Old Bailey Proceedings.
26th November 1849
Reference Number: t18491126

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Old Bailey Proceedings front matter.
26th November 1849
Reference Numberf18491126

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Taken in Short-hand





33, Southampton-street, Strand.









On the Queen's Commission of the Peace,



The City of London





Held on Monday, November 26th, 1849, and following Days.

Before the Right Hon. THOMAS FARNCOMB, LORD MAYOR of the City of London: Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Cress well Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Sir Peter Laurie, Knt.; Michael Gibbs, Esq.; and John Kinnersley Hooper, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, M. P., Recorder of the said City: William Hunter, Esq.; Thomas Challis, Esq.; David Salomons, Esq.; and Robert Walter Carden, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common-Serjeant 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.








Frst Jury.

William Shires

Edward Webber

John Whitehurat

Isaac Walker

Alfred Whittle

John Todd

Charles Dickenson

Charles Willater

John Woodland

George Sutton

Robert Walker

Thomas Wilmihurst

Second Jury.

William Collier

Henry Turner

Robert Turner

Thomi Taylor

William Leonard Watkins

John Thorpe

Jnhn Rindcll Dear

Francis Durrant

John Woodford

George Taylor

James Earl

William Swanton

Third Jury,

Thomas Webber

Alexander Frederick Wice

William West

Charles White

John D. W. Williams

Philip Turner

William Wendover

John East

Frederick White

Henry John Andrews

David Trail

Samuel Warren

Fourth Jury.

Charles Wheeler

William Kaye

Henry Thorpe

George Tiltman

Henry Dunford

Edward Durkin

William Wilson

George Webb

David Dennant

John Ford

David Turner

Henry William Woods

Fifth Jury.

Conrad Major Webb

Henry Wilshire

Thomas Adolphus Wilcox

William Henry Wheeler

William Henry May

David Todd

William Henry Thompson

John Weller

John Wilson

Joseph Walker

John Wynn

John Wright

Sixth Jury.

John Wiltshire

William Wells

Edward Tempany

Harry William

Mark Wilson

W. Waller

Benjamin Wood

David Williams

George Dolman

James Driver

George Henry Crose

James Timberlake

Seventh Jury.

Thomas Wolfe

Richard Turner

John Kerslake

Samuel Wise

David Cocksworth

John Wiley

Charles Dawson

John Wood

Daniel Cookey

Thomas Whiteside

James Chalk

Stephen Twyman



A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters


OLD COURT.—Monday, November 26th 1849.


Mr. Ald. GARDEN. Before Mr. Recorder and the First Jury.

26th November 1849
Reference Numbert18491126-1
VerdictNot Guilty > unknown

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1. CHARLES BISHOP was indicted for wilful and corrupt perjury.

MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.

JOHN FALSHAW PAWSON . I carry on business, in partnership with Mr. John Stone, as wholesale warehousemen, in St. Paul's Churchyard. I know Hugh Swan—he was a draper, in Camden-town—he afterwards became a bankrupt—in April, 1849, he owed us upwards of 500l.—I was a petitioning creditor.

Cross-examined by MR. BALLANTINE. Q. When was the adjudication? A. In April—Swan was examined at the Bankruptcy-court—I am one of the assignees—these proceedings are taken by the direction of the assignees—persons were put in the farm by my direction as assignee—I believe Bishop turned them all off—I do not know whether I directed that the persons who did that should be indicted—if such proceedings were taken, it was by the instructions of the assignees—I was not present at the trial—they were acquitted—I authorized an action to be brought against Bishop—that has not yet come off—I believe Bishop has brought an action against me—I have been served with a writ—I think the verdict was against us—it was after the indictment and action that I indicted Bishop for perjury.

MR. HUDDLESTON. Q. Was the trial at the Surrey Sessions for an assault? A. I believe so—I have not the slightest feeling in this matter beyond my duty as a creditor and assignee—Mr. Bradbury, of Alderman-bury, is my co-assignee.

FRANK AUSTIN . I am clerk to Mr. Commissioner Fane. I produce the proceedings in bankruptcy in the case of Hugh Swan—they are enrolled—(the bankrupt's declaration of insolvency was here read)—the date of the fiat and adjudication is 28th April, 1849—I have Bishop's examination; I swore him to it, the solicitor's clerk took it down; Mr. Jones, the attorney, was the witness to it.

Cross-examined. Q. Do you remember swearing Bishop? A. I cannot remember the fact, but I take it for granted; as my initials are here—he might have been examined in one of the private rooms upstairs—it was a private meeting—he was sworn before the Commissioner, and then would go with the solicitor into a private room—if any difficulty arises the Commissioner attends—the solicitor takes the examination unless the other side objects, and then the Commissioner attends.

ALFRED JONES . I am a solicitor, of Size-lane. I acted as solicitor of this fiat—I was present at Bishop's examination, and took part of it—the solicitor who attended for him read it. over to him, and he signed each sheet—this is it—(this being ready stated that he had 'purchased a farm, called Park-farm, of a person named Woodland, for 299l. 5s., part of which sum was saved by himself and wife out of their earnings, and kept in a box in his house, and 98l. he had obtained as a prize in a Derby sweep in 1846, and that he had no part of the money from the bankrupt, nor was there any of his property on the farm.)

Cross-examined. Q. Was his wife also examined? A. Yes; the prisoner's statement was in answer to questions, and reduced into narrative—the examination lasted about two hours—there are no other proceedings being taken against him—there are against Swan.

MR. CLARKSON. Q. When did you commence the proceedings against Swan? A. The warrant was applied for on the same day as the one against Bishop—we took Swan into custody about three weeks ago; we could not find him before.

MR. BALLANTINE. Q. Have you charged Swan with other matters besides the one that forms the subject of the present inquiry? A. No, we made no other charge against him except the one on which he was committed—that was for destroying his property and falsifying his accounts, not at all connected with this farm.

JOSEPH PARRINGTON . On 12th June last I went to Mortlake with Mr. Jones's clerk, and the messenger of bankruptcy, to see Bishop—at that time Hopkins had made some statement to the assignees—we told Bishop that we had received information that Park-farm was bought with Swan the bankrupt's money, and requested him to give possession of it to the messenger, who was there with his warrant of seizure—he made no reply—I put the question again, he still continued silent—I handed him the warrant, and told him that the assignees having received that information, it was their duty to come and take possession of the property, and he had better give it up quietly—he made no reply—I said, "You had better look at the warrant of seizure, and see the nature of it"—he took it, and read it through very slowly—he was long enough to read it twice through—I put my hand on it, and said, "You have seen enough of it now," and handed it to the messenger—he said, "I have no property belonging to Swan; this is all my property here, and I defy Swan or anybody else to take it away from me"—I again requested him to deliver it up, and told him if he would act honestly, the assignees would remunerate him, and he should have the benefit of the poundage which would be allowed, if he would do his best to assist the assignees—the messenger repeated the same thing, in other words—I said, "But has not the bankrupt advanced you the money to buy it?"—he said, "Whatever has passed between the bankrupt and me has nothing to do with the property here."

JOHN HOPKINS . I lived at South-row, Earl's-court, Old Brompton—I now live at Hammersmith—I am a jobbing gardener. I have known Bishop

several years—I lodged with him some time—we have been on very intimate Derby sweep, in May, 1846, at the public-house of a Mr. Middleton—I went with him on the Monday after, to receive the money—he got 95l.—he spent 5l. treating the persons there—he gave me the 90l. to take care of—I kept it till the following Sunday, and then gave it to him—he told me that he paid some debts in the neighbourhood of Walharn-green with the I money, bought some new furniture for his house, papered two rooms, bought a new stove and water-butt, a looking-glass, and two pictures of the winning horse, Pyrrhus the First—Bishop said he should like to invest 40l.—I said, I "Whenever you can make up your mind what money you can spare to invest, I will introduce you to Mr. Duff, a relation of mine, in the Bank, and he will do it for you"—he said, "I find I cannot spare more than 25l"—I then introduced him to Mr. Duff, and he invested the 25l. in stock—Iknew Bishop after this—he was a gentleman's gardener—he was not always in work—he was badly off—I have lent his wife money, not him; that was both before and after he won the prize—I know Swan—his children were sometimes at nurse at Bishop's—in May last, after he had gone to Park-farm, I met him at Walham-green, and walked with him to Hammersmith—in the course of conversation, I said, "How are you getting on at the Park—I farm?"—he said, "I hardly know; I have plenty of hard work, which is I generally my luck when I go into a situation"—he said, Mr. Hugh I Swan's brother is there, and since he has been there Mr. Swan has not I treated me so kindly as he used to do; before he came Mr. Swan always used to inquire for me on coming down to the farm, and ask my opinion about the farm and things connected with it, but since his brother has been there he has treated me very coolly, and when he came down he made no inquiry or took little notice of me, but he and his brother walked round the farm by themselves"—he said Mr. Swan said he intended bringing his solicitor down to look over the lease and copy of the lease in his (Bishop's) possession, but some friend had advised him, as he held the lease, he had better stick to it—I said, "I don't know who this person is who advises you, but it is very easy for one man to give advice to another to get into trouble, but not so easy to help him out of trouble"—he made some answer, which I do not recollect—I saw him again in May, and he said, "We are going to get the hay up; I dare say Mr. Swan's brother will want to be head man over it, but I don't intend to let him, as I am placed there as head man, and I intend to act as such"—I saw him again on 11th June, at Park-farm—I went down with some gentlemen from the Court of Bankruptcy—I had then given information of what t had heard—I saw him before he went to the Park-farm—he then said that Mr. Swan had taken a farm near Richmond, and he was going to put him in to manage it—I said, "How are you to be paid?"—he said, "I am to have 1l. a week and living in the house"—that was some time last November—Park-farm is near Richmond.

Cross-examined, Q. Bishop seems to have told you all about this? A. I do not know whether he told me all, he told me a great deal—I have a pretty fair recollection of it—I made no memorandum of it—I believed the farm to be Mr. Swan's farm, and not his—it was my impression it was a fraud; he made no concealment about it—I had always been in his confidence and he in mine; we were great friends—I am not betraying him; I am telling the truth, because I was summoned here—it is from a sense of duty—I first went to Mr. Jones, and told him this—I had not then heard of a reward, I swear that—I have since—I never saw any handbills about it—I knew Mr. Jones was solicitor to the assignees through a gentleman who wrote to me, a Mr.

Mark Frearson, head man to Williams and Sowerby, of Oxford-street—I do not know what he had to do with it; I did not know of the reward till I went to Mr. Jones's—I had no talk with Mr. Jones about the reward, nor with anybody; that I swear—I have no document in my possession about the reward—I have no guarantee for the payment of it—I have a guarantee for 5l. percent, on what the property would realise if it was sold—I do not know whether that is the reward offered in the bill—Mr. Parrington gave it me; I have not got it here—I got it on 11th June—I never told Bishop after that that I had seen Mr. Jones, either by letter or word of mouth; (looking at a letter) I adhere to that, all the one for this letter; it was an error; I was told one of the gentlemen was Mr. Jones, but it was not—I have always been a jobbing-gardener—I hare not had a job since Aug., that was for about six weeks—I had been unemployed some time before that—I was two months last winter with Mr. Hodges, of Earl's-court, Brompton—I am paid 3s. 6d. a day—I once lodged with Bishop—I was not turned out; I gave him notice—we had no quarrel—we were on friendly terms up to the time I went to Mr. Jones—I have never gone by the name of King or Watts—I never borrowed money of Bishop—when I was out of work, I was living on money that was left me by my mother on 23d October, 1844; it was 125l.—I was examined at the Bankruptcy Court, last June—I was not examined at the Surrey Sessions, or at Kingston—I did not learn the statement I made at the Bankruptcy Court before I made it—I had not got it written down.

MR. HUDDLESTON. Q. How long had you known Frearson? A. Three years—he knew I was intimate with Bishop, and Swan too.

GEORGE COLTON MOORE . I am a pipe-maker and gardener, at Walham-green. I knew Bishop when he lived in Farm-lane, Fulham—I first knew him in the spring of 1843—he called on me in October last, and asked if I could take his daughter with her boxes to her situation at Clapham, with my pony and cart—the subject turned on emigration to Australia—I said, "I think you would do very well there"—he said, "If I don't get anything to do between this and the spring, I will endeavour to go, and take Mrs. Bishop and my three daughters with me"—he said there was a gentleman, a friend of his, who wanted a house with some land attached to it, and he asked if I knew of anything of the kind that was to let—I said I did not, at present—he said directly, after wards, "I have heard of a place at Richmond; there is about thirty-four acres of it, and it is either 3l. 5s. or 3l. 10s. an acre," and asked if I thought it too much—he said a gentleman, a friend of his, wanted such a thing, and if he could hear of something of the kind he would get him (Bishop) to manage it for him—I asked him what sort of land it was—he said, part was arable and part meadow land—I asked what sort of a house it was—he said it was not so large as the gentleman wanted, but if he took it, he would make it larger by adding two or three more rooms to it—on one occasion, I believe in November, he told me the gentleman he wanted it for was the father of the two little boys that Mrs. Bishop had to nurse, and the gentleman that Hopkins carried drapery-goods for—when I next saw him in Nov., he told me that the gentleman had agreed to take the house and land—I asked how much it would come to; he said it would cost between 300l. and 400l.—the next time I saw him was on 2d Dec.; he called to know if I could find room for him to put up his master's pony and cart, and he told me the gentleman had concluded about the farm, and had paid the money—I asked how much it would cost, he said over 400l.—he brought the pony and cart that night, and continued to do so at intervals till 31st terms—he was a gentleman's gardener—I remember his winning a prize in a

Dec.—on one occasion I noticed that there was no name on the cart, and told him so—he said, "Why, my governor talks about having the name put on, but I don't know when he will"—I told him that his governor was running ping a risk by it—he sometimes brought the pony without the cart, and then said he had left it at home to get it loaded by the morning; and sometimes, when I have asked how they got on at the farm to-day, he has said, "I really don't know, I have not been able to be there;" and at other times he told me he had to so to Camden-town two or three times daring the day—I knew his governor lived in Camden-towts, but I did not know him by Swan till a few days before he became bankrupt—he had had some gooseberries from me the season before, which had been sent there, and I knew it was the same person that Hopkins carried the drapery goods for—I knew Bishop in 1844 and 1845—in 1844 he lived with Mr. Patterson, in Farm-lane, as gardener, and his wife lived in the house, and managed it—in February, 1845, I asked him how he was gettingon; and he said "Very badly indeed, for I have got nothing at all to do"—he was out of employment at the time—the last time he brought the pony and cart to my place was on 31st Dec, 1848—I then asked him if he had been at market during the week—he said yes—I asked him what sort of a market it was—he told me a very had one indeed; and said, "If I have many such markets as this, it will give me the sick;" and after a pause, said, "But I do not care so long as I can make the thing pay, and give my master satisfaction"—my wife was then present—I am quite sure he mentioned his master—he called at my place on 3d July—he said he called to see how we were; and I wished to put him on his guard, that he might not criminate himself, because 1 then had to attend the Bankruptcy Court—I said, "Why there is a bit of bother about the farm is there not?"—he said there was; and I told Mm that parties had been to me respecting it, and I had been to the Court—he seemed to be very cross with me, and seemed to make out that I was an informer, and had done it for gain—he complained of Hopkins's conduct towards him in giving information, and that what he had done he had dose for the sake of reward.

Cross-examined. Q. You cannot tell exactly what he said to you? A. No, I do not recollect it, or what he said about Hopkins—he seemed very much excited—I am quite sure I am accurate in representing that passed five years ago, and on 3d July—I am not to receive a farthing for this—I should not have given any information if I had not been applied to—Mr. Jones came to me—I suppose Hopkins told him—I did not know that he was going to do so—I have been intimate with Hopkins for years—he said, if any letters came for him to my house, would I take them in; and several came from his brother in Norfolk, I believe—he has never lived with me—I never knew him by the name of King or Watts—I cannot say exactly when I first saw Mr. Jones—it was some time in June, at my own place—he called on me and took down my statement, and I was sworn to the truth of it in the Bankruptcy Court—I saw a bill up in Mr. Jones' office, offering a reward for any concealed property—Hopkins was not then with me—I never saw that bill with Hopkins—we have never been oat togehter—I told him a day or two after that I had seen the bill—I am not to have any of the reward; 1 do not expect it, and do not want it—I have had my expenses paid for attending Croydon, and 18d. a day for attending at Guildhal—I was subpœnaed to Croydon, and was called into the witness-box, but some objection was taken and I was not sworn—I was not at the Surrey Sessions—nothing particular induced me to tell Hopkins I had seen the bill—I have had no conversation with Mr. Jones about the reward, or with Mr. Parrington—I

know Hopkins lodged with Bishop some years—I do not know how he came to leave—Bishop told me he had some words—I did not know it from Hopkins.

CATHERINE MOORE . I am wife of last witness, and know Bishop—I have frequently been present when he and my husband were together-Bishop inquired of my husband if he knew of a farm, and when he had taken this farm, he came and told my husband so—he said he was taking it for his governor—he said he was a draper, and the father of the children Mrs. Bishop had to nurse—he said he was to manage it—he said it was the person Hopkins carried the goods for—I recollect seeing him on Sunday, 31st Dec.—he said the prices were very bad at market, and he was afraid he should not give his governor satisfaction if things went on like that—I heard from him that he had won money at a Derby sweep—it was on a Saturday evening, at the latter part of 1846, I met him and congratulated him on his good fortune, as he had been out of work some time—he said, "Yes, it will enable us to pay a few bills"—I believe he said something about a doctor's bill, and that his daughter had been out of her mind.

Cross-examined. Q. Is Hopkins a friend of yours and your husband's? A. No, we only knew him by living at Bishop's—I was not examined at the Bankruptcy Court—I have not seen any reward—my husband is not to have 5 per cent, and Hopkins the other 5, that I know of—if he was, I am sure he would have told me—this is the first I have heard of it—I never heard Hopkins was to have any reward—I heard my husband say, when he went to the Court, he saw it written up or printed—he was summoned to the Court

JOHN KNIGHT . I am a butcher, at Walham-green. I let Bishop a cottage, in a field called Farm-lane—he came to me before Christmas, to pay the rent—I said I understood he was going to Richmond, and asked him if he should require the cottage now he had got another situation—he said he was not certain whether he should continue there or not, his wife was there, keeping a nursery of children, and he should retain the cottage for the benefit of his family.

Cross-examined, Q. How long had be occupied this cottage? A. Since 1844—he always paid his rent regularly—he had lodgers—when he took the farm he let the cottage to a person named Tillyer, who is there now, but he continued responsible for the rent; and paid it—I never knew anything to his disparagement.

STEPHEN WOODLAND . I am a brewer. I was the former proprietor of the Park-farm—there was a valuation made of the farm and stock before Bishop came in, altogether it was 349l. 5s.—Bishop had the valuation paper (John Edward Largess, clerk to Mr. Jones, proved the service of a notice left at the office of Mr. Price, the prisoner's attorney, to produce this paper, but this notice was held not to be sufficient)—Bishop paid me 349l. 5s.;50l. deposit, a few days before Christmas I believe, and the rest, 299l. 5s., at Christmas, or a day or two after—Mr. Fricker, the auctioner who drew up the writing, was present when he paid it—Swan was on the premises, but whether he was in-doors or not I could not swear—I believe I only saw Swan once before the purchase—I was not present at any conversation between Swan and Bishop about the farm or about the money—Bishop did not tell me anything about who he was purchasing it for, neither before or since—Bishop came two or three times, by himself first—I once saw him and Swan together, before the purchase—I do not know that Swan interfered at all about the farm—Bishop talked to me about it, he asked me if I would let it, that was when Swan was present—Bishop never told me from whom he received the money to purchase the farm—I was not examined before the Commissioner

I was examined, but not before him; this is my writing—I cannot read writing unless it is very plain—I cannot read this—I made a statement, which was taken down.

MR. JONES re-examined. I examined Woodland, at the Bankruptcy Court on 8th Nov., it was taken down in writing by my clerk, and read over him and signed, and then acknowledged before the Commissioner to be true—his attention was particularly called to the contents of it—he did not give me this statement until I had promised him that he should not be prosecuted for the former one. (The Court did not allow this to be read.)

STEPHEN WOODLAND re-examined. The 299l. was paid at one time in notes and gold—one was a 200l. note—Bishop had a pony there—he told it was his own—I understood from him that he had bought it at the hammer—before that, when they came down with it, they told me it was Mr. Swan's pony, and when they came to look at the farm after that, I understood Bishop to say he had bought it at the hammer—I have never asked not be prosecuted for this.

Cross-examined. Q. There is a lease, is there not? A. Yes; I did not dispose of the whole interest in the farm—I still was Bishop's landlord—the whole of the farm came to about 102l. a year—it belonged to Sir Charles Price, and he made me keep my term out.

MR. CLARKSON. Q. Have you ever heard from Bishop where he got the money to purchase the farm? A. No more than he told me, that Mr. Swan lent him a little money, he did not say how much, bat the rest was his

THOMAS WILLIAM DUFF . I am a clerk in the Bank of England, and am her-in-law to Hopkins. On 16th June, 1846, he introduced a person to named Bishop—I do not recollect him—25l. was handed to me, which I invested in the 31l. 4 per cent, stock (referring to the book); 5l. 15s. 5d?. of that sold out on 10th July, and the remainder on the 30th—these transfers signed "Charles Bishop."

MR. JONES (re-examined.) I have seen Bishop write, and believe these signatures to be his writing. NOT GUILTY .

NEW COURT.—Monday, November 26th 1849.



Before Edward Bullock, Esq., and the Fifth Jury.

26th November 1849
Reference Numbert18491126-2
VerdictsGuilty > pleaded guilty; Guilty > unknown
SentencesImprisonment; Imprisonment

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2. CHARLES JONES , stealing 13 metal screws, value 26s.; the goods of Joseph Barber, his master: and JACOB VANDENBERG , feloniously receiving the same: to which

JONES pleaded GUILTY . Aged 26.— Confined Twelve Months ,

MESSRS. HUDDLESTON and O'BRIEN conducted the Prosecution.

CHARLES MOULTON . I am in the employ of Mr. Barker, of Lower Thames-street. Jones was occasionally employed under me as a labourer—the painter's shop is a short distance from the warehouse—on 22d Sept. I found the carpenter's shop was open—I missed the key of the painter's shop—I went to the painter's shop, and missed a cask of white lead which weighed 21l. 4 cwt., and another cask containing a small portion of white lead; they bad been safe on the evening before—in two or three hours afterwards I missed the screws of the ventilators of the windows on the wharf—these are the description

of screws I missed—they are the property of Mr. Joseph Barber—I believe this to be the cask which contained the white lead—it had a head to it when it was in the shop—the marks on this head correspond with the delivery-order—I have not the least doubt but this is the head of one of the casks—I have the delivery-order, which came about a fortnight before the lead was stolen—I bad observed that the screws were safe about the middle of the day on Friday—Jones had been at work on the Friday, at the warehouse; I expected him to come to work on the Saturday, but he did not.

Cross-examined by MR. PARNELL. Q. How long had Jones been working there? A. Two or three years—he was employed on the wharf—he was a daily labourer—I was before the Magistrate—I think there was one witness called on behalf of Vandenberg; he gave his evidence on oath, I think it was taken down—Jones made a statement, I cannot say whether Vandenberg did—I have not been in communication with Jones since he was committed, and I know Mr. Barber has not—T know these screws by their fitting to the places where they came from, and I have an instrument I had made for them. GEORGE HYDE (City-policeman, 516). On Saturday, 22d Sept., I went to Jones's lodgings—I found a waistcoat with marks of white lead on it; I found marks of white lead on the street-door and on the banisters, they appeared to have been made by the hand in running up and down stairs—I went to his house between ten and eleven o'clock; he was not at home—I apprehended him about six that evening, in Aldgate—when he saw me he ran away—when I told him what he was charged with, he made no reply—I went the same evening to Vandenberg's shop, in Rosemary-lane—he was in the shop—he asked me what I wanted—I said, "I want you for one thing, and I want that white lead beside, that has been brought in here"—he said, "What white lead do you mean?"—I said, "You know all about it: I mean that white lead brought here this morning or last night, one of the two"—he said, "O! here it is," taking a piece of wood off the top of it—it was standing behind the weighing-machine in the shop—it was in this cask—you could not see where it was without its being pointed out—there was some old bagging or matting placed up in front of it—Vandenberg said he had been looking after Sergeant Kelly—he said he had been to the station-house for him, and been inquiring in the neighbourhood for him—he said he had been all day looking for the police—I know the neighbourhood of Rosemary-lane; there are policemen on the beat there—I saw one or two policemen in the course of the day—Vandenberg asked if I was going to take him as a witness; and he said, two or three times, "Can't you take me as a witness?"—I said, "No, I take you as a receiver"—I took him to Leman-street station—there was a large piece of wood on the cask when he showed it to me—this head of the cask came from the painter's shop at the prosecutors—when Vandenberg was at the station he said he gave a man (6s. on it, but he did not mean to buy it—I left him in the station, and I went back to his house with Foay and made a further search—we found three or four putty-knives, some bell-pulls, and new brass articles; and thirteen screws were found by Foay, under the counter—a party named Lloyd owned some of the articles.

Cross-examined. Q. Were you in plain clothes when you went there? A. Yes, I had never spoken to Vandenberg before—when I said I wanted the lead brought there that morning, he pointed it out—his house is in the H division of police—I could not see the place where the lead was, on going into the shop, unless it had been pointed out—you could not see it without pulling the bagging down—it is a marine-store dealer's shop—I never routed out the stock of a marine store-dealer before—I thought it rather odd to find these

things—I thought they did not deal in new gas fittings and other things—I took them all away—I do not know that there is a charge against him for any thing but the lead and these screws—one of these putty knives that we fouud had white lead on it, which was wet when we found it.

CORNELIUS FOAY (police-sergeant, 7 H). On that evening I went with Hyde to Vandenberg's shop in Rosemary-lane—I found these thirteen screws in a small canvas bag under the counter—the bag was under a great many things, such as metal, iron, and copper—I had to remove them before I could get the bag—I know Rosemary-lane well—on Saturday, 22d Sept., I was on duty there—I passed Vandenberg's house twice, from ten to twelve o'clock—I was on duty there five hours wearing my uniform—I have been doing duty in that part thirteen years—I said to Vandenberg at the station, "How do you account for these screws?"—he said, "The man brought them who brought the lead."

Cross-examined. Q. Had you known him before? A. Yes, ever since he has been there, about four years—I believe he has borne the character of an honest tradesman—he has given information to the police, and he has been charged—he has given evidence on charges of which be himself gave the first information—he said he had advanced money on these goods—I did not hear him say he had advanced the money to insure the man coming again on the Monday.

GEORGE LATRULLE . I believe this is the lead that my master supplied to Mr. Barber—it was worth 28s. a cwt.—a cask of this size would weigh about two hundredweight and a quarter.

BENJAMIN ASHER . I live in Rosemary-lane I know Vandenberg quite well—on Saturday morning, 2d Sept., I saw him, and had some conversation with him—he asked me the price of white lead—I told him about 18s., a hundredweight, but what I sent to my son was a guinea—I said, "Have you got some to sell?"—he said no, but he thought he should send his brother a sample of a couple of pounds—I said he had better send a quarter of a hundredweight in a cask.

Cross-examined, Q. What are you? A. A general dealer and an importer of window-glass-1 think it was early in the morning when I saw Vandenberg—it was not later than ten o'clock—I was showing my grandchild some things on Tower-hill—I cannot say which way Vandenberg came to me, or which way he went.

HENRY JONES . I am the brother of the prisoner Jones. I was at the Blue Anchor, in Rosemary-lane, on 22d Sept., between eleven and twelve o'clock—I met my brother—we were standing together, and Vandenberg passed us—my brother said to him, "You had better let me have some more, and let me go"—Vandenberg said, ""No"—he passed on, and went indoors—my brother followed him—I waited outside—I was going home when I met my brother.

Cross-examined. Q. What time was this? A. Half-past eleven o'clock—I was paid off at eleven, from Mr. Barber's quay—I have been in the habit of working there—I live in Sandy's-row, Bishopsgate—I work on the quay, but not with my brother—we do not take our meals together—I do not know what time he went away on the Friday night—I was paid off between four and five—I do not know whether he was gone then—I am twenty-three years old; he is older than I am—I worked three years and a half at the corner of Artillery-passage—it is a cheesemonger and grocer's, and all sorts of things—I have never been in any trouble—Mr. Hyde found

me out as a witness soon after the transaction—I was not taken as a witness before the Magistrate—I was here last Session—I have not seen my brother since the day the transaction occurred—I have not received any message from him—I have not seen anybody but Mr. Hyde and two gentlemen at the Mansion-house—I knew nothing about my brother taking this, nor how it was he was not gone hack to work—when I saw him that morning I did not inquire why he had not been to work—he was inquired for that morning, and they asked me if I had seen him, and if I knew where he lived—I was paid off as soon as the barge was emptied—I was only an extra man—I did not ask my brother what it was that Mr. Vandenberg was to let him have a little more for—I took no notice of it.

MR. O'BRIEN. Q. When were you paid that morning? A, At eleven o'clock—I was paid 9d.—I have been at work there since—I was at work there last Friday.

CHARLES LATHAOE JONES (the prisoner). I was in the habit of working at Mr. Barber's occasionally—I was at work on Friday, the 21st Sept., and left work at half-past five o'clock—I took these screws from the fanlights in the warehouse where I had been at work—I took some of them in my pocket to a public-house, and placed them in a water-closet—I went back and brought the remainder—I do not know how many there were—having brought them together, I put them into my pocket, and went to Vandenberg's, in Rosemary-lane—I got there about seven o'clock; his shop was open, his wife was there, and after she had weighed the screws he came in—she told him they weighed 91l. 2lbs., and told him to pay me—I said, no, it was 81l. 2lbs. and he paid me half-a-crown for them—he asked me where I got them from—I said, "From Brewer's Quay"—he asked me if I had broken them off anywhere—I said, "No, I unscrewed them"—he looked at them, and pulled a piece of leather washer off one of them, and threw it away—he knew where I had been at work—he knew me, and knew men who were at work with me, men who were in the habit of bringing things to his place—he asked me if I had anything else—I told him, no, I had not—he said, what a fool I was, working amongst so much—I asked him if he could buy some white lead—he said, yes, but he could not give so much for it as for lead—I asked him what he could give me a cwt. for it—he said 9s.; that was 1s. less than he was in the habit of giving for lead—he asked me if I could get some—I said, yes—he asked me how much—I said I thought about two or three cwt.—he told me if I brought it that night, and the shop was shut, I should go round to the side-door in the court—I then went away—I went between eleven and twelve that night—the shop was shut; I went to the side-door, a female answered, and asked what I wanted—I said, Vandenberg—she said he was not at home—while I was there, Vandenberg and another man came to the front door—they went in, and I went in to them—I do not know who the other man was, but he was a witness for Vandenberg—Vandenberg asked if I had got the white lead—I said I had not got it with me—he said I had better bring it in the morning, at seven—I went about a quarter or half-past seven—I took part of the white lead with me, which I took from the place where I had put it on the evening before (I had originally got it from Mr. Barber's premises)—I took better than half of the lead, and left it in the shop—I saw a female there—I went back and fetched the remainder—I then saw Vandenberg in the shop—he told me to put it on the weighing-machine, which I did, for the purpose of putting it off my shoulders—he then told me to put it on the ground, and to put the remainder in it that I had brought before—I then put as much as I

could with a trowel, which he lent me, to take it out of one cask to put it in the other—he then lent me a putty-knife to scrape my hands—it was such a one as this—after I had scraped the lead out with the trowel, there was some left in the cask—I took that away in the cask—what I left was 2cwt. lqr. and 14lbs.—it would have weighed more, but he told me he should take that on his own account, on account of the cask not being placed right in the scale—he was to pay me 9s. a cwt. for it—he told me to take the casks away—I said he might as well pay me the money—he said, "No, take them away first"—I went out at the side-door—I had the empty casks with me, and a bag which he lent me to prevent the lead getting on my clothes—I took away one cask and a half-cask to a short distance, not two hundred yards off—I went back in about a quarter of an hour, and asked him for the money—he said he had got to go to the Bank to get it, and I had better come at ten—I went back at ten; he was not at home—I came back at eleven, and he was not at home—I came at twelve, and he was not at home—I came back at a quarter-past twelve; he was then at home—he said he had been all the morning looking for a customer and could not find one, but he expected a gentleman on Monday morning who would buy it, and, if I liked, I might take 5s., and he would pay the remainder on Monday morning—I had calculated that it would come to 1l. 1s. 41l. 2d.—I did not take the 5s.—I told him that was no use to me—I came out of the shop—he came out and went into the Blue Anchor—he came out again, and went into hit own house with a pair of shoes—I went into his house—a man came in to buy some rope, or something, and paid him some money as a deposit—I waited, and he said if I liked I might have 6s., or come at night and take the stuff—I took the 6s., as I knew if I came back for the stuff he would give me into custody—I left the house—I saw my brother that morning in Rosemary-lane, between twelve and one.

Cross-examined, Q. Did your brother know why you had not gone to work that morning? A. I dare say he did, I told him—I was tried here last August twelve months, and suffered nine months for some lead—I came out on the 19th of last May—that was the only time I was in trouble—I was twenty-six years old last Jan.—I saw my brother once when I was in the House of Detention—I have not seen Mr. Hobler, only in Court—Mr. Hobler's clerk came once on account of my sending for him—I do not expect to be treated more leniently on account of what I have said—it is for the pure love of justice that I have come forward—I made a statement at the police-office, it was taken down; I did not sign it, it was taken in a private office, after I had had my hearing—Mr. Roach was present.

Witnesses for the Defence,

ALEXANDER VERVIER . I am a cigar-maker, and live in Bell-lane, Spitaifields. I have known Vandenberg for eight years—he is a foreigner, and a countryman of mine—he has borne a very good character—I was with him on 22d Sept.; I went to his house and saw him between nine and ten o'clock in the morning; he said, "Will you be so kind as to go with me to Holborn?"—I went with him, and was in his company from ten o'clock till two—we went back to his house between two and three o'clock—as we were going along we met Mr. Asher—I did not speak to him—I stood at a little distance—Vandenberg said it was a friend of his, and he would go and speak to him—he having spoken to him, we went on—when we got back to Vandenberg's house there was no one there, but after some time the prisoner Jones came in—he said "Have you seen that white lead that stands there?"—Vandenberg said," "No""—Jones said, "There it stands," and he showed it

him—Vandenberg said, "I can't buy it; it is out of my line: if you will leave it here till Monday in the day time, I shall make some inquiry about it and send you somewhere where you can sell it"—Jones said, "Will you weigh the brass that is there?"—Vandenberg said, "No, leave it here altogether till Monday"—Jones said, "Will you be so kind as to give me 6s. to pay my rent?" and so he did—after he was gone Vandenberg said to me, "Vervier, will you do me the favour to go down to the police-station and inquire for Sergeant Kelly?"—I was going towards Leraan-street, and on the road I met the officer Weakford—I asked him if he could tell me where Sergeant Kelly was—in consequence of what he said, I did not go to the station.

Cross-examined by MR. O'BRIEN. Q. Was Jones the man that you saw in the shop? (pointing to Jones.) A. Yes, it was almost two o'clock when I saw him—I saw Vandenberg between nine and ten o'clock that morning—I was with him—I only went to take a walk; I went on no business—I am in the habit of going to his house to take a walk every Saturday—I did not see Jones as early as a quarter-past seven o'clock that morning—I will swear that—I had never seen him there before that day—I was not there on the Friday night—I was there on the Wednesday before—I did not see the white lead—Jones showed it to Vandenberg—it was behind the weighing machine—Jones said to Vandenberg, "Have you seen that white lead?" and he said, "Will you be so kind as to give me 6s. to pay my rent?"—he addressed him as an old acquaintance—he said, "Will you weigh the brass?"—I am sure he did not say, "Will you do me the favour to weigh the brass?"—this is my handwriting to this deposition (the deposition being read, contained the words, "Jones said, 'Will you do me the favour to weigh the brass'")—it might be so—I left Mr. Vandenberg that day directly I came back from Leman-street—I only staid with him five minutes—I came back again that night, and he was in custody—the brass stood next the counter—I did not see it, only a small bag—I did not wait to see it weighed—he said, "Leave it here altogether, the brass and white lead and all"—I came back about seven o'clock on the Saturday evening—I heard nothing said about the price of the white lead, and no money was paid for the brass.

THOMAS WEAKFORD (police-sergeant, H 5). I belong to Leman-street station. I saw a person, who I believe was Mr. Vervier, between two and three o'clock on 22d Sept, about 100 yards from the station—he asked if Sergeant Kelly was in the station—I had not seen Sergeant Kelly that day—the most likely time to see him was in the evening.

MR. O'BRIEN to CHARLES JONES. Q. Did you see Vervier the night before? A. Yes, and the next day I saw him between twelve and one.

COURT. Q. Did you see this brother here when you were in the House of Detention? A. No, not this one; I saw Alfred once.

(Vandenberg received a good character.) VANDENBERG— GUILTY .

Aged 36.— Confined Twelve Months.

26th November 1849
Reference Numbert18491126-3
VerdictGuilty > pleaded guilty

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3. HENRY JAMES , stealing 1 spoon, value 4s. 6d.; the goods of Charles Cowney: to which he pleaded

GUILTY . Aged 61.— Confined Six Months.

26th November 1849
Reference Numbert18491126-4
VerdictGuilty > pleaded guilty

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4. JOHN WEBSTER , stealing 2 watches, value 9l. 10s.; the goods of Amelia Peachey; in her dwelling-house: to which he pleaded

GUILTY . Aged 40.— Confined Twelve Months.

26th November 1849
Reference Numbert18491126-5
VerdictGuilty > pleaded guilty

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5. HENRY HERBERT , stealing 3 shawls and other articles; value 8l.; the goods of Francis Augustus Mouque; in his dwelling-house: to which he pleaded GUILTY . Aged 25.— Confined Twelve Months.

26th November 1849
Reference Numbert18491126-6
VerdictGuilty > pleaded guilty

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6. ELIZA WATSON , stealing 91l. 2 yards of printed cotton, value 3s.; the goods of Zephaniah Simpson and another: to which she pleaded

GUILTY . Aged 33.— Confined Six Months ,

26th November 1849
Reference Numbert18491126-7
VerdictGuilty > pleaded guilty

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7. THOMAS PHEBY , embezzling the sums of 15s. 6d.; also 4s.; the moneys of Isaac John Reddall, his master: to which he pleaded

GUILTY . Aged 28.— Confined Eight Months.

26th November 1849
Reference Numbert18491126-8
VerdictGuilty > pleaded guilty; Not Guilty > unknown

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8. JOHN HOOPER and THOMAS POPE , stealing 1 blanket, value 2s.; the goods of Mary Gillett: to which

POPE pleaded GUILTY . Aged 18.— Confined Four Months.

MARY ANN GILLETT . I am a widow, and live in Bacon-street, Bethnal-green. About seven o'clock in the evening, on 26th Oct., I saw Pope in my yard—he took a blanket off a line that I had put it on—I called out, and he dropped it—I came down, and saw Hooper at the street-door—a person was holding him—this is my blanket—I went in the yard, and picked it off the ground.

JOSEPH CARR . I live two doors from the prosecutrix. I heard an alarm about seven o'clock that evening—I went down, and saw Pope in the corner of the yard.

JOHN SKUCE . I live next door to the prosecutrix. I beard a disturbance, and ran into the passage—I saw Hooper in the passage—I stopped him—I asked what he was doing; he said, "Nothing"—I stood before him till the officer came, and the prosecutrix gave him into custody.

WILLIAM BLAKE (policeman). I took the prisoners. I heard Hooper say if Mrs. Gillett did not give him into custody he would give her some halfpence.

Hooper's Defence. I was coming home, and was taken very ill; I was going to the back place; I had taken two steps in the house, and the man took me.


26th November 1849
Reference Numbert18491126-9
VerdictNot Guilty > unknown

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9. JOHN WOODEN , stealing 1 shovel, value 2s.; the goods of John Reed.

JOHN REED . I was working on the Accommodation-road, at Staines—on Saturday, 27th Oct., I used a shovel, and when I had done work I put it into the locker-house, with other tools—I went back to work on the Tuesday morning, and the shovel was gone—I gave information to the police—this is my shovel (produced).

Prisoner. Q. How do you swear to it? A. By this private mark on it.

GEORGE BEACH . I am a labourer on the Windsor and Staines Railway. On 8th Nov. I broke my shovel—I was going to get another, and met the prisoner—he spoke to me, and said, "You have had an accident?"—I said, "Yes, I have broken my shovel; have you one you can sell me?"—he said, "Yes, I have a new one at home; it cost me 3s. 3d.; I have not used it much"—he went, and came back with this shovel—I gave him a half-crown, which he asked me for it—this produced is it.

WALTER YOUNG . I am superintendent of the line of the Windsor and Staines Railway. In consequence of information, I spoke to Beech, and got this shovel from him.

WALTER LEE (police-sergeant, T 7). I heard of the loss of this shovel—I went to Mr. Young, and got it from him—it was covered with mud, and the prosecutor said, "If it is mine there is a flaw in this part," which there is.

JOHN REED re-examined. This is my shovel—I broke a bit off this corner when I was forming the foot-path along the Accommodation-road, and there is a flaw in this part—I often noticed it myself, that it would be a good mark of know it by.

Prisoner's Defence. It is my own shovel, I had had it three weeks; I gave 3s. 3d. for it; I had not used it for some time; here is my name on it; I did not steal it, I bought it when I was at work on the line.


26th November 1849
Reference Numbert18491126-10
VerdictGuilty > unknown

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10. JOSEPH IRONS , stealing 1 scythe, value 5s.; the goods of William Wright.

WILLIAM WRIGHT . I live at Chesham. I had a scythe, which I was at work with on 16th June, in the parish of Harefield—about six o'clock that Saturday night I left it in the meadow, covered over—I went to work again on the Monday morning, about half-past three, and my scythe was gone—I found it the same afternoon, with David Greige—I gave it to Brown, the officer; this is it, I know it by this hook, which I ground down, and ground a bit of the rabbit off with it.

DAVID GREIGE . I am a labourer, at Harrow. On Monday, 18th June, I borrowed a scythe of Thomas Bray.

THOMAS BRAT . I got this scythe from the prisoner on 17th June—I was to give him 2s. for it, but I had no money then—I said I would pay him on Monday night—I know the prisoner; he lived at Harefield—I saw him again on Monday, the 18th.

WILLIAM BROWN (policeman). This scythe was delivered to me by Wright—the prisoner ran away—I could not find him till 19th Nov., when I apprehended him.

Prisoner's Defence, I found it down in the field.

GUILTY . Aged 19.— Confined One Month ,

OLD COURT.—Tuesday, November 27th, 1489.


Before Mr. Recorder and the Second Jury.

26th November 1849
Reference Numbert18491126-11
VerdictGuilty > unknown

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11. MARGARET MITCHELL , stealing 3 half-crowns, 7 shillings, 2 pence, and 1 halfpenny, the moneys of Johan Kauth, from his person; having been before convicted.

JOH AN KAUTH (through an interpreter). I am a baker, and live at 2, Tabernacle-square. On Saturday evening, 28th Oct., I saw the prisoner on Holborn-hill—she took me by the hand, and put the other hand in my pocket—she spoke to me, but I did not understand her—I held her, and called out for the police—I had 15s. 2 1/2 d. in my pocket—the prisoner took out three half-crowns, seven shillings, and 2 1/2 d., and left 6d. in my pocket—I know I had my money in my pocket at the time—I had bought two handkerchiefs in a shop on Holborn-hill only a few minutes before, and my money was safe then.

Prisoner. He spoke to me, and asked if I would take a walk in Hatton-garden with him, and I did so. Witness. I cannot speak English, so I could not ask her—I did not speak to her—I was waiting at the corner for a friend named Peter Haile, who has gone to Germany.

Prisoner. He gave me the 2 1l. 2 d. to do as he thought proper; he wanted it hack, and because I would not give it him he called the policeman. Witness. I did not.

GEORGE TEMLBTT . I was formerly in the G division of police, No. 110; I have left. On Saturday, 28th Oct., at a quarter-past twelve o'clock—I found the prisoner at the corner of Hatton-garden—the prosecutor had hold of her by the hand—by his motions I understood that she had picked his pocket—she said she had not—she had 21l. 2d. in her hand—I asked where she got it—she said the prosecutor had given it her.

ELIZA VOLLER . I am the wife of John Voller, a policeman. I searched the prisoner at the station—she said she had nothing about her—she had nothing in her hand then—I insisted on her undressing, to which she objected. very much—in the course of taking off her clothes, she got half a-crown in her hand, out of her bosom—I had a job to get it from her—she said it was her own, and she had not anything more about her—I afterwards found another half-crown in her hand—I consider she took it out of the top of her stocking—I was obliged to get assistance to take it out of her hand.

Prisoner's Defence. I had the money before I met the prosecutor.

GEORGE TEMLETT re-examined. I had to take her about half-a-mile to the station—we passed several gratings—she kept jumping and struggling—she was a very awkward person to take—it was as much as I and another officer could do to take her—she might have got rid of some of the money by shaking it away, if she had it loose about her clothes—I had her by myself before I got assistance, and there was a party of bad characters behind her, to whom she might have got rid of it.

CHARLES STREET (policeman, A 405). I produce a certificate, which I got from Mr. Clark's office—(read—Margaret Mitchell, Convicted, Oct., 1848, of larceny from the person, and confined one year)—I was present—the prisoner is the person.

GUILTY . Aged 22.— Transported for Ten Years.

26th November 1849
Reference Numbert18491126-12
VerdictGuilty > unknown

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12. GEORGE DAVIS , stealing 4 shawls, 2 fur boas, and 1 wooden box, value 3l. 18s. 4d., the goods of the South Eastern Railway Company; having been before convicted.

MESSRS. BODKIN and COOPER conducted the Prosecution,

JAMES DURRANT . I live at 1, Cole's-place, Dover-road, and am carman to the South-Eastern Railway Company. On Friday evening, 26th Oct., I was out with a van, delivering parcels—I stopped at Silsey's, in Watling-street, to deliver a bale of goods, and left a lad in the van to mind it—the horse's head was turned towards St. Paul's-churchyard, and we were on the opposite side of the road to Silsey's—I returned in about two minutes, and missed the box—I then drove the van on to the first cab-stand in St. Paul's-church-yard, and saw two persons, the prisoner and another, in the act of getting into a cab with the box in their possession—I jumped down off the box of the van, and said, "That is my box," and with that both the persons ran away—I pursued the prisoner, and gave him into custody—at the time I claimed the box they were both in the act of getting into the cab—the box was in the prisoner's hand.

Cross-examined by MR. COCKLE. Q. The other man was a tall, well-dressed

man, was he not? A. He was a well-dressed man, as far as I could see—neither of them were in the cab—the other man had the handle of the cab-door in his hand—this is the box (produced)—it weighs about 12lbs.—one of them ran in one direction, and one in the other—the cab-stand is about seventy-five or eighty yards from where I lost the box—it was the first cat-stand from Silsey's place.

WILLIAM MUNDY . I am in the employ of the South-Eastern Railway, at the goods station. I accompanied the van driven by Durrant on 26th Oct.—we stopped opposite Silsey's warehouse in Watling-street—Durrant went in with a bale of goods—while he was gone in, I moved two boxes in the van—I was to get them ready for St. Paul's-churchyard—the box produced is one of the two I moved—it was the smallest—I put it on the side of the van, and the other behind me, when a well-dressed man came up, and asked me the way to Pickford's—I told him—Durrant came out in about two minutes, and directly missed the box—I did not miss it till Durrant came out—we then drove to the nearest cat-stand, and I saw the two persons—the prisoner had the box under his arm, and the other was the tall, well-dressed man that had asked me the way to Pickford's—he had the handle of the cao-door in his hand.

Cross-examined. Q. Did you go to the station with the policeman? A. No, I stopped to mind the van—T saw the prisoner taken into custody—I did not go to the station at all—I had had no conversation with the policeman.

WILLIAM BLEACH (City-policeman, 363). On the evening of 26th Oct., I was in St. Paul's-churchyard, and saw the prisoner standing behind a carrier's cart—I watched him about ten minutes—he went towards Watling-street, and I lost sight of him—I saw him again in seven or ten minutes, coming along with several more people, walking close up inside the pavement in St. Paul's-churchyard, from Watling-street—I did not see what he had—I saw the cab turn out to go across the road—immediately I saw the man jump off from the box, and I saw the prisoner with the box on his arm—I have seen the prisoner before—he had a tall man with him, dressed in dark clothes.

ROBERT BRANFORD (police-sergeant, M 12). I have known the prisoner for some time, and have seen him with a tall man, about five feet ten inches high, nightly before this robbery.

WILLIAM. STANLEY . I am warehouseman to John Fahhaw Pawson and others. This box was opened in my presence—the property in it is theirs—it is worth about 8l. 15s., and had come by the South-Eastern Railway.

Cross-examined. Q. Had it arrived? A. No, it was on its way ftom Ash-ford, and had come by the luggage-train—no one had gone out of our ware-house to it—the driver of the cart came and told our warehouseman he had two packages for us—the warehouseman did not then go out—the man then found he had only brought one, and two were entered in his book.

JAMES DURRANT re-examined. I brought the parcel from the Bricklayers' Arms goods station of the South-Eastern Railway—I am employed there to deliver goods—this box was under my charge to deliver.

ROBERT BRANFORD re-examined. I produce a certificate—(read—George Davis, convicted April, 1845, of burglary, and confined two years)—I was present at the trial—the prisoner is the person.

GUILTY . Aged 30.— Transported for Ten Years.

26th November 1849
Reference Numbert18491126-13
VerdictNot Guilty > unknown

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13. GEORGE BATTLEY , feloniously receiving 82lbs. weight of iron, value 2s., the goods of John Ramsey,

MR. COOPER conducted the Prosecution.

JOHN RAMSEY . I live at 1, Upper Penton-street—I had an empty house in Halfmoon-crescent, Islington, with iron railings before it, several of which I found broken in pieces abont a month ago—Harris brought me a few pieces of iron railing, which corresponded with that before my house—I think they had been broken by boys first, and then taken away—I have not the least doubt they belong to me.

WILLIAM HARRIS (policeman, N 112). On 23d Oct I went to the prisoner's house on another charge, and found these pieces of iron (produced)—I went again about four o'clock, and received a key from a female who I believe to be the prisoner's wife, in his presence—I opened a closet in the passage with it, and found 82 lbs. of iron bars, all newly broken—I asked the prisoner where he got them—the female said they were brought there in whole bars, and they broke them up themselves—this piece which I found there fits these two other pieces which Mr. Ramsey gave me.

Cross-examined by MR. PAYNE. Q. What time did you first go to the house? A. About nine o'clock in the morning—this was about four in the afternoon.(The prisoner received a good character.) NOT GUILTY .

26th November 1849
Reference Numbert18491126-13a
VerdictNot Guilty > unknown

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13a. GEORGE BATTLEY was again indicted for feloniously receiving 1 copper-boiler, value 10s.; the goods of Robert James Stuckey.

WILLIAM HARRIS (policeman, N 112). On 23d Oct., I was on the watch in Caledonian-street, and saw footmarks on the railings, as if somebody had got in at the window, which was unfastened—I went in, and missed the boiler and a quantity of lead pipe—about nine o'clock, I and Walter went to the prisoner's house; Walter asked if there had been a copper brought there last night—the prisoner said, "No"—Walter said he was satisfied there had—the prisoner said he had stopped a copper at nine the night previous, which was brought there by two boys, but he should not know them again—I asked him to let me look at it—he unlocked a door under the stairs, and brought it out from the closet—I put a mark on it and left it there, telling him to take care of it—I went again about half-past two with Walter, and Walker, the landlord's agent—we told the prisoner we came for the copper—he said, "What am I to do? a man has been here for it, who says he sent the boys with it"—we took it away and fitted it; it corresponded.

Cross-examined by MR. PAYNE. Q. Did not he say he had stopped one but had not bought it? A. No, not at first—he did not object to let us look at it—he said the man said he would come back about two o'clock, but had not been—the prisoner was bailed before the Magistrate and has surrendered.

EBENEZER WALKER . I am agent to Robert James Stuckey, the landlord of 19, Caledonian-street—this copper is his; I bought it, and helped to fix it—it is worth 10s—I saw it safe about three months back.


NEW COURT.—Tuesday, November 27th, 1849.


Before Mr. Common Serjeant and the Sixth Jury.

26th November 1849
Reference Numbert18491126-14
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown

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14. CHARLES EDWARDS , THOMAS WEBB , and JESSE PICKETT , were indicted for unlawfully uttering counterfeit coin.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

JAMES SUMPTON . I am a carman, of Ealing. On 1st Nov., I met the prisoners together about half a mile from Ealing, going towards it

Pickett. Q. Are you sure of me? A. Yes, I saw your features, and could swear to you from a hundred.

DAVID NOLDER . I keep the Barley-mow, at Ealing. On 1st Nov., about three o'clock, Edwards came for half-a-pint of beer, which came to 1d.; he gave me a shilling; and I gave him the change—when I got into the next room, I put it into my mouth, and found it was bad—I gave it him back, and he gave me my change, and said he had only a halfpenny in the world—I followed him up the village, and saw him join Webb; they talked together, and a third person, who I believe to be Pickett, passed them—they seemed to take no notice of him, but I saw Webb put something into his hand, and saw him look at something in his hand—I gave information.

Webb. Q. Did you ever see me before? A. No, I have no doubt about you.

ELIZABETH MILLS . I am the wife of George Mills, of the New Inn, Ealing. On 1st Nov., at three o'clock in the afternoon, Webb came and asked for half-a-pint of beer, which came to 1d.—he put down a Queen's shilling—it was rather slippery—I gave him 11d. change, and he left—I then found the shilling was bad—I put it on the other shillings in the till, but they were all old—a policeman came, and I gate him the shilling, which I had marked and put into a cupboard.

Webb. Q. You never saw me before, or for nine days afterwards? A. No.

EMMA WILTSHIRE . My husband's name is George; he keeps the King's Arms, Ealing-grove. On lst Nov., Edwards and Webb came—Edwards asked for half-a-quartern of gin, which came to 2d.—he gave me a shilling; I gave him 10d.—they both drank and left—I put the shilling into the copper bowl, where there was only a fourpenny-piece—I afterwards saw Tull, marked the shilling and gave it to him, and in seven or eight minutes, the three prisoners were brought in, and I recognized Edwards and Webb.

Edwards. Q. You did not see me till nine or ten days afterwards? A. No, but I took particular notice of you.

ROBERT SLARK . On 1st Nov., about half-past three o'clock, I was at my gate at Ealing, very near Mr. Wiltshire's, and saw the prisoners in close conversation—when the police got near them, they chucked something over into my field—I told the police, they went to the spot, returned, and showed me five shillings, apparently counterfeit.

Pickett Q. Were not we striking matches? A. No.

WILLIAM COSTER (policeman). On 1st Nov. I and another policeman saw the prisoners standing together near a field—I took Pickett and Edwards, and took a shilling, a sixpence, and 4d. worth of half-pence from Edwards—I went to Mrs. Mills, and received this shilling, which she marked.

THOMAS TOLL (policeman, T 22). On 1st Nov., I received this shilling from Mrs. Wiltshire—she marked it—I came up to the prisoners by the time they were taken, and held Webb—10 sixpences, a 4d. piece, and 3s. 0 1/2. in halfpence were found on him.

GEORGE PARIS (policeman, T 81). I went into Mr. Slark's field with Tull, and found there these four shillings, in this piece of paper (produced)—Tull found 1s. in another paper.

JOHN KEMPSTER . I am a clerk in the Bank of England—my duty is to separate the bad coin from the good—the shillings produced are all bad.

Pickett's Defence I met these two men, and asked Edwards to give me

a light; be pulled out some lucifers, but could not; the policemen came and took me.

WEBB— GUILTY . Aged 28.



Confined Nine Months

26th November 1849
Reference Numbert18491126-15
VerdictGuilty > unknown

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15. ALEXANDER BAYLEY , was indicted for a like offence.

JOHN EDWARDS . I am shopman to Hutton and Co., of Newgate-street On 3d Nov. the prisoner came and asked for six yards of gimp, and produced a pattern—it came to 9d.—he tendered a bad crown-piece—I bent it, and took it to Mr. Hutton, who sent for a policeman, and the prisoner, was taken to the station—he said his mother, who lived on Bow-common, gave it him with the gimp.

Cross-examined by MR. BALLANTINE. Q. Did you find his mother lived there. A. Yes.

CHARLES WILLIAM HUTTON . I received this crown-piece, and gave it to the policeman—it is the same.

JOHN ARMSTRONG (City policeman 211). I took the prisoner, and received this crown from Mr. Hutton.

SARAH MARY ORPWOOD . On 16th Nov., the prisoner came to me and asked for a shilling Prayer-book, and offered me a five-shilling-piece—I said 1 did not think it was good—he said, "I hope it is, for I have just got it in change for a half-sovereign, in the City-road"—I took it to my husband.

GEORGE AUGUSTUS JOSEPH ORPWOOD . I am the husband of the last witness. She gave me a crown in the prisoner's presence—I tried it with aquafortis, and found it was bad—I told the prisoner so, and asked where he lived—he said in Oxford-street—the crown was given to Enright in my presence.

JOHN ENNRIGHT (City policeman, 647). I received this crown from Mrs. Orpwood, and took the prisoner—he said, going to the station, "I expect Mr. Powell will prosecute, as I have been a day or two in date"—I asked what he meant—he said, "They generally prosecute within fourteen days."

Cross-examined. Q. Is that the rule? A. I cannot say—I did not mention Mr. Powell's name first.

JOHN KEMPSTIR . These crowns are both bad—my opinion is that they are from the same mould. GUILTY . Aged 21.— Confined Nine Months.

26th November 1849
Reference Numbert18491126-16
VerdictGuilty > unknown

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16. RICHARD TURNER was indicted for a like offence.

MARIA MAGNESS . My father's name is James, he keeps the Three Colts, London-wall. On Sunday, 21st Oct., at ten o'clock at night, the prisoner came for a glass of porter, it came to three halfpence—he gave me a shilling—in consequence of something I remarked, I put it into the till amongst the other halfpence, where there was no other shilling—I afterwards marked it with my teeth, and put it into my pocket—I afterwards put it into a drawer which nobody had access to—the prisoner came again on the Thursday for half-a-pint of porter, and gave me a sixpence—I showed it to my brother, he bent it, and put it on the counter—a constable was sent for, and the sixpence and shilling were given to him.

Prisoner. You said at Guildhall that I gave you three bad shillings? Witness. Yes, but two of them got mixed with other money.

WILLIAM MAGNESS . I am the brother of the last witness—I received this sixpence from her, put it in my teeth, and bent it nearly double, and gave it to the policeman.

SAMUEL CRABB (policeman) I took the prisoner, and found on him a

shilling and 7d. in copper—I said he was charged with passing bad money—he said he was not aware of it, and it was the first time he had done so—I produce the shilling and sixpence.

JOHN KEMPSTER . This shilling and sixpence are both bad.

GUILTY . Aged 19.— Confined Nine Months ,

26th November 1849
Reference Numbert18491126-17
VerdictGuilty > pleaded guilty

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17. HYAM MARKS , embezzling the sums of 28l. 11s. 7d., 9l. 18s., and 33l. 10s.; the moneys of Ephraim Levi Green and another, his masters: to which he pleaded

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

26th November 1849
Reference Numbert18491126-18
VerdictGuilty > unknown

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18. JOHN WILLIAM FOSTER was indicted for bigamy.

SAMUEL MUMFORD . I live at 8, Rosemary-cottages, Islington. On 13th Dec., 1841, I was present at a marriage, at Hackney, between the prisoner and Susannah Grover—I am sure the prisoner is the man—I saw his wife two minutes ago.

Cross-examined by MR. BALLANTINE. Q. Has not he been out as a sailor since that, to the coast of Africa? A. I do not know where he has been to sea—his wife went to live with a man named Jeffrys before the prisoner went away—I believe she left him the first Bow-fair after the marriage.

ELIZABETH MASON . I know the prisoner; he was living with my sister, Sarah Grover, as her husband—she now lives at Bromley—she left him on account of his ill-usage—he knew she lived there, and has visited her since he married his second wife.

Cross-examined. Q. Are you married? A. Yes—my sister having been illused, went to Mr. Jeffrys—he is a working-man—she had not lived with him before.

MABIAN CRIPPIN . I live at 42, Tabernacle-walk—I was married to the prisoner at All Hallow's, Barking, on 3d July last—I believed him to be single—he did not tell me anything about his former marriage—I had no money.

Cross-examined. Q. You were not married before? A. No; I was not living with any person when I knew the prisoner—I was living with a doctor as his housekeeper—he is a distant relative of mine—I was not exactly in a menial situation—I shall not answer whether I was in the family way when I was married.

GUILTY . Aged 30.— Confined Six Months.

26th November 1849
Reference Numbert18491126-19
VerdictGuilty > unknown

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19. GEORGE WOODCOCK , stealing 1 shovel, 1 pair of tongs, 1 poker, and 1 bag, value 3s. 6d.; the goods of Thomas Tate, clerk: having been before convicted.

ISABELLA JUDD . I am single, and live at Edmonton. On 15th Nov. I found my school-room window and door open—I missed a bag and the fireirons—they were safe on the evening before—these are the fire-irons—they belong to Thomas Tate, clerk.

HENRY PIGEON . I bought these irons of the prisoner on 15th Nov.

THOMAS MESSENGER . On 15th Nov. I saw the prisoner come up the road with these fire-irons, wrapped up—I asked him what he had got—he said, "A set of fire-irons, to sell"—Henry Pigeon bought them of him.

Prisoner. I never had them, and never sold them.

ROBEBT JOHNSON (policeman, N 343). I produce a certificate of the prisoner's former conviction—(read—Convicted May, 1849, having been before convicted: confined six months.)—he is the person.

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

26th November 1849
Reference Numbert18491126-20
VerdictGuilty > unknown

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20. GEORGE WATTS , stealing 48 bottles, 4 gallons of wine, 1 truck, and 2 baskets, value 8l. 10s.; the goods of George Blackburn.

GEORGE BLACKBURN . I am a wine-merchant, of Mark-lane—I occasion-ally employed the prisoner as a porter—on 30th Oct. I sent him with a truck and four dozen of wine to Major Burn's—it was in two two-dozen baskets—he left us at half-past twelve o'clock, and was to come back as soon as he delivered it—he did not come back—he ought to have brought back the truck at all events.

Prisoner, I had the wine stolen from me in Oxford-street, by a party I named Davis—I was hunting about nearly two days after the wine.

WILLIAM THORNELY . I live at 33, Thomas-street, and am a coachman. I On 31st Oct. the prisoner and a person named Davis came down the yard at a quarter before five o'clock in the afternoon—Davis asked if I could put away a truck which he had, till the evening, as he had to go to the East-end—I put it into the stable till the policeman came, and I gave it to him.

JOHN BRIGHT . I live with the prosecutor—I have seen this track, it is his property.

INGRAM SPEARPOINT . I am cellarman to Messrs. Rennier and Sons. On the evening of 30th Oct. the prisoner came to me—he was very tipsy—he wished to know if would I purchase a bottle of wine of him for a shilling.

Prisoner. It is all false.

FRANCIS OFFER (City-policeman, 525). The prisoner gave himself up to me, and told me he had sold the wine and truck, and spent the money. GUILTY . Aged 30.— Confined Six Months.

OLD COURT.—Wednesday, November 28th, 1849.


Before Mr. Baron Alderson and the Third Jury.

26th November 1849
Reference Numbert18491126-21
VerdictGuilty > pleaded guilty

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21. GEORGE WILLIAM WALKER , stealing 1 10l. Bank of England note; the goods of John Sadlier and others, his masters: to which he pleaded

GUILTY . Aged 20.—Strongly recommended to mercy by the Prosecutors.— Confined Six Months.

(In the case of

WILLIAM ELMSLEY TOSHACH (Vol. xxx., p. 126). MR. BARON ALDERSON gave judgment as follows: This was a case reserved by my brother PATTESON. The indictment charged that the Corporation of the Trinity House were in the habit of examining persons, voluntarily submitting to such examination touching their nautical skill, and granting them certificates to act as masters; and then proceeded to charge, that in order to enable persons to be examined and procure such certificates, it was necessary to produce to the examiners' certificates of service, sobriety, and good conduct at sea, for not less than six years; and then the charge against the defendant was, that he, not regarding his duty, had forged certificates of this description for the purpose of inducing the examiners to pass him, and that the Trinity House might suppose he was a qualified person from his nautical skill and fitness, and from his general character, to act as a master. It is a very important duty which the Trinity House have to discharge; important to owners of property of this description, and important to the lives of those entrusted to their care; and if insufficient seamen, or

not sober, or otherwise than of good character and conduct, be appointed, you subject the property to hazard, the lives to hazard, and you subject the unfortunate subordinates in the ship very often to harsh and improper treatment. The importance therefore of examining masters of ships, to see that they are fit persons to do their duty, must be important to every one. The defendant was charged in the 7th and 9th Counts, to which alone the attention of the Judges on the reserved case-seems to have been peculiarly directed, with a forgery at common law, in forging the certificates which induced the Trinity House to grant him their fiat for acting as a master. My brother PATTESON, when the party pleaded guilty, entertained some doubt whether this amounted to the misdemeanour of a forgery at common law, and reserved the matter for the opinion of the Judges, The question was discussed before the tribunal now constituted for the purpose; they took the case into their consideration, and they are of opinion, and they instruct me to say so, that the 7th and 9th Counts of this indictment are quite sufficient to found a judgment upon, and that it does amount to a forgery at common law. Indeed, it does amount to a very serious offence, if persons do forge certificates of this sort, and are found to utter them for the purpose of deceiving the Trinity House; and I hope the Trinity House in future will act upon this judgment, and will in the exercise of their duty see and punish with great severity those persons who shall be guilty of so serious an offence. I am quite sure that it is for the interest of the public that they should exercise a very rigid superintendence of this kind. Upon the 7th and 9th Counts therefore, when the party who is at present out, is taken, judgment will be pronounced, meanwhile the judgment may be entered on these two Counts,"

26th November 1849
Reference Numbert18491126-22
VerdictGuilty > unknown; Guilty > unknown

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22. ELIZABETH HOMAN and MARY ANN HUGHES , feloniously uttering counterfeit coin, after a previous conviction.

MESSRS. BODKIN and COCKLE conducted the Prosecution,

JOHN TUFF . I am superintendent of the police at Rochester. I was at the Quarter Sessions there, in Oct., 1848, when two women were tried—I produce a copy of the record of their conviction, which I got from the office of the Clerk of the Peace for the city of Rochester—I compared it with the original—it is an accurate copy—I was present at the trial, the prisoners are the persons mentioned in the record—(read—Convicted with a man named Horwood; Hughes confined six months, Homan confined twelve months).

HENRY HUGHES . I am a broker and cabinet-maker, in Queen-street, Dunston-road, Kingsland-road. On Tuesday, 30th Oct., about two o'clock in the afternoon, I was standing at my own gate, and saw the two prisoners alongside the Regent's-canal, talking to a man—in a very short time the man went one way and the prisoners the other—I followed them—I saw Homan go into the Two Beehives, leaving Hughes on the opposite side of the way—I went in after Homan, and saw her drinking some spruce—she put a shilling on the counter, to pay for it—the barmaid gave her 10d. in change, and put the shilling into the till—the prisoner then left the house—just as she went outside the door I asked Miss Farebrother, the barmaid, to look at her money—she did so, and found it was bad—she gave it to me, and I followed Homan—Hughes followed, and joined her, and they went on together into the Kingsland-road until Homan went into a linen-draper's shop at the corner of the Downham-road—Hughes was then on the opposite side of the way—Homan remained in the shop about ten minutes—I then went in, and made some inquiry, in consequeuce of which I again followed Homan—she joined Hughes again, and I followed them again—altogether I

dare say I followed them near half an hour—they remained that time in company together—I saw Homan go into a doctor's shop, leaving Hughes on the opposite side of the way—I dare say Homan stayed in the doctor's shop a quarter of an hour—when she came out she joined Hughes again—I then saw Parsons, a policeman—they went a little further on, and Homan went into a linen-draper's shop, Hughes staying outside—she did not stay there a very great while—I saw her come out—she passed Hughes, and walked on a long way before her—I and the policeman then went up, and he took them into custody—I gave Parsons the shilling I had received from Miss Farebrother.

Cross-examined by MR. PAYNE. Q. Do you keep a shop? A. I do; I am not an amateur policeman, and do not go about hunting up cases to be a witness—I did not know these prisoners at all before—I was never a witness before in this Court—I have never before assisted a policeman in taking persons into custody—I have never gone about with a policeman to see for persons committing offences—I only knew Parsons by his being on duty.

MR. COCKLE. Q. Why did you follow the prisoners? A. Because I had my suspicions of them.

BENJAMIN PARSONS (policeman, N 214). On Tuesday, 30th Oct., I was on duty in the Kingsland-road—about a quarter of half-past two, the witness Hughes made a communication to me—we followed the prisoners—Hughesgave me this shilling which I produce—I saw Homan come out of Mr. Thorpe's shop—I took the prisoners into custody—I did not hear anything drop—the witness Hughes left me—Homan refused to go with me, and got out of my band and ran away some yards, but I ran after her, caught her, and brought her back—she then said to the prisoner Hughes, "Step it"—Hughes did not attempt to run away then, she stood still—Homan resisted again, twisting herself round, trying to get out of my hand, and saying she would not go, if I took her, I should carry her—she caught hold of me round the breast, and then Hughes ran away—I hallooed to a man with milkcans to stop her, and be stopped her—the witness Cooper was there at the time looking on—after the prisoners were secured, Cooper gave me lis., which I produce.

Cross-examined. Q. Were the prisoners together when you took them? A. Yes; the witness Hughes ran to the station to fetch some one to help me—the station is about a quarter of a mile off—he assisted in taking them in the first instance—he gave me the shilling when he first saw me in the Kingsland-road—I kept it in my hand during the struggle, and till I got to the station—I then gave it to the sergeant on duty, Moore—he gave it me again directly the charge was taken, to go to the Police-court—we went to the Police-court that same day—I brought it back again—the scratches on the shilling were put on by Miss Fare brother at the station—that was after I had it from the inspector—I did not mark it—I did not have the shilling all the time I was at the Police-court—it was handed to different persons, not many—I believe the Magistrate looked at it and the clerk.

MR. COCKLE. Q. Was it at all out of your sight? A. No—I afterwards gave it to Moore, and he gave it me again next day—it was not out of my sight before Farebrother marked it.

ROSA FAREBROTHER . I am barmaid at the Two Beehives in Dunstan-street, Kingsland-road—on Tuesday 30th Oct., Homan came to our bar and called for 2d.-worth of spruce—I served her—she gave me 1s., and I gave her 10d. in change—she went away as soon as she had drank the spruce—I put the 1s. in the till—the witness Hughes then came to me, and in

consequence of what he said, I took the shilling out of the till—I found it was bad—there was no other shilling in the till—I gave it to Hughes—I afterwards saw a shilling at the station, and marked it—this is my mark.

Cross-examined. Q. Point out which is your mark? A. All these—I did it with a large knife, which the policeman gave me—there were some sixpences and 4d., pieces in the till, between 4s., and 5s. I should imagine—there were no half crowns—I am sure there was no other shilling, beside the one I put in—I was alone—no one had been in for about a quarter of an hour before—I do not recollect who the last person was, or what I served last, or what the person paid me—when Hughes came in I opened the till, and took the shilling out—I then shut it again—I had been serving alone since eleven o'clock; this was about two—my master, Mr. Callingham, had been serving before me.

MR. BODKIN. Q. Did you keep the till open long enough to see what it contained? A. I cannot say what it contained—I am quite sure there was no other shilling in it.

SUSANNAH RIDD . I am assistant to Mr. Thorpe, a linendraper, of 4, Prospect-place, Kingsland-road, about ten minutes walk from the Beehives—on 30th Oct., about half-past two, Homan came to our shop and asked for some blonde, it came to 2 1/2 d.—she put down a 1s., I examined it, found it was bad, told her so, and returned it—I saw it had a lion on it like that on these shillings—she said she was very sorry for it, she did not know it was bad, and gave me a good sixpence, paid for what she had, and left the shop—Parsons the policeman came in five or six minutes, and I told him what had happened.

Cross-examined. Q. Is the shop in the Kingsland-road? A. Yes; I do not know whether there is any linendraper's shop between ours and the Beehives.

HENRY HUGHES re-examined. She went into Mr. Somer's first, and then into Mr. Thorpe's.

WILLIAM COOPER . I am a bricklayer's labourer, and live in Melinaplace, Hackney—on Tuesday afternoon 30th Oct I saw Parsons with the prisoners—Homan had hold of him round the waist—Hughes was standing close by, they could not get away from each other—I saw something drop between them—I afterwards went and picked it up, and it was eleven shillings in pieces of brown paper—I gave them to Parsons—he broke one of them to see if they were good—the shillings were in separate pieces of paper.

Cross-examined, Q. Where were you? A, About six yards from them—I picked the shillings up directly they went away—I know Mr. Thorpe's, the linendraper's—I do not know any other linendrapers near there.

HASTINGS MOORE (police-sergeant, M 29). On 30th Oct. I was on duty at the Kingsland station when Parsons came with the prisoners—he showed me a shilling, which I told Farebrother to mark, and gave her a knife to do it—it was the same shilling that Parsons gave me.

Cross-examined. Q. How long did you keep it? A. Not many minutes—I laid it on the desk while I took the charge, and then gave it to Fare-brother to mark, and when they came back from the Police-court the officer put all the shillings into a basket, and I locked up all the property found on the prisoners.

JOHN KEMPSTER . All these shillings are bad—I do not think they are all from the same mould—they are all new—some of them appear to have been in circulation.

Cross-examined. Q. Just look at the one with a cross on it: is that a good imitation of a lion shilling? A. I should say not: I am a clerk in the Bank of England—this one (looking at one produced by Mr. Payne) is good—I can tell the difference by the feel of it—one is dark and heavy-looking—there is as much difference in them as between cut glass and that from a mould.



Transported for Seven Years.

Before Mr. Justice Cresswell.

26th November 1849
Reference Numbert18491126-23
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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23. BENJAMIN HOPKINS BOND , stealing 70 sovereigns, 140 halfsovereigns, 280 crowns, 400 half-crowns, 400 florins, 400 shillings, and 400 sixpences; the moneys of Isaac George Currie and others, in their dwelling-house.—2d COUNT, for larceny as a servant.

MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.

WILLIAM RATCLIFFS KEENE GODDARD . I am clerk to Mr. Dan Elley, a stock-broker; he is a customer of Currie's, the bankers. On 17th Oct. 1 paid 2060l. 5s. 7d. into Currie's, on Mr. Elley's account—this is our banker's book (produced)—there is an entry in it in my writing of the different sums which made up that amount—here is 1341l. 18s. 4d. in clearing checks, a draft on the Bank of England for 110l. 11s., Maidlow's check on Carrie's for 462l. 105. 3d., and 145l. in Bank-notes—no part of it consisted of a bill of Brown of Leeds.

CHARLES RUDD TATHAM . I am a clerk in the Accountant's Department of the Bank of England—I produce a ticket containing the list of notes paid into the Bank, by Messrs. Currie, on 18th Oct.—it is not in my writing—I have an abstract of the notes in my writing—when notes are paid in by the different bankers they are marked—these' notes (producing them) are marked "No. 74"—they are stamped in the regular course of coming in, according to the list of the banker from whom they are received—I did not receive these notes, I procured them from the library of the Bank.

MR. GODDARD re-examined. There is a 50l.-note here, No. 84, 848, 6th Jan., 1849, which I received from Mr. Williams, a customer of Mr. Elley's—I cannot tell whether it is one of the notes that made up the 145l.—there is Williams's name on this note in my writing—I cannot tell when I received it—this 30l.-note, No. 14,706, 8th Aug., 1849, has the name of "Sawyer" on it—I received this from a person named Sawyer, on account of Mr. Elley, I do not know when—I received 92l. 5s. from Sawyer, on 17th Oct., and 82l. 6s. 6d. from Williams—here are two 5l.-notes, Nos. 07427, 07428, 13th Sept., 1849, among these, with the name of Wilson on them, in my writing—I received 12l. 8s. 6d. from Wilson on 17th Oct.—if I receive money from any person on Mr. Elley's account, I write their name on the back of the note, and the notes are either paid away in the way of business, or paid into the Bank—we usually pay into the Bank every day—a person named Hewkley is also a clerk of Mr. Elley's, he also receives money, and puts persons' names on the notes he receives from them—I did not go to Currie's for change for any notes that day.

Cross-examined by MR. PARRY. Q. There are no numbers or dates of notes in the entry of the 17th Oct? A. No, simply the word "Bank, 145l."—I do not know what particular notes I paid in at any time—I cannot swear when I received the notes with "Williams" on them, or when they were paid in—there is no entry of the particulars of the notes I received from Sawyer's or Wilson's, simply the amount of money—it must have been gold or notes.

COURT. Q. Can you tell when you received money from Wilson before

that? A. No, I have gone back as far as 13th Sept., and there is no other entry; we had received none—we have no ledger account with any particular customer, only a daily account—I have no entry of any sum received from Sawyer from 8th Aug. to 17th Oct.

GEORGE HEWKLEY . I am clerk to Mr. Elley. Here is a 10l. and a 5l.-note among these, with the name of "Miller" on each, written by me—the 10l.-note is dated" 10th Aug., 1849, No. 75,759," and the 5l.-note, "13th Aug., 1849, No. 77,956"—Mr. Miller, from whom I received them, is a customer of Mr. Elley's—there is nothing on the notes by which I can tell the date I received them—by the cash-book it appears we received 47l. from Mr. Miller on 17th Oct.—the entry is in Goddard's writing—I have no memorandum of my own—here are four 5l.-notes, Nos. 31,454. 31, 455.31, 456.31, 457, dated 12th Sept. 1849, with the name of "Payne,"on them, in my writing—Mr. Elley has a customer of that name—I have no entry in my writing by which I can tell whether Payne paid any money on 17th Oct.—there is an entry in Goddard's writing—there are also four 5l.-notes, 12th Sept., 1849, Nos. 78,117, 78,118, 78,119, 78,120, with "Marks" on them in my writing—I received all those notes on account of Mr. Elley from customers of his in the course of business—there is no entry in the book in my writing—I did not change any notes at Currie's on 17th Oct.—Goddard and I manage all Mr. Elley's cash transactions.

THOMAS VALENTINE HEWITSON . I am a clerk in Messrs. Currie's banking-house, 29, Cornhill, in the parish of St. Michael. Mr. Isaac George Currie is one partner, and there are others—the prisoner has been in their employment upwards of eight years—in Oct. last, he was one of the cashiers, and it was his duty to receive and pay money at the counter—it would be his duty to enter in this receive cash-book (produced) any cash he received from the customers on account of the banking-house—there is this entry on 17th Oct. in the prisoner's writing, purporting to be an entry of a payment into the bank on account of Mr. Daniel Elley: "1341l. 18s. 4d. drafts;" "110l. 11s. Bank," which means Bank of England; "462l. 16s. 3d. Maidlow,"that indicates Maidlow's draft on Currie's; "75l. S.N.," which means small notes;" 70l. Brown, G.L.;" "G.L." means General List, and "Brown" means an article put on that list in that name; it amounts to 2060l. 15s. 7d.—that amount would be posted to the credit of Mr. Elley—supposing the prisoner to have received 145l. in notes on that day as part of that payment, he would have to take either the numbers down separately, or make a parcel, the same as he has done with the 75l. small notes; small notes mean of any value under 1000l.—each note under 1000l. the clerk enters as a small note—it is not necessary to enter the numbers or dates of them—it would be the clerk's duty to fold them up, and write on the outer one the name of the party from whom he received them, and put them into a box for another clerk to enter the whole—these notes amount to 75l. altogether—there is "75l. Elley" endorsed on this note, No. 07428, in the prisoner's writing—that indicates that all the notes were received from Elley, and it agrees with the 75l. small notes in the prisoner's receive cash-book—"Brown, G.L.," means a security on a person of the name of Brown, which is to go to the general list of unpaid bills to be sent into the country—supposing the prisoner to have received it as he states, it would be his duty to take it to a clerk in the country office, to send it into the country, and he ought also to make a memorandum of the security, and place it in a drawer for that purpose—this memorandum (produced) is in the prisoner's writing—I cannot speak to the date; that varies from his general writing, but the other part is his (read, Oct. 18th, 1849, Brown, Leeds, 70l.)—I am quite sure the "Brown,

Leeds, 70l." il the prisoner's writing—it was also his duty to enter it in the general list—this is it (produced) it is kept by various parties—on 17th and 18th Oct. it appears to have been kept by a clerk named Hoare—all the entries of that date are not in his writing—it is kept by anybody in the office that has business to do with it—if the prisoner was disposed to make an entry in that book he would have the opportunity of doing it—it was his business to enter it, or take care that somebody else entered it—there is an entry dated 18th Oct., referring to a security of Brown, of Leeds, 70l., but entered on 17th, according to the custom of the house—it is in the prisoner's writing—if we receive such a draft on 17th, it goes into the list of the 18th—when we balance, the contents of that book are taken as assets—I find on 18th it is carried forward, and on 18th carried forward to 19th, and on 20th, I find it entered; it is in the writing of Mr. Hoare—if a draft on Brown, of Leeds, had been received at our house on 17th, it would be sent down the same night, and we should receive an answer on 19th, in the course of post—the irregularity in this transaction was detected on 20th—it is the practice of the house to exchange notes across the counter for customers, but not for strangers—there is an entry on 17th Oct., in this, the exchange book, of 85l., gold, in the prisoner's writing—it is a debtor and creditor account—it is not entered as money, but in the column understood to denote money—it is "S.N. 85l.," that means small notes—that entry means that he had exchanged 85l. in money for small notes for some person or persons—if he had given 85l. in money for 85l. in small notes, it would be his duty to put them in a box for another clerk to take the number—he would, first of all, have to make them up in a parcel and write on the outer one—one of these notes is dated 12th Sep., 1849, for 5l., No. 08406—I find on the back of this note, "8, No. 3"—one figure is torn off—the "3" means No. 3, cashier—the prisoner was No. 3 cashier that day—if he received the 85l. in notes, it would be his duty to put down that sum at the same time he put his number as cashier on the outer note—there is part of a figure before the 8; it is impossible to say what figure it was, but I suppose it was 5—here is a 50l.-note, dated 6th Jan., 1849, No. 84848, with the name of Elley on it in the prisoner's writing; and a 10l.-note, dated 10th Aug., 1849, No. 75759, with the name of Elley on it in the prisoner's writing; and two others, 5l.-notes, dated 13th Aug. and 12th Sep., 1849, No. 77956 and 31454, with the name of Elley on it in the prisoner's writing—those four notes amount to 70l.—here are two other 5l.-notes, one dated 14th July, 1849, No. 96663, with the name of Jones and Hay on it—they are customers of ours—that is in the prisoner's writing—this other 5l.-notef dated 14th May, 1847, No. 65548, has the name of Thompson and Co. on it in the prisoner's writing—our house has customers of that name—this 5l.-note, No. 08406, has the name of the South Australian Banking Company on the face of it in the prisoner's writing—they have dealings with our house—those notes altogether make the sum of 85l.—it was the habit of the prisoner and the other cashiers, if the name of the party for whom they exchanged notes was not inserted in the Exchange-book, to write it on the face of the notes, or to make some memorandum of the name of the party, that they might know from whom they received it—if 70l. in money was abstracted from the till, and the 70l. draft on Brown, of Leeds, was taken into account, there would be 70l. accounted for more than was actually received—I had the striking of the balance next morning; I made it out on a slip of paper from the books—I have not got it here—no discovery was made of anything wrong in the balance—there was a large amount of gold and silver in the till—that was included in the reckoning up of the assets.

Cross-examined, Q. Do you know whether there is a firm of Brown and Co., of Leeds? A. There is—they are bankers—the word "Brown" would imply a security of any kind—there are four clerks in the country office—it is their duty to enter drafts and securities of this kind that come in from the London office—it is the particular duty of one clerk, he may occasionally be assisted by other clerks—sometimes the clerk who enters them puts them under a weight, and sometimes the party bringing them does so—there is only one weight generally used—there are two or three weights in the office—the prisoner has been there upwards of eight years—his father had been there a great many years.

THOMAS HOWDEN . I am clerk to Messrs. Currie. I produce the small notes-book, into which we enter the notes we receive from our customers, and send to the Bank of England—the notes are taken from a box, with the customers' names outside the bundles, and entered in the book—I do not receive them, I only enter them—there are four cashiers at the counter, who put them there—it is the cashier's duty who receives the notes, to endorse the customer's name—all the notes in the box are entered in the book—the book will not indicate the cashier by whom they have been received, unless they are money notes, which are distinguished by "Mo," which means "money;" and the number of the cashier's till who exchanges the note—on 17th Oct. here is an entry "Elley, 75l."—the numbers of the notes that made up that parcel are 14706, a 80l.-note; 31455, 31456, and 31457, 5l.-notes; 78117 to 78120, which are four 5l.-notes; and 7427 and 7428, two 5l.—we do not take down the cypher, if there is one. (Mr. Tatham here stated, that all notes with less than five figures contain a cypher; that note "No. 1" would he 00001, and that there was no note 7427, without a cypher before it)—on 17th Oct. I have a parcel of notes entered, marked "Mo., No. 3," amounting to 85l.; the numbers are 84848, 50l.; 75759, 10l.; 77956, 5l.; 31456, 5l.; 96663, 5l.; 65548, 5l.; 8406, 5l.—"No. 3" denotes the number of the till—the prisoner was attached to "No. 8" till at that time—the notes received by Currie's are paid into the Bank next morning; and I find from an entry here, that next morning I paid into the Bank 2620l., including the notes, which made up the 75l. and 85l.—I made a list of the numbers and amounts, and gave it into the Bank, with the notes—this is it (produced by Mr. Tatham)—I do so every morning.

Cross-examined by MR. PARRY. Q. Supposing you have received 145l. from Elley and Co., has that been paid in? A. If the notes are in this book, it has—the 75l. and 85l. have been paid in by me, on behalf of Messrs. Currie—these are the notes I so paid in (comparing them with the list).

MR. TATHAM re-examined. This is the list that was handed to me by Mr. Howden, marked "74"—the notes I produce are part of those in this list.

FREDERICK CHARLES FOWELL . I am a clerk, at Messrs. Currie's, in the country office. I keep the country bill-book—if a draft on Brown and Co., of Leeds, was received on 17th Oct., it ought to have been brought to me—I should enter it in the bill-book, and pass it over to the corresponding clerk, who would write a letter to Leeds about it—there is a book in the office, in which the letters are copied—here is the bill-book, there is no entry in it of any bill on Brown, of Leeds, for 70l., on 17th Oct., or on any other day—here is the letter-book—it is in my writing—I find no entry of any such letter in it to Leeds—it ought to be here, if the transaction had been properly conducted.

Cross-examined. Q. Is that book all in your writing? A. Yes—two gentlemen in the office write the letters, I only copy them—we should keep

a bill till about two days before it was due—it might have two or three months to run—we should then make it a short bill, and enter it in the customers' bill-book, kept for that purpose—there are four clerks in the country office.

MR. HEWITSON re-examined. This entry, made by the prisoner, on 17th Oct., "Brown, G. L.," does not import that the instrument has any time to I run, it would be entered as a short bill, both in our books and in our customers' pass-book.

MR. PARRY. Q. You say it does not designate that it has any time to I run? A. No; it was entered as cash, it was due that day; if it had any time to run, it would be treated as a short bill, and would not be shown at all—this is the entry as cash, "Brown, G. L."—if it had only a few days to run, it ought to be entered short—I have not known bills, having a fortnight or three weeks to run, entered short—if this had been dated 20th, it might have been kept till the 20th, and then sent down—it is not a bill, but a draft on demand.

MR. GODDARD re-examined, I have looked through my book from 6th April, 1849, to 17th Oct.—I find one entry in June, of 47l. from Williams, but no other—in this other book here is an entry, in my writing, of 46l. 4s., received from a person named Miller—I did not receive it myself, I only know it from what Mr. Hewkley told me—here is a receipt from a person named Miller, on 1st Aug., of 9l. 9s.—there is no other entry—on 17th Oct. I found 23l. 2s. 6d. paid in by a customer named Payne—there had been no money paid by him to us since 12th Sept.—on 17th Oct. I find an entry of 22l. 5s. from a person named Marks—no money had been paid by him since 12th Sept.—I made both those entries from what Henkley told me, unless the notes bear my writing.

GEORGE HEWKLEY re-examined. I mentioned correctly to Goddard the amounts I received from Mrs. Miller—it was 46l. 4s., and also the amounts from Payne and Marks.

MR. PARRY. Q. Does Mr. Elley himself receive money? A. At times—it is Elley only, not Elley and Co.—he is in the office every day—there are no other clerks to receive money but me and Mr. Elley—he takes an active part in the business—he tells me what he receives, and I enter it-many of these entries may be from what I have been told by him or Mr. Hewkley.

MR. HUDDLESTON. Q. In that case would Mr. Elley write the names of the persons he received it from on the notes? A. Not in all cases—he would give me the notes to write the names—I undertake to say I received these notes from Williams and from Sawyer myself, and that Mr. Elley did not hand them to me.

MR. SAMUEL ROBERT GOODMAN . I am chief clerk at the justice-room at the Mansion-house. I was not in attendance when the prisoner was first brought there on this charge—on the second examination I was, on 25th Oct.—Mr. Alderman Carden was the presiding Magistrate—I took down the evidence of all the witnesses that were produced, having previously read over the evidence to the witnesses that was taken on the 20th—when that was concluded, it was thought that the case was concluded, and the Magistrate addressed the prisoner. (MR. PARRY contended that the witness could not prove anything which passed before the Magistrate, it being the Magistrate's duty to take down all the prisoner said.)

MR. BODKIN. Q. Was what the Magistrate said taken down? A. No; he said," Having heard the evidence, do you wish to make any answer to

the charge? you arc not bound to say anything unless you like, but whatever you say will be taken down in writing, and may be used in evidence against you on your trial"—the prisoner made an answer, or statement, which was taken down—it was on the last day on which the Grand Jury sat here last Session, and an application was made by the solicitor for the prosecution for a remand for a few days, in order to have a proper indictment drawn and the depositions made out in the usual form—the prisoner objected to that, and I said to him, "Do you wish that to be put down as part of your statement"—he said he did, and I put it down—the solicitor then proved to the Alderman that be could not get his case ready, and he granted a remand till the 31st, when he was again brought before the Alderman—I was in attendance—the prisoner was then for the first time accompanied by Mr. Wontner, his legal adviser—I read over the whole of the evidence which had been previously given, and the witnesses were re-sworn to it—no fresh witness was examined, but Mr. Wontner said he wanted to ask one of the witnesses some question—he did so, and it was appended to the deposition—I then read over that which I had previously taken down as the prisoner's statement—Mr. Wontner objected to that being received as the prisoner's statement, the depositions having been added to—the case was then complete and the prisoner was cautioned in the terms of the Act of Parliament again, and the statement which is on the depositions was then taken down, Mr. Wontner objecting to the first statement—the prisoner was then committed—I have the entry here of what the prisoner said.

MR. PARRY. Q. Did not Mr. Wontner object that the Alderman had not given the prisoner what you call the second caution? A. Yes; that was on the last occasion—I had not tendered the prisoner's first statement to the Alderman to sign—he did not in terms refuse to sign it, but I did not consider the case complete in consequence of its being added to, and therefore considered it was my duty to send a new statement.

MR. BODKIN proposed to have the statement read, MR. PARRY objected, upon two grounds; first, because the Magistrate had not complied with the terms of the Act of Parliament (11 and 12 Vic. c. 42, s. 18), in cautioning the prisoner that he had nothing to hope or to fear; and secondly, because the deposition alone was evidence of what passed before the Magistrate (see Reg v. Carpenter and another; 2, Cock's Criminal Cases, p. 228; Reg v. Wellert 2 Car and Kir, 223; and Rex. v. Walter, 7 Car and Payne, 267). MR. BODKIN contended he was entitled to prove by parol any thing which occurred before the Magistrate which did not appear on the depositions (see Reg. v. Harriss, 1 Moody's Crown Cases, p. 338); otherwise, if a prisoner were to make a confession during the examination, and to retract it after the Magistrate's caution, it would be excluded.

MR. BARON ALDERSON : "I think we ought to reserve it, because it is an important point. My own impression undoubtedly at present is, that the statement is receivable; because I cannot hip thinking that the meaning of the Act of Parliament is, that the Magistrate shall, after the examination of all the witnesses for the prosecution, and having it read over in due course to the prisoner, then call on him to make such statement as he may be advised, giving him, as I should say, the two cautions which are contained in the 18th section. If a Magistrate acts so, then he gets rid of all the difficulty which may arise out of any previous threat or promise by any other person, however much authorised that person may be to make such a threat or promise. If a prosecutor has promised a man that if he would confess, he should be let off scot-free, still, if a Magistrate, when the prisoner is brought before him, and after the examination

of the witnesses against him has been taken, tells him that he is not bound to make any statement, hut that what he says will he taken down, and received in evidence against him, and that he has nothing to hope from any promise of favour, and nothing to fear from any threat held out to him before, to induce him to make the confession; after the Magistrate has done all that, he has removed the effect of any previous promise or threat, and the man is then to be taken in point of law to be a free man, not bound to say more than he pleases; but whatever he does say, notwithstanding any previous threat or promise, may be received against him. That was not the case formerly, because where a promise or threat was previously made by a person authorised to make it, then the statement before the Magistrate was not received, but it is now. And further, after caution given and statement made, it is receivable, and receivable without any further proof than the mere transmission of it by the Magistrate, without any proof being given that it was said by the prisoner, but only that the Magistrate says it was said by the prisoner the Act of Parliament then says it shall be receivable in evidence, and have its effect. But I think it meant no more; and it left full liberty to parties to prove in a lawful way, as they might have proved before, any statement or confession made by the prisoner at any time; before the Magistrate, or at any other time—here they propose to prove it in a regular way, by a gentleman who heard what he said at the time, and took it down in writing, and who tells us that no promise or threat was made. I am therefore of opinion, under these circumstances, that the statement is receivable."

MR. JUSTICE CRESSWELL: "I concur in thinking it receivable. At the same time I can see it is open to doubt, which I think ought to be considered by the Judges. In the first place, a man making a statement under this Act of Parliament, has the security provided by the Act, that it is to be recorded by the Magistrate, and that that record will be the only evidence, and that nothing will be proved that is not in that record. It is obvious if this statement is to be received, although it was written down by the clerk, the Court would not be bound to receive that writing, if it is to be proved by ordinary statement; it does not preclude B from proving by parol, because A took a note of it, unless that note was taken officially, and made the proper evidence of it. Therefore, a prisoner may be exposed to have a different version given by some bystander of what he said, instead of that recorded by the Magistrate, which would preclude all evidence of anything beyond that. The matter seems to me not without some difficulty attending it, but I think it is admissible."

MR. GOODMAN here read the prisoner's statement as follows:—"I don't with to say anything here; I would rather say what I have to say at my trial". Then, after the application for a remand, and the solicitor saying he should not have time to prepare the indictment, he said, "It is my intention to plead guilty to the charge."

COURT. Q. What was the charge? A. Stealing 70l. in money, of the moneys of his employer.

MR. PARRY submitted that, as no proof had been given of any definite property taken, there was no case upon which the jury could find a verdict. MR. BODKIN did not think he was bound to establish the taking of any particular description of coin; but it being proved that 701. worth of money was gone, it was for the Jury to say from the evidence whether they were not satisfied that he. had stolen some one of the coins specified. THE COURT, as at present advised, was of opinion that it was necessary to establish the taking of some particular coin stated in the indictment; and if the jury were directed to find a general verdict of Guilty, it was a question whether or not it would be a good

direction; and if a verdict was found upon such a direction, the point ought to be reserved.

MR. JUSTICE CRESSWELL, in summing up, directed the jury, if they were satisfied the prisoner had stolen 70l. in coin, comprising any one of those stated in the indictment, to find him Guilty, but stated that, in the event of such a finding, he should reserve the point for the opinion of the Judges.

GUILTY. Aged 29.— Judgment reserved.

NEW COURT.—Wednesday, Nov. 28th, 1849.


Before Mr. Common Serjeant and the Fifth Jury.

26th November 1849
Reference Numbert18491126-24
VerdictGuilty > pleaded guilty

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24. JOHN ATHERTON PACK , stealing 15 sovereigns; the moneys of our Lady the Queen: to which he pleaded

GUILTY . Aged 25.—Recommended to mercy.— Confined Four Months.

26th November 1849
Reference Numbert18491126-25
VerdictGuilty > pleaded guilty

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25. JOHN SMITH , stealing 1 watch, value 10l.; the goods of Daniel Pratt, from his person: to which he pleaded

GUILTY , † Aged 30.— Transported for Seven Years.

26th November 1849
Reference Numbert18491126-26
VerdictGuilty > with recommendation

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26. MARTIN CONNOR , stealing 1 handkerchief, value 3s. 6d.; the goods of William Edward Saker, from his person: having been before convicted.

JOSEPH HEDINGTON (City-policeman, 20). On 30th Oct. I was on London-bridge—I saw the prisoner go behind Mr. Saker and take a handkerchief from his pocket—I told him, and took the prisoner to the station—I found, another handkerchief between his legs.

WILLIAM EDWARD SAKER . I was on London-bridge—I had a handkerchief in my pocket about an hour before—this handkerchief has every appearance of being mine—I have no mark on it.

MICHAEL HAYDON (City-policeman, 21). I saw the prisoner take the handkerchief, and put it under his coat.

GEORGE SCOTT . I produce a certificate of the prisoner's former conviction—(read—Convicted January, 1848, having been before convicted; confined six months)—he is the person—he has been twice summarily convicted.

GUILTY . Aged 20.—Recommended to mercy by the Prosecutor.— Transported for Seven Years.

26th November 1849
Reference Numbert18491126-27
VerdictGuilty > pleaded guilty

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27. ADAM SAMSON , embezzling 12s. 6d.; the moneys of Thomas Charles Methley and another, his masters: to which he pleaded

GUILTY . Aged 36.—Recommended to mercy by the Prosecutors.— Confined Four Months. (There were two other indictments against the prisoner.)

26th November 1849
Reference Numbert18491126-28
VerdictGuilty > with recommendation

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28. FREDERICK PEPPER , stealing 1 dead partridge, value 1s. 6d. the goods of the North Western Railway Company, his masters.

MR. CLARKSON conducted the Prosecution.

WILLIAM CHARNOCK . I am a breaker, in the employ of the London and North Western Railway Company. On the morning of 5th Nov. I was on my break at the Camden-town station, and saw the prisoner, who is a porter,

go between the trucks at a little after ten o'clock—he took a bird from a box on the top of one of the trucks—I saw afterwards that it was a partridge—he went towards the weigh-bridge, and then to the porter's lodge—I informed the officer.

Prisoner. Q. In what position were you placed? A. On my break in the break line—I have not said that if I had known what would have been the consequence, I would not have laid the charge.

JOHN CARTER (Railway-policeman, 317). On the morning of 5th Nov., about a quarter past ten o'clock, I went to the weigh-bridge, at the Camden-station; I saw another constable there, and in consequence of what he said, I called the prisoner and asked him what he had taken into the porter's lodge—he said, "Nothing"—I said, "You have taken something, and I must know what it is"—we were walking towards the porter's lodge, and he said, "Come along and I will show you"—I went with him to the lodge, and he showed me a piece of wood which he picked up—I said "No, that is not what you brought in, it was something else, and I must know what it is; let me see your locker"—he said, he had not got his keys with him; he had left them at home—I said, "I must have it opened"—he said, "I must go and borrow a bunch of keys"—he went out, and came back with some keys which he attempted to open the locker with, but they would not—another constable was there—he left, and we were left alone—he then fell on his knees and said, if I had any feelings for an aged mother I would say nothing about it—I said, I was placed in such a situation that I must go on—he then took his own key out of his pocket and opened his locker—he took something out and threw it behind him, which I found to be a dead partridge—he repeated, that he hoped I would say nothing about it, and said, "It is no use to deny it; I did take it"—I afterwards saw the boxes on the tarpaulin, from one of which the partridge had been taken.

Prisoner's Defence. I had been employed there eight years, and had a good character; I put it there for security, in case any inquiry should be made for it.

GUILTY . Aged 30.—Recommended to mercy by the Jury.— Confined One Month.

26th November 1849
Reference Numbert18491126-29
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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29. WILLIAM GIBSON and ANN KINGSMAN . stealing 1 blanket, 1 carpet, and other articles, value 13s. 9d.; the goods of Charles Middleton, the master of Kingsman.

MARY MIDDLETON . I am the wife of Charjes Middleton, of the Red Lion Inn, Twickenham. Kingsman was in my service, and during that time I lost a quantity of properly at various times—these articles produced are my husband's—they were found at the prisoners' lodging.

Kingsman. Q. You told me you lost them before I came into the house? A. Not these things—I lost some things.

THOMAS EMERSON (policeman, V 66). I went to Glbson's lodging, and asked Mrs. Fletcher if he was in the house—she said he was not—I went into the yard and found him—I said I wanted him—he went across the yard with me up to the lodging—I asked him if that was his lodging—he said, "Yes"—he opened the room-door with a key—I asked him if all the things in the room were his—he said they were—I fetched Mrs. Middleton, and she identified this blanket, carpet, and other things—I knew both the prisoners were living there—Kingsman had been five or six months backwards and forwards, and I have seen Glbson go to the back gate of the house where Kingsman was living.

Glbson. Q. How many times have you seen me there? A. Twenty times, I dare say—I have seen you go in and out frequently.

Kingsman Q. Did you ever see me at that house? A, Yes, frequently; I have seen you carry plates of meat there.

WILLIAM MURPHY (policeman, 40 V). I found this apron on Kingsman.

MARY MIDDLETON re-examined. This apron is mine.

GIBSON— GUILTY . Aged 39.— Confined Four Months.

KINGSMAN— GUILTY . Aged 37.— Confined Six Months.

(There were two other indictments against Kingsman).

26th November 1849
Reference Numbert18491126-30
VerdictGuilty > pleaded guilty

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30. CHARLES BOARDMAN , unlawfully attempting to carnally know and abuse Mary Eliza Sarah Southey, aged 11 years: to which he pleaded

GUILTY . Aged 40.— Confined One Year.

26th November 1849
Reference Numbert18491126-31
VerdictGuilty > unknown

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31. JOHN WADE , unlawfully obtaining 6 pencil-cases, value 21s.; the goods of William Mitchell, by false pretences.

GEORGE EDWARDS . I am in the service of Mr. William Mitchell, of Falcon-square. On 24th Sept., the prisoner came to me—he said his name was Wade, he was in Mr. Crutchley's service, and he wanted a few pencil-cases for himself—he chose half-a-dozen pencil-cases, worth 21s., which he was to return in two or three days or the money, but he did not—it was on the faith of what he said that he was in Mr. Crutchley's employ, that I let him have them.

Prisoner. Q. Did I not leave an account open when I was at Mr. Crutchley's? A. No, there was only one small article you had, which was not booked—it was not an account—we sell pencil-cases to Mr. Crutchley.

WILLIAM JOHN CRUTCHLEY . I am shopman to my brother, a stationer, in Flest-street. The prisoner left his employ on 24th Sept, between nine and ten in the morning—he was turned off because my brother did not consider him honest.

Prisoner. Q. Had I not been suspended before? A. Yes, and taken on again.

Prisoner. This young man produced the whole pattern card of cases to me; I might have taken forty or fifty, but I only took half-a-dozen which I thought would suit the person I had an order from; they were in my pocket; I should have returned before, but I was ill.

WILLIAM ALLEN (City-policeman, 263). I took the prisoner on 17th Oct.—he had the pencil-cases in his pocket.

GUILTY . Aged 39.— Confined Nine Months.

(There was another indictment against the prisoner.)

26th November 1849
Reference Numbert18491126-32
VerdictGuilty > pleaded guilty

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32. EDWARD JOSEPH SCARAT EVANS SUTTON , was indicted for bigamy: to which he pleaded

GUILTY . Aged 43.— Transported for Seven Years.

26th November 1849
Reference Numbert18491126-33
VerdictGuilty > unknown

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33. JOSEPH DENNIS , stealing 2s.; the moneys of Moses Lazarus, his master. MR. PAYNE conducted the Prosecution.

ISAIAH LAZARUS . I am the son of Moses Lazarus, a grocer, of Whitechapel; the prisoner was in his service about seven months. On 10th Nov. I marked some shillings, in the presence of Henry Joel—I gave them to Joel, and he took them away with him—I came the next morning, looked in the till, and found the marked money was not there—I sent for Joel, and he said he had paid the prisoner the money—I sent for a policeman, called the prisoner in, and accused him of having the money—he begged my mercy, and said, "Don't go hard against me"—three shillings were found on him—two

of them were what I had marked and given to Joel—he asked again for mercy, and said, "You may have a brother of your own in the same situation" I—no one but the prisoner was allowed to serve; the other man was only warehouseman.

Prisoner. You gave me the two marked shillings. Witness. I did not—you did not say that, till you were before the Magistrate.

HENRY JOEL . I received the marked shillings, and went home—I next morning I put myself in a position to see the prosecutor's shop—I sent I three persons in to buy things—I gave each of them a marked shilling—I saw them when they went in, and when they came out with the butter and change for a shilling—I came past the shop, and saw the prisoner behind the butter-counter—there was a man sweeping the door—the other man could not have served in the shop, because I stood outside all the time.

FREDERICK RUSSELL (City-policeman, 69). I was called in, searched the prisoner, and found three shillings, two of which were marked—the prisoner begged for mercy, and said he hoped he would not be hard with him—he did not account for the possession of them.

Prisoner. It was the same money that Mr. Lazarus gave me on Friday night; he asked me that morning what money I had about me; I gave him the three shillings out of my pocket; he gave them back to me, and then called the policeman. GUILTY . Aged 38.— Confined One Year.

26th November 1849
Reference Numbert18491126-34
VerdictGuilty > unknown; Guilty > unknown

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34. JAMES WELCH and DENNIS KENNEDY , stealing 1 handkerchief, value 2s. 6d.; the goods of John Robert Jourdan, from his person.

JOHN ROBERT JOURDAN . I am a stockbroker, and live in New Broad-street. On 22d Nov. I was in Newgate-street—I know my handkerchief was safe in my pocket when I left home, and I missed it in Newgate-street; this is it, and the one I lost.

Cross-examined by MR. O'BRIEN. Q. IS there any mark on it? A. Yes; here is "J. J." on it—I cannot say who marked it.

VINCEMT BROOKS . I am a stationer, of Oxford-street. On 22d Nov. I was in Newgate-street—I saw the prisoners go behind the prosecutor; one covered the other; they then dispersed—I asked Mr. Jordan if he had lost anything; he said he had—I desired him to go with me—I found one of the prisoners in Newgate-street, and the other in Warwick-lane—the handkerchief was found on Kennedy.

Cross-examined. Q. Were you in an omnibus? A. No; I had got out before this took place—I was about ten yards behind you.

WILLIAM PRICE (policeman, F 140). I took Kennedy, and found this handkerchief in his right-hand trowsers-pocket—the prosecutor said, "That is mine"—I knew Kennedy, and have seen him associate with Welch before—Welch was taken by another officer.

Welch's Defence. I did not know this lad had the handkerchief or anything

†WELCH— GUILTY . Aged 19.


Confined Nine Months.

26th November 1849
Reference Numbert18491126-35
VerdictGuilty > pleaded guilty

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35. JOHN HILL , embezzling the sums of 23s. 6d.; 26s.; and 3l. 18s.; the moneys of George Hill, his master: to which he pleaded

GUILTY . Aged 35.— Confined Nine Months.

26th November 1849
Reference Numbert18491126-36
VerdictGuilty > unknown

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36. EDWARD FLETCHER , feloniously breaking and entering the dwelling-house of Elizabeth Hester Willis, and stealing 2 shawls, and other articles, value 7l-; her goods.

MR. CLARKSON conducted the Prosecution,

ELIZABETH HESTER WILLIS . I live in Douglas-street, Vincent-square, St. John's, Westminster, and am a laundress. I went out about noon on 14th Oct.—I left Mrs. Cooper in charge of my house—I left every thing safe—I came back about a quarter before nine in the evening, and found every lock and door broken, and everything in confusion—I missed five shirts and some other things belonging to a gentleman for whom I wash, and two shawls, four pairs of stockings, six silver spoons, and two salt spoons of mine, altogether perhaps worth 7l.—I have since seen my two shawls and a handkerchief.

MARY COOPER . I am the wife of Ed ward Cooper. On 14th Oct., Mrs. Willis asked me to take care of her house—the two houses are in one, but there is a door at the top of the stairs—I went into the yard, about a quarter-past seven in the evening, and heard a noise—I came in again, and heard something fall over the fireplace in the top room of No. 3—I went out in front to shut my shutters, and saw a light in the front room first-floor of No. 3, and saw two men walk across the room—I got a policeman, and went with him upstairs, with a candle—I saw two men open the door between my house and Mrs. Willis's—they were coming down stairs—when they saw the policeman they shut the door and went from No. 3 front room to No. 2 front room, and ran down stairs—the prisoner was one—he had a candle, and he threw it at me—the other man followed him—he was taken, tried here last Session, and had twelve months (see Vol. 30, page 696)—the prisoner made a blow at me, and swore at me as he came out of the house, and got away—I went through my house into Mrs. Willis's—the first thing I saw was a hat—I went into the upstairs room, and found every drawer and box completely broken to pieces, even to the tea-caddy, and down stairs the same—the things were taken from the drawers, and packed up in a bundle to be taken away—in the passage of No. 2, I found a bag of skeleton keys—I am positive the prisoner is the man who threw the candle at me—Mrs. Willis told me if I heard a knock at her door to answer it.

Cross-examined by MR. PAYNE. Q. Did you say that the other man had a light complexion? A. No, I did not say exactly what he was—I did not say if the prisoner was the man he had shaved off his whiskers; I said he had had his hair cut—I saw him on the stairs and at the door—I did not say I was not sure it was this man, and then come back with the policeman and say he was the man—I was fetched to the station by Serjeant Loome on the 30th, and saw the prisoner—I do not go into the house by the same street-door that Mrs. Willis does—the prisoners went into the house by Mrs. Willis's door with a key—there is a door upstairs which communicates between the two houses, and so there is at the bottom—I occupy the back parlour of No. 2, and Mrs. Willis occupies the whole of the other part.

JOHN HOCKETT (policeman, B 92). I was called by Mrs. Cooper on that Sunday evening—I went upstairs at No. 2, I saw two men at the staircase-door; the prisoner was one, he had a candle—I have no doubt at all of his being the person—he slammed the door to—they came out and ran different ways—I pursued the other man, and Caught him—the place was all in confusion, and the things packed up—these two shawls and handkerchief were in a bundle—the other things were given up to the person they belonged to. Cross-examined. Q. Which of the two men was foremost? A. The prisoner—he ran up Hyde's-place—I pursued and took the other man.

JOHN TAYLOR (policeman, B 247). I went to Mrs. Willis's on Sunday evening, 14th Oct.—I found these skeleton keys on the mat—I tried them, and this one opened the street-door—I found this hat and when Loome saw it at the station he said it was Fletcher's.

SAMUEL RESTELL . I am a grocer, of Chapter-street, Vauxhall-bridge-road. On Sunday evening, 14th Oct., about seven o'clock or a quarter-past, I was standing just inside my door—I heard a cry of "Stop thief!" and saw a man run by, and Hockett in pursuit of him—I heard something fall, went out, and saw my wife pick up this crowbar—that might be about 200 yards from Mr. Willis's.

MARK LOOMS (police-sergeant B 11). On Sunday evening, 14th Oct., Johnson, who was tried last session, was brought to the station—this hat was brought in—I knew it the moment I saw it, and said it was the prisoner's—on 22d July I had the prisoner in custody, and two others—this is the hat he wore on that occasion, it is rather a remarkable one—on 14th Oct. I saw Johnson and this prisoner and two others in company, about five o'clock, in Orchard-street, about a quarter of a mile from the prosecutrix's—I did not find the prisoner till 30th Oct., at the White Horse—I told him he was concerned with Johnson in a burglary—he said be knew nothing about it—he had a new hat and coat on.

Cross-examined, Q, What is there peculiar about this hat? A. The lining if out, and the rim is broken—here is a piece of the leather broken out, and so there was then—it was tried on the prisoner on the night he was taken—I generally examine the hats of all the prisoners I take.

GUILTY . Aged 20.— Transported for Seven Years ,

26th November 1849
Reference Numbert18491126-37
VerdictGuilty > unknown

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37. JAMES MAPP , feloniously breaking and entering the dwelling-house of John Wildman, and stealing 1 shawl and other articles, value 18s.; his goods. MR. PLATT conducted the Prosecution,

ELIZABETH WILDMAN . I am the wife of John Wildman, of Temple-street, Hackney, in the parish of Bethnal-green; it is our dwelling-house. About seven o'clock on Friday evening, 2d Nov., I was sitting in the back-parlour—I heard a window thrown up, and missed these clothes off the drawers—it had been shut down, and the blind shut to, twenty minutes before, and these things were then safe—I went to the door and called, "Stop thief!"—I saw the prisoner about six doors off, with the bundle in his hand—I lost sight of him—I saw the same bundle afterwards, and it contained my things—they are worth about 1l

CAROLINE COLLINS . I am the wife of Richard Collins, of 2, Temple-street. I heard a cry of "Stop thief!"—I ran to the street-door, and saw the prisoner run past my door with this bundle—he threw it down, and it was taken by the policeman—I am sure it is the same bundle.

ROBERT BROWN (policeman K 254). I was on duty in Hackney-road, I heard of this, and ran down Temple-street—I found a mob—the prisoner was stopped—this bundle laid on the pavement—my brother officer took it up.

Prisoner's Defence. I was coming up the next turning; some one stopped me; the woman said, "Which is the man?" if she had seen me before, she would not have asked the question; at the station one policeman said, "Where are the two men that took him?" the other said, "They won't come, but I have got a woman that saw him."

GUILTY . Aged 50.— Confined Nine Months

OLD COURT.—Thursday, November 29th, 1849.


Before Edward Bullock, Esq, and the Fourth Jury.

26th November 1849
Reference Numbert18491126-38
VerdictGuilty > pleaded guilty; Guilty > pleaded guilty

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38. WILLIAM LEWIS and JAMES BOWBRICK , burglariously breaking and entering the dwelling-house of John Chislett, and stealing 2 handkerchiefs, I locket and other goods, value 15s. 6d.; and 2 half-crowns, and 1 shilling; his property: to which

LEWIS pleaded GUILTY . Aged 17.

BOWBRICK pleaded GUILTY Aged 17.

Confined Twelve Months

26th November 1849
Reference Numbert18491126-39
VerdictGuilty > unknown

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39. WILLIAM LONG , burglariously breaking and entering the dwelling-house of Samuel Wright, and stealing 1 handkerchief, 1 coat, 1 cap, and 1 pair of spectacles, value 14s., his goods; and 1 coat, and other articles, value 2l. 7s.; the goods of George Wright: having been before convicted.

SOPHIA WRIGHT . I am the wife of Samuel Wright, of Union-buildings, Hackney-road, in the parish of St. Leonard, Shoreditch; it is his dwelling-house. On the night of 2d Oct., I went to bed at eleven o'clock—I was the last person up, I left the house secure—I am not certain that the kitchen window was fastened, but I am certain it was shut, it goes very hard—when I got up in the morning I found that the window was broken, it is a leaden casement—I found the lead pushed out just against the fastening, enough to get a hand in—I missed from the front room two coats, a hat, a silk handkerchief, and a pair of silk gloves—from the kitchen I missed a pair of boots, a shirt front, a cap, a pair of spectacles, and a silk handkerchief—I had seen them all safe on the Sunday night, except one silk handkerchief, which I put in the basket on the Saturday night—I know the prisoner by sight, he lives at Mr. Longstaff's, whose house is at the back of ours—I know this coat (produced), it is my son George's—this other coat is my husband's, and these spectacles also—I am certain they were safe in the house the night before.

THOMAS ZINZAN (policeman, N 67). On the morning of 11th Nov., in consequence of some information, I went to the house of Mr. Longstaff—I saw the prisoner there, and took him into custody—I told him it was for breaking into Mr. Wright's house, and stealing two coats, a hat, and spectacles—he said he did not do it all himself, but he had taken the things in at the window—Mr. Longstaff handed me, in the prisoner's presence, two coats and a hat, he told me he found them in his box—Mr. Longstaff pointed out a box to me—I asked the prisoner if that was his box—he said, "Yes"—I opened it, and found in it this pair of spectacles—I had previously been to the prosecutor's premises and saw footsteps, and some flowers broken down in Mr. Longstaffs garden.

Prisoner's Defence. After my work I went out for a walk; I went into a beer-shop, and got into conversation with a young man; he came out with me, and said he thought he knew my face; he said, I am going to leave my lodging, and should like to get somebody to mind my things for a day or two; he brought them, and I took them in at the window; he said he would come and take them away, out I have never seen him since.

SAMUEL WRIGHT (policeman, P 172). I produce a certifícate—(read—William

Long convicted Feb., 1845, of larceny from the person—confined six months)—I was present at the trial, the prisoner is the person.

GUILTY . Aged 18.— Transported for Ten Years ,

26th November 1849
Reference Numbert18491126-40
VerdictGuilty > pleaded guilty

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40. THOMAS HEARN , stealing 14lbs. weight of tallow, value 5s. 10d.; the goods of Stephen Curtis, his master: to which he pleaded

GUILTY . Aged 22.— Confined Four Months.

Before Mr. Baron Alder son.

26th November 1849
Reference Numbert18491126-41
VerdictNot Guilty > non compos mentis
SentenceImprisonment > insanity

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41. JOHN FRANCIS was indicted for the wilful murder of Thomas Hall: he was also charged on the Coroner's Inquisition with the like offence.

MR. BODKIN and MR. CLERK conducted the Prosecution.

WILLIAM HENRY MURRAY . I am the acting-warder of the Millbank-prison—I knew Thomas Hall—he was a warder there in Nov., the prisoner was a convict, confined there at the commencement of this month—I do not recollect when he was brought there—I was not there when he was received in—I had been there a fortnight before this occurred—he was there all that time, but I do not know how long before that—the prisoner was confined in D ward, and No. 19 cell—on Wednesday afternoon, 7th Nov., Hall was the warder in charge of that ward—I was on duty in toe adjoining ward, letter C—about half-past three that afternoon my attention was called by several persons shouting as if for assistance, I supposed it eame from D ward; I immediately went there—to pass from C ward into D, I had to unlock two gates—when I entered D ward, I saw the prisoner in the passage in D ward, which runs right in front of the cells—the ward was all locked up at the time—I had keys, so that I could go from ward to ward—there was no one but the prisoner in the passage (looking at a plan), this is a correct plan of the place—the prisoner's cell, No. 19, is put down there correctly, the next cell is Crawley's, the next to that is the store cell, and next to that the warder's room—in front of the warder's-room is the water-closet, and then, at an angle, the other cells go off the other way—where I saw the prisoner standing was nearly opposite No. 18 cell—that was next to his own—warder Sage entered into D ward almost immediately after me—he did not come the same way that I did, but the opposite end—I came in at the 19 end, and he came in at the opposite angle—Sage immediately seized the prisoner—the gates between the different wards were locked—I cannot tell whether Sage's gates were locked, I unlocked the gates from C to D—I tried every gate of the cells, and found them all locked—the prisoner's cell was locked also—it is the practice when a prisoner is taken out of his cell to lock the gate till he is brought back—I went into the officers' room, and there saw the deceased lying in a pool of blood—he laid on his left side, and the blood was all round his head—the door of that room was standing open when I came up to him—at the time I went into the Horn with Sage, there was no one in the ward but the prisoner and our two selves—no one could have got to that room, except the prisoner and the deceased—Sage had got the prisoner, we took him to the refractory cell after I had bolted all the doors of the other cells—I searched him and found on him a pair of scissors—I produce them—they were separated as they are now when I found them—they are unriveted, and in two pieces—they are the sort of scissors that are used in the gaol—the points are sharpened up in a manner not at all customary, both back and front—when I had locked up the prisoner, I returned to the officers' room where I had seen the deceased—Dr. Bailey, the surgeon to the Penitentiary, arrived in six or

seven minutes—Hall was not dead at that time—in the passage near the officers' room I saw the prisoner's pot which he used in his room—it was standing within about two and a half yards of the officers' door—it is an earthenware pot, this is it (produced)—there was blood on the bottom and up the side—the lid of it was lying in the water-closet—it was then broken as it is now—we could not find the other part of the lid, we searched for it—the water-closet where they empty the pans has water which works on it when used—there is a pipe to it; I do not know the size of it, some very small things would go down it—if the piece of broken lid was broken in two or three pieces it might go down, it would not go down in one piece—while the prisoner was in the passage near the door of 18 cell, the witness Crawley said to me, "Seize the scoundrel, for he has murdered warder Hall I believe, for 1 heard him groan"—the prisoner made no reply.

COURT. Q. Did Crawley say that to you in the prisoner's hearing? A. Yes; it was when I had got about half-way down the passage, just as Sage was coming up—he said, "Seize this scoundrel, for he has murdered warder Hall" or "Mr. Hall"—the prisoner was within about two yards or two and a half yards of Crawley at the time—I am sure he heard it.

Cross-examined by MR. BALLANTINE. Q. There were two or three words in your first answer to a question, which you altered in a second: you say now that Crawley cried out, "Seize the scoundrel, for he has murdered Mr. Hall;" I understood you to say at first, "I think he has murdered Mr. Hall, for I heard him groan;" which was it? A. I cannot say exactlv whether it was, "I think," or whether it was, "He has murdered Mr. Hall"—I am sure he said he heard him groan—the water-closet is in the centre part—I found the broken lid lying within the water-closet, a little to the right-hand side, as you enter the closet—all the prisoners' cells are of one sise, and have a single entrance into the passage—the width of the entrance is about two feet—there is a gate through which they can see—the whole of the gate is a grating through which they can see—there is a gate and a door; a solid door and a grating—the inside door is shut at night; it is always unbolted from the morning till four o'clock in the evening—the bars of the gratings are about four inches apart—you can put your arm through—the bars are square, but the hole between the grating is an oval—the prisoner would have an hour's exercise during the day—the wards are all scaled off for exercise at different times—there are regular hours for exercise, but not the same hour each day—during that exercise the prisoners are not allowed to have any communication with any of the other prisoners, neither by word of mouth or in any other way—the whole ward, consisting of thirty men, are exercised at the same time—the communication would depend upon whether we observed them or not—there is a warder employed, whose duty it is to take care that no communication takes place—they are required to walk as far from each other as we can extend them considering the number in the ward, about five or six yards apart—they do not wear masks, nor are they concealed in any way, merely the ordinary prison dress—with the exception of that hour of exercise, they are shut up in their cells for the remainder of the twenty-four hours, unless they want to go out for anything, or in the morning for cleaning the wards—their meals are taken in to them—they are not

allowed to communicate by word of mouth with the warders who take in their meals, except in the execution of duty—they have no right to address the warders except the warders address them, or they wish to ask for anything they want—if they ask for that which is necessary, it is considered to be a proper use of their voice; otherwise they are not to hold any communication—they are not allowed to speak unless they are spoken to, or want something necessary—if they do want anything necessary, such as going to the water-closet, there is a signal in each cell for that purpose, without using their voice—I have only been a short time at the Penitentiary this time—I was there two years before—the pool of blood was near the deceased's head; he laid with his feet towards the room-door; his head was inside, close by the side of his bed—he slept in the ward—the door of the warder's room is exactly opposite the door of the water-closet—Dr. Bailey and Mr. Rendel are the doctors of the prison.

JAMBS SAGE . I am a warder in Millbank. prison, and have been there between five and six months—my ward is C ward at present—on 7th No?, it was F ward—I received the prisoner when I was in one of the wards, but I do not know rightly how long he bad been a prisoner—I think he was there before I was—on the day this happened I was in my own ward F, and heard an alarm from D ward—I proceeded there—I found the gate leading into D ward locked—I unlocked it—I saw the prisoner there, standing in the centre of the ward, close to the warder's room—he was not doing anything—I beard a groaning proceeding from the warder's room—I seized the prisoner, and with assistance took him away to the refractory cell—I returned to the D ward in about seven or eight minutes, and then went into the warder's room—I found Hall on the ground in his room; nobody was with him—I and Warder Murray came in together—he was not sensible—there was blood about his head, his feet were towards the door—when I saw the prisoner he appeared to be in a state of very great excitement—I noticed a mark of blood across his right eye—that blood appeared to be fresh

COURT. Q. Was there anything about himself to make that blood? A. I saw nothing: there was no mark on-hit person which made it possible for, the blood to be his own.

Cross-examined by MR. BODKIN. Q. You saw him searched, I believe? A, Yes; I saw these scissors found on him—I attended to the deceased till seven o'clock in the evening—he never recovered his senses—he died on the Thursday, about twenty minutes before eleven o'clock—at the time 1 first came in, I beard Crawley say, "For God's take, seize the prisoner or Francia! I think he has murdered Mr. Hall"—it was from Crawley calling out that I first heard the alarm—he said that loud enough for the prisoner to hear—he made no observation upon it—I saw this pan there; it was in the water-closet, both the pan and the top—I was examined before the Coroner, the prisoner was present, and put questions to me—he was also present when I was examined before the Magistrate.

Cross-examined. Q. You have said that the prisoner appeared in a state of great excitement, what was he doing? A. He was standing still—he appeared very pale, as if he had done something wrong—I did not notice where his hands were—I did not wash off the blood over his eye.

MR. CLERK. Q. Did you see him afterwards before the Coroner or Magistrate when his face had been washed? A. Yes I saw no wound on his face then, or anything of the kind.

WILLIAM CRAWLIT . I am a prisoner, confined in the Millbank prison. On Wednesday, 7th Nov., I was in 18 cell, in D ward, that was the cell next to the one in which the prisoner was—to the best of my knowledge he had been in that cell about three weeks—I was there first—on Wednesday afternoon, 7th Nov., I delivered water to the prisoners in their cells in that ward, to the prisoner, as well as the others—about half-past three o'clock, or from

that to four I was locked up in my own cell—warder Hall locked me up-after he had locked me up, I saw him go to the centre of the ward where his room is—he went to the centre to lock another prisoner up in No. 1 cell—I saw that prisoner waiting to be locked up when he locked me up—while Hall was gone away to lock him up, I heard Francis calling out for Mr. Hall—I told him it was no use for him to call out; I was sure Mr. Hall could not hear him, that he was gone down the other side to lock up a prisoner in No. 1.—he still kept on calling out for Mr. Hall—I saw Mr. Hall come round to the prisoner's cell soon afterwards—he asked Francis what he was calling for—he said, "I want to empty my pot"—Mr. Hall asked him if he had not a signal stick in his cell—he said, "You are not allowed to call out of your cell after me; you have been here long enough to know better—if the governor should have been coming by at the time, you would have been sure to have got punished for it; mind you don't do so no more"—Francis said he would not, or, "No, Sir, I won't"—Mr. Hall then let Francis out of his cell to empty his pot—to go from his cell to the water-closet he must pass my cell-door—from my cell-door I could see the entrance into the water-closet—I did not see Francis go into the water-closet—I saw him come out—I saw him pass with the pot in his hand—I got up to my gate as the prisoner passed, to ask Mr. Hall for some thread—he kept the thread in his room-before Francis came out of the water-closet, I saw Hall come across as if he had come from his room, and lean on the troughs by the water-closet door—I then saw Francis come out with his pot in one hand, and the lid in the other—Mr. Hall then turned round as if he was coming towards the cell to let the prisoner in—he went before the prisoner, and the prisoner was following him—he had the pot in his left hand—while they were walking in that way, I saw Francis strike Hall on the head with the lid of the pot; he screamed and fell—I could not say whether he had his cap on or not—I saw his cap on the ground at the time he fell; he had it as if he had had it in his hand—I never saw him walk the ward without his cap; it was a cloth cap, with an oil skin over it—Francis then rushed on him, and kicked him when he was on the ground—I said, "For God's sake, Francis, don't kill the poor old man"—he did not speak to me—he got up off Mr. Hall, and stood for a minute, and Mr. Hall then crawled away towards his own room—Francis then went towards Mr. Hall's room, and I could hear two blows—I then called out for help, for an officer, Mr. Murray—Francis then came running out from Mr. Hall's room, and stood by the check-gate, in the centre—he had then the pot in his right hand—there is a check-gate on each side the centre—they are the gates belonging to the passage—it is a tall gate that fastens up the centre that locks the passage—that is not a gate that a person would have to go through in going from ward D to C—it is a gate you would have to go through from my cell to the centre, where Hall's room is—those gates, when they are shut, prevent anybody from going into the side part of the ward where I was, and the other gate at the other side—when those gates are shut, there is no communication from Mr. Hall's room to the water-closet—Francis stood by the check-gate on my side; the check-gate was opened at that time—he then had the pot in his hand, not the lid, and there was blood on the outside of it—I said to him, "Francis, don't strike the officer any more, I am sure you will kill him"—he did not make any answer, but ran across the centre to the other side—I then saw him return again, and go in the direction of Mr. Hall's room again, and I then heard two more blows—I called out again for the officer—I kept calling all the time; some of the other prisoners called

also—Mr. Murray, the warder, came to the cnaek-gate, in the general centre, and asked what was the matter—I told him that I thought Francis had killed Mr. Hall, for I had not heard him since he knocked him down senseless, and groaned—Francis stood opposite my cell at that time—I saw him taken into custody by Sage—I saw the first blow that was struck with the lid of the pot—the lid was whole at that time—I cannot say whether it was whole when Francis came out of he water-closet, with the pot in one hand, and the lid in the other—it was whole when I gave the water into the cell at half-past two, I saw it then—I heard the lid fall and break when he struck Mr. Hall on the head—the day before this occurred, I had a conversation with Francis concerning Dr. Bailey; we were in our cells at the time—he said he wanted to see Dr. Bailey—I asked why he did not see him—he said that he bad asked to see him, and they had told him they had put his name down in the books, but he did not believe it—he said, when he was in the other part of the prison, be only applied to see Dr. Bailey over night, and he saw him next morning—Mr. Hall came down the ward soon after, and I heard the prisoner ask him when he should see Dr. Bailey—Mr. Hall said that his name was down on the books to see Dr. Bailey, but Dr. Bailey was not supposed to see him at a minute's notice, as there were other prisoners who wanted to see him as well as him—he said, "You have seen the other doctor, and what more do you want; but I have no doubt you will see Dr. Bailey to-morrow"—when Mr. Hall asked him what he wanted to see the doctor for, the prisoner said-something about the diet, that he had had more diet when he was at the hulks, and he wanted to get the same diet again—Mr. Hall asked him how long he had been there (at Millbank), he said about eight weeks—Mr. Hall then asked him why he did not apply for it before, he thought he would have something to do now to get it—the prisoner then asked him for a sheet of paper to write to his priest, as he could not see him unless he wrote to him—I heard Mr. Hall afterwards go and ask him of what religion he was, and I believe he said he was a Jew—Hall asked him if his time was up to write—we are only allowed to write once in three months—the prisoner said it was not—Mr. Hall said then he could not give him a sheet of paper, but he would put his name down to see the governor, that was all he could do for him, that was to get a special permission—I heard nothing more pass at that time—when Mr. Hall came up from having his dinner, he told the prisoner that he must see the chaplain, as well as the governor, and that he should set the governor to-morrow morning—the prisoner said, "Very well."

Q. Was there at any time any communication between you and the prisoner from your cells by means of a slate being passed? A. There was—that was on the Monday, I believe, or the Tuesday, I would not be certain which, before this happened—the prisoner wrote on the slate, desiring me to ask Mr. Hall whether he thought they were going to send him to the New Model Prison or no, as there were six of them, as he heard, picked out of the worst characters to be sent to the New Model Prison, and he wished to know if he was one of them—I told him I would do so.

Cross-examined, Q. How long had you been in this place? A. Seven weeks—my sentence was seven years—they are all transports there—I cannot say what my age is exactly.

Q. Were you, like the others, kept in this solitary confinement? A. I was, except at times when I went out with the officer—I was not indulged inore than others—there is one selected in every ward to go out with the officer, one nearest to the centre—I do not know whether they select a well-conducted

person—I was the person selected—I do not think it is considered any favour; it gets you out at a period when you would not otherwise be out, sometimes for an hour at a time, and sometimes for half an hour, in every day—there are three men taken out every day to go down stairs to fetch up the dinner—we are not allowed to talk then if it is known; we endeavour to talk if we can—I am sure I saw this blow struck—I had heard no words between the prisoner and Hall before the blow was struck; I heard no quarrel whatever, nor any words at all—I had asked Hall for the thread, as he passed by, and was waiting for it—the prisoner was coming out of the passage of the water-closet; it was in the passage that the blow was struck, not in the water-closet, but outside, by the troughs, in the passage of the general centre—there are two gates, one on each side the centre, dividing the wards from the centre—the blow was struck on my side the gate—he had not gone through the check-gate—the check-gate separates the centre from the cells and the water-closet.

COURT. Q. AS I understand it, between the water-closet and the warder's room are check-gates, separating it from the cells on either side? A. Yes—Mr. Hall had not passed the check-gate on my side before the blow was struck; he was in the centre when he was struck, on the water-closet side of the check-gate; he was in the place between the two check-gates, and the water-closet and the warder's room.

MR. BALLANTINE. Q. Did the prisoner ever go back to the water-closet after the blow was struck? A. He did not, as I saw; I saw him stand on the mat by the water-closet door—he could have gone in, and I not see him—it was when I told him not to kill the poor old man that he was on the mat; be stood on the mat, and looked—I do not know whether Hall was an old man; he did not look very young—I did not see the prisoner go into the water-closet, I saw the pot outside the water-closet; if it was inside afterwards he must have gone inside and put it there; there was no one else to do it.

Q. Did you see the prisoner go into the warder's room at all? A. I saw him go in that direction—he then had the pot in his hand; that was before I heard the first two blows; and after I heard the second two blows he had the pot in his hand, when he returned from the check-gate to go towards the officers' room—I cannot tell what had become of the lid at that time; it had dropped on the ground—I am quite sure the lid was in a perfect state between two and three o'clock that day—the top was perfect as well as the side.

Q. You say the prisoner wanted to see Dr. Bailey; did you hear him complain at all of his head? A. I did not, not to me; I did not hear him complain to Hall, or to any one—I did not hear him complain of anything, except the diet—he told me he had sunk greatly since he had been there—we have five ounces of meat every day, except Wednesday and Sunday; then we have one pint of soup, made with three ounces of meat, and a pound and six ounces of bread a day—Hall was always very kind to me, and to all the prisoners.

MR. BODKIN. Q. What had you been before you were convicted? A, A labourer, at Gloucester—I was tried in Gloucestershire—I was a labourer in the fields, or at anything in agricultural work.

JOHN WESTBURY . I am a prisoner in Millbank prison, I have been there about a month—I was in No. 16 cell, on the F side, next to the warder's room—I heard a blow struck and then quarrelling—Hall said," For God's sake have

mercy on me!"—I knew his voice, I had spoken to him not a minute before—he said, "You will kill me," or, "Don't you kill me"—but there was a blow struck while he was crying out for mercy, which prevented my hearing distinctly—there had been four or fire blows before that—the voice came from the centre, between the water-closet and the officers' room—I could see into the centre, as far as the wooden gates—I did not see any blow struck—somebody immediately said, "Yes, you b I will"—I then heard another blow, and then cries from all the people—the prisoner then came against the check-gate, next to my cell—he could see me very plainly—he told me to be still, and keep quiet, because we were shouting out—he had a large pot in his hand, like this—he went towards the officers' cell, which is next to my room—I heard several blows struck after he got inside the officers' room.

Cross-examined. Q. You have not received a pardon since this? A. No.

JAMES DAVY RKNDEL . I am resident-surgeon, at Millbank Prison. On 7th Nov. I was called to see Hall—he was insensible—he had a large wound on the right side of his head, above the right ear, bleeding very much—there was an extensive fracture extending to the base of the skull, commencing on the right side, and going over to the opposite side—it was sufficient to cause death—he died at eleven or twelve o'clock next evening—many blows must have been given to produce what I saw—I should think the fracture of the skull must have been produced by the larger part of this vessel—I first saw the prisoner on the day of his admission, and many times since—he was removed in the early part of this year, and I believe he had been back eight or nine weeks.

Cross-examined, Q. You are the under-surgeon of the gaol? A. There is no other—Dr. Bailey attends as the physician—I knew nothing of the prisoner before he came there—when I saw him the first time, I asked him if he was the man who made an attack on Mr. Dabbs—I do not recollect whether he said anything—I did not say I would have him flogged—I told him it was a thing he ought not to have done, but nothing more—I did not say I had just come from Woolwich, and would have him flogged, if I had my will—I have not been to Woolwich at all-r-1 do not believe I ever said to him I would have him flogged if I had my will—I will not swear it, but am sure I did not say it—I have heard no complaint of my using that expression—he said something about my not attending to him, as he could get no treatment, and he should see one of the Inspectors—I wished him to see the Inspector—he had a prolapsus of the rectum, which is painful when the bowels act, but not otherwise, when it is returned—it is not a particularly irritating disease—there was nothing for me to do but to return it when it came down—he has not had inflammation of the bowels in the Penitentiary—I had not heard that he had been confined as a lunatic—if a person had been in a state of lunacy, in all probability he would not have been put in separate confinement—not if it had been only two or three months before—it would depend a great deal on the nature of the insanity—if it had been a few years before, the ordinary rule of the prison would be followed—if he was placed in solitary confinement, it would be likely to make him mad again—when I place prisoners under treatment, I always inquire, as far as I am able, into the state of their previous health—I had not heard that he had been treated as a lunatic—the lunacy would be more likely to return if it was an hereditary taint.

MR. BODKIN. Q. Do you mean to apply the term "solitary confinement" to the treatment of the prisoners io Millbank? A. There is no solitary confinement

there—it is separate confinement, which is very different—in solitary confinement, the prisoner sees no one, I believe, but his officer during the day—in separate confinement persons are continually passing and repassing, and they have the opportunity of speaking to prisoners and to their officer, and are provided with work—the work and imprisonment in Millbank would certainly not be likely to make lunacy return, in a case like this, unless it had been two or three months previously; it would not then be justifiable—if he had been well two years I should treat him in this way—it would certainly have no effect then.

WILLIAM BAILEY, ESQ . I am visiting physician to Millbank Penitentiary—I believe the prisoner came there in Aug. last—I saw him about a fortnight afterwards, when the question was submitted to me, whether he was able to do the ordinary work of the prison, which is tailoring, picking oakum, shoemaking, and hard labour at the pumps—I said he was able to work at a trade, but not at the pumps, and I believe he was so employed—he was not a strong muscular man, and had a disease of the rectum—he had the ordinary diet of the prison—I saw him on three occasions, the one I have referred to, and a second time, in making a general inspection of the male convicts, when nothing particular passed, and a third time, when I inspected him and other men, to ascertain whether he was fit to be transported to Norfolk Island, in Oct., or the beginning of November, last year—he then complained of symptoms of dyspepsia, of pain in the chest, and of prolapsus ani—he told me he had passed blood that day through bis bowels, and I went with him to his cell to examine his utensil—I do not recollect whether I saw any blood, but the result was that I certified that he was not fit to be transported—that was about a week before 7th Nov.

Cross-examined. Q. You mean a variety of things by dyspepsia? A I mean indigestion, I thought he was suffering slightly from indigestion—lunatic people do not generally suffer from giddiness, only from headache—in persons predisposed to affections of the brain, dyspepsia might induce an attack—I do not think dyspepsia would have a tendency to produce apoplexy, it would produce some kinds of disorder of the brain—I must have seen the prisoner in Feb., 1846—I have no memorandum of the observations I made then—the system at Millbank is not strictly solitary, it is a modified separate system—when I examined him in Feb. he was well in body and mind—on 5th March I was sent specially to the Palmyra, convict-ship, to ascertain his state of mind—I believed him to be insane, and ordered him on board the hospital-ship, as an insane patient—I do not know how long be remained there—he was under Mr. Blyth's care—I believe his insanity arose from the prospect of transportation acting on his mind—that has acted on a sane mind—I have been several times sent for to Woolwich, to examine prisoners insane from a similar cause, and I know they were sane when sent on board the convict-ship—it is difficult to get satisfactory evidence of the state of the parents—if a person from birth was predisposed to insanity, he would be more likely to be affected in that way, by fear—as far as I recollect the prisoner's state, he was of an average habit, rather weak than strong—his madness was a sort of timidity and terror—he seemed afraid that individuals would do him an injury—as far as I recollect I made a report, but I have not seen it since, and I do not recollect it—I do not recollect that he broke out into any acts of violence—I should have considered it safe to have left him with other persons—his state would not lead to immediate acts of violence.

Q. But if a person is labouring under the apprehension that another person

will do him violence, is it not likely that he will act as if the violence is about to he committed? A. In any case of acute insanity there would be such a risk—I am now speaking of 1846—I had seen him in perfect health within a week or ten days before I declared him insane—it was immediately the terror began to operate upon him, on 5th March.

MR. BODKIN. Q. In the cases you have mentioned, where persons under the apprehension of being transported hare exhibited symptoms of insanity, do you know what became of them afterwards? A. Some were sent, as this man was, to the hulks, and others to Bedlam—I have been ten years connected with the Penitentiary—during the first five or six years it had no relation to the hulks, and all insane patients were sent to Bedlam—but now it is merely a depot for transports, and the hulks at Woolwich are part of the same establishment—I recollect one or two cases where patients have returned from Bedlam, and have been transported, and I have heard no more of them—I have never heard of temporary insanity returning, after the lapse of two years, under such circumstances as these—the prisoner Was at Millbank, on this last occasion, expecting to be transported, or removed to some other place of confinement—he did not know the object of my examination—I had examined him in the interval between Feb. 1846 and 1849—the examination in 1849 was to see if he was fit to be sent to the Defence hulk—the questions I put to him would be the same as those in 1846, but the circumstances would be quite different—in 1846 I examined him, with a large number of others, in a passage, and it was quite obvious that they were about to be transported, or removed—on the last occasion I examined him in one of the central towers, under the examination of Captain O'Brien, and he did not know the object of the examination—I told the officer to take him before the surgeon next morning—bodies of prisoners are constantly being removed from Millbank to the Model Prison and the hulks—after they leave the Model Prison they are sent to the Isle of Portland, and afterwards transported—in all probability the prisoner heard me say that the surgeon should attend him.

MR. BALLANTINE called the following witnesses,

NATHAN CANSTATT . I am a surgeon, residing at Bevis-Marks. I have known the family of the prisoner for many years, and have professionally attended almost all the branches—I knew his sister Amelia—she died about two and a half or three years since—I knew her from her infancy; she was always of a weakly mind—she died mad—she had been mad to my knowledge about three years before her death.

COURT. Q. What species of lunacy was hers? A. Hysterical mania, such as females are more particularly liable to, depending on hysteria.

MR. ROBINSON. Q. Did you know a Mrs. Aarons, an aunt of the prisoner's? A. I did not know her, but I know he has an aunt now in confinement, at Birmingham, for madness; in fact, the whole of the family are of a very weakly mind—the mother is not a strong-minded woman, the father was an old man, and the mother a young woman, when they married and the progeny are all more or less weakly—a cousin of the prisoner, named Lazarus, went and threw herself into the river, and was taken before a Magistrate—I became bail for her—I took care of her, and she got well again.

Cross-examined by MR. BODKIN. Q. With respect to the aunt, did you ever see her? A. No, but I know the fact from my intimacy with the family—I know, from what I have been told, that she has been in confinement several times—his sister Amelia was a single woman—I think she was about twenty-four or twenty-five when she died—I attended her professionally

during her illness—hysterical mania is very common among females—it was necessary to confine her on the bed, and have persons to hold her—I think, for a short time, she was sent to the workhouse, and came back from there—she never was well, but there were periods at which she was much worse than at other times—she was a person of weakly constitution—these hysterical attacks would last four or five months together; in fact, she never was well, never in a sane mind; but at certain periods she was more violent, and required coercion—I only speak for the last three years of her life; I knew her before—I knew her mother from her earliest days, from her marriage, but I only saw them professionally; I did not associate with them—I believe no complaint was made of any disease of the sister until the time I speak of—she died eventually of that disease—I think she died in King-street, Commercial-road—if I remember right I was attending her at that time.

MR. BALLANTINE. Q. You say she died of that disease; what disease do you mean? A. Insanity—I cannot say whether hysterical mania lasts as it did in her case, unless there is a predisposition to insanity—it is not usual for hysteria to last for four or five months together—she was naturally of weak mind and infirm, but it was increased by the peculiar state of her body and general ill-health, and at the time of the menstrual discharge—it was while I was treating her that I was told about the aunt—the mother is a person of very weak mind.

ALEXANDER BLYTH . I am a resident medical-officer, on board the Unit'e hospital ship, lying off Woolwich, The prisoner was transferred from the Lady Palmyra convict hulk, on 5th March, 1846—I attended him; Mr. Bossy, the superintendent, also saw him, and we were both of opinion that he was insane at that time—he was labouring under the delusion that some one intended to do him some personal injury—he showed evident signs of fear in his manner, and he was shouting out of the port of the ship all night the first night he came; he was shouting to the sentinels on the wharf opposite, and calling for assistance; that some one was murdering him; and he also spoke to any one that was passing, or any of the watermen, to the same effect, shouting out that he was being murdered—he was shouting in that manner all that night—he remained under my care several weeks at that time—he remained insane during the whole of that period—he gradually recovered, but he was more or less insane for several weeks—he had the ordinary diet at first—he has been frequently in the hospital, but not for insanity—he laboured under dyspepsia, and on one occasion he bad rather a sharp attack of fever—that did not produce delirium, or affect his brain—he also had an ulcerated sore throat once or twice—he was continually complaining of that ailment already mentioned, the prolapsus anit—I ascertained that that was perfectly true—it is the bowel coming out at the time the faces are discharged—I never saw him after he left the hulk.

Q. Was there any time that he threw himself overboard? A. I have no distinct recollection of that circumstance, and I can find no note of it; it has been mentioned to me—I was not aware of any predisposing cause to insanity—I made no inquiry about his family, and knew nothing about them, and there are no remarks in our books—a person who inherited a disease of this kind would be less likely to be cured than one to whom it came incidentally—hereditary insanity is much more seldom cured than any other form, and when the predisposing cause exists it is much more easily excited—when we first received him on board the hulks he seemed to have great terror—we came to the conclusion at that time that his embarkation had something to do with the attack of insanity.

COURT. Q. You thought his being about to be transported was the cause? A. Yes.

Cross-examined by MR. BODKIN. Q. When did you see him last? A. The last time I have a distinct recollection of him was on 12th Jan.; he was then discharged from the hospital—he had been there with an ulcerated sore throat—he was discharged cured.

MR. BODKIN called

ALEXANDER JOHN SUTHERLAND, ESQ . I am a physician, confining my attention and practice very much to diseases of the mind. By the direction of the Government I have seen the prisoner in Newgate, on two occasions—those visits were paid with a view to ascertain, if I could, the state of his mind—I had conversations with him on those occasions—I have heard the evidence in this case.

Upon MR. BODKIN commencing his next question thus—Having heard that evidence, in your judgment—"MR. BARON ALDERSON interposed, and objected to the judgment of the witness being substituted for that of the Jury; upon which, MR. BODKIN put the following question:—Q. Upon the facts that have been proved in this case on the one side and on the other, are you enabled to form any judgment as to the state of the prisoner's mind at the time he committed the act in question?

MR. BARON ALDERSON : "I am of opinion that that question cannot be put." (MR. BODKIN referred to the decision in M'Naughten'scase.) "I am aware of that decision, and am quite sure it was wrong, and the sooner it is corrected the better. What are the facts proved? Is Dr. Sutherland to be the Judge, or the Jury and I? It implies that the facts are proved; there are no facts proved at present. I decide that the question cannot be put as a matter of right, and I do not think it ought as a matter of convenience. The way to examine a scientific witness is to put general questions to him, such as 'What are the symptoms of insanity? 'In what way do you judge such a symptom to be one of insanity or the reverse? and the Jury will apply his hypothetic answer to the facts before them; if it agrees with the facts, they will apply the opinion; if not, it goes for nothing. If you wish to ask his judgment upon what he saw on the two occasions, you may; but my difficulty is, that your question implies that the facts are proved."

Q. Were you enabled to form any opinion as to the state of his mind from the two interviews you had with him? A. I think I was—he did not, in my judgment in those interviews exhibit any symptom of insanity—I spoke to him on the subject of this charge—I only asked him whether he recollected the time the murder was committed—he said he did—I asked him as to his previous history, and as to his disease—he told me that he had been bad in his head, out of his mind, in March, or April, 1846—he said that he had been told so, and that the prisoners had told him that had it not been for the officers on board the ship he should have thrown himself overboard—he said ho had no recollection of the subject himself.

Q. Supposing a man to have had an attack of insanity in the early part of 1846, under which he suffered a few weeks, gradually recovering; to have recovered, and to have been, from that time down to the latter part of 1849, without any symptom of disease of that kind, would you refer an act of violence, suddenly committed by him at the latter period, to an unsound state of mind? A. Not without very great inquiry as to the cause and the symptoms at the time—I mean, as to the cause that produced the disease, and as to the symptoms of the disease itself.

Q. Supposing the man in his attack in 1846 to have exhibited as the symptom of his insanity, great terror and apprehension of being sent away from his own country, from which he recovered; and in Oct. this year he had reason to think some such removal was likely to take place, and he committed an act of violence soon after that reached his knowledge; how would that affect your view, with reference to the question of insanity? A. I should think it very likely to re-produce a temporary attack of insanity.

COURT. Q. A similar state of circumstances might produce a similar attack? A. Yes, I should think if he was really mad in 1846 because he expected to be transported, it would not be at all improbable that if he expected to be transported in 1849, it would produce a temporary state of madness. The fact of his committing the violent act in a place from which he could not possibly escape, would be a symptom to be taken in connexion with others.

GILBERT M'MURDO, ESQ . The prisoner has been under my observation since he has been in Newgate—I have not observed any evidences of insanity about him, in any intercourse I have had with him.

Q. I will put the same question to you that I did to Dr. Sutherland. Supposing a man to have been attacked with temporary insanity in the early part of 1846, to have exhibited a great degree of terror and alarm at the prospect of being removed from this country; to have recovered his mind, and continued to have his mind uninterrupted down to October last, when there was reason to believe he might be sent away in the same manner; under these circumstances would you refer an act of violence, committed by him, to a recurrence of the previous insanity or not? A. I should refer it to insanity.

NOT GUILTY , on the ground of insanity—Ordered to be detained until Her Majesty's pleasure be known.

Before Mr. Justice Cresswell.

26th November 1849
Reference Numbert18491126-44
VerdictNot Guilty > unknown

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26th November 1849
Reference Numbert18491126-45
VerdictGuilty > unknown

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45. MARY DEWITT , feloniously inserting and causing to be inserted a certain false entry in a register book of births.

MESSRS. BODKIN and CLERK conducted the Prosecution. WILLIAM JAMES JONES. I am registrar of births and deaths for the district of St. Clement's Danes, at No. 4, Portugal-street, Lincoln's-inn Fields. On Tuesday, 13th Nov., the prisoner came to my office with another woman, between eleven and twelve o'clock in the morning—she said she came to Register the birth of a child—I asked whether she was the mother of the child: she said she was—she said she resided at 17, Ship-yard—that is within my district—I first took a slate for the purpose of making a preliminary entry, as is the custom—I asked her when the child was born; she said, "On 1st Nov., 1849"—I asked where it was born; she said," At 17, Ship-yard"—I next asked its Christian name; she told me "Mary Ann"—I then inquired, merely from custom, as some names apply to both sexes, what sex it was; she said, "A girl"—I then asked the Christian and surname of the father; she said, "Matthew Daley"—I then, from the promptings and hesitation which I saw, asked whether that was the name of her husband; she said it was—I then asked her own name; she said, "Ellen Daley"—and on asking her name before marriage, she said, "Ellen Cullen"—I asked the trade of her husband, and she said, "A stonemason"—that finished my slate entry—I have in my

office a printed caution—I called the prisoner's attention to it and explained it to her particularly—I did not read it to her, for I ascertained from her that she could write, and I assumed that she could read—I told her she must consider herself in the position of a person who was taking an oath in a Court of Justice, and was giving evidence, and that she would be punished if she said what was untrue—she said it was all right—after having taken the particulars on the slate, I made an entry in the register-book to the extent I have mentioned—I have that entry here—(reads it—"1st Nov. 1849. 17, Ship-yard, St. Clement's Danes Mary Ann Girl Matthew Daley Ellen Daley, formerly Cullen f Stonemason")—the next thing was the name of the person giving the information; but before she signed the name, as she said she was the mother, I wrote, "Mother. 17, Ship-yard, St. Clement's Danes," and she wrote the name of "Ellen Daley" above it—I then completed the entry by writing under it the date when registered, "13th Nov. 1849," and affixing my signature, "W. J, Jones, Registrar."

Cross-examined by MR. PRENDERGAST, JUN. Q. You did not state before the Magistrate that you asked her where the child was born: did you? A. Yes.—(The witness's deposition being read, stated, "She stated that the child was born on 1st Nov., 1849")—the woman who came with her sat down—they both sat—after they left I made some inquiry, because I, being a medical man, had reason to suppose, from her appearance, that the could not have been confined so lately as 1st Nov.—she was about a yard from me—the other woman sat at the side, about two yards away, I had nothing to do with her—the prisoner did not bring a child with her—when I asked whether she was the mother of the child, she did not say, "This is the mother of the child,"but that she was the mother.

MR. CLERK. Q. Are you certain as to which woman signed the book? A. Perfectly.

SARAH RABBAOE . I live at 17, Ship-yard, Temple-bar. The prisoner has lodged in my house about eighteen months—her name is Mary Dewitt—she is married—her husband's name is Thomas Dewitt—I never knew her by the name of Daley or Cullen—she had no child born in that house on 1st Nov.—on 13th Aug. she had a child born, which has gone by her own name—no child was born in that house on 1st Nov.

Cross-examined, Q. Was she a well-conducted woman? A. Always an honest, industrious woman, and the sole support of her family—I am not aware that she has a friend named Ellen Cullen.

W. J. JONES re-examined. She has not registered any child in her own name since 13th Aug.—she told me subsequently that she had not done so—there is another registrar, but they are obliged to register in my district from Ship-yard—it is a long way from the other district

MR. BODKIN proposed to read the prisoner's statement before the Magistrate but as it did not appear upon the face of the deposition that the two cautions contained in the Statute had been complied with, MR. JUSTICE CRESSWBLL intimated that evidence should be given to show that they were, and at MR. BODKIN'S request he also received evidence of the Magistrate's signature, though he did not consider that proof necessary*

WILLIAM ROBERT BLACK (police-inspector A). I am acquainted with the handwriting of Mr. Jardine, the Magistrate at Bow-street—this is his signature.

JOHN HAYWARD . I am in the office of the Solicitor to the Treasury. I was in attendance at the examination of the prisoner, and heard her make a statement, which was read over to her, and she signed it—this is it—I heard

the Magistrate caution her before she made it, but I cannot recollect in what terras—I am aware of the length of the double caution, and I cannot think his speech was quite so long as the words of the Act of Parliament—(Mr. PRENDERGAST, on this evidence, objected to its being read, but MR. JUSTICE CRESSWELL received it, and would reserve the question if it became necessary—(read—"I have done wrong, and I have done it not knowing what I was doing; I did not understand what it was; the mother of the child told me what to say.") MR. BODKIN stated to the Court that a doubt existed whether the 43d section of the Act, upon which the indictment was framed, was not intended to apply to the case of a person interfering with a register already completed, and whether the making a false statement, intending it to be inserted, amounted only to the misdemeanor contemplated by the 41st section. MR. JUSTICE CRESSWELL'S impression was, that if she applied to the registrar to insert a certain statement, and he inserted it, it could not he said that she did anything less than cause it to be inserted. MR. BARON ALDERSON, upon being consulted, concurred in this opinion. MR. PRENDERGAST, in asking the Court to reserve the point, submitted that the insertion being innocently made by the registrar, might make some difference in the defendant's guilt, otherwise it might be in his power, by completing the register, to make that a felony which would only amount to a misdemeanor. MR. JUSTICE CRESSWELL: Try that by analogy; A gives poison to B, to administer to C; B suspects it to be poison, and does not administer it. That is a misdemeanor. B does not suspect it, and administers it, and death follows; that is murder." The COURT, entertaining no doubt upon the point, declined to reserve it.)

GUILTY . Aged 20.— Confined One Month.

NEW COURT—Thursday, November 28th, 1849.


Before Mr. Recorder and the Sixth Jury.

26th November 1849
Reference Numbert18491126-46
VerdictGuilty > with recommendation; Not Guilty > unknown

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46. DIANA RING and MARY ANN DODD , stealing 8 forks, 2 sheets, and other articles, value 30l.; the goods of Frederick Turner, the master of Ring, in his dwelling-house.—2d COUNT, charging Dodd with feloniously receiving the same.

MR. LAWRENCE conducted the Prosecution.

FREDERICK TURNER . I am a solicitor; I occupy chambers at 4, Raymond-buildings, Gray's-inn; I dwell in my chambers. The prisoner Ring came into my service as housekeeper in May, 1848—she had the charge of all my plate—I lost a great deal of plate and linen—in consequence of something I discovered, I gave Ring notice to quit my service on 8th Nov., and I desired her to make an inventory of the plate and other things, to give to a new servant—on Thursday morning, 8th Nov., I found on my breakfast-table this letter, which I believe is in Ring's writing—I rang the bell for her—I asked her for the duplicates, and she gave me them wrapped up in a piece of brown paper; she then fell on her knees and begged forgiveness—I spoke to her about the letter, and asked if she had made the inventory—she said she had not, she was too unwell—I directed her to commence doing so, and assisted her in doing it—on doing it, I found the plate and other things were deficient—I went with her to the pawnbroker, who refused to give up the things, and I gave her into custody—on the evening of the 8th Nov. I went with the officer to 25, Everett-street; on inquiring for Mrs. Smith, Dodd

made her appearance, she said she was the person; she said she had known Ring for many years; that she had been in the habit of pawning for her in the name of Smith, and that Ring stated she brought this property to pawn for the purpose of paying bills—on my asking her whether she had received any portion of the money, or any benefit from it, she said she had not; that she handed the money always to Ring—I asked her whether she had any more of my property—she said "No," and offered to allow her drawers to be searched, and she opened one or two of them for that purpose—I did not observe anything there, and I left the place—I directed her to attend at the police-court; at least, the policeman went there for the purpose of summoning her to attend, and she did attend—this letter was in my hand when I rang the bell for Ring, and conversation ensued alluding to this note—I have not seen her write, I have seen the figures she has made in the housekeeping-book; there may have been a few words, but they are mostly printed—here are some figures in this note—I believe it to be her writing (letter read)—"Thursday morning. Sir; I write this in hopes of forgiveness. I am sorry to say I have made use of your plate to the amount of 20l. If you will be so merciful as to forgive me, I have a friend who will give 10l. on Monday, and 4l. 15s. my wages: and in less than a month you shall have the remainder. I hope and trust you will he charitable enough to forgive me; if not, please to send for a constable and relieve me, for I am bordering on a state of madness. For God's sake be merciful! "

CHARLES RENYARD (policeman, E 188). On 8th Nov. the prosecutor gave Ring into my custody, on a charge of stealing twelve silver spoons and other articles—Ring stated she had pawned the plate and taken it out again several times—she said when Mr. Turner had company she had taken the plate out, and was obliged to pawn it again—she said she had borrowed money to take it out, and pawned it again to return the money—I received these duplicates from Mr. Turner.

WILLIAM WILSON . I am assistant to Mr. Gill, a pawnbroker. I produce six forks pawned on 1st Feb., 1849; two pawned on 30th Aug., 1849; and two spoons pawned on 17th Feb. 1849—I have some sheets, but they were not pawned on the same day—I have two dessert forks pawned on the 4th Nov., 1848—I have the duplicates of them that I kept, and I find a corresponding duplicate which was delivered up by the prisoner—these are the two dessert forks pawned on 4th Nov. 1848—I have no spoons pawned on that day—I cannot say for certain who pawned these forks—it. was either Dodd or her servant—Dodd has pawned some of these articles in the name of Mrs. Smith—I know Ring, she has been to our shop once, and pawned an article.

Cross-examined by MR. PAYNE. Q. Have not the articles been pawned and taken out and pawned again? A, Yes, a great number of times during the last year and a half.

SOPHIA COTTON . I lived with the prisoner Dodd, at 25, Everett-street, Brunswick-square. I have pawned articles for her—I pawned a silver dessert spoon for 10s., and a silver fork for 10s.—I do not know when; it may be two or three months ago—I pawned them in the name of Mrs. Smith, 25, Everett-street—Dodd told me to do so—I know Ring; I have seen her at Mrs. Dodd's, and I have gone with a message to her from Mrs. Dodd—I think I have pawned sheets—I always understood from Mrs. Dodd, it was to make up a little payment, she did not say for whom—I have always given her the money.

RING— GUILTY . Aged 38.—Recommended to mercy by the Jury and Prosecutor.


26th November 1849
Reference Numbert18491126-47
VerdictGuilty > pleaded guilty; Not Guilty > no evidence

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47. DIANA RING and MARY ANN DODD were again indicted for stealing 1 sheet and other articles, value 5l. 10s.; also 9 sheets and other articles, value 16l.; the goods of Frederick Turner, the master of Ring; to both which RINGpleaded GUILTY . Aged 38.— Confined Six Months.

(MR. LAWRENCE offered no evidence against Dodd.)


26th November 1849
Reference Numbert18491126-48
VerdictsGuilty > pleaded guilty

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48. CHARLES LAUGHNE , feloniously and knowingly uttering a forged request for the delivery of 1 piece of black silk, with intent to defraud Thomas Brooks ; he was also charged with uttering 3 other forged requests for goods, with intent to defraud other parties, to all which he pleaded

GUILTY . Aged 24.— Transported for Seven Years. (Sergeant Russell of the City-police, stated that there were other charges brought before the Magistrate, not the subject of these indictments.)

26th November 1849
Reference Numbert18491126-49
VerdictGuilty > unknown

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49. JOHN PARRETT , stealing 1 bag, value 1d., and 20 lbs. weight of coffee, value 6s. 8d.; the goods of the St. Katherine Dock Company.

MESSRS. CLARKSON and PARRY conducted the Prosecution.

RICHARD TITSWELL . I am a gate-keeper, in the service of the St. Katherine's Dock Company. On Saturday, 17th Nov., at a quarter before four o'clock, I was keeping the gate, and the prisoner came up; he is a labourer in the employ of the Company—he asked if I had a pass for any samples of coffee going out—I told him "No"—he went away, and came again in about five minutes with Bays and Toomey; they had a pass for twelve samples of coffee—I examined the bag the prisoner was carrying, and found in it four sample-bags; three of them were mentioned in the pass, and this one (produced) which weighed about twenty pounds of Ceylon coffee—it is worth about 4d. a pound, without the duty—on the three bags which were to be passed there was a tally-mark, and on this there was no tally-mark as there would be in the usual course of business on the samples to be passed, or else on the paper—I asked the prisoner how he came by this bag; he said he did not know anything about it, the bag was the same as was given to him—Bays was there, he said he did not know anything about the bag; that he did not put that bag into the prisoner's bag.

Cross-examined by MR. PAYNE. Q. The prisoner was carrying a large bag with samples in bags inside it? A. Yes; it is known to all the persons in the Docks that there are persons at the gate, and that they cannot carry out things without permission.

MR. CLARKSON. Q. Did that Saturday happen to be a very busy day? A. It was; and that was the hour in which we are most busy.

FREDERICK BAYS . I am a labourer in St. Katherine's Docks. On Saturday morning, 17th Nov., I was in the "F" warehouse, drawing samples of coffee—I prepared twelve samples—it was necessary to obtain a pass for them—before I obtained the pass, I put on each bag that I drew a corresponding label, showing what each bag represented—the prisoner was employed as a general labourer, running a truck or doing anything—part of that day he was making bags—I finished ray samples about half-past two; I then had my account to make out, to take to the brokers—I went for my pass about a quarter or twenty minutes past three—the twelve samples were enough for three men to carry—I divided them into three parcels; I gave the prisoner three, Toomey two, and I took on myself the charge of the other

seven—I did not give the prisoner any more than three, and I did not give him any but those I had sampled, and on which T had placed the labels—I put the three samples into the prisoner's bag myself—there was no fourth parcel in the bag—I left the warehouse about twenty minutes past three, to go to the gate, but I was detained—the prisoner left about twenty minutes before I did, and he went through the western division of the warehouse—he would there have an opportunity of filling a sample-bag, if he had been so minded—when I got to the gate, I found the prisoner there; his bag was placed down, and he was walking by himself—I presented to the gatekeeper a pass for twelve samples—I saw the prisoner's bag opened; it contained the three samples which I had put in the bag, and one besides—I had not given him any other bag than the three, nor permitted him to take any other—I am not aware how he possessed himself of the fourth bag—the gate-keeper said, "How many ought you to have?"—I said, "Twelve; I have got seven, the other man two, and the prisoner three"—the gate-keeper said," There is another"—the prisoner then endeavoured to secrete this bag behind him—I took it from him—I heard him tell the gate-keeper that he knew nothing of it, that it was given him—I denied it.

RICHARD NICOLL . I am a porter in the employ of the St. Katherine's Dock Company. On Saturday, 17th Nov., I was employed with Bays in the "F" warehouse—it was my duty to check the samples before they were taken out of the warehouse—I checked twelve samples with him; I saw him label them—he took seven himself, gave Toomey two, and three to the prisoner—I saw the bags before they were brought there—when the three samples were given to the prisoner there were no other samples in the bag—the prisoner held the bag up while Bays put the samples in—directly the prisoner got them, he took a direction towards the western-end of the warehouse—he had an opportunity of filling a sample-bag with coffee—there were a hundred bags open at the time—Bays and Toomey waited to get the account—they did not go out by the same staircase that the prisoner did.

Cross-examined. Q. Do you mean that there were no persons in the ware-house where the bags were open? A. There were plenty of persons there, but the prisoner had an opportunity of helping himself—I am speaking of one division of the warehouse—there were not persons in the part where he got to—the other men went five or six minutes after the prisoner went—Toomey went hardly one minute before Bays, and that was to tell another man to take his money for him—Bays left about ten minutes or a quarter-past three o'clock—I do not know the prisoner, I never saw him but once before.

DENNIS TOOMEY . I am an extra labourer in the St. Katherine's Docks. On Saturday, 17th Nov., I was directed by Bays to assist in carrying some samples—I carried two samples in my bag—Bays had seven, and the prisoner had three—he left before we did, and went towards the western warehouse, not in the same direction that we did—about ten minutes previous to the prisoner getting his samples, he wanted to go—he said he had to see a gentleman at half-past three o'clock, and he should be obliged if I would let him go—I said I could not without leave of the foreman.

Cross-examined. Q. Where was the prisoner employed? A. On the 6th floor—I was present when the men were given the sample-bags—when he went down from the sixth floor it would bring him down to the quay—he could not go out without a pass—we had to wait about twenty minutes for the pass—the warehouse is not far from the gate—when I got to the gate the

prisoner's bag was down, and he was waiting—I left the sixth floor about three o'clock—I went to a man to tell him to take my money.

Prisoner. Q. Did you and Bays leave together? A. No.

Prisoner to FREDERICK BAYS. Q. Did you not say that you and Toomey went together? A. No; he went two or three minutes before me—you went in a different road.

Prisoner's Defence. I had to go to change my coat, and left my bag till I came back

GUILTY . Aged 36.— Confined Three Months.

26th November 1849
Reference Numbert18491126-50
VerdictGuilty > with recommendation; Guilty > with recommendation
SentenceImprisonment; Imprisonment

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50. GEORGE GILPIN and GEORGE CHALK , were indicted for a robbery, with violence, on George Humphries; and stealing 14s. 6d.; his moneys.

MR. PAYNE conducted the Prosecution.

GEORGE HUMPHRIES . I live in Kentish-town, and am a brick maker. On Saturday night, 27th Oct., I went to the Goat and Castle to receive 1l. 10s. from the landlord—when I went there I had 16s. in silver in my right-hand trowsers pocket—I received 1l. 10s. from the landlord—there was a sovereign, and I recollect one fourpenny-piece, and two threepenny pieces—I put it in the same pocket with my other money—I went there between nine and ten o'clock, or it might be ten—I left about twenty minutes before eleven or half-past ten—I saw the prisoners there—they were present and saw me take the money and put it into my pocket—I have known them both from children—I had a quartern of gin there and drank part of it, but not a great portion—I cannot say that I was particularly sober, but I recollect what I was about—when I left, both the prisoners came out with me, and they would insist on going across the fields—when we got in the brick-field Chalk put his hand in my right-hand pocket—I took bold of his wrist and said, "You recollect what you are doing, you are robbing me" (when I laid hold of his hand, I heard the chink of silver in the pocket)—he said if I said such a thing again, he would pitch into me—when we had gone ten or fifteen yards further, his hand was in again, and I likewise took hold of his wrist and shook some money into my pocket again—Gilpin was on the right side of me; he was not further off than Chalk, because he kept shoving me along—I could have walked if they had let me, only they got me on a little further—there is a ditch which parts the estates of Mr. Hall and Mr. Bassett—I was going home—I live in a cottage in the brick-field—it was not the prisoners' way home—when we got to the ditch we had a struggle, Chalk wanted to get his hand in my pocket again—the prisoners went in the ditch and pulled me on them—he got his hand so full of the sovereign and silver altogether, that he could not well get it out—I pinched his wrist tightly to make him let it go—he took his hand out of the pocket with what he could get hold of, and they went away from me—I got up, and got home as well as 1 could—there is a large pool of water eight or nine feet deep, and I was very much afraid of getting in there—I know where some persons named Carrick live; it is thirty-four or thirty-five yards distance from where this happened—when I got home I missed 14s. 6d.—I had 1l. 11s. 6d. left—all my money was safe in my pocket when Chalk put his hand in, and when I was in the ditch it was all together.

Cross-examined by MR. O'BRIEN. Q. All the money you had was in one pocket? A. Yes; after I received the 1l. 10s. I had part of a quartern of gin, but I did not pay for it; I got credit for it—I had not drank a great deal in the evening—I had paid fifteen or twenty men before I went there—I

had drank something, but nothing to signify—I had coffee for breakfast; I had no spirits—I seldom drink anything but porter—I had some bread and cheese, and a drop of porter, at ten o'clock—I know that it wanted twenty minutes or half an hour to eleven when I left the public-house, because I looked at the clock—I could walk from there to my own home in seven or eight minutes; my direct way home was through the fields—I did not stumble in the ditch before I was pulled in—I stumbled very little that night—I stumbled in the public-house, but it was by their putting out their feet; there were half-a-dozen, or eight or nine, men in the public-house—I did stumble outside the public-house, but it was not without the aid of these persons—the prisoners were pushing me about—I stumbled seven or eight yards outside the door; both the prisoners were pushing me—I did not go back to the public-house, because I was going home, I thought it was quite time to be at home—I did not see a policeman, or I should have had him to my assistance—I stumbled five or six yards from the door of the public-house—the two prisoners tried to pick me up—they were not with me for half an hour—I was a very few minutes in the ditch—I missed my money on that Saturday night when I got home, and counted my money—it had not struck twelve when I counted the money—the prisoners went out of the public-house with me, one on each side of me.

Gilpin. He says he looked at the clock, and there was no clock; it was gone to be cleaned. Witness. I did look at it; it was in front of the bar.

MR. PAYNE. Q. What time did you breakfast that day? A. At half-past eight o'clock; I was able to know what I was about, and that the prisoners were with me; it was a lucky thing for me that it did not happen some other night, as I have sometimes a great deal of money about me.

RICHARD CARRETT . I live in Lewis-street: The ditch that the prosecutor has spoken of, is about twenty yards from the house I live in—I have seen Chalk before—on Saturday night, 27th Oct., I was in bed—I heard a noise at the back of our house—my brother, who is older than I am, was with me—he got up and opened the window—he said, "Here is a man drunk"—I got up and saw three men struggling in the ditch—I heard one say, "You catch hold of his waist"—after a little while a man said, "Take your hand out of my pocket; you are robbing me"—I saw the prosecutor by the side of the ditch after he got out of it—he went to the left-hand side, across the brickfield—I do not know where he lives—I cannot say who the other two men were; they came at the back of our house—as they went past they stopped, and I heard them say something about 15s.—I heard one say, "Give me 15d. and that will be all right"—I heard the chinking of money—my brother hallooed out, "I have been watching you chaps all along"—one of them hallooed out, "Eh?" and they ran across the brick-field, as hard as they could run.

Cross-examined. Q. You saw three men struggling in the ditch? A. Yes; I could not observe whether Mr. Humphries was one of them; one was in the ditch, and the other two trying to pull him out—they had hold of him, and one said to the other, "Catch hold of his waist"—the ditch is about twenty yards from our house, and the spot they were at, was about forty yards—I had seen Mr. Humphries before—the night was rather dark—the other two men came nearer to our house than they were when they were in the ditch—I had a light in the house—I heard them say something about 15s., then another said, "You give me 15d., that will be all right"—the 15s. was said rather loud—I heard one say, "Have you got it all?"—the other

said, "Yes"—my brother went to the window first, and he was at the window all the time—I heard the next morning that Mr. Humphries fell in the ditch—I saw him with the policeman showing him the spot where it was—it was after that that I spoke to Mr. Humphries—I did not go to the ditch; we stood in our own yard—I heard from Mr. Humphries in the morning that he had lost 15s.

GEORGE FREDERICK CARRETT . I am the brother of Richard Carrett—I know Mr. Humphries by sight; on that Saturday night I was in bed with my brother—I heard some voices and swearing, which appeared to come from the ditch—I got out of bed, looked out of the window, and saw three men in the ditch—I heard one say, "You take hold of his waist, I will take hold of his legs, and then we can lift him up"—they then separated, one got out and stood on the bank, the other remained in the ditch—Mr. Humphries started to go towards his house, the other two came to the back of our wall—I heard some money chink, and I heard one of them say something about 15d. or 15s.; I could not hear distinctly what it was—I called out to them, and told them I had been watching them, and they both started off across the field—I saw Mr. Humphries point out the place in the ditch to the policeman—that was the place where I had seen him and two men.

Cross-examined. Q. Was not what you heard, "You give me 15d. and that will be right?" A. It was something of that—I could not distinctly hear what it was, they were about forty yards from me, it was a little moon-light—I could not distinguish the features of any one, they were about forty yards from me when I heard them speak—the place where I saw Mr. Humphries was about the same distance—I heard them counting the money—the man who was last in the ditch seemed to stagger a little when he got out—when he was in the ditch the other men were trying to help him out.

Gilpin. Q. When you were there on the Monday, you said you thought you knew Chalk by his white trowsers; do not you think you could have seen me in my white jacket? A. That other man in darker clothes stood before you—I could not swear it was you.

GEORGE HENWOOD . I am barman at the Castle. On 27th Oct. Mr. Humphries came there, and the landlord paid him 1l. 10s.—Gilpin was present when that money was paid—Chalk was in the house at the time—I saw Mr. Humphries go out of the house about twenty-five minutes before eleven o'clock—Gilpin went out three or four minutes after him, and Chalk went soon after—Mr. Humphries was the worse for liquor.

Cross-examined. Q. Was he not drunk? A. He was; I saw him stumble as he attempted to go out of the house—I could not say whether any one put their foot against him—the two prisoners were there, and about half-a-dozen others—Chalk was in the tap-room when Humphries received his money—I saw him very soon afterwards—he never goes in any other part, but the tap-room—Mr. Humphries went out four or five minutes before, and Gilpin followed him—I should think he had not got above a dozen yards—I should think it was not five or six minutes after before Chalk went out, I will not swear it was not—the shop was cleared a few minutes afterwards, and there was no one there—it was not five or six minutes after Gilpin went out that Chalk went out, it was three or four minutes—I saw Chalk looking in the house about a couple of minutes afterwards.

Gilpin Q. Did you not see me in the house again? A. Yes; it might be ten minutes afterwards—you did not stop till eleven o'clock—my watch

was seven minutes too fast, there was no clock there, the clock-case was there—I did not see you go out again.

MR. PAYNE. Q. How long did he stay? A. I cannot say; seven or eight minutes.

COURT. Q. How soon after Mr. Humphries had gone did Gilpin come to the house and remain? A. About six minutes; I speak from memory—one of the prisoners looked in, and the other came in—there was a difference of three or four minutes between the times—Gilpin had gin and cloves, and Shepperd paid for it.

Gilpin. Shepperd is the man that I did lead home; he would have come up and spoke for me, only he was afraid as he worked under Humphries.

WILLIAM MILLIGAN (policeman, S 202). On the morning of 28th Oct., Mr. Humphries came to me to make a complaint—I went with him to a brick-field—he pointed out a place to me where the grass was very much tumbled about, as if there had been a scuffle—I went to Gilpin's house, and told him he was charged with robbing Mr. Humphries of 15s.—this was about half-past seven o'clock in the morning—he was in bed—I told him I should take him to the station—he said, "So help me God, I know nothing about it"—he went with me to the top of the place, and then he said he wanted to go to speak to a person—I took him by the handkerchief, and dragged him away—I told him he could not see any person while he was in my custody—when he was at the station he said he was at home, and in bed by half-past ten.

Cross-examined. Q. Did you examine the ditch? A. Yes; I saw something had been rolled upon and yery much trampled, it had been wet the night before—the prosecutor was with me at the time—I looked on the grass and in the ditch for the money, but found none—I saw the boys Carrett after the search was over.

GEORGE WILLIAM LINNEY . I know Gilpin—I saw him on the morning of the 28th Oct., about half-past three or from that to four o'clock, at my father's coffee-house in High-street, Camden-town—he staid about ten minutes—he did not have anything—he asked where Chalk was—I replied that he was lying with his head on the table—Chalk had come in about one that morning with his face all blood—I asked him where he had been, and he made no answer—Gilpin went to Chalk, took his cap off, put it on his own head, and left his own—when Chalk awoke, he asked me who had been there—he looked at the cap, and said, "I know who has been here, it was Gilpin."

Cross-examined. Q. To whom did you tell this story? A. Not to anybody, but the policeman—I told him on the Thursday the papers were served, and I told him a day or two before—I am the son of Mr. Linney, the coffee-house-keeper—it is a night-house for the reception of travellers.

HENRY EDWARDS (policeman, S 128). I saw Chalk on 29th Oct., in Kentish-town—he called to me, and asked if I had been looking after him—I said not that I was aware of—he said, "Gilpin is locked up for robbing Humphries; they said that 1 was with him, but I did not like to be locked up all day on Sunday, so I kept out of the way."

Cross-examined. Q. Did he not give himself up to you? A. Yes—I had heard nothing about it before; I had been in the country.

JOHN COOK (policeman, S 198). On 27th Oct. I saw a person, who I believe to be the prosecutor; I could not swear positively to him—he was outside the Castle—it was about half-past ten o'clock, as near as I could say—he

made a stumble—Gilpin laid hold of his arm, and they went away u the top of Church-street, leading to the brick-fields—they went fifty or sixty yards—I looked after them.

Cross-examined. Q. Was the prosecutor very drunk? A. Not very drunk, but he stumbled; he did not go down—he was partly down—Gilpin picked him up—they were alone—I went on my beat—they were going in a direction to the prosecutor's house.

(Matthew Crawford, of Union-street, Blackfriars, gave Chalk a good character.)

GILPIN— GUILTY Aged 22.— Confined Eighteen Months.

CHALK— GUILTY . Aged 20.— Confined One Year.

(Both prisoners were recommended to mercy by the Jury.)

(One of the policemen stated that Gilpin had been in custody three or four times for assaulting the police, and that he did no work; and that Chalk was a very drunken character, but worked more than Gilpin.)

26th November 1849
Reference Numbert18491126-51
VerdictGuilty > lesser offence

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51. JACOB HESS , feloniously stabbing George Werner in the head, with intent to do him some grievous bodily harm.

MR. BIRNIE conducted the Prosecution.

GEORGE WERNER . I live in Whitechapel. On 18th Oct. I was on the Half Moon—there were ten or twelve people there—a friend of mine left the house, about a quarter to twelve o'clock—Hess took him by the arm, and asked where he was going—he said, "Home"—Hess said, "You must not go home yet;" and pushed him back towards the room—my friend had had a little too much—he said he would not go back—I said to Hess, "You ought to be ashamed of yourself"—he said it was nothing to do with me, and began upon me—I and my friend went out, and Hess and his company followed us—there was a noise, and the police separated us, and sent us home—we went in-doors—I live next door to Hess—I closed the door behind me—in about five minutes I heard a noise outside my door—it kept on for about ten minutes—my brother came in and said something, and I went out to give the prisoner in charge—he stood before the door as I came out—I said I did not want to be aggravated any longer by him—he came close to me, with his hand up, as if going to attack me, and I said I would fight him in the English fashion—he said he was content—we closed, but I do not think I struck him; I might have pushed him—he fell down beside a wagon in the street, and one or two of his friends seized hold of me—he got up, then let go of me, and I was ready for him again—I attempted to strike him, but he struck me in the head several times with some instrument—the blood came, and I became insensible.

Cross-examined by MR. COCKLE. Q. What are you? A. A pianoforte-maker—I knew the prisoner, but had not been in his company that night—I was having half-a-pint of beer with one of my friends—the prisoner was in the ball-room—I have related all that took place between our leaving the ball-room and getting to my house—I am a German, and so is the prisoner, and my friend—the prisoner had been drinking.

LOUISA WAWRIZYSKI . My husband is a boot and shoemaker; we live at 11, Butler-street, opposite Mr. Werner. On 29th Oct. I heard a noise in the street, at a little after eleven o'clock—I opened my window, and saw the policeman putting Werner and the prisoner in—Werner went in, but the prisoner stood between his own door and Werner's after the prisoner left—he said something in German, and made a noise at Werner's door—in about five minutes Werner opened it, and went up to him, talking to him in German—a

wrestle began, and Werner fell against a wagon, which was standing there to be repaired—for anything I know his foot might have slipped—his wife came out with a candle in her hand, and did what she could to stop it—the prisoner got up, and two men, who had laid hold of Werner, let go, and the prisoner caught Werner's head in his left hand, and stabbed him with a knife, which was in his right—I saw the knife by the light of the candle, but his wife let the candle fall then—I cannot say how many blows he made, as I went for the policeman.

ELIZABETH SOIG . I am a German, and live at 17, Plough-street. I saw Werner and Hess frighting—Hess's wife came out with a candle, by the light of which I saw a knife in Hess's hand, and saw him stab Werner in the head with it, with his right band, with his left arm round his neck, holding his head, and pulling it towards him—I saw the blood run down.

ABEL SIMS (policeman, H 163). I saw the disturbance between Werner and Hess—I sent Werner into his own house, but the prisoner would not go into his, but stood just by Werner's door, which, was shut—I went on my beat, and returned in five or ten minutes, and found Werner streaming with blood—I took the prisoner, and found a knife and tobacco-pipe, both wet with blood, in his jacket-pocket.

Cross-examined. Q. Close the knife, and tell me whether the blood-stain does not come level with the edge of the handle? A. Yes; the bowl of the pipe contained wet blood.

CHARLES HARPER . I am house-surgeon, at the London Hospital. Werner was brought there, bleeding—I found eighteen or twenty wounds on his head, some punctured, some incised, some cut across the head, and others contused—there was very little danger, but fever or erysipelas might have ensued—some must have been struck with the handle of the knife, and some with the blade—they were on different parts of the head, but none on the face—if the head was held by the left hand they were all such wounds as the right hand would inflict—some were simply scratches—he was in the hospital four days—he was not in danger all that time, but had to wait, as there is only a certain day to discharge patients.

(The prisoner received a good character.)

GUILTY of an Assault. Aged 28— Confined One Year

THIRD COURT.—Thursday, November 29th, 1849.


Before Edward Bullock, Esq. and the Seventh Jury.

26th November 1849
Reference Numbert18491126-52
VerdictGuilty > pleaded guilty

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52. THOMAS WATKINS , stealing 2 shillings; the moneys of David Wright Sutherland, his master: to which he pleaded

GUILTY . Aged 13.— Confined Four Months.

26th November 1849
Reference Numbert18491126-53
VerdictsNot Guilty > unknown

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53. ANN CLARK , stealing 9 yards of lace, 2 yards of muslin, 2 forks, 2 spoons, and other articles, value 12s. 4d.; the goods of Robert Towers, her master: and CAROLINE CLARK , felouiously receiving the same.

BARBETTE PETERS . I am housekeeper and lady's-maid, in the service of Mr. Robert Towers, of 22, Chester-square. Ann Clark was in his employment, and used to come there in the morning, work there in the day, and go away at night. About three weeks before I was before the Magistrate, I

missed some lace and muslin which I had. given her to work with—she denied having taken anything—I sent for her mother (the prisoner Caroline), and she said the girl was quite honest—I afterwards went with the prisoner to the mother's house in Orford-street, and, in a table-drawer there, found two forks, one knife, one spoon, and some towels, which belonged to Mr. Towers, but which I had not missed, and found some articles which I had missed in the mother's box—I never saw the mother there—I had never been there before—the box was in her room—she used to work for Mrs. Towers in her own house—these are the things (produced); they are Mr. Towers's property.

Cross-examined by MR. HUDDLESTON. Q. What countrywoman are you? A. A German—Mr. Towers is a merchant—he has lately been married—Mrs. Towers is a young lady; she is not here, she is not well; she knows I am here—I am the prosecutrix—the prisoner Ann is thirteen years old—I had missed a brooch—I did not get the child up into a room and tell her that I would prosecute her if she did not tell me whether it was she or the housemaid took my brooch—I sent to her mother about it—I said no one but her and the housemaid had been in the room, and she must tell me if she took it—the mother was then present—I had spoken to her before I sent for the mother—the mother said she had always found her honest, and I was welcome to go and search her place—she knew very well I would not go—this was five weeks before I made this charge—Mr. Towers has silver spoons; they do not lie about, they are locked up in the pantry—they never come into the kitchen—my room is close to the kitchen—Mr. Towers uses silver-handled knives—the cook very often gave the girl meat to take home in a basin—she did not have one of the towels produced wrapped round it to take it home in—I saw her take the meat myself in a white basin—I do not remember the cook giving her some bran in which some grapes had come from the Continent—I remember some coming in bran, I do not know what became of it—I gave her a bag-full of cuttings of muslin—I swear Mrs. Towers never gave her anything—I was always present when Mrs. Towers saw her—I do not think she has seen her more than twice—I did tell her if she told me where I could find my brooch I would not send her out of the house as a thief, but would give her the week's wages—Mrs. Towers agreed with her mother to give her two shillings a week wages—I am satisfied the things could not all be taken at once—I swear this bit of ribbon (produced) is Mrs. Towers'; there is no mark on it—I can swear to this bit of silk; I have no doubt about it, there is no mark on it; I have plenty more like it, and I know this piece of calico, there is no mark on it, it is part of a sheet which was given to the mother, and she cut a bit off—I swear this piece of lace is Mrs. Towers'; there is no mark on it—the girl used to be sent on errands for Mrs. Towers—sometimes the servants sent her—I do not know whether they then gave her things—I swear that when I asked her about the brooch she was not upon her knees—I lost two brooches—she told me she wrapped up one and put it in a china pot on the mantelpiece—I looked and could not find it there, or in any place.

EDWARD DOWNING (policeman, D 46). I received charge of the prisoner Ann, and went to 27, Orford-street, Chelsea, and saw a man who said he was the prisoner Caroline's husband—I never saw the woman there—I found these small articles in a box there, and in a table-drawer I found the two forks, a spoon, a knife, and two towels—I afterwards received charge of the mother.

(The prisoners received excellent characters).


26th November 1849
Reference Numbert18491126-54
VerdictNot Guilty > unknown

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54. ANN CLARK was again indicted for stealing a quarter of a yard of insertion, and a quarter of a yard of lace, value 1s.; the goods of Robert Towers, her master.

BARBKTTE PETERS . On 20th Nov., I gave the prisoner some lace to sew on some sleeves for Mrs. Towers—in consequence of missing some of it, I marked some insertion, laid it on the table in the room where she was, and went up-stairs. I returned in about half an hour and missed part of the insertion where the mark was—I asked her where she had put it; she said she had not got any; she only wished her mother was there, and she would tell me she was not a thief—I said she must be searched, and called the cook, who opened her stays, and this piece of insertion fell down (produced); it is part of what I had left on the table.

Cross-examined by MR. HUDDLESTON. Q. Is the cook here? A. No; I did not go up-stairs after I said she must be searched, before I called the cook—she wanted to go out of the room, and I told her she could not, till I saw if she had got the lace—I went to the door to call the cook; that was at eleven o'clock in the morning—I gave her into custody the same night—I asked where the lace, insertion, and my brooch were, when I gave her into custody—I asked her about the brooch four weeks before—I kept asking her about it, and said," If you had taken it you must know where it is"—there are two holes in the insertion which I cut, one in the beginning, and the other half a yard up; it is worth sixpence—I know Mr. Towers' name is Robert, because his wife calls him so.


26th November 1849
Reference Numbert18491126-55
VerdictsNot Guilty > unknown

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55. RICHARD FIDLER , stealing 1 purse, 2 neck-ties, 1 handkerchief, and 1 pair of gloves, value 24s.; 4 sovereigns, 1 half sovereign, 1 5l.-note, and one order for payment of.35l.; the property of William Milton Watson, from the person of James Jebb: and WILLIAM WHKELER , for receiving the said check.

MR. O'BRIEN conducted the Prosecution,

JOSEPH COLLARD . I am superintendent of the Great Western Railway police. On 11th Oct., about a quarter-past twelve o'clock at night, I heard a tremendous smash outside my window—I went out and found Mr. Watson thrown from his horse, lying on the footpath, bleeding profusely; the horse was close by—I took him to a surgeon, and afterwards searched him, and took from him a check, for 35l., this is it (produced); two 5l.-notes, one sovereign, about ten shillings in silver, a watch, purse, pencil-case, comb, knife, gloves, a handkerchief, and a ring from his finger—I made a list of the property—the prisoner Fidler, who was the policeman on duty there, then put him into a cab, and they left me to go to St. George's Hospital—about four in the morning, Fidler came to my house again, said he had found that the gentleman lived at Putney, and that his servant would come with him at seven in the morning for the property—between seven and eight he came' again with a groom with a crest on his button, corresponding with* that on the ring—Fidler said he had been sent by Inspector Wiggins for the property I had taken from Mr. Watson, and knowing him to be a policeman I gave it up—Fidler persuaded me to let him have the list, and I did so—I had been up two or three times in the night, and had not made a copy of it.

Cross-examined by MR. PARNELL. Q. Did he ask you for the list, or a copy? A. For the list, I said nothing about a copy—he did not say, "Let me know what I am answerable for"—Mr. Watson was not in a state to tell where he lived—I do not think I told Fidler to endeavour to find out his address; it would be part of his duty—I knew him for some months about my house—I do not know whether he is an active officer.

Cross-examined by MR. PRENDERGAST. Q. I believe you have known Wheeler some time? A. Yes; several years, in Mr. France's employment—I always thought him a respectable man—I have been in the Great Western Railway service about twelve years.

JAMES JEBB . I am Mr. Watson's groom. I recollect Fidler coming to my master's house early on Friday, 12th Oct.—he gave me an account of the accident—he made an appointment with me, and I met him at Paddington, at seven o'clock—he told me my master's property was at Mr. Collard's, and we were to go there for it—we went there, and he told Mr. Collard he had brought the servant for the master's property—Mr. Collard brought it out, and wrote a list of it—there was a check, two 5l.-notes, one sovereign, some silver, a handkerchief, a gold ring, a watch, and other things—Fidler received it from Mr. Collard, and put it into a yellow silk handkerchief, and put it into his pocket—we then went to a public-house to meet the man belonging to the cab that took my master to the hospital—we had some gin there; we met the man's master, and I paid him 11s.—we then took my master's horse, and the one I had rode to town on, to the White Horse, Knightsbridge, and stabled them there; that was between ten and eleven o'clock—no one else was with us during that time—we then went to the hospital, and got there about eleven—my master was then able to speak, and asked where his property was—Fidler showed it him, and said he was not in a fit state to receive it—he asked him for his ring, which Fidler gave him, and he told him to hand the property over to me—we then went down to the White Horse again, and had some bread and cheese and beer—I then went to Whitehall, leaving Fidler at the White Horse—when I came back between twelve and one, I found him there, we went into the parlour and had some beer—I then changed one of the 5l.-notes with the landlord, paid him for what we had had, and give Fidler 10s. for his trouble; my master had ordered me to pay him that—he then handed me over the property, a check, a 5l.-note, a watch, bunch of keys, four sovereigns and a half, a silk handkerchief, and all the property—the landlord wrote a receipt, I put my cross to it, and gave it to Fidler—I believe I put the property loose into my pocket; I afterwards pulled it out, and put it into my left-breast coat-pocket—I have no recollection how long I remained after that at the public-house, or when I left—the last circumstance that I remember was putting the property in my pocket—I have no recollection of anything after that, till I got home and missed the money, between eight and nine—I have no recollection of leaving the White Horse, or of who was with me when 1 left—I believe the check produced is the one I received—I have not seen the handkerchief, knife, or any of the other articles since.

Cross-examined by MR. PARNELL. Q. What time was it when you put the parcel into your pocket? A. I cannot say; I recollect nothing about wrapping it up—I was in the saddle-room when I missed the money; that was between eight and nine o'clock—I was not lying on the straw; I was standing; both the horses were at home, I do not know whether they were in their proper place—another man put them in; he is not here—I do not know that any one is here who saw me come home—the gates are kept fastened—some one must have let me in—I do not recollect any ladies being in my company that evening—I do not recollect being in the Red Lion, at Putney, and breaking a glass there—my own money was gone as well—the watch, pencil-case, knife, a 2s-piece, and 1d., was all that was in my pocket when I got home—I was away about half-an-hour when I went to Whitehall—I

told my master I was going there in Fidler's presence—I had something to drink at Whitehall—I do not know who proposed having the ale at the White Horse—they asked me at Paddington what I would have—Fidler had I some gin with me there; it was not at his suggestion—I was waiting up for my master's horse when Fidler came—he told me the horse was left at Paddington—he told me the accident happened where he was on duty—I suggested I should come to Paddington to bring the horse back, and he told roe what time he should be there.

GEORGE JOHN ZELLER . I have known Wheeler some years. I met him in Lisson-grove, on 15th Oct., between seven and eight o'clock in the morning—he showed me a check, and asked me what he had better do with it—I asked him where he got it, and he said a friend of his, a policeman, gave it him, who had found it after conducting a gentleman to St. George's Hospital—I advised him to go to the Bank and find out who the drawer was—he said he should consult his master, and advertise it; this is the check—(read—"No. 29680. Oct. 9, 1849. London Joint-Stock Bank. Pay Mr. Watson, 35l. Signed, Henry W. Hunt.")

Cross-examined by MR. PARNBLL. Q. What are you? A. Mr. Adwin the attorney's clerk; he carries on business at 81, Nicholas-lane, Lombard-street—I live at 22, Great Barlow-street, Marylebone—I have been with Mr. Adwin two months—before that, I was living as butler with a gentleman in the country for eleven months—before that I was clerk to Mr. Jay, of Serjeant's-inn, two years—I have never been tried for anything.

Cross-examined by MR. PRENDERGAST. Q. You met Wheeler casually? A. Yes; he came into a shoemaker's shop where I was, talking to the shoemaker and other parties—he produced the check before them all—he said it was not his—he did not appear to have the slightest degree of concealment—I have known him some time, and always considered him a very industrious bard-working man; he is not much of a scholar.

MR. O'BRIEN. Q. IS there any ground for charging you with being charged with any offence? A, No.

CHARLES CALHAN (policeman, 95 V). The prisoner Fidler belonged to the F division—on 17th Oct. I went to Wheelen's house, just before six o'clock—I made inquiries for him—went and found him just coming out from his master's—I told him I wanted him to go to the station, I did not tell him what for—just before he came to the station he said, "I suppose you have come respecting that check which I found blowing about by St. George's Hospital"—I had said nothing about the check—we went to the Paddington station where Fidler was—he heard Wheeler tell me it was twelve o'clock when he found the check, and Fidler said, "It was three"—I had not spoken to Fidler—Wheeler then said "Between twelve and three."

Cross-examined by MR. PARNELL. Q. It had been reported that the check had been picked up by somebody? A. Yes—it was not in consequence of that information that I was sent to Wheeler—I received information at Putney from Zeller, that there was a check—I had not before heard what time it was said to have been picked up.

SOLOMON HANNANT (inspector D). On Thursday, 18th Oct., Fidler and Wheeler were brought to the station—I asked Wheeler if he could account for the check; he said, "Yes, I picked it up myself between twelve and three on Friday last, near Sloane-street, in the Brompton-road"—I asked if there was anything else with it; he said, "No, it was loose, blowing about the road"—I asked if he had shown it to anybody besides Zeller; he said, "Yes, I showed it to Mr. France, my master"—I asked where he had been

when he found it; he said, to a Mr. Lumley's, a fishmonger's shop, to in-quire after a man named Gibbons, and he picked it up coming borne—I asked if he knew Fidler; he said, "He used to work in our yard before he came in the police"—I heard Superintendent Hughes ask where he gave the property up to the servant; he said, at the White Horse, Knightsbridge, and the landlord wrote a receipt, and they left about half-past three—he asked where he left the servant; he said, "Near the clock-house"—that is not nearer to Putney, but they would pass it in going there—I know the Red Lion at Brompton, that is a quarter of a mile nearer Brompton than the clock-house.

WILLIAM WIGGINS (police-inspector, D). Fidler was under me—I recollect his returning from Putney on 12th Oct., about twenty minutes past six o'clock—he told me an accident had occurred, and he had taken the gentleman's horse and been to Putney, and that Mr. Collard had the property, and the coachman was to meet him, to have it given up to him—I told him, when the servant came, to bring him to me at the station; I did not tell him for what purpose—I meant to send a sergeant with the servant to Mr. Collard, to see the property delivered up safe, and to make out a receipt, if Mr. Collard was not there—Fidler did not bring the servant—I did not see him again till half-past eight in the evening at the station—he then tossed this piece of paper on the table—the sergeant asked him what it was; he said a receipt—I took it up and read it (produced and read)—"Oct. 12th, 1849. Received of Richard Fidler 45l., a silver watch, and all other property found on him. R. Jebbs's mark. Witness, John Fell")—I said, "Why did not you bring the servant here?—he said, "I thought the receipt would do as well."

Cross-examined by MR. PABNELL. Q. How long had he been in the police? A. Eighteen or nineteen months—I told him he did wrong in letting Collard search Mr. Watson—I understood he (Fidler) had commenced searching him—it is wrong for more than one person to search any one—I intended to send a servant to get the receipt, because I knew Fidler was a bad penman, I did not tell him so—he came at the proper time in the evening to go on duty.

JOHN FELL . I was landlord of the White Horse, Knightsbridge, on 12th Oct. I recollect Fidler coming there that day, at half-past two o'clock, with Jebb—Fidler asked for a pint of ale, a sheet of paper, pen, and ink—I saw Fidler give Jebb a check for 35l.; two 5l.,-notes, a silver watch, some keys, a neck-tie, some gloves, and various other articles in a handkerchief—Jebb changed one of the notes with me, and then he tied the property up in the handkerchief—I think it had not then been removed from the table—I think Mr. Cole was in the room—Fidler and the groom left, 1 think, about half-past three—Jebb was a little intoxicated, but not so much as to be quite incapable of taking care of himself, as I thought—I wrote the receipt which has been produced, and saw Jebb put his mark to it—the check produced is the one named in the list.

Cross-examined by MR. PARNELL. Q. How much drink did they have at your house? A. To my knowledge only one pint of ale between the two—about three minutes before they left, Mr. Cole came and said something to me, in consequence of which I went into the room to see if the groom was in a fit state to take care of himself—I thought he was—when they left I went out to see in which direction they went, and saw them going to fetch their horses from the mews at the back of my house—that was the last I saw of them—the groom walked very well—it was about half-past two that the receipt was signed—the ale then stood on the table, but they bad not drunk any of it.

MR. O'BRIEN. Q. You only served them with one pint? A. No; I have heard that my servant served them again—there was a little

stupidity about Jebb when I gave him the paper—they remained there an hour after that

SAMUEL CHESTERMAN . I am coachman at the livery stables of Mr. Bathers, who keeps the Red Lion, at Brompton. About four o'clock on Friday, 12th Oct., Fidler and the groom came there on horseback—the groom appeared as if he had had quite enough to drink—Fidler had on a plain coat and police trowsers and boots—Fidler got down and fetched a quartern of gin out—he gave the groom a glass, and took the remainder himself—the groom paid for it—they then parted, Fidler going towards town and Jebb towards Putney—Jebb appeared quite drunk—I did not notice the prisoner so much as Jebb, as he was one of my own cloth—I did not consider him so far gone as the groom—the Red Lion is a quarter of a mile nearer Putney than the clock-house—the horses appeared very nice quiet ones.

Cross-examined by MR. PARNELL. Q. When Fidler got down, did he give the bridle of his horse to Jebb? A. Yes—I was not near enough to hear what they said—it looked to me as if Fidler asked Jebb what he was going to have, and Jebb then took out some money—I could not see what money it was—he brought out the gin, and gave Jebb the change—I suppose he put it into his pocket—I did not see him button up his pocket—Fidler went into the house again, and when he came out the groom went towards Putney, riding one horse and leading the other, and Fidler came towards London.

HENRY UNDERHILL (policeman, V 34). I apprehended Wheeler, and found the check produced on him.

JOHN FRANCE HILL . I am clerk to Mr. France, a timber-merchant, and know both the prisoners; they were both in his service, Wheeler has worked there twenty years—I saw them either on Monday or Tuesday, 15th or 16th Oct., between two and six o'clock, in Mr. France's yard, in conversation together—either on the Monday or Tuesday, about nine or ten in the morning, I saw Wheeler with a check, which he said was found by a dustman in the neighbourhood of Sloane-square—Mr. France advised him to advertise it.

Cross-examined by MR. PARNELL. Q. Fidler was in Mr. France's service before he went into the police? A. Yes; I do not know how long—Mr. France had a good opinion of him—it was upon his recommendation that he got into the police—I do pot know what he came to the yard for; I do not know that he came to borrow a hamper.

Cross-examined by MR. PRENDERGAST. Q. It was nothing remarkable for Fidler to be there? A. No—Wheeler brought three newspapers to me, to see whether the check was advertised, and I looked in them, and he did likewise—he reads very imperfectly.

MR. O'BRIEN. Q. Was Fidler in his uniform? A. He had a cord jacket on—I consider Wheeler a very honest man—he has been entrusted to sell goods since I have been there, that is two years.

----FRANCE. Wheeler worked for me—I recollect seeing the check—it was on a Monday or Tuesday morning, about ten o'clock, when I went to business—he said it was found by a dustman—I recommended him to advertise it.

Cross-examined by MR. PARNELL. Q. You recommended Fidler to the police? A, I signed a paper—I do not know whether it was through my recommendation that he was taken—I had a good opinion of him—he had worked for me eighteen months or so.

Cross-examined by MR. PRENDERGAST. Q. How long was Wheeler in

your employment? A. In mine and my father's about twenty years—I do not recollect whether his father was in the employment before him—I have kept his place open, and will take him back—I generally sent him to the bankers, and never found him wrong in a sixpence.

WILLIAM MILTON WATSON . On the night of 11th Oct. I met with the accident—I then had a very similar check to this in my possession—I took very little notice of it—I know a man named Hunt—my groom and Fidler came to me on the 12th, at the hospital—Fidler told me my property was all safe—I asked him for it—he opened the handkerchief, showed it me, and told me I was not in a fit state to receive it—that was the first time he came, about nine or ten o'clock in the morning—I said, "You may give me my ring; I am competent to take care of that," and he gave it me—he came again about two—I asked for my property—he said he must have a receipt for it—a gentleman by my bedside said he would write a receipt, and I could sign it—Fidler said he would go home with me, and would give it to the groom—I said there was no occasion for that.

Cross-examined by MR. PARNELL. Q. You were quite insensible? A. Yes, before the accident happened—it was not from drink—I have no recollection of the accident—I recollect galloping along at about thirteen or fourteen miles an hour—I recollect a dizziness coming over me, and recollect nothing more till I found myself in the hospital in the morning—the horse was a very quiet one, too quiet—I sold him directly I could.

JOHN COLE . am a builder, of 32, Park-street, Dorset-square. About 11th or 12th Oct., about three o'clock in the afternoon, I was in the parlour of the White Horse, kept by Mr. Fell, and saw Fidler and Jebb there—when 1 went in Jebb was sitting with his face towards the table—I cannot say where Fidler was—there was a silk handkerchief, a pair of gloves, a groom's whip, and a gentleman's cane on the table, and Jebb took four sovereigns, and I think a half-sovereign, and some silver and copper, I believe, from his pocket, and put it on the handkerchief—he then searched his pockets for something he appeared to have lost, and after searching two or three of them, he drew out what I afterwards saw was a check for 35l. and a 5l. Bank of England note—he placed them in a net purse at one end, and the gold at the other end, and put the purse into the breast-pocket of his coat—they then sat down, and had some dinner and ale—after that Jebb was intoxicated, and could not keep himself erect, and he fell forward with his head on the table—Fidler was then sitting at the table, on the other side of Jebb from me—he rose up to light his pipe I believe—he then came round the table, and sat between me and Jebb—I then heard him mutter something about 35l.—he was about a yard from me, and Jebb's head was still leaning forward on the table—I then saw Fidler put his hand under Jebb's coat, to the breast-pocket where I bad seen the purse put, and afterwards withdraw it, but I did not see him take anything—I went out, made a communication to the landlord, and then left.

Cross-examined by MR. PARNELL. Q. Were you sober? A. Yes, when they came in I moved further up the seat, but still kept on the same form—I could see what they were about—I did not converse with them at all; I read the paper—I saw Fidler's hand go to the man's pocket, and saw it come away again—I only saw the back of his hand, but saw nothing in it—he did not take hold of his collar, and shake him—I saw them come out of the parlour as 1 came out of the bar when I had made the communication to the landlord—Jebb put the purse into his pocket by itself, and the handkerchief into his hat; and when his head fell forward his hat fell off, and the handkerchief went on the table—J do not know what became of it—he had a hat

on when he went out—it was by seeing it in the paper after they had been examined two or three times that I went and gave evidence—I had left my name with Mr. Fell—I had no opportunity of seeing the front of Fidlcr's hand.

MR. PARNELL to WILLIAM WIGGINS. Q. Did you search Fidlcr's house? A. Yes, on 18th Oct., about an hour after he was in custody, I found nothing—I have not subpœnaed any other witness—I do not know that any other witness who had seen Jebb later was tendered before the Magistrate.

SOLOMAN HANNANT re-examined by MR. PABNELL. I required another witness to attend on the 19th, before the Magistrate; he is here now—the Magistrate did not examine him—I found him at the Old George, in the Brompton-road, which is a quarter of a mile from the Red Lion, between it and Putney.

(John Keet, a smith, of Paddington, and Samuel Allen, a foreman, gave Fidler a good character.—Wheeler also received a good character.)


FIDLER—GUILTT. Aged 30.— Transported for Seven Yean.

26th November 1849
Reference Numbert18491126-56
VerdictGuilty > with recommendation

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56. ANN SMITH , stealing 1 bag, value 3d., and 77 sovereigns; the property of William West, from the person of Ann West.

ANN WEST . I am the wife of William West. On Saturday night, 24th Nov., between seven and nine o'clock, I went with the prisoner and Mary Ann Allerton from Newgate-market to Fleet-street—I there waited for the prisoner while she went up Johnson'scourt, where she lives—she came back, and we all three went and had some spirits—Allerton then left us, and the prisoner was taking me up a court to a water-closet, and she there pushed or pulled me down—I fell to the ground—I had a black cloth bag, tied with twine, in my basket, with seventy-odd sovereigns in it—she then tried to pull the basket from my arm—I said, "Oh! Mrs. Smith, what are you doing with my basket?"—the handle broke, and I heard the money drop—I said, "Help me look for it down the area," and a woman present said the prisoner had got it—she was given in charge, and taken to the station—the prisoner worked with me at 103, Wood-street, at bonnet-sewing—my husband had given me the money in the morning to take care of, as he was going into the country—there are from twenty to twenty-three persons working in the same place as us—it was the prisoner who wanted to go to the water-closet—my money was safe till we got to the court—I had not seen it from seven or half-past, when I left my work; I cannot say what time it was—we went to more than one public-house—I recollect nothing after I had the second glass of gin in Fleet-street—I was offered brandy, but I cannot say whether I had it or not—I cannot tell whether it was a freak, or whether she meant to steal it—she tried to take the basket from me, but could not, and then she took the bag—the basket was tied with twine—I heard the money jink, and thought it fell on the iron grating and through the area—I saw her take it from my basket—I cannot tell whether she was sober—we searched the area—none of the money came out of the bag.

Prisoner. Q. How much drink did we have together? A. I do not know what I had after the second glass of gin—you did not say you thought I had better have a cab and go home—I did ask you whether your husband was in or not—you did not say he was not, and I did not say, "Then you can come out for a bit more?"—I did not ask you where there was a dance we could go to—you wanted me to go, and I said I could not, as I had money—we

did not both fall down together, and I did not say, "Mind my money"—I did not say at the station, "She never intended to rob me, and I wish her to be released"—I said, "I did not know you could be so bad."

TIMOTHY WALSH (City policeman, 326). I was called by Mr. Oddy; I went to the Court, and saw the prisoner and West, who was crying, and said she had lost her money, and asked me to go down the area and look for it—Mr. Oddy said, "Never mind, this woman (the prisoner) has got her money; take her away to the station"—the prisoner said she knew nothing of it—West was much the worse for liquor, and did not know very well what was going on—the prisoner had been drinking, but was not near so bad as West.

Prisoner. Q. Did I try to get away, or conceal anything? A. No; you said you knew nothing about it—you stayed close to Mrs. West without attempting to go away.

ELIZABETH JOYES . I am the female searcher at the Fleet-street station—the prisoner was brought there on the evening of the 24th—I searched her and found in her dress pocket this bag, containing seventy-seven sovereigns (produced)—she said it was her wages—I also found 5s. 9 1/2 d. in her pocket—before she was searched, she said she knew nothing about it.

Prisoner. Q. Which money did you show me when I said it was my wages? A. The bag; I had not then found the other money—you certainly were conscious of what was passing—you had been drinking, but knew what was going on—you undressed and dressed yourself, and you could stand upright.

ELIZABETH BARRETT . I am the wife of John William Barrett, and live in the court—I was coming home up the court, and saw the prisoner pulling West's basket, which was on her arm—West cried out, "Mind my money! mind my money!"—the prisoner kept pulling the basket—I heard her say, "Oh! Mrs. West, give me the basket, or you will do something wrong"—that was before she got the basket—West kept crying out, "Mind my money!" and I then saw the prisoner open the basket and take the money out—I said "You have got the woman's money," and then I heard it knock against some place, and I thought it had gone down the area—we got a light, and searched, but could not find it, and Mr. Oddy got a policeman.

Prisoner. Q. Will you swear you saw me take it, in that dark court? A. Yes; the basket did not fall—the money jinked on the window-ledge.

GEORGE WILLIAM ODDY . I am a gas-fitter, and live in this court. I was in my room about half-past ten o'clock, and saw the prisoner and West in the court, having some words—I saw the prisoner press her hands down West, and push her to the ground, and then I saw her take the bag of money—I gave her in charge.

Prisoner. Q. Did not you say you did not know which of us was robbed? A. I gave them both in charge—I thought West ought not to have so much gold—I thought she must have robbed some one else—the bag hit against the wall; the prisoner caught it in the other hand, and slipped it into her pocket—I did not go down the area, I knew there was no occasion.

ANN WEST re-examined. The prisoner and I work at the same place—I took the money there with me—she did not know I had it till we were coming away—I opened my basket on leaving work to put a pair of shoes in; she saw the bag, and asked what it was; I said, "Money."

Prisoner's Defence. It was through drink; my employers never found me wrong in anything, and they give out a quantity of property; I intended to save West from getting her money lost; I could have walked away twenty times if I had wanted.

(The prisoner received a good character.)

GUILTY . Aged 25.—Strongly recommended to mercy by the Jury,— Confined Six Months.

OLD COURT.—Friday, November both, 1849.


Before Edward Bullock, Esq., and the First Jury.

26th November 1849
Reference Numbert18491126-57
VerdictGuilty > lesser offence

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57. WILLIAM KNIGHT , feloniously attempting to kill and murder Henry Hewitt.

MR. ROBINSON conducted the Prosecution.

HENRY HEWITT (policeman, N 34). On 29th Oct., about one o'clock in the morning, I was on duty at Islington, near the canal, and saw the prisoner and another man—I threw my light on them, and saw they had a smock smeared with blood—I got over the wall, and said, "Halloo, my lads, what have you got here?"—the prisoner said, "What we have got is nothing but our own"—I said, "You may as well let me have a look"—he refused—I laid hold of the bundle; the other one threw it down, and said, "You b—r, look," and ran away—I opened the bundle, and then pursued them—we had a fight for nearly twenty-five minutes; first I was down, and then the prisoner—we went on the tow-path; I got hold of his handkerchief—they said, "Let us drown the b—r," and ran me back into the canal, and both shoved me as hard as they could—as I held the prisoner tight he dragged me out of the water, which is eight feet deep—I held him tight till assistance came.

Prisoner. Q. Did you notice that I was sleepy at the station? A. No—you were sober.

Prisoner's Defence. I overtook a man with a bundle, and he was a stranger to me; the policeman followed us, and wanted to take me, and was going to take out his staff; I endeavoured to prevent him, and we scuffled eight or ten minutes; he said before the Magistrate that I said, "Throw the b—r in the canal;" I was remanded for six days, and then he added, "Drown him."

GUILTY of an Assault.

26th November 1849
Reference Numbert18491126-58
VerdictsGuilty > unknown

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58. WILLIAM KNIGHT was again indicted for stealing 2 tame geese, price 10s.; the property of Thomas Millard : and two tame geese, price 15s.; the property of George Claxton.

HENRY HEWITT (policeman, N 34). I was going along the canal, and saw the prisoner with another man, who bad a bag on his shoulder—I went up to them—the prisoner said, "What is there belongs to us?" and refused to show it—the other threw it down, and both ran away—I pursued, and took the prisoner, and brought him back to the bag, and found some geese in it, quite warm, with the blood running—he said at the station that they belonged to him.

GEORGE CLAXTON . I live at Salisbury-street, Agar-town. My garden abuts on the Regent's-canal, and is about a mile from where the geese were found—I had a shed between my neighbour's garden and mine; either of us could get to it—I heard my geese cackling about twelve o'clock on Sunday evening—I afterwards missed them, and saw them at the station—these are the wings of them—I know them by having cut them—the two were worth 15s. alive.

HARRIETT MILLARD . I am the wife of Thomas Millard. The shed is on

our night premises—I and my husband fastened our geese in about ten o'clock, or Sunday—the shed was broken down at seven next morning, and the geese gone—I saw them quite warm at the station—I have seen the prisoner before, on the towing-path; he is a navigator—about three months ago I heard him say, speaking of the geese, the b—rs would be better in the pot than where they were.

Prisoner. You never saw me in your life.

GUILTY . Aged 31.— Confined Six Months.

Before Mr. Baron Alderson.

26th November 1849
Reference Numbert18491126-59
VerdictNot Guilty > fault

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59. THOMAS EDWARD HALL was indicted for a rape upon Eliza Hall. MR. HUDDLESTON conducted the Prosecution.

ELIZA HALL , the prosecutrix, a child eleven years of age, was questioned by MR. BARON ALDERSON as to the extent of her religious knowledge, and he considering her not competent to take an oath, directed the JURY to find a verdict of NOT GUILTY. MR. HUDDLESTON, on the authority of Reg. v. Brazier, applied to the COURT to postpone the trial until the next Session, that the child in the meantime might be properly instructed as to the nature of an oath, but MR. BARON ALDERSON did not think that course a proper one to be adopted.


Before Mr. Justice Cresswell.

26th November 1849
Reference Numbert18491126-60
VerdictGuilty > with recommendation; Not Guilty > unknown

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60. JOSEPH HADLEY RIDDELL and WILLIAM MOORE ECLIPSE RIDDELL , stealing, on 25th March, 1848, 40 feet of wooden battens, 4 wooden shelves, and other goods, value 3l.; the goods of Edmund Pontifex and another, their masters.

MESSRS. CLARKSON and PARRY conducted the Prosecution.

WILLIAM SPRIGGS . I am a carpenter, in the service of Messrs. Pontifex, coppersmiths, of Shoe-lane—they have also a factory at Millwall, where I have been employed between five and six years—Joseph Riddell was the manager of that factory—I do not know what William Riddell was; he was employed there—in March, 1848, I was employed with Harrison, at a house in Birnie-street, Greenwich, where the prisoners resided—I made a cupboard for the kitchen there—I received directions about it at different times, from both the prisoners—those directions were given at the factory at Millwall—the cupboard was made of battens, which I got from the factory at Millwall—William Riddell told me to take them—there was a stock of battens there, for the purposes of the factory—I took perhaps about fifty feet; it was certainly thirty feet, but I cannot say any further—that wood was used for the cupboard—Harrison assisted me in making it—we made it up at Millwall, and afterwards took it to Greenwich to fix—the prisoners saw us fixing it—I cannot say whether they saw us preparing it—I do not recollect when it was that Joseph Riddell first spoke to me about the cupboard; it was at Greenwich—I do not remember the precise words William Riddell used when he told me to take the wood—he said I was to go into the lead-works, and take some of those inch-and-a-quarter battens—the stock of deals that we had on the premises belonged to Messrs. Pontifex—there were four shelves to the cupboard—I also made some rough kind of shelves, of the same kind of material, for the wine-cellar, at the same time—William Riddell ordered me to make them—Mr. Joseph saw them after they were done, while we were fixing them—the value of both the cupboard and shelves might be about 4l., including labour; the materials might be about 3l.—while I was working on the cupboard and shelves I received my wages in the usual way, as we did every Saturday at the factory—Mr. Jones paid us; he always paid the wages—I

receive so much a week, regular wages, 6s. a day—I was in constant employ at the factory—it was 6s. for twelve hours, and we generally made it twelve hours a day—I made six days a week, and received pay for six days—I was employed about four days on the cupboard and shelves, and it might not be quite so much, not four days each for me and Harrison, but four days one man—I was working at the prisoner's house in Birnie-street about fourteen days altogether, fourteen following days—previous to that the prisoners resided at the factory—about March, 1848, they removed their furniture, and were fitting up their house at Greenwich—when the furniture was removed, it was covered over with flannels, such as we had in stock, on the premises, belonging to Messrs. Pontifex—the officer Hedington has since shown me some flannel, and the materials of which the cupboard and shelves were made—I went with him to Greenwich, and pointed them out—they were the same I had made by the prisoners' directions—I was not with Hedington when the flannel was found; I saw it afterwards; it was the same sort of flannel as that in which the furniture had been.

Cross-examined by MR. SERJEANT WILKINS. Q. How often were the Messrs. Pontifex in the habit of coming to Millwall? A. I cannot rightly say; about three times a week, or it may be more—I cannot say how long they stayed when they came; I never watched them; it was according to business—they stopped two or three hours, or more—they sometimes went over the works—I do not know how many men there were on the premises; there were several—there was a gate-keeper; the one in March, 1846, I believe was Crawley—I selected these battens myself; they were taken across the water to Greenwich—they went off the premises in the shape of a cupboard—I took some rough planks—they were taken across the water in a boat—the water comes up to the premises—sometimes they were taken in the morning, sometimes in the middle of the day, and sometimes in the afternoon—the cupboard was taken by me and Harrison in the morning, when we went there—we have not to pass the gate to get to the water-side; we have to pass a gate, but not where the gate-keeper is—it might be about a hundred and fifty yards from where the cupboard was made to where we put it into the boat—it was made in the carpenter's shop—I think there were three or four men in the carpenter's shop at that time—I do not think any one but Harrison assisted me in making the cupboard—I cannot say positively whether William Riddell came into the shop to order the cupboard—I was not more intimate with the Riddells than any one else, nor was Harrison—I was not there when the Riddells first came—the cupboard was not perfect when it was taken off the premises—I do not consider it perfect till it is put together—the frame and doors were made, and then it was taken and fixed up in its place, and the doors were fitted in—it was very well known in the shop what we were making the cupboard for; it was not kept secret—Mr. Jones is there at times to take stock when it is required, whenever Messrs. Pontifex please—if we lose time we are not paid for it; our time is counted by hours; sometimes we do over-work, make more than six days a week—we do not account to Mr. Jones for our hours when we are paid our wages; it is not Mr. Jones's duty to inquire, but Mr. Riddell's—I never made known to Mr. Jones where I had been at work—he was not on the premises all the week; he was at Shoe-lane; he merely came down on Saturday evening to pay the men—I do not remember seeing either of the Messrs. Pontifex in the carpenters' shop while I was making the cupboard—they did sometimes come into the carpenters' shop—I never went off the premises to work, except on this occasion, and once when I went to Mr. Pontifex's.

Cross-examined by MR. BALLANTINE. Q. Did I understand you to say that the Riddells lived at Mill wall? A. Yes; I think they had three or four rooms in the middle of the factory—I believe there was no furniture or things of Messrs. Pontifex's in them—I cannot say when they came there—they were both there when I went—I do not know what William Riddell's employment was; I believe he had nothing to do but to obey orders.

MR. CLARKSON. Q. Were your wages checked by anybody before they were paid by Mr. Jones? A. Yes, by Mr. Joseph Riddell; the amount of my wages was determined by him on Saturday morning, in a list sent up to town—he had the whole power of discharging the servants at Mill wall—when William Riddell told me to take the battens to make the cupboard, I did not know that he had no authority from Messrs. Pontifex to do so—I do not think any of the battens or shelves were taken away when Messrs. Pontifex were there—I believe they did not see me making either of the articles—I have no means of knowing whether or not they knew of their being made—the gate-keeper, like the other servants, was under Joseph Riddell's control—we got the things to take to Birnie-street; when we went at six o'clock in the morning, and went direct there after getting what we wanted—I did not mention anything of this to either of the Messrs. Pontifex before I was questioned on the subject—I never had any communication with them about any matters—Mr. Pontifex never spoke to us on the subject either before or since this transpired.

JOHN HARRISON . In March last, I was employed in the carpenters' shop, at Messrs. Pontifex's factory, at Mill wall. I remember some battens for making a cupboard, and some shelves being selected by Spriggs—the sawyers cut them out—I worked up part of the cupboard, and Spriggs the other part, in the carpenters' shop—I afterwards saw them at the house in Birnie-street, Greenwich, where the prisoners lived—I helped to fit them up in the kitchen and wine-cellar—both the prisoners saw us making them in the shop, and they were present when we were fitting them up at Birnie-street—we were there about a couple of days fittiug them up—we might have been there fourteen days altogether—we were paid weekly wages by Mr. Jones—no one settled the amount due to us—the account of our time was given in every day, at the counting-house at Mill wall, where the prisoners were—Joseph Riddell was the manager in the counting-house.

Cross-examined by MR. WILKINS. Q. If Joseph happened to be absent, I suppose some one else took in the account of the time? A, Yes; Mr. William, no'one else—I have been more than five years in the employment—Joseph was manager the whole of that time, and acted like a master—during the time they lived on the premises, there were some trifling repairs done to the house they lived in—as far as I know, it was done out of the materials on the premises.

CHARLES JONES . I have been clerk to Messrs. Pontifex nearly fourteen years—my general occupation is at Shoe-lane, but it was my duty to pay the wages of every person employed at Mill wall—every Saturday morning, Joseph Riddell forwarded a time-book with the amount of time due to each man—it was then reckoned up, to see what the total time of each man was, and on the Saturday afternoon I received the amount to take to Millwall to pay the men—in the following week I used to analyse the account to find what work the men had been on, and the amount of wages to each different portion of the manufactory—the analysis was then kept in the counting-house, and the time-book sent back to Joseph Riddell—I have not got that book—after I sent it back on the Tuesday or Wednesday I should know nothing

of it till I saw it again on the following Saturday—I received the money to pay the men from Messrs. Pontifex—I never received any money from either of the Riddells to pay the men at Mill-wall.

Cross-examined by MR. HUDDLBSTON. Q. Were you in Messrs. Pontifex's employment when the Riddells came? A. Yes; I heard that they had been carrying on business for themselves at Bow Common—I never heard that there were articles brought from Bow Common to Mill wall—I never saw any articles of machinery that were brought from there—I remember the time the premises were taken at Millwali—I should think I went there the first or second Saturday that the men were paid there—I know where all the stock and machinery at Millwali came from—there was a large bell on the premises—I do not know that that came from Mr. Riddell's works at Bow—I believe it was there before Mr. Riddell came on the premises—I have been frequently on the premises since the prisoners were there—I always found Joseph Riddell attending to business—I believe he gave his whole time and energies to it—during the first portion of the time he was there, he resided on the premises—I believe he removed to the other side of the water principally on account of his brother's health; a portion of the works were chemical—when the business was first commenced it was an experiment; a new business; in the course of a few years it increased—the time-book was kept by Joseph Riddell—there were not any ledgers or day-books kept at Millwall; that part of the business was transacted at Shoe-lane—there were books kept in which all goods that went out were entered—the wages-books are kept at Millwall; I have been there since this occurrence, to pay the wages—I found the present wages-book in the usual place, but not the prior one—I consider Mr. Joseph Riddell a person of very extended knowledge in chemistry, and of very great scientific attainments.

MR. CLARK SON . Q. Did you ever hear either of the Messrs. Pontifex complain to Joseph Riddell on the subject of the business? A. Never; the wages-book for March 1848 is not forthcoming—I have the analysis here—I believe all the books of the establishment are here.

EDMUND PONTIFEX . I am in partnership with my brother William; about five or six years since, we took Joseph Riddell into our employment, as superintendent and manager of the works we were then taking at Millwall—some time after, he asked permission for his brother to come and assist him—I consented to that—I think when Joseph first came, he received 150l. a year—we afterwards added other branches to the business, which was a chemical one, and white-lead factory—at first it was only a business for making extracts of logwood; we added other things to it, and we then gave him 500l. a year for some time—in 1846 the returns were not satisfactory, in consequence of which we reduced his salary to 5l. a week—I had an explanation with him on the subject; the agreement was not the result of a written correspondence—I told him that the concern turned out very different when we made up the stock account to what he represented, and that as the concern did not pay, I could not give him the same amount of salary that I had done under the idea that it was paying—he said he could not expect it; that I had been exceedingly liberal and kind to him, and whatever I thought was a proper equivalent for his services he should be happy to accept—I said I had talked the matter over with my brother, and that we would give him 5l. per week, but that if he managed the concern so as to make it a profitable one, we would then increase accordingly—he said he was quite willing to accept it—I had long previous to that given instructions to him that not a thing should go from Millwall without an order from our couuting-house—we

gave William 30s. a week as assistant to his brother—it was his duty generally to assist his brother in the management of the concern—it was Joseph's duty to see that the time charged by the men was properly charged, and remit it to Shoe-lane to be paid—I received some information with reference to Joseph in 1846, in consequence of which 1 told him I had heard many rumours prejudicial to his integrity in carrying on the concern—he said he had many enemies, but he was ready to meet any accusation, and he hoped I should not give credit to anything to his prejudice unless it was proved—I told him that if there was no truth in these things, a course of integrity on his part would give the lie to these reports, and that I would not, unless I could bring something home to him, think of dismissing him, when I knew it would be so prejudicial to his character—he had authority as manager to make such alterations or repairs at Mill wall as were necessary for carrying on our business—when I say alterations, I mean minor things; of course nothing would be done on any scale without my giving him directions—he had no authority to sell anything from Millwall without an order from Shoe-lane; we had expressly prohibited it—I told him repeatedly that it was only a manufactory, and not a commercial place—he never asked my permission to work up any battens of ours on premises of his own—he never had any such authority—I received an anonymous letter about July; I did not speak to Joseph Riddell about it—I had suspicions about July in the present year, that our property had been used by the prisoners—I had no knowledge of our battens being worked up for the purpose of making either shelves for wine cellars or cupboards, at the prisoner's house in Birnie-street—I had never authorized him to do such a thing—I bad not expressly prohibited him from doing so; it did not occur to me to do so—I only gave him a general prohibition, that no property was to be removed without an express order—in March, 1848, I was dissatisfied with the wages account, and communicated that repeatedly to Joseph Riddell—I pointed out to him the number of carpenters employed, which I thought perfectly unnecessary for the repairs of the place—I told him the expenses were much greater than any business could afford to the extent that was being carried on—I mean carpenters and those kind of men, who were not employed in manufacturing any of the articles, but on in the general repairs of the premises—he made a great many excuses, and said they were necessary, and I insisted, and sometimes had some of them discharged—there was a stock taking at Millwall in July; in consequence of which, on 15th Sept., I caused a general inquiry to be made of the state of the business and premises there—in consequence of that I learnt something with reference to the prisoner's premises at Birnie-street, and the property that had been at the factory, and in consequence of that I consulted my solicitor, and went down with him and a policeman to Millwall—I do not think I had learnt anything from Spriggs or Harrison at that time—I called some of the men into the counting-house, and put questions to them; the prisoner Joseph was outside—after I had their answers, I called Joseph in and accused him of having falsified the stock accounts to a large amount—I said, "You have weighed refuse of sulphate of lime as tartrate of lime, and taken it into stock, making a difference of about 2000l."—I am not sure whether I mentioned the amount at that time, or subsequently; I think I mentioned the amount in the course of that conversation—he said, "I am very sorry I I have done so; I have been very wrong there"—I said, "But that is not all, Mr. Riddell; I fear that the reports that I have so long heard to your prejudice are true, and that you have been robbing us to a large amount;

I find, from the examination of the men, that you have been using oar materials and our time, and converting them to your own purposes"—he said, "I am very sorry that I have done so, but it is not to a large amount;" or "it is a small amount," or some words to that effect—Mr. Debenham, my attorney, cautioned him in the first instance that there was an officer present, and that anything he said would be noted down—either Mr. Debenham or the officer then said, "It is no use speaking any further to him; you had better give him in charge"—and on that I gave him in charge.

Cross-examined by MR. WILKINS. Q. I believe, previous to the works at Millwall being started, you had done nothing in the chemical way? A. No; neither I or my brother had any chemical knowledge—Joseph Riddell had the entire management of the works, under our direction—we were not able to direct the workmen; it was left to him—the general commercial account he had nothing to do with—he had the employing of the men—he has always professed a great deal more knowledge than he has had credit for—he was always a very sanguine man—it was not in consequence of some alleged secret that he possessed, that he insisted on having the employment of the men—I do not recollect that there was any written correspondence between us on the subject—there had been a vast number of letters, of course, written as our manager—there was some correspondence before I engaged him in March, 1843—his engagement was the result of written and personal correspondence together—I cannot recollect whether he told me that it was in consequence of his having some secrets which he did not chose to disclose to the world, that he insisted on choosing his own labourers, or his telling me that the more ignorant these labourers were, the better they would suit his purpose—I cannot charge my memory with it—I do not recollect whether he did or not—the number of men employed varied according to the business—there were a great many men and women employed in the white-lead works; seventy or eighty sometimes—(looking at a letter handed in by Mr. Serjeant Wilkins)—I do not recollect his saying he had any secret, but seeing this letter, I presume that he had written to that effect—I hope I always behaved liberally to him; he always expressed it—he never said in my presence, and the presence of others, that I had treated him more like a partner than a servant; he said more like a father—I generally visited the works two or three times a week—I took a more active part there than my brother—I went to ascertain how things were going on—I generally went over a portion of the premises—I very seldom went into the carpenters' shop—it was not at all times accessible to me, because there were casks sometimes put against it, and when I wanted sometimes to get in, I found some difficulty—I believe there were often people working there when the things were so placed—I might have removed them, of course; and, I did, on one occasion, knock at the window, and insist on having some things removed; they were removed, and I went in—I think it was in June, 1847, that I reduced his salary—I then told him if he increased the profits of the business, his salary should be increased—I am afraid the profits were nothing; as near as we could balance, it was a loss—I never said I found it did not yield above 10 per cent., I wish it had done so—the business increased, but that depended on our commercial transactions in Shoe-lane; this was our manufactory—I cannot tell what business was done the first year—all the money transactions were conducted in Shoe-lane, and were not separate from the other; therefore, I cannot tell the amount—the raw material went by order from Shoe-lane, and the manufactured articles were either brought to Shoe-lane, or by an order from Shoe-lane taken to the different inns and wharfs, and so on, where they were

ordered to go—I should think last year there must be about 25,000l. or 30,000l.-worth of manufactured goods there—I have never made up the accounts; it is impossible for me to say exactly—I should think at the com. mencement there were, perhaps, 4000l. or 5000l.-worth: I am speaking all by guess—I have not made any calculation of the total amount of raw material that passed through Joseph Riddell's hands; it certainly was not as much as 200,000l.-worth in the whole time—it might perhaps be 100,000l.-worth—I do not know exactly—the prisoners did not complain of their health in consequence of residing on the premises—Joseph has said that his brother had very delicate health, and he was obliged to go away at one time—I may have talked about building them a house instead of the rooms they occupied—I am quite sure I did not offer to build them a house away from the premises, and supply them with a boat to cross the river—I never offered to take a house at Greenwich and pay the rent—they have represented the necessity of attending to the works on Sundays, as well as week days—I have constantly combated that to some extent, and have said that a great deal of Sunday work was unnecessary; there was work necessarily done on Sunday—I would confine it as much as possible to daily work—I know works of necessity must be done—Joseph admitted that he had taken false stock—I believe he has not been indicted for that at present.

Cross-examined by MR. BALLANTINE. Q. I take it that the prisoners paid no rent for the premises they occupied at the manufactory? No; I think they had four or five rooms—they represented that it was necessary they should be on the premises early in the morning and late at night, but I understand they have not been so—it was necessary that some superintendent should be always on the premises when workmen were there—there were processes that commenced on Friday or Saturday, that went on through Sunday, that required the superintendance of somebody, as evaporation which could not be suspended was going on—there were two workmen there at night, and on the Sunday; that was actually necessary.

MR. CLARKSON. Q. Did the business continue equally unprofitable from 1847, when you reduced Joseph's salary, till Sept., when he was discharged? A. When we took stock we always found it so—I think they were both paid their wages on the very night of their apprehension—the complaint I made was, of the falsification of the stock; of his weighing an article of no value whatever, what we are glad to get rid of, as an article of very considerable value—I thought at the time that made a difference of 2000l., but I afterwards found it was 1000l.

WILLIAM PONTIFEX. I am the brother of the last witness and one of the prosecutors—I never gave the prisoner authority to convert any of our materials into articles of his own, or for his own house—I was not aware that any such thing had been done until this discovery in Sept.

JOSEPH HEDINGTON (City-policeman, 20). On 15th Sept. I accompanied Mr. Pontifex and Mr. Debenham to Millwall Factory—Mr. Pontifex sent for Joseph Riddell into the counting-house, and said, "Mr. Riddell, you are aware I have received several anonymous letters respecting your honesty; I did not believe them at the time, but now I have positive proof as to the truth of them; you have been using up our materials, and making green-houses and other things, at your house at Greenwich, and have improperly charged the time of the men to the firm"—Joseph Riddell said, "I have used some of the materials, but it was so trivial; it was not worth mentioning"—I had heard Mr. Debenham caution him before he said anything—he was given into my custody between six and seven o'clock that evening by Mr. Pontifex—I apprehended

the prisoner William in Birnie-street, Greenwich, on Tuesday, the 18th—I told him I was an officer, and he was charged with stealing sixteen sacks and a half of coke, and a quantity of tartar, and other things, the property of Mr. Pontifex—he said it was a bad job—I subsequently searched the house, No. 1, Birnie-street, where the prisoners lived, and found a cupboard in a recess in the kitchen, and a quantity of shelves in the wine cellar, some of which are now outside the Court—Spriggs was with me at the time I took them, and pointed them out to me—I also found some flannel—there are three vans-full of articles outside—this is one of the shelves of the wine-cellar (produced)—there were a great many.

COURT to MR. JONES. Q. Will you explain what you meant when you said that the book was left with you to analyze? A. Every process of manufacture is divided into numbers, and in this time-book each man has placed against his name, by Joseph Riddell, the number that portion of the manufacture is designated by—if No. 1 was dry white Jead, and eight or nine men had been on dry white lead—"No. 1" would be placed against each of those men, and so on with the different parts of the manufactory—the carpenters might be making particular work, trays for tartaric acid, which is No. 18, and it would be represented by him in that book that these men had been employed in "18," signifying trays for tartaric acid; consequently, Joseph Riddell had the whole keeping of that time-book, and he appropriated the men's wages, and put their time down at whatever he chose to put—I analyzed it according to his statement—I did not examine into the truth of it.

COURT to JOHN HARRISON. Q. Were the battens sawn up on the premises or brought there in that condition? A. The foreman brought them to us, cut as they were—I do not know in what state they originally came on the premises—I must have been mistaken when I said the sawyers cut them out—they were generally brought in planks or blocks, and sawn up there.

WILLIAM SPRIGGS re-examined. They were previously sawn up and in stock, not sawn for this purpose.

(William James Watsford, surgeon, Frederick Thomas Hudson, optician, and Henry Samuel Richardson, bookseller and stationer, all of Greenwich, deposed to the prisoners' good characters.)

JOSEPH RIDDELL— GUILTY . Aged 34.—Strongly recommended to mercy by the Jury.— Confined One Month ,

WILLIAM RIDDELL— NOT GUILTY . (See Old Court, Saturday.)

Before Mr. Baron Alderson.

26th November 1849
Reference Numbert18491126-61
VerdictNot Guilty > unknown; Guilty > unknown

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61. THOMAS ALLEN , WILLIAM LOVEGROVE , and GEORGE EMMETT , feloniously shooting at Thomas Lawn, with intent to do him some grievous bodily harm; Allen having been before convicted.

MESSRS. HUDDLESTON and ROBINSON conducted the Prosecution,

THOMAS LAWN (policeman, V 222). I am stationed at Hanworth, Middlesex. On 7th Nov., about a quarter to nine o'clock at night, I was at Mr. Dawes' farm there, and saw his foreman Webb—I heard the report of a gun about half-way down Hanworth Little Park—I and Webb went to the park and placed ourselves against a tree—in about ten minutes or a quarter of an hour I heard footsteps, and saw the prisoners within three or four yards of the tree, I threw my light on them, and started from the tree towards them—(I have known Lovegrove and Allen nine years, and Emmett two years; they live at Feltham)—Allen had a gun—directly I started, he held it up as high as his breast, not to his shoulder, and shot at me—I was not more than

two yards from him—he missed me, as I was moving about, scuffling with Emmett—it was quite dark; I could not have seen but for my light—Emmett had a short stick which he struck me with, when the gun was pointed—Allen and Lovegrove ran away—Webb began striking me in mistake in the dark, and Emmett, not knowing he was my assistant, said, "Give it them! give it them!"—Webb struck me on the arm, and I let go of Emmett—he got away—I picked up Allen's cap—the prisoners were taken next night—I produce the bark of the tree—here are shot marks in it.

Cross-examined by MR. O'BRIEN. Q. Was the night dark? A. I have seen darker nights—the prisoners came from behind a tree about twenty-five yards from us; they all came up together—I was not more than a yard from the tree when Allen fired—I had seen the gun in his hand when I turned my light on; I was then three or four yards from him—my light covered all three of them—I did not tell Sanders, the policeman, I believed it was Allen; I said it was him—the bark was taken from the tree at about the height of a man's breast—it is a tree where pheasants sometimes find shelter.

HENRY WEBB . I am foreman to Mr. Dawes, at Sir Frederick Pollock's at Hanworth Little Park. I was with Lawn, heard the gun fired, and went with him to the tree—in ten minutes or a quarter of an hour we saw a man about twenty yards off, and two more came up as fast as they possibly could—when they were within three or four yards of the tree Lawn turned his light on, and I saw the prisoners—I had known Allen and Lovegrove five or six years—Allen had a gun—he held it up towards us, but not to his shoulder—it went off—I was between three and four yards from Lawn—Allen and Lovegrove walked away—Lawn caught hold of Emmett, scuffled with him, and knocked this stick out of his hand (produced)—I picked it up, and struck Lawn with it by mistake—Emmett called out, "Give it him! give it him!"—he got away—I am satisfied the prisoners are the men.

Cross-examined, Q. Did the light cover the whole of them? A. Yes, down to their feet, they stood so close together—when Lawn was struggling with Emmett, his light was hanging to his strap, and I could see the men very plainly—I struck Lawn on the arm and hat—I did not see the gun till I saw the fire come out of it—I saw it directly afterwards—I was three or four yards from the tree, and Lawn about the same distance—I searched under the tree for the shot, but found none—Allen had not his face towards us when he fired; he was turning to go away.

COURT. Q. How do you know the gun was half-way up to his shoulder? A. I saw the flash coming out of the muzzle, and afterwards picked up the paper.

GEOROE SANDERS (policeman, V 236). Lawn and Webb came to me and gave me this cap—it belongs to Emmett—I had him in custody before, when he claimed it and pointed out this mark on it to me, and said he had a cut on it.

Cross-examined. Q. How long before had you seen it? A. About ten days—I asked Lawn if he knew by whom the shot was fired—he said he believed it was by Allen.

ROBERT GRAHAM M'INTYRE (policeman). I took Emmett—he said he had been at the Bear, at Han worth, the night previous, with Allen and Lovegrove—I took Allen, and he said he had been at the Bear that night with the others—I also took Lovegrove—the Bear is about a mile from Hanworth Little Park. GEOROE DAWES. I am agent to Sir Frederick Pollock. I went to the tree next morning, and saw shot marks very clearly—they had taken the slant, not right into the tree but a little on one side—people would be trespassing at that

place—there is no road—they would have to get over two fences—there is a little game there.

Cross-examined. Q. Did you give orders for the bark to be brought here? A. Yes, there were more marks than this—the bark had been stripped off by the glance of the shot,

THOMAS BIRD . I have been a policeman—I produce a certificate of Allen's conviction—(read—Convicted June, 1847, and confined six months)—I was present—he is the person.

LOVEGROVE and EMMETT— NOT GUILTY . (See New Court, Saturday.) ALLEN— GUILTY . Aged 24.— Transported for Ten Years.

NEW COURT—Friday, November 30, 1849.


Before Mr. Recorder, and the Fifth Jury.

26th November 1849
Reference Numbert18491126-62
VerdictGuilty > pleaded guilty

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62. GEORGE JAVAN , burglariously breaking and entering the dwelling-house of James John M'Cracken, on 5th Nov., at St. Mary, Islington; and stealing 6 spoons and 2 knives, value 1s.; his property: 1 pair of boots and 1 pair of shoes, 7s.; the goods of Elizabeth Riddell: and 2 shawls, 13s.; the goods of Ann Carmichael Dunbar: to which he pleaded

GUILTY . Aged 19.— Transported for Ten Years.

26th November 1849
Reference Numbert18491126-63
VerdictGuilty > pleaded guilty

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63. JOHN ANDREWS , stealing 9 1/2 lbs. weight of lead pipe, value 1s. 6d.; the goods of Thomas Arrowsmith, fixed to a building: to which be pleaded GUILTY . Aged 27.— Confined Nine Months.

26th November 1849
Reference Numbert18491126-64
VerdictsGuilty > pleaded guilty; Guilty > with recommendation
SentencesImprisonment; Imprisonment

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64. JOHN JAMES , stealing 243 yards of cotton cloth, 12 yards of linen cloth, value 4l. 13s. 5d.; the goods of David Moses and others, his masters; and DAVID LEE , felonionsly receiving same: to which JAMESpleaded GUILTY . Aged 37.—Recommended to mercy.— Confined One Year

MESSRS. PARRY and COCKLE conducted the Prosecution.

JOHN STOREY (City policeman, No. 414). In consequence of information from Mr. Moses, I watched James's residence, 14, Oxford-street, Stepney. On 17th Nov., between eleven and twelve, I saw James come out with this parcel in brown paper tied up under his arm—I was in plain clothes—I followed him to the prisoner Lee's, 89, Fore-street, Cripplegate, it is a tailor's and trimmer's shop—they sell woollen pieces and cloth—James went into the shop, placed the parcel on the counter, and Lee took it off and placed it behind the counter, on the ground, without its being opened—the counter concealed it when it was on the floor—no money passed between them—I should say Lee's shop is three miles from Oxford-street, James went along the back streets—when James came out of Lee's I went in and asked Lee where the parcel was that the man had left who had just gone out—he said, "What parcel?"—I walked to the end of the counter and said, "That is the parcel," pointing to this one—he said, "O, yes, a man did leave it this morning"—it was still unopened—I asked him what he gave for it—he said 8s.—I asked him if he had bought any money—he said, "No," he had not, and he did not know the man only by his coming in now and then—I told him 1 should search the place—he said, "O, I have bought a little more calico of him"—I searched the place, and found altogether six parcels, which I produce, containing altogether 285 5l. 8 yards—some of the parcels were tied in brown paper, and some loose—Lee said he bought the whole of them

of the person who came in, and when I took James to the station I asked him if that was the man—he said, "Yes"—I took Lee into custody, and went in pursuit of James, whom I took near his house.

Cross-examined by MR. BALLANTINE. Q. Did you tell James the charge? A. I told him it was for robbing his employer of a parcel, and taking it to Mr. Lee's—he said, "I suppose some kind friend has put you on to me"—when I pointed to the parcel lying on the ground at Lee's, he said, "O, yes, a man did bring it in," or words to that effect—I then asked him if he had bought any more—he said, "No"—I said, "Are you sure of it?"—he then said he had bought a little calico, but not before I had said I should search the place—some of these goods are forty yards long, some sixteen or twenty—his shop is not very large—there are not such goods as these in it—there are cuttings—these are quite out of his line—the other articles were all woollen—these were the only articles I found of this description—these were not exactly open; they were under the shelves and on the bottom shelf.

THOMAS BARNES (City-policeman, 448). I was present at James's apprehension.

SAMUEL MOSES . I am a wholesale shirt-manufacturer and clothier, at 14 and 15, Aldgate. I have two partners—James was in our employ as foreman of the shirt-cutters—he had no right to take any pieces of goods off our premises—this parcel of goods is our property, and is unsold—the original cost price of it is 13s. 10d.—the value of the whole of these goods is about 6l.—I have looked at the contents of these other parcels—the goods are similar to what we have in our warehouse, and on one of these pieces here is our private mark—there is nothing on them that would enable Lee to know who they belonged to—this piece of blue calico with our mark on it was among the six parcels—one of the parcels is tied with a peculiar kind of string, which we have made for ourselves, as we have been so much robbed—Lee was not a customer of ours; I never saw him.

Cross-examined, Q. Is there anything on either of them to prove that they had not been sold? A. We seldom sell goods in this state: I feel confident that they have not been sold—the work is not delivered out in pieces—it is cut out on the premises, and given out to the workpeople to make up—they were not sold to James.

Witnesses for the prisoner Lee.

JOHN CUTHMAN . I am an oilman, of 87, Fore-street, next door to Lee. I have known him ever since he has resided in the street, ten or twelve vears—I never knew anything against his being an honest man—I have known him as a neighbour.

Cross-examined by MR. PARRY. Q. Have you known him all that time? A. Yes, except a short time when he let his business, and returned to it again; I suppose that is about a year and a half ago—perhaps he was away from the business twelve or eighteen months—I do not know that his name was over the door all that time—my impression is, that it was not—I heard from the person who took his business that he retired into the country—I never heard of any accusation against him, or of stolen goods being seized at his shop: from my knowledge of him, I do not think there would be.

COURT. Q. Will you tell us what you know of him; do you mean that you mixed in society with him; that he visited you, and you him? A. We met occasionally at our doors, and spoke to each other—I had no intimacy with his family—I am churchwarden, and have lived in the parish between twenty and thirty years.

WILLIAM ELLIOTT . I am collector of rates in Cripplegate parish, and live

at 38, Fore-street. I have known Lee upwards of ten years—his character has been most irreproachable.

Cross-examined by MR. PARRY. Q. Did you know of his going into the country? A. Yes—I do not think it was for more than six months—I cannot answer whether his name was over the door during that time—I never took notice of it being on the brass plate—another person was assessed for one quarter—Inever heard of stolen goods being seized at his shop.

MR. HARMAN. I live at 44, Fore-street, and have known Mr. Lee upwards of ten years—I can give him the same character—he had a son in the country, where my son was—I have had several interviews with him.

Cross-examined by MR. PARRY. Q. Do you remember, eighteen months ago, hearing of anything being seized at his house? A. I never heard anything of a stain on his character.

MR. EMERSON. I am a silversmith, of 84, Fore-street. I have known Lee eight or ten years—he lives opposite me—I believe him to be an honest man, but perhaps slovenly in his business, not conducting his business in a systematic way, from the manner in which I have seen it—I mean not in such a cleanly manner as I should have done—I have been in his shop—I never made a purchase.

Cross-examined by MR. PARRY. Q. Did you know him eighteen months ago? A. I understood he let his business to go into the country, and returned to it again; I should think that is eighteen months ago—he returned I think about six months afterwards.

DAVID PRINCE . I am a tobacconist, of 40, Fore-street. I have known him about ten years—I never heard anything but that he was a respectable, honest man—I should have known if there had been any imputation on his character.

COURT. Q. Did you ever take a meal in his house? A. No—I have met him in the street, and passed the time of day.

Cross-examined by MR. COCKLE. Q. Are you able to say whether, when he retired, he was in the habit of coming to his shop? A. No—I heard he had retired into the country, and afterwards he came back to his own shop—I said to one of the neighbours, "Mr. Lee is come back"—he said, "I see he is"—I do not know whether his name was over the door while he was away—a great many tailors use my shop who use his, and it was from the tailors I heard he had let his shop, and gone into the country.

MR. JOHNSON. I am a butcher, of Fore-street. I have known him ten or twelve years—we lived opposite him, and I always took him to be an honest, hard-working, industrious man—that is the character he generally bears—I never heard the contrary.

Cross-examined by MR. COCKLE. Q. Did you know of his retiring to the country? A. I heard of it—I never saw him come to his shop—I think I saw him once in the neighbourhood—I do not know whether his name was over the door.

MR. THOMPSON. I am a greengrocer of Fore-street. I have known him nine years—I always found him an honest hard-working man—I have not known him intimately, but as a neighbour, and we have been on an inquest together.

Cross-examined by MR. COCKLE. Q. You heard of his retiring? A. Yes, I cannot say how long he was away.

MR. HUGHES. I am a chesemonger. I have known him five years—he was always a very honest industrious man in his business.

COURT. Q. Did you supply him? A. Occasionally—he used to give me

a turn sometimes—I missed him for some time—I knew him when I lived in the adjoining parish.

Cross-examined by MR. COCKLE. Q. When did you hear of his retiring? A. I do not know—I only just came and took this house before he came back again, so I did not miss him.

CHRISTOPHER URQUHART . I am a plumber and glazier of Redcross-street. I have known him five years—he always behaved tome as an honest, upright man—he bears the character of an honest man amongst his neighbours.

Cross-examined by MR. COCKLE. Q. Do you know of his going in the country? A. Yes; I can hardly call to my recollection how Jong he was away—I should think about eight months—he came back about Oct. last year.

GEORGE ROOK . I live in Chiswell-strcet, and am a Manchester and trimming warehouseman. I have known him about eight years—he has been a very honourable man with us, and paid us very well—I believe that is the character he bears—we have endeavoured to increase his business with us.

Cross-examined by MR. COCKLE. Q. Have your transactions with him ceased? A. Yes; about April, 1848, when it appears a man took the business of him—I think he was absent more than six months; when he returned, the account went into the old channel, and he went on as before—Anthony Tate was supplied with goods while he was away—the last time we supplied Tate with goods was in Nov., 1848, but I think Tate continued a month or two after Lee returned—I do not know whether Lee's name was over the door during that time.

MR. MOTTRAM. I live in Upper Smith-street, and am a tailor. I have known Lee nine or ten years—I always believed him to be an honest industrious sober man.

COURT. Q. Where was he from April, 1848, till Nov., 1848? A. I understood his wife was in an ill state of health, and he went into the country to restore it—I have seen her in an ill state of health in Fore-street—I have been in the habit of dealing there two or three times a week.

CHARLES TOMLINSON . I am an oilman of Featherstone-street. I have known him seventeen years—he has been a perfectly honourable, honest, upright man—that was most decidedly the character he generally bore amongst his neighbours.

COURT. Q. Did you visit him? A. Yes; and he me—from April, 1848, to Dec. he went to Glensford, in Suffolk—I knew of his going there, and disposing of his business; but the party I know nothing off—when he came to town he was in the habit of calling on me in a friendly way—I saw him at intervals—his wife was very ill before she left town; she came back quite recovered.

Cross-examined by MR. COCKLE. Q. How long had she been ill? A. I should think twelve months off and on—I think it was caused by her anxiety in business—Lee told me himself that he had sold the business—I cannot say whether his name was over the door—when he left Fore-street, I did not go there at all.

MR. JONES. I am a bootmaker of Henry-street, Doughty-street I am the brother of Lee's wife—I have known him twenty-three or twenty-four years—he was an honest, upright, industrious man—I recollect his going into Suffolk—I went down twice and saw him there—he was carrying on the business of a tailor—I knew of his wife being ill.

Cross-examined by MR. COCKLE. Q. He took another business? A. I believe he went to establish a business, he did not take one—being a native of the place, he was known to a great many farmers and other persons—I saw his wife; she was better daring the time she was. in the country—I went down in June—I do not recollect the name of his landlord there—he was living in a house that he rented and a work-shop attached, where he carried on business—I saw him at work on clothes—he had no apprentice or servant—he has five children; they did the work and assisted him in business.

MR. COCKLE called

JOHN SPITTLE (City policeman, No. 9). I know the house of the prisoner Lee—I received orders to go there on 23d June, 1848—the name of Lee was over the door—I found a quantity of stolen property which was identified by Mr. Capp, a clothier, in Leadenhall-street—they were pieces of waistcoats, I should think worth 10l. or 15l.—the property was brought to this Court and identified by Mr. Capp's man.

COURT. Q. Who was charged with stealing it? A. One of Mr. Capp's workmen—the man was convicted and sentenced to three months, and the property found at 89, Fore-street, was handed to the prosecutor—Tate was the man who was in the shop, and he was made a witness in the case, having purchased the stock of Lee, as he said—I looked for Lee.

Cross-examined by MR. ROBINSON. Q. Did you go to Mr. Jones to inquire? A. Yes; I did not get information from which I could find Lee—he said he was in the country—I believe he told me the town, but he said he expected him in a few days, and there was plenty of time for him to come to town, he did not come—It gave Jones notice what he was wanted for—I swear Jones gave me no address in writing.

MR. ROBINSON to MR. JONES. Q. Do you recollect seeing the policeman in June, 1848? A. Yes; he came to me in plain clothes and said he was one of the detective force, and he came about the shop that Mr. Lee had quitted—I gave him the address in writing, and said Mr. Lee would come whenever he was wanted—I wrote to my brother-in-law—I did not call on the policeman; I did not know where he lived: I gave him my card; he could find me any time—I told him my brother had sold the business—he never came to me again.

COURT. Q. Did the policeman tell you, when he said he was of the detective force, that a part of the goods said to be stolen were stated by Tate to be goods taken of your brother-in-law? A. No.

COURT to JOHN SPITTLE. Q. What did you tell Jones? A. I cannot tell the words now—I went in plain clothes—I said I was one of the detective force—I put him in possession of all the facts—I cannot say that I told him what I found on the premises, but I am confident I told him all that was necessary—I cannot say that I told him that his brother-in-law was charged in any way with having had possession of the property supposed to be stolen—I gave him information enough to satisfy him that there was something that his brother-in-law had to clear his character from, and I required him to be forthcoming.

MR. ROBINSON. Q. You never went down to Glensford, nor communicated with the police there? A. No.

COURT to JOHN STOREY. Q. What time was it Jones went to Lee's? A. The clock was striking twelve, or within a minute or two of that time.

GUILTY . Aged 40.—Recommended to mercy by the Jury on account of his character.— Confined Eighteen Months.

(Tere was another indictment against the prisoner.)

26th November 1849
Reference Numbert18491126-65
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

65. BENJAMIN MASTERS and MARY MASTERS , unlawfully attempting to obtain money by false pretences.

MR. COCKLE conducted the Prosecution.

JOSEPH RUSSELL . I am assistant to Mr. Richard Atkinson and another, oilmen, of Red Lion-street. On 14th Nov. Benjamin Masters came and asked for half an ounce of tobacco—while I was weighing it Mary Masters came in—I gave Benjamin Masters the tobacco—he tendered me half-a-crown, and I gave him 2s. 44l. 4d. change—the tobacco came to 1¾d.—when I put down the change, Mary Masters endeavoured to attract my attention, by asking if I would give her a sixpence for six pennyworth of halfpence—I told her we had a till-full of halfpence, and did not want any more—I saw Benjamin pick up the two shillings I had laid down with the coppers, and put them into his mouth—Mary said, "You might as well oblige me"—I said we could give her halfpence for a sixpence—I saw Benjamin Masters put a sixpence to the 4¼d. which was on the counter, and he said, "Halloo, master, this change is not right, is it? I gave you half-a-crown"—I said, "I am well aware, my man, what you gave me, and what change I gave you"—I left the counter and walked round, and the moment I moved he went out—he did not get anything from me—when he got two or three yards from the shop I got up to him—the moment I got up to him he made a snatch at my watch—I held him two or three minutes, and Mary Masters came out and endeavoured to rescue him—she said, what did I want with the man, he bad done nothing, and so on—she took hold of him, and endeavoured to pull him away—the money in the shop was Mr. Richard Atkinson's and his partner's.

Cross-examined by MR. PAYNE. Q. Did Benjamin take any more money? A. No; he could not get any—I saw him take the two shillings up—I heard no more of them till they were taken from him at Clerken well—when I pot hold of him, he said, "I have got the two shillings all right"—I said, "So have I you."

CHARLES RENYARD (policeman, E 138). On 14th Nov., about twenty minutes past six o'clock in the evening, Benjamin was given into my custody for attempting to steal Mr. Russell's watch—at the station he put his hand into his pocket and took out 2s. 4¼d. and some tobacco—he was sober.


26th November 1849
Reference Numbert18491126-66
VerdictGuilty > lesser offence

Related Material

66. BENJAMIN MASTERS was again indicted for feloniously assaulting Joseph Russell, with intent to rob him.

MR. COCKLE conducted the Prosecution.

JOSEPH RUSSELL . On 14th Nov. I followed the prisoner out of the shop-when I got to him, about two or three yards from the shop, he seized my watch-chain—my watch was in my left-hand waistcoat pocket—he got the watch out of my pocket, and tore my pocket half down—he tugged at the watch three times—the chain prevented it from going a way—I then seized him by the handkerchief and collar—I had not got hold of him before—he attempted to throw me—I threw him down, kept him about twenty minutes, and gave him into custody.

Cross-examined by MR. PAYNE. Q. What time was this? A. A little after six in the evening—a good many persons came up—he worked me about 100 yards from the shop—I did not attempt to lay hold of him before he seized my watch—he did not give me time, for he seized my watch—there were 150 persons round when he w as taken, but there was no one when I went first to him.

GUILTY of an Assault. Aged 20.— Confined Three Months on the firs Indictment.

26th November 1849
Reference Numbert18491126-67
VerdictGuilty > pleaded guilty
SentenceNo Punishment > sentence respited

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67. THEODORE WICKS , stealing 1 pair of boots, value 8s.; the goods of Edward Goodchild; having been before convicted: to which he pleaded GUILTY Judgment Respited, the prisoner's father undertaking to procure him a ship,. Aged 19.—

26th November 1849
Reference Numbert18491126-68
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

68. JOHN SLEIGH and CHARLES SLEIGH , breaking and entering the dwelling-house of Samuel Pallant, and stealing therein 161bs. weight of silk, 4lbs. of wool, and other articles, value 42l. 10s.; his'goods.

MR. MEW conducted the Prosecution.

CHARLES TUCKER (policeman, B 202). I produce some skeins of silk, which I got from John Sleigh on 6th Nov.—I subsequently found an owner for them.

ANNA MARIA PALLANT . I am the wife of Samuel Pallant, I keep a fancy-neeedlework shop, in Halkin-terrace, Belgrave square, in the parish of, St. Luke, Chelsea—John Sleigh came to my shop on 2d Nov., between four and five o'clock—he asked what silk was a pound—I told him—he did not purchase any then—he went away and came about twenty minutes afterwards, brought a skein of silk, and bought another skein—after he was gone I left the shop to go to tea, about twenty minutes after five—I left Mary Bance in the shop—the shop-door leading to the passage was shut—a person coming into the shop must come through that door—there is only one entrance to the house from the street—persons go into the passage, and then go through the shop-door to get into the shop—I went to tea in a little room adjoining the shop—when I came into the shop again, about twenty minutes before six, from fourteen to sixteen pounds of purse-silk was gone, worth about 50s. a pound, and a bundle of wool—the value of all I lost was about 40l.—this silk is part of what I lost—I swear to it by this tie—I tied it myself and put it in the window, and it got discoloured—the maker's name is with the parcel—I have some more of the same at home which I tied it up with—there is a great variety of silk, and in this parcel there are samples of all I keep.

Cross-examined by Mr. M. PRENDERGAST. Q. There is plenty of other silk in other shops? A. Yes; but I tied this in a particular manner—you would not find, in any shop in London, any tied as this is—it is tied with cotton.

Cross-examined by MR. COCKLE. Q. Everybody that comes in comes into the passage and opens the door into the shop? A. Yes—the whole house belongs to me, it is my dwelling-house.

MARY BANCE . I am assistant to Mrs. Pallant. On Friday, 2d Nov., I saw John Sleigh come into the shop, between four and five o'clock—(I saw Charles in the shop in the course of the day of the robbery, or the day previous)—he asked the price of wool—I was told to take his address—we take the address of persons who give an order—he said, "Williams, Sloane-street"—I was proceeding to write it down, and said, "Sloane-street"—he said, "Yes, you had better not put it down, they are waiting"—he then left the shop, and returned in about a quarter of an hour or twenty minutes—he bought a skein of silk, and left the shop—when he left, the door that led into the passage was fastened with a latch—when it is so fastened, it is not possible to open it without ringing the bell—I left the shop at twenty minutes past five, to go into an adjoining room to tea—I heard the bell ring, as I was passing from the shop to the back-room—Sarah Cooper went out—there is a trigger attached to the frame of the door—it is possible for a person to open the door a small distance, and by passing their hand in, to move up the trigger, and prevent the bell ringing—it has been tried, in my presence—Cooper

went out on an errand, and came back and found the door open—she came and spoke to me—I went into the shop about twenty minutes before six—I missed the silk and the wool, a work-box, and a box of chenille—I cannot say that I can swear to this silk that is produced, but we had a great quantity of silk like this in the shop—I had passed the two prisoners together with two females, about twenty yards from my mistress's house, at half-past eleven that day, standing talking—I noticed them, because there was some remark made—I did not hear the words, but I turned my head round, and they were all looking at me—I returned the same way at twelve, and saw the prisoners and the women still standing in the same place, in Lowndes-street—I noticed them again—they looked at me particularly, and I thought they looked rudely—they had seen me in the shop as a shopwoman.

Cross-examined by MR. M. PRENDERGAST. Q. IS the shop-door a glass door? A. Yes, half-way is glass—the bell is on the inside of the door.

CHARLES CHINN (policeman, A 255). I know the trigger which is attached to the door—I have passed in twice without ringing the bell, by putting my hand in and stopping the trigger—if the door is opened quickly the bell will ring.

SARAH COOPER . On the evening of the 2d Nov., just as Miss Bunce went to tea, I went out of the shop-door into the passage, and passed her in the passage—I am quite sure I shut the door—I returned in a quarter of an hour, and found the door open—I immediately went and told Mrs. Pallant.

GEORGE TUCKER (policeman, B 202). I took John Sleigh on 6th Nov. on another charge, and found this silk on him.



26th November 1849
Reference Numbert18491126-69
VerdictGuilty > unknown; Guilty > unknown

Related Material

69. JOHN SLEIGH and CHARLES SLEIGH were again indicted, for breaking and entering the dwelling-house of David Furminger Kennett, and stealing therein 2 coats, 20 pieces of cloth, and other articles, value 7l. 4s.; Charles Sleigh having been twice before convicted.

MR. MEW conducted the Prosecution.

DAVID FURMINGER KENNETT . I live at 37, Chapel-street, in the parish of St. George, Hanover-square. On Tuesday evening, 6th Nov., 1 went down to my tea, between six and seven o'clock—my shop-door was fastened, the outer door into the street, and the door out of the shop into the passage—I left no one in the shop, it was not lighted—I had gone out between four and five o'clock to wait on a customer—I came back and locked the shop-door—no one can open it from the street, there is no key-hole—while I was at tea a knock came to the private door—my servant went to it and brought me down a message—in five or six minutes afterwards I heard a noise over my head in my shop—I sprang up-stairs as fast as I could, and saw John Sleigh leaving the passage—I pursued and caught him, fifteen or twenty yards off—when I got up-stairs, my shop-door, passage door, and private-door were all three open—the persons had entered the private-door, unlocked the door from the passage to the shop, and opened the shop-door—the private-door had one of Bramah's patent locks to it, which cost me two guineas—a key which John Sleigh threw away would open it—when I overtook John Sleigh I told him he had been in my shop—he said he had not, and endeavoured to get away—I told him if he got away I would forgive him—he said he would smash me—we struggled and fell—I got him up again, and dragged him towards my own door—the struggle continued perhaps three

or four minutes—I gave him into custody and returned to the shop—I found a strange bag in the shop, and two coats, and the other things of mine were in it—they had all been in the shop before, and were removed into the bag—I had seen them safe when I went to tea; also twenty pieces of cloth, waistcoats, trowsers, linen, cloth, and the other things stated, worth 7l. or 8l.

Cross-examined by MR. M. PRBNDEROAST. Q. You cannot say that John Sleigh threw away the key? A. He put his hand to his waistcoat-pocket, and put out his hand, and I heard the chink of something falling—this key was afterwards picked up about two yards off, or not so much—there was a gas-lamp opposite—I saw two keys picked up, a short distance from each other—I ran up—there was a second man in the shop—he struck the chair when I pursued John Sleigh.

HENRY SANTON . I live in Eaton-mews. On 6th Nov. I was going along Chapel-street, and saw John Sleigh running away, and Mr. Kennett after him—he took him by the back of the collar, and said, "Come back, you villain! you have been in my shop"—he said, "No, you are mistaken"—he went back with him a little while, and then tried to get away; but he did not—I saw him have his hand in his coat-pocket—I cannot say whether his other hand was in his waistcoat-pocket, or near it, he threw something away—I looked for it, and found two small keys—I gave them to Mr. Kennett—I did not put them with any other keys, I kept them in my hand.

CHARLES TUCKER (policeman, B 202). I was on duty, and found Mr. Kennett and John Sleigh struggling—Mr. Santon had these two keys in his hand—one of them easily unlocked the Bramah lock on the private-door.

ELIZA CROFT . I am housemaid to Mr. Kennett. On the evening of 6th Nov., at a little before seven o'clock, I heard a knock at the door—I went up and saw Charles Sleigh—he asked for some furniture that was to go to the dyer's—I told him I thought he had made a mistake—he said, "Is this No. 27?"—I said, "No, this is 37"—he went away, and I went down stairs—shortly afterwards I heard a noise up stairs—Mr. Kennett went up first, I followed him, and saw John Sleigh in his custody—on the previous day Charles Sleigh came to the private door, between eight and nine in the evening, and asked if he could see Mr. Kennett—I said he was not at home, and if he had any message, to leave it with me—he said, "No," and asked what time Mr. Kennett would be at home—I said he would be rather late, and he said he would call next morning, but he did not.

Cross-examined by MR. M. PRENDERGAST. Q. You will not say there was no furniture going to be dyed from No. 27? A, No.

Cross-examined by MR. COCKLE. Q. Where did you see Charles Sleigh afterwards? A. At the police-court; I described him to the policeman.

JAMES YOUNG . On 6th Nov. I was in Chapel-street, and saw Charles Sleigh looking down the area of No. 36, next door to Mr. Kennett's—he saw me looking at him, and crossed the road and looked down the area of No. 12—there were two other men there—Charles Sleigh walked past me—I stood at No. 15, and watched him—he went and looked down the area of No. 23—it was then from half-past six to twenty minutes to seven o'clock—he then turned down the mews to Chapel-place, and stood in the corner of the mews about three minutes—he moved from there, and went in the direction of Mr. Kennett's—J left, and went to see for a constable.

CHARLES CHINN (policeman, A 255). I was in the police-station when John Sleigh was brought in in custody—I was present at Westminster police station when he was locked up in the cell—he said, "I believe you saw me

last night?"—I said, "Yes—he said, "They make a mistake in me; I was with my brother and Jones"—he said his brother was a dyer, and lived in Castle-street—I inquired, and his brother did not live there—he was brought to the station—I went to look out, and saw Charles Sleigh outside talking to two women—I said, "Is your name Sleigh?"—he said, "No, it is not"—I said from his appearance I believed it was; I felt confident that it was—I said the charge against him was being concerned with his brother is a robbery at Mr. Kennett's—I asked him his address—he said he would talk to the Magistrate—he afterwards gave his address, 18, Cleveland-street—I went, and it was not there—I went to 18, Drummond-crescent, and found he lived there—he gave me a key which opened the door of a room there—one of the women afterwards applied to the Magistrate to have that key back again—I found four skeleton-keys and a latch-key in the room-Charles Sleigh made application for one of them.

MARGARET ALLEN . I live at 18, Drummond-crescent—Charles Sleigh occupies the first-floor back-room there.

CHARLES CHINN re-examined. That was the room I went into.

JOHN BOLD (policeman, G 374). I produce a certificate of Charles Sleigh's conviction—(read—George Jones, convicted Feb. 7, 1848, confined six month)—he is the man.

JEREMIAH LOCKERBY (policeman, G 180). I produce a certificate of Charles Sleigh's conviction—(read—Convicted March, 1847, confined three months)—he is the person.



Transported for Ten Years.

THIRD COURT.—Friday, November 30th, 1849.


Before Edward Bullock, Esq., and the Seventh Jury.

26th November 1849
Reference Numbert18491126-69a
VerdictGuilty > pleaded guilty

Related Material

69a. HENRY CARTER , stealing 4 handkerchiefs and 2 scarfs, value 1l. 8s.; the goods of John Finchett, his master: to which he pleaded

GUILTY .— Confined Six Months.

26th November 1849
Reference Numbert18491126-70
VerdictGuilty > pleaded guilty

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70. WILLIAM CARTER , stealing 1 shilling; the moneys of Walter Greig, his master: to which he pleaded

GUILTY . Aged 16.— Confined Eight Days. (Mr. Walker, an agent of the London Missionary Society, gave the prisoner a good character, and engaged to place him in a house under the care of the Ragged-school Union.)

26th November 1849
Reference Numbert18491126-71
VerdictGuilty > pleaded guilty

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71. JOHN JACKSON , stealing 1 pewter pot, value 1s., the goods of John Dymes; having been before convicted: to which he pleaded

GUILTY . Aged 26.— Confined Twelve Months.

26th November 1849
Reference Numbert18491126-72
VerdictGuilty > pleaded guilty

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72. JAMES GARDNER , stealing ¾ of a pint of brandy, value 2s. 6d., the goods of John Goulding, his master: to which he pleaded

GUILTY .† Aged 20.— Confined Twelve Months.

26th November 1849
Reference Numbert18491126-73
VerdictGuilty > pleaded guilty

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73. GEORGE KELLER , stealing 120 rabbit-skins, value 3l.: also, 96 rabbit-skins, value 2l. 8s.; also, 72 rabbit-skins, value 36s.; the goods of Andrew Dudenhofer, his master: to which he pleaded

GUILTY . Aged 30.— Confined Eight Months.

26th November 1849
Reference Numbert18491126-74
VerdictGuilty > pleaded guilty

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74. ELLEN LITTLEJOHN , stealing 2 books and 1 handkerchief, value 1s.; the goods of Henry Du Bochelt; 2 books, 2 night-gowns, and other articles, value 26s. 6d.; the goods of Henry Hutchings, her master: to which she pleaded GUILTY . Aged 19.— Confined Six Months.

26th November 1849
Reference Numbert18491126-75
VerdictGuilty > pleaded guilty

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75. THOMAS WINN , embezzling 1l. 14s.; also, 6 parts of watch-cases, value 3l.; the property of Augustin Moring, his master: to which he pleaded GUILTY . Aged 15; he received a good character, and a witness engaged to employ him.— Confined Fourteen Days.

26th November 1849
Reference Numbert18491126-76
VerdictGuilty > pleaded guilty

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76. PETER JOSEPH DALEY , stealing 2 half-crowns and 1 shilling; the moneys of John Horman, his master: to which he pleaded

GUILTY . Aged 16.— Confined Six Months.

26th November 1849
Reference Numbert18491126-77
VerdictGuilty > pleaded guilty

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77. CHARLES KENT , stealing 1 tin case, and 3 gallons of varnish, value 30s.; the goods of, Thomas Hough; having been before convicted: to which he pleaded GUILTY .** Aged 20.— Transported for Seven Years.

26th November 1849
Reference Numbert18491126-78
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceTransportation; Imprisonment

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78. THOMAS CONDON , WILLIAM BENTLEY , and ROBERT MURLESS , stealing 2 sovereigns, 2 bracelets, 1 watch-chain, 2 brooches, 4 keys, and 4 shirt-studs, value 27l.; the property of Eliza Helen Charnock Sandford: also, 1 spoon, value 1s.; the goods of John Sherrin, in his dwelling-house; Condon having been before convicted: to which

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

MR. PARNELL conducted the Prosecution. ELIZA HELEN CHARNOCK SANDFORD. On 31st Oct. I was living with my mother, Lady Sandford, at Mr. Sherrin's, of 26, Westbury-terrace, Eaton-square. My bed-room was on the top floor front—I was there about Ave o'clock in the afternoon, and my dressing-case was safe on the drawers—it had in it two bracelets, some rings, four little blue and gold studs, and a variety of articles—the key was on a bunch, which was on the drawers—my purse, with two sovereigns, was in one drawer—the window was then shot—there is a room behind mine—I do not know whether that window was shut or open—I went up again at ten o'clock, or a little after, and missed my dressing-case—my window was still shut, but the other was open—it must have been open all day, as there is a check which prevents its closing—I called Mrs. Sherrin—she found my dressing-case under the bed in the back-room, broken open, and all the articles gone—I missed the keys from the drawers, the purse, and a watch, and silver brooch—this is the key of my dressing-case, and this is my bracelet (produced)—I also missed a silver spoon from the wash-hand stand.

Cross-examined by MR. PRENDEROAST. Q. Did you open the dressing-case at five o'clock? A. No—I took some money out of the purse at five—the landlady and her husband, their servant, and my servant, lived in the house, and I had an invalid sister-in-law in the room directly below.

MR. PARNELL. Q. On leaving the room, you went immediately to your sister-in-law's room? A. Yes; she was ill in bed—I remained there till six, and then went down to the room under that, and remained there till about a quarter-past seven, when I went up to her room again, and stayed there till ten.

FRANCES SHERRIN . I am the wife of John Sherrin, of 26, Westbury-place; it is his dwelling-house, and in the parish of St. George Hanover-square. On 31st Oct., Miss Sandford called me up, and I found her dressing-case under the bed, in the back-room—the window had been open all day—I missed a silver spoon from a tumbler in Miss Sandford's room.

JULIA MURPHY . I am single. On 31st Oct. I had been living with Condon for a week, at 10, Duck-lane, Westminster—before that I lived at home with my mother—I know all the prisoners well—I knew them by sight before 31st Oct.—about eight o'clock that evening 1 was at 10, Duck-lane—Murless called for Condon about five, and they went out together, and I saw them at the White Horse a few minutes afterwards—Condon said to me, in presence of the other two, tint he was coming home to his tea directly, but he thought he had not time, because the three of them were going somewhere, and they were obliged to be there soon—I saw them again between seven and eight, at the White Horse, and saw Condon give the landlady 30s. in front of the bar—I stayed with them ten minutes, and had conversation with them about different things, but 1 did not understand their language-Bentley said to Condon and Murless, "If we get off every night as we have to-night, we shall soon get on"—I went to 10, Duck-lane, and at about half-past eight went to the White Horse, and saw them again in the tap-room—Bentley was counting out some sovereigns to Murless and Condon; he gave some to each—a lot of young men were there—I stayed about an hour, and then went back to Duck-lane—about two in the morning I went to search for Condon, and found them at a public-house in Tothill-street, drinking and singing—I asked Condon if he was coming home; he told me to mind my own business, and go home, and I left—I saw him about an hour afterwards, but did not see Bentley and Murless till half-past nine next morning, when they came to see Condon—Bentley said, "Tom, you are a long time; we want to get some more money from Bill; what he could not give us last night"—I do not know who Bill is—they all went out together, and returned about ten—I went out with Condon to buy a suit of clothes, and did not see them again till the evening—they kept me in the dark all along—about seven next morning, Condon gave me this bracelet; he did not say how he came by it—I had seen Bentley give it him on the night of the robbery, at the White Horse, between half-past seven and eight—he also gave me four shirt-studs, blue on one side, and imitation gold on the other—I gave them and the bracelet to my landlady, to mind—I had a quarrel with Condon, and left him two days after, and returned to my mother—I went to the police on the Wednesday afterwards, and gave them the bracelet, which I got from the landlady—I have not got the studs back.

Cross-examined by MR. PRENDERGAST. Q. IS the landlady here? A. No; I have not seen her since I left—I had a child about eighteen months ago by Michael Gaffin—there was no discussion between us about keeping it; it was born dead—I only knew Condon a month—I lived with him a week and two days—he was hard at work at thieving all the time, but I did not know it—he told me he was a working chap—I did not inquire what trade he worked at—I have been here, but not for felony; it was a mistake; I had fourteen days—I cannot say I was convicted; I only went back to Newgate for one day afterwards—it was about three pints of milk and six shillings—I never was in prison before—I do not know a girl named Castellan—I know nothing about a ring being stolen—I lived with policeman Bryan for safety from the mob a week last Friday—I have a father and mother; they cannot protect me from the mob; they live about three hundred yards from Bryan; they keep me—I was not Jiving with my mother unknown to my father for some time—my father took me home after my lying-in at the workhouse.

Cross-examined by MR. PAYNE. Q. Did you push open the door at the

White Horse and see Bentley counting the money? A. Yes, I peeped in to see whether Condon was there—I got a black eye from him.

MR. PARNELL. Q. That was when you quarrelled? A. Yes; Condon's father lived close to my father—I complained to Inspector Lund that 1 was in danger of my life, going in and out, by Condon and Bentley's friends—the policeman I lived with is married, and I was put under the charge of his wife—when I was here about the milk, I was discharged at the end of the session; the jury gave a verdict of "Not guilty."

MARK LOOME (policeman). On Wednesday evening, 31st Oct., I saw the prisoners together, about six o'clock, in Victoria-row, Pimlico—that was their direct way from the White Horse in Orchard-street to Westbury-place—they all ran—Conolly went away through Victoria-square—I saw no more of them that night—on 8th Nov. I and Inspector Lund took them at the White Horse—I told them the charge—they said they knew nothing about it—I found a small file and a hook at Bentley's lodging—on the morning after the robbery I examined the premises, and found au empty house four doors off No. 22—I found the mortar on the parapet knocked off between No. 22 and No. 26—I got along there, and got in that way.

Cross-examined by MR. PAYNE. Q. IS not it three quarters of a mile from where you saw the prisoners to Westbury-terrace? A, Yes.

Cross-examined by MR. PRENDEROAST. Q. How often have you deposed to seeing people together just before a robbery? A. Two or three times—I gave the same sort of evidence on Wednesday—I first saw Julia Murphy on the 8th at her mother's house—I have seen her about with her mother—she lives within five minutes' walk of the station.

MR. PARNELL. Q. How long have you been in the police? A. Seven years—such cases as this are not generally committed by one thief, but by two or three together.

JOHN LUND (police-inspector, A). I was with Loome when he took the prisoners—I searched Condon and found this key (produced) on him—it fits the dressing-case—Murphy brought me this bracelet on the morning of the 8th, the first time I saw her—she brought me the information, I did not go to her—I gave Bryan directions about her.

SAMUEL Bay AN (policeman, A). Julia Murphy has been lodging under the charge of my wife for the last few days by the inspector's direction. BENTLEY[and] MURLESS— GUILTY .* Aged 20 Aged 44.

Confined Twelve Months.

Before Mr. Common Serjeant

26th November 1849
Reference Numbert18491126-79
VerdictGuilty > unknown

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79. CATHERINE DONOGHUE , stealing 1 yard of damask, 1 yard of chintz, 1 wrapper, and other articles, value 3s. 2d.; the goods of Edward William Brayley, her master.

EMILY FORD . I reside with my sister and her husband, Edward William Brayley; the prisoner was in their service. On 14th Nov. I lost some damask, chintz, calico, and a wrapper—I spoke to the prisoner, and she denied knowing anything about them—her box was then searched in my presence, and the things found there—they belong to Mr. Brayley.

Prisoner's Defence. I brought them from my own country; the wrapper docs not belong to Mr. Brayley.

GUILTY . Aged 23.— Confined Three Months

26th November 1849
Reference Numbert18491126-80
VerdictGuilty > unknown

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80. HENRY CHAMP , embezzling 3l., the moneys of Mary Ann Jemraett and another, his mistresses. MARY ANN JEMMETT.

I keep a beer-shop, No. 11, High-street, PortlandTown, and have a partner, Lucia White. On Saturday, 3rd Nov., I gave the prisoner a 5l.-note and two sovereigns to get silver for—he went out, and returned with 4l. worth of silver—I sent him for the rest, and he never came hack—I have not seen the money since.

JOHN BALDOCK (policeman, S 304). I took the prisoner, and he said he lost the three sovereigns.

Prisoner's Defence. I missed the money out of my pocket and did not like to go hack. GUILTY . Aged 19.— Confined Three Months.

26th November 1849
Reference Numbert18491126-81
VerdictNot Guilty > unknown

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81. THOMAS PHILLIPS , FREDERICK GAZELEY , and GEORGE WILLIAM BUNNEY , stealing 1 handkerchief, value 3s.; the goods of James Maddan, from his person.

FRANK GOODCHILD (policeman, F 113). On 29th Oct. I was on duty in Holborn, and saw the three prisoners together come out of Little Turnstile—when they got into Holborn, Phillips went first and the others followed close behind—I knew them, and followed them—they followed Mr. Maddan—I watched and saw Phillips take this handkerchief (produced) out of Mr. Maddan's pocket and pass it to Bunney—I ran up and seized Phillips, and told Mr. Maddan he had lost his handkerchief—Bunney then chucked the handkerchief away, and he and Gazeley passed up Holborn—I am sure the prisoners are the persons.

Cross-examined by MR. BALLANTINE. Q. Did Phillips once knock down a man of your division? A. I believe he has been in custody for that—I cannot say how long ago it is—I was not present, I do not know what it was for—I have kept my eye on him ever since—the handkerchief was found close to Mr. Maddan's feet—I cannot say whether any one else saw Phillips pick the pocket—I was in uniform, and was about a yard and a half off.

Cross-examined by MR. PRENDERGAST. Q. What did Bunney do? A. He chucked the handkerchief towards the gentleman, and it fell at his feet—he did not pick it up off the ground and give it to the gentleman—I saw Phillips give it him—I do not think they saw me; they were too busily engaged—they knew me—they did not nod to me—Bunney and Gazeley were covering Phillips—I do not know whether they were looking at me—it was nearly opposite Day and Martin's, and there were three or four large gas-burners—the shops are generally open there till ten o'clock—I was not bid in a door-way—the prisoners did not know my beat—I was only on that beat that night—I have been in the, F division eight years—I did not call "Stop thief!" when Gazeley and Bunney went—they went away up Holborn—I cannot say whether they ran—I did not take any steps at the moment to have them stopped, I knew where to get them—I took Phillips to the station a few minutes before ten, charged him, and went and apprehended the other two at the York Arms public-house, in Little Shire-lane, and they were locked up before half-past ten—of course they saw me apprehend Phillips.

JURY. Q. How far were they from Phillips? A. About one pace.

JAMES MADDAN . On 29th Oct., about half-past nine, I was coming along Holborn—I had had a handkerchief in my pocket before—I received information from the officer, looked, and found it gone—it was afterwards given me at the police-station—this is it.

Cross-examined by MR. BALLANTINE. Q. Who told you you had bad your pocket picked? A. A voice said, "You have lost your handkerchief"—I turned, and the policeman had Phillips in custody—I then saw the handkerchief lying on the ground close to me—I did not take notice whether it

was under a gas-light or not—my handkerchief was in my coat pocket behind, where I generally carry it.

Cross-examined by MR. PRENDEROAST. Q. Was not the handkerchief thrown against your breast? A. I did not see it; perhaps in turning round it might have come against my side, and I not see it—if a handkerchief was thrown at my breast I think 1 should see it—I was going down Holborn to Thaviet-inn, where I reside—this happened at a court which leads into Queen-street from Holborn—I do not know the name of it—I am a stranger in London.

JURY. Q. Who did you see in custody? A. Phillips; the policeman said, "This is the man"—I did not see the others. (Phillips received an excellent character.)

MR. PRENDEROAST called, JOHN KIRBY. I am a stout and ale-merchant, at 58, Greek-street, Soho. I was present at the York Arms when Gazeley and Bunney were apprehended—they bad then been there nearly two hours, and had not left it—I am quite positive of that.

JURY. Q. Were they in the habit of visiting the house? A. Tea; frequently—Bunney has driven me home in his cab from there, three or four times—the house is very much frequented by cabmen—I serve the house sometimes.

WILLIAM YOUNO . I am a cabinet-maker. I was at the York Arms when Gazeley and Bunney were apprehended—I had seen them there from half-past seven o'clock till they were taken; I saw them taken.

COURT. Q. Did you go before the Magistrate next day and explain it? A. No; I did not know what it was for, until the' next evening—they were taken before the Magistrate that day, Tuesday, and remanded to the Thursday—I was in court on the Thursday, ready to give my evidence—Mr. Jardine said he could not entertain an alibi at all—no alibi was attempted to be set up at that time, I did not understand so—it was mentioned, but Mr. Jardine said it was to go before the Sessions. NOT GUILTY .

26th November 1849
Reference Numbert18491126-82
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Transportation

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82. JOHN HARRIS and JOHN CONNELL , stealing 85 lbs. weight of lead, value 13s.; the goods of Henry Davis, fixed to a building: Harris having been before convicted.

HENRY DAVIS . I am a plumber and glazier, at 166, Sloane-street, and have a workshop at 163. In consequence of information, I went to the premises at the buck of No. 163, and missed a portion of the lead from the roof—the police produced some lead to me which fitted—I have no doubt it is mine.

JOHN FARRA (policeman, B 249.) I produced the lead to Davis—I was on duty in Sloane-terrace, and saw Harris with the lead in a basket—I did not then see Connell—I afterwards saw Doran stop him—I asked Harris what he had in the basket—he said, "Zinc"—I looked at it, and said it was lead—I took it from him, and took him into custody.

DANIEL DORAN (policeman, B 259.) On the 17th, about half-past eleven o'clock in the evening, I saw the prisoners, talking under a dark railing, in Sloane-street, about three hundred yards from where the lead was loat—I heard Harris say, "Give me a lift with the basket"—Connell lifted it on to his shoulder, and then crossed the road—I followed Harris down Sloane-street—he dropped the basket, and sung out, "Jack! give me a lift;" he did so, and left again, and they went on—I kept Harris in view—he cried, "Jack" again, three times, and Connell went over again, and put it on his

shoulder—Connell then crossed back again, and I saw him very plainly under a lamp, at the corner of Sloane-terrace, where Farra stopped Harris—I went up to him and questioned him, and Connell escaped—I searched Harris, and found a knife on him—he said, "I am not going to be let into it"—I went in search of Connell, and found him in Hooper's-court, Knightsbridge, and took him; it was sheet-lead, and very heavy, 85lbs.

JAMES PAGE (policeman, B 147). I produce a certificate—(read—John Harris Convicted July, 1848, and confined twelve months)—Harris is the person: he pleaded guilty.

JOHN CONNELL— GUILTY .† Aged 22.— Confined Three Months ,

JOHN HARRIS— GUILTY .†. Aged 26.— Transported for Seven Years ,

26th November 1849
Reference Numbert18491126-83
VerdictGuilty > unknown

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83. WILLIAM RYAN , stealing 241bs. weight of cheese, value 17s.; the goods of, Emma Biddlecombe: having been before convicted.

SARAH ANN SHIRLEY . I live with my sister, Emma Biddlecombe, at 13, Prince's-street—she keeps a shop—this cheese belongs to her.

Cross-examined by MR. PAYNE. Q. Is she single? A. Yes; she carries on the business, not my husband—the cheese was brought back by the policeman a few minutes after it was stolen, and it fitted to a piece we had in the shop, and which is here; it had not been sold—my sister and I were in the shop, but did not see it stolen.

CHARLES WALKER (police-sergeant). About nine o'clock on this morning I was in Princes-street, and saw a person not in custody, go into the shop and bring out the cheese; the prisoner immediately received it—he was not above one pace from the shop—they both came up Princes-street, about twenty yards—I had my little girl with me—I put her into a house, returned, and met the prisoner at the corner of the street with the cheese, and took him.

Cross-examined. Q. How long were you. away? A. Not more than half-a-minute; he threw it down when I took him—I took him back to the shop—I was in plain clothes.

WILLIAM MILLEBMAN (policeman, B 95.) I produce a certificate of the prisoner's conviction—(read—Convicted April, 1847, at Clerkenwell, for stealing calico, confined six months, six weeks solitary)—he in the person.

Cross-examined by MR. PAYNE. Q. IS this true—(reading the witness's deposition)—"The prisoner was tried at the Central Criminal Court, in March, 1847, for stealing a quantity of shirts, and confined six months;" signed, "William Millerman?" A. No; it is not true—I swore it.

COURT. Q. Was it a mistake? A. Yes; it was put down in our books, Old Bailey, instead of Clerkenwell—I know the prisoner perfectly well—I recollect the conviction, and have had him since.

GUILTY . Aged 18.— Confined One Year.

26th November 1849
Reference Numbert18491126-84
VerdictGuilty > with recommendation

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84. JAMES WOOD , stealing an order for the payment of 351., of William George Ives Bosanquet: other Counts, for stealing and embezzling 7 bl Bank of England notes.

MESSRS. HUDDLESTON and PARNELL conducted the Prosecution.

WILLIAM GEORGE IVES BOSANQUET . I reside at Brighton. In July and Aug., 1848, I was living at 34, Charles-street, May-fair, and frequently employed the prisoner to run on errands—I sent him to my bankers five or six times, and he brought back the parcels punctually—on 19th Aug., 1848, I wrote a check for 35l., inclosed it in a sealed envelope, gave it to the butler, and desired him to give it to the prisoner—I expected to receive the, 35l. in notes—the prisoner did not return, and I did not see him again till

the other day in Brighton, when I secured him with the assistance of a friend.

GERVASIO PERSENZINI (the prosecutor interpreted the evidence of this wit-ness.) I am butler to last witness, and was so in Aug., 1848. I recollect his ring me a sealed note, directed to Messrs. Bosanquet, the bankers, on 19th I gave it to the prisoner—I told him to carry it to the bankers, and he must be quick, as it required an answer immediately—I gave him 1s., which I gave every time he went to the City—I never saw him again till he was given to custody.

WALTER HENRY DEAN . I am clerk to Messrs. Bosanquets', of Lombard-set. On 19th Aug. 1848, the prisoner came there with a sealed parcel, containing a check for 35l.—I put seven 5l.-notes into an envelope, and have I numbers of them—the two now produced are two of them.

WILLIAM DAWSON . I am a licensed victualler, of Rotherhithe, and know prisoner. About Aug. twelve months be brought me a 5l.-note, in pay-ment for some liquor—I gave him the change—I cannot say whether one of se notes is the one—I paid it to my distillers, Seager and Evans.

Prisoner. Q. What time did I give you the note? A. Between five and o'clock in the evening; it was twilight—I knew you before—I never taw you from that time till I saw you at the Mansion-house—I do not recollect seeing you one day at my house, between twelve and one, and your asking me to let you have a pint of beer on trust.

WILLIAM ABRAHAM COUSINS . I am a clerk to Seager and Evans. This note, No. 97787, has been through my hands—I got it from the last witness, on 25th Oct., 1848.

HENRY DEAN re-examined. This is one of the notes I paid. GUILTY . Aged 27.—Recommended to mercy by the Prosecutor.— Confined Four Months.

26th November 1849
Reference Numbert18491126-85
VerdictGuilty > with recommendation

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85. WILLIAM BISCHOFT , stealing 42 squirrel-tails, value 2s. 3d.; the goods of Geirert Priggen, his master.

GEIRERT PRIGOEN (through an interpreter). I am a furrier; the prisoner was in my service—I missed a quantity of squirrel-tails; I charged the prisoner with stealing them—he ran away to a water-closet; I went after him, searched him, and found the tails in his pocket.

Cross-examined by MR. ROBINSON. Q. Did not he tell you to send for a policeman? A. Yes; tails are very often lying about the house, up and down stairs—I never told him, if he found any, to put them in his pocket.

GEORGE SWAN (policeman, K 205). I took the prisoner, and received the tails from the prosecutor.

(The prisoner received a good character).

GUILTY . Aged 30.—Recommended to mercy by the Prosecutor and Jury.— Confined Three Months.

OLD COURT.—Saturday, December 1st, 1849.


Before Edward Bullock, Esq., and the Second Jury.

26th November 1849
Reference Numbert18491126-86
VerdictGuilty > pleaded guilty

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86. CHARLES DAVIS , stealing 1s.; the moneys of William Joshua Hollebone, his master: to which he pleaded GUILTY . Aged 20.— Confined Two Months.

(The prisoner received a good character.)

Before Mr. Justice Cresswell.

26th November 1849
Reference Numbert18491126-87
VerdictGuilty > pleaded guilty; Guilty > with recommendation
SentenceTransportation; Imprisonment

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87. JOSEPH HADLEY RIDDELL , and WILLIAM MOORE ECLIPSE RIDDELL , were again indicted (see page 72) for stealing a quantity of battens, deals, and iron brackets; the goods of Edmund Pontifex and another, their masters: to which

JOSEPH HADLEY RIDDELL pleaded— GUILTY . Aged 34.— Transported for Seven Years.

MESSRS. CLARKSON and PARRY conducted the Prosecution,

WILLIAM SPRIGGS . I am a carpenter, in the employment of Messrs, Pontifex, and have been so five or six years, at a lead and chemical factory at Millwall—Joseph Riddell was the manager; I received my directions from him—William Riddell was employed there; I do not know what as—he was in the habit of giving me directions in his brother's absence, which I obeyed, without referring to Joseph—about July or Aug., 1848, the prisoners resided in Birnie-street, Greenwich—they had previously resided at the factory it Millwall—about July or Aug., 1848, I was employed in making and fitting-up a green-house with Harrison and Miller—Joseph Riddell first gave me directions about it; William was not present—in consequence of those directions I prepared a plan and estimate, and about a fortnight after set about making it—I cannot say whether William Riddell spoke to me about it before I set about making it—I made it up of some deals that came in the yard—they were brought in during the time—they were not there previously—I was ordered to select what I wanted from that sample that came in, and to give Mr. Joseph an account of them—those deals were brought in for die general purposes of the factory—I selected about ten twenty-feet deals, and ten twentv-feet battens—the deals were worth about 50s. and the battens perhaps 355.—I had to order two sawyers to cut them into the requisite thickness—the deals were about nine inches wide and three inches thick, and the battens seven inches wide and two and a half thick—I then began to work on them, alone in the first instance, in the carpenters' shop in the factory—while I was working on them William Riddell saw them—Harrison commenced working at them; it might have been the following day—William Riddell frequently saw me and Harrison working at them—I received directions from both the prisoners on the subject at different times—some window-sashes were made for the green-house, about nine in front, and fourteen sky-lights; and rafters and doors besides—perhaps I might be occupied about ten or twelve days in preparing those sashes, and Harrison perhaps rather more—during those twelve days William Riddell came frequently—it was their habit to visit us daily—it is not to be considered as twelve successive days, because there were other things to attend to—when the work was completed we took it over to Greenwich—I believe it was Mr. William who principally directed us to take the things over—Harrison and I took them—we were occupied about fourteen days, or thereabouts, in fitting up the green-house at Greenwich—William Riddell was there every day, and Joseph also—I received directions from William as well as Joseph, in reference to the fittings-up—the value of the green-house, when completed, was between 19l. and 20l.—I received my wages the whole of the time in the usual way in the counting-house, from Mr. Jones—William Riddell was not in the habit of being present when I received my wages; he might have been there at times, but he took no part in it—some iron brackets were necessary for putting up the green-house; that was for the internal fittings—I think Mr. William gave me directions to order Upstill, the smith, to make them—he made them in the

smiths'shop, at Millwall, from the iron on the premises—I received them from him when they were made—the prisoners saw me putting tip the brackets at Greenwich—the valne of the brackets might be about 8l.

Cross-examined by MR. BALLANTINE. Q. Were the brackets taken from the premises at the same time with the deals? A. No; I am still in Messrs. Pontifex's employment—I have had no warning to leave—the deals came into stock after the estimate was made—I cannot tell where they came from—I saw them when they were in—I do not think there were deals enough in stock before they came to have been employed on the green-house—I have used those deals for the general purposes of the factory, under Joseph Riddell's direction, on the premises—no deals were pointed out to me as being deals belonging to Joseph Riddell—I do not know who ordered the stores—this was a manufactory for chemical purposes—previous to going to Birnie-strect the prisoners lived on the premises—I am not aware that the deals in stock were applied for any repairs to the rooms they occupied en the premises—I believe they both attended every day, unless sickness prevented them—they were there on Sundays—William Riddell was ill at different times—a quantity of paint and other things are used in the factory—I do not remember receiving any directions from William with reference to the deals for the green-house—he frequently saw roe at work on the green-house; he might have given orders about it; I cannot swear that he did—the plan was prepared, and there was no variation from it.

JOHN HARRISON . I am a carpenter, in the employment of Messrs. Pontifex, at their manufactory, at Mill wall, and was so in July, 1848—I was engaged in preparing the green-house, and afterwards in fitting it up at Greenwich—I was engaged about fourteen days in preparing it, and fourteen or fifteen days in working on it at Greenwich—I first received directions from Spriggs about it—the deals and battens were then prepared—the prisoners were in the habit of coming in to the carpenters' shop, sometimes together, sometimes alone, while we were working—a roan named Miller was also employed at it—William Riddell did not give me any directions—I went with the green-house to Greenwich on the day it was taken—William Riddell was at times present while I was fitting it up at Greenwich, and Joseph also—William gave me no orders or directions about it while I was fitting it up—Spriggs was the foreman of the carpenters, I received my orders from him—I never heard William Riddell give Spriggs orders, neither at Millwall or Greenwich—Mr. Jones paid me my wages during this time—I have since seen the materials that I fitted up at Greenwich—some of them are here.

Cross-examined. Q. Are you still in the employment of Messrs. Pontifex f A. Yes; I did not give any information to Messrs. Pontifex while this work was going on—I had no suspicion whatever.

HENRY MILLER . I was employed in July and August, 1848, by Messrs. Pontifex, as a carpenter, at Millwall—Spriggs engaged me, and I worked under his direction.

WILLIAM UPSTILL . I am an engine-driver, in the employment of Messrs. Pontifex. About July, 1848, 1 made some iron brackets—William Riddell told me that Spriggs wanted some made, and I made them under his orders—I have no recollection of William Riddell giving me any measurement of them—I then acted under Spriggs's orders, and made the brackets—I cannot state how long I was employed upon them, for I had other work to attend to—the prisoners might have seen me at work on them, but not that I am aware of.

WILLIAM HINDS . I was foreman at the lead-factory at Millwall. On

3rd Aug. last the prisoners came to me, and said they had heard that I bad spoken disrespectfully of them, and through that we must part—they both spoke to me—Mr. Joseph spoke first—they said I had said they had been robbing their masters to a great extent—Joseph said he had written to Mr. Pontifex, and it was Mr. Pontifex's wish that I should be discharged forthwith—I denied having said that they had robbed their masters—they said two or three had told them the same, and therefore they must believe it—I said no more—I was discharged by them at that time—Joseph paid me my wages that evening; William was present—after paying me, Joseph said, if I wished for any personal reference at any time, he would give it—I gave up my keys on that occasion to Mr. William—he said he always wished to return good for evil, and if I wished for any personal reference, or anything they could potsibly do for me, they would do so—I afterwards went to Shoe-lane to see Mr. Pontifex, but was unable to do so—I received a character from Joseph Riddell, on 10th Aug.—I afterwards saw Mr. Pontifex.

Cross-examined, Q, Did you know anything of the removal of the deals of which this green-house was formed? A. No; I saw them at work upon the green-house—I did not know whether they were employed properly or improperly.

CHARLES JONES . I am clerk and cashier to Messrs. Pontifex—I am prin-cipally employed at their copper factory in Shoe-lane. It was always my duty to pay the wages of the men employed in the factory at Millwall—the time-book was sent up every Saturday morning, with the account of the men's time in it reckoned out against each man, and placed to it the amount of money he ought to receive—it was put into bags by the person appointed at-Shoe-lane—the whole was given to me—I took it down to Millwall, and gave to each man and woman the amount coming to them as I received it—I always paid the wages at Millwall out of Messrs. Pontifex's money—I never received a farthing from the prisoners to pay wages with—I always went down to Millwall myself—Mr. Joseph was generally in the counting-house when I paid the wages—Mr. William's duties were very numerous; his principal duty was to attend to the women, in the white-lead works.

Cross-examined, Q, Was William very constantly there? A, I beliew always—I always considered he attended very assiduously to the works that were going on—I was never there on a Sunday—after a time his health suffered very much indeed.

EDMUND PONTIFEX . I am partner with my brother in the copper-worki at Shoe-lane, and the factory at Millwall—Joseph Riddell was appointed our manager, about 1843; after that he requested the assistance of his brother William, and we permitted it—William had no particular duties, but was to give general assistance to his brother—he received a salary; he was a kind of joint-manager with his brother—I think William came into the employment very shortly after Joseph—I have given instructions to William in reference to his duties both in the presence of his brother and separately—I have re-peatedly given William instructions as well as Joseph, that not a single thing should go off the premises at any time without express orders from Shoe-Jane—we had generally a stock of timber in use at the factory—I gave no instructions to either of the prisoners in July or Aug. 1848, to use timber for the erection of a green-house at their house at Greenwich, neither of them told me they had done so—I received a letter from Joseph on or about 3rd Aug. last—this is it (produced)—I had received no information from either of them about the timber before that—I never received any communication

from William, and, except this letter, I never had any communication from Joseph—I had not given Joseph authority to discharge Hinds—I was constantly in the habit of seeing Joseph—about 15th Sept. last, in consequence of some information I received, I had an interview with Joseph—William was not present at that interview—I had prior to that given both the prisoners notice to leave—they had first given me notice—William and Joseph were always one and the same—William did not give me any notice either in writing or by word of mouth; what was done with one was done with the other—my communications were with Joseph, and frequently with William together, constantly, they were together at the works.

Q. In reference to their being discharged, had you any communication with Joseph and William? A. I believe they were both together frequently and talking about it—after they first gave me notice they wished to retract it, and earnestly wished me to continue them—that was about April or May last—I told them that I had not felt satisfied with the repeated charges that had been made against them, and their whole conduct whilst they were with us, and therefore, 1 could not allow them to retract it; and in July, a Mr. Durdon came in the place of Joseph Riddell—I have seen William Riddell's hand-writing very often (looking at a book)—I have no doubt whatever that the whole of this is his writing, and this also (looking at another).

Cross-examined. Q. If I understand you aright, you authorized Joseph to take his brother into the concern? A. I did; I cannot recollect whether I had any direct communication with William until he had been hired by his brother—it is six years ago; I cannot recollect either one way or the other—he had thirty shillings a week—Joseph had at first 150l. a year, then 500l., then 250l.—the operations were not very extensive—in the course of five years, 100,000l. worth of stock passed through their hands, lead, and a variety of things—the deals that were brought on the premises were for repairs of the factory, making utensils for the factory, boards for the white-lead works, and for a variety of purposes attaching to the place—we have a variety of timber-merchants—we paid them at Shoe-lane—we no doubt bought them cheaper than a small consumer would—sometimes they were sent direct to Millwall by the timber-merchant, and sometimes a barge has been sent—Joseph was allowed to occupy some portion of our premises, and William with him—the permission was originally given to Joseph—I do not think he occupied the premises at first, but I cannot charge my memory—it was a very short time after, as soon as the rooms could be got ready.

COURT. Q. What interval of time was there between Joseph's first commencing the superintendence and William's coming to his assistance? A, I cannot charge my memory with that, but I think only a very short time—I think he very soon introduced his brother—I do not think it was so much as three months; as far as my recollection goes I should say between three and four weeks, but I cannot recollect at this distance of time one way or the other—Joseph had no authority to order any stores into the factory—I believe he has frequently done it, for which we have sent reprimands down to him, prohibiting him from doing so—he was authorized to order some little tubs, but never deals and battens.

JOSEPH HEDINGTON (City policeman, No, 20). I apprehended Joseph Riddell on 15th Sept. last, and William on the 18th, in Birnie-street, Greenwich—I told William I was an officer, that he was charged with his brother with stealing sixteen sacks and a half of coke, a quantity of wood, a quantity of tartar, and other goods; the property of Messrs. Pontifex—I am not quite

clear whether I used the word "wood,' I think I did—he said it was a bad job—I searched the house at Greenwich, and found the green-house there, the materials of which have been removed, a portion of them are outside—I found these two books in the house—I went to the flour-sack factory, at Lee; that was on the 15th, after apprehending Joseph—I went to the house is Birnie-street, and saw William; that was previous to my taking him into custody—I then told him that his brother was in custody on a charge of robbery, and I said I must search the place—I then brought away a quantity of papers—I asked him if they had a factory at Lee—he said they bad—I asked him who I should find in charge of it—he said a man named Godwin, and he directed me where to find it—I asked him to give me up all the books and papers that he had relative to the factory at Lee, and he gave me these among some others—(These books were headed "J. H. and W. M. E. Riddell."

EDMUND PONTIFIZ re-examined. Until the policeman found these books I was not aware that the prisoners were carrying on a factory at Lee—they had no right, as my servants, to carry on an independent business without my knowledge.

(Richard Beck, optician, of 6, Coventry-street, and William Fawcett, timber-merchant, of Mill wall, deposed (together with the witnesses examined in the last case) to the prisoners' good character.)

WILLIAM RIDDELL— GUILTY . Aged 29.—Recommended to mercy by the Prosecutor.— Confined Twelve Months.

(The prosecutor stated that his loss was considerably above 1000l.)

Before Mr. Baron Alderson.

26th November 1849
Reference Numbert18491126-88
VerdictGuilty > pleaded guilty

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88. JAMES STIRLAND , feloniously forging an acceptance to a bill of exchange for 360l., with intent to defraud Thomas William Davies: to which he pleaded

GUILTY . Aged 25; he received an excellent character, and was recommended to mercy by the Prosecutor.— Confined Two Years.

26th November 1849
Reference Numbert18491126-89
VerdictGuilty > with recommendation

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89. CHARLES CORBY , feloniously cutting and wounding Mary Noble, on her neck and throat, with intent to murder her.

MR. COOPER conducted the Prosecution.

MARY NOBLE . I am single; the prisoner had been paying his addresses to me for three years—on 1st Aug. I went to live with him, at 25, Baltic-street, St. Luke's, and lived with him as his wife until 1st Nov.—we were going to get married; I have no doubt he would have married me—on Wednesday, 31st Oct., I had a quarrel with him; I do not recollect what it was about; it was a very foolish thing, hardly anything to speak of—when I have been quarrelling with him I have said I would leave him—he wanted to make it up, and my temper was so great that I would not—next day he wanted to be friends, but I would not—we quarrelled again; we got to high words, and to fighting—I went to the next room, till bis temper was over, and till my own was over, and after his temper was over he said, "Mary, come in to tea; "and wanted to make it up with me, and I would not—he said, "Don't be saucy at all; I want to make friends"—I said, "No; you have called me names which hurt me very much"—I attempted to go out, and he said, "It is of no use; you shall not go out"—that night I went away to 28, Ironmonger-street, where I lodged before I lived with him—he had a great objection to my going there, and I had promised him that I never would—next morning, about nine o'clock, I went to his brother-in-law's, James Lee, a cap-maker—I was in the upper

room, cap-makfng, about ten o'clock, and the prisoner came up-stairs to where I was sitting—I went down-stairs; be followed mo, and wished to know where I bad spent the night—I would not tell him for dome time—he said, "If you will tell me the truth I will forgive you; I will look over it"—I said I had been at my landlady's, No. 28—he said, "After I have cautioned you to many times never to go"—I said, Yes; and I had better be there, or anywhere, than at home with you quarrelling"—he said, "I suppose you have been there many a time, unbeknown to me, and have got some one there unknown to me"—I told him no; it was quite wrong, and said I knew he liked me very much, and I did him; and rather than we should have words, as we have hod these last two days, I bad rather part—I did not intend, for a moment, to leave him; I was too fond of him; but I thought it would teach him better for a future time; that was all the conversation—I then went up-stairs, and he came up after me, and began to be in a good humour, and wanted to make friends with me, and asked me whether I would dome home to dinner—I told him I would not—he asked me to come home to tea, and I said, "No, I don't know that I shall come home any more"—he got up, and looked very hard at me, at if his heart would burst, and said, "I hope you and I will be in Heaven before long," and went away with his brother-in-law, James Lee, who was there with several men—I went on Working—in an hour and a half, or two hours, the prisoner returned, came up-stairs, and fixed his eyes on me—I felt an alarm, and said, "Oh, Charley, what have you been doing!"—I thought he had been doing something wrong, and pulled him towards roe, and kissed biro, and I thought he was returning the kiss, and then he cut my throat—nobody else was near enough to touch me—Louisa and James Lee, his sister and brother-in-law, were in the room—I flung myself from him, and said, "Oh, Charley, now you will have to be hung for this," and shrieked a little—he said, "I can't help it, Mary; I do sincerely love you, and I do not sham it; if I cannot marry you, no one else shall"—I ran down stairs—he is a watchmaker, apprenticed to his father, and is not twenty-one yet.

JAMES LEE . I am a cap-maker, and am the prisoner's brother-in-law, and live at 8, Prospect-place, St. Luke's. On 1st Nov. I was in the upper room, where Mary Noble and other young people were at work—when the prisoner came up the second time he looked in a very wild state—I said, "Charley, what is the matter with you?"—he made no reply whatever—his hands were one in one coat-pocket, and one in the other—he stood against the fire-place—Mary Noble said, "Charley, what is the matter with you?" and went to him, and laid hold of him—he seemed to lean forward towards her, and took his left hand out of his pocket, and placed it against her head—she leaned back, and I thought he was in the act of kissing her—I did not see anything further, but heard her scream—I turned round, caught him by the arm, and took a razor out of his hand—Mary Noble ran across the room, and left the' room—I stopped with the prisoner till the police came—I gave the razor to my daughter.

Crou-examingd by MR. PAYNE. Q. Did he look very wild about the eyes when he came into the room? A. Yes; he stood in the room about a minute, or two minutes at the outside, before he went towards her—he did not attempt to get the razor from me, or to escape—he said he did not know what he had been about, and he was very sorry.

LOUISA LEE . I am the daughter of the last witness. On 1st Nov. I was at work in the up-stairs room—Mary Noble came there to work—she had not been

there long, before the prisoner came—it was then half-past eight o'clock—I did not hear him speak to her—she went down, and he followed her—I remained up-stairs—she came back in half an hour—he came up and stood against the fire-place, and kept his eyes fixed on her—she said, "Charley" or "Charles, what is the matter?"—he looked very wild, and tears were running down his cheeks—his hands were in his coat pockets—she took hold of him by his coat and kissed him, and he kissed her—she fell back on the chair, and he like fell back on one side, took his left hand out of his pocket, put it to her head, and appeared to be rubbing her hair—he pulled her head back, and drew a razor across her throat with his right hand—her throat bled—I was so frightened I ran down stairs—my father tried to part them before he kissed her—I went up-stairs again, and my father gave me a blood? razor—I wiped it on the end of my frock and put it in my pocket—I afterwards gave it to a policeman.

Cross-examined, Q. How old is she? A. She was twenty-two on that same morning—he is not twenty-one yet—I had often seen them together, and thought they were married—he behaved kindly.

EDMUND WHITE (police-sergeant, 09). I took the prisoner—he said, "Where is Mary? is she dead?"—I said I believed not—he said, "I know I shall be hung for this; oh! policeman, you don't know what love is."

Cross-examined, Q. Did he tear his hair at the time he said that to you? A. Yes; he seemed very much agitated.

JOHN GRAY (police-sergeant). On 1st Nov. I received this razor (produced)—from Louisa Lee.

JOSEPH ASHBURY SMITH . I am a member of the College of Surgeons, and live at 154, Whitecross-street. On 1st Nov. I saw Mary Noble—she was sitting in a chair in the lower room of the cottage with her bands clasped to her throat, evidently for the purpose of stopping the further effusion of blood—there was a large irregular wound in her throat, extending from the angle of the jaw on the left side, obliquely across and down to the side of the neck in the direction of the junction of the clavicle with the sternum, it was several inches long—the external jugular vein was divided—it was a very dangerous wound, inasmuch as it was a deep one—the cutting-instrument had divided several minor branches of the Ungues and upper thoracic arteries, and must have passed between the sheath of the carotid and the trachea—the slightest deviation of the knife would have opened the sheath of the vessels—it might have, been inflicted with this razor.

GUILTY . Aged 21.—Strongly recommended to mercy by the Jury on account of his youth, and also by the Prosecutrix,— DEATH recorded.

Before Mr. Justice Cresswell,

26th November 1849
Reference Numbert18491126-90
VerdictGuilty > unknown
SentenceImprisonment; Miscellaneous > sureties

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90. HENRY SNELL , feloniously sending to Henry William Snell a letter threatening to kill and murder him, and also to kill and murder Jane Snell. MR. RYLAND conducted the Prosecution.

HENRY WILLIAM SNELL . I am the prisoner's son—his name is Henry—my mother's name is Jane—I am clerk to Allen and Son, of St. Paul's Church' yard—I produce a letter which I received through the post on 23rd Oct.—it is in my father's writing, and is signed by him—I received it, and showed it to my mother, and she read it—(Directed, "Mr. Henry Snell, Allen and Son's, St. Paul's Church-yard." On the envelope was written, "Forward this to your infernal mother immediately." The letter commenced, "You infernal b----h, I have again condescended to address you, and if you do not immediately

send me 15l. of my money within two days from this date, death shall be your's and Henry's portion. I will have it at all events; I am fully prepared, and will walk straight into Allen's shop and shoot him like a dog. I care nothing for myself. I can die at once, no matter. How cheerfully will I go to the gallows! with what pleasure will I do it, to your eternal disgrace! I have spent my last shilling for pistols, and may I be d—d if I do not use them for the purpose they are intended."—(The remainder of this letter contained very violent expressions towards the wife, of a nature not fit for publication. It was signed "HENRY SNELL.")

MARGARET IVES . 1 keep the London District Post-office, East Smithfield. This letter passed through my office on 23rd Oct.—I know it by the stamp—(The prisoners statement before the Magistrate was here read)—"The letters were written in a state of great excitement, or they would not have been written; I have been very sorry for it ever since; I have had no opportunity of recalling them."

Prisoner's Defence. I was very much excited, and had no home; my wife left my apartments, with all the money and furniture, and I was in a perfect state of distress; I have been a good husband to her for the last thirty-six years, and have put her in possession of everything; my case has been a pitiable one.

GUILTY . Aged 59.— Confined Three Months , and to enter into his own recognizance in 100l.,and to find sureties in 50l. each, to keep the peace for two years.

Before Mr. Baron Alderson,

26th November 1849
Reference Numbert18491126-91
VerdictNot Guilty > unknown

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91. DANIEL BRYAN , burglariously breaking and entering the dwelling-house of Charles Dalrymple Mason, with intent to steal.

MR. BRIARLY conducted the Prosecution,

CHARLES DALRYMPLE MASON . I am a licensed-victualler, of Wells-street, in the parish of Whitechapel. On Monday evening, 12th Nov., I was the last person up—I saw everything secure—a partition encloses the bar, and the tap-room is on the opposite side—I am sure I left no one in the tap-room—it is twelve feet square—there are settles all round the wall, and between the walls—I did not look under the settles—the front door opens into the tap-room—I was awoke about twenty minutes past one o'clock, went down stairs, and saw the prisoner and policeman—I missed nothing—the club-room window was open—the maid-servant slept there on a sofa—the prisoner said he fell asleep in the tap-room—I found a match on the settle, under the window, in the maid's room—some similar matches were found on the prisoner, and three inches of candle.

Cross-examined by MR. O'BRIEN. Q. How many persons bad been drinking in the tap-room immediately before you closed? A. I do not think any one; we were very slack—I never saw the prisoner before—if he had been there that night, I must have seen him—the only persons who serve are me and the maid.

MARGARET M'NABB . I am Mr. Mason's servant. On the night of 12th Nov., I slept in the club-room—the window was shut, but not fastened—I thought the other servant would have done it—I was awoke, and found it open, about twenty minutes past one o'clock—there was no one in the tap-room at eleven the night before.

Cross-examined. Q. Who is the other servant 1 A. My sister; she slept in the room above mc—my cousin sleeps with me; they are not here—I heard no noise till the policeman came—I attend to the bar—my sister served

in the tap-room that evening—there was no one drinking in the club-room; it was not club night.

GEORGE HUNT (policeman, H 195.) On this morning, about twenty minutes past one o'clock, I saw the prisoner coming out of the premises, crawling close to the ground—he ran down Grace-alley, and I after him, springing my rattle, and calling, "Stop thief!"—he turned up North-east-passage, and was taken by policeman Green—I took him back—he was dressed as he is now, and had a skull-cap—I lost sight of him a few minutes—I found a candle near the door, not on him—the lead under the window was bent down a little, as if by a person climbing up—that would not make the least noise—it is a sash-window, and has a catch by the side of the frame, which falls, but sometimes it does not catch—the bed is on one side of the room, and the window on the other—the door is at the foot of the sofa—he would have to cross the end of the bed to get to the door. NOT GUILTY .

NEW COURT.—Saturday, December 1st, 1849.


Before Mr. Common Serjeant, and the Sixth Jury.

26th November 1849
Reference Numbert18491126-92
VerdictGuilty > pleaded guilty

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92. EDWIN OSBORNE , stealing 1 plane, value 3s. 6d.; the goods of John Baldry; having been before convicted: to which he pleaded

GUILTY . Aged 18.— Confined Nine Months ,

26th November 1849
Reference Numbert18491126-93
VerdictGuilty > pleaded guilty
SentenceImprisonment; Corporal > whipping

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93. GEORGE HEDGES , stealing 1 purse, value 6d.; 1 half-crown, 4 shillings and 2 sixpences; the property of John James Smith, his master: to which he pleaded GUILTY . Aged 14.— Confined Eight Days, and Whipped

26th November 1849
Reference Numbert18491126-94
VerdictGuilty > pleaded guilty

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94. EDWARD LEWIS , stealing 16 brushes, value 1l.; the goods of Susannah Pursell; having been before convicted: to which be pleaded

GUILTY .— Confined Nine Months.

26th November 1849
Reference Numbert18491126-95
VerdictGuilty > pleaded guilty

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95. JAMES SPOONER , stealing 1 pair of boots, value 8s.; the goodi of James Edward Watts; having been before convicted: to which he pleaded

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

26th November 1849
Reference Numbert18491126-96
VerdictGuilty > pleaded guilty

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96. THOMAS HILL , stealing 4 trowels, value 5s.; the goods of Henry Garlick; and 1 trowel, value 1s. 6d. the goods of Charles Schooling; having been before convicted: to which he pleaded

GUILTY . Aged 18.— Confined One Year.

26th November 1849
Reference Numbert18491126-97
VerdictGuilty > pleaded guilty; Guilty > pleaded guilty

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97. WILLIAM LOVEGROVE and GEORGE EMMETT , were indicted, for that they, with others, being armed with guns and other weapons, unlawfully did enter a certain close, belonging to Sir Frederick Pollock, Knt., for the purpose of taking and destroying game: to which

LOVEGROVE pleaded GUILTY . Aged 35.

EMMKTT pleaded GUILTY . Aged 23.

Confined one Year.

(See page 79.)

26th November 1849
Reference Numbert18491126-98
VerdictGuilty > unknown

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98. JOSEPH GRIMES , stealing 2 live tame rabbits, price 12s.; the property of Henry Watkins. having been before convicted.

HENRY WATKINS . I had two tame rabbits locked up, between two and three o'clock, on Sunday, 28th Oct.—I missed them on Monday, and advertised, and found them.

THOMAS GRIMES . These rabbits were brought to our yard on a Monday, by the prisoner—he said he had bought them—he put them down in my hutch—he killed one of them, and this is the skin of it, which was buried in our yard.

JOHN MARTIN . I work in the yard—the prisoner came on Monday morning, and brought two rabbits into the yard—he put them into the hutch—he said they belonged to him, and he bought them of a boatman, one was supposed to be lost, and he killed the other, and buried the skin.

Prisoner's Defence, I bought the rabbits; my master's son and I locked them up; next morning one of them was gone; I then said, "They shan't have the other," and I took and killed it; a man said he would buy it of me; I skinned it for him, and put the skin into a dust-hole.

HENRY BAKER (policeman, D 231). I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted December, 1847, and confined one year)—the prisoner is the person.

JOHN MARTIN re-examined. The prisoner has been at work for the last twelve months for his uncle, who is a stone-mason. GUILTY . Aged 23.— Confined Three Months

26th November 1849
Reference Numbert18491126-99
VerdictGuilty > unknown

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99. JOHN MAHONEY , stealing 1 sovereign, 3 shillings, and 1 sixpence; the moneys of Robert Armitage, his master.

ROBERT ARMITAGE . I am a baker, of the Strand. The prisoner was in my service—on 20th Oct. I gave him 1l. 2s. 6d. to go to the Westminster Steam Flour Mill, for some flour—he never brought back the money or the flour—I saw no more of him.

Prisoner. I put the money into my trowsers-pocket, and there was a hole in it.

MARY ANN BULGIN . The prisoner came to me that evening, and asked to leave a sack—he did not return—I observed a fine silver guard-chain round his neck.

GEORGE BODDINGTON (policeman, B 184). I took the prisoner—he said ho knew nothing of the prosecutor, and his name was not Mahoney. GUILTY . Aged 19.— Confined Four Months.

26th November 1849
Reference Numbert18491126-100
VerdictGuilty > unknown

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100. GEORGE EDIKER , stealing 2 sixpences; the moneys of Joseph Frederick Varley: having been before convicted.

MARIAN VARLEY . I am the wife of Joseph Frederick Varley, of Chelsea. On 26th Oct. I heard the shop-door bell ring, about nine o'clock, and before I turned into the shop I heard the till shut—the prisoner was standing near the till, and there was no one else there—he asked if I had got any dust—I said, "No, not this morning"—he was turning out of the shop-door; I ran to the till, and missed two marked sixpences, which I had seen a few minutes before.

Prisoner. Q. Why did not you speak to me in the shop? A. I wished to see whether you had taken anything—I called you back; you came, and I shut the shop-door, and stood outside, and called a neighbour—the two marked sixpences were found on you—these are them.

JOHN CADDY (policeman, B 51). I took the prisoner—I found these two sixpences on him.

Prisoner's Defence. I turned out three sixpences and one shilling on the

counter, before the lady; she did not look at them; when the officer came, he made me turn them out again, and he said, "There is no swearing to money without a mark;" the lady said, "Let me look at the money again," and then she found these two sixpences.

HENRY HILL (policeman, B 176). I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted March, 1847, having been before convicted, confined one year, and once whipped)—the prisoner it the person. GUILTY . Aged 18.— Transported for Seven Years.

26th November 1849
Reference Numbert18491126-101
VerdictGuilty > with recommendation

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101. MARY DALEY , stealing 2 pencil-cases, value 15s.; the goods of John Wells: having been before convicted.

WILLIAM GOFTON . I am assistant to Mr. John Wells, of High-street, Kensington. On 3d Nov. the prisoner came to the shop, to purchase a wedding-ring—I showed her some, but she did not buy any—when she was gone I missed two gold pencil-cases—I went, and found the prisoner in a public-house—I took bold of her, and charged her with stealing the pencil' cases—she came back to the shop, and rolled on the floor, and made a great noise, and while doing so I imagine she took the pencil-cases out of her boot, as she had not them in her hand at first, but she had afterwards, and I took them out—these are them; they are Mr. John Wells's.

JAMES KINO (policeman, T 192). I took the prisoner—she was on the floor—she said they should not have been laid in her way, to tempt her.

Prisoner's Defence. I have been fifteen years in London, and never knew what a prison was till twelve months since; the father of my children was led away by a woman, and got married in the same Church that we had been three times out-asked in; he left me pregnant with this baby, and I was in a state of distraction; he came back to me last March, and remained with me till he went out of town; I waited for his return till I was distressed, and was forced to go to the Kensington workhouse; I was told they could not give me anything, I must go to another parish; I came away, and met a woman, who gave me half-a-crown that was owing to me; we had something to drink, and parted; I thought I would pay something off a second-hand gold ring; I went into the shop, and there were several pencil-cases on the counter; the man went out of the shop, and the drink and poverty tempted me to take two; I went into the public-house, and he came after me; I would have gone back to put them down again, but he took them out of my hand.

HENRY KIRBY (policeman, A 355). I produce a certificate of the prisoner's former conviction, at Clerkenwell—(read—Convicted Sept., 1848, and confined six months)—the prisoner is the person. GUILTY . Aged 34.—Recommended to mercy by the Jury.— Confined one Year.

26th November 1849
Reference Numbert18491126-102
VerdictGuilty > unknown

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102. THOMAS PATTERSON , stealing 1 hood and other articles, value 15s.; the goods of Sarah Smith, his mistress.

MR. COCKLE conducted the Prosecution.

WILLIAM Cox. I am manager of the livery stables of Mrs. Sarah Smith, near Sloane-square. I missed some articles from the stables about thirteen weeks ago—I found them at Mr. Moth's—when I was paying the prisoner his wages I told him of them, and asked him to go and fetch them—I went with him to Mr. Moth's—the prisoner asked me to go in with him, but Mr. Moth came out, and the prisoner said, "Will you give the horse-cloths to Mr.

Cox?"—he said, "No, not without you give me the 26s.; I will let him look at them"—I went in with him, and saw the cloths, and knew them—the prisoner ran away—another servant pursued and took him—these are the cloths—they are worth 3l., or a little more—I never authorized any one to dispose of them.

CHARLES MOTH . I am a greengrocer, of the New-road, Chelsea. I have known the prisoner some years—he came to me about four months ago, and asked if I wanted to purchase some horse-clothing—I told him I did not want anything of the kind, and I had no money to spare—he came a second time, and left them with me—I let him have 25s., and afterwards another shilling

Prisoner. Q. Did I not tell you they were not mine? A. Yet; you did; you brought another person with you.

Prisoner. I never did anything of the sort before in my life. GUILTY . Aged 21.— Confined Six Months.

26th November 1849
Reference Numbert18491126-103
VerdictGuilty > pleaded guilty; Guilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Imprisonment; Imprisonment

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103. JOHN PUDDIFORD , JAMES WILLIAMS , and WILLIAM CLEAR , stealing 1 cloak, value 3s.; the goods of Caroline Moody and another; Williams having been before convicted: to which

PUDDIFORD pleaded GUILTY . Aged 25.— Confined Four Months. WILLIAMS pleaded GUILTY . Aged 28.— Confined Nine Months.

CAROLINE MOODY . I am in partnership with my sister; we keep a wardrobe shop in Ormond-street, Crawford-street. I had a cloak hanging in the passage on 29th Oct—I lost it—this is it.

JAMES BADRICK (policeman, A 394). On 29th Oct. I saw the three prisoners loitering about the prosecutrix's shop, about seven o'clock in the evening—I am sure they were together, I saw them about a quarter of an hour—Puddiford went into the shop and came out with this cloak and joined the other two, and they went away together—I took Puddiford, who had the cloak—the other two walked away, but were taken afterwards.

Clear. I had not seen the other prisoners for eight weeks before. CLEAR— GUILTY . Aged 21.— Confined Nine Months.

(There was another indictment against Clear.)

26th November 1849
Reference Numbert18491126-104
VerdictNot Guilty > unknown

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104. ANN ARNOLD , stealing 1 ring, value 10s.; the goods of Thomas Jekyll, her master,

SARAH JEKYLL . I am a laundress (my husband's name is Thomas), of 35, Orford-street, Chelsea. The prisoner occasionally worked for me—I missed a ring in April—I frequently spoke to the prisoner about it—this is it; I have worn it a great number of times.

Cross-examined by MR. WOOLLETT. Q. How long has the prisoner worked with you? A. About eight years; she was a very hard-working, industrious woman—I had no reason to suspect her.

THOMAS BEST . I produce this ring, it was won by me at a raffle at a beer-shop.

CHARLES PEAK . I won the ring at the raffle, for Best—the prisoner's husband John Arnold produced the ring to be raffled for.

JOHN PORTSMOUTH (policeman, B 173). I took the prisoner, I told her it was for a ring of Mrs. Jekyll's—she said she bought the ticket of the ring from an Irishwoman, she did not know her name.

(The prisoner received a good character.) NOT GUILTY .

26th November 1849
Reference Numbert18491126-105
VerdictGuilty > unknown

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105. SARAH SOLOMONS , stealing 1 basket, value 1s.; the goods of Samuel Walker Taylor: having been before convicted.

SAMUEL WALKER TAYLOR . I live at No 17, Old-street. On the evening of 14th Nov. I was working in my cellar; I saw the prisoner reach over and take a basket off a nail—I ran up the ladder and saw her, one door off, placing the basket under her shawl—I overtook her and touched her on the shoulder, and she dropped the basket; this is it, it is mine—she said, "How much is it"—I said it was too late—she said she would pay me anything for it, and said she would give me 10l. to let her go.

Cross-examined by MR. PAYNE. Q. Did she not say, "I meant to pay for the basket as a lady?" A. I did not hear that, till she was before the Magistrate—when I took her she was three doors off, and was going from my shop. MR. PAYNE called

ANN WOLF . My husband is a dealer. I have known the prisoner nine or ten years—she has been always steady, honest, and industrious—I remember her being taken, and acquitted three months back—she was acquainted with a young man two years back, who deceived her—since then, when she has taken a little to drinking, she does not know what she is about.

MRS. SOLOMONS. The prisoner is my daughter—she has been very unfortunate in her love, and very often is like a person not right in her mind—she is very harmless and humane—I will take great care of her, and send her to one of my friends in the country.

JOHN HARVEY (police-sergeant, O 14). I produce a certificate—I had the prisoner before; she was three-parts drunk when I took her—she had one hour's imprisonment—when she came out she said she had done the Judge. GUILTY . Aged 32.— Confined Six Months.

26th November 1849
Reference Numbert18491126-106
VerdictGuilty > unknown

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106. JOSEPH SMITH , stealing 2 decanters and other articles, value 1l. 9s. the goods of Abraham Davis, his master.

ABRAHAM DAVIS . I am a china and glass dealer, of Tottenham-court-road; the prisoner was my carman. I went to his lodging, 2, Mitford-place, with the policeman, and found all these articles (produced); they are mine.

Cross-examined by MR. O'BRIEN. Q. How long had he been in your service? A. Two months—I do not sell some thousands of these articles in a month—here are two tavern decanters; I get them to show customers—I do not sell them in-my shop unless I get an order—I do not think I have sold a dozen in my lifetime—I bought them of Abraham Jacobs, in Crown-street, Finsbury—I mannfacture these glass plates—this is one of the dishes that I found—I know I had not sold these—I missed these six dishes—the prisoner brought them from the wharf for me about the Thursday before the Saturday night on which I discharged him—I had about forty dozen come in, and not any were sold before they were counted, when they came in—I have sold all that number, and more since them—the prisoner was discharged on 3d Nov.—he was not taken up for a week after—there was a dispute in the street, the day before he was discharged—there was no assault, there was abusive language from the prisoner to me—I gave him into custody for the abusive language, and for stealing a shilling—I and the policeman went to the kitchen—the policeman let me into the house—the prisoner was then in the station—the policeman and I went down stairs and found these things—here are four salt-cellars, worth from 1s. 6d. to 2s.—I have sold a large quantity of them—I cannot swear to them—I can swear to these ornamental vases—I have five shops—I send my stock into those shops—I put my

articles outside my house—these blue jelly-dishes I make for Scotland—they are not sold in London—I never sold these blue ones in London—I never put them in my shop to sell retail—I never put any in my stock—they were kept in the wholesale ware-room at No. 84—I have four or five shopmen there, and five or six women—I have about twenty persons in my employ—I used to send the prisoner for glass—sometimes he would bring 1 cwt. And 5 lbs., and I would give him the difference—if any were broken I should not stop it from his wages—I never did it twice in my life from the prisoner—his wages were 9s. a week—we do not open till eight o'clock in the morning, and we close at ten at night—he only came temporarily, as my carman was taken bad.

THOMAS WILLIAMS (policeman, E 153). I found these articles in the back kitchen, at the prisoner's house.

ABRAHAM DAVIS re-examined. I know where these articles were found was the prisoner's house—it is only three doors from my private door—I have seen him go in and out there—the house is full of lodgers, but he always said he lived in the kitchen, and I have sent for him there when he has been too long at his dinner.

HANNAH BINT . I was at work in a room at Mr. Davis's—the prisoner came in, and brought these chandelier drops in the broken glass—I took them from amongst it—he asked me to clean them, and they were found in his kitchen.

Cross-examined. Q. Are you aware that some of these drops are scattered about the warehouse? A. They may be, sometimes.

WILLIAM CROOK . I saw the prisoner at the corner of Mitford-place—he said, "What a lively fellow Mr. Davis has got; I had a set of yellow dishes planted in the stable, and after he had removed the crates and straw I went and got them out without his knowing it."

Cross-examined. Q. What are you? A. A glass-hawker—I did not tell Mr. Davis this before the prisoner was in custody—I told him on the Sunday morning; I had not seen the dishes at that time—I purchased some goods of Mr. Davis—I dare say I have known the prisoner two years.

Witnesses for the Defence.

MARIA SMITH . I am the prisoner's mother. I have lived at 2, Mitford-place—I have dealt at Mr. Davis's shop, and know him well—his articles are always spread out—I bought these egg-glasses and salt-cellar of him—I live in the two parlours of my house, and let out the other part—I furnished the back-kitchen and gave it my son to live in—I gave these articles to my son when I found he was going to get married.

MARY GARY . I live in the back-kitchen at 2, Mitford-place—the prisoner lived there—I was going to be married to him.

SUSAN OSBORN . I saw Mary Gary pay for a set of dishes and two vases to a young woman in black, in Mr. Davis's shop in Tottenham-court-road, about five weeks ago—she paid 2d. for the dishes, 1d. for the vases, and a half-dozen egg-cups she paid 5d. for—these are the vases—I live at 5, Mitford-place—I have not been in the back-kitchen at No. 2—I was not intimate with the prisoner—I know Gary.

GUILTY . Aged 19.— Confined Six Months.

26th November 1849
Reference Numbert18491126-107
VerdictGuilty > unknown

Related Material

107. ELIZA HOWARD BELLINGTON , stealing 1 dram-glass, value 8d.; the goods of William Spencely: having been before convicted.

CHARLES FREDERICK CLARK . I am barman to Mr. William Spencely.

On the 12th of Nov. the prisoner came into his house and called for a glass of gin—I watched her—she drank the gin, and put the glass alongside of the seat—I then missed it, and I had suspicion that she had it in her basket—I let her be for about a quarter of an hour—she then went away—I followed her, and took this glass out of her basket—it is ray master's.

Prisoner's Defence. I put it into my basket by mistake; I was unconscious of what I did; at times my head is much affected, having had a paralytic fit; the glass was no object to me, as I have enough to live on.

WILLIAM FORD . I produce a certificate of the prisoner's former conviction at this COURT—(read—Convicted July, 1844, and confined two months)—the prisoner is the person. GUILTY . Aged 42.— Confined One Year.

(There were two other charges against the prisoner, and the officer stated that she chiefly lived by writing begging letters, a number of which were found in her room.)

26th November 1849
Reference Numbert18491126-108
VerdictGuilty > unknown

Related Material

108. THOMAS BURGESS , stealing 55lbs. weight of sheet lead, value 9s. 6d.; the goods of Joseph Drown Rigby and another.

WILLIAM MILLBRMAN (policeman, B 95). On 6th Dec, about twelve o'clock, I saw the prisoner and another man coming up the Sanctuary, at Westminster—I took the prisoner, and found this lead under his clothes, next to his body.

JOHN WILLIAM LYON . I am foreman to Joseph Drown Rigby, and another—the prisoner was employed with another man that day—I saw this lead brought back by the officer—it fitted to the other.

Cross-examined by MR. ROBINSON. Q. Is it not a perfectly straight edge? A. No; we have not missed this lead, but we found this matches the piece—it has not been weighed—the men were cutting it to lay down in some gutter—the prisoner was working for us with a man named Warner.

CHARLES JAMBS BARNES . I work for the prosecutor. I saw the prisoner leave the premises on 6th Nov., at twelve o'clock, after I rang the bell for them to leave.

Cross-examined. Q. Did you look at this man? A. Yes; as much as I did at the others—I saw nothing on the prisoner—Warner was a plumber, and was superior to the prisoner.

(The prisoner received a good character.)

GUILTY . Aged 33.— Confined Three Months.

THIRD COURT.—Saturday, December 1st, 1849.



Before Edward Bullockt Esq. and the Seventh Jury.

26th November 1849
Reference Numbert18491126-109
VerdictGuilty > pleaded guilty

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109. SUSAN PEAK , stealing 3 handkerchiefs, value 9s.; the goods of Charlotte Gould; having been before convicted; to which she pleaded GUILTY .— Confined Twelve Months .

26th November 1849
Reference Numbert18491126-110
VerdictGuilty > unknown

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110. THOMAS CHISLETT , feloniously forging and uttering an order for the payment of 8l. 14s., with intent to defraud Samuel Botson Aldred.

MR. CLARKSON conducted the Prosecution.

JOHN JAMES ALDRED . I am assistant to Samuel Botson Aldred, a woolendraper, of 4, Victoria-street, Skinner-street. On 29th Oct., a man brought

me this paper and card—(read, "6 1l. 2 black doth, best you can, for lit. or 11s. 6d.; T. Cook."—Card read:—"T. Cook, tailor and breeches-maker, New Cross, near the gate")—in consequence of which I supplied him with six and a half yards of black cloth, which came to 3l. 14s. 9d.—he then presented me with this check.(read, "Messrs. Rodgers and Company: Pay Thomas Cook, or bearer, 8l. 14s." signed, "Edward Howell")—I gave him change for the check.

Cross-examined by MR. ROBINSON. Q. Do you know Cook? A. Yet; he is a customer of ours.

THOMAS COOK . I am a tailor, of New Cross—I have known the prisoner about twelve months—he is a hosier and shirt-maker, and I understand has been so a great many years—this order is not my writing—I did not authorise him or any one else to go to Mr. Aldred's and get 3l. 14s. 9d., worth of black cloth—the prisoner never worked on my establishment, or supplied me with any goods—the card produced is one of mine—I gave the prisoner three or four of them in July, and I believe this is one—I do not know Edward Howell—I never had such a check as this—no part of the order is my writing—I believe the body of the check is the prisoner's writing; I have teen him write several times.

Cross-examined. Q. How many times? A. Five or six—the signature to the check is a disguised hand, but it is like the prisoner's writing—there aro letters in the body just like his ordinary writing—the "oo" and the "k" in "Cook" are precisely like his—the whole of the order is his writing—I swear to them both—I can swear to some of the other letters, but am more certain about those—I do not consider the order a disguised writing at all—I have been at the prisoner's counting-house in Size-lane, eight, ten, or a dozen times—I will not swear I have not been there twenty times—I never used it as a place of business—I went there in consequence of a card he gave me, about a rich partner he bad got, and cash being advanced on all descriptions of property—I should never have been there if it had not been for the card—I think I did write one letter there; I will not swear I did not write two—I did not write three or four—I never authorised the prisoner to purchase goods for me from Moses's, or Bousfield's, or Amos's, or anywhere—I know a person named King, by seeing him at the prisoner's counting-house five or six times—I never saw him but there—I never wrote a letter in his presence—I once gave the prisoner a bill to get discounted; he kept it a great time, and I was fearful I should never get it back—I never gave him but one—I have been in my place at New Cross five years—I went through the Insolvent Court five years ago—I have dealt with Mr. Aldred about sixteen years—I have dealt with him since my insolvency—(card read, "Burge, Chislett and Company, Commercial and General Agents, 4, Skinners-place, Size-lane, Bucklers-bury—Cash immediately advanced on every description of property").

CHARLES EDMINSON . I am a tailor and outfitter, at 91 and 93, Grace-church-street. I know the prisoner's writing—this order is his writing, and the body of the check—I cannot swear positively as to the signature—it is similar in appearance; it appears disguised.

Cross-examined. Q. How long is it since you saw him write? A. I think it may be fourteen or fifteen years; I forget exactly to a year—we did not then part on very good terms—after I had discharged him he brought an action against me—I gave my attorney 100l., to hand over to his attorney—I believe the order is his writing; the whole of it is his style and character of writing—I was examined at the police-court as well as here, after Cook—in consequence of seeing my friend Aldred's name in the newspaper, I went to

him and asked if I could render any assistance in the matter—he knew that I knew Chislett's writing.

MR. CLARKSON. Q. Have you any interest in the result of this inquiry? A. No; I have carried on business in Gracechurch-street above twenty years. ROBERT FREDERICK PRIEST. I am clerk to Messrs. Rodgers and Co., bankers, 29, Clement's-lane—we have no account now at our house to the credit of Mr. C. M. King—the check produced is one belonging to the house—this check-book (produced) is one of those which we deliver for the use of our customers—it bears a date by which I can tell, by referring to a book I have here, that it was given out, on 25th Aug., 1840, to C. M. King, who was then a customer—the check produced has been taken from this check-book.

Cross-examined. Q. How long is it since Mr. King was a customer of yours? A. Four, five, six, or seven years—I think he died soon after the delivery of this check-book in 1840.

HENRY WEBB (City-policeman, 258). I took the prisoner on 8th Nov., and said, "I apprehend you for writing some forged orders, and obtaining some cloth"—he said, "I thought you wanted me for some boots"—at the station he gave his address, 11, George-street, Mansion-hose—I told him I was going to search his lodgings, and asked if he had a check-book in his house—he said "No"—he did not tell me in what part of the house he lived—I went to the house, made inquiry of the landlady, Mrs. Webster, and, in consequence of that, went to a bed-room on the second-floor, in a drawer of a chest of drawers there I found a check-book—in my judgment this check came from that book—the book was produced in Court, in the prisoner's presence—he said he knew nothing about it.

THOMAS TURNER . I am relieving-officer of the London Union. On 17th July, the prisoner received relief from there—I have no independent recollection except by my book—I have a recollection that he has received relief from July to Sept.—I cannot fix on the day of the month, but I have a perfect recollection of his coming within the last four or five months and receiving relief.

Cross-examined, Q. Have you an independent recollection of his having a wife and family? A. Yes; a wife and two or three children—I have not got the number of children down here, only that he received three shillings a week and five loaves, and afterwards he had a loan of five shillings, and then ten shillings.

RICHARD WILLIAMS . I am one of the principal warehousemen in the East and West India Docks. In Nov., 1847, the prisoner was employed there as a casual labourer, and continued there until Aug., 1848—I was not aware that he was a commission and general agent in Size-lane, and advanced cash.

Cross-examined. Q. He was discharged, from deficiency of work? A, Yes; not from any misconduct—he had 2s. 6d. a day—he was introduced to me as having been a hosier.

COURT to THOMAS COOK. Q. How lately did you know him? A. Up to about a fortnight before he was taken; he lived at 11, George-street—I have never been there—he gave me the card at the latter end of June or beginning of July. GUILTY . Aged 49.— Transported for Ten Years. (There were two other indictments against the prisoner).

26th November 1849
Reference Numbert18491126-111
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

111. LUCY WYATT and SARAH HANNINGTON , stealing 20 yards of carpet, value 1l.; the goods of John Blagrave, the master of Wyatt.

MARY AUN SIMMONDS . I am servant to Colonel John Blagrave. The

prisoner Wyatt was engaged to take care of the house in Bentinck-street, while the family were out of town, and took possession on 4th July, when they went—I left her in the house—we returned on 1st Nov.—I had not been up in the interval—I examined the house, and missed some stair-carpet which was packed up safe when I left—it was Col. Blagrave's property—I did not speak to Wyatt about it—the carpet now produced is it.

WILLIAM CAKEBREAD . I live with Mr. Greaves, a pawnbroker. I produce several pieces of stair-carpeting, which I took in pledge of Hannington on 1st Nov.

WALTER TOVEY (policeman, A 397). I took Hannington into custody at 25, Barrett's-court—the sergeant was with me, and he asked if she was ever in the house—she denied it—she afterwards said she had never been further than the door-mat.

STEPHEN PERDRIAN (policeman, D 16). I saw Hannington in Barrett's-court—she said she had never been in the house further than the passage—I asked her if she had ever pledged anything for Mrs. Wyatt—she said "No." Wyattl's Defence. 1 was in great distress, and had several people calling for money, and I made use of the things knowing I was able to make them good. Hannington's Defence. Mrs. Wyatt asked me to pledge the carpet; I was not aware it was stolen.

WYATT— GUILTY . Aged 38.


26th November 1849
Reference Numbert18491126-112
VerdictGuilty > unknown; Guilty > unknown

Related Material

112. LUCY WYATT and SARAH HANNINGTON , were again in. dieted for stealing 3 blankets, value 7s. 6d.; the goods of John Blagrave, the master of Wyatt

MARY ANN SIMMONDS . When I came back to town, I missed fourteen blankets—I asked Wyatt about them—she said they were on the beds—I went there, and did not find them—I never saw Hannington at the house—I told Wyatt 1 considered there had been a robbery, and the said they were pawned, but she could get them out again—she asked me if I had stopped the ten shillings she received each week; and said if she had got it, she could get the things. Wyatt. I did not have the money. Witness. Not the first month—you had 1l. in advance at starting.

WALTER TOVEY (policeman, A 397). I took Wyatt into custody—on the way to the station she said, had she had no one there the robbery would not have been committed—I found two duplicates in the name of Hannington, and some more in the name of Wyatt—I afterwards went to Barrett's-court, and found Hannington there—the sergeant asked her if she had ever pledged anything for Mrs. Wyatt—she denied it, and said she had never been farther than the mat

STEPHEN PERDRIAN (police-sergeant, D 16). I went with Tovey, and saw Hannington—I asked her if she knew Wyatt—she said she did—I asked if she had ever been to 7, Bentinck-street—she said she had not, no further than the passage—I asked her if she ever pledged any articles for Mrs. Wyatt—she said she never did.

WILLIAM CAKEBREAD . I produce a blanket, pledged in the name of Ann Wyatt; I cannot say who by.

HENRY THOMPSON MILES . I am with Mr. Neal, a pawnbroker, of Duke-street, Manchester-square. I produce a blanket, pledged, I believe, by Hannington—the ticket is in that name.

MARY ANN SIMMONDS re-examined. This blanket is John Blagrave's property—it was left in the house, and I missed it when I came back. Hannington's Defence. Mrs. Wyatt asked me to pledge it, and, as her own

things were over the stable, and some in the house, I did not ask her whether it was her own or belonged to the house.

WYATT— GUILTY . Aged 38.


Confined six months

(There was another indictment against the prisoners.)

26th November 1849
Reference Numbert18491126-113
VerdictNot Guilty > unknown

Related Material

113. JOHN MICKLE , stealing 1 pair of boots, value 11s. 6d.; the goods of John Slater Marshall, his master.

JOSEPH ICK EVANS. I am in Mr. John Slater Marshall's service. I have seen a pair of boots produced by Lawrence—they are Mr. Marshall's—I have seen them in the shop, but I cannot say when.

Cross-examined by MR. HORRY. Q. I believe you recommended the prisoner to Mr. Marshall? A. No, I merely told him of the situation—I knew him before—we have a great many other boots like these in the shop, and we have sold a great many of them—I cannot say whether these have been sold or not, or to whom—I recollect having some conversation with the prisoner about his having some boots—I told him I had no doubt Mr. Marshall would allow him to pay so much a week for them.

HENRY LAWRENCE . I am in the employ of Messrs. Wolstonhome, pawnbrokers. I produce a pair of boots, pledged on 2d Nov., by a female—the ticket produced by Bingham is the one I gave to the person.

HENRY BINGHAM (policeman, E 153). I took the prisoner at Mr. Marshall's—he told me he lived at 2. Letford-court—I went there, and in a drawer under the glass, in the room, I found this ticket.

Cross-examined. Q. I believe he made no disguise, but answered all your questions? A. Yes; I did not before know where he lived—the Magistrate admitted the prisoner to bail, and he surrendered yesterday.


(The prisoner received a good character.)

26th November 1849
Reference Numbert18491126-114
VerdictNot Guilty > unknown

Related Material

114. JOHN MICKLE was again indicted for unlawfully inciting Edward Rogers, a servant of John Slater Marshall, to steal his moneys, goods, &c.


26th November 1849
Reference Numbert18491126-115
VerdictGuilty > pleaded guilty

Related Material

115. MARY ANN THOMAS , stealing 6 forks, value 6s.; the goods of William Thorpe, her master, in his dwelling-house. to which she pleaded

GUILTY . Aged 33.— Confined Nine Months.

26th November 1849
Reference Numbert18491126-116
VerdictGuilty > unknown

Related Material

116. WILLIAM WANT , stealing 2 pairs of stays, value 5s.; the goods of James Smith: having been before convicted.

JAMES SMITH . I am a staymaker, of St. John-street. On 21st Nov., about eight o'clock at night, I heard a cry of "Thief!" in the shop—I was in the kitchen—I ran up-stairs, and when I got outside the shop I saw my stays on the pavement—they were hanging up inside the shop door before—the prisoner was taken, and brought back to the shop.

WILLIAM HUNT . I live in Church-row, St. Luke's. On 21st Nov., about eight o'clock, I heard a cry of "Police!" and saw the prisoner about six feet from the shop door—he dropped the stays, and ran off—I followed, and caught him—he is the same man I saw drop the stays—he said, "What do you want with me?" and struck roe—I took him to the prosecutor's—I never lost sight of him.

Prisoner's Defence. I saw a lad start from the door, and heard a cry of "Thief!" I thought if I stayed where I was I should be taken for a thief, on account of my having been convicted; I ran, and a man caught me.

JOHN KEEVIL (policeman, L 179). I produce a certificate—(read—John

Sullivan, convicted of housebreaking, Jan., 1849; confined nine months)—I was present—the prisoner is the person.

GUILTY . Aged 19.— Transported for Seven Years.

26th November 1849
Reference Numbert18491126-117
VerdictGuilty > with recommendation

Related Material

117. WILLIAM DENNIS , stealing 1 mattress and 2 tablecloths, value 1l. 10s.; the goods of Richard Henry Bullock and another.

RICHARD HENRY BULLOCK . I am in partnership with my brother—we are auctioneers, in Holborn. On 21st Nov. I had an auction in Southampton-row, and all the goods were in my possession—I have known the prisoner, as a porter, seven or eight years—I engaged him on the 20th, 21st, and 22nd, to assist at the sale—after the sale, there was a mattress missing which had not been sold—I made inquiries—Booker showed it to me—he afterwards showed me a tablecloth, part of the same property, which was not sold—I saw the prisoner at the sale—on the 24th he came for his wages—I spoke to him about the mattress—he gave no satisfactory answer, and I gave him in charge—he had no business to remove the mattress or tablecloth, or do anything with them—he was to work the sale, and deliver the lots that were sold—he was not employed to take anything away.

Prisoner, Q, Did I not deliver goods up to five o'clock? A. From what I can learn, you did not—I did not send at half-past four for you, to bring whatever uncleared lots there were to the office.

GEORGE BOOKER . I am a fishmonger, of King-street, Holborn, and have known the prisoner about three years. I looked at the things at the house that were to be sold, and told the prisoner if he saw any cheap sheets or blankets to bring me some—I said nothing about anything else—on 21st be brought a mattress to my house, and asked if I would allow him to leave it till the morning—I said, "Certainly," and he borrowed 5s. of me—on the following day he brought a tablecloth, and asked me to buy it—I gave him 1s. and a bit of fish for it—I afterwards gave Mr. Bullock the things—those produced are them.

MARGARET DALY . I was in Mrs. Reardon's service—she died lately, at Southampton-row, and on 21st there was a sale of her property—I have seen the mattress and tablecloth—they were her property, and left for Mr. Bullock to sell.

Prisoner. Q. Did you see me buy a soup-tureen? A. Yes.

LEWIS HARRIS (policeman, F 59). I took the prisoner—I said nothing to him—he said, "It is ad-shame I should be taken, as there are three others against me"—I do not know what he meant.

Prisoner's Defence. On the Thursday, about half-past four o'clock, after I had been delivering, Mr. Bullock sent round for me to fetch the uncleared lots to the rooms in Holborn; I did not want to go to the rooms, as I had been having a drop to drink, and left the mattress at Mr. Booker's till the morning, and the foreman and the clerk were outside at the time; when I went to Mr. Booker on the Friday, he said the mattress was taken to Mr. Bullock's; I went to Mr. Bullock, and he cross-examined me, and had a policeman, and gave me in charge; the clerk and foreman saw me leave it; they are not here to-day, they dare not come; they would be discharged.

JURY to MR. BULLOCK. Q. Could the clerk have come to-day? A, Yes, if it had been wished—the foreman of the sale had charge of the goods, and all the porters delivered upon an order from the clerks signifying what to deliver—the prisoner had no order to deliver this mattress.

GUILTY . Aged 26.—Recommended to mercy by the Prosecutor.- Confined Two Months

26th November 1849
Reference Numbert18491126-118
VerdictNot Guilty > unknown

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118. WILLIAM BAKER , feloniously uttering a forged request for the delivery of goods. MR. COCKLE conducted the Prosecution.

GEORGE HAGUE . I am in the service of Mr. George Cohen, an outfitter, of 66, Royal Mint-street, Whitechapel. Last Saturday, the prisoner came to our shop with this order, which he said Mr. Cohen had given him—(read—"Please to let William Baker have one pair of trowsers and one pair of boots, G. COHEN"—I said Mr. Cohen could not write, and he said Mr. Cohen got some one to write it for him—I gave him a pair of trowsers and a pair of hoots—unless I had received that order, and the prisoner had made that statement, I should not have given him the goods.

GEORGE COHEN . I am an outfitter, of 66, Royal Mint-street—Hague is in my service—I did not write this order, or authorize any one else to write it.

Prisoner's Defence, The prosecutor came to the Sailors' Home ship, and asked me if I wanted any clothes; I said, "A pair of shoes and a pair of trowsers;" he said I could have them, and pay for them when I received my wages; I received 10l. 2s., 3d. wages at one o'clock, had a little to drink, and was given in charge before I had time to pay; I left a pair of shoes and trowsers at the prosecutor's till I paid for these things, which were worth double.

MR. COHEN re-examined. I did not go to the ship and ask him.


OLD COURT.—Monday, December 3d, 1849.


Before Mr. Recorder and the Third Jury.

26th November 1849
Reference Numbert18491126-119
VerdictNot Guilty > unknown

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119. WILLIAM ROLLS , stealing, on 15th Oct., 3 watches, value 40l.; the goods of Charles Sorg, in his dwelling-house.

MR. O'BRIEN conducted the Prosecution.

CHARLES SORG . I am a jeweller, of the Kent-road. On 15th Oct., about twelve o'clock in the day, the prisoner came with another man to my shop—they did not come in—the prisoner opened the shop-door, and said, "Will you come out, and tell me the price of these things in the window?"—the other man stood just outside the door—I went out, and the prisoner pointed out some gold shirt-studs, which were right at the bottom of the window, and the price of which was marked on them; anybody could see it—I remained with him outside the window about a minute and a half—he did not buy anything—he said he would bring his wife in the evening, and select—I then went into the shop, and he followed me in immediately after—he only remained two or three seconds; he wished me to give him a card—I did not miss the watches while he was in the shop; they were on a little work-bench, right round the counter—they could not possibly be reached by a person standing in front of the counter: only by going round it—the value of the three I missed was 40l.—I had seen them safe about a minute or two before the prisoner called me out; I had just put them there—I did not leave anybody in the shop when I went out to the prisoner—it was impossible that any one could have entered the shop when I went out to the prisoner—when I came out to him the other man stood in my way—he pretended to make way for me to come out, and turned, as I thought, up the road, instead of which he must have turned round me, and into the shop—I did not see

him go in—when I said that nobody could have entered the shop, I meant from inside the house—I did not tee any one in the shop when I returned to it—I missed the watches directly the prisoner was gone.

Cross-etamined by MR. ROBINSON. Q. Then the prisoner was only a second in your shop altogether? A. No; I was with him all that time—he did not go behind the counter—I did not see him again till he was in custody at the station, 1 think on the Friday after.

THOMAS CARMODY (policeman, B 148). I apprehended the prisoner on Friday, 19th Oct., and found on him thirteen sovereigns, 2l. 13s. 6d. in silver, a silver watch and chain, a gold ring, a pocket-book, and two knives.


26th November 1849
Reference Numbert18491126-120
VerdictGuilty > unknown; Guilty > unknown

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120. WILLIAM ROLLS was again indicted, with HENRY KINO , for stealing, on 19th Oct., at St. George's, Hanover-square, 3 watches, value 40l.; 2 sovereigns, and 2 half-sovereigns; the property of John Killick, in his dwelling-house. MR. O'BRIEN conducted the Prosecution.

JOHN KILLICK . I am a jeweller and watchmaker, at 9, Knightsbridge-terrace. On 19th Oct. last, at nearly half-past twelve o'clock, I was standing behind my counter, and the prisoner Rolls called me to the door, and asked me to tell him the price of three dressing-glasses that were placed outside one of my shop-windows, on an elevated step from the pavement—I saw no one with him—I went out, and he asked me the price of the glasses, and kept me talking for two or three minutes—there were no prices marked on them—he asked me the price of all—he said he dare say that either this or that (pointing to two of them) would suit, but he would bring his old woman in the evening, and have one—I told him I had a great many more inside the shop, and 1 thought I might be enabled to sell him one then, and I induced him to enter the shop with me—I think I stepped on one side, and be went in, and I followed him—I took a dressing-glass from off a chair, and placed it on the counter, and at that moment 1 saw a row of gold watches in a different window to the one we had been out to, swinging about; it was not an open window—my shop stands at the corner of two streets; the door is at the corner, and one window in each street; it is immediately opposite the Albert-gate and Mr. Hudson's house—the looking-glasses were in the window in front of William-street, and the watches in the window looking into the Knightsbridge-road—the watches were in motion, as if the string was shaken; they were in full swing, giving strong evidence of having been recently disturbed—I discovered two tickets swinging without the watches, and this ticket, which I produce, had disappeared, with a gold watch, altogether—that ticket was found behind the counter—I missed three watches—a person behind the counter could get to the Knightsbridge-terrace window—whoever robbed me of the watches robbed my till also, and this ticket was found close behind the counter where the till was—the till was robbed at the same time I lost the watches—a person would have to go behind the counter to get at the watches—I have a key to the till, but never keep it locked during the day—it was a long distance from where the watches hung—the till was at the extreme end of the counter—when I saw the watches swinging, Rolls was in the shop—I said, "I have been robbed," and ran out in an agitated manner, and returned again, thinking I might see something, and on my return a man told me, in Rolls's presence, he was just at the door; that he had seen him in company with another man, and advised me not to let him go—I left the shop again, and returned, and the prisoner had then gone some distance across William-street, nearly as far as the shop on the other side of the way—I told

him I could not part with him, and brought him back to my shop—I had left him in the custody of my wife in the shop: there was no opportunity for robbing the till then—the man who had. advised me went and brought a policeman—the prisoner was taken to the police-office—after I returned from the examination my man asked me if I had paid the money away, as there was none in the till, and I then found the till empty of the gold—I am certain there were two sovereigns and two half-sovereigns in the morning—I did not miss any silver; there was nearly 2l.-worth—the gold was kept in a bag, and the silver in a wooden bowl—the gold bag was not gone, hut there was no gold in it—the shop forms part of my dwelling-house, and is in the parish of St. George, Hanover-square.

Cross-examined by MR. ROBINSON. Q. Did not the prisoner give you his address? A, Yes; he said his name was William Rolls, residing at Sunbury—I do not know that his father is an extensive farmer there—I should not like to say all I have heard about him—it was the second time I ran out that Bidy spoke to me—I think the prisoner must have been quite three minutes outside with me, perhaps rather more—I saw the watches swinging immediately I placed the looking-glass on the counter—I was not more than half a minute doing that.

Cross-examined by MR. COCKLE. Q. You did not see King? A. No; I think Bidy gave a description of the man's height he had seen going in and coming out of the shop, to the police—I did not hear the description—I saw King before the Magistrate—I cannot tell what his height is. MR. O'BRIEN. Q. How soon before you were called out of the shop had you seen the gold safe? A. About a quarter of an hour—the watches were safe when I was called from behind the counter by Rolls.

MR. ROBINSON. Q. Did you look at them? A, They were immediately close to me—about ten minutes or a quarter of an hour before Rolls called me out I had sold a man a signet ring, and I put the money into my bag, and the rings are immediately beneath the watches—if they had been disturbed then, I must have seen them—that was the last transaction in the shop before this occurred.

THOMAS BIDY . On 19th Oct., about half-past twelve, I was standing at the corner of William-street, in Knightsbridge, opposite the Albert Gate, about three yards from Mr. Killick's shop—I saw both the prisoners together—they passed by me abreast, went about six yards from me on the kerb, and stood together five or six minutes, about two yards and a half from Mr. Killick's shop, with their backs towards it, like men in conversation together—they then turned round and looked hard at me, as if they knew something of me—I had never seen them before, but I stared at them—I then saw Rolls turn to his left and go to Mr. Killick's door, and King walked leisurely towards the window in Knightsbridge as a person going to look at anything—I saw Mr. Killick come out and go with Rolls to look at some glasses under the window in William-street, and while they were so doing, I saw King walk leisurely into the shop, as a person going in to buy—I should say he might have been in a minute ora minute and a half, I cannot say exactly when I saw him come out, and he turned to his right and walked off at a brisk pace towards Hyde Park-comer—in about a minute I saw Mr. Killick go into his shop and Rolls follow him—he had been in the shop about a minute or a minute and a half, when I saw him come out again and run into the next shop in a frightened manner, like a man excited—he appeared alarmed, as if something was the matter with him—as he ran out I said, "Is anything amiss?" but he did not hear me—when he came out of the shop again, Rolls was outside—I said,

"Is there anything amiss?"—he said, "I have lost three gold watches"—Rolls was standing close by, about a yard away—I said I saw a man go into his shop and come out again during the time he was with Rolls at the looking-glasses; and I said, "That man," alluding to Rolls, "must know something about it, for he was in conversation with the man that went into the shop before he called you out to look at the glasses"—I did not hear Rolls say anything to that—Mr. Killick ordered me to get a policeman, and I went and got one—Rolls was stopped, crossing the road—I saw Mr. Killick take him by the arm and detain him.

Cross-examined by MR. ROBINSOW. Q. You did not hear Rolls say that he knew nothing about the robbery? A, No; I swear that—I was standing about two yards and a half from Mr. Killick's door—there is only one door to the shop, and that is at the corner—I continued standing there the whole time—Mr. Killick passed me when he went to the butcher's next door—the two men, stared very hard at me, when they passed me; I thought that a little singular; they talked together on the kerb—I was at the corner and they were six yards further on, on the same side of the road—I am a labouring man, one of Her Majesty's enrolled pensioners—I have been in the array and have 18l. a year—I am liable to be called on to re-enter the service—it is six years and a half since I served—I am called on for twelve days every year now—I have worked for Mr. Suttaby, the auctioneer, and Mr. Taylor, about twelve months ago, and three months ago I worked two months at the Egyptian Hall; that was the last regular work I had—I work at anything I can get; sometimes at beating carpets, cleaning windows, or running with letters for gentlemen—Mr. Newton, the solicitor, often employs me—on this morning I was looking out for a job—I have never been a caiman, and never drove a cab—I know as much about horses as a horse knows about me—I have never been waterman at a cabstand—I have jobbed on and off for Mr. Newton, I dare say twelve months—I live at Mr. Steven's, 12, Bull Inn-court, Strand—I was a non-commissioned officer in the army, but was discharged a private—I only know Mr. Killick by seeing him and his shop—I never spoke to him before this time.

Cross-examined by MR. PARRY. Q. What was the job at the Egyptian Hall? A. Turning the cylinder, for Mr. Banvard's panorama of American scenery—that is the only regular job I have had for the last twelve months—before that I worked on the roads for St. George's parish; not at breaking stones, but laying stones, repairing and cleaning—I was paid as a workman—I dare say that is two years ago—the work at Banvard's was too heavy for me; I cannot do heavy work—I have had fifteen years out in a hot country—it was two hours twice a day, without leaving off—I was eighteen months employed at mending the roads for St. George's parish—I did not see King after the transaction till 6th Nov., about eighteen days after—he was then in Worship-street station-house—Morrell came for me, and told me, he had got a man in custody, and wanted me to look at him to see if I knew him—he did not say he had got the man in custody who robbed Mr. Killick—he said nothing about Mr. Killick—I suspected what it was about—he found me in Mr. Killick's shop—I had been told that Rolls's examination was not coming on, and went to Mr. Killick's to see if it was correct—I had given Mr. Killick my address—I never saw Morrell before that day—I had never described the man to him—when I went with Morrell, King was sitting in a chair by the fire—I cannot say whether he had just been apprehended—I knew him as soon as I went in—he was not dressed as he was when I saw him before—both the prisoners were dressed like gentlemen then—King had not a flannel jacket on—the moment I got in I recognized him without any hesitation—I

had said it was a man I believed to be about five feet five and a half high—I am sure I did not say he was five feet five one-eighth—looking at him now I should say he is about five feet two, but then a person standing in boots and with a hat on makes a deal of difference—any man can put an inch on in standing.

MR. O'BRIEN. Q. How long have you been in her Majesty's service? A. About twenty years; King had a coat something similar to my own, only rather cut off round; it was a dark frock-coat—I cannot say whether he wore boots—I have not the least doubt he is the person—sometimes a man will stand two inches taller in boots and with a hat on.

WILLIAM MORRELL (policeman, N 185). On Friday, 2d Nov., I went to the House of Detention to see Rolls, and from seeing him, I knew the whole of his companions, and, in consequence, I took King at the skittle-ground of the Royal Oak, in Bird-cage-walk, Bethnal-green—I had been looking for him some days—I had seen King and Rolls in company together, almost every night, for five or six weeks previous, and in the daytime too—I have sometimes followed them for hours together—when I apprehended King, he was dressed as he now is, but I never saw him in that dress before—he used to wear a black frock-coat, or a very dark-green shooting-coat, a black hat, and black handkerchief, with coloured ends—he was always well-dressed—I am always in plain clothes—I said, "King, I want you"—he said, "Whit for?"—I said, "For stealing some watches from Knights bridge"—he said,"I know nothing about it"—I said, "You must come along with me"—he said, "Very well, so help me Jesus Christ I know nothing about it"—I searched him, and found a silver watch, two half-crowns, a penny, and a bad halfpenny on him—I observed that the maker's name had been erased from the watch—I have not been able to find the owner.

Cross-examined by MR. PARRY. Q. Is it Mr. Killick's watch? A. I believe not; Mr. Killick says it is not—I had some days before received a description of King with reference to this business—I cannot say who from—I had seen an inspector of the B division—I had not received any information from Bidy—I did not see him till I had apprehended King—I then saw him in Mr. Killick's shop, and told him I wanted him to come down to the Hoxton station to see a party that was in custody there—when we got there, King was sitting in a chair opposite the fire with another party—I rode to Hoxton inside the omnibus with Mr. Killick, and Bidey rode outside—when Bidy saw King he identified him immediately, without any hesitation whatever.

DAVID CRIPPS (policeman, N 340). I generally go about in plain clothes. I know both the prisoners—before 19th Oct. I saw them together several times—I never saw King dressed as he now is till he was taken—he used to have a coat with pockets at the side, and a Paris-napped hat, and I have seen a ring on his finger—I should say I saw them together at different times, in different parts of town, for eight or nine weeks before 19th Oct.

THOMAS CARMODV (policeman, B 148). On 19th Oct., Rolls was given into my custody—on searching him I found thirteen sovereigns, 2l. 13s. 6d., in silver, a silver watch, which was going, a plated chain, a gold ring, a pocket-book, and two knives.

ROLLS— GUILTY . Aged 24.

KING— GUILTY . Aged 21.

Transported for Ten Years.

26th November 1849
Reference Numbert18491126-121
VerdictNot Guilty > unknown

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121. WILLIAM ROLLS , ROBERT LLOYD EVANS , and WILLIAM RICHARDSON , stealing 1 watch, value 30l.; the goods of John Walker and another, in their dwelling-house.

MR. O'BRIEN conducted the Prosecution,

WILLIAM WILCOX . I am assistant to Mr. John Walker, who is in partnership with Mr. Brown; the shop forms part of the dwelling-house, and is in the parish of St. Mary, Whitechapel. On 6th Oct., about a quarter to twelve o'clock, the prisoners, Rolls and Evans, came to the shop-door, and asked me the price of a brooch in the window—I cannot say which one spoke; the price was not marked—I went outside the shop, and they took me to the further end of the window from the door, and pointed to two black brooches on a card; they were about two and a half yards from the door—I was out-tide with them about a minute and a half—I told them the price, and they pointed to some more brooches, not black, and asked the price of those; they seemed scarcely to know what to point to—I told them the price, and then returned to the shop-door—I bad left no one in the shop—when I went in I found the boy Richardson standing in front of the counter—he asked for a box of Mordan's leads, and while serving him, Evans returned into the shop, and asked if we had any sixpenny brooches—I said, "No"—I am sure it was one of the two men that had previously drawn my attention to the brooches outside—he came very near to where Richardson was standing—when I told him we had none, he made no remark, but left the shop directly—after I had served Richardson, he also left the shop—about half-au hour afterwards I missed a gold watch, worth twenty-eight guineas, out of a glass-case behind the counter, fixed up against the wall; it was shut, but not locked—I had seen that watch the day previous; a person must have walked round the counter to get it—I next saw Evans on 27th Oct., at the Westminster Police-court, when Rolls was in custody, and being examined—Evans was standing among the bystanders—on seeing him I told my master that I identified him as being one of the. men I had seen outside the shop, and he told the inspector, and he was taken into custody, and charged—looking at him now, I believe him to be the man that was with Rolls, but from what I have heard, there is a doubt in my mind—I have not the slightest doubt about Richardson—I would not speak positively as to Rolls.

Cross-examined by MR. CLARKSON. Q. I believe Evans has been twelve days in prison on this charge? A. I believe be has—he was then admitted to bail, and has surrendered to-day—the policeman took up another person in the Court before he took up Evans—that was not at my suggestion; I pointed out Evans, but he went in and brought out another person first—I did not go in with him.

Cross-examined by MR. COOPER. Q. You had never seen Rolls before? A. No; I have said more than once that I could not swear to him.

MR. O'BRIEN. Q. Were you inside or outside the Police-court when you gave the constable information with regard to Evans? A. Inside; the inspector gave orders to have him taken—the officer went among the persons and brought out the wrong man, and I said, "That is not the man"—it was not the man I had pointed out—the inspector said, "You go in and point him out"—I did not give any description of the man—I pointed him out from where I was standing.

JOHN WALXER . On Monday, 6th Oct., I wound up the watch that was stolen, at half-past ten o'clock—I remained in the shop from then until half-past eleven; I then left—I do not recollect having any customers in that hour—my house is in the parish of St. Mary, Whitechapel—the shop is part of the dwelling-house.

DAVID CRIPPS (policeman, N 340). In consequence of information that Rolls was in custody, on 1st Nov. I went to Mr. Wilcox, and went with him

to Kingsland road, where I found Richardson; he was in the street alone; it was about a quarter to six—I took him to the station, searched him, and found on him a watch and chain, three gold rings and a pocket-book.—I had seen him and Rolls in company together, for eight or nine weeks, with a man named Montro, who is now serving eighteen months—I have known Richardson these four years—when I took him he was dressed as he is now—I have seen him in a different dress—I produce other clothes which he has been in the habit of wearing in different parts of the town; I have seen him in them.

Cross-examined by MR. PAYNE. Q. How can you know them to be his? A, By the peculiar cut—I have seen him in them day after day—I do not know that the articles I have produced have anything to do with Mr. Walker's watch—I am not aware that Mr. Walker claims any of them—I have no doubt they are the produce of other robberies—I got these clothes at Richardson's lodging, I have seen him go there frequently.

COURT to WILLIAM WILCOX. Q. With regard to Rolls, you said originally that you believed him to be one of the two men; do you entertain any doubt on the subject? if you do, state it. A. I have a doubt; I only saw his face for a second, and I did not see him again till three weeks afterwards—I was a minute and a half outside the shop with him, but my attention was directed to the brooches; I did not look at his face; I had no suspicion—I cannot speak to him with any degree of certainty—I discovered the loss about half an hour afterwards—nobody had been in the shop from the time Richardson left till I missed the watch—Mrs. Walker, the servant, and three children were up-stairs.

MR. CLARKSON (for Evans) called the following Witnesses:

WILLIAM PEEL . I am the driver of the omnibus that runs from Sunbury to London. It arrives at the Goose and Gridiron, St. Paul's Churchyard, at a quarter-past ten in the morning, and leaves on its journey back to Sunbury at twenty minutes before eleven—the prisoner Evans was the conductor of that omnibus, and has been so upwards of two years—the omnibus clears London, that is, the White Horse Cellar, about five minutes past eleven. On 6th Oct. I drove the omnibus, and Evans conducted it—we left St. Paul's Churchyard at the usual time, and arrived at Piccadilly at our usual time-Joseph Clark was time-keeper there that day—Evans never left the omnibus from the time we left St. Paul's Churchyard till we got to Sunbury at half-past one—our route is through Hammersmith, over the Suspension-bridge, through Barnes and Mortlake, not near the Whitechapel-road.

Cress-examined by MR. O'BRIEN, Q. When was your attention first called to the date of 6th Oct.? A. I cannot charge my memory—it never happens that we have a different conductor return from the one that comes up—no man acts as a substitute; it is the custom with the Richmond Conveyance Company for every man to ask permission of the manager before he is allowed to leave his situation—if he wanted to go away for a day he would ask overnight at Richmond, so that it would be known before we came up—he cannot leave the omnibus after it leaves Richmond, that would be more than his place was worth—the manager lives at Richmond—I have seen Rolls—I know nothing of him—I have seen him at Sunbury—I do not think he came up by my omnibus on 6th Oct.—I cannot say the day when I went before the Magistrate—we make two journeys between London and Sunbury in the day—we leave the Belle Sauvage at half-past six in the evening.

COURT. Q. Have you the recollection of seeing the prisoner on 6th Oct, or only that in the course of his duty he ought to have been with you? do

you recollect his performing his duty on that precise day? A. I do; because I recollect, as we went into Sunbury at half-past one, the postman holding up a letter and I pulled up, and be gave it to Evans—what makes me recollect it so particularly is, because Evans spoke to me over the bus respecting the contents of the letter—it was about some money that was left to him.

JOSEPH CLARK . I am time-keeper to the Sunbury omnibus, stationed at the White Horse-cellar, in Piccadilly. The Sunbury omnibus on its way out stops there at eleven o'clock—I remember 6th Oct., Evans was the conductor of that omnibus that day—I have known him a year and a half—I saw him, and spoke to him that day—I have a book here in which I enter the time the bus goes away, and the passengers they carry, and the name of the conductor (producing it)—this entry was made at the time—it is the book in which I regularly kept the name of the conductor every day—I left the service on Sunday morning, the 7th, as this occurred on the Saturday, so it was the last entry I made—the previous entries were made in that way—his brother John's name is put first, as conductor of the Kingston bus.

Cross-examined. Q. How many entries are there in this book? A. I do not know—I gave up the book to the young man that took my situation—I put down the number of the bus—Evans' was 7201, and his brother's 6988—the book was not torn when I gave it up—I have not torn out any leaves—I am quite sure I saw Evans on that day—I did not put down his name when he first came up that day; I never do—we are not ordered to do so-only in going down.

COURT. Q. Can you explain why the leaf before this has been torn out? A. The man I gave it up to has torn all the leaves out except this one—his name is Chevel; he is outside.

WILLIAM PERL re-examined. Evans returned with me from Sunbury, on my last journey—he never left me at all—it is not the duty of the timekeepers to take the numbers of the bus coming up, but in going down they take the number of passengers, both inside and out, and the coachman's and conductor's names.

COURT. Q. Have you frequently brought Rolls up by the omnibus? A. Not frequently; I have occasionally—I do not think he came up on 6th Oct., 1 could not swear it—when I have brought him up, I have not taken him down again in the evening—I arrive at Sunbury at half-past nine at night—we make two journeys a day, eighty miles—I did not take Rolls back that night.

MR. CLARXSON. Q. Does Rolls' father happen to be a respectable man? A. As far as I know, he is; he lives at Sunbury—the rumour of Rolls being taken up excited a good deal of interest there; several of the Richmond people came up to hear the inquiry on the 27th—it was Evans' duty to be with the omnibus that day, but he asked permission of the manager to be absent, and another man was put in his place—he did not assign any reason, and I was not aware he was going to the Police-court—it was Evans' custom to make out the way-bills on his return to Sunbury after each journey—the way-bill contains the number of passengers and parcels, and they are handed to the book-keepers at the different offices, and they make the entries.

JOHN COSTELLO . I am manager of the Richmond Company's Sunbury omnibus—Evans has been conductor of it about two years and a half—I have no recollection of the omnibus coming in on 6th Oct., but I am always at Richmond at the time it arrives, about a quarter-past twelve o'clock—here is the way-bill of the omnibus, of 6th Oct.; it is made out by the conductor after each journey—this was handed to me by the book-keeper that night

or the following morning—I know that Evans was with the omnibus that day—I have a memorandum of it—I have an entry which I make in a book every day and send to the auditor—I made it next morning, before breakfast—I have a personal recollection of the fact, that he was working that day—I gave him permission to be absent on the 27th; he had asked me on the afternoon previous—he did not give me any reason.

Cross-examined. Q. How do you know that he came back with the omnibus at a quarter-past one o'clock? A. From my own handwriting, a report which I am obliged to make that I see the conductor at work—the conductor accounts to the book-keeper for the money he receives—I am sure I saw Evans at Richmond, at a quarter-past twelve that day.

COURT. Q. How much does a conductor lose by getting a substitute, and not going himself? A. He would have to pay the half-journey to the man put in his place—his wages were 24s. a week for seven days—it was the middle journey that he had asked to be absent for—he worked the omnibus up in the morning, and was to have returned in the evening—his brother is engaged by the same Company—I do not think he is much like the prisoner; he is much stouter.

----COLLETT. I am postman, at Sunbury. On Saturday, 6th Oct., I had a letter for Evans from nine in the morning till half-past one o'clock, when I gave it him on his omnibus, near the Church, at Sunbury—this is it; it bears the London post-mark of 5th Oct., eight at night—he had gone to town before I had it, in the morning.

Cross-examined. Q. Did you know where he lived? A. Yes; but he had requested me, some months previous, when I had letters for him, to keep them for him, which I had done once or twice, and I, thinking it applied to all letters, kept this one.

WILLIAM GRIBBLE . I am of the firm of Sirr and Gribble, solicitors, in Lombard-street. I wrote this letter to the prisoner Evans on 5th Oct., and my clerk addressed it; it was to request him to come up on the following Tuesday, to receive 248l. from his mother-in-law's estate—there would be nothing extraordinary in his having money in his pocket on 15th Oct. (Evans received a good character.) NOT GUILTY .

26th November 1849
Reference Numbert18491126-122
VerdictNot Guilty > unknown; Guilty > unknown

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122. WILLIAM ROLLS and ROBERT LLOYD EVANS were again indicted for stealing 21 sovereigns; the moneys of Richard Stephen Waylett. MR. O'BRIEN conducted the Prosecution.

RICHARD STEPHEN WAYLETT . I am a jeweller, of 233, Oxford-street; it is my dwelling-house, and is in the parish of St. Marylebone. On 16th Oct., about twelve o'clock in the day, I was behind the counter; Rolls opened the shop-door, and said, "Will you come and tell me the price of a bracelet outside?"—he held the door in his hand—nobody else was in the shop—I went out—the tray he pointed to was at the extreme end of the window—I was outside about a minute—as I returned, the prisoner Evans, who was just by the door, asked me the price of a set of studs—he seemed to be inclining from the door, as if he had come from the shop—he was dressed in lighter clothes than he is now—I went behind the counter, and in a minute or two examined the till—nobody was in the shop—I had had about four sovereigns there; I only found three—neither of the prisoners went into the shop, that I saw—I had taken the four sovereigns four or five minutes before, and no customer had been in since—I opened a drawer, where the cash-box was, and missed fifteen out of the seventeen sovereigns from the tray—I had seen them safe about ten minutes or a quarter of an hour before the prisoners came, and

had not left the shop in the interval; nobody could have taken them till I was called out; I was behind the counter the whole time.

Cross-examined by MR. COOPER. Q. Were people passing in great numbers? A. Yes—I am not often called out by customers—the prisoners could have got the information within—I never saw either of them before—it was ten days before I went before the Magistrate—I had seen a variety of people in the interval.

Cross-examined by MR. CLARKSON. Q. Evans was not given into custody on your information? A. No; a great number of witnesses were called before the Magistrate, to show where he was.

COURT. Q. Was your doubt from the recollection of the person? A. It was because respectable people come forward that I should feel myself mistaken—in my own mind that is the man—Evans merely asked the question, and I answered him—I am positive of Rolls—if there were witnesses to prove he was elsewhere I should say they were mistaken.

THOMAS CARMOOY (policeman, B 148). Rolls was given into my custody on the 19th—I found thirteen sovereigns, and 2l. 13s. 6d. in silver, on him—I searched Evans on the 27th, and found nine sovereigns, 2l. 7s., 6d. in silver, a silver watch, pencil-case, pocket-book, knife, and an omnibus conductor's-badge, in his pocket. MR. CLARKSON called

WILLIAM PEEL . On Tuesday, 16th, Aug., I acted as driver to an omnibus—Evans was conductor that day—we started from the Goose and Gridiron, St. Paul's-churchyard, at twenty minutes to eleven o'clock, and got to our journey's end at half-past one, and he was with me then—he did not leave before we got to Sunbury—I saw him at Hammersmith, when we changed horses at the Duke of Sussex; that was at a quarter to twelve.

COURT. Q. How long do you stay at the White Horse-cellar? A. Sometimes it takes more time, as loading parcels is sometimes rather more, but about ten minutes—he could not go from there to Oxford-street in ten minutes, and he would be obliged to go and get his way-bill.

Cross-examined by MR. O'BRIEN. Q. Have you any recollection of the day? A. Yes, I recollect it well, because while we were changing horses I and the landlord's son went and had a glass of stout each, at a quarter before twelve o'clock—I knew Rolls lived at Sunbury; he was a Conductor to the Richmond conveyance omnibus, belonging to the same Company—I never drove him; I have known him two or three years—Evans has been a conductor two years—I have known him upwards of two years and a half.

JOHN SEWELL . I am barman and book-keeper, at the Goose and Gridiron. On 16th Oct., at twenty minutes before eleven o'clock, the omnibus left there—Evans was with it.

COURT. Q. What enables you to speak to Oct. 16th? A. From a parcel I gave him; here is the memorandum of it, which I made at the time, in this book (producing it). EVANS— NOT GUILTT .


26th November 1849
Reference Numbert18491126-123
VerdictGuilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment

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123. WILLIAM ROLLS and WILLIAM RICHARDSON were again indicted for stealing 4 sovereigns, and 2 half-sovereigns; the moneys of Thomas Prince, in his dwelling-house.

MR. O'BRIEN conducted the Prosecution.

CHARLOTTE PRINCR . My husband's name is Thomas; we conduct a fancy bazaar, at 35, Bedford-row, Walworth-road; it is our dwelling-house, and is in the parish of St. Mary, Newington. About the 14th or 15th Oct., three persons came into the shop; the prisoners are two of them—I and a lad,

sixteen or seventeen years old, were in the shop—the man who is not here engaged the lad's attention—the boy said, "This gentleman wants to look at a fancy article"—Rolls asked to look at some silver pencil-cases—showed them some—Rolls took up two or three, put them down again, and turned abruptly to the other side of the counter, where there were various goods—he did not look at anything, but the other man said, "What is the price of this black brooch?"—it was under a case—I took the silver pencil-cases away—the third man took the lad outside the shop—I thought Rolls was going out with them—the instant they went I missed 5l. in sovereigns, and two half-sovereigns, from a little round ivory box in the till, which contained 15l.—I had put a sovereign and a half-sovereign into it, which I had taken of a customer just before they came into the shop—there was 6l. or 7l. in silver in the till; I lost none of that—Rolls bought a pocket-book, and paid 1s. for it—no one had come in before I missed the money.

Cross-examined by MR. PAYNE. Q. Had any females been in the shop? A. Yes, just before—I know it was gold I received from them—it was nearly a month afterwards when I saw Richardson again—he was not more than five minutes in the shop—my lad was in the shop part of the time—the man took him outside, and I thought the man was going to return, but instead of that he was gone off with the money—the till is round a corner—I stood just by it; it was not more than three yards and a half from where the boy stood—he must have gone there when I went to the bottom of the shop to show Rolls the fancy article, but it was but for an instant—there was no one but them on the spot—the third party was outside the shop part of the time—they came in together, but went all separately—I gave a written description of the prisoners—Richardson was dressed much as he is now—I had never seen him before.

DAVID CHIPPS (policeman, N 840). On 1st Nov. I took Richardson, and found on him this watch and chain, 17s. 7d., a pencil, and this pocket-book—I have known him about four years and Rolls about nine weeks, and have seen them four nights out of the seven, and mornings too—this is Richardson's cap (produced)—I have seen him frequently in it

MRS. PRICE re-examined. To the best of my recollection this is the pocket-book I sold to Rolls—I knew this cap directly I saw it.

Cross-examined. Q. Is there any mark on it? A. No; there are a great many like it—I am not quite sure that this pocket-book is mine; I only believe it is.

COURT. Q. Are you certain there was 5l.? A. Yes; I had counted 5l. when they came in, and still had the till in my hand—I did not take it out of the box—I roughly counted it.

ROLLS— GUILTY . Aged 24.— Transported for Ten Years more.

RICHARDSON— GUILTY . Aged 15.— Confined One Year.

NEW COURT.—Monday, December 3d, 1489.


Before Mr. Common Serjeant and the Fifth Jury.

26th November 1849
Reference Numbert18491126-124
VerdictGuilty > unknown; Not Guilty > unknown

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124. THOMAS MACDONALD , MARY MACDONALD , and MARY FOX , stealing 1 purse, value 1s., and 69 sovereigns; the property of Thomas M'Gauran, from his person.

MR. BALLANTINE conducted the Prosecution,

MARY HOGAN . I am the wife of Patrick Hogan, of White Lion-street, Chelsea. I know a man named M'Gauran; he was called Father M'Gauran, because he was an old man—he lodged at M'Donald's, the prisoner, in Bolton-gardens, Chelsea—I saw him in my house about seven o'clock on 24th Sept., after he returned from the French ambassador's; he said he had his money—he did not show me any—I saw him next morning, between seven and eight; he was passing my door running, and calling out; he came to my house between ten and eleven that day—I lost sight of him after that.

THOMAS M'GAURAN . I teach English and French, in France—I had nothing to do in this country; I lodged at M'Donald's—I went to the French ambassador on a Monday; I believe it was 24th Sept.—I there got seventy sovereigns; new ones, I believe—I went to my lodging, in White Lion-street, Chelsea—after I had had my tea, I went out; I saw Mrs. Condon—I had my money when I saw her—about two or three o'clock in the morning, I went into M 'Donald's house with other persons—I had my money with me—I went to sleep a little before seven; I had been awake all the night, up to that hour—I was not drunk; I had been drinking, and was sick—when I fell asleep,)M'Donald and his wife were in the room, and Mrs. Fox I suspect, but I do not know—I awoke about a quarter-past seven; Thomas M'Donald was in the room, a shoemaker named Wainwright, and Fox; my money was then gone—it was all right when I went to sleep, and was in a purse.

Cross-examined by MR; PAYNE. Q. You went away yourself? A. Yes, and returned in Nov—I cannot be accurate as to how long that was after I lost my money.

COURT. Q. What did you go away for? A. When I found my money was gone, and knowing this woman to be such an arch villain, I gave up every hope of recovering my money, and then I left the place.

CATHERINE CONDON . I am a widow, and live in Chelsea. On 24th Sept., when the Irishman came home from the French embassy, I saw him before he went to M'Donald's; he came with his money—I did not see the money, but I saw a purse full—I was with him in a public-house, and had a glass of ale in his company; that was close upon eight o'clock—I saw him again that night, between one and two—I left him in Mrs. M'Donald's company—Mr. M'Donald was not there; he was not willing to go with her—he screamed out, and she came out and laid hold of his neck and said he should come home with her—she knew he had money—she told me he had got the money—she took him home with her—he appeared sober—he was sick when I brought him out of M'Donald's—I brought him out there, and she followed and took him back—I called a policeman—I took him, to take him to his own lodging.

Cross-examined. Q. What are you? A. A widow of two husbands—I saw M'Gauran sick in M'Donald's, and they kicked up a row—I spoke to the policeman in Queen's-row, but he did not take any notice; he said he would lock me up—I wanted to get M'Gauran home, not to my house—I wished to see him safe, as I had been in his company—I was not acquainted with him before—I saw a purse, full of something—I told him Mrs. M'Donald was outside, waiting for him—he said, "It is no use her being outside; the value of a halfpenny she won't get from me."

ELIZA BERRY . I live at 20, Queen's-row, Chelsea. I am married, and keep a shop—I know Father M'Gauran well: he used to be at M'Donald's—on Monday night, 24th Sept., about eleven o'clock, before I closed my simp, Mrs. M'Donald came in; she said what an unfortunate thing it was that

"Father" had left her; that she had kept him nine months, and during that day he had received his money and was in at the Royal public-house—I told her she had nothing to fear; I had no doubt but that Father would pay her—she owed me six shillings odd; it has run up to twelve shillings since—I was near M'Donald's house about two, that night; I heard a row between two women—I did not see M'Gauran there—Mrs. M'Donald came next morning, between eight and nine, to pay the bill—she had some other money in a purse; I cannot tell how much—she threw thirteen or fourteen sovereigns on the counter, and out of them she gave me six to take care of, which I have given up—she said that Father gave her the money.

Cross-examined. Q. Has she always borne a good character? A. Yes; and her husband likewise.

MR. PAYNE to THOMAS M'GAURAN. Q. Did you want Mrs. M'Donald to go to France with you? A. Certainly not; I stopped with her from the latter end of Jan. to the middle of Aug—there was no stipulation made as to what I was to pay her—I told her I should recompense her when I got my money—I did almost every menial duty in the house—I was living with her all the time—I did not give her any money—I would have given her about five pounds.

ANN TAFSON . I was in the station-house, at Chelsea. On 1st Oct., Mrs. M'Donald was there; she gave me a purse, containing thirty-nine sovereigns and a half, to take care of—I gave it to the female-searcher.

Cross-examined. Q. Are you unfortunate? A. Yes; she told me to take the money to her husband.

MARK LOOME (police-sergeant, B 11). This is the purse; it has thirty-eight sovereigns in it—I received thirty-nine sovereigns and a half from the female-searcher—the other constable received six sovereigns from Berry, and the landlady has three sovereigns.

THOMAS M'GAURAN . This purse is not mine.

MARY M'DONALD— GUILTY . Aged 32.— Confined One Year


26th November 1849
Reference Numbert18491126-125
VerdictGuilty > pleaded guilty; Not Guilty > unknown

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125. WILLIAM HILL , DANIEL DALEY , and JOHN FOLEY , stealing 13lbs. of cheese, value 7s.; the goods of Henry George Summers: to which HILL pleaded GUILTY .* Aged 16.-- Confined Six Months.

MATTHEW JOHN BAILEY. I am foreman to Henry George Summers, of Great Chapel-street, cheesemonger. On 30th Oct., he had some cheese safe about seven o'clock—I missed it soon after eight; this is it—I can swear to it.

EDMUND BUCKLEY (policeman, B 131). On 30th Oct., I saw the prisoners coming in a direction from the prosecutor's carrying something between them, which they were trying to conceal from my view—I cannot say which had it; they turned into a dark passage—I followed them to Jeffry's-buildings—I went into the parlour of No. 8, where I saw Hill with the cheese on his knees; I asked him where he got it from; he made no answer—Foley stood close to him, and Daley was in the passage, and he said, "Here is the copper"—meaning the policeman—Hill said at the station that Foley gave him the cheese. NOT GUILTY .

26th November 1849
Reference Numbert18491126-126
VerdictNot Guilty > unknown

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126. GEORGE JENKINS , stealing 2 printed books, value 5s.; the goods of Thomas Walker, his master.

THOMAS WALKER . On 12th Nov. I missed a printed book; I spoke to the prisoner about it—on 13th I missed a second; I spoke to the prisoner, he denied that he had either of them—I suspected him of taking them; I

kept him till the Saturday night—I asked him again if he had the books; he denied it still—I told him I should not give him his wages till he brought them; he went away and brought one of them back.


26th November 1849
Reference Numbert18491126-127
VerdictNot Guilty > unknown

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127. JAMES MILLER , embezzling 20l. 10s., of William Pawson, his master.

MR. PARNELL conducted the Prosecution.

WILLIAM PAWSON . I live in Southampton-place, Euston-square, and am a pianoforte-maker. The prisoner was introduced to me in July, at a commission-agent—he told me he had got a customer at Brighton for a rosewood cottage-piano—I told him the price was 24l., and he was to have 10 percent, commission; it was to be sold for ready money—I sent it down to Brighton on 18th Aug., and he said he would send me the money on the following Saturday—about a fortnight afterwards I received this letter from him—I have seen his writing, and know this to be his writing—(This letter stated that the parties would not pay cash, and requested the witness to draw on the prisoner at three months)—I answered it the day I received it, and saw the prisoner next day—I told him I could not take his acceptance—I asked him where he had sold it; he would not tell me—I proposed to draw on the parties to whom he had sold it—he said it would make it very unpleasant to him—I saw him several times after that—I received 2l. from Mrs. Miller—I had not heard the circumstance under which it had been sold till afterwards.

Cross-examined by MR. BALLANTINE. Q. The persons are here to whom it was sold? A. Yes; it was sold with his name on it—to my knowledge I do not know anything more of the prisoner than as an agent for selling pianofortes for different persons—he lives in Howland-street—I did not know that it had been sold at a raffle—he had never sold any for me before.


26th November 1849
Reference Numbert18491126-128
VerdictNot Guilty > unknown

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128. JAMES MILLER was again indicted for unlawfully obtaining of William Pawson, 1 pianoforte, value 24l., by false pretences. NOT GUILTY .

26th November 1849
Reference Numbert18491126-129
VerdictNot Guilty > unknown

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129. ROBERT CARSON , stealing 32 yards of velvet, value 10l.; the goods of Thomas Robinson and others, his masters.

MR. PAYNE conducted the Prosecution.

THOMAS ROBINSON . I am a silk-manufacturer, of Fort-street, Spitalfields. I have three partners—the prisoner was in our employ, attending generally on the duties in the warehouse, and partly serving customers—on 29th Sept. I went into the velvet-room, and a piece of velvet was found by Hallington, in my presence, in a box, under a number of empty boxes—I had asked the prisoner, about two minutes before, if there was any velvet in any of these boxes—he said there was not; they were all empty—he then withdrew—I called the prisoner into the room, pointed to the velvet, and asked what that was—he said, "It is some of my doings"—I asked what he meant—he said lie had sent some of it away to Derby; he believed seven yards, or seven yards and a half—the piece of velvet ought to have been down-stairs, in the selling warehouse—there was a ticket and private mark on it—the piece was thirty-two yards and three-quarters long; it was marked to sell at 6s. 4d., a yard—I examined my stock, and found this piece was missing from the place where it ought to be—I did not give the prisoner into custody then—on the Monday following he said he wished to have an interview with me, and he had made a mistake in stating the length of the velvet he had taken: it was only five yards, and not seven and a half—I had examined the piece of velvet on the Monday, and found ten yards and a quarter were gone, and when the

prisoner said he had only taken five yards I told him it was ten yards and a quarter short, and I asked him whether he had not taken it at twice—I cannot say that he said he had, but he did not deny it—the value of the whole piece of velvet was about 10l—he had no right to send any of it away without asking my leave.

Cross-examined by MR. HUDDLESTON. Q. How long had he been in your service? A. Ten or eleven years—he had never given us a bond—he married the niece of a foreman in our employ—he has been in the habit of getting goods out of our warehouse—the proper course would be to ask me before he took them—two or three years ago I found he had charged himself with articles that he had not spoken about, and I found it necessary to put a stop to it, and gave express orders that nothing should be taken without my permission—he owed me about 10l. for goods he had had, which he was paying off at this time—I never knew him to cut off a portion of velvet, and not ask me, but once, which is about two years ago, and in one instance, which I have found out since—he charged himself with it in the books, but it was when the piece was brought down-stairs to show some customers, he asked me if he might have three yards of it, and I have since found there is four yards and a half deficient—his wife is a dressmaker—I found this out on a Saturday; I did not give him into custody then—he went home on Saturday as usual—he did not come on the Monday till the evening, when he came with his brother; he then went down to Derby—I gave him into custody about a month afterwards—I speak as nearly as I can to the words of the conversation; I will not pledge myself to everything—there was other velvet in that room, but not of that description—I did not speak of any particular velvet; I pointed to these sixty or eighty empty boxes—velvets are kept in that room that are not wanted for sale—the velvet is here—the number of yards is marked on the ticket, thirty-two and three-quarters; that is written by Godfrey, our clerk—I ascertained the deficiency by measuring what remains, and deducting that from the number of yards on the ticket—the number of the piece is 42,333, and by that I was able to refer to the book, and ascertain the description.

GEORGE HALLINGTON . I am Mr. Robinson's errand-boy. I know the room where the empty boxes are kept—about a month before I was in that room with Mr. Robinson, I was there with the prisoner, looking for a box that Mr. Robinson wanted—I saw a piece of black velvet in a box, under some other boxes—I took the lid off, and showed it to him—I told him where I had found it—he said, "Give that to me," and put it into a box, and put the box down by the side of the fire-place, in a corner, and said, "I will see to that"—he put four empty boxes on the top of it, and told me to put the rest on the top of it, and pack them up in the corner, which I did—I told a person in Mr. Robinson's employ, the day afterwards—I went with Mr. Robinson into the room on a Saturday, and found one piece of velvet.

JOHN THOMAS GODFREY. I wrote the ticket on this velvet; it was the proper length of the piece.

Cross-examined. Q. You are a clerk? A, Yes; I did not say to the prisoner, "I know you never intended to steal this velvet, and the prosecutor knows so too"—I said I thought he did not. NOT GUILTY .

26th November 1849
Reference Numbert18491126-130
VerdictGuilty > unknown

Related Material

130. ROBERT CARSON was again indicted for stealing 1 sovereign, 1 half-sovereign, 1 crown, and 2 half-crowns, and other coin, value 2l.; the moneys of Thomas Robinson and others, his masters.

MR. PAYNE conducted the Prosecution.

THOMAS ROBINSON . It was part of the prisoner's duty to pay the wearers—he kept a book to enter the sums paid—I supplied him with the money—he kept it in a desk, of which he had the key—it was his duty to enter the money paid, in this book, called the wages or cash-book, which was cast up once a week—on 1st Sept., here is entered, by the prisoner, "1l.," paid to John Ogle, and "1l." to Frances Williams—the last time the book was cast up, before 1st Sept., was on 25th Aug.—he then had in hand 50l. 1s. 11 1l. 2d.—on 1st Sept., after he bad paid all, there is a balance of 33l. 16s. 1 l/2d. in hand; that is, assuming that he had paid these 2l.

Cross-examined by MR. HUDDLESTON. Q. What is this other book? A. A book which he kept in his own handwriting, as a cash settling-book, and in this there is a balance of 2l. 6s. 6d. in his hand—it was his duty to pay all small bills—with reference to the 33l., I spoke of the weavers' book, but not of the petty cash-book; both the statements were right—the settlement took place once a week—the balance was carried forward from one week to another—this weavers'-book is balanced every week—on the week before 1st Sept. the balance carried forward Was 50l. 7s. 11 1l. 2d., and on 1st Sept. there was a balance of 33l. after the wages were paid—when I paid him money it would not come into the wages'-book, but into the cash-book—I gave him money to pay the wages, and out of that be paid other small bills, and I gave him money afterwards to discharge all these things, separate from the wages—when he wants money he comes to me—the balance is reduced to 2l. 6s. 6d.—the difference he would have paid away in small bills—here is 70l. entered and accounted for on the other side—if he had not enough money to settle the whole, he would not pay it out of his own pocket—I generally paid him by a check, but not always—I have no doubt this 50l. was part of money paid by a check—he would have a great many persons to pay—they came to him for money, and sometimes sent their children—he had to advance money to them once a week on work in the loom—his desk was a moveable writing-desk in my house—no one had access to it but himself—I never looked in it—I never saw the money, but he always undid it when he had to pay money—I have seen him take money out of it; he took it out ordinarily, when he wanted it—I cannot pledge myself to any account before 1st Sept., when I saw him take money from that desk—I saw him very frequently from the 17th to the 21st—he had a great many weavers to pay, and they would draw money on account of the work going on—it was left to the prisoner's discretion to advance money on the works—a man would have a certain quantity of work under his shuttle, and come and say there is so much done, and get a portion of the money—from fifty to a hundred persons would thus draw—I believe they would sometimes send their children, neighbours, or wives—the proper time to advance money was before nine o'clock on Saturday morning—if a man came to the warehouse on other business in the course of the morning he would come and have some—it was always paid at the same place, the box, as we call it.

MR. PAYNE. Q. You said, according to one book, there was 50l. 7s. 11 1l. 2d. in his hand before 1st Sept., and on 1st Sept. 33l. 6s. 1 1l. 2d. to assuming he had paid the 2l.? A. Yes; I then brought forward this other book—out of the money which he had to pay the weavers, he was allowed to pay other bills, and enter it in another book, and according to that book, there would be a balance of 21. 6s. 6d. and if he had not paid the 2l., he would have had 41. 6s. 6d. in his hands—on inquiry I have found out that there was a larger balance than 21. 6s. 6d. in his hands—there was not a balance struck in the weavers' book on the 5th Sept., but among the sums which he says he has paid to the

weavers, there are some he has not paid—that is from inquiry I have made of the weavers—I gave him money on 5th Sept., and he then had a balance of 53l. odd.

JOHN OGLE . I am a weaver, and work for Messrs. Robinson and Co. On 1st Sept., I had work in my hands—the prisoner was in the habit of paying me money—I did not on 1st Sept. receive from him 1l.—my work came to 1l. 19s. 5d—I received the whole of that from Mr. Godfrey in one payment, on 1st Nov.—the prisoner never paid me anything on account of this 1l. 19s. 5d.

FRANCES WILLIAM . I work for the prosecutors—I had work in my hands on 1st Sept.—I finished it about 8th Oct., and took it home—I received 1l. 12s. 7 1l. 2d. from Mr. Godfrey—that was the whole amount of the work I had in hand—I did not, on 1st Sept., or any other time, receive any money on account of that work from the prisoner.

Cross-examined. Q. Have you any children? A. Not young children; I have worked for Mr. Robinson about five years—I have lived in the same house five years—I have never sent any children to draw money.

JOHN THOMAS GODFREY . I paid these sums to Ogle and Williams.

The Jury found the following verdict: " GUILTY of a fraud, bat no evidence whether the money went into the desk."

26th November 1849
Reference Numbert18491126-131
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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131. ROBERT CARSON was again indicted for stealing 1 sovereign and divers coins, value 1l.; the moneys of Thomas Robinson and others, his masters. MR. PAYNE conducted the Prosecution,

THOMAS ROBINSON . The prisoner paid money to different weavers—in this book I find an entry of his on 6th Sept., of 19s. 5d. paid to Benson, who was working for our firm, and on that day he brought it in—I find the name of Rawlings on 6th Sept., and against it is entered 15s.—the previous casting of the book was on 1st Sept.—the prisoner then had funds to the amount of 331. 16s. 1 1l. 2d., but the real balance according to his cash-book was 21. 6s. 6d.—there is no statement of the balance on 6th Sept.—on 8th Sept. the real balance was 11s. 6 1l. 2d.

COURT. Q. Had you paid him any money between the 5th and the 8th? A. Yes, 65l.—on the 5th I paid him 20l.—here is a list of what he paid to the weavers on 5th and 6th Sept., amounting to 41. 10s. 1d.—he paid nothing in the other book after he received the 20l., so that he had 15l. 10s. in hand—I paid him the 20l. in a check.

Cross-examined by MR. HUDDLESTON. Q. You do not know whether some of these made as paid on the 7th were not paid at other times? A. I know nothing but what appears here.

WILLIAM BENSON . I am a broad silk-weaver. I work for Messrs. Robinson—I have been in the habit of receiving money from time to time of the prisoner—on 5th Sept. I received 9s. 5d. from him—he took the money from a bag which was kept in the desk that he keeps his money in—I had received money from him at the master's premises several times before, which he took from the bag in the desk—I got the balance that was due to me on 5th Sept.—I could not demand any more.

Cross-examined. Q. Were you in front of the desk when you were paid? A. The money was taken from the bag and put on the counter, and after the money was paid the bag was put in the desk again—I saw it on that occasion taken out of the bag—I did not see it inside the bag.

RICHARD RAWLINS . I am a weaver, and work for Robinson and Co. I am in the habit of receiving money from the prisoner—on 6th Sept. I took home some work—there was 5s. coming to me—I received from the prisoner

a sovereign, to get change—I returned the change to Mr. Godfrey, and he gave me 5s.

JOHN THOMAS GODFREY . I find an entry in the book in my own writing of 5s. paid to Rawlins on 6th Sept., in the wages book it is entered 15s.

The Jury found as follows: " GUILTY of the fraud, but no evidence to prove that the proceeds of the check went into the desk."— Judgment Respited.

26th November 1849
Reference Numbert18491126-132
VerdictNot Guilty > unknown

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132. ROBERT CARSON , was again indicted for unlawfully obtaining by false pretences, from Thomas Robinson, one order for the payment, and of the value of 25l., 20 sovereigns, 8 half-sovereigns, 4 half-crowns, 9 shillings, and 2 sixpences; his property and moneys.

MR. PAYNE conducted the Prosecution.

THOMAS ROBINSON . The prisoner was in our employ—in the wages-book, on 28th July here is an entry of 1l., in the name of Turner, as paid by the prisoner on 8th Sept. to Pratt 15s., and on the 14th Sept., 2l. to Miles Hale—they were persons who worked for us—I gave him money, on account of the representation stated in this book—on 4th Aug. he applied to me for money, I drew a check for 25l., which was given to a boy named Buckeridge—the prisoner has given credit for the 25l. in his book—I had my account of 28th July then, the book was added up—I paid him that, in consequence of the state of the book—on 10th Sept. I gave him 1l.—that was after these supposed payments—I cannot tell that I bad seen the book at that time—when he asked for the 1l., he said he wanted money for wages—on 21st Sept. I gave him 55l. in gold and notes—I should not have given him these sums, but for the representation that he had paid the sums of money in the book.

Cross-examined by MR. HUDDLESTON. Q. When you gave him the 25l. check you were ill in bed? A. Yes; I had not the book there—he sent in the usual course of business for money—on 10th Sept I gave him 1l., I did not look at the book then—on 21st Sept. I looked at the book, and gave him 55l. in gold and notes—before I gave him that, I looked at the book—previous to 21st Sept. I found his cash account wrong, and on 21st I made him add up his book and strike a balance—I took the wages-book from him and gave him a new one, and after I had done so, I gave him 55l. to pay wages with, that would be due next morning—these payments were all made to pay wages that were to come hereafter.

MR. PAYNE. Q. Was that in consequence of his representing that he had paid moneys before? Yes; I certainly would not have given him the money to pay wages the next morning, if he had not represented to me that he had actually paid away the money given him before.

MR. HUDDLESTON. Q. Do you mean to swear that if you had known that he had not paid these two sums you would have given him the 55l.? A. No; because I had ascertained that these were things he had not paid—I knew that he had not paid some, and I gave him that money nevertheless; but if I had not found out that he had not paid some that he had entered, I should have given him 70l. instead of the 55l. NOT GUILTY .

26th November 1849
Reference Numbert18491126-133
VerdictGuilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment

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133. THOMAS HAYCOCK and WILLIAM BLACKMORE , were indicted for a robbery on James Batt, and stealing from his person 2s., and 7 pence, his moneys: Haycock having been before convicted. MR. PLATT conducted the Prosecution.

JAMES BATT . I am a baker of Peter-street. On Saturday night, 10th Nov., I met two women near Westminster Abbey, and went with them to a house in one of the streets near there—we went in the bottom room—as soon as we got in, Haycock knocked at the door, and was let in by one of

the women—he wanted the money for the room—I told him I had no money about me—he knocked me down, and I knocked him down—Black-more then came in, and Haycock drew a knife, and said he would either have my money or my life—I told him I had no money—he then knocked me down, and Blackmore held me down while Haycock robbed me of two shillings and sevenpence in coppers, in a purse, from my trowsers-pocket—they went towards the light and took the purse with them, and while they were looking at it I went away—Blackmore followed me, and said he would be b—if he would not catch me again—I got away, and saw no more of them that night—on Sunday night I saw Haycock in custody of a policeman—I identified him—I knew him at once—I am sure he is the man, and Black-more is the other.

Cross-examined by MR. PRBNDERGAST, JUN. Q. Had you any money that night? A. Yes—26s. and 7d. in copper—I left home about eight o'clock, and this happened about ten—I did not go to a public-house that night; I went to my sister's, I had nothing to drink there—I had nothing to drink between eight and ten o'clock—the women began talking to me first—they asked me several times to go home with them—I told them I did not want to go to any house particularly—I come from Tetbury in the west of England—when I was going with the women I took this money out of my trowsers' pocket and put it in my watch pocket—I did not know but that I had put it all in—I was not in the room with the women half a minute—I had the. ther 24s. in my watch pocket—I did not know about money for the room—I did not know the habits of these women.

WILLIAM NOWLAN (policeman, B 56). I took Haycock on the Sunday night, at 19, St. Ann-street—I told him he was charged with stealing 2s. 7d. from a man, and threatening his life—he said he knew nothing about it—in going to the station I met Batt—he said," That is the man that took the purse from my pocket and drew a knife"—I produce a certificate of Haycock's conviction—(read—Convicted Sept., 1848, and confined six months)—he is the man.

HAYCOCK— GUILTY . † Aged 23.— Transported for Ten Years.

BLACKMORE— GUILTY .* Aged 20.— Confined Eighteen Months.

26th November 1849
Reference Numbert18491126-134
VerdictGuilty > unknown

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134. ROBERT LAMBERT , feloniously killing and slaying Bridget Hayes. MR. COCKLE conducted the Prosecution.

JANE MARQUICK . I am the wife of Henry Marquick, a painter—we live in Baldwins Gardens, Leather-lane. On the afternoon of 9th Oct. I was walking in Leather-lane, between two and three o'clock—I had to pass Cross-street—I saw the prisoner sitting on the shaft of a brewer's dray which he was driving—I do not know whether he had any reins—he was some little distance from the corner of Cross-street—I had to wait at the corner to allow two drays to pass, his being the last—I noticed a stall with a woman and a boy at it—I called to the woman to get out of the way—she moved a step or two in the same direction the dray was going, more into the street—if she had not done that, the dray would have hit her—the dray on which the prisoner was, passed my feet—I had to move out of the position in which I stood to allow the first dray to pass—I was on the same side that the woman was—when the dray passed me it was close to the kerb—it was a two-wheeled dray—when it came up to the stall the left wheel touched the woman, pushed her down, and she pushed her son who stood at her side—the left wheel then passed over the woman—it dragged her, I should think, a yard and a quarter—when it left her her legs were raised, causing her person to be exposed—I

went and pulled her clothes down, and called to the prisoner twice to stop, but he did not—I saw the dray stop—I believe some one stopped him—the woman was put on a shutter and conveyed to the hospital—I cannot say whether she saw the dray when I called to her.

COURT. Q. How far had she got from the kerb? A. She was two or three feet from the kerb when I called to her, and the same distance when she was struck.

Cross-examined by MR. WOOLLETT. Q. Where was this stall? A. I should think two or three feet beyond the kerb—the woman was standing in the road, behind it—she moved from the dray, not towards it—the stall was broken in pieces, and likewise a pail that stood by the side—I was before the Magistrate: he did not dismiss the case.

DANIEL HAYES . I am the son of Bridget Hayes, who was killed—I was there, and heard Mrs. Marquick scream—it was not very loud—I was further from her than the prisoner was, and I heard it—the dray was coming along, not very fast; it was walking past—the prisoner's legs nearly touched her—I do not know whether the dray moved up—I was knocked down—the stall was knocked down after my mother was.

JOHN COONEY . The prisoner had reins—I took them off the fore horse—there were no reins to the shaft-horse—he was about two feet from the wheel when he was sitting on the shaft.

Cross-examined. Q. How long has he been in the service of his masters? A. Five years this Christmas, in the service of Barclay, Perkins, and Co.—there were two drays before his.

JOHN AYLIFFE (policeman, A 406). I was on duty—I took Bridget Hayes up, and had her removed to the hospital—I stopped the dray—I told the prisoner he must go with me to the hospital—I took the number of the dray—he gave his name, but refused to give his address, saying I might find him at the yard any day—I went, about ten o'clock, and apprehended him—the dray had got six or seven yards from the woman when I stopped him—he told me he did not know anything about it—when I took him in the evening he said it was a very bad job—he was quite stupidly drunk when I took him—the street is eight yards wide—there was plenty of room on the other side for three drays to have passed.

ALEXANDER MACFARLAN . I saw the dray at the time of this accident—there came two drays from Liquorpond-street; the prisoner's was the last—he was sitting on the shaft—the horses were under no control; they went where they pleased, and did what they pleased—the prisoner was sitting on a nose-bag—he was going slowly.

EDMUND ARCHER . I am a surgeon, at St. Bartholomew's Hospital—the deceased was brought in on 9th Oct. in an extremely depressed state—I examined the pelvis, and found it broken—that was the cause of her death.

COURT to ALEXANDER MACFARLAN. Q. How far was this from the corner? A. Eight feet—the man must have seen the woman if his eyes were open—the corner is very wide.

GUILTY . Aged 27— Confined Six Months.

THIRD COURT.—Monday, December 3d, 1849.


Before Edward Bullock, Esq., and the First Jury.

26th November 1849
Reference Numbert18491126-135
VerdictNot Guilty > unknown

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135. ELIZABETH BROUGHTON , stealing 3 rings, value 20s.; the goods of William Lloyd.

WILLIAM LLOYD . I lodge at 146, St. John-street, where the prisoner was servant. On or about 14th Oct. I missed three rings from a drawer in ray room—I did not see them again till last Monday week, at the witness Horton's, 41, Skinner-street, Clerkenwell; this is one of them (produced).

Cross-examined by MR. KETTLE. Q. Who was the tenant of the house you lodged in? A. Mr. Bouch—Mr. Maintree employed the prisoner—she had been living there about nine weeks.

ANN HORTON . I am the wife of William Horton. The prisoner slept two or three nights at our house, with her mother—on a Saturday she brought these three rings (produced)—she told me she had found them on Mount-pleasant—I said she had better not part with them until she saw whether there was an advertisement—on the Sunday fortnight after she brought them, she made me a present of two of them, and I pledged them as my own property—on 24th Oct. she gave me another one to mind, and that I gave to the policeman.

Cross-examined. Q. How long had you known her? A. Between four and five months—I believe the first night she slept at our house was the night she found the rings; at least she did not sleep, we sat up all night, because we went to see the fire in London-wall—I did not ask her to go—we said we were going, and she said she would go with us—we went at ten o'clock, and it must have been past twelve when we got home—there is only one bedroom in our house—the prisoner and I did not go to bed at all the night of the fire—no young man was introduced to the prisoner on the next night, Sunday, at our house—there was a young man there on the Saturday night, Jobs Sutton, who lives at the beer-shop—he is a friend of my husband's—he and my husband went to bed, and we sat up—I did not invite the prisoner to sleep with Sutton, and he did not ask her in my presence—on the Sunday night I put a mattress on the side of my bed, and she slept there; it was on the same bedstead; my husband, me, and she, all slept on the same bedstead—we all three undressed in that bedroom—Sutton did not come that night—I knew she was servant to Mr. Maintree—I knew her mother lived in Crown-court; I do not know how far that is from our house—I cannot say whether it is a quarter of a mile; it may be.

COURT. Q. I understood you at first to say that the prisoner slept with her mother? A. She lodged at her mother's; her mother had nothing to do with our house.

THOMAS BARRETT . I produce two rings, which I believe were pledged by Horton.

CHARLES JOHN MAINTREE . The prisoner was in my service on 6th Oct.—Mr. Lloyd lodged with me at the same time.

Cross-examined. Q. How long had she been in your service? A. About nine weeks; she went home to sleep—I knew she came from the country—I cannot say where. MR. KETTLE called

ELIZABETH JEART . The prisoner is my daughter; she has been is London since the middle of March—she came from Beeston, in Norfolk, where she was in a place two years and three months, and had a good character—I always found her an industrious, steady, honest girl—I did not know of her acquaintance with Mrs. Horton till this happened—I knew she was acquainted with some person—my house is about ten minutes' walk from

Morton's—on the night of the fire she might have come in ten minutes from there—I did not know but what she was at her master's.


26th November 1849
Reference Numbert18491126-136
VerdictsNot Guilty > unknown

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136. ELIZABETH BROUGHTON was again indicted for stealing 1 necklace, I umbrella, 1 knife, and 2 snaps, value 105.; the goods of William Lloyd ; and 1 pair of boots, and other articles, value 5s.; the goods of Charles John Maintree, her master.

CHARLES JOHN MAINTREE . I am a jeweller, the prisoner was in my service. On the Sunday week, before I went before the Magistrate, I had some conversation with her, and told her it would be better for her to confess—the boots produced are mine; they were in my bedroom before I lost them—I also lost six pieces of ribbon, and some velvet, and other things—I have not seen the velvet since—I have seen an apron, which has been cut up; it is my property.

WILLIAM LLOYD . I lived at the house at the same time as the prisoner. I lost an umbrella from the passage, and two necklaces, two gold-snaps, and a fruit-knife, from the same drawer where the rings were—this knife, necklace, and umbrella (produced) are mine, and the same I lost.

ANN HORTON . The prisoner slept for two or three nights at our house—she brought this umbrella on 6th Oct, and told me she gave 1s. 6d. for it—she said she found this knife and the rings, with other articles, in a piece of paper, on Mount-pleasant.

Cross-examined by MR. KETTLE. Q. Did not she sleep at your house on the Friday night? A. Not that I recollect—I swear she did not, or on any other night before the fire—she had the necklace and knife at the same time as the rings.

WILLIAM HONEYWILL . I am a stoker. The prisoner made my baby a present of these coral beads on 6th Oct. NOT GUILTY .

26th November 1849
Reference Numbert18491126-137
VerdictGuilty > unknown

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137. JOHN GALLEY was indicted (with William Anns, not in custody,) for unlawfully obtaining money by false pretences.

MR. CLARXSON conducted the Prosecution.

HENRY BILLSON . I am assistant to George and Robert Barker, pawnbrokers, who have a shop at 91, Houndsditch, and another at 17, High-street, Aldgate—I attend at the Houndsditch shop. On 26th June the prisoner brought this box, (produced, containing a chronometer,) and asked if we took in chronometers—I told him "Yes," and asked him what he wanted on it—he said, "20l."—I said I would look at it, but that was more than we were in the habit of advancing—for any sum advanced above 10l. the Act of Parliament requires an agreement, and it is called a loan—I asked him who it was made by—he said, "Brockbanks"—I said I would take it in-doors, and show it to our managing man—I came back, and told him we could not advance more than 10l.—he said, "Oh! it is a very valuable article, and cost a great deal of money"—I went in again, and our managing man asked the prisoner to step round into a private room, which he did—we then looked at the article again, and asked him about it—I said, "This is a genuine article, I suppose?"—he said, "Oh! yes; it was bought at Brock bank's, and cost 80l."or" 80 guineas"—he was asked if it was an eight-day one—he said, "Yes"—there is an index denoting that—we do not understand them, and did not take it to pieces—I noticed this card on it, and said, "How is it this card of Mr. Carter's comes here?"—he said, "Oh! it has been lately rated by Mr. Carter"—I asked if he had a rate, and he said, "No," he had not

brought it—we then said we would make the advance 12l.—he said he could not possibly take less than 15l., and was on the point of leaving, when he said, "As you won't give more than that, I will take that"—I advanced him the 12l.—if I had known it had never been rated by Mr. Carter, was not made by Brockbank, never had cost 80l., or as many shillings, and was not an eight-day ship chronometer, I should not have lent him the money, nor if I had known what he was—previous to my advancing the money, I filled up this agreement, under the statute, and he read it over and signed it in my presence—(produced and read—"I have this day deposited with G. and R. Barker the following goods: an eight-day ship chronometer, Brockbank, 462, to be held by them as security for the payment of 12l., this day lent to me, together with interest, 15l. per cent., &c. &c. Signed, 26th June, 1849. John Galley, 24, Liverpool-street")—on 24th Oct. the prisoner came again, and brought a silver watch, which appeared to be a chronometer—it was not given me first, but afterwards was brought to the part of the shop I was in—I looked at it, and said, "Oh! this is a regular duffer; who has offered it?"—I went down to where the man was, and said to Mr. Wholstenholm, "Oh! it is the gentleman who brought the duffing chronometer"—Mr. Wholstenholm had the watch in his hand, and said, "We shall detain the watch till you take out the duffing chronometer which you left in June"—the time had then expired, it ought to have been taken away in three months—the prisoner said, "Oh! you detain my watch, do you?"—Mr. Wolstenholm said, "Yes; I shall detain it until you do something about it"—he was about leaving, and Mr. Wolstenholm said, "Before you go, write your name, that we may know who you are," and he wrote on the back of this ticket—(produced and read—"William Anns, 11, Laburnam-terrace, Kingsland—road")—Anns' person was known at our shop for years, and we should not have advanced him money on anything—I had the loan-book got out, and directly he had written it, I opened the loan-book to see what name he wrote there—I said, "You have given the name of Anns now, there, it is Galley; it is a decided fraud"—he made no answer, but left the shop, came back with a policeman, and said to him, pointing to Wolstenholme, "I give that person into custody, for detaining my watch"—I detailed the circumstances to the policeman, and he said he could not do it, he had better summons Mr. Barker before the Lord Mayor—the prisoner said: "Oh! you can't take him into custody?"—the policeman said, "Let us hear the case," and then he said, "Oh! it is a case of fraud, I should give him into custody," and the prisoner was taken—on 26th Oct. I went to 24, Liverpool-street, a coffee-shop—I did not find that the prisoner lived there—he was known as occasionally frequenting it, but had not been there for three weeks—I afterwards went to Anns' premises, 11, Labernum-terrace, Kingsland-road—I afterwards showed this chronometer to Messrs. Brockbank and Co., of Cowper's-court, Cornhill, and found it was never made by them, and afterwards to Mr. Carter, the rater, and found it never was rated by him.

Cross-examined by MR. WOLLETT. Q. How long have you been in Mr. Barker's service? A. Seven years; he is in a large way of business—we have a number of watches in the course of the year and several chronometers, but not a great many—I believe the people in our shop are considered to be very experienced—12l. is not a small sum to advance, taking it to be a valuable chronometer—it is not a saleable thing every day—we have sold chronometers at a sale for 12l., and we have one now we can sell for 10l. 10s.—Brockbank's name is on this—our manager looked at it—perhaps the examination

lasted a quarter of an hour—we had no opportunity of making inquiry about it—we inspected it, and came to the conclusion that we could lend 12l. on it—we are not practical men—it was after a very careful examination—we always look at a thing before we buy it or lend money on it—I will not give any opinion, as to whether I am very anxious to convict in this case—we have had the watch examined, and the watchmaker says the movements are not worth 10s., it is silver—I objected to lend 5l. on it—I do not call all silver watches duffers—they are obliged to put duffing works into silver cases to make them appear gennine—this case is not particularly strong for a chronometer, it would be worth about 2l. as a chronometer—the prisoner did not say Anns was the person's name he got the chronometer from—he gave his own name as William Anns—he wrote that—he said nothing—I afterwards went to the address and found William Anns there, who I have known three years—I do not know whether the prisoner gave that to mean his own name or the man from whom he got it—no one asked him who he got the chronometer from.

MR. CLAKKSON. Q. You looked at it with such judgment as you had? A. Yes; we never had one under such circumstances before.

SAMUEL ELLIOTT ATKINS . I belong to the firm of Atkins and Son, late Brockbank's, of Cowper's-court, Cornhill—this chronometer has "Brockbank, Cornhill, London," and "Brockbank, Cowper's-court, Cornhill, No. 462" on it—it was never made in our house, we never sent it to Mr. Carter—I should be very sorry to give 80s. for it—with the exception of the box and the materials of which it is composed, it is worth nothing at all—as a chronometer it is perfectly useless—if I had it I should not know what to do with it—this index denotes the number of days it goes without winding—upon winding it up this hand should return to the word "up," which indicates that it is fully wound up, and it would return back day by day as it ran down—there should be a wheel within, in connection with the index to operate upon it—there is a wheel inside, but it has no connection at all with the index; it is placed there for imposition more than anything, it has no connection with any part of the work—when it was left with me the hand was at the word "wind," as if it had gone down seven days—I wound it up, and the hand remained where it was—I took it out of the case, and found that it was not connected with the wheels—it went four or five hours, and lost between forty and forty-five minutes—in my judgment it was made to deceive, it has no chronometical properties about it—the dial is similar to ours—I have looked at the watch, it is something of the same character—there is no other firm of Brockbank and Co.

Cross-examined. Q. How many persons have you in your establishment? A. Five; we are not frequently changing hands—I have been there twenty years and there has been only one change, that was seven years ago, and that man discharged himself—I cannot swear none of our workmen made this chronometer—I have frequently seen watches with our name on them which have not been our make—it never happened to us that our workmen made watches with the firm's name on them—the watch has a pretty strong silver case, the name of Stafford is on it—I never saw or heard of him—I should call it a very vile imitation of a chronometer—it is valueless to me—I should be very sorry to give 5l. for it—I should say it would be an extravagant price—it is difficult for me to say what it is worth, it is totally out of my way.

MR. CLARKSON. Q. Of course these duffing articles would find no circulation unless the outside case was silver? A. No.

JOHN CARTER . I am a chronometer-maker oft' Cornhill, and am in the habit of rating chronometers—I have had great experience in it—my attention has been called to this chronometer, and the card in the box—it is one of my cards, I do not know how it got into the box—I never rated it—it is valueless, and utterly incapable of being rated—that which pretends to be an index is altogether fraudulent.

MR. WOOLLETT to HENRY BILLSON. Q. You saw Anns? A. Yes; he didnot say it was his chronometer; he said, "I suppose you want your money back?—it was left for me, we must settle it."

MR. CLARKSON. Q. If Anns had come himself, he would not have succeeded in getting any money? A. No; I had known him ten years—I knocked at the door, and one of the daughters, I believe, opened it—I saw Anns, and he said, "Oh, what the devil are you up to in stopping that watch?"—I said, "I have come to say nothing about any watch, I have merely come to ask you a question"—he said, "Come in," and said, "I suppose you want your money back for the chronometer that was left for me? I suppose we had better settle it? are you going to have me to-night"—I said, "I have come to say nothing about it at all; I have merely come to ask you a question, when you allow me to do so"—he said, "Sit down, what will you have, wine or brandy, or what?"—I said, "No, thank you"—he went on a lot about it, and said, "As to that chap Galley, I will stick to him tooth and nail if it cost me 100,000l."—I said, I had merely come to ask him a question.

WILLIAM ENGLAND BARREN . I am assistant to Messrs. Barker, at the Aldgate shop. About three o'clock one day in Aug., a man came to our shopbe came again two hours after with Anns, and I believe he produced the same chronometer in a handkerchief—I said, "Anns, I am glad to see you come with that man, for he has been before with a chronometer, and seeing you with with him I know it is not a genuine article"—Anns said, "Oh, never mind, I have stuck one into your other house with old Tom for 12l."

Cross-examined. Q. You do not know the other man? A. No; I should know him if I saw him.

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

26th November 1849
Reference Numbert18491126-138
VerdictGuilty > unknown

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138. JOHN BAILEY , unlawfully obtaining goods by false pretences, from James Cousins. MR. BALLANTINE conducted the Prosecution.

JAMES COUSINS . I am a currier of 2, Luke-street, Shoreditch. On 18th May, the prisoner came and chose some leather which came to 25l. 16s. or thereabouts—I was to be paid by a bill on Mrs. Allford, his mother-in-law, who he said was a widow woman of fortune, and the rest in cash—on that I sent the goods—if I bad supposed Mrs. Allford had been a married woman, I should not have parted with the goods—I received this bill for 20l., dated 28th May, at three months (produced)—at maturity it was presented to Mrs. Allford—it was not paid, and I then found out she was not a widow—I have never got the money or the skins back—I applied to the prisoner for it, and in one instance he said he hoped I might get it—I cannot say how long it was after it had become due—I had received several promises—I told him I would go and see Mrs. Allford, somebody must pay it—he said, "I wish you may get it," and put his hand up to his nose.

Cross-examined by MR. PARNELL Q. Had you been having a dispute with him when he put his hand to his nose? A. Call it a dispute if you like; it was as jou ask a debtor for money—the conversation bad been quiet

till I found myself defrauded—I had told him I thought the bill ought to be paid—I do not reeollect the words I used; you may guess I was not very well pleased—I dare say I had been angry—I had known him since before last Christmas, and had had dealings with him to 6l. or 7l. at various times—that was when he was in business in Luke-street—he did not consult me about taking a larger place in Holy well-lane—he told me he was going to move his business—I did not upon that advise him to increase his stock—I did not tell him I should be very willing to supply him if he wanted a larger stock—I wished he might do better than he had done in Luke-street—I bad not complained that he had not had much of me while he was in Luke-street—I did not tell him he had better have some skins I had got nearly finished to stock his new shop with; I am quite sure of that—these goods were to stock his shop, or do what he pleased with it if I got my money—he paid me a part of the balance of cash about two months after—I never had any acceptance of his before—I have seen two other acceptances supposed to be Mrs. Allford's—I do not know whether they were paid—I applied to Mrs. Allford about this bill: she did not ask for time—I did not, before I let him have the goods, go and ask Mrs. Allford if it was her acceptance—I did make inquiry, but not of her personally—I was satisfied with the inquiry or I should not have let him have the goods—I have seen Mrs. Allford since, and shown her the bill—she did not admit it was her writing, she seemed rather to doubt it—I have not stated repeatedly that I have ascertained it to be her writing—I have not told her husband so—I feel satisfied it is Bailey's writing—I swear, I have not over and over again said I believed it was Mrs. Allford's writing—I cannot positively recollect, but I feel satisfied in my own mind that I stated quite the other way—I do not know that the body of it is Bailey's writing—I do not know who wrote the bill—I said just now I had no doubt in my own mind of the acceptance being the prisoner's writing, because I saw him endorse it, and it was very much like the acceptance—I have been four, five, six, or seven years in business—I found out after the bill became due, that Mrs. Allford was living with Mr. Allford, at Dalston—I had previously made inquiry to ascertain that there was a Mrs. Allford, and that she was possessed of considerable property—I swear the prisoner did not give me her address on a piece of paper—I have no recollection of it—I made inquiries of a customer of mine, and I made inquiry at a house in Dalston, and ascertained she was living at Dalston—he bad told roe she lived at Dalston—I think I can swear he did not give me the address on paper.

MR. BALLANTINE Q. Did you ascertain that she was a married woman, and not a widow, before you parted with your goods? A. I only asked in a baker's shop if there was a Mrs. Allford living there, and they said there was—I believed her to be a widow—I have never seen her write—I have seen a bill or two which I was told were her writing—I cannot say whether this acceptance is hers or not.

JOHN ALLFORD . I am the husband of the lady whose name has been mentioned—she is not a woman of fortune—I am a builder—the prisoner married Mrs. Allford's youngest daughter by a former marriage—I married Mrs. Allford nearly ten years ago, and live with her now—she is now at Dalston—I cannot give you any reason why she is not here—I consider the word "accepted" on this bill is her writing, "payable at Holywell-lane" is not—she had no authority from me to accept bills—I have no doubt the prisoner knew she was married.

Cross-examined. Q. Did you refuse to allow her to come here? A. No; she did not ask my permission to come—she has been advised by the family not to come—I lived with her six or seven years before I married her—she was then Mrs. Hull—she received between 60l. and 70l. under her late father's will in Yorkshire, on the winding up of the concern, five or six years ago—it did not pass through my hands—I only know that, from what she told me—we were married at the time, but she had the control of it—our marriage was not kept secret; many parts of the family knew it, and many parts not—we lived five or six years without being married—the family knew that we were married only by our telling them—none of the family were present only ourselves, the clergyman, and the clerk, who gave her away by her wish—the family knew of it the day after—I had not heard remarks before about our being married or not married—they always supposed we were married—I do not know how many weeks after, or how long after Mr. Hall's death it was that I began living with her—I am not aware that it was before his death—I have seen a great many other acceptances of hers—they have not been paid to my knowledge—I know there are several not paid—I cannot say whether there are several paid—the prisoner was not a favourite of hers that I am aware of—he saw her very frequently, and against my wishes—I did not approve of his coming to my house—I never had any money from my wife—we now live at 6, Holley-street, North Dalston—we have lived there two years and a half, and in the neighbourhood eight years—we did live in Bath-place, Dalston, and gave that up last Michaelmas two years—I paid the rent for that house—application was not made for the rates of that house in the name of Hull—I never paid them in that name.

MR. BALLANTINE. Q. You have paid them? A. Yes; I do not know of my own knowledge that there are any acceptances of Mrs. Allford's that have been paid—I know there are some not paid.

GEORGE NICHOLSON . I am a currier and leather-seller. I know the prisoner—I have had conversations with him about his mother-in-law—he and his wife always represented that she was married.

Cross-examined. Q. They always called him Mr. Allford and her Mrs. Allford? A. Yes, that is what I mean.

JOHN SMITH . I keep a beer-shop, 1, Chapel-street, Curtain-road—the prisoner gave me some bills to get cashed—we went to a friend of mine, and I had some conversation with the prisoner as to whether Mrs. Allford was single or married—the bills were not cashed, and the prisoner took them away—after that transaction, at the beginning of May, the prisoner told me Mrs. Allford was married, but had plenty of property in Yorkshire, and would pay these bills.

Cross-examined. Q. Does the prisoner hold any acceptance of yours which you have not paid? A. Yes, one for 40l., which he ought not to have—he has not got two 30l. bills besides—I was before the Magistrate, but did not give evidence—I have known the prisoner about seventeen months—all the dealings I have had with him were lending and borrowing.

MR. BALLANTINE. Q. Have you borrowed money of him? A. No, not a halfpenny—I have lent him 2l. or 3l. at times—he came to me, and could not pay a bill of 30l. against him—he said a friend of his would cash it if I would give my acceptance, and I gave it him—he did not get it cashed, but gave it to a person named Best.

MR. PARNELL. Q. Has he not been in the habit of lending you 6l. a week, to pay your brewer? A. Never, not 1l.—I have gone and asked him

for money owing to me when I wanted to pay it, and sometimes I have got 1l. when he has owed me 2l. or 3l., and sometimes got none.

MR. PARNELL called

SUSAN TAYLOR . I am Mrs. Allford's eldest daughter—my husband is a comedian; the prisoner is my brother-in-law—I have known him from a child—he has borne the very best of characters; he was just starting this new shop.

JURY. Q. Did you know of the marriage? A. No.

Cross-examined by MR. BALLANTINE. Q. Where does your husband play? A. The last letter I had from him was from Dundee, and he is now at Glasgow—he left me twelve weeks ago—I was not present at my mother's second marriage; I was abroad, and when I came home I heard she was married—I cannot say now who told me; she did not—the prisoner married my sister nearly four years ago, since my mother's marriage—I did tell Mr. Cousins that my mother had been married years ago—I did not tell him I had no doubt about it.

MR. PARNELL. Q. You say you heard it; did you believe it? A, I doubted it, as my mother had lived so many years with him—I have been home three years next March—it was some time after I came home that I heard it—I did not know who Cousins was when he inquired of me—when I came home he was standing at the gate, and asked for Mr. Bailey, saying, "I have been to your mother's, and find he is here"—he said Mr. Bailey told him he could find him at his mother's—I said he had better go there—he said, "I know where Mr. Bailey lives;" and I said then he had no occasion to come there to find him—he then said, "Mrs. Allford has a son by the present husband," and then, "Mrs. Allford is married?"—I said, "Yes, she is married"—I did not believe the report when I heard it—it was not generally believed in the family. (Several other witnesses gave the prisoner a good character.) GUILTY . Aged 25.— Confined Six Months.

26th November 1849
Reference Numbert18491126-139
VerdictGuilty > unknown

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139. WILLIAM HIBBERD , unlawfully assaulting Hannah Maria Johns, with intent, &c. GUILTY of an Assault.— Confined Six Months.

26th November 1849
Reference Numbert18491126-140
VerdictNot Guilty > unknown

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Reference Numbert18491126-141
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141. CHARLES LEIGHTON and CHARLOTTE LEIGHTON were indicted (with William Keen, not in custody) for obtaining goods by false pretences. MR. CARTER conducted the Prosecution.

GEORGE DIXON . I am clerk to John Henry Macber, who is proprietor of 43, Wynyatt-street, Goswell-road, which was to let. The prisoners came to my master's office on 12tb or 18th July, and applied for the house—the female had been before, and represented her name as Steed, and when she came on 12th or 13th she introduced the male prisoner as her husband, saying, "This is Mr. Steed"—he said he had been employed a number of years in the Ordnance Department at Woolwich, and the person who placed him there had given him a superior situation at Somerset House—I said I should require the usual references, and he referred me to Daniel Good, the landlord of his house, at Woolwich, and gave me his address—I found him at the address, and considered his representations satisfactory—he also referred me to Mr. Boudler, of Jewin-crescent—in consequence of those references, I let him the house, and he entered into this agreement (produced)—I saw him sign it,

"Arthur Steed," and witnessed it myself—he went into possession of the house—I saw the female prisoner there in Aug.—early in Oct. I received a parcel by the Parcels' Delivery Company, containing the key of the house, and this letter, which, from my knowledge of the male prisoner's writing, I believe to be his—(read)—"3d Oct., 1849. Sir,—From unforseen circumstances, I have been compelled to resign my situation, and of course I am not in circumstances to continue your tenant; I therefore forward you the key, and will call on you in a few days with a view to the settlement of the rent due. A. STEED.")—he did not call—I never saw him again till he was in custody.

Cross-examined by MR. DAWSON. Q. How many rooms are there in the house? A, Eight; the rent was 32l.—the house next door is mine—I believe the houses in the street are let out in lodgings.

CALEB TIBBETTS . I live at 10, Great Ormond-street, and am proprietor of 11, Remington-street, City-road. The female prisoner came to me about 27th Sept., and wished to look at that house, and appointed for me to meet her husband there at four o'clock that afternoon—I went, met both the prisoners, and they agreed to take the house—I asked the male prisoner for his reference—he gave me his name as Blessington; said he had been in the Excise at Woolwich, and was removed to Broad-street, and gave me the name, "Steed, 13, Wynyatt-street," as a reference, who, he said, was the landlord of the house he occupied at Woolwich—the male prisoner accompanied me to the door of that house—I saw a person there who represented himself as Mr. Steed, and his statements seemed satisfactory—we then returned to the house, where the female still was, and I let it to them, and gave them the key—the rent was 28l.—I happened to pass the house in Wynyatt-street two or three days after, in the beginning of Oct., and saw it shut up, and the windows plastered over with mud—my suspicions were then aroused—I found the whole statement false, and I left a message to that effect at my house, and wished them to leave it immediately—a man calling himself Keen, who said he lived in Smith-street, called on me directly after, said he worked for Mr. Blessington, and he considered they were very respectable parties—I said I was not satisfied, and wished them to quit it—the possession was given up to me three or four days ago, since the prisoners have been in custody.

THOMAS WEBBER RICHARDS . I am a linen-draper, in the Goswell-road. About the end of Oct. the female prisoner, and a man she represented to be her husband, not the male prisoner, came to my shop—they stated that their name was Keen, and they lived at 5, Upper Smith-street, Northampton-square—they said an uncle of theirs had died, they wanted a little mourning, and wished credit for a short time—that he had left them 200l. or 300l. which was likely to be paid in five or six weeks—I required a reference, and they referred me to Mr. Leighton, of Remington-street, a builder—I agreed to call on him, and they were to call on me to know the result—I called that day or the day after, and saw Leighton, it was the male prisoner—I said, "You are Mr. Leighton, the builder?"—he said, "Yes"—I then asked if he knew Mr. Keen, of 5, Upper Smith-street, he said he did—I said they wanted goods on credit, and asked if he would give them a character—he said he would give them an excellent character; they had lost a friend, and he had lent them money—he gave me to understand they were husband and wife—I asked him how long he had resided at that house, he said, some considerable time—I think he told me twelve months—I told him, in consequence of the character I had no objection to give credit; and he said it would be all right, it was quite safe—the parties came again that evening, and

asked if I had been to see Mr. Leighton, I told them I had—they asked if I was satisfied, and I said I should have no objection to let them have the goods—the female said she hoped it would be settled in six weeks, and wished to look out the goods—I said it was late, and wished it to be postponed till the Monday—the female came on the Monday, and began selecting some twill merinos and other things, to the amount of 7l. or 8l.—while she was selecting them, I called her away from the counter, and said, "You are Mrs. Keen?"—she said she was—I told her I did not like to go much above 5l.; and she said I need not frighten myself, that her husband was a respectable working man, and it was all right—she said her husband worked for Mr. Leighton—the goods were afterwards sent to the place she asked—she came again in two or three days for some more goods—I called her into the parlour, and told her the bill was between 7l. and 8l—she said, oh, she had done nothing but what her husband knew of—a short time after, I received this letter (produced)—I sent for Keen—he came to the shop, and I asked him questions out of the letter—I asked him if his cousin was a respectable man, as he wanted to have goods on credit—he said it would be quite safe to let him have the goods, he was a very respectable hard-working man, and lived in Shoreditch—in consequence of suspicion, I afterwards made inquiry at Smith-street, and saw only the servant—I went to Remington-street, and could not get admission—on Saturday evening, 10th Nov., I went again to Remington-street with a policeman—after a time we got admission, and there found the two prisoners—I said to the female, "You are the woman I want, as Mrs. Keen"—she said," This is my husband; he did not give you a false reference"—the male prisoner was at her side—I looked at the male, and recognised him as the man who had given me the character—I gave them both in charge—the male prisoner cried, and on going to the station, the female said, "I never had any goods of you—they both gave the name of Leighton at the station—on the Monday evening I went with the policeman and the two prisoners again to Remington-street, and on the way the female said, "I declare to God I have not got the goods; I gave them to Keen; if I was let go I could produce them easily"—when she first came to the shop she was very respectably dressed, better than afterwards.

Q. The female made the bargain? A. Yes; nothing was said about paying by instalments—it was on the consideration that I was to have the money in six weeks, and the reference, that I let her have the goods—I was not astonished at the order she gave—she was respectably dressed—Saturday evening is a busy time—the shop is 200 or 300 yards from Wynyatt-street—I never saw Keen with the male prisoner.

EDWIN HICKOX . I am shopman to Mr. Richards—I recollect the female prisoner coming there on Monday, 29th Oct.—I served her with fourteen yards of merino, twenty-one of Coburg cloth, four shawls, six pairs of hose, two handkerchiefs, some crape-silk lining, and two umbrellas'; mostly mourning goods—she directed them to be sent to No. 5, Upper Smith-street, in the name of Keen—I sent them by the shop-boy—she came again on 2d Nov., when Mr. Richards was out, and said she had also lost her aunt—it was in the cholera time—she came again a third time, and selected a small parcel, which I sent, addressed in the same manner—she asked for the bill, and I gave it her.

JOHN RICHARD CHALLERTON . I am in Mr. Richards's service—I took a parcel directed, "Mr. Keen, 5, Upper Smith-street, Northampton-square," to that house—I saw the female prisoner—I asked if Mr. Keen lived there,

she said it was all right—I left the parcel with her—two or three days after I took another parcel to the same house, addressed, "Mrs. Keen"—a servant opened the door, and Mrs. Keen was in the passage—I left a third parcel on the following day.

WILLIAM HENRY BANKS . I carry on business at 50, King-street, New North-road—I have known the male prisoner fourteen or fifteen months—I always believed his name to be Joseph Gummer—I always understood he was a clerk in the Bank of England—he owes me money now—I believe he is married—I think the female prisoner is not his wife—I never heard of his carrying on the business of a builder.

Cross-examined. Q. Is all that you can say against him, that he owes you money? A. Yes; he was then in a very respectable condition of life.

JOHN HARVEY (policeman). On Saturday, 10th November, at eight o'clock in the evening, I went with Mr. Richards to 11, Remington-street—the male prisoner opened the door—he tried to force me out again, but I got in, and Mr. Richards followed—the two prisoners were in the house—Mr. Richards charged them with obtaining goods under false pretences from him—they said Mr. Richards was mistaken; they had never been to his shop, and did not know where he lived—on the Monday evening we went with the prosecutor and searched the house—we found nothing; and on returning again, the male prisoner said, "If Mr. Richards had not been so fast, be would have seen Keen, and very likely the goods would have been returned."

JOEL HILL (policeman A 441). I assisted in apprehending the prisoners on the Saturday—the female said Mr. Richards was mistaken, she had never been in the shop in her life—on the Monday, on the way from the Court, she said, "I had the goods, and what of it;" if he was fool enough to get rid of his things it was nothing to her—on the way back from Remington-street, she said, if Mr. Richards had not been so fast, she would have caused Keen to have been apprehended, and the goods restored—I cautioned her, and told her what she explained to me I should tell the Magistrate.

Cross-examined. Q. Have you been on the look out for Keen? A. Yes; I have not been able to find him.



Confined Eighteen Months


Before Edward Bullock, Esq,

26th November 1849
Reference Numbert18491126-142
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Imprisonment

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142. WALTER ROGERS and JOHN HOGAN , stealing 1 till, 4 shillings, 4 half-crowns, 12 shillings, 2 sixpences, 2 groats, 6 pence, 72 halfpence, and 159 farthings; the property of Thomas Bullock: to which

HOGAN pleaded GUILTY .— Confined Three Months.

SARAH BULLOCK . I am the daughter of Thomas Bullock, of Stratford. The till produced is his property—I saw it safe on 28th Nov., about twenty minutes to eleven o'clock in the morning—there was about 1l.-worth of silver, and 10s.-worth of copper in it, in half-crowns, shillings, sixpences, and 4d.-pieces—I missed it a few minutes after—the prisoner Hogan was near the window from ten to a quarter to eleven, and Rogers was on the opposite side.

RICHARD ROGERS . I am in Mr. Bullock's service; Rogers is my brother. On 28th Nov., in consequence of what was said to me, I went from the shop, and about two hundred yards off I found the till by the side of a tree, near

the footpath—I made inquiry of a gentleman I met, went on, and overtook the prisoners—I said, "You have been at a fine thing"—they said they would give me the money if I would let them go—they both gave me some money, and I took them back to the shop.

JOHN SMITH . I am in Mr. Bullock's service. I went with the last witness, and found the till where he says—we went on, overtook the prisoners, and I said, "Now, then, we know you have got that money; you had better give it up; what fools you must be to take that till"—they gave up the money—we took them both back to the shop, and I gave the money to Miss Bullock—I had seen them before, that day; one against the shop-window, and the other on the opposite side of the way.

ROGERS— GUILTY .— Confined Three Months.

Before Mr. Common Serjeant.

26th November 1849
Reference Numbert18491126-143
VerdictNot Guilty > unknown

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143. SARAH ANN MILLER , stealing 1 guard-chain, value 6l. 6s.; the goods of William Postlethwaite, in the dwelling-house of Louisa Hagg.

FREDERICK ALEXANDER . I am a surgeon, of Stratford. I knew the prisoner in the service of Miss Hagg, where the prosecutor, Mr. William Postlethwaite, resides—I know that he lost his guard-chain—I heard that the prisoner was seen with one; I communicated it to him, and he requested me to see after it—I waited on the prisoner two days afterwards, at the residence of her uncle—I asked her for the guard-chain—she denied it at first, hut afterwards she said she had parted with the chain—I said, "You will have no objection to tell me where you parted with it?"—she said to a young man—she went up-stairs to her uncle, and he brought down the duplicate—I took it home to Mr. Postlethwaite; he is not here; he is ill, and not able to-attend—I have this certificate from another surgeon—this is Mr. Postlethwaite's chain; he identified it, and gave his deposition—I saw him this morning, and it is impossible for him to come here—(the deposition teas here read—" William Postlethwaite, on his oath, saith: 'I reside at 3, High-street, Stratford. I am lodging with Miss Hagg. The prisoner was servant in the house. On the 4th inst. I missed a gold watch-chain from a drawer in my bed-room; I had seen it a week before; this is it. I never gave the prisoner the chain, or any authority to pawn it.")