrying them away from the asylum—she said, "For God's sake forgive me this time! I never did it before; I never will any more"—I said, "I cannot, you are my prisoner, I must take

you back"—I took her back—the sheets were identified by the governor directly he saw them—the marks were there—I took the prisoner down to the station.

THOMAS ABRAHAM COCKSEDGE re-examined. These are the property of Edward Langdon Bryan.

Cross-examined by MR. DOANE. Q. Is he here? A. No, he is at the asylum—he is the superintendant—there is the surgeon, and myself, and the matron there—Mr. Bryan always pays the servants' wages—I know these sheets by the mark "W. T. M." upon them—it is the mark upon til the property in the asylum.

(The Rev. John Gibson, rector of Bermondsey; Emma Murray, the wife of a butler; James Marshal, gentleman, of Camberwell; Elizabeth Hannah Dodd, of Walworth; Silas Kemble Cook, and Mr. Robert Lee, of Brighton, gave the prisoner a good character.)

GUILTY. Aged 30.—Recommended to mercy by the Prosecutor and Jury. Judgment Respited.

(There was another indictment against the prisoner.)

23rd February 1846
Reference Numbert18460223-755
VerdictGuilty > unknown; Guilty > unknown

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755. GEORGE WALKER and WILLIAM BURKE were indicted for stealing 1 handkerchief, value 1s., the goods of Richard Emery, from his person; and that Walker had been before convicted of felony.

THOMAS TURVEY (police-constable M 196.) On the 19th of Feb., at half-past six o'clock in the evening, I saw the two prisoners at the foot of Westminster-bridge, loitering about, and following first one gentleman, and then another—they appeared to be aiming at picking pockets—I followed them with another officer to Charing-cross, where I saw Burke take a handkerchief from the prosecutor's pocket, and Walker was covering him—he stood at Burke's elbow while he put his right hand into the pocket—I gave notice to the prosecutor, and I took the prisoners—they both struggled—I let Walker go to detain Burke—I left him with another constable, and went after Walker—it was a dark handkerchief, with spots upon it—it happened near a light—I saw it distinctly—when I came back they had brought Burke some distance, and there being a great number of people round, I could not find it—I am certain I saw it in his hand.

Walker. Q. Did you see me make any attempts? A. I saw you make one attempt, opposite the Duke of Buccleugh's.

RICHARD EMERY . I live in Brunswick-street, Blackwall, and am a butcher. I was near Charing-cross on the 19th of Feb.—I searched my pocket at the information of Turvey—my handkerchief was gone—it was green, with yellow spots—I asked the officer what sort of a handkerchief it was he saw—he said it was so near under the light he could see it was a spotted handkerchief.

SAMUEL HARRIS (police-constable L 177.) I was with Turvey—I saw Burke attempt to pick the pocket of a gentleman who was coming over Westminster-bridge, with a coat upon his arm—Walker was by the side of Burke—we then followed them to Charing-cross—I was on one side of the road, and observed a scuffle—I went across—Walker ran away—I pursued him till he was taken by one of the A division near Storey's-gate.

Walker. I was not running; this police-officer said, "I do not want this man the other is the man I have suspicion has got the handkerchief," and he let me go; I walked across the road. Witness. He ran the whole of the way.

GEORGE BIRD (police-constable A 174.) I was on duty at Charing-cross—I took Walker in Birdcage-walk—he ran the whole way at very great speed—I

should not have known which way he went after he got through the Horse-guards, but I saw his white frock under a lamp—the prisoners were put into the cells, and Burke said to Walker that it was a good thing he had dropped the handkerchief, and he hoped we should not find it.

THOMAS CLARK . I produce a certificate of the prisoner Walker's former conviction, by the name of George Clark—(read Convicted the 27th of Dec. 1899, and transported for ten years)—he is the person.



Confined one year.

NEW COURT.—Saturday, February 28th, 1846.

Sixth Jury, before Mr. Common Sergeant.

23rd February 1846
Reference Numbert18460223-756
VerdictGuilty > unknown; Guilty > unknown; Not Guilty > unknown
SentenceTransportation; Imprisonment

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756. JEREMIAH MURPHY, JOHN WESTON , and ALFRED SELLISS , were indicted for feloniously assaulting William Jones on the 20th of Feb., at Whitechapel, and taking from his person, and against his will, 1 pocket, value 6d.; 2 sovereigns, 10 shillings, 14 sixpences, 3 pence, and 2 farthings, his goods and monies; and beating, striking, and using other personal violence towards him.

WILLIAM JONES . I live at No. 16, Daggett's-court, Eldon-street, Finsbury. I have seen Selliss before at a public-house—I met him on Friday morning, the 20th of Feb. between twelve and one o'clock—he said, "Will you stand a pint of beer?"—I said I would, but it was after twelve o'clock, and all the houses were shut up—he said he would find a house if I would pay for a pint of beer—I said of course I would—he went to a house on the left-hand side of Bishopsgate-street—I then had two sovereigns, eighteen shillings, and some coppers in my pocket—I paid for two pints of beer there—Weston was there, and Selliss seemed to know him—as soon as we came out Selliss said to me, "Where are you going?"—I said, "To a coffee-shop"—he said, "Come with me"—we went to Whitechapel—he said, "Here is a house open, we can have a pint of beer here"—I paid for a pint there—Weston and Selliss followed me out—I went to the cab-stand in the middle of the street for a necessary purpose—I was there knocked down, and immediately there were three or four persons upon the top of me, and I felt them ripping my coat—I heard my coat ripping—I saw no chance, and cried, "Murder! murder! police!"—as soon as I cried "Murder!" Weston cut right away from me across the street, and stood against the wall, as if he had not a hand in it—I saw him run across the street, and he was one who had been holding me down—I am positive of that—he was the only one I recognised—the policeman came up—I told him what had happened—I went right straight to Weston—I said, "Here is one of them," and gave him in charge—I did not see Murphy after I was in the house, nor Selliss—he came out of the house after me.

Weston. I went into a public-house, and met with Selliss and the prosecutor; we went to another public-house, and had some more beer and gin; then we went to Whitechapel and had two pints of beer there; he came out with two females, and when I came out I found he was knocked down; I pulled a young woman off him; he hallooed, "Murder!" and I took her off. Witness. No, he did not—my money was all gone, and my pocket, and the back of my coat with it—the money was in my coat-pocket.

DANIEL FOLEY . I live in Gun-square, Houndsditch. I was in Whitechapel, and heard a cry of "Murder!"—I saw the prosecutor knocked down by Murphy—I am positive of that—when he was down I saw him put his knee

upon his breast—he muffled him about, and he took from his person some black or dark thing, like a pocket—he got up and ran up a little avenue—I followed him, and opposite Whitechapel church he turned back—I said, "You ought to be ashamed of yourself, knocking that man down, and doing what you have done"—he said, "It was not me"—I never lost sight of him—he said he would go home—he ran across Whitechapel—I followed him and cried, "Stop thief!"—the policeman Kelly came up—Murphy ran up a little avenue, and we lost sight of him—there was a turning in the avenue—I am positive he was the man.

Murphy. Q. You say you saw me knock him down, could not that man hare held me by the collar? A. I could not tell that—his back was turned when you struck him, and there were three or four people and a woman—I was nearer to you than I am now—I did not collar you—I did not like to interfere, where there were three or four able strong men—you ran up a little avenue between Whitechapel church and where the butchers have their shops—a female came up—you had no opportunity of giving anything to her, because I followed you close up—you ran across Whitechapel-road, and up a passage—I did not see you afterwards till you were in custody—I gave information of the very dress you wore that night, which was a fustian jacket and corduroy or fustian trowsers.

COURT. Q. Did you see his face? A. I saw his face, but could not swear whether he was pock-marked—I swear by his person, and his dress, and his face as well—I saw his face to enable me to swear to him—I saw him next day, and I knew he was the man—I swear he is the man that knocked the prosecutor down—I have no doubt of it.

WILLIAM BROWN (police-constable H 145.) I heard a cry of, "Murder!" about four o'clock—I went up and saw Weston—I asked him if he had heard a cry of "Murder!"—he said, "Yes," pointing to the prosecutor, who was sending about two yards from him—I asked the prosecutor if he had been robbed—he said, "Yes."

THOMAS KELLY (police-constable H 119.) I took Murphy—I told him what for—he said he was not there at all—I told him it was useless to say so, as he was seen—he then said he came out with the prosecutor, and was with him—I had chased the man on the morning of the robbery, and to the best of my belief he is the man I chased—he was dressed as Murphy usually dressed.

Murphy. Q. You have known me four or five years, can you say anything against my character, barring twice for a row? A. Yes, you are always with thieves—I never said I would transport you if it lay in my power.

Murphy's Defence. I was in the Horse and Leaping-Bar, on Friday morning, the 20th; the man said, "Will you mind my door?" I said, "I shall go home in a few minutes;" I was going home; Selliss and Weston came in; then the prosecutor; the prosecutor paid for two pints of beer, and then for bread and cheese, and beer for two prostitutes, and he left these men; he then came out; Selliss was the next that followed him, and Weston stopped to the last; I came out, and walked over to No. 9, Flower and Dean-street, where the officer took me.

Weston's Defence. It is only three, weeks since I came from Newbury; I was coming home, and I saw this man down, and a woman on him; I Pulled her off; I called, "Police!" and then he called, "Police!" and said I was one of them.

JURY to WILLIAM JONES. Q. Where is your coat? A. Here it is—the breast pocket outside is torn off—I saw Weston run away—I was struck on the back of the neck, and three or four were on me; and he was the first that

ran away—I saw him distinctly—he ran, and stood with his face against the wall—I was on my back, just looking sideways—I am positive it was him—there was a female there—who it was I cannot say—she was not pulled from the top of me.

MURPHY†— GUILTY .— Transported for Fifteen Years.

WESTON— GUILTY .— Confined One Year.


23rd February 1846
Reference Numbert18460223-757
VerdictGuilty > pleaded guilty; Guilty > unknown; Guilty > unknown
SentenceImprisonment; Transportation

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757. JAMES WILMOTT, JOHN DOYLE , and JOHN KELLY , were indicted for burglariously breaking and entering the dwelling-house of Thomas Milligan, at St. Pancras, about the hour of four in the night of the 17th of Feb., with intent to steal, and stealing therein, 1 coat, value 10s.; 1 hat, 15s.; and 1 handkerchief, 2s. 6d.; the goods of Thomas Wormald; 1 thimble, value 6d., the goods of Mary Ann Milligan; 1 time-piece, value 3l.; and 9 spoons, 2l. 10s.; the goods of the said Thomas Milligan: and that Kelly had been before convicted of felony; to which

WILMOTT pleaded GUILTY . Aged 19.— Confined One Year.

MARY ANN MILLIGAN . I am the daughter of Thomas Milligan—he lives at No. 23, Gloucester-crescent, Camden-town—it is his dwelling-house, and is in the parish of St. Pancras. I went to bed about half-past eleven o'clock at night on the 17th of Feb.—I believed I was the last person up—I am sure all the doors and windows were shut when I went to bed—I got up in the morning about a quarter before seven—I found the glass entirely broken out of a window—I missed table-spoons, dessert-spoons, and tea-spoons, a coat, handkerchief, time-piece, and thimble—these are the articles—they are my father's—the thimble is mine.

Cross-examined by MR. PAYNE. Q. When did you last see any of these spoons? A. On the evening of the 17th of Feb.—Mr. Wormald, my sister, and two servants, were in the house—I thought I was the last person up, but it turns out that one of the servants was, who is not here.

THOMAS WORMALD . I am a solicitor—I lodge at No. 23, Gloucester-crescent, Camden-town. I was called up about seven o'clock in the morning on the 18th of Feb.—I found a pane of glass taken out of the water-closet window, and on the seat I found this knife—on the parapet dividing that house from the next, I found two pairs of shoes, which had been left by somebody—my coat, and hat, and some other things, had been taken—this is my coat and hat—there was a key of my chamber in the coat pocket, which is gone—but there was a handkerchief in the pocket, which I can identify—this is it.

Cross-examined. Q. A pane of glass had been taken out? A. Yes, that would enable them to undo the fastening of that window if it were fastened—it was about fifteen inches square—a person could get in.

JAMES BATT . I found these seven silver spoons on the door-sill of Mr. Joseph's house, No. 3, Gloucester-street, on the morning of the 18th of Feb., between seven o'clock in the morning, and a quarter-past—I gave them to the officer.

WILLIAM SCHOFIELD . (police-constable S 135.) I was on duty in park-place, at twenty minutes before five, on the morning of the 18th of Feb.—I saw the three prisoners coming from Gloucester-crescent, in company—Wilmott and Doyle had no shoes on—they came up towards the York and Albany, and Kelly turned to the left to go down Park-street—I followed Wilmott and Doyle—I said, "Halloo, my lads, what are you doing without shoes?"—Doyle said, "I sold my shoes for 2s. 6d."—I called Moore—he came up, and put his hand into Wilmott's pocket, and took out two spoons—I turned, and saw Palmer—I sent him after Kelly—I found on Doyle 7 1/2 d.—these

shoes appear to fit him—they are rather too large, but there was a piece of white rag in the toe.

Doyle. Q. When I came up had I any stockings on? A. No—Wilmott had stockings on, but you had no stockings, nor shoes—you did not tell me that many a better lad than you had no shoes, and that the shoes you had were worn out.

WILLIAM MOORE (police-constable S 82.) I found these two spoons on Wilmott—this coat, and this hat, and handkerchief, I took from Wilmott at the station—I had seen the three prisoners together on the Sunday morning previous—I searched Kelly then, and found on him this knife, which Mr. Wormald found in the water-closet on the morning of the 18th of Feb.—I can swear to it.

Cross-examined. Q. You found nothing on him but this knife, and gave it him back? A. Yes—I can swear to it by the name of Hoby or Toby on it—Kelly said he was a drover, and used it to cut the wool of the sheep with—he said he was waiting for a flock of sheep.

JOHN PALMER (police-constable S 129.) I followed Kelly to No. 3, Gloucester-street, and saw him start again from there—that was where the spoons were found.

MARY ANN MILLIGAN re-examined. Q. Had you gone to the watercloset that night? A. No—the servant is not in the habit of going there—it was fastened by a handle—I am sure it was fastened when I went to bed at night.

Cross-examined. Q. Do you mean you tried the door at all? A. It was not fastened on the outside—there is no lock to it—it shuts as any other common door does—I know it was shut, because I passed it.

Doyle's Defence. At half-past twelve o'clock that day, I was standing at King's-cross; I met two wagoners; one of them said, "Have you anything to do?" I said, "No;" he said, "I will give you bread and cheese, and 6d. to come and get two loads of dung;" we got it, and then it was twelve at night; I went into the hay, and slept with five or six more; he gave me 9d. in the morning; I laid out 1 1/2 d., and kept the 7 1/2 d. till there was a marine-store shop open, to get me a pair of shoes, as I had left my own at home.

FRANCIS MANSEN (police-constable S 87.) I produce a certificate of the prisoner Kelly's former conviction, by the name of Patrick Doyle—(read—Convicted 4th April, 1842, and confined three months)—he is the person.

DOYLE**— GUILTY . Aged 17.

KELLY— GUILTY . Aged 19.

Transported for Ten Years.

23rd February 1846
Reference Numbert18460223-758
VerdictGuilty > with recommendation

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758. JAMES JOHNSON was indicted for stealing 1 coat, value 7s. 6d.; 1 handkerchief, 1s. 6d.; and 1 pair of gloves, 1s.; the goods of Edward Elnies Gardner.

EDWARD ELMES GARDNER . I live in Bedfordshire. On the 25th of Feb., at a quarter-past six o'clock in the evening, I stopped with my cart at the gate of the Windmill-inn, St. John-street, Smithfield—I was in the house about five minutes—I saw the prisoner near my cart—I came out, and saw him come away from it with my great coat under his arm—I followed, and got close to him—I looked to see if it was my coat—he dropped it and ran off—I picked it up, and followed, and a gentleman caught him—I am Positive he is the person—this is my coat, my handkerchief and gloves are in if—he walked when I first saw him—when he dropped the coat he ran.

Cross-examined by MR. DOANE. Q. Where had you left it? A. On the front board—I had laid it on—it did not hang over—anybody passing might see it.

(The prisoner received a good character.)

GUILTY . Aged 27.—Recommended to mercy. Confined Two Months.

23rd February 1846
Reference Numbert18460223-759
VerdictGuilty > unknown

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759. HENRY WESTON was indicted for feloniously breaking and entering the dwelling-house of John Kain, on the 25th of Feb., at St. Matthew, Bethnal-green, and stealing 9 metal taps, value 5s., his property.

JOHN KAIN . I am a plumber—I live in Patriot-row, in the parish of Bethnal-green—on the 25th of Feb. my attention was called to my shop-window, by my daughter, about five minutes after six o'clock in the evening—I found the window was broken—I had some brass metal taps in the window inside the shop—the window being broken would enable a person to get his hand in and take the taps, if he had put his arm in the whole length—I missed them—I had seen them safe about half-past four o'clock—I ran out, and went round the corner—I there saw the prisoner, with a blue bag on his back—I am sure he is the man—I put my hand on the bag, and felt one end of the taps—I laid hold of him, and said, "I want you"—he said, "You b----r, I want you," and hit me three or four times under the ear—I have not been well since—I said, "I will never leave you," and he struck me in the stomach, which took away my breath—I kept the bag, but he got away—a young man pursued him with me when I got my breath, and we took him.

Cross-examined by MR. PAYNE. Q. Where was the prisoner stopped? A. In Paradise-row, on the north side of Bethnal-green—there are two turnings between where I found him with the bag, and where he was stopped—it took me about three minutes to recover my breath—I never lost sight of him—it is a long, open place—I can stand 400 or 500 yards off and see my own shop—my daughter is seven years and a half old—she is not here—it is not much more than 300 yards from where I took the bag from the prisoner and where he was stopped—I found the taps in the bag, and they were mine.

GEORGE DANIELS . I am a weaver, and live in Cambridge-road—on the evening of the 25th of Feb. I was talking to a friend—I heard a cry—I turned and saw Mr. Kain running, with a blue bag, and the prisoner running before him—I crossed the road and stopped the prisoner—there was no one else running.

GUILTY . Aged 30.— Transported for Ten Years.

23rd February 1846
Reference Numbert18460223-760
VerdictGuilty > unknown

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760. GEORGE TUCK was indicted for assaulting Eliza Susannah Turner, with intent, &c.

GUILTY .— Confined Eighteen Months.

23rd February 1846
Reference Numbert18460223-761
VerdictNot Guilty > unknown

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761. JOHN SLATER and JAMES HOLLAND were indicted for assaulting Mary Brown, with intent, &c.


23rd February 1846
Reference Numbert18460223-762
VerdictsNot Guilty > unknown

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762. SARAH THOMAS was indicted for unlawfully receiving 24 yards and a half of linen cloth, value 3l.; the goods of Samuel Greame Tenton, which had been obtained by false pretences; also 80 yards of Paramatta, value 9l. 8s.; the goods of John Burls; well knowing the same to have been stolen: and 48 yards of Cashmere, value 6l.; the goods of Edwin Delfoss and others; well knowing them to have been stolen.


23rd February 1846
Reference Numbert18460223-763
VerdictGuilty > lesser offence

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763. FRANCIS WALES was indicted for assaulting Emma Royal, with intent, &c.

GUILTY of a Common Assault. Aged 19.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-764
VerdictGuilty > with recommendation

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764. ELIZABETH GARD was indicted for unlawfully concealing the birth, of her child.

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

23rd February 1846
Reference Numbert18460223-765
VerdictNot Guilty > no prosecutor

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765. JOHN EGERTON was indicted for a conspiracy.

MR. ROBINSON declined the prosecution.


23rd February 1846
Reference Numbert18460223-766
VerdictGuilty > unknown

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766. TIMOTHY TOBIN was indicted for rape.

GUILTY . Aged 44.— Transported for Life.

(There was another indictment against the prisoner.)

THIRD COURT.—Saturday, Feb. 28th. 1846.

Second Jury, before Edward Bullock, Esq.

23rd February 1846
Reference Numbert18460223-767
VerdictGuilty > unknown

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767. ROBERT THOMPSON was indicted for unlawfully obtaining by false pretences from James Wilkinson Hitchins a certain security evidencing a title to some railway shares.

MR. DOANE conducted the Prosecution.

JAMES WILKINSON HITCHINS . I am now living in Newington-terrace, Dover-road—in Aug. last and previously I was engaged in buying shares in public companies, about Capel-court and the neighbourhood of the Stock Exchange—I know a gentleman named James Gibbons, living at No. 9, Collet-place, Commercial-road—on the 10th of Aug. I received from him this letter of allotment in the British and Irish Union Railway Company, for which I paid him 10s. per share—that was 20l.—I took it that same month to Smith, Payne, and Smith, the bankers appointed to receive the deposits—I had received money from Mr. Brown, who had money there, and I paid a deposit of 120l., 3l. per share—this is the bankers' receipt—on the 17th of Sept. I was in the Hall of Commerce, where I am a subscriber—my name was called out in the hall—I went up, and found the prisoner—I had seen him before several times, and knew him about there as a party who was in the habit of selling letters, but in no other way, not to have any conversation with him, no more than he may have come up and asked me the price of any particular railway—I did not know who or what he was—he said, "Have you a banker's receipt for some shares in the British and Irish Union Railway? Mr. Gibbons has sent me for it, to get the scrip"—he did not name the number of shares—I replied, "I am glad of it, for I want the scrip to deliver to be sold"—in order to get the scrip, it must be signed by the original allottee—I believed that he came from Gibbons, as it was a very common occurrence at that time, and I went and got the receipt from Mr. Brown, and handed it to the prisoner—when I gave it to him I said, "Where are you going?"—he said, "To Westminster"—I said, "How long shall you be?"—he said, "About an hour or an hour and half"—he did not come back—I saw no more of him till he was in custody three or four months after—we had been after him for a long time, and I had him put in the "Hue and Cry" as well—I never got the letter, the scrip, or one penny—I have lost about 300l. by it.

Cross-examined by MR. BALLANTINE. Q. What may you call yourself? A. Why, I have never had any cause to call myself anything but a gentleman—I have jobbed in shares—I began to do so about a year and half ago—I was a member of a Stock Exchange, not the London Stock Exchange—I

believe you must be a freeman of London to be admitted a broker—I am not acquainted with the City—I did not serve my apprenticeship in London—I never did anything before I became a share-jobber—I had money—I decline to say how I got it, as I do not see that it has anything to do with this matter—I was in no occupation or employment before I took to share-jobbing—I was not in any one's service—I first took to share-jobbing in Capel-court—it was at Bristol that I was a member of the Stock Exchange—I did not start there—I am a native of Croydon—my father resides at Lincoln—I was learning the corn business at Lincoln, not in any shop—I went to a gentleman to teach me the corn business—I left Lincoln about five years since—my name is Hitchins—I always understood so—I never laboured under the notion that it was Gibbons—I have gone by the name of Gibbons for about twelve month—I was not called Gibbons in the Hall of Commerce—I went there by my own name—I was never called out by the name of Gibbons there—I have been so addressed by parties in the habit of congregating in Capel-court—I did not tell them my name was not Gibbons, but Hitchins—if they had called me Tom Smith, I should have answered them, and for this reason, I knew pretty Well the characters that associated there, and it made no difference to me what they called me—I never called myself the Rev. Joseph Fletcher—this letter of allotment is to the Rev. Joseph Fletcher—I am not aware that Mr. Gibbons is the Rev. Joseph Fletcher—I never knew him by any other name—I never knew him with a broad-brimmed hat and canonicals—it was no business of mine how Gibbons got the shares allotted to the Rev. Joseph Fletcher—I made no inquiries as to who he was—it was no business of mine, or as to whether there ever was such a person—I got this letter from Mr. Gibbons for 20l.—I was to do what I thought proper with it, either to sell it or to get the scrip—I got it from Gibbons about a month before it was obtained from me by the prisoner—it was in the possession of Mr. Ebenezer Brown, who acted for me as broker occasionally—he had 400l. or 500l. of mine—I went to him, and got a check from him to pay the deposit—I had not seen Gibbons, I think, for a fortnight or so—I asked him on that occasion if he knew when the deed would be in town—he said he did not—I said, "Well, I should like this done as soon as the deed comes to town, for I don't wish to hold them"—he said it was coming up from the solicitor at Dumfries—it was to be delivered back to Gibbons for the purpose of getting the scrip—I knew no person in the transaction but Gibbons—the deed must be signed before the scrip is obtained—the name of Joseph Fletcher must be put to the deed if the letter of allotment was in that name.

Q. Either the real Joseph Fletcher must come, or there must be a forged Joseph Fletcher? A. That I know nothing about—I have heard about those things the same as you may have done—I knew Mr. Yeakell by being about the court—I had no dealings with him—I did not supply the funds to defend him when he was tried here for forgery, nor did I employ a solicitor to defend him, or communicate to any solicitor about it—that I swear—I gave the letter to the prisoner for the purpose of Gibbons getting the scrip—I cannot tell whether Gibbons was to sign the deed or who was to do it—if he had done it I should not have asked him whether he had or had not done it—I never thought about whether he would sign it or not—I did not give the prisoner the letter for the purpose of Gibbons signing the deed, that I am aware of—I did not, on my oath, believe that Gibbons would sign the deed—I solemnly swear that—I never thought at all how he was to get the scrip—I have never inquired whether there was such a person as the Rev. Joseph Fletcher—I have had nothing more to do with it than bringing the prisoner to justice—I am not aware that I have ever received any letters directed to

the Rev. Joseph Fletcher—I have not-never in my life—I swear I never received letters from Mr. Brown directed to the Rev. Joseph Fletcher—I recollect having some letters from Mr. Brown, but not for the Rev. Joseph Fletcher—I do not know the Rev. Joseph Fletcbor—the letters I have received from Mr. Brown were always directed to Hitchins—I swear that—I have applied in my own name for letters of allotment, and I have purchased a great numher in other people's names—I have handed them over to the persons from whom I purchased them, for the purpose of signing the deed, they not being the persons to whom they were allotted—I have not been aware when doing so that I have been handing them over for the purpose of a forgery being committed—I have not known that in dozens of instances they have been handed over, and forgeries have been committed—I have not believed it—I have never given it a moment's consideration—I know there have been investigations about this matter, and that it hat been a great deal talked about—if I pay these parties for their letters am I to ask them whether they are going to forge the deed?—I have not got an office where letters are sent in different names—Mr. Brown is not the person who receives all my letters in different names—he is a highly respectable man, and known by many gentlemen in the City—I know that the deeds must be signed for the purpose of getting the letters of allotment.

Q. Don't you know they must be forged? A. That has nothing to do with me—I made no inquiries about that, and did not care about it—I should have received the scrip although the deed was forged—I had paid for it—I think the parties holding shares have been the sufferers—if I purchase a letter I am not compelled to ask a man if he is going to commit a forgery, or how he is to get the scrip—I have heard that there if no such person at the Rev. Joseph Fletcher—I did not know that at the time I handed the letter of allotment to the prisoner—I was not informed to by Gibbons—I have never seen the deed.

MR. DOANE. Q. After you paid the 120l., and so prepared the way for the deed being signed, and getting the scrip, did you sell the scrip at a premium? A. Yes, I have had to make that good; and it has cost me between 40l. and 50l. to prosecute the prisoner—these letters of allotment pass from hand to hand before the money is paid to the bankers—how many hands this had passed into before Fletcher, Gibbons, and myself, I do not know—I have never signed any person's name to any deed without their authority, nor been a party to any such transaction—my going by the name of Gibbons was owing to some family matters—I married against the content of my parents—I do not own any money in that name—it was not done for the purpose of cheating or defrauding anybody.

MR. BALLANTINE. Q. When you were-examined before the Magistrate you forget those family reasons? A. I did not forget them—I did not forget I had ever gone by the name of Gibbons—I remembered it.

MORDAUNT GLOYNES . I am clerk to Smith, Payne, and Smith, the bankers—they are agents for the British Linen Company, and through that company, for the British and Irish Union Railway Company—I received a deposit on some shares of that railway on the 14th of Aug., according to my cash-book—I signed the receipt—it is endorsed, "Received by the provisional committee of the company—120l. to be accounted for on demand"—it was by this check on the Bank of England.

Cross-examined. Q. That would entitle the person to obtain the scrip? A. It entitles them to that which would obtain the scrip I suppose—this is the check—here is my writing on the back of it—it is, "For the Rev. Joseph Fletcher, No. 680."

JAMES GIBBONS . I live in Collet-place, Mile-end. I buy and sell colours, and manufacture them also—I know Mr. Hitchins, and have had various transactions with him—I sold him a letter of allotment for forty shares in the British and Irish Union Railway Company—I took no account of the transaction for it merely passed through my hands—I sold several other shares—I was examined about this before the Lord Mayor—I sold him a similar letter to this—I think I got 12s. 6d. a share—I know I cleared 5l. by it—I did not in Sept. last, or at any time, send the prisoner to Mr. Hitchins for the letter of allotment, and the banker's receipt for forty shares in the British and Irish Union Railway Company, in order to get the scrip—I never sent him at all to Mr. Hitchins to my knowledge—I should not consider I could have done so and forgotten it—I have had several transactions of this kind—I have never engaged the prisoner in them—I can swear I never sent him to Mr. Hitchins for the banker's receipt for forty shares in this railway—I never received this from the prisoner—I may have bought letters of him—I have seen him—I did not actually know his name till it was told me—I never sent him to Mr. Hitchins for any document.

Cross-examined. Q. In point of fact you never wanted to see the letter of allotment again, after you had got rid of it I suppose? A. It made no difference to me whether I saw it again or not—I never gave a thought about seeing it again—I had sold it—I did not expect it would come back to me—I have had several transactions with Mr. Hitchins in the way of business, share transactions—I have done in shares—I am like most—I saw Hitchins after I had parted with the letter of allotment—he asked me if I had sent Thompson for it, and I told him I had not—I had no other conversation with him about it—I knew nothing about the deed at Dumfries—it made no difference to me where it was—I had got my 5l. on the job—I would not have signed the deed as the Rev. Joseph Fletcher—I did not expect to be asked to do so—I never expected to be employed to sign the deed myself—if it had been brought to me I should have given it to the person I bought the letter from—that was not the Rev. Joseph Fletcher—I have not tried to find him—I do not know whether there is such a person—I have been informed that there is no such person, but I do not know of my own knowledge—I was not informed so before I sold this allotment, or I should have had nothing to do with it—I did not believe that there was no such person before I sold the letter—I believed it was a bond fide letter as far as it went—I did not write for shares in that name—I never received any letters directed to the Rev. Joseph Fletcher—I never received any letters from the post-master at Ilford—I never gave directions to the post-master at Ilford to send up any letters to town—I never had any communication of any kind with the post-master at Ilford, never about Fletcher, or to desire any letters to be sent up to me—I have never gone by the name of Carpenter, or received letters in the name of Carpenter—I never had a place at No. 3, Great Alie-street—I never got any letters from there—I never was there in my life to my knowledge—I do not know the place—I do not know No. 5, Fenchurch-street—(looking at a person named Rix)—I do not know that person—I have never seen him before to my recollection—I have received no letters from him—I may have received letters in the way of business from many persons I cannot call to mind—I never received any letters of that description—I have not, to my knowledge, received any letters in Great Alie-street, Whitechapel—I swear I have not received letters of any description from Great Alie-street—I have not been to any house there and received letters, nor in any other street in Whitechapel—there is no place in Whitechapel where letters have been directed and where I have received

them—I have received letters at Assembly-place, Mile-end—none directed to Rev. Joseph Fletcher—I have received business letters there—it was my place of business—I went by my own name there, Gibbons—if this letter had been handed back to me I should have given it to the person from whom I bought it—I had this from a gentleman named Upston, with whom I have had a good many transactions—I should have given it to him to get the shares from the party he bought it of—he would go to the person from whom he bought it, and he would go on till the Rev. Joseph Fletcher was found to sign the deed.

EBENEZER BALL BROWN . This is my check—I handed it to the prosecutor—it has been returned by the bank as paid.

DANIEL JAMES MILLER . I was a clerk to the firm of Dean and Dunlop, of Fludyer-street—I took the management of the British and Irish Union Railway deed—I see by this note that a person must have produced this letter of allotment to me on the 20th of Sept.—I made a memorandum on it—a person signed the name of Fletcher to the deed.

Cross-examined. Q. Did you see the person? A. Yes—it was certainly not the prisoner—quite a different sort of a man—it was a middle sized man looking very sickly—the deed is now at the House of Commons for parliamentary purposes.

HENRY CABLE . I am landlord of the house No. 1, Ann's-place, Clerkenwell. About the middle of Sept. last I let the defendant that house—he told me he was a gentleman who had been living at Croydon—he was to pay 6s. 2d. a-week—he remained there three months and three weeks—he had previously been in furnished lodgings—he left without telling me he was going—he was absent about three weeks—while he was away inspector Penny came to me and made inquiries, and when the defendant returned I asked him what all this noise was about, that my tenants accused him as a thief, and were afraid of living in the place with him—he told me if I would come to a neighbouring public-house he would give me the full explanation of it—we went, and I told him that Penny had been to me, and represented that he had been robbing a person of the name of Hitchins—he said he had obtained a certain piece of paper, he did not describe what the paper was, and that he went to Liverpool with the intention of selling it, as the piece of paper was more valuable at Liverpool than it was in town, but instead of its being of the value he expected, when he got to Liverpool the prices were down in the market, and instead of coming to London again he sent it up to a party of the name of Rees to sell on 'change (and that very Mr. Rees is the person that lived in the house before the prisoner, and robbed me of a quarter's rent)—I said Mr. Hitchins had represented to me it was worth 120l.—he said it was not worth 50l.

Cross-examined. Q. You were not examined before the Magistrate? A. No.

WILLIAM PENNY (police inspector G.) In consequence of information given me by the prosecutor, I made inquiries of Mr. Cable, at Ann's-place, Clerkenwell, in Sept.—I took the prisoner into custody on Sunday, the 4th of Jan., about ten o'clock in the evening, at No. 4, Lower Gloucester-street, Clerkenwell—I told him there was a charge against him for obtaining a banker's receipt for 120l., under false and fraudulent pretences, the property of a gentleman named Hitchins—he was sitting by the fire, in his shirt sleeves—I told him to put on his coat and come with me—he said, "I will; I am very sorry for it; it is a bad job; and I intend to see Mr. Hitchins, or some of my friends, in the course of a fortnight, and come some arrangement

if we can"—as we were going to the station-house, he said it was a bad job; he had only been home twice, and he had no business to come homes—I had been on the look-out for him, and been to Liverpool after him.

Cross-examined. Q. You were at the Mansion-house? A. Yes, but was not examined—the prisoner never told me that he had received the receipt from Hitchins, nor that he had given him one—he said he should be able to satisfy the Magistrate wherever we went.

(The letter of allotment was directed to the Rev. Joseph Fletcher, Priory, Ilford.)

Witnesses for the Defence.

JOHN GATTIE . I am letter-receiver at Ilford. There is no Rev. Joseph Fletcher, in the neighbourhood of Ilford, and I do not think there is a place called the Priory.

ANN DYNES . I wait at a coffee-house, No. 95, Fenchurch-street. I know the prosecutor by the name of Mr. Carpenter—he always went by that name, and received letters in that name.

MR. DOANE. Q. Are you a waitress at this coffee-room now? A. No, I have left—I was there nine months—I had been there about three months when Mr. Carpenter first received letters there—I am now in a nurse-maid's place, in the service of Mr. Murrell, a tinman and brazier, in Pollard-street, Pollard's-row—I have been there a fortnight—I only know the prosecutor by seeing him at No. 95, Fenchurch-street, and giving him letters—they were always directed to the care of Mr. Carpenter, but there were other names on them as well, and most of them were re-directed—he used to come and ask if there were any letters addressed to Mr. Carpenter—I never saw him open them—he put them into his pocket—I do not remember that I ever addressed him by name as Mr. Carpenter, but they always said he was Mr. Carpenter.

CECIL RIX . I live at No. 3, Great Alie-street. I know the witness, Mr. Gibbons, by his calling at my house—he came there in the name of Carpenter—I suppose he was in the habit of receiving letters at my place for four or five months—I am sure he is the person.

MR. DOANE. Q. He did not live there? A. No—he used to come there occasionally and read the paper, and one thing or other—perhaps he had been dealing at my place two or three months before he asked us to take in letters for him—I knew him by no other name than Carpenter—he did not ask me to take in letters addressed to Carpenter—he asked my wife—I did not hear him; but afterwards he called for letters in that name—I am a newspaper agent and auctioneer—I have lived there seventeen years.

MR. BALLANTINE. Q. How often did he come to No. 3, Great Alie-street for letters? A. I should say four times a week—I have delivered letters to him there, and so has my wife and daughter also—if he has sworn he never received any letters from me in Great Alie-street, it is decidedly not true.

GUILTY . Aged 46.— Confined Twelve Months.


Before Edward Bullock, Esq.

23rd February 1846
Reference Numbert18460223-768
VerdictGuilty > pleaded guilty

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768. WILLIAM CURTIS was indicted for stealing 1 shovel, value 2s., the goods of William Howell; to which he pleaded

GUILTY . Aged 15.— Confined Seven Days.

Before Mr. Recorder.

23rd February 1846
Reference Numbert18460223-769
VerdictGuilty > unknown; Guilty > unknown

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769. WILLIAM AUSTIN and ROBERT HUNTER were indicted for stealing 142lbs. weight of lead, value 1l. 3s., the goods of Pole Tylney Long Wellesley.Earl of Mornington, being fixed to a certain building.—2nd COUNTS, not stating it to be fixed.—Two other COUNTS, stating it to be the property of the Rev. John Greenley, clerk, and another.—Two other COUNTS, stating it to be the property of John Clifford Petrie.

WILLIAM WHISKER . I am servant to Mr. Palmer, at Barking. I was walking round the fields, about seven o'clock in the evening, on the 10th of Feb.—I heard a noise in the top of the building called the Castle, as if some persons were taking tiles off the roof—I got assistance, and as soon as we got back to the fence, we saw a man coming out of the Castle door with a lump of lead—I had a dog with me—the man ran away—I met the two prisoners coming out of the Castle—I had a gun in my hand—they rushed back, and I closed the door upon them—I got the police, and we secured them on the spot—the lead had been taken off the roof of the Castle—a man was coming out with part of the lead, and the rest was left on the roof—the building belongs to the Earl of Mornington.

Cross-examined by MR. HORRY. Q. Neither of the prisoners had any lead? A. No—a man came out with some, threw it down, and got away—he called "Bob" or "Tom" as he passed the door before me.

AARON LOCKWOOD . I went with Whisker to the Castle—it it in the parish of Barking, in Essex—a man came out of the door with a piece of lead on his shoulder, he dropped it, and ran away—we then went to the door, and saw the two prisoners in the act of coming out—I assisted in closing the door till the policeman came, and they were taken into custody—I went on the roof, and found a sack with some lead in it, and a piece of lead lying by—it had been ripped from the roof of the building.

Cross-examined. Q. You knew the prisoners? A. I knew them by sight—they worked about the neigbourhood.

EDWARD BILTON (police-constable K 365.) In consequence of information, I went to Cranbrook Castle, as it is called, on the 10th of Feb.—I found Whisker and Lockwood there—I found the Castle door fastened inside—the prisoners called from inside, and told me to open the door—I said I could not—they opened it, and as soon as I recognized them, Hunter said, "We had better do this than starve"—they said they would give themselves up—I left them in charge of another officer, and I went up stairs—I saw a quantity of lead in a sack, and some on the stairs—142lbs. weight of lead had been severed—I compared it with the gutters and the roof—it appeared to fit—I made such observation on it as to say it had been severed from that roof, and it corresponded in width and length—I found this knife on Hunter—he is a sweep, and Austin is a farming labourer—this knife appears to have been used against lead—this castle has been used as a dwelling-house, but it is empty now.

Cross-examined. Q. Could anybody have got to it? A. Not without the door being opened—the prisoners never came out till I went on the top of the roof—I am quite certain those were the words that were used to me.

JOHN CLIFFORD PETRIE . This property belongs to Lord Mornington—the Rev. John Greenley is one of the trustees, and there is one other—it is under my management—I had the control of the property on behalf of Lord Mornington—he is an Irish peer.

(The prisoners received good characters.)



Confined Six Months.

Fifth Jury, before Mr. Baron Parke.

23rd February 1846
Reference Numbert18460223-770
VerdictGuilty > unknown

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770. WILLIAM WENHAM was indicted for feloniously and knowingly uttering, on the 31st of Jan., a certain forged receipt for the payment of 2l. 13s. 7 1/2 d., with intent to defraud James Lowden.—Other COUNTS, stating his intent to be to defraud the overseers of the poor of the parish of West Ham.

MESSRS. BALLANTINE and WILDE conducted the Prosecution.

WILLIAM GEE . I am a butcher, and live at Stratford. I was overseer of the parish of West Ham in 1842 and 1843—I produce the rate-book for those years.

Cross-examined by MR. PRENDERGAST. Q. How many overseers were there? A. Three—I was one—Mr. Mason was another—there are different districts in our parish, and three overseers and three churchwardens—here is the allowance of the Magistrates to this rate-book—I do not know whether these are the names of the persons who made the rate—I do not know anything about it—the persons who have signed this book are respectable gentlemen—they state themselves to be churchwardens and overseers—I do not know whether Jones was overseer that year or not—he did not act with me—Mason and Adams were overseers with me—here are the names of Jones, Rate, Palmer, College, then my name—Mason and Adams are not here—I took office at Easter, 1843, not at Christmas—this declaration added to this assessment for the relief of the poor was signed by me in the year 1843—this is the book the rate is collected by—I did not collect the rate—I saw the book at the vestry-room, not at my house.

MR. BALLANTINE. Q. Did you commence being overseer in 1842 or 1843? A. In 1842, I think—I signed this book on the 4th of Feb., 1843—I produced this book to Mr. Pelling and Mr. Davis, the Magistrates, for their signature on that day—that was at the end of my term of office—I had been in a year—this book commences with an assessment signed by me, by Mason, and Adams, and at the end it is signed by Robinson, Curtis, Mason, Gee, and Adams—I am not aware whether Robinson was churchwarden—Curtis was—I recollect putting my name to this book at the vestry—it appears by this book that the prisoner was rated for twenty houses in Francis-street, to the amount of 2l. 13s. 7 1/2 d.—here is a column in which the entry of payment is made—an entry appears in that column attached to his name—I have nothing to do with the collecting of the rate—if the rate had been paid a receipt would have been given to the person—this word "Paid" is not my writing—it is impossible for me to say whose it is.

FRANCIS SHIPSTON . I was one of the churchwardens of West Ham from the 8th May, 1844 to the 12th of May, 1845—I produce the rate-book, containing the rate for Oct., 1844—it is allowed by the Magistrates—it is signed by Chicker and Shipston, as churchwardens, and by two of the overseers—this rate was made on the 10th of Oct., 1844.

JAMES LOWDEN . I am the rate collector. The prisoner is here rated for twenty houses, 2l. 17s. 6 3/4 d.—it is added in pencil to former rates, and the whole amount is put together—Mrs. Ward, of Maryland-point, is here assessed at 9d. in the pound on 18l., which is 13s. 6d. on the rate of the 10th of Oct., 1844.

MR. PRENDERGAST to FRANCIS SHIPSTON. Q. Is there any statement of the making of the rate in the vestry? A. I cannot tell—the officer can tell—Mr. Stevens, who was the collector, was a very respectable man, but he was grown in years—I am not aware that he was very irregular—we were not obliged to appoint some one to assist him—I am not aware that he

was unable to do his duty—I never complained of him—I always found him very correct in all my transactions, and my rate was pretty heavy—his son might assist him—I cannot say whether his wife did—when he gave up his office, another collector was appointed—he gave up his office at the board of guardians—it is impossible that he could discharge his duties up to the latest moment with the same vigour and the same force as at first—I might have heard that he was irregular—I never found him so—this rate was made in vestry—it was erased, and then the book was signed—I signed it at the time the rate was made.

JAKE STEVENS (affirmed.) I am the widow of John Stevens—he was formerly collector of West Ham parish—he resigned in June, 1845—he had been collector for many years—I used to assist him in almost every department—I remember a rate being made on the 10th of Oct., 1844—this receipt-book is the writing of my youngest daughter—this is the collecting-book for the rates of the 10th of Oct., 1844—it consists of receipts and counterparts, and the receipts and counterparts agree—here is a receipt and counterpart for the prisoner in this book—they are both here—I cannot tell whether a receipt could be given to the prisoner, and this receipt remain here—he might have another receipt, but it was not given in the course of business—the receipt which would be given regularly is in the book still—the amount is 2l. 17s. 6d.

Q. Look at this part of a receipt (handing her one)? A. This is my poor husband's writing, I can affirm—here is in the book a counterpart without a receipt, but this receipt has been torn—I saw this receipt when it was whole—Lowden, the collector, brought it to me—I do not know when, but it was the day the vestry saw it—I think about a month to-day—I examined it and compared it then—I did not try if it fitted the counterpart—I did not think of such a thing—there is no date here on the counterpart when it was received—it agrees in amount, and is in Wenham's name—it is the receipt of Feb., 1843—it agrees in the name, the date of the rate, and the sum, which is 2l. 13s. 7d.—the fractional parts of a penny we do not put in the counterpart generally—I know the rates subsequent to this have not been paid by the prisoner.

Q. Now look at this part of a receipt for Oct., 1844, does sufficient remain of this to enable you to refer to the counterpart? A. Yes—the writing of this receipt is mine—I am sure it was never issued by me for any rate paid by Wenham—this is the counterpart of it—it is for 13s. 6d., in the name of Mrs. Ward—the signature to this receipt is mine—my husband was very ill at the time. (This was the receipt charged to be forged.)

COURT. Q. Did you see this receipt and compare it with the counterpart when it was entire? A. I did not examine it with the counterpart, but there is a counterpart for 13s. 6d., and no receipt to it in the book.

MR. WILDE. Q. Is this paper a representation of the receipt while it was entire? A. Yes—I saw it while it was whole—supposing the number had been torn off the receipt, that would not have prevented my finding out who it was paid for, because I could refer to the name.

Cross-examined. Q. Have you seen receipts of your husband's where there has not been a number? A. I cannot tell—he did not show them to me—it is impossible to say whether he might or might not have put numbers to the receipts—my family consisted of myself, my son, who acted occasionally when he was at home, and sometimes my daughter—all occasionally assited my husband in doing his writing—my son is here—my daughter cannot come, her brain is affected, and she has been in an asylum—my husband gave up his collecting at Midsummer—he was getting a little into bad health—he was subject to attacks during the last year or two—in this fragment

of a receipt (looking at one) the sums have not been altered—here is a scratch on it—I will not speak as to this word April—it does not look to me like my husband's writing—the receipt is his writing—as to the "April," I will not say.

Q. Look at this fragment? A. This figure 7 is not mine, nor this halfpenny, but the other is—I filled up the receipt so as to correspond with the counterpart—this 7 is not mine nor the halfpenny—I made a 6 where the halfpenny is—I am sure the 7 is not my husband's writing—I filled up the receipt—this other receipt (looking at one) is my husband's writing, and I have no doubt this is his 7 on this—this is not very much like the 7 on the fragment—it is not turned at the bottom—these 7's in these other receipts I have no doubt are my husband's, but this on the fragment is not his 7.

MR. BALLANTINE. Q. You have had your attention called to some papers, now look at the alleged forged receipt, having had your attention called to other documents, do you believe this 7 on the fragment to be your husband's handwriting? A. It is not—this 6 that is here was my writing—here is 2l. here that is not my writing, nor my husband's, nor my son's or daughter's.

JAMES LOWDEN . I was appointed collector of the poor-rates for the parish of West Ham, in June, 1845—I received the rate-books and collecting books—I examined them to see what rates had to be collected—it appeared by the rate-book that there was 48l. 3s. 7 1/2 d. due from the prisoner, on account of property in the parish—it embraced arrears from June 1845 to July 1845, on part of his property, but not all—he is rated as a collector as well as owner of some houses—when I found that out I applied to him for the balance—I think it was in July—I told him the amount which he seemed to owe to the parish for rates was the amount which I then demanded, 48l. 3s. 7 1/2 d.—I asked him in the first place something more than that, but he came and we looked over the books—there was one house which he disputed, and I declined that, and then the amount was this 48l. 3s. 7 1/2 d.—he said he considered he had paid a part of that, and he should not pay the whole unless he was ordered by the Magistrate—that was all he said on the first occasion—he did not pay me any part of it—I saw him again several times about it—he offered to pay part of it, and he came to the vestry—he told me once that he would pay 15l., or something about that amount—he did not, on any of those occasions, produce any receipt before he had been before the Magistrate—when he said he did not owe this amount, I said if he would produce any receipts to lessen it, I should deduct that for which he could produce any receipt—I summoned him, and he appeared before the Magistrate on a summons, on the 6th of Dec.—he did not, on that occasion, produce any receipts—the Megistrates deducted part, and left the amount for him to pay, 26l. 6s. 3d., which was on the houses in Francis-street and some houses in New-street—the amount he was to pay for the houses in Francis-street was 15l. 13s.—I did not succeed in getting the amount which the Magistrates ordered him to Pay—in consequence of that he appeared again before the Magistrates—before the second occasion he produced to me a document—this is a portion of it—(the forged receipt)—he gave it into my hand and said that was a receipt for the property in Francis-street, for the rate made in Oct., 1844—on looking as it I said the amount in the receipt did not correspond with the amount of rate on that property for Oct, 1844—I read the receipt, and the number was torn off, or the place where the number usually is—I noticed that and named it to him.

COURT. Q. Can you recollect what it was for? A. For 2l.13s. 7 1/2 d., for a rate made on the 10th Oct., 1844—it was partly printed and partly written—it was printed in the same way as the forms are in the book.

MR. BALLANTINE. Q. Did he, on the 31st of Jan., 1846, appear before the Magistrates? A. Yes—he then produced the same receipt—he produced another receipt also—this is a portion of it—both these receipts were handed to the Magistrates—they handed them to the prisoner and desired he should give them to me, and I was ordered to give him a note stating that I had them in my possession—the prisoner handed them to me—the Magistrates' clerk put his initials on the back of them, and they are on them both—the prisoner was ordered to attend on the following bench day—I saw him in the interval—he said he should rather attend at the vestry and settle it than go again to the bench—he attended on the 6th of Feb., 1846, at the vestry-room at the meeting of the officers—Mr. Morris, Mr. Crockford, and Mr. Stannard were present—they are the overseers, and are all parishioners—I had at that time the two receipts in my possession, and I produced them—the overseers looked at them and handed them to each other—they said they had been before the Magistrate, and two of them said they considered one receipt had been altered, and they would do nothing in the case, they should be returned to the Magistrate to be decided—(I had previously to that time shown them to Mrs. Stevens)—Mr. Morris had the receipts in his hand at the time that was said, and on his saying that, the prisoner said, "Give me the receipts," at the same time putting out his hand and snatching part of the receipts, the other parts remaining in Mr. Morris's hands—a constable was sent for, and the prisoner was given into custody—I searched the room afterwards, but was not able to find any of the remaining portion of the receipts.

Cross-examined. Q. Show me the counterpart of this? A. This is, I consider, the counterpart of the one for 2l. 13s. 7d.—it is usual to put halfpence on the counterpart as well as anything else—pence are not struck out, nor halfpence, nor farthings—this rate was made on the 2nd of Feb., 1843—I do not know that this would clear all to that period—it would show that that rate was paid—it is not usual to take a subsequent rate before a former one—I cannot tell what was due on that same property, from Feb., 1843, down to Oct., 1844—I cannot tell when the next rate was made—there are generally four in a year—I cannot tell how many were due from Feb., 1843, having only the arrears from June, 1843—I have not the other books to refer to—this one rate came to 2l. 13s. 7 1/2 d.—I do not know how much more there was due—this was made on the 2nd of Feb.—the rates are not made regularly once a quarter, but when the money is wanted—I think it likely there would be a rate between Feb. and June, but I cannot say—the arrears I have to collect, only go back to June, 1843—the prisoner had not the receipts the first time we went before the Magistrate, but he had both the receipts the second time—I did not take possession of them before the Magistrates—we went down stairs, the prisoner being in possession of the receipts—at that time one of them was questioned—it was stated before the Magistrates not to be genuine—only one of them was questioned—having been before the Magistrates, the prisoner left the room with the receipts—I cannot tell whether he had them in his hand, but he gave them to me down stairs—he wrote a note, which was an acknowledgment that I had the receipts, and I signed it—he then brought out the receipts, and gave them to me—afterwards when we went before the parish-officers at the vestry-room, Mr. Morris looked at the receipts, and said one Was not genuine—the prisoner said it was genuine—he was not enraged at first—he seemed a little warm when he snatched them out of the overseer's hand—the overseer was not warm when he said they should be given back—the prisoner said they were his, and he should have them—the overseer had those parts which I now have, in his hand—I can say positively that the prisoner

took possession of the pieces which were torn off—I saw him snatch and take them—I saw them in his hand—I saw him put them in some part of his clothes—his clothes were searched, but not immediately—he turned out his pockets in that room, but he was not searched in the room—he invited a search—I went out of the room.

COURT. Q. Did the prisoner go out of the room? A. Not till he was taken by the policeman—the overseers were in the room when I went out to speak to the constable.

MR. PRENDERGAST. Q. Did you know Mr. Stevens? A. Yes—he was a very respectable person, but latterly, I should say he was not quite so efficient a collector as he had been—there have been some little irregularities found out in his books, but not many—I do not know that they were complained of generally, but there have been complaints made in some instances—it was owing to ill health that he resigned—he was very unwell.

MR. BALLANTINE. Q. You have said there were irregularities and complaints made, what was the nature of those complaints? A. In one or two cases where I have applied for the arrears given me, they have said the amount was not correct—that may have occurred in eight or ten cases altogether—in five or six of those instances, the parties produced their receipts, and I deducted that amount—I found they had not been entered in the rate-book, and that being so, I attempted to collect them again—I did not look into the check-books, only into the rate-books, but in some cases the receipts were produced—on the 31st of Jan. the prisoner and I left the Bench-room, and came down to a lower room, and he handed me these two receipts—there were other persons in the room—on the other occasion, after he snatched the portion of the receipts away, he put them in some part of his dress—I cannot say whether in his waistcoat or trowser's pocket—I saw his hand, which held those parts, go in that direction—I left the room—I searched carefully the part of the room where he had been standing, and every other part where we had any idea they could be, and we were unable to find them—after he had snatched them, we asked him to deliver them up, and he said he should not—he did not deny that he had them for a considerable time, but after a time he said he had them not, and it was then he turned out his pockets—I did not notice his hands during all that time.

COURT. Q. Did he produce before the Magistrate the two receipts, both the genuine one and the other? A. Yes, both—I said the one for Oct., 1844, was not the proper amount, and he produced the genuine receipt, to show that it was.

SEPTIMUS MORRIS . I am a stationer, and live at Stratford. I am one of the overseers for the parish of West Ham—Mr. Crockford and Mr. Stannard are acting with me—on the 6th of Feb. we had our usual fortnight meeting in the vestry room—Mr. Lowden, in company with the prisoner, was present—Mr. Lowden produced two receipts in presence of the prisoner, and placed them in my hand—I examined them very carefully—they were both purporting to be for 2l. 13s. 7 1/2 d.—I examined the one for Oct., 1844—I said, "I believe from various circumstances, that this is not a genuine receipt; we will not relieve the prisoner, but it must go back to the Magistrate"—I gave the receipt to one of my colleagues, I believe into the hand of Mr. Stannard—he examined it, and gave his opinion the same as mine—I had it back again, and was holding it in my hand while I was making an observation, and was about giving it back to Mr. Lowden—the prisoner came up, reached across Mr. Lowden, and said, "Let me see it"—he took it with his right hand, and tore it, I keeping part of it in my hand, and he took the other part—this paper, which is in my handwriting, is very nearly a copy of it.

COURT. Q. You put this down as a correct representation of the instrument? A. Yes—I did it, it perhaps might have been a day or two afterwards—the fine "W" was originally in Mrs. Steven's handwriting—I am very familiar with her handwriting—there was "W-a," and the turn of the small "d" very visible"—I thought I could trace the name of "Ward"—the finish of the name was written in a much heavier hand, and in blacker ink—the figure of "7" also looked in blacker ink, and the figures of the "1/2" appeared to me to have been originally a "6"—I thought the figure of "2," also appeared blacker—the "13s." was in Mrs. Stevens's writing—I have no idea in whose handwriting the "2" was—I believe it was not Mrs. Stevens's nor Mr. Stevens's—I knew his writing pretty well, but not so well as Mrs. Stevens's—I do not know her daughter's, nor her son's writing—these are the remains of the two receipts that were left in my hands—this is the one I disputed, and this is the genuine one—when the prisoner had torn them I stepped down out of the chair and went to him—I said, "I insist on having those back again"—he said, "I shall not give them, they are my property"—I opened the vestry door, and requested the sexton to send for a policeman—after some little time the prisoner said he had not got them, and said he would pay the amount of money he had been summoned for the next Thursday—Forrester then came in—I saw the search made for the parts of receipts—the persons who were looking for them used every exertion to find them—they were not found—the whole amount due was 43l. 3s. 7 1/2 d., but the Magistrate allowed a deduction of 19l. 4s. 10d., because he had been allowed to go on so long—that was for certain rates up to June, 1843, but that I am not so well acquainted with—Thomas Nunn, William Palmer, and James Webb, are churchwardens for the present year, and myself Arthur Crockford and James Stannard are overseers—this is the rate-book for July, 1845, there are the signatures of Thomas Nunn and the three overseers.

Cross-examined. Q. These persons are the overseers for 1845-6? A. Yes—the overseers for 1844-5 were Henry Champion, John Wheatley Diggins, and Thomas Gear—Francis Shipston, John Tucker, and William Gascoyne Chicker were the churchwardens—they were all rate-payers—I have not had any discussion with the prisoner in the vestry—I knew him very well, but I scarcely spoke to him—we were never on bad terms—he had applied to me latterly to do all I could to get him off the rates—I do not remember to have seen him at any vestry except this—he is not in the habit of coming to vegtry—he might have been there when I was elected overseer—I could not say, in 150 persons, who were there—I told him I was not satisfied with this receipt, believing it was not genuine—I said, from various circumstances I was not satisfied—I was a little vexed when he took the receipts out of my hand—I said I had no doubt that that receipt was a forgery—"not genuine," I believe, was the word I used—he was warm at that, or he pretended to be so.

THOMAS FORRESTER (police-constable K 229.) On the 6th of Feb, the prisoner was given into my charge—I assisted in searching for some pieces of paper—the prisoner turned his pockets out, and said he had not got them—I made every exertion I could to find them—I turned the carpet up, and looked in the prisoner's hat, but I could not find any pieces of paper.

Cross-examined. Q. You searched him in the room, and searched him again? A. Yes, at the sergeant's house—there was no observation made about his having them about his dress—I did not feel his neckcloth in the room, but I did at the station—I searched everywhere but inside his shirt—he said at the vestry that he was quite willing to be searched.

EDWIN HENRY STEVENS (affirmed.) I am the son of John Stevens, who was formerly collector of the parish of West Ham—he died on the 3rd of Dec, 1845—he resigned in June, 1845—I remember James Lowden bringing a receipt to my mother's house—this is part of the document brought and shown to my mother—no part of the writing on this one is mine—I know my sister's writing—I believe no part of it is hers.

COURT. Q. Is the "2" your sister's writing? A. It is not—nor is it my father's writing.

Cross-examined. Q. Do you not make a 7 sometimes like this? (handing him a receipt.) A. No—I believe this "e y" on this counterpart is my mother's writing—the writing on this receipt has formerly been my sister's but it is scratched over—the name of "Renford" I believe to be my sister's writing, but it is erased merely by crosses—in this other receipt the number is my father's writing—the word "West Ham" is his writing—the "W" and "m" in "Wenham," I think are his writing—the word "one" preceding "pound" I believe is his, and also the "one" preceding shilling—the signature is his—I cannot speak positively to that which conies before "pence"—this other I believe to be my father's writing—I could not speak positively to the alterations which appear in it—it is an account of rates—the sum in it is altered—I could not speak positively as to whose writing this alteration is.

Q. Is it not necessary frequently to make alterations in a receipt after it has been filled up? A. I should write another receipt myself—I can only speak for myself—I have collected rates.

THOMAS MARTIN . I am a labourer and live at Stratford—I know Mrs. Ward—I do not know where she lives now—I knew her when she lived at Maryland-point, and I used to be in the habit of assisting her in her house, which was in the parish of West Ham—I know the prisoner—I have seen him at Mr. Ward's house—he used to let himself in and out with a key, whenever he pleased—I have seen him with a key.

Cross-examined. Q. You used to let yourself in and out did not you? A. No, I used to ring the bell, and the servant used to let me in—I do not know that the prisoner did not ring, and the servant open the door to him—I have seen him have a key, but not open the door with it—he had a key of the garden or forecourt—I never saw him with the key of the house—I have seen him in the house when Mrs. Ward was there—they appeared as if they were friends, and knew one another.

COURT. Q. Have you seen him there often? A. Not very often—I know he had the key of the gate, because we had another like it—I saw them both hang in the kitchen together at one time—I cannot say when I saw him have one of them in his possession, but I saw him have it in his hand, and after that I saw it hang with the other key in the kitchen—I cannot say how long it was away from there.

RACHAEL POTTER . My husband is a butcher—I know Mrs. Ward, she used to live at Maryland-point, Stratford—I have seen the prisoner at her house—I am aware of their being intimate together, and in the habit of visiting one another—he has been at Mrs. Ward's when I have been there—they appeared very intimate when I have been there.

MR. WILDE to SEPTIMUS MORRIS. Q. Is this paper as near as you can recollect a fac simile of the receipt that was torn? A. Yes, I think it is—as like to it as can possibly be—the "enham" was written much darker than the "W."

COURT. Q. Have you ever heard the prisoner make any representation with respect to Mrs. Ward? A. On coming out of the Magistrate's Lowden

asked him Mrs. Ward's name, and the reply he made was "Find it out"—in a second or two afterwards he said, "If you had asked me Mrs. Wenham's name I would have told you"—I believe the prisoner is a widower.

(The prisoner received a good character.)

GUILTY .— Confined Two Years.


Before Mr. Common Sergeant.

23rd February 1846
Reference Numbert18460223-771
VerdictGuilty > with recommendation
SentenceImprisonment; Corporal > whipping

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771. JAMES HARPIN was indicted for stealing 1 sovereign, 1 half-sovereign, and 25 shillings, the monies of John Bragg.

JOHN BRAGG . I am a wheeler and live in Marsh-lane, Greenwich—the prisoner is my landlord's son, and he slept with me on the 9th or 10th of Feb.—I had a sovereign and 1l. 15s. 6d. in my box—the prisoner could see me put it in—I came home and missed the money all but 10s. 6d.—his mother had found it out before I came home—she said my box was broken open and he had got the money—she had taken 5s. 6d. from him—I asked him what he had done with my money, and how he came to go to my box—he made no answer—I said, "Where is the rest of the money"—he said, "I have spent it"—I got a policeman, and he told him he took part of it on the Tuesday, on Wednesday, and on Saturday morning—he gave the policeman some money out of his handkerchief round his neck.

SMART KNAPP (police-constable R 213.) I took the prisoner—I found 11s. 8 1/2 d. in his neck-handkerchief—he said he had spent the rest with some more boys.

GUILTY . Aged 12.—Recommended to Mercy by the Prosecutor and Jury.— Confined Three Days and Whipped.

23rd February 1846
Reference Numbert18460223-772
VerdictGuilty > pleaded guilty

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772. WILLIAM FRANCIS was indicted for stealing 1 shirt, value 2s.; 2 handkerchiefs, 4s.; 1 waistcoat, 4s.; and 1 shawl, 10s.; the goods of Hayes Marriott, his master; to which he pleaded

GUILTY . Aged 32.— Confined Six Months.

23rd February 1846
Reference Numbert18460223-773
VerdictGuilty > pleaded guilty

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773. WILLIAM PASSMORE was indicted for stealing 1 ring, value 1l.; 1 pair of trowsers, 1l. 18s.; 1 seal, 4s.; and 1 scarf, 1s. 6d.; the goods of Henry Bates Leonard; to which he pleaded

GUILTY . Aged 35.— Confined Six Months.

Before Edward Bullock, Esq.

23rd February 1846
Reference Numbert18460223-774
VerdictGuilty > unknown

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774. RICHARD LAMB was indicted for unlawfully uttering counterfeit coin.

MESSRS. ESPINASSE and DOANE conducted the Prosecution.

THOMAS BROOK . I am a grocer, and live on Blackheath-hill. On Wednesday, the 11th of Feb., the prisoner came to my shop, about seven o'clock in the evening, for half an ounce of tobacco, which came to 1 1/2 d.—he tendered me a half-crown—I examined it, and saw it was bad—I asked where he got it—he said he had just taken it in change at the George public-house—(there is a house of that name, but it had been closed a fortnight)—I said, "Did you take it at the George?"—he said, "Yes"—I looked out to see if I could see a policeman, and I kept the prisoner looking at the half-crown—I could not see a policeman, and I went round the counter—the prisoner, seeing that, threw the tobacco down, and ran away—I still kept the half-crown—I

put it into my waistcoat pocket, where I had no other coin—I gave it to Buck master a little after ten o'clock the same night.

Cross-examined by MR. PAYNE. Q. Did you know the prisoner? A. No—I knew his mother as a charwoman at the George before it was closed—I cannot say to a day how long it had been closed—he was in my house about two minutes—I have no doubt he is the man.

JOSEPH BUCKMASTER (police-constable R 184.) I went to the prosecutor's on the evening of the 11th of Feb., and received from him a half-crown, which I produce—I also produce another half-crown, which I received from Mr. Purkiss, at the Druid's Arms.

Cross-examined. Q. Who made this mark on this half-crown that you got from Mr. Brooks? A. He made a part of it, and I part—Mr. Purkiss made part of this mark on this one, and I made some more.

ELIZABETH PURKISS . I am the wife of George Purkiss—he keeps the Druid's Arms, at Greenwich. On the night of the 11th of Feb., the prisoner came, and I served him with half a quartern of gin—it came to 2d., and he gave me a half-crown—I took it off the counter—I thought it was bad, and took it to my husband in the parlour.

Cross-examined. Q. Had you given the prisoner the change? A. No—I had never seen him before—I am sure he is the man.

GEORGE PURKISS . I received the half-crown from my wife—I took it to the prisoner, who was standing in front of the bar—I said, "This is a bad one"—he said, "Is it?"—I said, "Yes, and you know it"—he said, "If you will allow me to go to the door, I have a friend outside will pay the 2d."—I let him go—he called "Bill!" about half-a-dozen times—he was answered, but Bill did not come—I put the half-crown into my waistcoat pocket, and gave it to Buckmaster.

Cross-examined. Q. Whom did you give the prisoner to? A. An officer opposite came, and detained him till Buckmaster came.

JAMES MARSHALL (police-constable R 338.) I was with Buckmaster—I took the prisoner at Mr. Purkiss's house—I asked if he had been up Blackheath-hill—he said he had not—I asked if he had been to Mr. Brooks—he said he had not.

MR. JOHN FIELD . I am inspector of coin to the Hoyal Mint. These half-crowns are both counterfeit, both cast in the same mould, and have been prepared with electro-plating.

(The prisoner received a good character.)

GUILTY . Aged 18.— Confined Six Months.

Before Mr. Recorder.

23rd February 1846
Reference Numbert18460223-775
VerdictGuilty > unknown

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775. CHARLOTTE CLARKE was indicted for stealing 3 half-crowns, the monies of David Williams, from his person.

DAVID WILLIAMS . I am a labourer, and live at Woolwich. On the 14th of Feb. I was standing by Woolwich church-yard, about half-past twelve o'clock at night—the prisoner ran against me, put her hand into my left waistcoat pocket, and took three half-crowns out—she went off—I followed and gave her into custody—I had seen her go into a pork-shop before I succeeded in giving her into custody.

Prisoner. He asked me where I was going to. Witness. No, I did not speak to her till after we got into the town—I was afraid I should lose her, and I said, "You had better come along with me, I want to speak to you"—she refused—while we were speaking, two men came up, but before that she had had two females with her—the men were saucy to me—I had called the police—I suppose the men were going to thrash me.

JOHN WALKER (police-constable R 298.) I heard a call of "Police!" and found the prosecutor and prisoner together—the prosecutor said he had been robbed of three half-crowns—she said she knew nothing about them, she had not taken them—a few moments elapsed, and I said, "You have got them, I am sure"—she said, "Come on one side," and gave me two half-crowns, on her person was found two shillings and some halfpence, some pudding and pork—I went to the shop where she had been; but, there being so many customers in the shop, they could not tell who they had taken the half-crown of—the prosecutor was quite sober.

Prisoners Defence. I had two half-crowns in my pocket for an hour before; the prosecutor gave me 6d. worth of halfpence, and said, "I want you to come into the churchyard"—I said, "Then, come after me"—the officer came—I said, "I have got two half-crowns," and I pulled them out of my pocket and gave them to him.

GUILTY . Aged 31.— Confined Three Months.

23rd February 1846
Reference Numbert18460223-776
VerdictGuilty > unknown

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776. THOMAS ELLIS was indicted for stealing 3 handkerchiefs, value 12s.; 1 purse, 4d.; 1 sovereign, 2 half-sovereigns, 8 half-crowns, and 6 shillings; the property of Susan Whittaker.

SUSAN WHITTAKER . I am a widow, and live in John-street, Woolwich. The prisoner is my nephew, and lived with me—he has been out of employ—on the night of the 22nd of Feb. I went to church, leaving him at home—on the Monday I went to my drawer, and missed a purse, a sovereign, two half-sovereigns, and some silver—the prisoner was out—I found he was in the barrack-room—I missed some handkerchiefs from a box in my house, and they were found in the prisoner's pocket, in my presence—he had not made away with any of them—he had only spent a few shillings of the money, the rest was in his purse—he gave it up to the policeman, and said he was very sorry, but he meant to pay me again—he had behaved very well up to this time—there never was a flaw in his character—I think he wanted to go home to his friends, and it was not with a design to rob me, but to send it back.

GEORGE SUTTON (police-constable R 49.) I took the prisoner—I found in his waistcoat pocket a half-crown and some halfpence, and in another pocket the purse, a sovereign, a half-sovereign, and ten half-crowns—he said he took it for the purpose of going to see his friends, and to take out some clothes—he seemed much distressed—these two handkerchiefs I found in his pocket.

JOHN PEARCE . I am a bombardier. I was in company with the prisoner on the Sunday night—he was intoxicated, and I took care of his money till the next morning—he gave me one of the handkerchiefs.

GUILTY . Aged 20.— Confined One Month.

23rd February 1846
Reference Numbert18460223-777
VerdictsGuilty > unknown

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777. JAMES FITZGERALD was indicted for stealing 1 pair of stockings, value 1s. 6d.; 1 pipe, 4d.; 2 half-crowns, 4 shillings, and 1 sixpence, of James Suggett : and 1 handkerchief, 2s., and 5 pence of William Jones.

JAMES SUGGETT . On Saturday night, the 14th of Feb., I was lodging at the White Lion, at Woolwich—when I went to bed I had a pair of stockings, two half-crowns, and 4s. 6d. in my jacket pocket—the prisoner was there also—he left on the Sunday morning—when he was gone I missed my stockings, money, and a pipe—I and Jones followed the prisoner, and he was taken on board the Phœnix—my stockings were taken off his feet, and two half-crowns, two shillings, a sixpence, and the pipe from his pocket.

Prisoner. I was in a hurry to get on board and I took the stockings and

handkerchief; my stockings and handkerchief were gone; I found 7s. 6d. on the floor.

WILLIAM JONES . I am a seaman and belong to the Bee—I was at the White Lion—the prisoner slept in the same room—I missed my handkerchief—knowing that the prisoner belonged to the Phœnix, I got a boat and went after him—I went on board the vessel—I saw him enter, and asked him if he had not got a handkerchief that did not belong to him—he said yes—he took it out of his bosom and gave it me—I told the officer to search him, and this other property was found—he dropped the money in taking the stockings off his feet.

WILLIAM GLADWIN (police-constable R 122.) I took the prisoner—I told him the charge—he said the stockings were his own, and he should not have taken the money if he had not been drunk.

Prisoner. They were left in place of mine; I could not find mine, and I took them.

JAMES SUGGETT re-examined. He left his own stockings behind—they were grey ones and not so good as mine; the feet were all out—mine were all sound, and they were not the same colour as his.

Prisoner. On the Monday morning Suggett was brought back a prisoner for robbing his master; he said he took 10s. from his master. Witness. I did not say so—I was not charged with stealing—I ran away from my master, who is a smack owner, but he forgave me—I had not taken any of his money—the money I had I had drawn of him—I was in prison one night as a runaway apprentice.

GUILTY . Aged 21.— Confined Three Months.


Before Mr. Recorder.

23rd February 1846
Reference Numbert18460223-778
VerdictNot Guilty > unknown

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778. THOMAS HILL was indicted for stealing, on the 13th of Feb., 1 bag, value 1d.; 12 sovereigns, and 8 half-sovereigns, the property of Francis Pearce, his master.

FRANCIS PEARCE . I am a silversmith, and live at No. 9, Newington-causeway—the prisoner has been in my service about three weeks—on the 13th of Feb., about twelve o'clock at noon, I had occasion to leave my house—I left my daughter in charge of the shop—I had a small bag in the till—I took some money out of the bag and left the remainder there—I saw sovereigns and half-sovereigns in it, as near as I can guess twelve sovereigns and eight half-sovereigns—the prisoner was out on business at that time—he was in the shop when I returned—I went directly into the adjoining place to dinner and my daughter was there—after dinner my wife sent the prisoner out—he came back and then went to his dinner—I went to the till a few minutes after he went to his dinner, and missed the bag—I sent for a constable and charged the prisoner when he returned with taking the bag out of the till—he said he had not got my property, and was never charged with dishonesty in his life, that I had a good character with him and he always bore one—the parlour commands a view of the shop, so that nobody can enter without being in view of the persons in the parlour—nobody came into the shop while I was in, till after the prisoner went to dinner—he went to dinner when the workmen came in, and I saw what part of the shop he went to—I went into the shop to him before he got fairly through the door—the door of the shop was in his hand—I had a looking-glass in the parlour and a glass case

also, and when the door opens whoever enters it reflected in both—I had given the prisoner notice to leave, and he was to leave the following day, Saturday—a person in the shop could not go to the till without being seen by two or three of us in the parlour—the till is a long one with three divisions, and the bag was in quite the back department—the prisoner might draw it out without being observed, but he could not stand there without being observed—the glass-case on the top of the counter would conceal his drawing anything out—a person behind the counter could get to that part, but anybody coming in at the door would have been in view of the persons in the parlour—it could not be done by anybody on that side of the counter.

Cross-examined by MR. HORRY. Q. Is your parlour door half glass? A. Yes, the lower part is wood—the prisoner was not in the shop when I examined the bag—I put it there at eleven o'clock—he went out twice.

JANE PEARCE . My father left me in charge of the shop—when he returned about one o'clock I had my dinner—nobody came in through the door from that time except a workman, not till the loss was discovered—I had been in the shop until I went to dinner—nobody could have opened the till and taken anything out while I was in the shop, and nobody came into the shop door after I left the shop.

ROBERT IREDEN (police-constable N 165.) I searched the prisoner—I found nothing on him—he had been where he was sent to when he went out on the errand.

FRANCIS PEARCE re-examined. I was absent while the prisoner was out, but when he came home I was home directly after him—he must have taken it while I was at home—he was in the shop all the time we were at dinner—he came home a few minutes before one, and I came home exactly at one o'clock—he was not away from the shop—he was apprehended on the premises—he went to the place where he was sent to and brought what he was sent for.


23rd February 1846
Reference Numbert18460223-779
VerdictGuilty > unknown

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779. HENRY BRETT was indicted for burglariously breaking and entering the dwelling-house of George Brown about two o'clock in the night of the 12th of Feb., at Lambeth, with intent to steal, and stealing therein 51bs. weight of bacon, value 2s. 6d.; 21bs. weight of sugar. 1s.; 3 china ornaments, 15s.; 3 shillings, 60 pence, and 96 halfpence; his property.

GEORGE BROWN . I keep a beer-shop, at No. 9, Burdet-street, Westminster-road, in the parish of Lambeth—on the 12th of Feb. I went to bed about half-past twelve—the window was fastened by a catch—I fastened it myself—that would prevent its being pulled up or down from without—there are two shutters outside the window which fasten by a bolt, and also another bolt to the window-sill—they were fastened—about half-past two I was alarmed by somebody calling me by name from the street—I went down stairs, and found the centre square of glass broken, to undo the button of the sash—there was sufficient glass removed to enable an instrument to be introduced, but not a hand—the top sash was pulled down level with the bottom—the shutter appeared to have been prised open by some flat instrument—there was the mark of an instrument between the shutters—I have since compared a hatchet with the marks on the shutter—I found my till, which is kept in the bar, standing on the top of the counter—I had left it locked overnight, and about 9s. of copper money in it—I missed some bacon from a cupboard in the bar, and china ornaments from the bar parlour mantel-piece—I saw the china ornament and the bacon

at the station—two packages of sugar were produced—they resemble 21bs. I had in my house the night previous—when I first saw the prisoner at the station-house, I thought I had seen him before, but I am not positive of it.

Prisoner. Q. Were the shutters so strained that they could not be closed to? A. They were put to after I discovered it.

HENRY PROWSE (police-constable A 102.) I was on duty in Burdet-street, Westminster-road, a little after one in the morning, and saw the prisoner at the corner of Francis-street, Westminster-road, in company with another person—on seeing me cross, the prisoner said to me, "It is a cold night"—I said, "You had better go home out of the cold"—the other walked off—I did not see his face at all—the prisoner walked away in the same direction—I went round my beat again—I afterwards saw the prisoner in company with a woman, eight yards from the prosecutor's house—on seeing me, he walked quite away—the shutters were quite safe then, for I turned my lantern on them, but on coming round again, I found the shutters open, and marks of dirty footmarks on the window-ledge—I called Mr. Brown—the shutters were put to—I compared the marks on the shutter with a hatchet which was produced afterwards, and it corresponded exactly—I did not make a fresh mark with it.

Prisoner. Q. Were the shutters closed the last time you came round? A. I am quite certain they were—they were closed to when I discovered it, and I opened them, and found the glass out.

HENRY TABOURDEN (police-constable L 57.) On the morning in question I was in the Lower-marsh, and saw two men on the opposite side of the road—I went over to them—one of them walked away—I stopped the prisoner, who had a bundle—I asked what he had there—he replied, "A piece of bacon"—I asked where he got it—he said he bought it—I asked where—he said, "At Westminster"—I asked where—he said, "At a shop"—seeing the bacon, and that it had not been bought at a shop from the appearance of it, I pointed to these China images which he had, and asked where he got them—he said he bought them altogether—I was taking him to the station-house, but he dropped the bundle and escaped—this hatchet fell from his coat—I took it from him—I followed him, sprang my rattle, and found him in custody—the bundle contained three China ornaments, the bacon, and 2lbs. of sugar.

Prisoner. Q. Did not I give my right address? A. Yes—I had not got hold of you in taking you to the station—I was going to take you on suspicion.

Prisoner. I did not run away till he told me he should take me to prison.

VALENTINE TITE (police-constable L 45.) I heard the rattle spring, and saw the prisoner coming from Johanna-street, running—he saw me, and turned up Herriot-street—I ran round, and met him in Lower-marsh—I stopped him—he said, "Don't stop me, I am running after a man who has just got away from a policeman"—I stopped him—I heard something fall from him, and told the other officer to pick it up.

Prisoner. Q. Was I running when I came up to you? A. Yes, very fast indeed.

HENRY APHOM (police-constable L 159.) I heard the rattle spring, and came up when the prisoner was in Tite's custody—I looked on the ground in consequence of what he said, and found this image, and afterwards saw the prisoner take this piece of an image out of his pocket and throw it down.

GEORGE BROWN re-examined. I can swear to all these being my property—they were safe overnight and missed in the morning.

Prisoner's Defence. Mr. Brown stated in his deposition that the shutters were that, and could not be closed to, and the policeman says when he came round they were closed, and I do not see who could have opened them but the policeman; it was a frosty morning, and there could not have been mud on the window-sill; on Saturday night I met a friend, who kept me out; I was taken by him to Westminster-bridge; I left a beer-shop there at two o'clock; we came from there; I wished him good night, and came on my way home by Lower-marsh, and I picked up the piece of bacon, the hatchet, and the 2lbs. of sugar, wrapped in paper; the three images were in brown paper; I had not had them in my hand two minutes before the policeman came up, and took me; he said I should go to prison; I then ran away for about half a mile.

(The prisoner received a good character.)

GUILTY . Aged 20.— Confined One Year.

Before Mr. Common Sergeant.

23rd February 1846
Reference Numbert18460223-780
VerdictGuilty > with recommendation; Not Guilty > unknown

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780. RICHARD DAVEY, JOHN YOUNG , and WILLIAM CORNISH were indicted for stealing a loaf of bread, value 4d.; the goods of James Plumridge.

SUSANNAH PLUMRIDGE . I am the wife of James Plumridge, a baker, of High-street, Wandsworth—between nine and ten o'clock on the 12th of Feb. one of the prisoners, Davey, I believe, came into the shop, and another man was outside—the one that came in asked me to give him some bread—I told him I could not give him any—he took a half-quartern loaf, divided it, and gave part to the other one who was outside—I cannot say which that was.

JAMES PLUMRIDGE . I am a baker, at Wandsworth—I received some information from my wife—I went out, and saw the three prisoners walking along, with some bread in their hands, just outside my door—I followed them till I met a policeman, and gave them into custody.

WIILIAM TAYLOR (police-constable.) I took the prisoners into custody, by Mr. Plumridge's desire—they were all three eating bread.

JAMES WEBB (police-constable.) I assisted in taking them—I found them eating bread.

JOHN BUSAIN (police-inspector.) I took the charge at the station—Cornish said, "We were all together, and I had a part of the bread."

DAVEY— GUILTY . Recommended to mercy by the Jury and the Prosecutor.

Confined One Month.


Before Mr. Justice Williams.

23rd February 1846
Reference Numbert18460223-781
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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781. ANN WATKINS was indicted for feloniously and without lawful excuse, having in her possession 500 forged stamps, knowing them to be counterfeit.—Nine other COUNTS, varying the manner of stating the charge; to which she pleaded

GUILTY. Aged 58.— Judgment Respited.

23rd February 1846
Reference Numbert18460223-782
VerdictGuilty > with recommendation

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782. HENRY JOSEPH KILLERBY was indicted for feloniously attempting to administer to Elizabeth Clouter 1 ounce of oxalic acid, with intent to murder her.

MESSRS. BODKIN and CLARK conducted the Prosecution.

ANN CLOUTER . I am the wife of Samson Clouter, and live at No. 10, Kent-street Southwark. In Aug. last, in the early part of the day, I received

this letter (No. 1)—it is dated the 6th, but I believe the post-mark is the 7th—it is addressed to my daughter, Elizabeth Clouter, who will be eleven years of age in April next—there was no other person of that name in our house—I received the letter myself from the hands of the postman, and opened it—there were two papers inside containing some white stuff, which at first I supposed to be salts, but on tasting it I found it to be something quite different—I put them both in the letter, folded it up, and placed it on a shelf till my husband came home, which was about three hours after—I am not at all acquainted with the prisoner—I had only seen him on one occasion before seeing him at the Police-court—I know his father and sister—her name is Harriet.

COURT. Q. Do you know whether he was acquainted with your daughter at all? A. She has seen him I believe on two or three occasions, but only in my presence once, which was on board a steam-packet, going to Graves-end, in June last—he was then with his sister.

SAMSON CLOUTER . I received from my wife this letter with the two packets of powder—I went with it about an hour afterwards, to Mr. Blake, a medical man, and showed him the powder, to ascertain what it was—it was never out of my possession till I delivered it up to sergeant Kendall—Mr. Blake tried a portion of it, and told me something about it—I afterwards showed it to one or two other medical gentlemen, but it was not at all out of my sight—on the 11th of Aug., this letter (No. 2) addressed to me, came to my house by the post—I took it in—I had seen the prisoner once, to my knowledge—that was on board the Gravesend boat—I know his family very well—they live in the next street to me.

COURT. Q. What is his father? A. A straw-bonnet presser, or cleaner, or something in that way—he has a sister about fourteen or fifteen years of age—her name is Harriet.

EDWARD KENDALL (police-sergeant A 30.) On the 1st of Oct. last I received the two letters from Mr. Clouter—the powder was taken out and given to Mr. Robert Wallington on the 9th of Dec.—it was then in two packets, I think.

COURT. Q. How long was it out of your possession? A. He has had it ever since—I have never received it since—I did not put any mark on the papers before I parted with them, but I should know them again.

ROBERT BLAKE . I am a surgeon, and live at No. 13, White-street, Borough. I am not particularly acquainted with the family of the prisoner—I have seen them occasionally at my shop—I believe the father has something to do with bonnets, but in what way I do not know—I believe the father has not purchased anything at my shop—two of the family have bought oxalic acid—I have been told it was for the purposes of their trade—I believe oxalic acid is used for the purpose of cleaning bonnets—a paper was brought to me by Mr. Clouter—I compared part of the contents with my own oxalic acid that I had in the house—I made no experiments with it.

ROBERT WALLINGTON . I am chemical operator at Apothecaries-hall. I received three parcels from Kendall, in the early part of Dec. last—they contained oxalic acid—I ascertained that by subjecting them to a series of chemical examinations, and the result quite satisfied me of the nature of their contents—the two packages described to me as having been sent to Mr. Clouter, contained one fifty grains, and the other thirty-five grains—the corners of the papers were a good deal worn, and the acid was liable to be spilt out—I am not prepared to say whether the quantity contained in those two papers, if taken into the body, would be capable of causing death—we have no direct

evidence as to what the dose of oxalic acid is that would occasion death—unless we have some grounds, we cannot form a judgment—medical assistance is generally called in very rapidly after a case of poisoning, and oxalic acid is speedily counteracted in its effects—I cannot say what effect the taking of such a quantity by a child ten or eleven years of age would produce—I am not a medical man, and would not offer a judgment at all upon it—I do not know the prisoner.

MR. BLAKE re-examined. The consequence of taking the quantity of oxalic acid mentioned, would depend upon circumstances—if this child had taken this portion of oxalic acid upon a full stomach, I do not consider it would have been of any consequence whatever, but if taken on an empty stomach, it very likely might have caused her death—I took a very small portion of it away when it was brought to me, about twenty grains—I cannot say exactly, perhaps not so much.

EDWARD JOHN TYLER . I am foreman to Messrs. Lewis and Son, printers, of Finch-lane—the prisoner was an apprentice of the house. I am acquainted with his handwriting—I have seen him write several times—I believe this letter, dated 6th Aug., (No. 1) to be his handwriting, and this also, addressed to Mr. Clouter (No. 2)—I also believe this to be his (No. 3.)

WILLIAM WICKENDON . I am an officer in the gaol of Newgate. I received the letter (No. 3) from the hands of the prisoner on the 17th of Feb., for the purpose of forwarding according to its address—it is my duty to communicate any such fact to the governor of the gaol—I handed it to the officer at the gate—I put no mark on it, but I know this to be the letter, by the writing and the number of sheets—I am positive it is the same letter—it was folded up, but not sealed—I gave it to Brissenden.

THOMAS BRISSENDEN . I received a letter from Wickendon—I do not recognise this as the same—I took it to Mr. Wright, the deputy-governor.

GEORGE WRIGHT . This letter was put into my office, as all letters are, and Brissenden stated to me that he had just then put it there—after reading it and entering it in the usual way, I was induced from its description to take it to Mr. Cope—my initials are on the letter, by which I recognise it, and Mr. Cope's name is on it.

WILLIAM WADHAM COPE . This letter was brought under my notice by Mr. Wright—my name is on it—I handed it over to the solicitor for the prosecution.

Letters read No. 1. "To Elizabeth Clouter. 10, Kent-street, Borough, near St. George's church—private, Aug. 6, 1846. My dear Elizabeth—If you mix this white stuff what I have put in the letter you will find it is very nice; dear Elizabeth, it has come from France, and I shall come and take tea with you on Sunday, for I know you will be very glad to see me, and then I will bring some more. If you will take what I have sent you, which I know you will, I will give you that, but mind, you must take this directly you get it, for it is so very nice—it is melon."

No. 2. "Mr. Clouter, No. 10, Kent-street, Borough, near St. George's church—private. Aug. 11, 1845. Mr. Clouter, You have acted like a b—fool by not letting your daughter take the poison that I sent her, for I intended to murder her; however, as you have stopped her from taking the poison why the first opportunity I get I shall cut her throat, and be d—to you—ha! ha! ha! You may think this an idle threat, Sir, but before many weeks have passed away you will find out the truth of it. You may fancy you have got your daughter secure, but you have not, you d—n stupid idiot, Mr. Clouter, ha! ha! ha! From John Killerby."

No. 3—"Newgate, London, Feb. 14, 1846. Dear brother,—About eighteen months ago Harriet gave a little party consisting of some of the neighbours' children to come to tea and spend the evening, among whom was Elizabeth Spriggs. At the time the party was given I asked to leave off my work about a quarter to seven; when I came home I noticed Elizabeth, but as I had never seen her before I did not look at her much at that time; in the course of the evening I had to go in to Mrs. Howe's, our next door neighbour, to fetch something, when she said to me, 'Did you notice what a very pretty girl that little Miss Spriggs is,'(meaning Elizabeth), and I said no, because being a stranger to me I did not think to look at her more than any of the others; when I went in the room again I did look at her, and I thought she was very handsome, and for about a week afterwards I could not forget her, and during that time I noticed persons (neighbours or their children) speaking to her, and it made me feel rather jealous to think that they could speak to her and I could not, and so I determined in my own mind that she should not speak to any one, and so I took some oxalic acid out of the bottom drawer in our parlour and took and bought two seidlitz powders, for which I gave 1 1/2 d., and I took and ground this oxalic acid up fine, and took and mixed it with the seidlitz powders, and put it in a letter, and posted it and sent it to Elizabeth, at Miss Ward's; at the time I wished it to kill her, but I was sorry afterwards that I had sent it at all; the letter was merely telling her to take it with a little cold water, and telling her I would come to tea with her on the following Sunday; however, I did not take any more notice of her till about three months after, when I saw her again. On new year's night Harriet gave another little party, and that was where I did see her again, and every word she spoke to any one made me feel jealous, and so I thought in my own mind that I would murder her, and so I wrote that letter threatening to murder her as she returned from St. George's church on the following Sunday evening, which was some weeks after the second party, but I never, at the time, meant to fulfil the threat—however, the fact was, I had for a long while read a great many of Lloyd's works, in which were some most wonderful characters, and I thought at the time I could do as was represented in the books, and appear a very mysterious character, and then after that I wrote them letters to Miss Ward, and then to Mrs. Spriggs, and then to Mr. Humble; and when I signed your name and Miss Ward's name, which was signed in the first letter sent to Mr. Humble, I did not do it with the intention of doing either you or her any harm, and when I had gone so far writing so many letters I could not drop it, and so I thought I would send to Clouter's, not that I owed any of them any spite, nor did I, when I sent the poison to Elizabeth Clouter, wish her to take it, or wish her any harm—and then I sent some to Mr. Bowling's, and then to Mrs. Humble, and although I sent the poison to her I did not wish her to take it, for it was impossible for me to owe spite to a person who I never did see; and when I sent that letter to the church about Elizabeth's mother I did not owe her any spite, nor did I wish to injure her, but I thought it would be a lark. These are the facts of the case. My reason for beginning it, was as I have stated, concerning Elizabeth Spriggs, but I had no reason for keeping it up, nor did I ever wish to injure any one, but I used to think it a rare lark, and at the time I was not aware of the dangerous course I was pursuing. Dear brother, I have now stated it all to you. I am sorry, very sorry to think that I have pursued such a wicked course, but when I get my liberty again I promise I will fulfil that promise that I will do nothing but what is upright and just. I used to write the letters up in Mr. Lewis's composing-room, during my dinner-hour, and I used to post them

when I went out. The first letter that was took to Miss Ward's I took there; it has cost me a trifle for postage, and besides, losing my time in writing them. If I only had the last eighteen months to go over again, and knew as much as I do now I should never be in trouble now. The three last letters that I wrote to Elizabeth was just what I felt towards her—and about going to Miss Ward's with the knife the night that I was taken, which was Feb. 3rd, 1846; when I knocked at the door the servant came and she asked me what I wanted; I said I wanted to see Miss Ward, and she said I could not see Miss Ward, but I could leave any message and she would take it to her, or if I would leave my name she would go and tell her, but I objected to that and said I wanted to see her; so she shut the door, while I waited outside, and said she would go and tell Miss Ward. In about three minutes' time Miss Ward came down and opened the door to me, and asked me what I wanted, so I said I wanted to see Miss Elizabeth Spriggs; so she wanted to know what for, and I would not tell her; so while I was talking some gentleman came to the door, so she called him by his name, and she said I had better come in; so we all went into the passage, and she then asked me what I wanted to see Elizabeth for, and so did the gentleman, saying he did not consider it a proper thing for a youth like me to see a young girl like that alone, however, I persisted in seeing her, and alone; so Miss Ward was quite agreeable, but the sister was not, and so, while I was waiting in the passage they sent for a policeman, and he also asked me, but I would not tell, so he asked me my name and address, and I told him, and then we went to the station-house; so he asked me what I had got about me, and I did not answer; however, he searched me and found the knife. Now, if I had have seen Elizabeth Spriggs alone I meant to have told her I loved her, and asked her if she would try to have liked me, as I was a going to be tried to-morrow, found guilty, and then, perhaps, I might be away a long while, and I meant to have pulled out the knife and told her I would kill her when I see her again if she would not do as I had told her, and then I meant to come away. The knife being dirty when I brought it away from home in the morning, in my tea-time I rubbed it on the stone, with the intention of cleaning it, not sharpening it. Talk about harming her, I would not harm a hair of her head, for I love her too dearly. While I was standing in the passage Miss Ward asked me if I sent those three last letters, and I said no, and I also denied telling her who I was, and she asked me if I had heard she had been annoyed by a great many letters, and if I had sent them, for she thought my name was Killerby, she did not say why; I told her I had heard about it, but I did not send them, nor did I know the person that did. I was in the passage talking to her about half an hour. Now I have stated all the particulars just as they occurred. I am very sorry to think I have acted as I have, and when I get out of this trouble I will never do anything that shall bring me into trouble again. I have now told you all of it. Be so kind as to write to me, so that I may have the letter, the latest moment at two o'clock on Tuesday next, just telling me how to act. I have been the only person concerned in it, and I never did think that you bore any affection towards Elizabeth, nor did I suppose any one did. I have to ask pardon of all of you, and you also, dear brother. You must excuse bad writing, and you must make the sense you can of it, for all the trouble I have brought upon you and all the family.—Your truly sorrowful but affectionate brother, HENRY KIILERBY."

(The prisoner received a good character.)

GUILTY . Aged 17.—Strongly recommended to mercy on account of his youth.— Confined Twelve Months.

Before Mr. Justice Maule.

23rd February 1846
Reference Numbert18460223-783
VerdictGuilty > with recommendation

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783. ROBERT THORPE was indicted for feloniously killing and slaying William Robinson Waterhouse:—he was also charged on the Coroner's Inquisition with the like offence.

MR. BODKIN conducted the Prosecution.

MARY ANN HAMILTON . I am a widow, and live in the Borough. I knew William Robinson Waterhouse, the deceased—he was thirteen years old—I knew he was acquainted with the prisoner—about a fortnight or three weeks after Christmas I remember hearing a scuffle near my door—there was a knock at the door, and when I opened it I saw the prisoner holding the deceased by the collar—the deceased cried—I took hold of his hand, and he leaned up against the window-sill a long time, and bitterly cried—I saw no blow struck—I heard the prisoner say, "Mind, if you never call after me I shall not after you, but if you do I shall serve you the same again"—those were the words, as I recollect—I turned to him, and said, "How can you give way to such passion? that is the way murders are committed; he is such a little fellow to you"—I noticed a mark on the side of the boy's face, and I told him he would have a black eye—I took him into my house—he staid there a very little time—I wanted him to go home to his mother—he said he had struck him in the belly, but he did not mind that so that he did not have a black eye.

SARAH WATERHOUSE . I am the sister of the deceased. I remember his coming home on the night he was hurt—he was thirteen years old the day he was taken ill, the 23rd of Jan.—it was in the evening, at dusk—he came home crying—he complained that Bob had hurt him there—(pointing to her side)—he became worse after that—the doctor was sent for on Sunday evening, the the 25th—he continued ill from the time he came home that evening till the doctor came—it was Mr. Rendle's assistant who first saw him, then Mr. Rendle saw him—he continued confined to his bed till he died, which was on the 4th of Feb.—I saw the prisoner at our house while my brother was ill—he came on the Sunday before his death and he saw my brother—I was not present—my father was—I saw the prisoner after he came down from seeing my brother—he said, "I am very sorry"—that was all.

Cross-examined by MR. CLARKSON. Q. What time in the evening was it on the 23rd of Jan.? A. Six or seven o'clock, I dare say—my brother never went out after that—he took to his bed immediately afterwards.

MRS. HAMILTON re-examined. I do not know the day of the week this took place—I am no scholar, and I took no notice—I did not go to the house of the boy's father till he was ill—I think it was about a fortnight or three weeks afterwards before he was ill—he did not sit with me many minutes—he walked home—it was between six and seven o'clock in the evening—I do not think he was taken ill for a fortnight afterwards—I never went to the house till he was lying on his death-bed and never got off—that was about a week, or a fortnight, or three weeks after the transaction, as near as I can recollect—all that the boy complained to me of was the blow in the eye, and that he had hit him in his stomach, but that he did not mind so that he did not have a black eye—he was a neighbour—I was fetched to put leeches on—I knew him as a neighbour—I saw him in bed ill—I afterwards heard of his death—I do not recollect how soon after I heard of his death—it was three weeks or a fortnight at the outside—it was not above two or three days between that and his death.

WILLIAM RENDLE . I am a surgeon. I was called in to see the deceased on Monday or Tuesday, the 26th or 27th—my assistant had been to him

twice before me—I found him labouring under severe inflammation, the symptoms of which were chiefly pain and fever—he complained of violent pain just on the left side of the pit of the stomach—it was attended with fever, and great constitutional excitement—he died on the 4th of Feb., I think—I opened the body afterwards—the immediate cause of death was inflammation of nearly the whole contents of the belly—it had spread, apparently, from the liver downwards—the liver was inflamed to a very great extent—the entrails were glued together by the result of inflammation—I speak of the viscera, the liver, stomach, bowels, and kidneys—there was a lacerated wound about the extent of an inch and a half on the left side of the liver, near the end, just emerging from the lower rib—no doubt it might be done by a blow, by some external violence.

Cross-examined. Q. I suppose you examined to see whether there was any appearance of external violence? A. I did—I did not find the least—I cannot say, to a few days, how long the violence had been inflicted before I saw him—the injury was not so great but what in some circumstances it might be recovered from, even such a case as this—it must not have taken more that a fortnight, I limit it to a week in my mind, to have produced the state from which he died—I think that more probably the injury must have been inflicted a week before, than a fortnight—I first attended him on the 26th or 27th of Jan., and he died on the 4th of Feb.—I mean a fortnight before I first saw him—I think I am in a condition to state, with some degree of certainty, that external violence produced this—I know that no wound of the liver can take place without violence; and I know, also, that the inflammation I saw had spread all over the surface of the inside of the abdomen, from the liver—I had not heard of his taking brandy a few days before he went to bed—I think that would not make any difference in my opinion.

Q. If you had heard he had been walking about the streets, and doing his usual business, a week or ten days after the supposed violence, should you suppose that any preceding violence could have produced such a result? A. Yes, under some circumstances a slight wound of the liver as this was, might have passed off again, under favourable circumstances—it was an inch and a half long, and less than half an inch deep—I should not necessarily expect to find external violence corresponding, possibly I might—I cannot conceive anything but external violence could have produced the injury to the liver—I looked to see if there was any, having a doubt as to whether the injury was owing to violent vomiting, or to external injury—I satisfied myself that the stomach was sound, therefore it could not have been from vomiting.

MR. BODKIN. Q. Do you know whether the boy expected to die or not? A. I believe he did for some three or four days; he was in extreme suffering.

MR. CLARKSON. Q. I suppose he was sometimes wandering in his mind? A. Yes, very much so.

COURT. Q. Was he sometimes sensible? A. He was more sensible than otherwise; occasionally he was quite rambling, quite delirious—I think, in the intervals, he was perfectly aware that he was dying—he did not show any desire to hear any statement of mine as regards his recovery, and I have reason to believe he heard me state to his friends that it was likely he would not recover—I said it so that he might hear me—I cannot be certain that he did hear me say so—I did not direct it to him, but to his friends—he might have heard me—I do not let my patients know they are about to die, unless I feel certain they are about to die—I had no doubt he was about to die seven days before—I did not think such a statement would influence him much, if at all—I partly thought him not very sensible of external impressions, and I was partly careless of the place in which I said it—I believe he would rather

have died than lived, to have been in the pain he was—there was no mortification.

ROBERT HARDY . I am a schoolmaster, living at Bermondsey. I knew the deceased—I went to see him when I heard of his being ill—it was the last day of Jan.—I found him in bed—I had a conversation with him as to the probability of his recovery—he appeared to be quite composed—I said, "Do you know me, William?"—he said, "Yes, but I am going to Heaven"—I did not put any other question to him on that day—I saw him again on the following day—I then said that he seemed better, and asked him whether he thought he should recover—he said no, he would rather not—I then asked if he was happy—he said yes—that was all that passed on that day—I saw him again on the next day—I then said it was an unfortunate thing he had been kicked—(I had heard that he had been kicked)—at that time he seemed quite composed—he received the medicine that his mother and sister gave him with very great gratitude, thanked them for it, and seemed quite composed—when I named about the kick, he said, "Oh, no, it was not a kick; oh, no, Bobby did not kick me, but he hit me, and he did hurt me so here," placing both his hands on the left side of his chest, one across the other.

LAWSON WATERHOUSE . I am the father of the deceased. I remember being at home while my son was ill, and the prisoner coming to see him—it was, I think, on a Sunday—I should say it was the Sunday week before he died, but I cannot charge my memory with that—I was in the room, I think, where my son was when the prisoner came in—I did not hear my son say anything to him, nor do I think he said anything to my son—the prisoner said to me he was very sorry—I do not remember my son saying anything; he was past talking, I think, and had been so for three or four days—I should say it must have been the Sunday before he died—I recollect something being said about punishment—I should say, that was a week or ten days before he died—the prisoner was not there then.

Cross-examined. Q. What day did your son die? A. On a Wednesday night—he could talk very little on the Saturday and he was occasionally rambling and very delirious—he was so on the Friday, and every day when I was with him he was in that state—he had been before this time at Liverpool—I do not know that he was ill-used there—he was not so well treated as I wished, and I brought him away—he was not ill-used—he never had a strike from his master—the name of the prisoner's master is Mr. Cooper—I remember seeing him.

Q. I believe he said there was a very unpleasant report spread that Bob had been the cause of your boy's illness, and did not you say, "For God's sake don't say anything about that again, I have had plenty of that in-doors, and how can I tell he did not receive the injury at Liverpool? most likely he did." A. No, not that—I said, "You need not Ray any more about that, I have heard enough of that in-doors, "but not that he had been ill-used in Liverpool—this boy had been on very friendly and intimate terms with my boy, and for anything I know they always appeared good friends.


JOSEPH COOPER . I am the master of the prisoner, he was my apprentice—I heard of an injury which he inflicted on the deceased lad, in consequence of which I went to the house of the boy's father, on Wednesday, the 7th of Jan.—I had been out on business, and my wife told me that Mrs. Waterhouse wanted to see me at the back—I went to him immediately—I saw the deceased boy there—he was standing alongside of his mother—that was on the evening of the 7th

of Jan.,—I am quite positive that was the day from several different connecting circumstances that occurred—on the Sunday before the boy's death I went again—I saw the father in his back yard, which communicates with mine—and I asked him how his son was—he said, "Very bad indeed"—I said, "There are some very unpleasant rumours in the neighbourhood, in regard of Bob having caused the injury," he lifted up his hands and said, "For God's sake do not let me hear any more of that, I have heard enough of that in the house; he might have received the injury at Liverpool; how do I know but he did so? most likely he did"—I then told him that the prisoner felt a desire to see him, and in consequence he was permitted to go and see the boy.

MR. BODKIN. Q. Had you been acquainted with the deceased? A. Yes, since he returned from Liverpool, which is perhaps a month, or two months or more—I cannot state the time.

MR. CLARKSON. Q. When you saw the boy on the 7th of Jan., had you any conversation as to what had been done to him by the prisoner? A. Yes, it complained that he had struck him on the eye, holding up his eye to show me the mark on it—there was a discoloration—a better apprentice than the prisoner was could not be tied to a master, and a more humane feeling I never witnessed in a boy of his age.

LAWSON WATERHOUSE re-examined. The deceased came back from Liverpool in Nov. I believe.

GUILTY . Aged 16.—Strongly recommended to mercy.— Confined Six Months.

Before Mr. Justice Williams.

23rd February 1846
Reference Numbert18460223-784
VerdictNot Guilty > unknown

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784. SAMUEL COLEBACK was indicted for feloniously killing and slaying Robert Townsley. He was also charged on the Coroner's inquisition with the like offence.

JOSEPH KIDD . I keep the Vine public-house, Vine-yard—I know the prisoner by sight—I knew the deceased Townsley—I remember him and the prisoner being at my house together last Saturday night fortnight the 7th of Feb.—I saw them both in the tap-room—I had seen them in my house before on that night—not in company but in separate parties—I saw the prisoner first about ten o'clook in the evening, and Townsley at twenty minutes before twelve o'clock, when I went to clear the house, and both were then in the tap-room—both appeared to me to be very tipsy—they went out among the rest, separately, perhaps two or three minutes apart—Townsley went out last—I succeeded in clearing the house, and got my door shut before twelve o'clock—about ten minutes after the door was shut I heard a disturbance outside—it appeared to be people quarrelling—I heard angry voices—I went out and saw the prisoner and Townsley down on the pavement—Towmley was uppermost—I assisted them up and advised them to go away—they both insisted on fighting again—I did not hear them say anything, but when they got up they ran at each other—they were wrestling with each other and both fell down again, very heavily, on the pavement—I do not think either of them was undermost—Townsley was quite as large a man as the prisoner—they got up again—I helped them up and kept them apart—I had sent a messenger for the police—I could not keep them apart—they would go at each other again—they both appeared equally desirous of fighting—I could not see any particular blow given—I do not think they hit each other, but they were pulling and hauling—it was more like a wrestling-match—Townsley fell again, but the prisoner did not—they had hold of each other just before he fell—they held any part they could get hold of—Townsley fell backwards, and his head struck against a door I think, for it was in a doorway—he did not get up—I went to assist him and he appeared to be dead—I

never saw him revive after the fall—I heard him give a groan when on the ground—I said to the prisoner, "Sam, now come, you have done quite enough; now help this man up"—he said, "I will"—the policeman then came, and I said, "Don't lose sight of that man"—the prisoner went with me to help the man—I do not think he was aware of the harm that was done—I cannot tell whether the fall was owing to the scuffle, or whether the deceased fell himself, but they had hold of each other until the moment he fell—he did not revive while I was present—I thought he was dead when I lifted him up—he was quite helpless—Tate took charge of the prisoner—the sergeant came up—I went into my house to get them a chair, to take Townsley away, and saw no more—I did not know his Christian name, except by hearing people call him Bob for about a fortnight before when he came into the tap-room—I never heard the prisoner call him by any name.

THOMAS TATE (policeman.) On Saturday the 7th of Feb., about ten minutes after twelve o'clock, I went and saw the prisoner standing by the Vine, about ten yards from the deceased, who was lying on the ground—Stockman pointed the prisoner out to me, and Kidd also, and I took him—I told him the man was dead and he must go with me—he said they had been fighting, he would go with me willingly—I saw the man lying on his back when I came back, and apparently dead—he never revived—I did not perceive that he breathed or moved—he was taken straight to Guy's Hospital—I went with him and never saw him move at all—the prisoner was drunk—I did not know him before.

JOHN MILLER . I knew Townsley, his Christian name was Robert—I saw him on Friday the 6th of Feb., he was in a very good state of health then—he was a stout powerful strong man, not quite so tall as the prisoner—I saw him at Guy's Hospital dead, on the Wednesday following—he is the same man I speak of—I never knew him by any other name than Robert—I have written several letters for him.

GEORGE HENRY EDWARDS . I am assistant at Guy's Hospital. I remember a man being brought there at half-past twelve o'clock on Saturday night, the 7th of Feb.—he was dead—on Monday, the 9th, I opened his head, and found, on removing the scalp, several contusions and bruises, and one larger than the rest on the top of the head—on removing the skull-cap and the membranes covering the brain, the brain was found in a state of great congestion, and blood poured out from the surface of the brain—his death was caused by the blood pouring into one of the most important cavities of the brain—there was no bruise exactly over the part where the blood filled the cavity, but there was one on the top of the head which would occasion a rupture at the base—there was no indication of his having been drinking—if a man was drunk, and fell backwards on the pavement, that might have occasioned all I saw—it was very likely to do so—he was a well formed, powerful young man; not quite so powerful as the prisoner—if he was in liquor when he fell, that would be likely to make the fall more dangerous, and produce the appearances on the brain.


Before Mr. Baron Parke.

23rd February 1846
Reference Numbert18460223-785
VerdictGuilty > unknown

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785. ALFRED JONES was indicted for feloniously inciting one Thomas Smith to do and commit a certain felony of which he had been convicted. (See Third Sess. p. 414.)

MR. CLARKSON conducted the Prosecution.

ROBERT MARSHALL STRAIGHT, ESQ . I act as clerk of the arraigns of this

Court. I produce the record of the conviction of a person named Thomas Smith, the principal named in this indictment—I find it on the files of the Court, duly signed by Mr. Clark as a record made up—(read.)

FRANCES GALLAVIN . I am a widow. On Sunday, the 14th of Dec., I was living at the house of Mr. Thomas Hamblin, No. 3, Crayford-road, Cold Harbour-lane, Camberwell—it is a detached cottage—Mrs. Hamblin was at home, and Mr. Phillips, Mrs. Hamblin's brother-in-law, was there—Mr. Hamblin is an invalid—a few minutes before eight o'clock I heard a knock at the door—I answered it—I found a man at the door with a note in his hand—that man was afterwards tried at this bar, in my presence, by the name of Thomas Smith—he offered me the note, and said, "Deliver that to the lady of the house"—I said I should not deliver it unless he told me where it came from—he said, "Do you choose to deliver that to the lady of the home: if you do not I will shoot you;" and he produced a pistol from his pocket—(the outer door was not shut at that time)—that alarmed me, and I took the letter and delivered it to Mrs. Hamblin, who was in the kitchen at the time—I believe this to be the letter (looking at it)—she took it through the dining-room into the drawing-room, to Mr. Phillips—the street door was open at that time, to the best of my recollection—Mr. Phillips was in the drawing-room with Mr. Hamblin, who has been confined to his bed for the last eighteen months—Mr. Phillips came into the passage, to the man who was standing in the hall, and asked what business he had there—I did not hear him answer—Mrs. Hamblin came into the passage—a few minutes after she went up stairs—the man still continued in the passage—after she had been up stairs a few minutes, he called out, "Is that lady coining? I will give two minutes"—Mr. Phillips went up after her, and came down, and said he had a 10l. note in his pocket, should he give him that, and Mrs. Hamblin said, "Yes"—Mr. Phillips came down with the note, and said to the man, would he go quietly if he had that 10l., which he produced—I did not hear his answer—Mr. Phillips gave him the note, and he went away—as he went through the passage, Mr. Phillips went up the steps to follow him to the street door—when he came into the hall, after I had taken the letter, I observed that he had a dirk or dagger in one hand, and the pistol in the other—I saw the handle of the dirk plainly.

CATHERINE HAMBLIN . I am the wife of Thomas Hamblin, and live at No. 3, Crayford-road. On Sunday night, the 14th of Dec, Mrs. Gallavin brought me a note, a little before eight o'clock—I was in the kitchen—this is the letter—it terrified me very much on reading it—Mr. Phillips was by my husband's bedside at the time—he had been paralysed for twelve months, and that was known in the neighbourhood—I showed the letter to Mr. Phillips—he came out of the room, and passed on to the hall—I had seen a man standing in the hall—that man was convicted here by the name of Thomas Smith—Mr. Phillips spoke to him—I went out at the back door into the garden, to the next door neighbour's, through the garden door, to give an alarm—the man could not see me go out at the back door, as the hall is not straight—on my return I found the man in the passage—Mr. Phillips told me if I would give 10l. the man would go out quietly—I said if I could find 10l. I would—Mr. Phillips produced a 10l. note—I allowed him to give it from the fear of all our lives—after saying I did not know whether I had got 10l., I went to the back door, and said I must pass through to get the 10l.—Smith placed his back against the door and shut it to, and said, "You don't pass here"—at that time he had a pistol and dagger in his hands—I afterwards went into the drawing-room and opened the shutter—the man, hearing

the shutter moved, went into the garden, and came round and met me at the drawing-room window as I was attempting to open it, and presented the pistol—I left the window, and came back into the passage, and in my fright I went up stairs to see for the money—my brother-in-law eventually gave the 10l. note—he said, "Shall I give it him?"—I said, "Yes"—when I came down the man was gone.

THOMAS PHILLIPS . I was at my sister-in-law's house on this Sunday night—I recollect the knock at the door and her showing me the letter—I went into the passage and saw the man standing at the door who I afterwards saw tried and convicted here by the name of Thomas Smith—I asked him his business—he said, "I have come for the money in the house, and if it is not handed over to me I must get it"—I told him we lived in a free country, and were not in the habit of having our money demanded, and asked what he meant by it—while speaking to him, having a dagger in his right hand, he pulled a horse pistol out of his left hand coat pocket—he then went to the entrance door, opened it, gave a whistle, and in came a second man, armed as he was—I could not identify that man, as he stood in the dark—it was not the prisoner I believe—he was a shorter man—I at last handed over to Smith a 10l. note—he said if he had 10l. he would leave the house and take the men away whom he had brought with him and had outside—when he was going out of the hall I followed him, and he turned round immediately, presented a pistol at my breast, within twelve inches, and vowed he would shoot me if I followed him or looked after him—I parted with the 10l. note for fear he would alarm the invalid if he knew of it—I was not particularly alarmed about myself.

SAMPSON DARKIN CAMPBELL . I am an inspector of police. I was sent for on this evening, and went to the house of Mr. Phillips—I received from him the letter produced—I afterwards went, on the 23rd of Dec, to No. 3, Catherine-court, Walnut-tree-walk, Lambeth, about a mile and a half from the prosecutor's—I there saw a man passing by the name of Thomas Smith and took him into custody, and also a woman going by the name of Ann Jones—I have been in search of the prisoner since then, in consequence of information I received—he was brought into my charge at the Camberwell station on Thursday, the 3rd of Feb.—I remember Smith being convicted—Ann Jones was acquitted—she is here to-day under the name of Ann Hales.

SAMUEL WRIGHT (police-constable P 172.) I took Smith into custody—I saw the prisoner in custody at Camberwell station on Thursday, the 29th of Jan., before he was examined before the Magistrate—I did not hold out any promise or threat to him—he commenced conversation by crying, and said the way he became acquainted with Smith was by his sister living at Mr. Greathead's butter shop.

Prisoner. He came to me and said, "I am sorry for you, how came you acquainted with Smith?" and I told him; he said he thought I had fallen into bad hands. Witness. He said Smith's sister lived at the butter shop, and by that he became acquainted with Smith—I do not recollect that he said he himself had lived at Greathead's.

SAMPSON DARKIN CAMPBELL re-examined. It might have been on the 29th of Jan. that he was brought to the station.

LYDIA ELLIS . I am the wife of a bricklayer living in Albany-road, Camberwell. In Oct., 1844, I went to live at No. 3, Catherine-place, Walnuttree-walk, Lambeth—in May, 1845, a man came to lodge with me in the name of Thomas Smith—his wife took the place in the name of Ann Jones—I staid in the house until July—I then left them both in the house and went to live at No. 1, Catherine-place—I staid there until Jan., 1846—I know the

prisoner perfectly well by sight—he was in the habit of coming to No. 3 while I was there and since I left—he always visited Mrs. Jones or Thomas Smith—he was very often in and out with them—sometimes he would come in by himself and sometimes with them—he was intimate with them—that continued up to the time Smith was taken into custody—I know he visited them after I left until Jan., 1846—I remember Sunday evening, the 14th of Dec. last—I saw Smith just about dusk that evening, I should say between five and six o'clock, go out with the prisoner and another man—the prisoner is lame—the other man was shorter than the prisoner.

Prisoner. Q. What induces you to say it was exactly that Sunday? A. Because on the Tuesday before Christmas-day Jones was taken—I saw you three pass my window—I believe the other man was Sam—I knew him by sight.

ELIZABETH PLACKETT . I am the wife of Henry Plackett, and live at No. 7, Catherine-place—I know the prisoner—I know the house, No. 3, where Smith lived—I frequently saw the prisoner going in there and frequently in company with Smith—I have seen them come home together and go out together—on Monday night, the 15th of Dec. last, as near ten o'clock as possible, the prisoner knocked at Smith's door several times but could not get in—he whistled—somebody inside said, "Ben, is that you?"—the prisoner answered, "Yes," and he got in at the window—I do not know whether it was opened from the inside or whether he opened it—two or three days afterwards I saw him again coming down the same court—he appeared to have a new coat on then.

WILLIAM ROBERT PLACKETT . I am the son of the last witness—I lived with my mother at No. 7, Catherine-place, last Dec.—I knew Thomas Smith who lived at No. 3—I remember Campbell and the officers taking him into custody one night—I know the prisoner, and have seen him with Smith—I saw him on the night that Smith was taken, after Smith was taken away—I saw him come up and look in at the window of No. 3 at the time the officers were in the house, and he immediately ran away—I have never seen him there since.

THOMAS GREATHEAD . I am a cheesemonger, and live at No. 50, Bridge-road, Lambeth—about four years ago the prisoner lived with me—he was upwards of a year in my service as porter, and carried out goods—he signed receipts when he received the money—I have sometimes seen what he has signed, and I have seen him write very frequently—I have been able to form an opinion of the character of his hand-writing—I believe this letter to have been written by him.

COURT. Q. Is there any peculiarity in his hand-writing? A. There is, in his beginning a great many words with capital letters—he always uses the letter A as a capital—he never made a small one.

Prisoner. Q. Did you ever see me write a letter? A. No, I have seen you write in the school.

JOSEPH HENRY ROBINS . I live with my uncle, George Robins, a surgeon, in Bedford-street, Covent-garden—the prisoner was about a year in hit service, and left about eighteen months since—I have seen him write, and have directed letters which he has written—I know he has a custom of generally beginning sentences with capital letters—I can express an opinion at to his handwriting—I believe this letter to have been written by him.

Prisoner. Q. When have you seen me write? A. When you wrote letters, and wrote on pieces of paper, and in your pocket-book, places where you were to go to.

COURT. Q. Have you seen him write sufficient to form a judgment of his handwriting? A. Yes.

ELIZA NEWBERRY . I am the wife of John Newberry, a gold-beater, and live at No. 43, Brook-street, Lambeth—a man named Thomas Smith came to lodge at my house last Christmas twelve months, and stopped four or five months—that same man was tried here—he came to us by the name of Jones—I have seen the prisoner at Jones's—he was there nearly every day, I believe, while they were there—Smith had a sister named Lucy—I have seen the prisoner write letters to her, and write directions for her, and have seen them after they were written by him—I have had such opportunities of seeing his writing as to enable me to form an opinion of his writing—he has written bills for me—to the best of my belief, this direction on this letter, "For the lady of the house," is his handwriting—the rest of the letter is written larger than I have seen him write—I cannot say whether that is his or not.

Prisoner. Q. What letters have I written for you? A. None, only bills for washing, to different people, and also receipts.

COURT. Q. Is there anything remarkable in his writing? A. Nothing particular, only it is his style of writing as he wrote for me.

GEORGE EDWIN GILL . I am foreman to Mr. Attenborough, a pawnbroker, in Bridge-house-place—on the 15th of Dec. I received this 10l. note, at our shop, from a woman, who gave the name of Mrs. Ann Jones, No. 3, Catherine-place, Walnut-tree-walk—she redeemed a watch pawned for 2l—I gave her the change—I was present afterwards, when that same woman was tried with a man named Thomas Smith.

JAMES TUCK . I am clerk to Williams, Deacon, and Co., bankers—on the 10th of Dec. I gave the 10l. note produced, with other money, in payment of a check to Mr. Phillips—I took the No. down, 45,346—I identified it on a former occasion—my recollection of it is quite perfect—that is the note—I have a copy of the entry here—I am positive I gave that note to Mr. Philllips himself.

MR. PHILLIPS re-examined. I gave Smith the 10l. note which I had received from Williams and Co., Birchin-lane.

ANN HALES . I have gone by the name of Ann Jones—I am wife of James Hales, who has gone by the name of Thomas Smith—he was tried here for this robbery, and I also—I was acquitted and he was convicted—I now live in Tower-street, Westminster-road—I knew the prisoner when I lived with my husband at Mrs. Newberry's, where my husband went by the name of Jones—I also knew him when living at Mrs. Ellia's, by the name of Smith—he was in the habit of visiting my husband—he often came to our house—he came much about the same when at Catherine-place as at the other place—my husband wrote very little—I remember the prisoner writing a note for him—I received from my husband a 10l. note—I took it to the pawn-shop of Mr. Attenborough, in Bridge-house place, on a Monday—it was the day before that Monday that the prisoner wrote the note for my husband—my husband told him he wanted him to write a note—he dictated the terms of the letter to him—I heard the Crayford-road mentioned by my husband to him, and there was something said about Cold-harbour-lane, but I did not pay much attention to it—I heard my husband say it was to be addressed to the lady of the house, and the prisoner wrote according to my husband's direction (looking at the note)—I cannot swear to the writing, but it appears to be the same note—I can read writing—Ibelieve this is the note—it was written in the afternoon—very soon after it was written, my husband and the prisoner went out together—my husband did not come home all night—he came home next day, and gave me the 10l. note—he saw the prisoner that day—I believe he lived in Upper-marsh at that time—I saw him and my husband talking together on that Monday after I got the 10l. note—I saw no portion of it given to the prisoner.

Prisoner. Q. You say the letter was written in the house, and you heard the contents? A. Yes, some of it—I heard Crayford-road mentioned.

Prisoner. There was a letter written, but it was to a young woman I was to be married to this year. Witness. I am sure that is the letter—I did not hear my husband tell him why he wanted it written—I heard nothing said about what was to be done with it—I heard that twelve men were to be called in, if they did not get the money.

MR. CLARKSON. Q. Was the note he wrote about marriage or money? A. Not about marriage at all.

(Letter read—"To the lady of the house—My lady, I write these few lines to inform you that I have been sent here by a gentleman for your money, and I must proceed in getting it, and if you refuse me, the men outside, twelve in number, will come in and plunder the house, and if you make any noise your lives will be in danger.")

MR. GREATHEAD re-examined. I did not know that I had a sister of Smith's living at my house, but I have reason to believe I had.

Prisoner's Defence. I say there was no such letter written; there was one written addressed to a female in Lamb's Conduit-street, to whom he was going to be married in Feb.; I left the house with him, and went to a public-house at the corner; I had half-a-pint of beer with him, and then left him; I came next day as usual, and shortly afterwards received a letter from my friends, to say that they had a situation for me; I applied for the situation and got it, which caused my absence from the place—I came back, having left the situation, and was taken into custody, charged with stealing the note; I know nothing at all about it; I have known the man two or three years; I have no friends in attendance; I could prove that that woman has been receiving trifles from inspector Campbell, and sergeant Wright, to come up against me.

SAMPSON DARKIN CAMPBELL re-examined. I have not given her a farthing—onone occasion when I met her, I took her to a house and gave her some bread and cheese and beer, while I was making inquiries about the case.

GUILTY .†— Transported for Fifteen Years.

Before Mr. Justice Williams.

23rd February 1846
Reference Numbert18460223-786
VerdictGuilty > lesser offence

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786. THOMAS GLOVER was indicted for unlawfully, maliciously, and feloniously cutting and wounding Samuel Robinson upon his left cheek, on the 16th of Feb., with intent to diafigure him;—2ND COUNT, with intent to do him some grievous bodily harm.

SAMUEL ROBINSON . I am a labourer, and live in Baker's Rents, Rotherithe, I know the prisoner—he is a tallow-chandler—he lived in the same house with me—had absented himself from home six months—he came back last Monday evening week (I and he had no quarrel before he went away—I cannot assign any reason for his going) he only came to call on us to kick up a row, and then go again—I was in the house in the lower room—his wife was in the same room with me and his son, a little boy—when I saw him come in he was intoxicated, and I said, "Now Tom what have you come about"—I spoke first—Isaid, I hoped he had not come to quarrel, he said, "No," and put out his hand and shook hands with me, and then turning to his wife said, "You b—y b—h," or "w—e, I have come to see you"—It was then proposed to send for a pot of beer, and he gave his son half-a-crown to go and fetch the pot of beer during the absence of his son for the beer he got up and began to strike his wife, and I said, "Now Tom you shan't do that"—when he went to strike his wife he went nearer to her, and I said he should not—he then put his hand in his bosom and pulled out a something—I did not know what it was then—he

flung it at me with all his force, and said, "There you b—y rogue take that"—a deal table, about three quarters of a yard wide, stood between us—it took effect where you see, on my cheek—it did not stick in, but fell down—I did not know at the time what it was—the policeman when he came in picked it up, and found it was a sailor's knife, open—he did not do anything else to me—I then, finding myself hurt, picked up an iron saucepan, and menaced him out of the room—I told him to go, and gave him his hat and he went clear away from the house—I did not give him in charge—he was taken the same night—the policeman picked up the knife about the place where it had fallen, after it had taken effect on my face—I got some warm water and bathed it, it bled very much, but I did not go to a doctor for twenty-four hours after that—he told me to put a plaster on it, which I have done ever since.

Cross-examined by MR. DOANE. Q. You have known him for some years? A. Yes, he and his wife—had been very kind to me on occasion, when I was in some difficulties for debt—his wife had gone out for a policeman before this occurred—he had threatened her—he appeared to come in in a friendly way, but he was in a passion, for he almost broke the door in—I thought he was friendly with me—I cannot say what induced him to make use of those vulgar expressions—it was on turning round and seeing his wife—he had got some fancy in his head about his wife and me—he has had that fancy for five years before—he always struck her when he came of late—I thought he attempted to strike her at this time, which induced me to interfere to prevent him—it was then he threw this knife that struck me—I have known him long—I believe he intended to do me some serious hurt at the time, in consequence of his repeated threats—he often threatened me before I interfered with him and his wife, but not at that time—the wife had been living under the same roof with me when he had been absent—I always have lived there for nine years past—we have been living in the same house together for nine years—when I interfered to prevent him, I put my hand up, and said, "Don't strike her;" and then he drew this knife from his bosom, and said, "Take that"—he on one occasion did find me kissing his wife—the fact is, that after their kindness I became an inmate of the family, and by his consent I was introduced to his acquaintances as the brother of his wife, and he introduced me among his friends and relations as his brother-in-law—we lived under the same roof on those terms about nine years—about five years ago, when living in Pimlico, I came home in the evening, having taken a little more than I usually did, I was rather fresh, and she had sent me up something very comfortable while I was at work, and I said, "Mother, I must have a kiss;" and he was in the yard, and happened to come in at the time—nowthat is all the circumstance he grounded his suspicion on—that is five years ago, and since that we have been on intimate terms—we have lived together as comfortably as we possibly could, and now he turns round and says he had jealousy on this score five years ago—there was no other foundation for it.

GEORGE BATSFORD (police-constable M 70.) I came to this house on the 16th of this month, about half-past nine o'clock in the evening—I heard a woman cry, "Murder!" and ran there—I cannot say whether the door of the house was open—I met the prisoner's wife before I came to the house—she came out, crying "Murder!" and applied to me to come—I met the prisoner before I got to the house, and asked what was the matter; and he said, "Here I am, if you want me"—at that time I did not know that anything had been done—I took him back to the house—he did not go inside—hestood outside along with another constable, whom I asked to mind him while I went in—when I got into the house I saw the prosecutor—his face

was bleeding—I only found him in the room—there was no child there, nor any one but himself—this was on the ground-floor—he had a cut under the left ear—I searched on the floor, and found this knife open—it is sharpish at the end, more sharp at the end than it is anywhere—it was not quite so clean as it is now—it looked as if it had been wet and dropped down on the dirt—there is a bit of gravel stuff on it—I took the knife, and went out, and asked the prisoner if it belonged to him—he said, "Yes"—I then asked the prosecutor if he was going to charge him—he said, no, he was not; and I told the prisoner to go—he said, "I will not go, I will murder the b—y lot before I go; I have been longing to wash my hands in his blood, and I will murder the lot before I go"—I then took him in charge myself—he was worse for liquor—next morning, as I was taking him to the police-court, he made an observation that he would murder the lot before he went—he was solid and sober then.

Cross-examined. Q. Is there a string attached to the knife? A. Yes—part of the string was attached to the knife, and a part to his button hole—it is a knife he was in the habit of wearing.

MR. MURDOCK. I am a surgeon. The prosecutor applied to me on Wednesday evening, the 18th, two days after the wound had been inflicted—I found an incision on the left cheek, cleanly cut, about an inch long, and penetrating through the skin and the fat beneath the skin—I should say the depth of the wound was about a seventh or eighth part of an inch.

GUILTY of an Assault. Aged 32.— Confined Three Months.

Before Edward Bullock, Esq.

23rd February 1846
Reference Numbert18460223-787
VerdictGuilty > unknown; Guilty > with recommendation

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787. WILLIAM WINTON and CHARLES COOPER were indicted for feloniously breaking and entering the counting-house of the Governors and Guardians of the Poor of the parish of St. Mary, Newington, and stealing therein 6 half-crowns and 1 sixpence, their monies.

RICHARD SINGLETON . I am foreman of the stone-yard of the parish of St. Mary, Newington. The prisoners have worked there for some months—I receive money from the officers of the parish every morning to pay the men employed in the stone-yard—on the 14th I received 17s. 6d. for that purpose, six half-crowns and a sixpence—I put it inside this book, and put it in a counting-house in an inner shed, which is connected with the stone-yard—the prisoners were at work there that day—the dinner time is from one to two o'clock—the men went to dinner at that time; and I changed one half-crown to give the men some halfpence, and put the remainder in the book—I locked both the door of the counting-house and the outer door shed—I have the charge of the counting-house for the parish—it belongs to the stone-yard, which belongs to the governors and guardians of the poor—I left the keys at the lodge, leaving five half-crowns and a sixpence in the closet—I returned at two o'clock, found the bolt pushed back of the outer door shed, and also the bolt of the counting-house door—I went to the closet, and found the money gone—the prisoners had gone away, and did not come back to finish their work—they had a small portion of work to do, which would have entitled them to 1s. each—they had worked in the yard the day before, and remained to the stone-yard to the dinner hour that day—on missing the money, I went for a policeman, went with him, and found the prisoners at their lodging, in the Mint—I gave Winton in charge—I then went to a building, and called "Cooper"—I got no answer—I went up, and found him there—he must have heard me call—they were searched at the station-house, and 10s. 5 1/2 d. found on the two—I was present—neither of them had the same dress on as they worked in.

Winton Q. On the Saturday morning, what money did you draw from the officer? A. 17s. 6d.—I took out a half-crown to change, and put the remainder of the change in the book—I kept the halfpence in my pocket, about 3d. or 4d.—I paid 1s. 2d. away—a knife was found on Cooper I believe—you never left of an afternoon without being paid for your day's work—thegates had not been left unlocked during the dinner-hour for weeks previous to this transaction, and the men are never there unless I am present with them—there never was any money left in the shed in the morning—there has been at dinner-time—I never left strange men at work in the yard.

JAMES BAKER (policeman.) On Saturday, the 14th, I went with Singleton to the Mint, and found both the prisoners there—Winton first—Cooper, I believe, ran out of the house—Singleton brought him to me—I took both to the station—in going along Winton said to Cooper, "They cannot swear to the money"—I searched Cooper at the station and found on him a knife, two half-crowns, sixpence, a penny, and one halfpenny; and on Winton, one half-crown, two shillings, and fourpence—I asked why they left the workhouse—theysaid they had heard of another job—I asked where—they said at the docks—I asked which docks—they could not tell me—I went to the work-house, examined the outer shed, and saw some sharp instrument had hooked the bolt of the lock back, and the marks corresponded with the knife—I examined the counting-house door, and found a piece of wood had been cut away by screwing the knife round, and there is a little gap in the knife—I tried both the locks to see if I could put them back with the knife after they were locked, and I did.

MARY DAGO . I am a widow, and live in the Borough—I sell secondhand clothes—on Saturday, the 14th of Feb., the prisoners came to my shop together—Cooper bought this coat of me, and Winton bought a jacket.

WILLIAM CHANDLER . I live in Ball-alley, Mint—I was at work at the stone-yard—I left at one o'clock to go to di