text:
Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 19 January 2022), April 1828 (18280410).
SESSIONS' PAPER.
THE RIGHT HONOURABLE MATTHIAS PRIME LUCAS, MAYOR.
FOURTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 10th DAY OF APRIL, 1828, AND FOLLOWING DAYS.
TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) BY H. BUCKLER.
LONDON: PRINTED BY HENRY STOKES, No. 74, CORNHILL; AND PUBLISHED BY G. HEBERT, AT HIS LIBRARY, No. 88, CHEAPSIDE.
THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY.
FOR THE CITY OF LONDON, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX.
Before the Right Honourable MATTHIAS PRIME LUCAS , LORD MAYOR of the City of London; Charles Lord Tenterden , Chief Justice of his Majesty's Court of King's Bench; Sir James Allan Park , Knt., one of the Barons of Majesty's Court of Common Pleas; Sir William Garrow , Knt., one of the Barons of his Majesty's Court of Exchequer; Sir John Perring , Bart.; John Ansley , Esq.; Sir Claudius Stephen Hunter , Bart.; John Thomas Thorp , Esq.; Newman Knowlys , Esq., Recorder of the said City; John Key , Esq.; Sir Peter Laurie , Knt.; and Charles Farebrother , Esq.; Aldermen of the said City; Thomas Denman , Esq., Common Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; his Majesty's Justice of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and the County of Middlesex.
Richard H. Clark ,
Edward Kightly ,
John C. Lewel ,
Josiah Merrill ,
Thomas Lindley ,
Joseph Carter ,
Robert Lloyd ,
James Boyer ,
Thomas Bonsor ,
Walter Mills ,
William Wood ,
George Bell ,
William Thompson ,
Walter Wood ,
John Dyson ,
William Coe ,
Ellis David Ellis ,
Richard Joyce Ford ,
John Titterton ,
Henry Dove ,
Randolph Knott ,
Zachariah Forster ,
Henry Bew .
Thomas Webster ,
Andrew McFarlane ,
John Gibbs ,
Silas Symes ,
Benjamin Walls ,
Abraham Creswell ,
William Nutman ,
Henry Thos. Harris ,
George Claridge ,
Edward Pritchard ,
William Elmes ,
John Wrightson .
MIDDLESEX.
Wm. Nath. Curtis ,
Edward Irwin ,
John Hunter ,
George Hurst ,
Thomas Holt .
William Bridges ,
Joseph Adams ,
William Davies ,
Thomas Cormick ,
Samuel Benson ,
Lawrence Dunn ,
William Dowell .
William Hopgood ,
Joseph Fairey ,
John Felgate ,
Thomas Flather ,
Thomas Evans ,
William Thos. Ewen ,
William Eastman ,
William Dichborne ,
George Hawkes ,
William Neville ,
Robert McLatchey ,
James John Frost .
William Corning ,
John Hume ,
George Coventry ,
William Collier ,
Francis Dexter ,
James Duffield ,
Thomas Harris ,
Ambrose Hartley
Henry Collier ,
Joshua Miller ,
Benjamin Maddocks
George Newberry .
William Myers ,
John Lucket ,
James Martin ,
John Jones ,
Thomas Langley ,
Bartholomew Harris
Jacob Hunter ,
Thomas Drewir ,
Denny Everitt ,
David Thos, Court ,
Thomas Humphrey .
SESSIONS HOUSE, OLD BAILEY, APRIL 10, 1828.
LUCAS, MAYOR - FOURTH SESSION.
OLD COURT.
GEORGE LEMON.
First Middlesex Jury, Before Lord Chief Justice Tenterden.
794. GEORGE LEMON was indicted for feloniously assaulting Charles Chalk on the 1st of February , with a certain iron chisel, with intent to kill and murder him .
SEVERAL OTHER COUNTS, varying the manner of laying the charge.
MR. RYLAND conducted the prosecution.
CHARLES CHALK. On the 1st of February, I was employed in Mr. Davis' blacksmith's shop , which is in the yard of Mr. Abbot, Field's-yard, Jockey's-fields, Bedford-row ; I was in Davis' service - the prisoner is a wheelwright . On the morning of the 1st of February I began work at six o'clock; I was at farrier's work in the shop - when this happened I was mending the iron step of a cabriolet; it was in a heated state, but not red-hot - the prisoner stood on the left-hand side of me; the step was hot- the prisoner said nothing to me, but took the step out of my hand and struck me with it on my hand; it was then in a hot state - I took it out of his hand and said "George why don't you let me do what I have got to do with it?" I was working on it for about half a minute, and I then received a blow on the head; I do not know how, or by whom it was given - it produced a fractured skull; I have been in the hospital, and have been out of my mind since - Peacock and Carrington were present when the blow was given.
Cross-examined by MR. PHILLIPS. Q. Had not the prisoner directed you to strike the step on the crown, as it is called? A. No he did not; William Saunders might be in the shop, but I did not take notice of him; I had not pushed the prisoner at all - I swear that.
Q. Did you not strike him with the hot step on the back of his hand and burn him? A. I did not, I am quite certain; I never asked anybody whether I could get my expences if I prosecuted him only for a common assault; I have known him about twelve months - it all took place in less than five minutes.
A JUROR. Q. Did you know what instrument you were struck with? A. No.
JAMES PEACOCK . I am a farrier. On the 1st of February I was in Davis's shop with Chalk and Lemon; I was about six or seven feet from Chalk who was altering or mending a step - I saw the prisoner and him twisting together with the step, but whether any blows passed I cannot say.
Q. Whose hand did the step get into at last? A. Chalk's - he got it back, and while he was altering or mending it, this chisel lay by the side, and Lemon took it up; Lemon was holding his hand, whether it was hurt or not I cannot say; he turned and took up the chisel - he stood a minute, till Chalk was leaning over the anvil - he then struck it down on his forehead; he then threw it down and immediately went away, out of the shop: I caught Chalk or he would have fallen - the blow struck him rather above the forehead - it bled.
Q. What time might elapse between the twisting and when you saw the blow struck? A. About a minute; we led Chalk to a surgeon's - he was taken to a public-house, and in about three hours he was taken to the hospital; he was struck with the cutting part of the instrument.
Cross-examined by MR. PHILLIPS. Q. They were struggling together about the step? A. Yes; the step was hot; I did not see the prisoner's hand then; but at Hatton Garden on Saturday I saw him with a sear on the back of his hand, but how it was done I cannot say.
COURT. Q. Was it a scar? A. Something of a mark - I was not very near him, but I saw a mark; he shewed it to the magistrate; I do not know that I ever saw him before that day - the whole affair might have occupied three or four minutes.
SAMUEL CARRINGTON . I am a farrier. I was in the shop and saw Chalk mending a step; Lemon came and interfered with him - he tried to twist the step out of his hand; after that he stood for a little while - a minute I suppose; then he took up the chisel and struck him with the edge of it over his forehead - it bled; there were two streams of blood - I went with him to Mr. Headlam the surgeon, and in two or three hours he was taken to the hospital; I heard nothing said before it happened - after Lemon struck him he threw the chisel down, and went out saying "That serves you right."
Cross-examined. Q. Did you observe the back of Lemon's hand? A. No; I heard him complain of his hand as soon as the twist was over; before he struck Chalk he said he had hurt his hand - the step had been heated; Chalk had a fur cap on: William Saunders is a fellow-workman - he was in the shop.
EDWARD HEADLAM. I am a surgeon and live in Featherstone-buildings; I know this shop and believe it is in the parish of St Andrew's, Holborn - it is in Middlesex. On the 1st of February, about ten or eleven o'clock in the morning, the prosecutor was brought to me; he had received a wound on the front and upper part of his head, about two or three inches in length - it appeared to have been produced by an instrument with an obtuse cutting edge, similar to that produced; the sharp edge of it would produce it - the edge is not very sharp, and it might produce such a wound; the blow appeared to have produced a concussion of the brain - he was removed from my house to bed; and in three hours he was bled in the arm at the public-house and taken to the hospital; the witnesses are in error, there was no fracture of the skull - a concussion of the brain is attended with danger of life.
Cross-examined. Q. What do you mean by obtuse? A. Not so sharp as a knife or sword; it resembled a wound caused by the joint effect of a blow and a cut.
SEPTIMUS READ . I am a surgeon and live in Jewin-street. On the 14th of February I was called in to the prosecutor - he had then been moved home from the hospital; he seemed at that time to be labouring under symtoms of a secondary nature - of low information in the brain, from the effect of a previous blow; there was a scab formed over the wound - I thought there might be matter in it; I ordered it to be poulticed and found there was no matter - he was not out of danger by any means when I first saw him; I have attended him till within the last fortnight, but he has not taken medicine for the last three weeks or a month; I have no doubt his illness was the result of the wound.
Prisoner's Defence. When I came into the shop, the man struck me over the hand, and burnt my hand; I was in pain from the burn - I caught hold of the chisel and hit him on the head; I did not mean to do him any harm.
WILLIAM SAUNDERS . I was in the shop when this happened; I had the step to alter and took it to Chalk to do, and while he was doing it, when he had done a little of it, Lemon came into the shop and said "It wants a little more doing to it;" I took it again to the smith (Chalk) - Lemon stepped up and said "Charles, give it a blow or two there;" immediately after that Chalk said "D - n your eyes, what have you got to do with it;" and then made a hit at Lemon with the step, and struck him across the back of the hand; Lemon then rubbed his hand where it seemed to be hurt, and immediately laid hold of the chisel and struck Chalk on the head - he threw the chisel down on the ground and walked out.
Q. How long might have elapsed from the time he was rubbing his hand till he walked out? A. Scarcely half a minute; it was his duty to give orders, his father being the employer - he was in the habit of doing so.
MR. RYLAND. Q. Did you see Peacock the day after the accident? A. Yes - I had no conversation with him then, but I had on the day this happened; I did not tell him I knew nothing of the business - I never told him so, I swear; I was a very short distance from the witnesses - they were at work. There was no scuffle between the prisoner and Chalk, about the step, if there had I must have seen it.
Q. Did Lemon say anything when he dropped the chisel and walked out? A. Not a sentence - I must have heard if he did: the witnesses were about the same distance from him as I was.
WILLIAM BENNETT, JAMES , THOMAS MAYNARD, THOMAS MILLER, WILLIAM PLUMB, JOHN SPRAY, SPENCER WHITEMAN.
Royal Offences: tax offences.
Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty
Death; Death; Death; Death; Death; Death; Death
Before Lord Chief Justice Tenterden.
795. WILLIAM BENNETT , JAMES FOORD , THOMAS MAYNARD , THOMAS MILLER , WILLIAM PLUMB , JOHN SPRAY , and SPENCER WHITEMAN , were indicted for that they, and divers other evildisposed persons to the number of three and more (to wit) to the number of seventy, whose names are as yet unknown, heretofore (to wit) on the 23d day of January , at Eastbourne , in the County of Sussex (to wit) at Westminster, in Middlesex, being then and there armed with fire-arms and other ofensive weapons (to wit) with guns, blunderbusses, pistols, bludgeons, bats, clubs, staves, and hedgestakes, unlawfully and feloniously did assemble themselves, and were then and there unlawfully and feloniously assembled in order to be aiding and assisting in the illegal landing, running, and carrying away of certain uncustomed goods, and goods liable to pay certain duties of Customs, which had not then been paid or secured, that is to say, two hundred gallons of foreign brandy, and two hundred gallons of foreign Geneva ; against the Statute.
SECOND COUNT, the same as the first, only omitting the words printed in italics, and substituting the following,"were aiding and assisting" in the illegal landing, running, &c.
Bennett pleaded GUILTY - DEATH . Aged 20.
Foord pleaded GUILTY - DEATH . Aged 43.
T. Miller pleaded GUILTY - DEATH . Aged 20.
Plumb pleaded GUILTY - DEATH . Aged 25.
Spray pleaded GUILTY - DEATH . Aged 28.
Whiteman pleaded GUILTY - DEATH . Aged 26.
Maynard pleaded GUILTY - DEATH . Aged 40.
WILLIAM BENNETT, JAMES FOORD, HENRY MILLER, THOMAS MILLER, EDWARD SHOESMITH, JOHN SPRAY, STEPHEN STUBBERFIELD, SPENCER WHITEMAN.
Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty
Death; Death; Death; Death; Death; Death; Death; Death
796. WILLIAM BENNETT , JAMES FOORD , HENRY MILLER , THOMAS MILLER , EDWARD SHOESMITH , JOHN SPRAY , STEPHEN STUBBERFIELD , and SPENCER WHITEMAN , were indicted for that they, and divers other evil-disposed persons, to the number of three and more (to wit) to the number of eighty, whose names are as yet unknown, heretofore (to wit) on the 3d day of January , at Bexhill , in the County of Sussex (to wit) at Westminster, in the County of Middlesex, being then and there armed with fire-arms and other offensive weapons (to wit) with guns, blunderbusses, pistols, bludgeons, bats, clubs, staves, and hedgestakes, unlawfully and feloniously did assemble themselves, and were then and there unlawfully and feloniously assembled, in order to be aiding and assisting in the illegal landing, running, and carrying away of certain uncustomed goods, and goods liable to pay certain duties of Customs, which had not then been paid or secured, that is to say, three hundred gallons of foreign brandy, and three hundred gallons of foreign Geneva ; against the Statute.
SECOND COUNT, the same as the first, only instead of the words in italics, substituting the following "were aiding and assisting" in the illegal landing, running, &c.
H. Miller pleaded GUILTY - DEATH . Aged 22.
Shoesmith pleaded GUILTY - DEATH . Aged 24.
Stubberfield pleaded GUILTY - DEATH . Aged 34.
JAMES BARTON.
Before Mr. Justice Park.
797. JAMES BARTON, alias FREDERICK VANDERVILLE , was indicted for breaking and entering the dwelling-house of Sir George Farrant , Knt. , on the 9th of March , and stealing therein 3 fenders, value 6l.; 4 pieces of stained glass, value 2l., and 12 books, value 10s. , the goods of the said Sir George Farrant.
GEORGE WADDINGTON . I am a constable of Hatton-garden. On Sunday morning, the 9th of March, about eight o'clock, I was going up Theobald's-road, with Thompson, of Bow-street; we met the prisoner with three fenders on his shoulder - he was alone: there were two standards inside one fender. I went over to him, and asked where he got them - he rather hesitated, and said at last that he got them from Lincoln's Inn-fields, at a sale - he did not say when he had bought them; I took him into custody, locked him up, and found next morning that the fenders belonged to Sir George Farrant; directly I took him he said a man had given them to him to carry - I searched him, and found a screw-driver in his pocket, a small door key, which would open a room door, and a watch, which I returned him.
THOMAS THOMPSON . I was in company with Waddington, and saw the prisoner with the fenders on his shoulder; Waddington stopped him - I have heard his evidence, and swear it is true.
JAMES MARTIN . I am in the service of Sir George Farrant, who lives at No. 53, Upper Brook-street, in the parish of St. George, Hanover-square ; these fenders were next door, at No. 52 - he had left that house on the 3d of July last; none of his family remained in the house after July - nobody was left in care of the house. These fenders, and several articles of furniture, were left there: Sir George had quitted the house, and it was to be let: I had been in the house on Tuesday, the 4th of March, and am sure all the doors and windows were fastened; I often passed the house; it appeared in the same state whenever I passed it; and on Saturday, about four o'clock in the afternoon, I saw it perfectly safe. About half-past two o'clock on Sunday, the 9th, I observed the coal-cellar door, in the front area, open; the fan-light over the area door was broken; I am certain it was safe and whole on Saturday. I went into the house, and missed two fenders out of the drawing rooms, and the parlour fender; I missed some stained glass out of a window in the house: the drawing-room shutters had been opened, but closed too - I had left them fastened; I know these fenders to be my master's - there is a knob off one of them, and I have it in my pocket; I am certain of them.
Prisoner's Defence. On Sunday morning I got up about half-past seven o'clock, and went in a direction for Waterloo-bridge; on my way home I met a person I had seen twelve months ago; he had this property: I walked with him as far as Lincoln's Inn-fields; in the course of conversation he said he had to call at a place, and asked if I would take the fenders for him, and carry them to the corner of the King's-road, and he would see me there again - he did not think he should stop above three or four minutes; I took them, and as I was going in the direction he stated I was met by the officers - but as to the robbery I am entirely innocent.
Of stealing, but not in the dwelling-house .
WILLIAM DEAN.
Before Mr. Baron Garrow.
798. WILLIAM DEAN was indicted for breaking and entering the dwelling-house of John Linny , on the 24th of February , and stealing 80 yards of silk, value 8l. 10s. , the goods of Frederick Judson .
The silk in question was in a loom, in the process of manufacture; it was cut through in the middle, but both ends remained on rolls in the loom: the asportation not being compleat, the prisoner was ACQUITED .
ELIZABETH SMITH, SUSANNAH THOMPSON, SUSANNAH THOMPSON.
Guilty; Guilty; Not Guilty
799. ELIZABETH SMITH , SUSANNAH (THE WIFE OF RICHARD) THOMPSON , and SUSANNAH THOMPSON (THE YOUNGER), were indicted for stealing, on the 2d of February , at St. Mary-le-bone, 2 work-boxes, value 3l.; 6 pairs of scissors, value 5s.; 1 silver pencil-case, value 5s.; 1 silver snuff-box, value 15s.; 2 rules, value 5s.; 1 bracelet, value 15s.; 5 needle-cases, value 5s.; 1 comb, value 2s.; 1 tape measure, value 2s.; 1 pair of spectacles, value 10s.; 5 shawls, value 26l.; 7 shirts, value 3l.; 1 night-gown, value 15s.; 1 pair of drawers, value 4s.; 2 caps, value 5s.; 2 handkerchiefs, value 5s.; 1 clothes bag, value 1s.; 1 silver watch, value 4l.; 2 coats, value 2l. 10s.; 2 miniature pictures, value 4l.; 2 petticoats, value 15s.; 1 gown, value 1l., and 1 velvet reticule, value 10s., the goods of Valentine Bartholemew , in his dwelling-house .
VALENTINE BARTHOLEMEW. I live at No. 16, Foley-place, in the parish of St. Mary-le-bone ; the prisoner Elizabeth Smith was in my service, as housemaid, for about ten days before the 2d of February, and was so on that day. Thompson, Sen. had been employed at my house as a laundress during that week; I understood her to be a married woman. The 2d of February was on a Saturday - Thompson had done her employment on the 2d of February; had no other servant. I went out about nine o'clock that morning, leaving my wife and Elizabeth Smith alone, but nobody else; I returned about a quarter before two o'clock- I went up into the second floor front room, which I use as a sitting-room, as a study; I missed from there two coats; I was going to change my coats: I took no notice of it, except that Smith was in the room at the time, and I asked her where the coats were - she said she did not know: I said nothing more to her then; Mrs. Bartholemew was out; she came in a little after two o'clock, and went up stairs in the second floor back room, which was a bed-room; I still remained in the front room - Smith was still in the front room with me. I heard Mrs. Bartholemew call to Smith; the door between the room being open she called to Smith, and asked her if she had been emptying her drawers; Smith said she had not touched the drawers - I then said I missed two coats: my wife opened several drawers, but I was not in the room at that moment; we called in a neighbour or two, and I immediately went to Marlborough-street for an officer; I have never found my
coats again - they were worth about 2l. 10s. together: very shortly after I missed some shirts and black stockings, some of which have been found; I saw them in the custody of Phillips, an officer.
MRS. ADELAIDE CHARLOTTE EVELINA BARTHOLEMEW . I am the wife of Valentine Bartholemew. I remember my husband going out on the morning of the 2d of February; I went out at half-past eleven o'clock, and left Elizabeth Smith in the house - nobody else to my knowledge; I believe she let me out, but am not certain: I returned a little after two o'clock; I went up stairs, passed through the front room, spoke to my husband, and then went into the back room - the two rooms communicate; I opened one of the top drawers, and found it empty - I called to Elizabeth Smith, who was in the front room, and said, "Why, Elizabeth, have you been taking any thing out of this drawer, and emptying it?" she said No, she had not touched it; my husband then said he missed two coats: I opened the other drawers, and found them all empty almost, except one; a great many articles were taken away - a few of them have since been found: five or six shawls were taken away; three of which, two good ones, and an old one have been found; one of those missing was worth about 2l. 10s., and the other about 30s.; I afterwards examined, and missed a silver watch from the front room chimney-piece; it was mine, and had been my father's; my husband was not in the habit of wearing it; I had seen it the day before, but do not recollect seeing it that morning; I had put it there to get mended several days before - it has not been found; it was an old silver French watch, worth about 10s. I suppose, but do not know the value; it had a glass on one side - I do not think it had a double case; some work-boxes were gone - two of them have been found. Susannah Thompson, Sen. had been employed in the house as a laundress, in the early part of the week, I think, but forget on what day. I missed some miniature portraits from the drawing-room where the small work-box was taken from - they have not been found- they were worth about 5l. I suppose; there was a snuff-box with my mother's portrait on it; it was my father's box; the box and all was gone - I suppose the whole together was worth 5l.; I missed more linen from the same room, also a gown and silk shawl. I never saw the younger Thompson at our house.
BENJAMIN PHILLIPS . I am a constable of St. Sepulchre, part of which is in Middlesex. On the 2d of February about nine o'clock in the evening, I met the prisoner Thompson, Sen. near the door of Mr. Stafford, a pawnbroker, in St. John's-street, in St. Sepulchre's parish; I did not know her before - she had a bundle in each hand; I asked her what she had got there, she said a box; I said"Who does it belong to?" she said it belonged to her daughter; I asked where her daughter lived; she said in Windmill-street, at the West end of the Town: I asked where she was going with it - she said she had just been and taken it out of pledge for her daughter.
Q. Speakng of the box? A. Yes; I told her I did not believe that story as I knew she just had been offering to pledge it; I told her so - she said it was a fact and nothing but thetruth; I told her I should take her to the watch-house, she said very well, and I did so: I untied the bundle at the watch-house - one handkerchief contained the largest work-box and nothing else: I asked her what was in that box' she said it was a work-box: I said I saw it was - I turned it to the light to examine it, and finding the lock had been forced, I said "Oh! this ayn't all right." I untied the other bundle and found another smaller work-box on the top and that had been broken open; I found some shawls, and shirts and other things in that bundle; they are all here - I searched her person and found a pawnbroker's duplicate for another shirt, which the pawnbroker has here and belongs to the prosecutor; I found a small bit of soap in her pocket, which appeared to have been used - I asked if she had been at work with it, she said she had not been at work since the Wednesday; I produce the property which I found on her - I am a shoemaker by trade; I have no idea of the value of the work-box - it is fitted up.
MRS. BARTHOLEMEW. I know this work-box - it is one of the things lost; it is fitted up; there were more things in it when I lost it; there was a gold seal; I know this small work-box and the other things here are three shawls, and this linen is all ours. All these things were missed from the house - I had seen the shawls safe - I had taken two of them off the evening before; part of the linen was in use; I had seen the large work-box that very morning just before I went out - my drawers were not locked.
Cross-examined by MR. PHILLIPS. Q. I believe Smith's box was opened and searched? A. Yes; Clements searched it; I was not present.
GEORGE WALKER . I live with Mr. Young, a pawnbroker, of No. 92, St. Martin's-lane; I produce a shirt pawned on the 2d of February; I cannot tell at what time of the day; I have no recollection of the time, but am sure of the date - it was pawned by a woman; I cannot say whether it was either of the prisoners; I believe Mr. Young himself took it in; I have the counterpart of the duplicate; it fits the one produced by the constable, which is the one given to the person who pawned the shirt.
THOMAS CLEMENTS . I am an officer of Marlborough-street Office. On the 2d of February Mr. Bartholemew came to the office, and I went to his house between two and three o'clock: I saw the prisoner Smith there, and questioned her who had been there, after her master and mistress went out: she said nobody; I said, "Have you been out yourself?" She said not. - I asked her who her acquaintances in London were; she said she had no acquaintances in London - that she came from Salisbury. I said it appeared very singular, for no force had been used, and the robbery must have been done by some person acquainted with the house; I told her so, she still said no one had been there, and she had not been out. I asked if she had lived in any other situation before she lived with Mr. Bartholemew; she said she had lived with Mrs. somebody (whom she named. but which I forget,) in Margaret-street, and that she had been a very short time at that person's house; that before that she lived with Mr. White, a shoemaker, in Oxford-street, and before that at Mr. Porter's, Sidney-street, Mile-end. I went to Sidney-street, and I found no such person; it was a new street, and not finished; I went in company with Mr. Bartholemew to this house in Margaret-street; and found the person she named, but whose name I forget. I left her in the custody of Goddard, and went out to make these enquiries with Mr. Bartholemew; and in
consequence of information which I received, I went to No. 44, Windmill-street, and found Susannah Thompson, Jun. there, living by the name of Mrs. Williams; there was a man named William Wood with her; this was near six o'clock in the evening; I asked Susannah where her mother lived - she told me she lived in Noel-street, but that she had sent her to the City to get some money to pay her rent in Windmill-street; I went to Noel-street, leaving Goddard with her - I waited at Noel-street the greatest part of the night, expecting the elder Thompson to come, but she did not; I went back and took Elizabeth Smith to the watch-house - Avis, another officer took Susannah Thomposn, Jun. to the watch-house; I left Mr. Bartholemew at Noel-street while I was absent, and returned there.
Cross-examined. Q. When you told Smith no force was used, were you aware that Mrs. Bartholemew had left her drawers open? A. I was not aware of it then, I have since heard so - I should say I also examined several valuable dressing-cases at the house, which had been unlocked.
HENRY GOODARD . I am an officer of Marlborough-street - I went with Clements to Mr. Bartholemew's and heard the conversation he had with Smith - he has related it correctly - I was left with Susannah Thompson, Jun. but had no conversation with her: I should say, that in the absence of Bartholemew and the other witness I was alone with Smith for upwards of an hour; I did not desire her to make any confession, but she said she hoped that if Mr. Bartholemew and Clements had gone to Mrs. Thompson, that Mrs. Thompson would say Mrs. Thompson had not been there that day, for that Mrs. Thompson and her daughter had been there.
Q. She said they had been there? A. Yes my lord.
Cross-examined. Q. Did she tell you at the same time that she was afraid of letting her master and mistress know these people had been there, as they had been forbidden the house? A. No; I sat down in the kitchen while she got her tea and cleaned herself: I asked her if Mrs. Thompson the charwoman had been there, and she denied it.
Q. Did she not, in the course of the conversation, say that Mrs. Thompson had been denied the house by her mistress, which was her reason for saying at first she had not been there then? A. I recollect nothing of the sort - it could not have passed and I not recollect it.
COURT. Q. You at first enquired if Mrs. Thompson had been there? A. Yes, and she denied it; she afterwards said if Mr. Bartholemew and Clements were gone to Mrs. Thompson, that she hoped she would say she had not been there, but that she and her daughter had been there.
WILLIAM LANKSTON . I keep the Duke of Bedford public-house, Golden-lane; the name of the sign was changed on the licensing day, the 13th of March - it was called the Lionand Lamb in February; the prisoner Susannah Thompson, Jun. frequently came to my house with Wood, her husband; I think they have been there about half a dozen times, not more.
Q. Do you recollect on any occasion, Susannah asking whether her mother had been there? A. I have some slight recollection of it; I think it was Wood or the woman, I cannot till who - it was in the evening, but I cannot tell on what day; I attended at Marlborough-street on the 8th, I think.
Q. Was the substance of the question to enquire whether her mother had been there? A. Yes; I am sure that was asked; that is all I recollect - I did not know her mother; I never saw her till I saw her at Marlborough-street, which was on the 13th of March, I think; Susannah Thompson, Jun. and Wood were at my house perhaps a week of a fortnight before that time - that was the last time that I saw them.
MRS. BARTHOLEMEW. I went outabout half-past eleven o'clock that morning - Smith either opened the street door for me, and either shut it herself or I shut it myself - I am certain it was shut, it might be opened from without by a latch-key - my kitchen is down stairs in the basement, the house has two rooms on a floor.
Q. Are you sure the door was not left open when you left the house? A. I think not; she washed the door - but I think that was after I left. Two of these shawls are India, and worth about 26l. together - I did not buy them, they belong to my mother.
Q. The two together then are certainly worth more than 10l.? A. O yes - Smith had been ten days in my service; I had her from a person in Margaret-street, where she had lived as a servant about a month, I believe.
Cross-examined. Q. Had you forbidden either of the Thompson's your house? A. Not at all - I never saw the young one, and did not forbid the house to the mother; she was recommended to me by Elizabeth Smith; she came to the house one day as a charwoman - I believe it was the day after Smith came; she was afterwards there two days to wash and iron.
MR. BARTHOLEMEW. When I came home, I knocked at the door, and rang I believe - Smith opened the door and let me in; it would require a latch-key and a large door key also to open the door from without - for both the latch and the bolt of the lock were kept fastened usually; it is a spring lock - it is possible the latch might not have been down, as it was occasionally propped up with a piece of wood, which we had frobidden - the lock was a good one, I had previously had it repaired.
Cross-examined. Q. How long had you been out? A. I went out at nine o'clock and returned a little before two.
WILLIAM WOOD . I have come here in custody from Clerkenwell Prison - I was sent there on the Monday after the officer came and found me and Susannah together; I was taken on a charge of robbing Mr. Bartholemew's house - I know all the three prisoners; the younger Thompson lived with me at No. 44, Windmill-street - she lived there before I knew her.
Q. Did you know her, or her mother first? A. I knew her first - she came to see her brother in the ship which I came from Bermuda in; I had no connexious in London, and went home with her brother to lodge at her mother's house, at No. 5, Queen-street, which goes out of Windmill-street; I had returned from Bermuda about three months when I was taken up - I and Susannah had lived together from the time I came on shore, which was the 2d of December.
Q. That would be but two months - did you ever go with Susan, the daughter, to Mr. Bartholemew's? A. Yes, on the Wednesday before the Saturday the robbery was committed, we went there and I lunched in the kitchen with
Elizabeth Smith there, that was on the Wednesday before I was taken up; Mrs. Thompson was there ironing at the time - while I was there Smith told me she wished she had known I had been transported before; I had been transported for 14 years, but got the King's pardon after seven years for my good behaviour, and was allowed to return home.
Q. How came she to know you had been transported? A. I suppose Mrs. Thompson must have told her so.
Q. Did she give any reason for wishing to have known it before? A. She said she could have loaded me and Mrs. Thompson, and all of us with plate, from where she had lived before; she asked me if I could sell some tea spoons for her that she had in pledge, and which she had taken from the place she was in before; she told me the first opportunity she had, she intended to take some property from Mr. Bartholemew, that there was not much plate there, but she would take what there was, mentioning what there was - she said she was tired of her place, for there was so much work to do; she said Mr. and Mrs. Bartholemew had a present made them a little before of some spoons, and I think a tea pot and fish slice; I do not think she said much more - Mr. Bartholemew came in; he knocked at the door, and before she went up to let him in, she put me and Thompson, Jun. in a kind of coal cupboard, under the stairs, and shut us in; I believe she then went up to let him in - either she or Mrs. Thompson did; I do not know whether he came down stairs - I heard him somewhere, and Smith gave him two letters, which I had seen come in while I was there; she then let us out and told us we had better go home - she said nothing more at that time; she had said that when Mr. and Mrs. Bartholemew were out, she would send for me down to Susannah Thompson; she did not say who she would send for me; I lived about a mile or more from Mr. Bartholemew's, this was on Wednesday, and on Friday evening Mrs. Thompson came to me; I cannot say at what time she told me I was to stop at home the next day, for Betsey (meaning Smith) would come or send down for me, for she wished to see me particularly; I cannot say whether Susannah was with me at this time - Mrs. Thompson slept there that night, and went out about nine o'clock in the morning and said she was going to Mr. Bartholemew's, at Foley-place - I staid at home - she went out alone - her daughter went out about an hour after that, it was before the mother returned; Mrs. Thompson returned first and told me Betsey wanted me; that I was to go with her directly; I went with her to Foley-place; I had not seen Susannah in the mean time; I did not go into the house - Mrs. Thompson said I had better go into the public-house and wait till she went, and told Betsey I was come; I went into the public-house, in Foley-place - I do not know the sign; Mrs. Thompson came to me there alone, in about ten or twenty minutes, and told me Smith wanted me; I went with her into Mr. Bartholemew's house - Betsey let us in; I did not see Susannah there at all - I had not seen her since she went out in the morning; when Betsey let us in there were two large bundles standing against the parlour door, they might be about the size of the bundles produced; she said nothing to me then, but gave Mrs. Thompson a jug and told her to go for some beer or porter and to make haste back; I stood in the passage talking to Elizabeth till Mrs. Thompson returned; she told Mrs. Thompson she had better carry out the two bundles, that people might think they were laundry clothes, she being the washerwoman there; she carried out the two bundles; Elizabeth said, I had better take them to a place which Mrs. Thompson knew of, where they could be disposed of.
Q. Did she then say anything about the tea-pot and plate? A. No. She said she had taken all that was worth having, at least all that she thought she could take without their missing it.
Q. When Mrs. Thompson came back with the beer, did she go down into the kitchen? A. She did, and came back directly; she took out the two bundles and carried them to our lodging at Windmill-street. I did not help to carry them at all; we opened the bundles at our lodging; Susannah had not come home then; the bundles contained shawls and shirts, a silver watch, some miniature pictures, and dressing boxes. I tied the things up in two bundles, gave Mrs. Thompson one, and asked her to meet me at the Lion and Lamb, Golden-lane; I took the other bundle into a little street next to Golden-lane, to a Mrs. Phillip's house; I sold it there; it is a place where they buy stolen property; a young man who came from Bermuda with me had taken me there; that was the way I became acquainted with the people; I do not know whether that property has been found; the goods I sold there came to 2l; I received 1l. 19s. as she sent for 1s. worth of beer and gin out of it, which I drank some of; I then went to the Lion and Lamb alone; I did not find Mrs. Thompson there. I waited there I dare say an hour or two, and then went back to our lodging; Susannah Thompson, Jun. Was at home then, and was cleaning up the room. I asked her if her mother had been there; she said, No; I asked her to go with me to see for her, and told her where I had appointed to meet her; this was about four or five o'clock I suppose, but I cannot be certain; she went with me to the Lion and Lamb; I saw the landlord and landlady, and asked if anybody had been there asking for me; they said No, and I believe Susannah said, If her mother came and brought anything, to keep her there, until we came back; she said that, or words to that effect. We went back to our lodging, and had not been there above and hour or an hour and a half, when Clements, the officer, came; I was not taken into custody myself until Monday; I went away after the officers were gone, leaving Susannah there, and did not return; they found me in Golden-lane on the Monday.
Cross-examined by MR. PHILLIPS. - Did you tell the Magistrate what you were transported for? A. Yes; I told him it was about a hat, I was charged with it at the time of the Reform meetings at the Manchester riots.
Q. Did you not tell them it was for a riot? A. Not merely; I being supposed to be concerned in the riots, carrying the cap of liberty; I was charged with stealing a hat; I was in prison once before that, and only once, and I was acquitted; it was about some notes that were found; a man said they were found, a gentleman said he had lost them; I was never in prison except on those occasions; I had only been to Mr. Bartholemew's house once before.
Q. Do you know what a skeleton key is? A. I do not, on my oath; I never saw one in my life; I was in the house about an hour when we were hid under the stairs; I was never up stairs at all. Smith put us under the stairs, as she said her master would not like to see us in the kitchen.
Q. Were you not greatly shocked at its being proposed
to you to rob the house? A. No - I was sorry afterwards that I had been so foolish as to be led into it; I was partly forced into it.
Q. You were not shocked at all? A. I had spent all my money; I gave information, I think, about a week after the robbery. I was then in custody.
Q. Did you give information because you were shocked and sorry, or to save yourself? A. I would have told at first, but I was afraid of myself; I gave information because I was sorry for what I had done, and to save myself - I could not sleep, for I felt I had done wrong, and that was the reason I told - that was my only reason; I would have told before, but I was afraid of other people taking my life, if I had been put among them.
Q. On your oath, did you never say you gave information to save your own neck? A. No, nothing of that kind.
Q. Did you ever say that the prisoner Smith was as innocent as a child unborn; and that you had impeached her and the other prisoners to save your neck? A. I never said that; I always said we were all innocent, because I was afraid to say we were guilty; I never said the reason I gave information was because I knew the officers were in search of me. I know Joseph Jones - he was in Clerkenwell prison - he was there for trial for something; I do not know what; I never said any thing to that effect to him.
Prisoner THOMPSON, SEN. Which way did I go with the bundles, or did I fetch them out of any public-house. I deny fetching them; he says I went to a public-house, and that he had a glass of ale, I a glass of gin, and fetched him out, and I did nothing of the kind; the publican was brought forward, and said he never saw me - did I go to you and say Smith sent me for you to come and take away the bundles? Witness. She said Elizabeth or Smith had sent her for me.
MR. BARTHOLEMEW re-examined. Q. Do you remember going home on the Wednesday, before the Saturday? A. I cannot recollect it - I certainly was at home on the Wednesday; I believe it was on Saturday that Smith gave me the letters, but I do not recollect. We had no silver tea-pot; we had a plated fish-slice, but not a silver one; we had no plated tea-pot.
- YOUNG. I am a pawnbroker. I took this shirt in pawn, which the witness Walker has produced; it was pawned by a woman, and who I believe, to the best of my recollection to be the prisoner Thompson, Sen. - I had never seen her before to my recollection.
SMITH'S Defence. I am quite innocent of the charge; I never saw that man.
THOMPSON, SEN.'s Defence. On the Wednesday I was ironing for Mrs. Bartholemew; I finished all but the servant's things, and she asked me to come on Saturday and finish ironing her things, and to bring my daughter and have a bit of lunch, when she had her dinner. I went according to my promise on the Saturday, to iron her caps- I was there about eleven o'clock; she said her master was gone out, but her mistress was up stairs, but she thought it did not make any difference, as her mistress never came down stairs; my daughter came soon after, and gave me a letter to take into the City, where I go to receive money; before I went with the letter I had half a crown from Elizabeth to fetch some beer for lunch; I left the door ajar, and when I came in with the beer Wood came in, and went up stairs. we all three went and lunched down stairs together, and when I went into the City Elizabeth came up and let me out - Wood was there without his coat; he said he wanted some money, and gave me his coat to pawn, which I did for 4s.; I returned back, and knocked at the door; he came down stairs, and let me in; I went through the the shop, thinking nobody was there, and he asked why I knocked; he gave me a bundle tied in a handkerchief, and told me to go to the Lion and Lamb in some lane, I forget the name - I went to Finsbury-square, and inquired for Mr. Lankston; I had been to Mr. Lankston's before, with a letter for some money. I went to Hill-street, where he gave me a letter to go to one Callaghan; I went there, went into a public-house, and ascertained where Callaghan had lived, and found he was gone away; I came back with the letter again: and on Saturday I could not find Mr. Lankston out, and went to the landlord at the corner of Hill-street, thinking he might tell me, but not finding him I returned to my daughters, and as I was going in I met a person who said the officers were after me, and she thought they were at my daughter's - I returned to St. Martin's-lane, and went into a pawnbroker's, opened the bundle, took out a sheet, and pawned it for 4s. - I then went to Hill-street, Berkley-square, again, thinking I might meet him; I asked a woman to direct me to the pawnbroker's; I went and offered the box - the pawnbroker said I did not get the things honestly; I did not know what was in it, but being in confusion I wished to get rid of the things - the officer took me when I came out- Elizabeth Smith had given me some bundles. A witness said he had seen me with two bundles; I said it was Wood did the robbery, and gave me the bundles; Smith knew nothing of it, nor does my daughter. Wood is the man who did the robbery, and he has Mr. Bartholemew's coat on his back now; as for Mrs. Phillips I know nothing about her.
JOSEPH JONES . I was in Clerkenwell prison when the witness Wood was there; I was there for a common assault - I surrendered to my bail. I had some conversation with him respection the robbery said to have been committed by the prisoners; he told me Smith was as innocent as a child unborn, and that he impeached her and the other prisoners to save his own neck.
One witness gave Smith a good character.
SMITH - GUILTY - DEATH . Aged 19.
S. THOMPSON, Sen. - GUILTY - DEATH . Aged 17.
S. THOMPSON, Jun. - NOT GUILTY .
GEORGE ARCHER.
Second Middlesex Jury - Before Mr. Justice Park.
800. GEORGE ARCHER was indicted for stealing, on the 5th of April , at St. Ann, Westminster, 30 yards of woollen cloth, value 40l. the goods of Richard Ponder , in his dwelling-house .
RICHARD PONDER. I live at No. 19, Gerrard-street, in the parish of St. Ann, Soho . On the 5th of March, between six and seven, nearer to seven o'clock, I was in my kitchen, after having taken my tea; my servant alarmed me - I went up stairs, found the street door open, which leads to the passage; the shop door is inside of the passage; I am a tailor; in consequence of seeing some persons go from the door, I went into the shop, and discovered a quantity of cloth had been stolen off the shelf in the shop - it was broad cloth, not exceeding thirty-two yards in length and was worth at least 40l.; there had
been about forty six yards at first, it cost me 27s. 6d. a yard; I went out in pursuit to several different pawnbroker's; as I went into my shop, I trod on a coat which was on the floor and which coat was mine; it had laid on the cloth in my shop - I afterwards received information from two boys, named Clark and Spencer; I went to Mr. Hartley's, a bellhanger's, in Crown-street, Soho - I first saw his wife and asked if she was proprietor of the house, she referred me to her husband, who was in his working dress; I requested him to endeavour to recover my property, which I told him had been traced into his house; he allowed me to open two rooms in the house, but refused to shew me an upper room because I had not got a search-warrant - I found on the turn of the stairs in his house, two pieces of cloth which formed part of a coat that laid cut out on my board - I claimed it as mine. This was before I asked him to let me search the upper room; I should say he did not refuse to let me go up, but refused to let me go into the front room - the two pieces of cloth I found are in the officer's possession; I sent my apprentice for some officers - some persons came, who represented themselves to be officers, but they refused to proceed; I went to Bow-street, before Mr. Halls and got some officers - we examined Hartley's premises then without a warrant; they came to apprehend Hartley - they found no more of my property there; another piece of cloth was found on the step and brought to me by a lad who is here. Hartley was violent about the matter; I have got back three pieces of cloth - I might call it four as there was a double piece.
Cross-examined by MR. PHILLIPS. Q. Have you any partner? A. No.
SARAH COCKRANE . I am the prosecutor's servant. On the 5th of March, between six and seven o'clock in the evening, there was knock at the door; I went to the door and found a man there; I cannot positively swear to him, but believe the prisoner to be the man - I am not sure; he said he came from Mr. Watson's, in Fitzroy-square to take back some patterns: I said "Is it to Mr. Ponder;" he said, Yes - I went down to master leaving him in the passage; master came up - I did not go up with him; the man had dark clothes on, but I am not certain what colour.
Cross-examined. Q. Whether it was black, blue or brown you cannot tell? A. No; master's passage is rather dark - it was dusk.
JOSEPH CLARK . On the night in question, I was near Mr. Ponder's house; I live in King-street - I was in George-yard, which comes into Prince's-street and Macclesfield-street, which is at the bottom of Dean-street; Mr. Ponder's apprentice came to me in George-yard, and after that I saw three men taking a roll of cloth away - they were carrying it away: I saw them take it from right opposite the shop door of Mr. Slater in George-yard, where I work. The prisoner put the cloth on his shoulder - I am sure he is the person; he carried it away - he went up King-street, which leads towards Crown-street; I followed and saw him go into Mr. Hartley's house, the bell-hanger's, in Crown-street: I am certain I saw him go in there; the other two men went away - Hartley's door was open; he shut it when he went in - my little brother and James Herrol were with me; I went back and told Mr. Ponder - I am sure the prisoner is the man.
Cross-examined. Q. Was it not rather dusky? A. Yes - but the shops were lighted; I was at play in the yard; Clark and Herrol, two little boys were with me in the yard; they were before the Magistrate, but were too young to be examined; I did not know the prisoner before - I could not see what colour his coat was - I could only see that it was a dark coat with gilt buttons; I am learning the tailor's business.
WILLIAM SPENCER . I was in Crown-street, Soho. On this night, there was a noise and bustle by Hartley's house, and on the step of Hartley's door, I found a piece of cloth, which I gave to Mr. Ponder, who was in the house, and claimed it.
WILLIAM RICHARD HARTLEY . I keep this house; the prisoner came to my house on the 20th of March, 1827, and has lodged there ever since - I do not know what he is, but I always supposed him to be waiter at a gambling house, from his style of dressing; I remember Mr. Ponder coming to the house - I immediately let him into the rooms.
Q. On your oath, did you not refuse him admission into any rooms, but the two on the first floor? A. He went to the second floor; I did refuse him admission without a search-warrant; it was through an irritation of mind.
Q. Did you not say, you knew the honesty of all your lodgers, and refuse to let him search without a warrant? A. I did. Two pieces of cloth had then been found; I did not directly refuse admission - not till the irritation was produced by the crowd round the door; I did not see the prisoner come in with any thing that evening; the pieces of cloth were found on the first floor stairs, which lead to the prisoner's room; he was not at home at that time to my knowledge; Mr. Ponder went into his room with me at first, and he was not there.
FRANCES HARTLEY . I am the wife of William Richard Hartley; the prisoner lodged in our house for twelve months. On the evening of the 5th of March, I cannot recollect whether he was in the house at the time Mr. Ponder came - I was at home, and saw him go out about half-past six o'clock, and saw him go out a second time at half-past seven o'clock; Mr. Ponder had been to the house then; he was not there when the prisoner went out.
Q. He had gone away for an officer, had he? A. He was gone away, I do not know what for; when the prisoner went out the first time, at half-past six o'clock, he was dressed in white stockings and shoes, light breeches, and a dark green coat; I did not see him come in, but saw him go out again at half-past seven o'clock, with a pipe, smoking, in his mouth; he had not changed his coat - he still went out in the dark green coat; he did not light his pipe at my fire; he might have both fire and candle in his own room for what I knew; I never go into his room.
SAMUEL STEVENS . I am an officer. I have the pieces of cloth - the cloth itself has not been found; this is merely the pieces the prosecutor gave me, which he found.
RICHARD PONDER . I know this piece of cloth; it was cut by me, and wrapped up about three quarters of a yard into the whole piece of cloth, and it is part of the same piece of cloth as was lost - it is black; I have no doubt whatever of it being mine - it is my own cutting.
Cross-examined. Q. Do you swear to the cutting or the private mark? A. To the cutting - it is a piece which came out of a coat which I had recently cut, and which
laid on the board, and the cloth must be in an uneven shape to produce two such pieces as these; it is very much to the disadvantage of the owner to produce two such pieces of cloth. I not only know it from its extraordinary shape, (for with the thousands of coats I have cut, I do not suppose I ever produced such a piece before, and besides that,) it matched the coat which I cut - I compared it before the officer.
SAMUEL STEVENS . I saw him compare these two pieces of cloth with the coat, which laid on the board; they matched exactly.
MR. PHILLIPS to F. HARTLEY. Q. Was there a tailor living in your house at that time? A. Yes, and he lives there at present.
Prisoner's Defence. I was at home at two o'clock on the 5th of March; I had my dinner, and went out in the City - I did not return till half-past eleven o'clock at night, and believe a person can prove I was not at home from two o'clock till half-past eleven at night. I knew nothing of the robbery till next morning.
ELIZABETH DIXON . I know the prisoner - he is married. I remember a gentleman and some officers coming to Mr. Hartley's house one day in March - it was on a Thursday evening; I rented the kitchen in the house at that time - I lodged there.
Q. Did you happen to keep company with Mrs. Archer that day? A. Yes; I saw the prisoner till two o'clock; he went out then, and I understood he was going to his father's; I was backwards and forwards with Mrs. Archer till half-past ten o'clock at night; I was not out of her room five minutes from half-past five till half-past seven or eight; the prisoner did not come into the room during that time; he had not come in at half-past ten o'clock, when I went down stairs to bed.
Q. How came you in her room? A. She was rather poorly, expecting to lay in; I had engaged to attend her, and was with her.
COURT. Q. What makes you know it was Thursday? A. I take in washing, and I always get it in on Thursday morning; I wash for Mr. Buckland, of Noel-street, and fetch the linen regularly every Thursday - I am positive it was on a Thursday.
Prisoner. The person whose house I was at is in Berkshire, or I could have him here. When I was at Bow-street the boy who was with the other was called, and said it was a taller man than me.
JURY to JOSEPH CLARK . Q. What coloured stockings had he on? A. White.
BARNET BENJAMIN.
801. BARNET BENJAMIN was indicted for stealing, on the 20th of February , 1 silver mustard-pot, value 6l., the goods of Sir Henry Watson , Knt. , in his dwelling-house .
SIR HENRY WATSON, KNT. I live in Cavendish-square, in the parish of St. Mary-le-bone . I lost a mustard-pot, which was in charge of my butler in February, 1826, and did not see it again till it was produced at Worship-street about a fortnight ago by Vann. I know nothing of the prisoner.
GEORGE WIDDOWSON . I am nephew to Mr. Salter, a silversmith of the Strand. I sold this mustrad-pot to Sir Henry Watson.
JOHN WOODS . I was servant to Sir Henry Watson in February, 1826; this silver mustard-pot was in my charge, and was usually kept in the plate-chest, or locked up in the pantry, in my possession; I missed it at half-past two o'clock on, (I think,) the 26th of February; I had seen it before one in my bed-room - Lee, one of my fellow-servants had access to my bed-room, but nobody else; I have no knowledge how the mustard-pot went: I made inquiry for it as soon as I missed it, but it was not found; my fellow-servant is in the country. I never saw the prisoner about the house; my bed-room is in front of the house, on the basement; there was no appearance of any one having been into the room.
JOHN VANN . I am an officer. On the 11th of March. 1828, I searched the prisoner's house; he lived at the corner of Play-house-yard, Golden-lane: I found this mustard-pot in a clothes basket, under some dirty clothes, at the top of his house.
JOHN WOODS . There is no private mark on the mustard-pot, but I have no hesitation in saying it is the same; I know it by the shape; the crest was on it when lost, but it has now been taken off.
JOSEPH CRADDOCK . I made this mustard-pot for Mr. Widdowson; I never made but two with this sort of handle - it is worth about five guineas.
GEORGE WIDDOWSON . I know it by the pattern - we have the other in stock, which matches with it; there were only two made of this pattern; I sold it for 6l. 18s. in December, 1821; the crest which was on it is now taken off: I would have given five guineas for it before the crest was taken off.
Cross-examined by MR. CLARKSON. Q. Do you mean that at this time you would give five guineas for it? A. Yes - it is as good as it ever was.
Prisoner's Defence. I bought it in the trade, and gave a very fair price for it; I bought it for my own use about five months ago, and gave 9s. an ounce. I bought it at a house of fair trade, and a mustard-spoon with it.
CHARLES DUTTON.
Theft: simple larceny.
First London Jury - Before Mr. Recorder.
802. CHARLES DUTTON was indicted for stealing, on the 20th of February , 1 saddle, value 1l. 15s.; 2 stirup leathers, value 2s., and 2 girths, value 3s. , the goods of Henry Harland .
The prisoner pleaded GUILTY . Aged 17.
Confined Twelve Days .
THOMAS SEXTON, .
803. THOMAS SEXTON and CHARLOTTE HIS WIFE , were indicted for stealing, on the 25th of February , 50 sheets of printed paper, value 2s., and 20 lbs. weight of waste-paper, value 10s. , the goods of Andrew Spottiswoode and another, his partner.
Thomas Sexton pleaded GUILTY . Aged 64.
Confined Fourteen Days .
THOMAS LYONS . I superintend the press department of the business of Andrew Spottiswoode and another. In February I was informed some paper had been taken - I found this paper at Pullen's, a cheesemonger, in Tabernacle-walk, which I know to have been taken from our premises in New-street-square. The prisoner Thomas was
employed on the premises; I have seen his wife there once or twice, but not for some time before: when she came it was only to call for her husband; he had access to the paper; it is worth 10s. or 12s.
JOHN MASON . I am shopman to Mrs. Pullen, a cheesemonger, of Tabernacle-walk. I bought this paper of the female prisoner, at 4d. a pound, at different times; she might bring half a crown's worth at a time; I did not ask how she got it.
EDWARD MIDDLETON . I am a cheesemonger. I bought some paper of the female prisoner, at 3 1/2d. a pound; the most I paid her at one time was 2s. or 2s. 6d.; I had known her for about two years, by her coming to my shop- Lyons saw the paper, and claimed it.(Property produced and sworn to.)
SARAH SEXTON - NOT GUILTY .
SARAH PICTON, ELIZABETH JONES.
Theft: stealing from master.
804. SARAH PICTON and ELIZABETH JONES were indicted for stealing, on the 25th of February , 1 table-cloth, value 1s.; 2 pieces of a table cloth, value 3d., and 3lbs. of candles, value 1s.6d., the goods of Robert Nunn Glover , the master of the said Sarah Picton .
ROBERT NUNN GLOVER . I am a fishmonger and live in Newgate-street ; the prisoner Picton was in my service for not quite three months - I received a good character with her; we suspected things were pilfered for some time. On the 25th of February, about eleven o'clock in the morning, Jones called to see Picton, her niece and as she went out, my suspicions were excited from her manner - I followed her to the Old Bailey, and asked her to step over the way as I wished to speak to her about her niece being intoxicated on the Sunday - when she came over I found something concealed under her cloak; I asked what it was, she said it was nothing particular - it was what her niece Sarah had given her; I found it was about 2lbs. of candles, rolled up in a whole table-cloth, and two halves of another table-cloth. Picton had no permission to give anything away; I gave her in charge of an officer, who took her to my house - Jones never visited her niece but once before, to my knowledge - we had not forbidden her having female visitors.
Cross-examined by MR. ADOLPHUS. Q. How long before had Jones been? A. About a fortnight or three weeks after she came - the prisoner called her aunt in my presence, and asked leave for her aunt to go up stairs; I had not the least suspicion of either of them - Jones said her niece had given her the parcel, and she did not know what was in it; it was wrapped inside her cloak - my suspicion was excited by her bulky appearance.
MARY GLOVER . I am the prosecutor's wife. I only recollect Jones calling once at our house before this - Picton called her aunt. On the day in question Jones came about ten o'clock and might stop half an hour - we had no other female servant; I saw her leave the house - Mr. Glover went after her: when she was brought back, I identified the table-cloth by the letter G. on it; there is no mark on the two pieces, but I have the fellow piece - it is a large table-cloth, and being worn, was divided into three parts- Jones was left below while the officer went and searched Picton's box - when I came to look at the candles, I missed some; I never allowed Picton to take them out of the place herself; nothing was found in her box; when she found her aunt was in custody, she fell on her knees and voluntarily acknowledge that she had stolen them and given them to her aunt.
Cross-examined. Q. You are sure of the table-cloth? A. It is my own marking; her aunt said, he knew nothing of the contents of the bundle; but I have no recollection of Picton saying her aunt did not know the contents.
JOHN LACY HAWKINS . I am a marshalman. I took Jones into custody; I took her to the house; I found nothing in Picton's box: I told her the property was found on her aunt - she then fell on her knees, and said she hoped her mistress would forgive her.(Property produced and sworn to.)
The prisoners received a good character.
PICTON - GUILTY. Aged 29.
Recommended to Mercy, on account of her character .
JONES - NOT GUILTY .
WILLIAM WESTON.
805. WILLIAM WESTON was indicted for stealing, on the 2d of April , 7 prints, value 1d; 1 half-sovereign, 1 half-crown, 29 shillings, 113 sixpences, 106 penny-pieces, 180 halfpence, and 4 farthings , the property of Theodosius Williams , his master.
THEODOSIUS WILLIAMS. I am proprietor of the New Post-office Coffee-house, St. Martin's-le-grand . The prisoner had been my waiter for about a fortnight - I had not settled with him about wages; I do not know whether my sister had - she is my housekeeper; I was out on the 2d of April.
Cross-examined by MR. CLARKSON. Q. Is this a coffee house, or a coffee shop? A. I call it a coffee-house - I sell no wine, nothing but coffee; I have one lodger.
Q. I am told the prisoner was to have what he could get? A. No, that I never allow - I was to see what he was capable of, before we came to terms; he had lived at a house of the same description on the opposite side of the way, which was to be pulled down: I charged him before the Alderman with taking money, but the Alderman thought the prints sufficient, as I could not identify the coins.
THOMAS WILLIAMS . I am the prosecutor's brother. On the 2d of April I was in the coffee-shop, minding the business - a person in the room gave me information; I asked the prisoner to walk into the bar, and remain there while I sent for my brother - he asked what he was there for, and shuffled into the room; I requested a witness to keep his eye on him - my brother did not come; I sent for an officer, and asked him in the officer's presence what money he had on his person - he said 7s. or 8s. - he was searched, and 7s. 6d., I think, found in his pocket; I asked him to take off his shoes - he resolutely refused; the officer insisted on it, but he refused him also; I asked his reason - he said, "I have money in my shoes, but the money is my own;" after a trifling resistance his shoes were taken off, and 18s. or 19s. in shillings and sixpences found in them; I then went to the room where the servants sleep - he refused to give up the key of his box, which the officer asked him for - he ultimately gave it up; there was a left hand drawer in one part of his box, with 16s. in copper in it - I pointed out some drawers under this drawer, and in them we found 3l. 10s. 6d. in shillings and sixpences, in
cluding half a sovereign; a person in the room produced some prints.
Cross-examined. Q. In what capacity do you attend this coffee-shop? A. I was merely there during my brother's absence - I have nothing to do with the concern; it is an extensive establishment - my sister could not attend to the whole; she is not here - her duty is in the bar generally: Nathan had given me the information; I was before the Magistrate - he was charged there with stealing the money - the pictures was a second charge; I do not know what the commitment was drawn up for - I told the Magistrate a witness had seen him receive money from customers, and put it into his pocket instead of bringing it to the till.
SAMUEL NATHAN . I am a dealer in slippers. I was at Williams's house on the 2d of April - the prisoner was attending the room as a waiter; I observed him take money from the customers two or three times, and put it into his pocket, instead of taking it to the bar - I went and told Williams's brother; he called him to the bar; I went out to fetch the master of the house - when I returned Sargeson gave me information, and I picked up some prints in the box where the prisoner had been sitting - there was a sixpence and a penny-piece on the ground with them.
Cross-examined. Q. Are you a wholesale slipper-dealer? A. Wholesale and retail; I keep no shop, but sell my goods in St. Paul's church-yard; I go to this coffee-shop for refreshment morning and evening; I knew it was not the rule of the house for waiters to put money into their pockets, as I had always seen them put it in the till at the bar; Williams' brother was also acting as waiter - he did not put money into his pocket.
Q. How do you know the prisoner did not intend to return the money to his employer? A. I saw him do this two or three times; and have seen him do it when Mr. Williams was at home, but had no opportunity to tell Mr. Williams. I sometimes sell dozens of slippers at a time, and call that wholesale; I sold twenty pairs last night to the head waiter at the Hummums; I have sold a gross at a time to persons coming to me in St. Paul's church-yard, where I have stood five or six years, and am known.
WILLIAM SARGESON . I am a porter. I was at Williams' on the afternoon of the 2d of April, and saw the prisoner there; I heard an officer was sent for - my attention was not directed to him before that: when the officer was sent for I saw him take some papers from his waistcoat pocket, and throw them under the seat; I saw him putting something from his pocket into his shoes; I picked up the papers - they were pictures; I placed them on the bar, and the officer took them.
Cross-examined. Q. Then Nathan did not pick them up? A. He went first, and picked some of them up; I am porter at the Angel, Angel-street, St. Martin's-le-grand, kept by Mr. Robinson; I live there still, and use this coffee-shop every evening; other persons like myself go there; I dare say there were twenty people in the room; I do not think they knew what was passing, as Mr. Williams kept it private that the officer was sent for; I do not know that the prisoner knew it; I heard it mentioned, but it was not said loud.
WILLIAM HARRIS. I am an officer. I was fetched to this coffee-house, and found the prisoner standing in the bar; the prints were brought to me by Nathan and Sargeson while I was searching him; I found 8s. 6d. in his waistcoat pocket; I suspected he had more, and asked him to take his shoes off, which he refused - I took them off by force, and in both shoes I found 18s. or 18s. 6d. in shillings and sixpences; I found the key of his box in his possession, and said I suspected it was the key of his box; I put it on the drawers while I proceeded to search; he almost immediately made a spring from where he stood, and seized the key: I told him to give it to me, but he said he would not: I was determined to have it, and took it by force, after two or three minutes' struggle; I then took him up to his bed-room, with Mr. Thomas Williams; the prisoner showed me his box; I opened it with the key, and found at one end of it 16s. 2 1/2d. in copper monies, loose, and in a private drawer which I did not notice on first opening the box, I found 3l. and 6d., consisting of a half-sovereign and silver; there were seventy-eight sixpences among it. I took him in charge. I produced the prints and money before the Alderman.
Cross-examined. Q. Did not the Alderman say the only things he could take cognizance of, was the prints? A. I did not hear him say so.
THEODOSIUS WILLIAMS. These prints are mine; they are stamped "Williams' coffee and reading rooms."
Cross-examined. Q. What is the value of them? A. They are taken from the Gentleman's Magazine; I value them at a penny in the indictment, but the injury done to the work is considerable; I consider them worth much more than the price I have put on them.
Prisoner's Defence. I know nothing of the papers.
Of stealing the prints only . - Transported for Seven Years .
SARAH GOODYER.
806. SARAH GOODYER was indicted for stealing, on the 29th of February , 1 pair of stockings, value 1s.; 1 purse, value 1s.; 2 ounces of sewing-silk, value 6d.; 4 cap ribbons, value 3d.; 1 half yard of lace, value 1s., and 2 cap cauls, value 3d., the goods of Francis Metcalf , her master .
MARY METCALF . I am the wife of Francis Metcalf, and live in Queen-street, Cheapside. The prisoner was in our service as a temporary servant - she came on the 29th of February, and about three o'clock that afternoon I discovered a bundle in the kitchen - I had no other female servant; I questioned her about it, opened it in her presence, and found my property in it, but as we could not prove she put it there, that is not included in the indictment: I searched her, and the articles stated in the indictment I found in her pocket, all expect the purse, which was found directly she was taken away; when the bundle was first found she said it was not mine, but when the things were found in her pocket she said, "I took them."
JAMES HARDY . I am a constable, and took her in charge; the property was found before I got there; as I took her along she asked me to go back, and see if her mistress would forgive her, and offered me 7s. to take her back to her mistress - I refused; I found a bunch of keys in her pocket.(Property produced and sworn to.)
Prisoner's Defence. The stockings were lying in the
kitchen; my mistress said, "Sarah. you may throw those stockings away," and I put them into my pocket.
MARY HALEY.
807. MARY HALEY was indicted for stealing, on the 2d of April , 3 pairs of boots, value 8s., and 3 pairs of shoes, value 4s. , the goods of Isaac Holbird .
ISAAC HOLBIRD. I am a shoemaker , and live in Beech-street . On the 2d of April, about three o'clock in the afternoon, the prisoner, who was a stranger, came to my shop to purchase some children's boots - she went into the back shop, close to where these boots and shoes hung; I showed her several pairs, but none suited her - she said she would bring a pattern, and have a pair made by Saturday; as she was going out she looked very bulky - I asked her what she had under her shawl - she said nothing; I felt her, and these boots and shoes fell from her shawl; there are three pairs of each children's boots and shoes; they are worth 8s. or 10s. - I sent for a constable.
Cross-examined by MR. PHILLIPS. Q. Have you made inquiry about her? A. Yes, and find she has four children, and is pregnant - I cannot say that she was in distress.
JOSEPH HORTON . I am a constable. I was sent for, and found the prisoner in the shop, laying on the ground, crying; I searched her, but found no money on her.
JAMES COURT, JOSEPH KRELLE.
808. JAMES COURT and JOSEPH KRELLE were indicted, for that they, on the 23d of March at St. Stephen, Coleman-street, feloniously and burglariously did break and enter the dwelling-house of John Peckham , with intent the goods of the said John Peckham, in the said dwelling-house to steal, and 1 wine-strainer, value 1l. 8s.; 2 shirts, value 3s., and 3 pairs of stocking, value 2s., the goods of the said John Peckham, then and there being found, feloniously and burglariously did steal .
JOHN PECKHAM. I am a livery-stable keeper , and rent a house adjoining my stable-yard - it is in Coleman-street, in the parish of St. Stephen, Coleman-street . On Sunday, the 23d of March, I left my house a little after six o'clock in the evening, leaving nobody in the house - the house was fastened up; I returned a little after seven o'clock, in consequence of a young woman fetching me from chapel, and giving me information - I did not go into the house; I tried the key to the door to get in - it opened a little way, and then I found a resistance, and could not get in; the constable came - I left him at the door, and went up into the yard; I kept about the house and the yard till I heard two men were taken in the house; I saw the two prisoners in the custody of the constable in the house - they were quite strangers to me, and had no business there; there were certainly a great mob of people round at the time - I missed nothing from the house; I did not see them searched; when I went out there was a wine-strainer, two shirts, and three pairs of stockings in the house - I found them on the ground floor; I had left the stockings and shirts up two pair of stairs, and the wine-strainer up one pair of stairs; a person in the room on the ground floor where the prisoners were gave them to me.
Cross-examined by MR. PHILLIPS. Q. There was a great mob about the house? A. Yes.
Q. Were there not a good many people inside the house? A. Not while I was there - but I heard there were before I got there; I myself do not know Krelle - I know nothing of his father and uncle being Bank porters.
SUSANNAH GARRATT . I live at Brazier's Hall, No. 81, Coleman-street - it is right opposite Mr. Peckham's. On Sunday, the 23d of March, I saw Mr. Peckham and his family go out - I saw Mr. Peckham lock the door, and put the key into his pocket, and about a quarter of an hour afterwards a short man went and knocked at Peckham's door; he then went to the next door, and met with two other men- all three came back to Mr. Peckham's door together, and knocked again, and two men stood before the short man, while he (the short man) opened the door - all three then went in; the door was just shut to, and one man came out- that was a tall man - he stood at the street door; they took a light up into the drawing-room on the first floor: I then went and fetched Mr. Peckham from the chapel in Silver-street, Wood-street, as I knew where he was - I was not more than ten minutes gone; I found Mr. Peckham there, and came home with him - I told him what I had seen; a constable followed us to the house.
Q. Did you observe the features of the persons who entered the house, so as to identify them if they had not been found there? A. No; I know nothing more, for I went away - when I returned the third person was gone; there was no person near the house then.
JOSEPH BURGIN . I am a constable, and was at Silver-street chapel, on Sunday, the 23d of March. I saw Garratt there - I followed; Mr. Peckham home, there were several persons near the house; when I got there, I placed myself against the street door, and kept my station: there were a good many people in the street there - I suppose an alarm had been given - I kept the door; Mr. Peckham tried to get in with the key, but the door was fastened inside - soon after that the persons inside opened the door a little ajar, and shut it again; in about ten minutes after that, the persons within threw the street door open, and called out,"Here they are - here they are; come in - come in;" I went in and found the two prisoners there in the passage, and kept them in front of me - there was nobody else in the house at that time, but some officers, who had got in at the top of the house, and were coming down stairs - I knew them to be officers; I called for assistance, and one of the officers was with me in a moment - there was nobody in the house but the officer and the two prisoners; I secured them till an officer came to me - they never got away; Henman came to my assistance, and we put the prisoners into a little room, and then he turned (the people who had come into the passage) into the street, and shut them all out; my brother officer searched the prisoners, and found nothing at all about them; I saw Mr. Peckham with the wine strainer, shirts and stockings - they were found on the ground floor by somebody. The prisoners said the mob had driven them in, and they wanted to get out again, but they could not get past me, assistance came so quick.
Cross-examined. Q. Had not a great mob got into the house, and pushed past you? A. No; I will swear that not one went past me, either one way or the other.
Q. How many were trying to push into the house to see what was the matter? A. Not one at the time this happened - not one passed me while I was securing them;
they might get in after the prisoners were secured, but not before - nobody attempted to get in before - I know nothing of Krelle.
Prisoner COURT. Q. Did you not let five or six persons pass you as you stood with a stick at the door with the door ajar? A. There might be people passing in the street - nobody passed me into the house - not one I am certain.
MR. PHILLIPS. Q. From the time you stood at the door, could any of the persons inside have passed you to get out? No.
GEORGE SMITH . I am a warehouseman, and live in Philip-lane, Aldermanbury. On Sunday, the 23d of March, about seven o'clock, I was walking down Addle-street the witness went and spoke to the officer, who charged me in the King's name to aid and assist - I went with him to Mr. Peckham's house, and tried to enter, but we had no key, and the door was closed. Henman desired me to stay at the front door, till Burgin came, which I did, and in the mean time Henman went to see if he could enter at the back door; I remained at the front door till Burgin came, and took my station - Henman and I then went into the next house, which is a public-house, and we got from there to the top of Mr. Peckham's house, and got in through a trap-door in the roof; we had brought lighted candles from the public-house; we carefully examined every room as we went down - we looked under the beds, and every where; we found nobody up stairs - but there was evident proof that somebody had been there, the things being in disorder; we came down as quick as we could, and had just got on the ground floor stairs when we heard the cry of "here they are, here they are - come in;" I immediately heard Burgin call for assistance; Henman and I were instantly with Burgin, and the two prisoners were between Burgin and us.
Q. Could there have been anybody in the house beside you? A. Two persons had followed us from the top; I believe they were ostlers - but there was nobody else in the house; the prisoners were secured immediately- the other two persons came down stairs from the top behind us; I did not see the property till somebody gave it to Mr. Peckham - I did not see it found, as I was engaged with Henman.
Cross-examined. Q. Do you mean to say, that when you came down stairs some persons had not rushed into the house after the officer? A. They had not; there were no persons in the passage expect Burgin and the two prisoners; the door opens inside - it was about half open and half shut; Burgin was forcing it to with his back; I do not think any body outside was trying to get in - but am certain no persons were in the house till the prisoners were secured.
Prisoner COURT. Q. When we were secured, was there not a whole passage full of people? A. There was nobody till after they were secured - but immediately after there was a rush into the house.
Q. Were you not going to run a sword down my throat? A. No; I had the officer's sword; when the prisoners were secured they were very resolute and called for their friends; they said they would have their friends in - there was nobody but me, Henman and Burgin in the house.
COURT. Q. Where the prisoners out of your sight, till they were secured? A. Never. After they were committed from the Mansion-house, I was assisting Henman to take them to prison, and Court said "If I had known what I know now, I would have let the old b-gg-r's guts out;" I am sure the prisoners were secured before any persons came into the house.
MR. PHILLIPS. Q. At any time when you came down, could anybody have got by Burgin into the street? A. No, they could not.
WILLIAM HENMAN . I am a constable. I went to Peckham's door with Smith; I did not try to get in, as Peckham said he had tried and could not get in: I left Smith at the door while I went round to the back of the house and found that was fastened; Smith afterwards came to me - we went through the Blue Anchor public-house and entered at the roof; I think another man came in behind us, we were the foremost; we found nobody in the top rooms - we came through a trap-door, which was fastened, I broke it open - I searched every room as I came down stairs; I found a chest of drawers in the second floor front room had been broken open, and the things scattered about the room; I then proceeded down to the first floor staircase - there is a turning about the middle of the staircase; I heard a rush - I jumped and came on a level with the ground floor passage, and saw the two prisoners in front of Burgin; I said "these are the men;" there were no other persons whatever there - I knocked Krelle down and saw Court struggling with Burgin; we secured them and put them in a room - no other persons were in the house till after they were secured; there were some persons in the passage behind Burgin. but not between him and me; those persons were pressing forward, but I pushed them out and shut the door; I am quite certain they had not passed Burgin - no person whatever had passed him; here are two shirts, three pairs of stockings and a silver wine-strainer which Mr. Peckham delivered to me - since that the privy has been searched, and two bags found containing four skeleton keys, and one latch-key - one of the skeleton keys fits the street door and unlocks it - I tried it myself.
Cross-examined. Did you come down stairs immediately after Smith? A. No; I came before him; when I came down stairs, there was me and the two prisoners before Burgin.
Q. You say a great mob had rushed into the passage? A. They were behind Burgin; I should think the persons had got into the passage when Smith came down, but they had not passed Burgin.
Q. Is it true that nobody was in the passage, except the two prisoners, you and Burgin when Smith came down? A. I should think there were other persons, for the moment I turned my eye, I saw them; they were behind Burgin - there might be six or eight persons, but in the confusion I cannot say; Smith might not have seen them, as I stood before him; the partition might have prevented his seeing them; I was obliged to pass Burgin to put the persons out; the partition might prevent Smith from seeing me till he came forward, which he did after the prisoners were secured.
Q. If he has sworn nobody whatever had got into the passage, is it true? A. I should think he must have seen the people.
COURT. Q. That was after you had secured the prisoners? A. Yes; there might be persons behind the officer before they were secured - but nobody had passed him
- it was impossible for them to pass him, the passage is very narrow.
Prisoner COURT. Q. You say you pushed one prisoner away, and another the other; I was not secured for four or five minutes, and you picked us out of the mob? A. I pushed Krelle down, Court was struggling with Burgin, and I pushed him towards him. None of the mob could get to Burgin; the prisoners were not among any other people.
JOHN KELLY . I am a smith; I searched the privy of the house on the day after the robbery, and found a bag with four skeleton keys; the officer fitted them to the door, but not in my presence - here are four skeleton and one latch key; they were all in this bag, I hooked it up.
Prisoner COURT. He told the Lord Mayor he found only two, and they both opened the door. Witness. The Lord Mayor was gone when I was there; at the Mansion-house I said I found four skeleton and a latch-key - I never mentioned two.
KRELLE'S Defence. I was going out for a walk, and on coming down Coleman-street I saw a great mob round Peckham's door. I asked what was the matter; they said thieves were in the house - I staid there about ten minutes; the door was opened, a mob rushed in - I rushed in with them, and have witnesses to prove it.
COURT's Defence. I had been to Westminster, to my aunt's, to see a lady at her house; on my return I saw a mob; this man held the door with the knocker in his hand, and when the door was opened I and another were shoved a - e over head, and went in: at least a dozen of us were shoved in. I was apprenticed to a butcher in Warwick - I should have had witnesses here if I had thought my trial would have come on.
ANN COLLEY . I live at No. 1, Prince's-place, White Horse-yard, Coleman-street. On Sunday evening, the 23d of March, I remember seeing a crowd of persons round Mr. Peckham's door; there were not above twenty persons, or not so many. I have known the prisoner Krelle as long as I can recollect myself, ever since he was born; I saw him that night; he was not exactly at Mr. Peckham's door, but nearly at it; I asked him if he had seen my little boy; he said, "No, Mrs. Colley;" I asked him what the confusion was about - he said, "Mrs. Colley, they say there are thieves in the house;" I always understood that he bore an honest character.
COURT. Q. What time was this? A. As near as I can recollect about seven o'clock, or a very few minutes after. I am a widow, and work at the tailoring business, at No. 17, Three Tun-court, Redcross-street, for a person named Thomas Daley - he does not keep a shop, but works at home: he has two rooms there; I believe an Irish gentleman keeps the house - there is no name on the door, to my knowledge, but I am not quite positive; I have worked there for the last three weeks - the door is always open, and I go directly up stairs; I do not think there is any name up - I work in the garret; he rents the garret and the room under it: I went home directly after speaking to Krelle; I did not see him taken. I was quite astonished to hear on Monday that he was taken up; I went before the Lord Mayor, but I was not called. I mentioned to his mother that I knew he was not the boy - she was not at the Mansion-house - I did not mention it at the Mansion-house - I went there on account of his mother coming to me on the Monday morning - I believe it was between eleven and twelve o'clock; I went to the Mansion-house directly: I did not tell any body there that he could not have been the person - I mentioned it to his mother.
Q. I thought she was not at the Mansion-house? A. Oh, yes, she was there; she did not state that I could prove her son was not in the house - the Lord Mayor left, and another gentleman came in and sat in his seat; and went on with the examination.
Q. Well, did you mention it to him, or to any of the officers? A. No; I never spoke at all - I did not speak to Krelle there; his mother spoke to him, but they said nothing about my being able to prove that he was outside the house. I went as far as Peckham's door.
Q. Was the door open or shut at that time? A. On my word, from the scene of confusion there was, I could not tell, for I was anxious about my son, who is always running about; I saw Krelle near Mr. Peckham's door - he was on the side nearest to Cheapside; I went on towards Cheapside, to go home; Mr. Peckham's door is towards Moorfields.
Q. Had you any occasion to pass Peckham's door? A. I had been home a little way with a friend, and passed the door to come back; I heard a confusion as I passed - I had not heard that there were thieves in the house before I passed.
MR. PHILLIPS. Q. Did the Lord Mayor or the gentlemen who sat in his place, call any witnesses for the prisoner? A. Not at all.
COURT. Q. Was it said there were witnesses to prove anything on the prisoner's behalf? A. No.
MR. PHILLIPS to WILLIAM HENMAN . Q. Were you at the Mansion-house? A. Yes; the Lord Mayor did not call for witnesses for the defence - I have seen witnesses examined for the defence; Mr. Alderman Birch sat for him; I did not hear him ask for witnesses for the prisoner.
COURT. Q. Did you see that woman at the Mansion-house? A. I did not; I saw Krelle's mother - I knew her very well; she did not mention to me that she had any body to prove he was outside the house - she had some friends with her.
WILLIAM BRAND . I am a marshalman. I was at the Mansion-house during the prisoner's examination; I saw Krelle's mother there - she told me she found herself very much hurt that no witnesses were called for her son.
COURT. Q. Did she point any witnesses out? A. No; I did not see Colley there, not to know her; if she had been with the mother I think I must have seen her, but I might have seen her and not noticed her; nobody offered themselves as witnesses; only the mother said she had witnesses to prove he was outside the house at the time, and expressed herself much hurt that they were not called; I told her her son was committed - she was then struck with terror, and said, "What! and call no witnesses for the prisoner! I have a person who will prove he was in the mob;" I have seen Krelle about the streets - I never heard anything against him; I only know him by seeing him about as a neighbour; Krelle said at the Mansion-house that he was one of the crowd outside, and was pushed in by the mob - he did not say he had been speaking to a woman.
REBECCA SWAINE . I am sixteen years old. I have
known Krelle a good many years intimately; I saw a crowd on the Sunday night opposite Mr. Peckham's door - I was coming through Coleman-street, and in the crowd round the door I saw Krelle; he was eating something - his hands were in his pockets; I said, "Ah! Joseph, how do you do?" - he answered me, and asked how I did; I asked him what was the matter - he said there were thieves in the house; some officers came and stood at the door - I should not know them again.
Q. Well, what happened? A. The door went open.
COURT. Q. What, while the officers stood there? A. Yes; the officers were outside; I do not know whether the door was broken open, or opened from the inside, but I saw it go open - I was close by in the road near the curb.
MR. PHILLIPS. Q. How does it happen that you could not see whether it was broken open; you are not very tall? A. Because there was a great crowd before me - about one hundred or one hundred and fifty people stood before me.
COURT. Q. Before the door opened were there one hundred or one hundred and fifty people? A. There were from two hundred to two hundred and thirty before, and behind me; there were from two hundred to three hundred people.
MR. PHILLIPS. Q. When the door was opened, did you see a rush of any persons towards it to get in? A. Yes; and at that time I missed Krelle; I had been speaking to him up to the time I saw the rush; I saw the prisoners brought out sometime afterwards, but could not tell who they were; I did not hear who they were till after they were taken to the watch-house; I went to the watch-house- a woman there whom I knew by sight, said Krelle was taken into custody; I said "I do not believe he is, for I saw him standing outside the house, just before the rush."
COURT. Q. You went to the watch-house - Did you see the officers there? A. No; one person had a drawn sword in his hand; I did not go in - I did not mention to anybody there, except the woman, that Krelle was outside; it was not the woman who has been examined, it was a very young woman; I have not seen her here.
Q. Where the people who rushed in turned out? A. About four or five of them came out, and then the door closed.
Q. When you saw the people turned out and the door closed, did you see Krelle after that? A. No. I live at No. 3, White's-alley, Coleman-street, with my father and mother; my father is a porter. I did not go to the Mansion-house the next day - my mother was not waiting for me to go; I told her of this directly I got home - she knew Krelle - we were play-fellows together; she would not let me go; she said I should come here if I were subpoened. I work for Mr. Eaton, of Crooked-lane, a fishing tackle maker.
CHARLES WILLIAMS . I live at No. 13, Chapel-street, with my father, who is a tailor. On the evening of the 23d of March, about seven o'clock, I saw Krelle at the door of his mother's house. He went in and came out again with some bread and butter in his hand; I went down Coleman-street with him, and saw a crowd at Mr. Peckham's door.
ANN KRELLE . I am the prisoner's mother. On Sunday evening the 23d of March, he came in to tea about seven o'clock; I had not made the tea, and gave him a round of bread and butter, and some cold rice pudding, which we had for dinner - Elizabeth Clementson was in the room, and saw him, and so was my daughter. He staid in the room about ten minutes and then went out. Charles Williams came in in about half an hour and told me he was in custody - I went to the Mansion-house at his examination, and saw Mr. Brand. Witnesses were called for my son, but they were not heard. I told him I had witnesses in attendance; those witnesses were Colley and Williams. -When I was informed my son was in custody I went out as soon as I could find my bonnet. I saw a crowd of people, and made the best of my way to the watch-house: I saw one Lutwich there; he belongs to the watch-house, and is a tax-gatherer; I mentioned that my son had been at home half an hour before.
COURT. Q. You say witnesses were called for your son, what do you mean by that? A They were in readiness to he examined - both Colley and Williams went with me to the Mansion-house; I did not mention to the Lord Mayor, or to the gentleman who sat for him, that I had witnesses, because I thought they would be asked for - I did not know the nature of the business.
ELIZABETH CLEMENTSON . On the evening of the 23d of March I saw Krelle in his mother's room, about seven o'clock - she gave him some bread and butter, and cold rice pudding, with 2 1/2d. to buy a pint of beer - Elizabeth Krelle was in the room.
ELIZABETH KRELLE . I am the prisoner's sister. I saw him him at home on Sunday evening the 23d of March, about seven o'clock; he took out a round of bread and butter, and had some rice pudding.
MR. PECKHAM. The wine-strainer, stockings and shirts are mine.
JOSEPH BURGIN re-examined. Q. How long had you been in the house before Smith and Henman came down stairs? A. Henman was with me in one minute after I got in at the door; nobody could possibly have gone out without meeting him, except at the street door; I went in the instant the door was opened.
COURT - GUILTY - DEATH . Aged 22.
KRELLE - NOT GUILTY .
JOHN SHORT.
SECOND DAY. FRIDAY, APRIL 11.
Second Middlesex Jury - Before Mr. Sergeant Arabin.
809. JOHN SHORT was indicted for feloniously breaking and entering the dwelling-house of William Moores , on the 12th of March , at Pinner, and stealing therein 1 watch, value 3l.; 2 shirts, value 4s.; 8 shillings, 4 sovereigns, and two 5l. Bank notes , his property.
WILLIAM MOORES. I rent a little ground - my dwelling-house is in the parish of Pinner, in Middlesex . I have known the prisoner seven or eight years; he once lived servant with me, as a labourer , in my farm - he slept in my house, and knew the premises well. On the 12th of March I went out at nine or ten o'clock in the morning, leaving my wife at home; I returned about eleven o'clock, or half-past, and found a pane of glass had been pushed in, which was secure when I went out, and I found the door unbolted; the glass of the window was secure in the frame when I went out; anybody by pushing it in could put their arm in and unbolt the door; I missed a watch from
the head of the bed; it was worth 3l.; I missed two shirts, worth 4s.; four sovereigns, and some silver from between two beds, where I kept them, and two 5l. notes; I had seen them safe the morning before; they were all covered up together; I told a constable of it, and he found my watch and shirt.
FANNY GREENFIELD . My husband is a labourer, and lives at Pinner. On the 12th of March, about eleven o'clock, I saw the prisoner at Pinner, coming in a direction from Moores' house - he was coming across Mr. Hill's field, and walking quite fast; he was about a quarter of a mile from Moores'; my landlady was with me: we made some observation about the prisoner, which he must have heard; I turned round, and said, "Lord, there is Jack Short ;" I knew him very well, but had not seen him about Pinner for a long while; he turned his head when he heard me speak, and walked briskly away.
WILLIAM CROSS . I am a constable of Aylesbury. I saw a paragraph in the New Hue and Cry on the 21st of March, stating this robbery, and that John Short was suspected. I went to the pawnbroker's to make inquiry, and found nothing; I went from there to where the prisoner had lodged for a few days that week - I had seen him near the house on the morning of that day myself, and several times in the course of the week, and while I was in the house, speaking to the landlady, the pawnbroker's boy fetched me; I went to the pawnbroker's, and found the prisoner there, offering a watch in pawn: the shopman produced it in his presence, and said he had come to pawn it; the prisoner said nothing to that - I said to him, "That is Mr. Moores' watch;" he said, "No, it is not - it is my own;" I said, "Where did you get it?" he said he bought it in London; I asked in what street; he said he did not know: I asked what number, and he did not know; I took him to my own house, stripped him, and on his person found this shirt, with the initials W. M. on it; I secured him.
WILLIAM MOORES . This is my watch, and this is my shirt; they are what I lost that day.
Of stealing in the dwelling-house, but not of breaking and entering .
CATHERINE WELCH.
810. CATHERINE WELCH was indicted for the wilful murder of a certain male child, whose name is unknown .
MARY INGLEFIELD . I live at Turnham-green. I was going by Parson's-green with my husband about half-past eight o'clock on Sunday morning, the 2d of March; I observed something in a ditch - there was very deep water in the ditch; I thought at first there was a dog in the water, but as I was waiting for my husband, who stopped behind for a necessary purpose, I perceived that it was the body of a child; it was entirely covered with water; I went back and called my husband - he came and looked, and thought it was a child: we went up into the road, and saw a man - we got him to look, and he said it was a child.
Q. Then this was out of the road? A. Yes, a little way from the road, in a field; we had gone out of the road, towards Parson's-green - there is a foot-path there.
Q. Then when you say you went back to the road, you mean the carriage-road? A. We went forward to the carriage-road, and there met a man who is a glass-cutter - he is not here; he went and called a constable: I saw Levick, the constable take the child out of the water; we went with it to his house, and gave our names - it was taken from there to the White Horse public-house, but I did not go there - Levick himself took it out of the water with a rake- I saw him bring it out of his house to take it to the White Horse, but did not go with him. When I saw it on the Monday, before the Coroner I thought it about six weeks old. I have had ten children myself.
JOHN LEVICK . I am constable of Fulham parish; I took the child out of the water; it was naked; I took it to my own house, to take down the two witnesses' names I afterwards took the same child to the White Horse, public-house: Mr. Holmes, the surgeon, saw it there - I cannot say whether he saw it the same day, but I was present when he saw it on the Monday, and am certain he saw the child which I had taken out of the water; I knew it by the neck being washed; there was dirt about the head - the Jury met on the Monday.
JOSEPH HOLMES . I am a surgeon, and live at Fulham; I saw this child in the presence of Levick on Monday; I had seen the same child on Sunday; I suppose it was from a month to six weeks old. On the left temple there was a contused wound, not a cut but what is commonly called a bruise - the skin was taken off; I should judge it to be occasioned either by a blow before it was thrown into the water, or by its falling on some stone or hard substance in the water - the injury on the temple was not sufficient, in my judgment, to cause death; the eyes were a good deal suffused with blood, as if they had been very forcibly pressed; in fact the eye-balls were both destroyed in a great measure - I should say they were almost entirely destroyed; I cannot imagine how that could be done unless by the pressure of the hand or fingers - there were no other marks of violence about the child.
Q. Were there no marks of violence about the neck, as if it had been strangled by squeezing? A. None that I could observe; it might have been killed by strangling, but there was no appearance of it externally; squeezing the neck might have caused the appearance in the eye - it might cause the eye-balls to be disturbed, if not entirely destroyed; the child might have been strangled by pressure about the throat, without leaving any external marks. particularly if it had a blow on the head as well. I opened the body after the inquisition; the internal parts were perfectly healthy, except the vessels of the brain and lungs, being overloaded with blood.
Q. In your opinion, in what way was the life of that child taken? A. I should imagine it to have been strangled by pressure with the hand - it had evidently been strangled before it was thrown into the water, or there would have been a small quantity of water on the lungs, and there was none; I should conceive the child was nearly dead before it was thrown into the water; I am confident it must have been done by pressure about the throat; the contused wound was certainly given before the child died; I saw the child about two o'clock on Sunday for the first time; I had seen the prisoner at the workhouse at Fulham before I saw the child; the first thing I asked her was, if she had been suckling a child lately; she said she had not for two months; I asked her then to
let me look at her breasts; she showed me her breasts - I pressed on both her breasts and milk spirted out of both of them; I asked her then if she had not been suckling a child a shorter time than two months, and if she had had a nurse child; she said, No; that she kept her milk a month after her child died, by drawing her breasts, in hopes that she might get a situation as wet-nurse; I then asked her when her child died - she said two months ago, and that it was about a fortnight old; I asked her where it was buried - she said in Mary-le-bone - that it was born on Saffron-hill, but she did not know the name of the people she lodged with, nor did she know the number of the house: she said he child had been baptized at the Spanish chapel, Spanish-place. I asked her who took it to be buried - she said the woman with whom she lodged; she at first said she took it herself to be buried, and some time after, I said, "What, did you take it to be buried a fortnight after you was confined, yourself;" she said, "No, the woman I lodged with took it;" I asked who made the coffin, who was the undertaker - she said an Irishman who lodged in the same house had nailed some pieces of board together, and made a coffin; I asked if she could find the man who did it; she said No, she did not know his name, nor where he lived. I believe this was the principal of the conversation; I do not recollect anything more. She said she had come to that neighbourhood to seek for work; I should think from the appearance of the child that it had been a very short time in the water; it might have been twelve or twenty-four hours, not longer: putrescense had not at all taken place; it was a male child.
Prisoner. Q. Did I tell you I took the child to be buried? A. Yes.
Q. Did I not say it was born in Chick-lane, Saffron-hill? A. You said Saffron-hill.
CHARLES INGLEFIELD . I was with my wife and saw the child in the water; I have heard my wife's evidence and have nothing to add to it.
JOHN LEVICK re-examined. I have a bundle of clothes- I received part of them at the White Horse; part from the prisoner and part from the man who found the child's clothes - here are what I received from the prisoner at the White Horse; there is a gown among it which was on her back when I took her - it was changed afterwards; there is only one gown in the bundle - there are no child's clothes in the bundle I which received from her; I received a part of the bundle from the hands of one of the Jury - William Cook was present at the time; Catherine Bartley lives at what is called Parson's-green- it is about a quarter of a mile from where I found the child. After I had taken the child to the White Horse, I went home towards my own house, which is nearly opposite to where I found the child; I did not see the prisoner then - I saw her about a quarter or half-past nine o'clock - it was some little time after I had been home; I saw her walking by the side of the ditch from which the child had been taken, and nearly at the spot from where I had taken it, she appeared to be looking very minutely into the water; after she had been looking into the water, she came on towards the King's road - I then went up to her and asked if she had lost anything, that she was so minutely examining the ditch, she said No; I said I had found something, and I had every reason to believe it belonged to her; she asked what had I found - I said I had found a child, and asked what she had done with the child that she had been seen with last evening; she said "Me a child, I had no child;" and then went on to say that she had a good character - that she had worked at Mrs. Fitch's and at Mr. Parry's the summer before; and that she was going to work at Mrs. Fitch's on the morrow - this was on Sunday; I know there is a Mrs. Fitch at Parson's-green.
Q. This conversation passed in the road? A. We stood still all the while; she said if I wanted her, I should find her at Mrs. Fitch's to-morrow morning - Mrs. Fitch is a market gardener; she went on - I let her go a little way; the neighbours, being anxious about what had occurred, said I should not do my duty unless I took her into custody; she did not hear that - I then hastened towards her, she was then making her way towards what is called the London road up Parson's-green-lane; I overtook her, and put my hand on her shoulder, she looked round and said what did I want with her; I told her I only wanted her to go back to where she told me she had lodged the night before - she said she would go back, for she had no child; her child was buried - I asked her where it was buried; if she could prove where it was buried - she said it was buried at Mary-le-bone; I asked if it was registered, she said it was, in the name of Johnny Welch, that it had been buried about two months she thought, but she could not say exactly; I asked her where she was delivered - she said at a house on Saffron-hill, but she did not know the number; I asked the name of the people of the house - she said they were gone away, and she did not know the name; I asked her the name of the person who buried the child - she at first said she took it herself to be buried, but she afterwards prevaricated so much I did not ask her further - this was on our way to the workhouse; before we went to the workhouse - I took her to Catherine Bartley's where she said she had lodged the night before.
Prisoner. I told him my child had been buried two months, and had lived a fortnight - that I was brought to bed in Chick-lane.
JAMES WRIGHT . I live in the King's-road. I know where the child was found; I did not see it found - a man named King told me the place where it was found; I live nearly opposite the place. I know Levick, the constable.
JOHN LEVICK . This boy lives about fifty yards from my house, nearly opposite to where the child was found.
JAMES WRIGHT re-examined. I saw a woman near that place on Saturday evening, about six o'clock - it was the day before I heard of the child being found; I met the woman when I was in the field, and spoke to her - I said it was rather muddy walking there: she said, "Yes, my dear, it is;" she was close to the ditch, and had passed the place where I was told the child was found: she had on the gown which has been produced; I know it again - she had a large cloak on, which covered all the gown except a bit at the bottom; she had her cloak wrapped entirely round her, and seemed as if she had a child or something under it - I did not see any child, nor hear the voice of one. I left her - she went on first, over the plank - I drove my ducks on after her: she was going away from the ditch, and went up towards Sandyend; it was nearly dark then - it was dusk. I am sure the prisoner is the same woman; I saw her again when the Inquest was sitting - she is the woman I saw by
Kneel-brook, which is the name of the place - it is near the ditch. I am quite sure she is the woman.
Prisoner. I never went through the place at all till the Sunday, and spoke to nobody.
CALEB STACEY . I live opposite to where the child was taken out of the ditch; I sat in my own house in King's-road, and saw it taken out on Sunday morning. I am a bricklayer. On the afternoon of the day before that, the prisoner passed me three times - I am certain she is the woman; I was coming home from work - I first passed her on the road - I then stopped, and she passed me; when I got home I stopped opposite my gate, and she passed me, returning towards London; she was going from London the first and second time - she had a large cloak on, and had something under it, which appeared to me to be a child.
Q. How did it appear to be a child? A. She nursed it like a child - she carried it in her arms, as a person carries a child, and the second time I think she was suckling it; she appeared to be holding it up to her left breast; after I had seen her the second time I went to my own house, and saw her coming back - I was standing outside, in the King's road, near my own door; she was returning towards London, and looking very auxiously along the ditch, as if she had lost something.
Q. When you saw her the third time, had she the same bundle, or whatever it was, under her cloak? A. Yes - I took no more notice, but went into my own house, and did not see her again till the Inquest was held on Monday: the last time I saw her was, I think, a quarter past six o'clock, as near as can be. I had finished my day's work before I saw her the first time; when I saw her at the Inquest she had the same cloak and bonnet on, but not the same gown; I noticed the gown below her cloak on the Saturday evening - it was the same colour as the one produced; I believe that to be the same.
Prisoner. I never came that road; I never came past his house that day, nor that night.
WILLIAM COOK . I am a gardener, and live at Walham-green; I work for Mrs. Fitch - her garden is not a quarter of a mile from the ditch the child was found in: it joins the King's road, and is further from London than that place. I heard of the child being found on the Sunday; I went to work a little after six o'clock the next morning, at the same place where I had left off work on the Saturday - I had been nailing trees to the wall, inside the garden, and about two yards from the spot where I left off work on the Saturday evening, I found two little petticoats and a child's frock - they were rolled up, and pinned up; I gave them to the beadle of the parish- those are the things which have been produced; they were not there on the Saturday night: I found them exactly in the place where I left off nailing the trees.
CATHERINE BARTLEY . I live at Parson's-green. The prisoner came to my house about seven o'clock on the Saturday night - she said she had come looking for work- I had seen her before, and given her work last summer: she asked if I had any girls lodging with me - I said I had three or four: I mentioned their names, and asked if she knew them - she said she knew one, for she worked with her last summer; she slept at my house that night - she had the gown on which has been produced, and had some other things wrapped up in a blue gown - it was a small bundle; she wore the same gown in the morning as when she came - she went out about eight o'clock on Sunday morning, as I suppose, by the light, but I have no clock; she was absent about half an hour - the constable came back with her; she fetched her little bundle from the press-bedstead.
Prisoner's Defence. I had nothing but a gown and two caps when I went there. I laid in on Saffron-hill, in Chick-lane; my child was a week old when I got him christened, at Spanish-place - he was a fortnight old when he died; I got him buried at Mary-le-bone church; I was ill for a week after that, and was never out of doors. I told the gentleman I had nobody to look after the woman who took the child to be buried; she moved, and nobody knew where she was gone. My child was buried in High-street, Mary-le-bone, in the old burying-ground- the woman, whose house I laid in at, took it with her son, to be buried; her husband worked out in the country, and she said he only came to his lodgings on Saturday nights. I worked at Mrs. Fitch's last year, till about six weeks before Christmas; I knew a young woman who worked in the garden with me - I inquired of a woman in the road where I could get a lodging - she told me I could at this woman's: I never went into that road on the Saturday. I am as innocent as a baby unborn, and leave it to the gentleman of the Court to look into my case, for I have not a person in the world to do anything for me. I told the gentleman every thing the moment he took me.
JURY to WILLIAM COOK . Q. Do you know anything of the prisoner? A. I never saw her to my knowledge. I left work on Saturday at dusk, between five and six o'clock.
RUSSELL BROWN.
First Middlesex Jury. - Before Mr. Justice Park.
811. RUSSELL BROWN was indicted for feloniously assaulting James Galletly , on the 22d of March , at Chiswick, putting him in fear, and taking from his person, and against his will, 16 shillings , his monies.
JAMES GALLETLY. I live at Chiswick. I was at the Barley Mow public-house on Saturday night, the 22d of March; I called there to have a pint of beer, about ten o'clock: I had a pint of beer, and came off towards Chiswick ; I live in William-street, Chiswick New-buildings. I was near the Duke of Devonshire's grounds; before I went down to go there, I met the watchman, and asked what o'clock it was: he said he was going to cry half-past ten o'clock: I parted with him, went on, and put my stick against the pales while I stopped for a necessary purpose; I unbuttoned my small clothes, and while in that situation some person or persons, unknown to me, came up - I cannot say whether there was more than one, but some person or persons, unknown to me, left me for dead, and robbed me.
Q. Well, did they come at the back of you, or by your side? A. I know nothing more.
Q. Did you feel any blow? A. I recollect nothing but coming to myself afterwards; I felt nothing that I recollect- I remember nothing whatever that happened; I was senseless of every thing - I had 9s. in one pocket, and 7s. in the other, when I paid for my beer and some seeds:
when I came to myself my pockets were turned inside out, except the left hand one, where I had the 7s. and seeds - the 7s. were gone, but the seeds left; all my money was gone, and the change, which I had out of my beer, was taken from my waistcoat pocket; when I came to myself, I scrambled up as well as I could, and went back to the Barley Mow, which is not above two hundred yards; they saw the situation I was in, and took me over to Mr. Cox, the surgeon - two young men, who were at the house, went home with me.
Cross-examined. Q. At what hour did you first leave the public-house? A. I met the watchman as he was going to cry half-past ten o'clock - I did not look at my watch before I left the house, but when I rolled round, and was going to put up my breeches, my watch dropped into my hand.
Q. Then you had a watch about you - was it in view? A. No; it was inside my inner trousers. I had a pint of beer - two or three persons drank out of the pint with me; I did not see the prisoner at the public-house, not to my knowledge - I have known his father and mother these forty years; I have not known him since he was a boy.
WILLIAM MINCHIN . I keep the Barley Mow, which is in the neighbourhood of Turnham-green. I know the prosecutor - he lives about a quarter of a mile from me. On the 22d of March, about ten o'clock in the evening, I remember seeing him at my house, and I saw Brown, the prisoner, there; I had known him some time - I did not see the prosecutor go away, nor did I see Brown go out; I do not know which went out first, nor did I know they were gone till I saw the prosecutor come back - the prisoner was not then in the house; the prosecutor came back near a quarter before eleven o'clock, and had a very bad cut in his head - I cannot say whether there was more than one cut - I could not see for his hair; he said he had been robbed, and went to a surgeon.
Cross-examined. Q. Did you see the prosecutor drinking there? A. He had one pint of beer; I saw him drinking at the table where Brown was in company; I did not observe him sit down at the table where Brown was, but he was asked to drink by some of the party - who it was I do not know; I had drank something myself that night, certainly: I saw Daniel Hearn there that night - he went for the surgeon; I saw him drink with the prosecutor that night - I did not observe anybody else drink with him; they might drink with him - there was plenty of light in the room.
COURT. Q. Who helped him to the surgeon's? A. Daniel Hearn went with him.
JOSEPH LOCK . I am a watchman of Turnham-green. I know the prosecutor very well, and remember seeing him on Saturday, the 22d of March, at the back of the King's-road, near the Duke of Devonshire's new road; I was calling half-past ten o'clock; he said, "Half-past - how much?" I told him half-past ten; he passed me - I was going along by the Barley Mow, and he was going towards Chiswick; I saw the prisoner standing by the Barley Mow door - I knew him very well before, and am sure he is the man - he was smoking his pipe at the door; I left him there, and went by him; I did not see him again till nearly half-past one o'clock the same night, when Reynolds, the officer, brought him to me underneath the gas-light; they showed me his smock-frock which he had got on - there was blood on it - it appeared to me to be wet; I said, "Brown, I think you have done something for yourself," and told him his hands were all over blood, as I saw they were so; he said nothing to that: I went with him to the watch-house; the officer took the smock-frock off his back - it is here.
Cross-examined. Q. When you saw him standing at the door, did he see you? A. Yes; he knew me to be a watchman; I mentioned before the Magistrate about his hands being bloody; when I saw him smoking he had nothing in his hands but his pipe - he called me Joey; I bade him good night, and went round my beat; the prosecutor had been gone three or four minutes when I saw the prisoner at the door - I did not take the prisoner's hand in mine.
Q. By the gas-light it appeared as if it had blood on it? A. Yes it was blood.
Q. Suppose there had been blood previously dried, and any beer or water had fallen on his hands, would it not then have the appearance of fresh blood? A. I do not know, but I know it was blood.
THOMAS BROWN . I was at the public-house on the night in question, and remember seeing the prosecutor there - I knew him before; and I saw the prisoner there; I saw the prosecutor move from his seat, and go out of the tap-room door; the prisoner remained in the house for a few minutes after that, and then I saw him go out; I remained in the house, and the prosecutor came back about a quarter of an hour or twenty minutes after the prisoner went out - he came back with a large cut in his head, and said somebody had knocked him down and robbed him, but he did not know who.
Cross-examined. Q. When the prisoner went out, had he anything in his hand? A. No; Galletly had a large stick; I saw nothing in the prisoner's hand - they did not drink together that night; I did not hear them ask each other to drink.
Q. Have you never said that they asked each other to drink, and that they did so? A. No, I did not; I was before the Magistrate - I had been drinking myself; I had perhaps two or three pints of half and half, half beer and half ale - I was not at all intoxicated, nor was my memory affected at all, nor my spirits exhilerated in the least; I had been there perhaps two or three hours.
Q. How do you know it was just two or three minutes after the prosecutor that the prisoner went out? A. Because I took particular notice; old Galletly said good night, the prisoner did not say good night.
JAMES LEAK . I was at the public-house and saw the prosecutor come in and call for a pint of beer; I saw the prisoner there - Galletly went out first; the prisoner went out, it might be three minutes after him - Galletly came back in about a quarter of an hour, or it might be more; he was in a very dreadful state when he came back.
Cross-examined. Will you swear the prisoner went out about three minutes after him? A. Yes, I have said it might be a minute more or less than three minutes; I never said they went out together - I swear I never did; I drank very little that night, it might be a pint of beer, or a pint and half, that would not affect my head at all; I was before the Magistrate on the Monday, and on the Monday week, but never said they went out together - I have been in this Court before and at the bar.
Q. Have you been charged with an offence of this kind? A. No.
Q. Never? A. Yes; I never said the prisoner and prosecutor went out together; my head was not at all affected; it is not very often, but what I drink a little - I cannot always get it; I saw the prisoner go out three minutes after the prosecutor - I might be in the house an hour, or an hour and a half, or more; I cannot recollect - I am positive I did not say they went out together.
HENRY GALLETLY . I am the prosecutor's son. I went with my father to the watch-house at Turnhamgreen, my brother and Reynolds the patrol went with us - it was on Sunday the 23d, the day after the robbery; I saw the prisoner there, and have known him from a child - when I was coming away I saw Reynolds move him from one cage against the wall, and put him into another and lock him up; we turned away, and my father was talking to the Mistress of the workhouse, the prisoner then called me back and said to me, "Cannot my father and mother make this up with your father?" I turned away and said nothing to him.
Cross-examined. Q. This was on Sunday morning? A. Yes; he had had a charge brought against him, and was then in prison.
THOMAS BROWN re-examined. The prosecutor had a large stick in his hand when he went out; he had none when be came back.
JOHN REYNOLDS . I am constable and patrol of Chiswick; I heard of this robbery and went to the prisoner's father's house, in consequence of what I heard between twelve and one o'clock on the Saturday night; I found the house shut up - I tried the door first; it was fastened - I knocked, and the prisoner's father came to the window; there was no light in his room - I told him I wished to speak to him; he put his head out of the window; I asked him to come down - he refused; I told him I wanted Russel Brown (the prisoner); I saw the prisoner at the window, and asked him to come down stairs for I wanted to speak to him - he said he was both drunk and cold, and could not come down that night; he came down at last and unlocked the door - I heard his father say to him "You bl - y fool now they will take you to the cage and lock you up;" he had not at that time unlocked the door; when his father said that, he said; so help him God he could not unlock the door.
Q. You knew his voice? A. I heard him come down stairs, and I knew him before; I told him he might do as he pleased; if he did not open the door, I must use other means to get in other ways; he at last opened the door, and I took him: he was undressed - he dressed before I brought him away; he put on a pair of breeches, this smock-frock, and a flannel jacket on the top of the smock-frock; when he put the frock on I observed some blood on it; I did not observe his hands till I got him to the watch-house - they were then all over blood; I asked him how that blood came on his smock-frook - he said he could give a very good account how the blood came there - that it was with stabbing a horse in the North-road on the Friday week before the robbery; the blood on the frock was quite wet - it had the appearance of recent blood. On Monday, the 24th of March, I took him from the watch-house to Clerkenwell New prison; I said nothing to induce him to say anything; as we went along he said, had he known that his father and mother could not have settled it with the old man on Sunday morning, that he would have hung himself in the cage; he showed mean old silk handkerchief, and said that was what he had tied round his knee for a gaster, and he could have done it with that, though I had taken two handkerchiefs from him in the cage.
Q. Were you at the cage with the prosecutor and his son on the Sunday? A. Not in the cage, but in the work house yard. I saw the prisoner and young Galletly talking together, but did not hear what passed.
Cross-examined. Q. From whom did you receive the information which led you to the prisoner's house? A. From those who were in the public-house: I had not seen Lock, the watchman, before I went to the public-house - I did not tell the prisoner why I took two handkerchiefs from him in the watch-house - what he said about regretting that he had not hung himself, was quite of his own accord.
Q. He produced a third handkerchief, to show you that though you had taken the precaution, he could have hung himself? A. Yes; he was to go to the New prison till the Monday, on this charge; he did not tell the Magistrate he had committed the robbery.
Q. When you went to the house he was about to unlock the door, but his father prevented him? A. Yes; I do not know that he knew I was a constable - I was outside, and did not tell him my business till I got in, but I asked him if his name was Brown, when he put his head out of window, and he said it was; I asked the father to come down, for I wanted to speak to him very particularly - he would not come down, but the son did: and was about to unlock the door, when his father called him a fool; he at first refused to open the door, but afterwards he did open it.
Q. Did he dress himself in your presence? A. I was at the front door; Reeves stood with me - he was in the dark when he dressed himself, in the back room - I took the candle when he had the smock-frock on.
Q. When you spoke to him about the blood being wet, did he not say it was beer that had been spilt on it? A. He said the blood being wet was through beer being spilt upon it at the public-house, and said how the blood had come there; he made no attempt to escape - he could not have escaped, I am certain; the man who was with us stood between the door posts of the back room - there was a window to the room.
Q. How long was he in that room by himself? A. Reeves stood between the door and the door-post, and I was close by; the back room leads out of the front - this room was on the ground floor; I suppose he had an opportunity of getting out of the back window if he liked - his father had looked out of the front room window up stairs.
COURT. Q. Where does the back window open to? A. I do not know, for I was never in the house before.
JAMES REEVES . I assisted in apprehending the prisoner; his hands were all over blood, and his smockfrock also; the blood on the frock was quite moist.
JURY. Q. Was all the frock wet, or only the bloody parts? A. All the bloody places on the frock were wet - there was no wet but what appeared to be blood.
HENRY HITCHCOCK . I am assistant to Mr. Cox, a
surgeon. I remember the prosecutor being brought to Mr. Cox's surgery about half-past eleven o'clock on the night in question; I found two lacerated wounds on the parietalia bone of the skull; they penetrated to the bone, but did not injure the bone, and there was a bruise on his temple: the wounds appeared to have been made by some heavy instrument.
JOHN REYNOLDS re-examined. I found this stick next morning on the ground where the robbery was committed - it stood up the fence, and all on the ground was blood. (Producing a thick stick.)
MR. HITCHCOCK. The wounds were such as might be occasioned by a stick of that description.
Cross-examined. Q. Could the two wounds have been produced by one blow of that stick? A. No - there are two wounds; there must have been more than one blow.
JAMES GALLETLY. That is my stick.
Prisoner's Defence. I went to the public-house to have a pint of beer, and sat there two hours or two hours and a half; and about half-past ten o'clock I was going home - I had about three parts of a pipe of tobacco left; I took it out, and at the door I saw the watchman coming by - I went round the pond, and threw my pipe into the pond; as I came along I saw the watchman by Mr Bagwel's shop; I then saw my two brothers and my father - we went into the public-house, and had some beer, and then went home to bed. I am quite innocent of the crime.
WILLIAM MINCHIN re-examined. I did not observe the prisoner's frock before he left the public-house.
THOMAS BROWN . I noticed the frock he had on when he was at the public-house; I observed nothing on it - I cannot say it was the same frock as that produced.[Here the frock was handed to the Jury.]
Two witnesses gave the prisoner a good character.
JOHN ROBERTS.
812. JOHN ROBERTS was indicted for stealing, on the 17th of February , at St. George, Bloomsbury, 12 silver forks, value 16l.; 42 silver spoons, value 48l.; 4 silver candlesticks, value 24l.; 1 silver waiter, value 8l.; 1 silver milk-jug, value 2l.; 5 silver ladles, value 8l.; A silver bottle ladles, value 2l.; 1 silver skewer, value 2l.; 1 silver mug, value 2l.; 6 knives, value 10s.; 6 forks, value 10s.; 1 clock, value 7l.; 5 coats, value 15l., and 1 plated dish and cover, value 7l., the goods of William Perry , in his dwelling-house .
MR. PHILLIPS conducted the prosecution.
WILLIAM PERRY , ESQ. I live at No. 34, Woburn-place, Russell-square . On the 17th of February the prisoner was in my employ as footman ; he entered my service on the 15th of December, and was to leave on the 20th of February, three days after this robbery was committed; we had given him notice to leave, not finding him a good servant - on Sunday evening, the 17th of February, about nine o'clock, I was in my drawing-room and heard the area bell ring louder than usual; it rather attracted my attention, but I took no notice of it to my family - I almost immediately afterwards heard the lock of the hall street door pulled back; the lock of the door generally sounds loud - I can generally hear it open if we are sitting quietly, and I will not say it was louder than usual; I saw the prisoner immediately - certainly within two or from that to three minutes; I think rather less - I saw him as soon as he could conveniently come from the hall-door to the drawing-room.
Q. That is supposing him to have received a message from a person at the door? A. Exactly so; he opened the drawing-room door - I was sitting near the fire; he crossed the room at the usual place which a servant would to give his master a letter - he presented me with this letter, (producing it;) he said nothing on giving it to me I believe - I immediately opened it, being surprised at a letter coming to me on a Sunday night at that hour; I did not read the letter half through; I got to about the middle of it, and said to my nephew who is in partnership with me in business - "What does this mean? why this is a hoax or an imposition;" it was a complaint of our negligence in not executing an order, which had never been given; while my nephew was just looking at the letter - I said to the prisoner, "Why sure you have not left the man who brought this in the hall?" and upon his appearing to admit that it was so, (I will not say that he said yes, but by his manner I considered that he had; he might have said yes, but I considered that he had; he might have said yes, but I cannot recollect;) we all started up together, I, my nephew and Mrs. Perry; we all ran down, and the prisoner was with us.
Q. From the bell ringing until you went down into the hall what length of time do you think elapsed? A. From the ringing of the bell I consider it was two or three minutes, but from the time he came into the room until the time we were at the bottom of the stairs was but one minute; I have tried it.
Q. Then would four or five minutes be an extension of the whole time? A. Oh yes; when I got into the hall I observed the street door not wide open, but about 15 or 18 inches open, just sufficient for a person to pass through, and no one standing there; the prisoner immediately looked towards the door of the dining-room, which had no light in it, but it was faintly lighted by the hall lamp, which is exactly opposite that door; it has not a patent but a flat burner - the prisoner, shewing a great deal of alarm in his manner, said, "Oh! the sideboard drawer is open;" I instantly went in and observed the four plated bottle-stands which had been used at dinner, with some figs and oranges, which also had been used at dinner, and put away; remained in the sideboard drawer; the sideboard drawer is immediately on a line with the door - we had dined in that room and left it about an hour; at the back part of the drawer was a sugar-bason to hold white sugar; it had a silver spoon in it, which had been used at dinner - we did not miss it that night, but next day we found the spoon had been removed.
Q. What happened at this time? A. I turned round and missed the small dial clock which stood on the chimney piece; after carefully examining the parlour, we all immediately went into the back parlour, which is immediately behind the front.
COURT. Q. Could a stranger who had come into your hall for the first time, have been conducted to the chimney-piece, where the clock was, by the light from the hall? - A. I think he might; we went into the back parlour - the hall lamp does not throw a light into that room - it was in
perfect darkness, except a small glimmer on going in; we had brought no light down with us - we only had the light the hall lamp afforded; I told the prisoner to get a light instantly, which he did, and on his bringing it, I found the scrutoire, below the book-case, had a drawer open, and a box-coat and another coat gone from it - that drawer was always shut when I went into the room - it was his business to put my coat there; the door of that room opens against the book-case; another great coat was gone, which had hung behind that door; in the drawer were some papers, and a red morocco travelling case, which had not been moved. I said to the prisoner, "Why, good Heavens! I should not wonder if the plate is gone," and said angrily, "I believe you are concerned in this robbery;" he made no reply to that remark, but we all ran down to his pantry, where he kept his plate - it is a room behind the kitchen, and is called the butler's pantry.
COURT. Q. Then he made no answer to your remark, that you should not wonder if the plate was gone, or to his being concerned? A. I do not recollect that he did; when we got down stairs, close to the pantry door, before we got into the pantry, he exclaimed, "Why, my coat is gone;" my nephew was with me; when we got into the pantry, I immediately looked for the plate, and the whole of the silver plate appeared to have been gone; I cast my eye on the dresser in the first instance, to look for it; my plate consisted of seventy-eight pieces, and was of considerable value: on the first view of the pantry, I considered that it was all cleared away - it was worth about 120l.; the spoons and forks, and small articles, were usually kept in a box, which we had brought up stairs at night - the box was about twelve inches long, and eight wide; on the dresser laid the baize lining, which was intended for the smaller articles - that had been taken out of the box, and laid on the dresser; the box was not there, and has not been found; below the dresser is a closet with folding doors, on the shelf of which is usually deposited four silver candlesticks for the table - not chamber ones; two large plated candlesticks remained, but the four silver ones were gone - I believe the plated ones were usually kept with the silver ones - they had not been used that day; we burn a lamp at dinner; all the candlesticks were used together when we had company; two plated ones, belonging to the other two, were up in the drawing-room: I had a large plated dish and cover, that was gone.
Q. Did any other plated articles remain below? A. Yes; a plated toast-rack hung up, and a plated winestrainer was on the shelf, immediately adjoining it - they were left; in the cupboard adjoining, where the candlesticks stood, was a plated cruet-frame, a plated pickle, and a plated soy-frame - they all remained; the cruet-frame was brought to the dinner table every day, and the soyframe when we had fish; the two small silver tops of the castors had been taken off, and laid close in front of the door-way, and the mustard-spoon was taken out of the mustard-pot, and laid on the dresser; we had drank tea that evening, and the silver spoons and milk-ewer, which had been used that night, were gone. I had dined with Mrs. Perry and my nephew, in the dining-room, and we went into the drawing-room to tea, about eight o'clock; the dinner things were cleared away from the dining-room before we left it, but the dessert things were left when we went up to the drawing-room; some of the things I have named remained in the dining-room when we went up stairs; we used a plated tea-pot at tea - that was not taken; the prisoner had taken down the tea things from the drawing-room - he was the only male servant in the house; we had no house-maid at that time, only a cook, and the nurserymaid, who was up one pair of stairs with the children; upon discovering our loss Mrs. Perry rang the nursery-bell; the cook came down - whether the nursery-maid came down I cannot say; I went up stairs, leaving my nephew in the kitchen with the prisoner; the watchman was passing - I called him in, and gave the prisoner into custody.
Q. How long, according to your judgment, would it take a person, even well acquainted with the premises, to take these things from the different places? A. A person well acquainted with the premises, and knowing the different articles, I should think would be very quick to do it in a quarter of an hour; I mean if he knew which was plated, and which was silver - if he had to examine them, to see which were plated, and which silver, it would take a much longer time, I should think, but it is a mere matter of opinion. I looked next day into the sideboard drawer, in the dining-room, and found the cut glass sugar-bason, but the silver sugar-ladle was gone, also a child's silver knife and fork, which was usually kept in the sideboard drawer, in a little green case; the linen, I should have said, was taken out of the drawer in the butler's pantry, and scattered on the ground.
COURT. Q. You ordered the prisoner to fetch a light, and he brought one - was that in a servant's candlestick? A. Yes; we went down stairs with that candle, and I have no recollection of finding any other light below.
Cross-examined by MR. CLARKSON. Q. You have spoken of different places where the silver was kept - did you, of your own knowledge, know where they were kept at that time? A. No. they were in the charge of the prisoner; I know the candlesticks were usually kept in the same place with the silver ones - I have seen them there, I suppose, within two or three months; when I asked if he had left the person who brought the letter in the hall; I am not sure whether he said Yes or anything, for my going down was so instantaneous.
Q. Did he not say that he had left him there, and he had told you so at the time he gave you the letter? A. No, I do not recollect it; I have no recollection of his making any reply, I will not swear he did not say what you have stated, but I have no recollection of it, for when I said what I did, I rose up instantly; it was an action of a quarter of a minute.
Q. Did he not say, "I told you, Sir, when I gave you the letter, that the person was waiting?" A. No; I do not recollect one way or the other - I believe nothing passed, but I will not swear it; I did not ask if he had left the person, but said, "Surely you have not left the man in the hall;" I thought the ring at the bell was louder than usual - I noticed that.
Q. Did you not hand the letter to your nephew, and ask him if you had such a customer? A. I said, "Look at this - this is a hoax." I swear I did not ask him if we had such a customer, because I knew there was no such person - I swear that, to the best of my belief. None of my property has been found - the dish-covers were
plated, not silver; I knew what articles I had as well as a gentleman might know; the prisoner had a list of the plate - I knew what was plated, and which were silver, having purchased them; I could recollect what articles were plated, because there were but few: I should be more confused to recollect the silver articles: he had a list of the silver. I do not know the state of the area gate on the night in question, but my nephew does; I tried the kitchen door that night, after the robbery, and found it shut - that was about nine o'clock: I think it was while the watchman was waiting for him, as I had desired him to take his livery off, and put on his own clothes; the watchman came in at the hall door - the ring at the bell was about nine o'clock, and the prisoner was in custody about ten minutes after nine o'clock; the whole transaction did not occupy more than ten minutes - a considerable portion of the property had been used at dinner, and I had seen two-thirds of it in the course of that afternoon. I could give you the items that were on the table.
Q. Do you know whether the prisoner was in the house from eight to nine o'clock? A. Yes, for he brought the tea up about eight o'clock, and about twenty minutes to nine took it down; as far as I can say, he was in the house from dinner time, till the note was brought to me - his own great coat, which hung in the servant's hall, was gone.
MR. PHILLIPS. Q. You have been asked if the prisoner was in the house from eight to nine o'clock on Sunday evening - had he been absent on the day preceding? A. Yes, he went out at twelve o'clock, and returned at four; he had out leave to go out. None of the silver plate was left except what was locked in the iron-chest up stairs; I do not recollect any being left except the two castor tops.
COURT. Q. The plate which was in daily use you saw frequently? A. Every day; and when we had company I saw what was on the table or sideboard; I knew what number of spoons and articles I had, and should have had no difficulty in pointing out what was plated and what was silver. I bought my plate four years ago.
Q. If it was true. that when the prisoner presented you with the letter, he had left the man who brought it in the hall - could that man by possibility, before you got down stairs, have visited the places you have spoken of? A. No. it was impossible - there was not time for him even to have gone through the various places, without selecting the articles; if there had been three men they could not have made the selection in less than five or six minutes.
MR. GEORGE JAMES PERRY. I am the prosecutor's nephew. On Sunday, the 17th of February I dined with him in Woburn-place, and recollect about nine o'clock in the evening the prisoner bringing a letter into the drawing-room. On my uncle opening and reading a little of the letter, he threw it down on the table towards me, saying it must be a trick, an imposition, or something of that kind; without my waiting to read the letter through, we all jumped up and ran down stairs - the letter was about ten lines, this is it (looking at it.) On going down stairs I observed the street door apparently open; I immediately looked into the back parlour; I went in at the door, which opens into the hall, and on going in missed my great coat off the back of a chair - we very shortly proceeded down the kitchen stairs to a small room behind the kitchen, which I understand to be the butler's pantry, and there I observed the prisoner's linen scattered about the floor; it was fit for use, clean from the laundress. My uncle very soon said he should send for the watchman, for he was sure the prisoner must be implicated - the prisoner was then close by me and within hearing; I was as near my uncle as him; I am hard of hearing and I heard it; the prisoner made no answer to that remark; the watchman came in at last; I saw the prisoner take his livery coat off, and while he was doing so, he told me that when he let the man in he took the letter, and put it on the end of the bannister rail, while he went down stairs and put on his livery coat, and that when he returned up to take the letter to the drawing-room, the man was still standing on the mat.
Q. What interval of time in your opinion elapsed from the time the prisoner entered the drawing-room with the letter till your uncle went down stairs? A. It must have been in less than a minute I think; I do not recollect hearing the bell ring - I have been some time acquainted with my uncle's house - a person acquainted with the premises and with the property, I think it would have taken ten minutes to get it, but if not acquainted with the property and premises, if he had a light, which he must have had, I should think it would have taken upwards of twenty minutes - he could not do it without a light.
Cross-examined. Q. After your uncle had read the letter, do you remember his observing to the prisoner,"Why, you have not left the man standing in the hall, have you?" A. Yes. I have not the least recollection of the prisoner saying "Yes, Sir, I told you so when I gave you the letter" or of his saying any thing, the time passed so quickly - I do not think any words were uttered - my uncle is a glass-manufacturer: when I went along with the prisoner and watchman to the watch-house, I tried the area gate with my hand, and it was fastened - it cannot be fastened without being locked with a key - there is no catch lock to it, it is necessary to lock it to fasten it, as it appeared to me - I observed no catch lock to it - I will not swear there was none - I merely tried the bars of the gate with my hand - I cannot say whether the back area door was open or shut; I believe it was the first time I was down in that part of the house - not in the kitchen; the door leading from the kitchen to the street appeared closed when I was at it; I cannot say whether any body had previously closed it.
MR. PHILLIPS. Q. Do you recollect the prisoner taking down the tea things? A. I do; he had his livery coat on then.
COURT. Q. Supposing a man to have been in the hall when the prisoner left the hall to come up with the letter, in your judgment, was there time enough for him to go into the back parlour, and take your coat, and rush out of the house before you got down; supposing he had nothing else to do? A. I think he might have done that, but he could certainly not have done any thing more; he could not have gone to the chimney-piece for the clock, nor have gone down to the butler's pantry.
MARGARET EVANS . On Sunday the 17th of February, I was in Mr. Perry's service as cook; I remember going into the butler's pantry during church time - about 12 o'clock; during morning service; the plate was there then, in separate parcles; I went out about eight in the evening to church - the prisoner let me out at the area gate; I had never before gone out at the area gate, on Sunday evening, while the prisoner was in my master's service; he unlocked the gate, and let me out - he kept the key himself; as I went out, he asked, how long I should be out? whether I should be back in time to take the nurse's supper up by nine o'clock; I said Yes - I returned from church about nine, or a few minutes before; I rang the hall bell and the prisoner let me in - he had his livery coat on then; I went in through the hall door - I went into the kitchen; put the nurse's supper on the tray, and then went up with it - and when I had been in the nursery about five minutes, my master made an alarm of a robbery.
Q. How long was that after the prisoner had let you in, dressed in his livery? A. I should think about tea minutes and five minutes after I got up stairs with the nurse's supper; I found the nurse in the nursery.
Cross-examined. Q. When the footman brought the tea things down, if he was about to wash them up, would he take off his livery coat? A. Yes, while he washed them up.
Q. Are you able to speak accurately to the time which elapsed from when you came in till the alarm? A. I think it was about ten minutes; I remarked then that I had not been ten minutes in the house; I have no recollection of having been into the butler's pantry after master came from church, till after the robbery - the prisoner, the nurse and myself were the only servants; there was nobody in the house the whole of the day to my knowledge.
MR. WILLIAM PERRY re-examined. When I went down stairs I saw the tea things which had come from the drawing-room - they had not been washed, nor had the dessert things which came from dinner.
Cross-examined. Q. Whether the prisoner had been about to wash them at any time you cannot tell? A. No.
ANN BANSTON . I am a charwoman. On Friday, the 15th of February, I was employed at Mr. Perry's, and saw the prisoner there that day doing his work; I was on the kitchen stairs that day with my water, and he asked me if I knew whether that dish was silver, for the cook had told him it was; I believe he was cleaning it; it was a deep square dish for holding a stew, with a cover to it.
Cross-examined. Q. Had you been in conversation together before this? A. No; I had been up stairs at work - I believe this was on Friday, but I was there on Friday and Saturday; I had not been talking to him about plate before - I had been in common conversation with him; I had come down for water, and was going up with it - he stopped me, and asked if I knew whether the dish was silver; I said, "I know nothing about it, John," and went up stairs - nobody was present - the cook might be within hearing; I did not see her, for I was on the stairs, and she in the kitchen; I had been in the kitchen - I do not know whether she was in the kitchen or scullery - she was in the kitchen when I got the water; the scullery is a good way from the stairs - I cannot tell how far.
LUKE LILLEY . I am a watchman. The prisoner was given into my custody.
Cross-examined. Q. Did you find a key anywhere? A. No, nor did anybody in my presence.
RACHAEL BAILEY . I am nurse to the prosecutor's children.
MR. CLARKSON. I have nothing to ask this witness.
MR. WILLIAM PERRY . I found a key about eleven o'clock that night, in the parlour where the great coats were - I think it was too large to open the area gate; I do not know whether it has been tried to any part of my house; I gave it to Furzeman the next day - I have no knowledge of it being able to open any lock of mine.
SAMUEL FURZEMAN . I am an officer of St. Giles. I have the key - it is a skeleton key; I did not try it to any part of the prosecutor's house, and do not know whether it has been so applied.
Prisoner's Defence. I know nothing whatever of the business, and am innocent.
DANIEL TAYLOR . I live in Upper Thornhaugh-street. Bedford-square, and am a hair-dresser. I have known the prisoner sixteen or seventeen years, and never heard anything against him; he bore a good character for honesty.
COURT. Q. Have you known him lately? A. I have never lost sight of him: I saw him almost every week or fortnight. I knew him in Mr. Perry's service, but did not visit him there - before that he lived somewhere in Portman-square; I do not know the person's name - he lived twelve mouths ago in Russell-place, Fuzroy-square.
WILLIAM ALLENSBY . I live in King-street, Longacre, and am a saw-maker. I have known the prisoner fourteen years; I saw him now and then: all I know of him was honest and upright.
COURT. Q. Do you know where he lived in Januray or February last? A. No; I do not know what families he has lived with for the last five years.
FREDERICK SEYMOUR . I live in New-street, Dorset-square, and have known the prisoner twelve years; he lived in service somewhere. I once made him a pair of gaiters - that is all I know; I do not know any family he lived in. I know nothing but honesty of him.
THOMAS LUKE . I live in Carmarthen-street, Bedford-square, and have known the prisoner three years - I knew him in Mr. Perry's service, but do not know where be lived before; I understood he bore an undeniable character for honesty and sobriety. I never heard anybody speak against him, or for him. I do not know any family that he lived in.
CATHERINE McCABE.
Second London Jury - before Mr. Recorder.
813. CATHERINE McCABE was indicted for stealing, on the 11th of March , 5 handkerchiefs, value 3s. 6d.; 2 pairs of stockings, value 3s.; 1 sheet, value 1s. 3d.; 1 table-cloth, value 2s.; 4 towels, value 2s.; 1 blanket, value 1s. 6d.; 1 window-curtain, value 6d., and 1 pair of gloves, value 2d., the goods of Allan Stewart ; 1 shawl, value 1s.; 2 aprons, value 1s.; 1 pair of gloves, value 6d., and 1 handkerchief, value 6d. , the goods of Elizabeth Milward .
CHARLES SMITH.
814. CHARLES SMITH, alias DAVID EASTWOOD was indicted for that he, on the 25th of February , at St. Mary-le-Bow, feloniously did falsely make, forge, and counterfeit a certain order, for payment of money , which is as follows:-
15, Lombard-street, London, 23d of February, 1828.
Sir William Curtis, Bart., Robarts, and Curtis, pay Messrs. Broadwood, or bearer, One Hundred and Thirty-four Pounds.
£134, W. E. NEMBHARD. with intention to defraud Sir William Curtis , Bart. , and others; against the Statute.
SECOND COUNT, that he, the said Charles Smith, alias David Eastwood, afterwards (to wit) on the same day, at the same parish, feloniously did utter and publish, as true, the said false, forged order, for payment of money, well knowing the said order to be false, forged, &c., with intention to defraud Sir William Curtis, Bart. and others; against the Statute, &c.
THIRD COUNT, that he, the said prisoner, on the same day, at the same parish, feloniously did falsely make, forge, and counterfeit a certain order, for payment of money, with intention to defraud William Ellis Nembhard ; against the Statute - (setting the order out as above).
FOURTH COUNT, for uttering and publishing as true the said false, forged order, for payment of money, well knowing the said false, forged, and counterfeited order. for payment of money, to be false, forged, and counterfeited, on the same day, at the same parish, with intention to defraud William Ellis Newbhard; against the Statute, &c.
The prisoner pleaded GUILTY - DEATH . Aged 30.
WILLIAM BREAN.
815. WILLIAM BREAN was indicted for stealing, on the 26th of February , 1 piece of lawn, containing 12 1/2 yards, value 15s. , the goods of Orlando Stone .
JAMES HODGSON . I am in the employ of Mr. Orlando Stone, of Fish-street-hill; the prisoner was in Mr. Stone's service, and left about two years ago. On the 26th of February, about half-past five o'clock in the afternoon, he came into the warehouse, and inquired for Mr. Robinson, who was in Mr. Stone's service at that time - he wished to know if we had any calicoes similar to those he had before - I understood he had bought some before; I told him Mr. Robinson was engaged: I entered into conversation with him for about ten minutes, and then went to the opposite side of the counter, to look out an order, and while there the prisoner walked into the warehouse adjoining; I followed him, and in about a minute discovered that a piece of lawn had been removed from the shelf where I had observed it two hours before: I immediately went forwards to the shop, and informed Mr. Robinson; I detained the prisoner till a constable was fetched - I believe the prisoner was not aware of his being sent for; he came in ten minutes to the door of the house, and when the prisoner left I followed him to the door; I saw the constable lay hold of him: he took him into a court, searched him in my presence, and took from his right hand pocket a piece of lawn done up in paper, with our private mark on it - he was taken into the private house; and before Mr. Stone came down he said, "Hodgson, do you think Mr. Stone will prosecute me?" I think I said I thought he would; he exolaimed, "Oh, Lord! Oh, God!" Mr. Stone came down, and gave charge of him; he implored forgiveness. The lawn is worth 15s.
Cross-examined by MR. PHILLIPS. Q. Did you know him before? A. Yes, I lived with him five years ago, and know nothing against him. I am fearful he has fallen into the habit of drinking; he smelled strong of wine at the time; and a bottle of wine was found in his pocket, but he knew very well what he was doing.
THOMAS KELLY . I am a constable, and was sent for The prisoner was charged with taking the lawn; he said he hoped Mr. Stone would forgive him; I found two pieces of Bandanna handkerchiefs in his hat, and this lawn in his right-hand pocket. I found two other pieces at his lodging, which Mr. Stone claimed.
Cross-examined. Q. Did he not appear to have taken too much? A. Certainly he was intoxicated.(Property produced and sworn to.)
MR. STONE. The prisoner lived in my service, and left eighteen months, or two years ago; when I was called down he asked me to forgive him.
JOHN ROACH.
816. JOHN ROACH was indicted for stealing, on the 24th of February , 1 copper, value 12s.; 1 petticoat, value 1s. 6d., and 1 blanket, value 1s. 6d. , the goods of George Rogers .
GEORGE ROGERS. I live in Green-street, Blackfriars-road . On Sunday morning, the 24th of February, at eight o'clock, I went down stairs, and missed these things from the back kitchen; I found the door open - the prisoner is a stranger.
ELIZABETH ROGERS . I am the prosecutor's wife. I saw all these things safe on Saturday night; my husband got up first on Sunday morning, and missed the copper - I went down, and missed the blanket and petticoat; we have two lodgers - they were in bed, and had come home when I went to bed at night; our doors were fastened - the thieves had got in at the back of the house; they must have got over a high wall - they had broken the window, and could then put a hand in to unbar the door, which was fastened when I went to bed. I went round to the old iron-shops to inquire, and about a fortnight afterwards I found the property at Guildhall, and was certain of it; the copper was fixed, and the things hungs on a line to dry; I think I have seen the prisoner begging about the streets.
RICHARD SANDERS . I am a watchman of St. Andrew's Holborn. On Sunday morning, the 24th of February, about half-past six o'clock, I met the prisoner in Fleet-market, with this copper on his head, which excited my suspicion, it being Sunday morning; I followed him to Harp-alley, and asked where he brought it from; he said from No. 9, Walker-street, Kent-street, Borough: I then asked where he was going to take it; he said to a broker's on Holborehill; knowing there was no broker's there, I took him to the watch-house, and inside the copper found an ironing-blanket and petticoat, which were wet; the property was advertised, and in a fortnight Mrs. Rogers claimed it - I measured the copper, and it fitted the place.(Property produced and sworn to.)
Prisoner's Defence. All the things were given to me by a person who I did not know; he said he would give me 1s. to carry them to Holborn-hill.
JOHN COOPER.
817. JOHN COOPER was indicted for stealing, on the 21st of March , five handkerchiefs, value 5s. , the goods of William Varty and others.
HENRY HOLIDAY . I am in the employ of William Varty and his sons, linen-drapers of Bishopsgate-street. On the 21st of March, about seven o'clock in the evening, I was standing in the shop, outside of the counter; my fellowshopman, who is not here, was behind the counter; these handkerchiefs hung over a rail, three yards within the door - I saw them not a moment before they were missed; I was folding up a piece of print, and on looking round I saw two or three men standing at the side of the window; about a minute after that I cast my eye round, and saw the five handkerchiefs being taken away; the prisoner had just got outside the door with them; I went out and saw him rolling them up, and putting them under his coat - the others followed him; I went after him, and had not got three yards before I said, "My man I want you," his accomplices said, run; I said "If you do I'll run after you;" he ran - I followed, and finding he got the better of me, I called, Stop thief! I lost sight of him for about half a minute; as he threw the handkerchiefs over my head - I was going back to the shop, and the witness gave them to me; I took them home knowing other persons were pursuing him.
Cross-examined by MR. BARRY. Q. He was a stranger to you? A. Perfectly so; he is one of the three I saw outside, and he is the one who had the handkerchiefs - the others got away.
WILLIAM SAUNDERSON . I am a cooper, and work at the London Docks; I was in Bishopsgate-street about the length of a house from the prisoner; two young men were near him; I put my chips off my shoulders - I heard him say, Stop thief! and saw him run in the road, and turn to the right towards Moorfields - Holiday came out; I lost sight of the prisoner for about half a minute, as he turned the corner; I am quite sure he is the same man - when he got about ten yards in the road I saw him throw the handkerchiefs down; I picked them up and gave them to Holiday - I took hold of him, and am certain he is the man who had the handkerchiefs; I should not know the others.
Cross-examined. Q. Was it dark? A. Yes, it was seven o'clock - I lost sight of him for half a minute; but the moment I turned the corner, I saw him again, and knew him; he was a stranger before.
JOSEPH GREGORY . I am a constable; I was standing in Liverpool-street, the prisoner ran by me, and several persons after him - I lost sight of him for a minute, and when I caught sight of him again he was in custody; the prisoner was delivered to me.
Cross-examined. Q. How near were you to Saunderson? A. About six yards.(Property produced and sworn to.)
Prisoner's Defence. I had beeb over the water, and on my return I heard a cry of Stop thief! I ran down Liverpool-street after the men, and on turning the corner they ran too fast for me and got away; I turned back and the gentleman said, "Why this is him," I said, "No, the man is gone on."
JAMES HAYWARD.
818. JAMES HAYWARD was indicted for stealing, on the 29th of February , one bed, value 2l.; one bolster, value 10s.; two pillows, value 7s.; and one piece of matting, value 6d. , the property of James Toplis and another, his master.
MR. BODKIN conducted the prosecution
THOMAS HOOPER . I am a sawyer in the employ of Mr. James Toplis and his son, upholders and auctioneers of St. Paul's Church-yard . On the 29th of February, the day after there had been a sale on the premises, I was in the saw-pit warehouse about-half past five o'clock in the evening; I saw the prisoner (who was in master's employ) come into that warehouse, which opens into little Carter-lane, he had a Russia matting package, which looked like a bed; he unbolted the door, opened it, and placed the package outside the door, which he bolted again; when he first came into the warehouse I said,"What Jem, are you going to deliver goods at this time of night?" he said, Yes: I said, "Where is the porter? who is going to take them?" he said, he was going to take them himself;" after he had put the packages out, and come in himself, I said, "Jem are you going to leave the package outside at this time of night?" he said, "Yes I am, it is all right;" he then went down the warehouse the way he had come from.
Cross-examined by MR. PHILLIPS. Q. There was on concealement about it? A. No, not from me; a man named Jennings was in our employment at the time.
THOMAS CROFTON . I keep the King's Head, public-house, Earl-street., about a quarter of a mile from Mr. Toplis. On the evening of the 29th of February the prisoner brought a package to my house, and said he wanted to leave it for a carrier who would call at twenty minutes past six o'clock for it; I looked at my clock, and it was just that time; I told him there was no direction on it - he took a piece of paper out of his pocket, and said he was no scholar, and wished me to write one for him: I wrote "Mr. Hayward, No. 1, Knightsbridge;" he then left the house; no carrier is in the habit of calling at my house, and none called that evening. The prisoner came again in about an hour with a portable desk; I asked where he brought the desk from; he shewed me a piece of paper, with Mr. Toplis name on it in print, and said he was going to leave the desk on his way home: I asked where he had brought the package from; he would give me no answer - I said it was rather an odd time of night to send out packages from any warehouse, and desired Mines and another person who were in my house, to go and-enquire at Mr. Toplis's - I detained him till Mines came back; Mr. Toplis came soon after, and claimed the package - Mines took it away.
Cross-examined. Q. Do not carriers call at your house at times? A. Never for goods. The bill he shewed me was folded up with a direction where he was to take the desk: he did not say it was his own name, that he told me to write on the direction; he gave me no Christain name - he heard me send for Mines, and did not attempt to escape; he was in the passage, and several other people were there: I was in the bar.
MR. BODKIN. Q. He told you he was to leave the desk as he went home; he did not say his home was at Knights-bridge? A. No.
JOHN JENNINGS . I have been two years and a half in Messrs. Toplis employ, and am foreman of the porters; we had some property in our warehouse for Mrs. Bowyer: I saw it stowed in the second floor warehouse, over the sale room, about a fortnight before this; there was a bed, bolster and pillow among other things - I packed them up in Russia matting, at Mrs. Bowyer's house; I never directed anybody to remove them; the prisoner had no authority to remove them without my orders. On the 29th of February, about a quarter to seven o'clock in the evening I delivered him a desk with a cheque order, (stating what was to be done to it) to take with it to Brownlow-street, Holborn; it had Toplis and Son's name on it; he said nothing to me about any package - Earl-street is quite out of his way there.
Cross-examined. Q. Had he taken any of these orders out before? A. Certainly; he knew my master's name was printed on them, I suppose, but I do not know whether he can read - I am quite sure I gave him no order about the bed: I had treated him with some ale that night, as he came and told me he was going to leave Mr. Toplis, which I did not know before; he said he had no money in his pocket, and I took him to the next house, which is a public-house - he had a pint of ale with me, and a man, named Underhill, who had been formerly in Mr. Toplis' employ; he had been taking some things away the day before, and for that reason he treated the prisoner as well as me - he paid for one pint of ale, and I for another, as the prisoner said he had no money, and was in distress; I cannot tell where Underhill is - I am not in the habit of treating porters; I have treated the prisoner before when I have met him at any house.
Q. Are you quite certain you did not tell him to take the bed to Earl-street? A. I swear I did not.
MR. BODKIN. Q. The sale brought a good many porters to your place? A. Yes; I occasionally drink with the porters.
COURT. Q. Had any person, named Hayward, of Knightsbridge, purchased goods at the sale? A. None; I know no such person; I did not then know where the prisoner lodged, but I found out by a direction in Mr. Toplis' book, where he enters all the porters' directions - it was in Exeter-court, Exeter-street, Sloane-street; I went there that evening.
NATHANIEL MINES . I am a beadle. I was at the King's Head on the evening of the 29th of February. I saw the prisoner there, and in consequence of what took place, I went to Mr. Toplis; I returned to the house, and the bed was given to me.(Property produced and sworn to.)
MR. JAMES TOPLIS . I am in partnership with my son. Jennings has been two years and a half in our service, and is so now; the prisoner had been about six months with us as an extra porter; we intended to discharge him on the Saturday; I directed the principal clerk to inform him so; in consequence of information from Mines, I went to the King's Head, and claimed the bed; I know no Mr. Hayward, of Knightsbridge; I was answerable for this property- it is worth about 3l.; the prisoner lodged somewhere about Knightsbridge.
Prisoner's Defence. I took the bed to the King's Head by Jenning's direction, and left the man 1s. to take care of it.
JAMES OWEN.
819. JAMES OWEN was indicted for stealing, on the 12th of March , 1 handkerchief, value 1s., the goods of William Butt , from his person .
WILLIAM BUTT. I live in Alfred-place, Blackfriars-road, and am a clerk in a public office. On the 12th of March, about seven o'clock in the evening, I was on the west side of Fleet-market, coming towards Fleet-street; I had left home at half-past six, and felt my handkerchief safe; as I went along Davis gave me information - I felt and missed it; he pointed out three persons; I called an officer from the watch-house in the market, and went with him; we came up with the three persons in Fleet-street, near Poppin's-court - the prisoner was one of them; Davis pointed him out to me; the officer and I took him: I did not observe the other two afterwards - they were about a yard and a half before him; the prisoner immediately threw my handkerchief down - it was picked up.
JAMES DAVIS . I am a fancy stationer, and live in King's Head-court, St. Martin's-le-grand. On the 12th of March, I was in Fleet-market, and saw the prisoner and two others following him; and from their manner of walking I went into the road to watch; Mr. Butt walked on a little way, and stopped to look at a jeweller's window; the prisoner and the others walked on. I went up to Mr. Butt and asked if he had lost anything; he felt in his pocket and missed his handkerchief - I pointed out the men, and said they must be the party: I watched them; they turned down Fleet-street; I knew the prisoner before and pointed him out; the officer laid hold of him, and the others got away; I went after them; the bill against one of them was thrown out by the Grand Jury; I was gone after them when the handkerchief was picked up.
Prisoner. Q. Did you see me pick the gentleman's pocket? A. No; nor did I see him throw it away.
WILLIAM WORCESTER . I am a day patrol of the Mansion-house. I received information from Butt and Davis; I went with them; Davis pointed to the prisoner, who had a stick in his left hand - I collared him and said I wanted him; he took the handkerchief from behind him with his right hand and threw it against an area; I had hold of him at the time, and picked it up - Mr. Butt's name was on it; I think one of the others was in the prisoner's company, but did not notice the third.
Prisoner. Q. Did you see me throw the handkerchief from me? A. I did, I saw it go from his hand.
Prisoner's Defence. When he collared me I turned round, and said, "Here is the handkerchief on the ground," and there were twenty or thirty people round.
ELIZABETH AUSTIN.
820. ELIZABETH AUSTIN was indicted for stealing, on the 1st of April , 18 yards of ribbon, value 13s. , the goods of Thomas Hall .
JOHN BEDDINGFIELD . I am shopman to Thomas Hall, haberdasher , of Bishopsgate-street, City . On the 1st of April, at two o'clock, I was attending in the shop, and saw the prisoner come in with another woman; the other
asked to look at some ribbons to trim a bonnet - the prisoner was close by her; all the shopmen were engaged; I was shewing some handkerchiefs to a person, and the prisoner asked to see them - I was close to them both, only the counter was between us; I put the handkerchiefs away while I took the money to the cashier, and afterwards brought them again for the prisoner to look at - I observed the other woman take the handkerchief out of the basket and lay it down on the counter, close to a box of ribbons; I asked if I should cut one handkerchief off from the piece - the other said, "No, we will see the ribbons first;" I showed them a box of ribbons - they complained that they were too dark; I went to fetch a basket of ribbons, and as I turned round I observed the prisoner stooping - I looked, and saw her stoop a second time, and observed her put something into a basket which she had at her feet, between her and the other woman; she immediately fixed on a ribbon at 8d. per yard, and said, she would take three yards, which I cut off; she laid the money down, saying, she was in great haste, and could not stop; the other had not expressed any hurry - I said to the prisoner, "I thought you came together?" I had seen them come in together, and asked if they had not come together; they said, Yes, and both asked to see some goods. In order to ascertain to whom the basket belonged, I stood till the prisoner took it up, and was going out with it; I called her back, and asked her to allow me to make a bill of the articles - she came back and set down her basket, and sat down herself; I took the ribbon from her which she had bought, and desired our young man not to let her go; I went and told Mr. Hall; I then came down - called her into the counting-house, and in the basket which was at her feet was found 12 yards of French white ribbon; she had bought pale yellow - she said the basket was not hers; the other woman went out while I was gone to Mr. Hall - that was before the charge was made; the prisoner said she knew nothing of her - the basket the ribbons were taken from had been by the side of the prisoner, and was not what I had shown her, but what a young man was showing a customer; the other woman never had the basket in her possession.
Cross-examined by MR. BARRY. Q. The young man who had produced that basket of ribbons is not here? A. No, there might be six persons serving, and about six customers; I call persons companions if they come together - I saw no bonnet in the prisoner's possession; the one she had on seemed to want a new trimming - the other young men never spoke to them; no other money was found in her possession - I did not state my suspicions to her, till she was taken into the counting-house, up stairs; I considered them to be both concerned, but did not tell the young woman to detain her; as the basket belonged to the prisoner, and I am certain the prisoner put something into the basket.
THOMAS SAPWELL . I am a constable; I was fetched and took charge of the prisoner - I found a purse, but no money on her, thought she told me she had 17s.
Cross-examined. Q. She denied stealing the ribbons? A. She said she bought the small ribbons, but the basket she knew nothing of - she was rather the worse for liquor I think.(Property produced and sworn to.)
Prisoner's Defence. I had the money in my bosom; the officer asked to take it from me; I refused to give it him - the man sold the woman a handkerchief out of the same box.
THOMAS SAPWELL . She said she had money; I felt her as well as I decently could - I could find none; she said she had money, but would not give it to me; I think she had some at the Mansion-house next day, but her husband and a friend had been with her.
JOHN BEDDINGFIELD . The other woman did not buy a handkerchief, nor anything.
CHARLES DELL.
THIRD DAY. SATURDAY, APRIL 12.
821. CHARLES DELL was indicted for stealing, on the 22d of February , at Hanwell, 1 gelding, price 20l. , the property of William Tollitt .
WILLIAM TOLLITT. I am a coach-master , and live at Uxbridge. I keep some horses at Hanwell . On Friday morning, the 23d of February, this gelding was missed from there - I had never seen it myself before it was lost; I made inquiry, and found it at Mr. Gibb's, at Henley, about twenty miles from Hanwell; I had a letter sent me on Monday night, and went there on the Tuesday, and my son identified the gelding.
JOSEPH TOLLITT . I am the prosecutor's son, and know this gelding - it was kept in the stables at Hanwell; I saw it safe on Friday night, the 22d, about half-past seven o'clock: I drove it down in the coach that night - I went on to Uxbridge, but left the gelding at the King's Arms, public-house, at Hanwell - it was missed afterwards, and I found it at Gibb's on the Tuesday following, and knew it to be the same.
JOHN WAITE . I am an ostler, and had the care of Mr. Tollitt's horses. On Friday night, the 22d of February, I left this gelding in the stable, at twenty minutes to ten o'clock, with other horses - it was tied up with a halter in the usual way; I locked the stable door - there were six horses there in all; I went there again about half-past five o'clock in the morning, found the door open, and this gelding gone - there are two doors to the stable; one was bolted inside, and the other locked - the one which I had bolted inside was wide open; there is a window with a slide to it, which was not fastened - a person could get through the window, open the door, and lead the horse out; I have seen it since - it is in my care; the prisoner is quite a stranger to me.
JOSEPH TOLLITT. The same gelding is in Waite's possession now.
JAMES GIBBS . I keep the Angel public-house, at Remneham, in Berkshire - it is near Henley, and twenty-two miles from Uxbridge; this gelding was found at my father's, who keeps the Two Brewers, public-house, at Remneham; the prisoner brought the gelding to my father's on Saturday evening, the 23d of February, about six o'clock; I saw him come to the house - it had a regular bridle and saddle on it; I saw my father take the horse
from him, but did not hear what he said; he staid there till Tuesday morning, when he was taken away - I never saw him before.
Q. Can you tell why he staid so long at your father's house? A. Yes; he said he was sent there with the horse by his master, who was a horse-dealer at Oxford, and he was to wait there till his master came on the Sunday, to go to Abingdon fair; he said his master was to come about the middle of the day on Sunday; he stated this on Sunday morning, that he expected his master that day, and that his master was going to Abingdon fair; that his master was a horse-dealer, and said he lived with Mr. Crab, of Oxford. I heard him, on the Sunday morning, offer a young man, named Nelson, the horse to ride out; he said he had got a horse which Nelson might ride out; this was between nine and ten o'clock, when he was drinking with Nelson and another young man - he said he might ride him out in the afternoon if he chose; I then suspected there was something wrong, and told my father not to let him get the horse out of the stable; I went over to my father's again in the evening, and the prisoner went and helped to take a horse out of a gig, and put it into the same stable as the horse in question was - nothing more happened that night: on Monday I got up, and went to my father's - the prisoner was not up; I went and informed the Magistrate, got a constable, and detained the prisoner and the horse; Joseph Tollitt and the ostler have both seen the same horse, and claimed it.
Prisoner's Defence. I was going down to see Mr. Tollitt, as I was out of service; I stopped just by Hanwellgate, to see a man walking; a man came up and asked if I was out of place - I said Yes; he said if I would take a horse to Uxbridge he would pay me for it; I said I could not take it down for less than 30s., and he offered to pay me for it; I brought a horse for him to London, and next morning he gave me another horse, and told me it belonged to a Mr. Crab, of Oxford, and told me to take it there.
HAMBRY PRICE, MARY PRICE.
822. HAMBRY PRICE and MARY, HIS WIFE , were indicted for that they, on the 28th of February , at Paddington, two pieces of base coin, each of them resembling the current silver coin of this kingdom, called a half-crown, feloniously and traitorously did colour, with materials producing the colour of silver, against their allegiance, and against the peace, &c.
SECOND COUNT, that they, on the same day, at the same parish, two pieces of base coin, each of them resembling the current silver coin of this kingdom, called a shilling, feloniously and traitorously did colour, with materials producing the colour of silver, against their allegiance, and against the peace, &c.
THIRD COUNT, that they on the same day, at the same parish, two pieces of base coin, each of them resembling the current silver coin of this kingdom, called a sixpence, feloniously and traitorously did colour, with materials producing the colour of silver, against their allegiance, and against the peace, &c.
MESSRS. BOLLAND and LAW conducted the prosecution.
JOHN LIMBRICK . I am a Police-officer of Hatton-garden. On the 28th of February, in consequence of information which I received, I went, in company with Edwards and Lee, to Crick's-fields, Paddington; I found a cottage there - it had only two rooms and a kitchen; they were all on the ground floor; the cottage is but one story high, and stood alone - there is a small garden all round it. I entered the house in company with Edwards, at the back door, which was shut, and on the latch; I went through the little kitchen into the parlour, on the right hand, and there I saw the female prisoner, Price, sitting by the fireside, with her back towards the window - she was close to the fire; there was a fire in the grate: on my going in she shrieked out, "Oh, my Lord!" or "Oh, my God!" we seized her and secured her.
Q. Before you secured her, did you see her do anything? A. I saw Edwards take some money out of her hand; she had this cup in her hand - she tried to throw it into the firs- it hit my hand, which broke the fall, and it did not break - it fell on the fire; I took it off the fire, and found in it the paste which I understand they use to colour base money - it is now in the cup; I saw Edwards try this stuff on a penny-piece, and it gave it the colour of silver.
Q. You and Edwards went in at the back door? A. Yes; Lee came in at the front; I saw Edwards take some money out of her hand, but what money it was I could not see; we then examined her hands, and her right hand particularly was very much stained with a dark green colour; her right thumb and fingers were stained. I have tried the stuff in the cup, and it turned my own thumb and finger green; we sent for Mr. Powell, and when he came we searched the room - he was at hand, and came almost directly; nothing had been disturbed but the cup before he came; on his coming I found what appeared to be a shilling on the bar of the grate - this is it (producing it) and under the grate I found these two half-crowns and a sixpence, which I produce. I found a saucepan on the floor of the room, close to her side, with three shillings and a half-crown - I produce them; the saucepan at that time had something wet in it; it was some liquid, but nothing that would save; it was a few drops of liquid; I found a piece of sand paper by the side of her; it had the appearance of having been used; I found a glass bottle by the side of her, in a little recess on her left hand, by the fireplace, and there was aquafortis in it; she sat with her left hand to the fire; I found a pair of bellows there, with the appearance of something having been rubbed on it: there is something white - it has been nearly rubbed off; I went into the bed-room, and found a table there; here is the drawer of that table; it has the appearance of a stain on it, and of brass filings. I saw nothing of the male prisoner in the cottage - I went out, and got information from a man outside, and ran in company with him across the fields, as he had directed me: I did not myself come up with the male prisoner, but I saw Edwards bring him back without his coat, in a direction of the premises I had not seen him before. I went on in a direction pointed out to me and found this coat, which the male prisoner afterwards claimed; he desired me to let him have it to put on, and said it was his - he was without a coat when he was brought back, and his breeches were all over mud and wet; he was then secured: the articles found in the house are here.
Prisoner HAMBRY PRICE. Q. When did you receive this information? A. I received several informations.
Prisoner HAMBRY PRICE. A person in Coldbathfields had his liberty given him to give information; the house I believe was not fastened at all. Witness. No, it was only on the latch. I cannot say whether there were curtains to the window of the room in which I found the woman.
Q. There are very low windows, I believe such as can be seen from the road by anybody passing? A. Yes, but the cottage is some distance from the road: I am sure a person walking in the road could not see into the room; the road is not finished; the footpath in the road is low down, as low as their window nearly; the cottage stands quite back - I had a great deal of trouble to get along the foothpath, by laying hold of the rails, and then I could not see what was doing inside the house.
Q. Did you observe anything particular on my wife's face? A. I did - it appeared to me as if she had had a beating; she had a black eye: she fainted, and struggled a good deal. I seized her the moment I entered the room.
Q. How can you assert on your oath that she could throw a cup into the fire? A. Her fainting was after she was handcuffed.
WILLIAM BROWN EDWARDS . I am an officer. I accompanied Limbrick and other officers on the 28th of February, to Crick's fields - I entered the cottage with Limbrick - it is only one story high; we went to the front room - I saw the female prisoner sitting by the side of the fire; I directly laid hold of her, with Limbrick; she was then throwing a tea-cup into the fire; this is the cup, (producing it) and from her hand I took these five sixpences, which were quite wet (producing them) - they were wet, as if they had been put into the pickle, as they call it, and her hand was wet likewise; the sixpences were white, and had the appearance of having been recently coloured; I dried them myself with rag, and since that they have changed their colour; they are a brass colour: we secured her; I was given to understand the male prisoner had run across the fields; I pursued across the field - I did not know the male prisoner before; I saw him crossing one field, and jump into a wide ditch; I then saw him get out of the ditch again - he had a light coloured coat when he was running in the field; he threw it off as he was running, and jumped into the ditch - I saw him get out of the ditch - I saw some men at work in the field, and told them I wanted him for murder; they brought him back to me; I took him back to the cottage again - we secured him and the woman. I then tried this powder or paste in the cup on a penny-piece - here is that penny-piece; it has given it a white colour. The prisoners were put into a coach, and conveyed to the office. I asked the male prisoner how long he had lived there - I did not say anything to induce him to tell me - he said it wanted a month and one week to the half year.
Q. Before you went in pursuit of the man did you examine the person of the female prisoner? A. I did; the finger and thumb of her right hand particularly were stained with a kind of yellow cast. I made a further search after taking them to the office; Limbrick and Mr. Powell had remained in the house; I found them there when I returned. I found nothing particular afterwards, except a brush, which I gave to Lee - it appeared greasy, and I found a brown powder - here it is.
Prisoner HAMBRY PRICE. Q. When you brought me back as a prisoner, did you not say to a man who was at work near the house, "I am much obliged to you for giving the office?" A. I did not. When I first went into the house I asked Lee where the man was.
Q. You had just received information then that I was in the house? A. I expected to find you in the house, and went into the other room to look for you.
WILLIAM LEE . I am an officer, and accompanied Limbrick and Edwards to apprehend the prisoners. I got in at the front door of the cottage; I found a key outside the door - I turned the key, and opened it; I found the female prisoner struggling with Edwards and Limbrick; I assisted in securing her; I had her in my care while Limbrick and Edwards went after the man. I went into the bed-room, but saw nobody there - there was only one bed in the house- Mr. Powell came in in a very few minutes. I saw a half-crown in the ashes, and a shilling on the flat upper bar of the stove - I found on the tea-board eight half-crowns and eight shillings, which are here; I also found a tooth-brush, which had the appearance of some black stuff in it, soot or something, and I found a fire shovel, which I produce - it had the appearance of having been smoked over the fire, and there is a sort of acid, which I suppose to be cream of tartar, on the inside of it; I did not taste it then, but did after I got to the office - it has been in my possession till just now. I also produce the eight half-crowns and toothbrush.
Prisoner HAMBRY PRICE. Q. I believe you searched the place minutely - did you find anything secreted in any of the drawers? A. The things were all open in the room- every thing I found was in one room.
Q. Were they all close by the table where my wife was sitting? A. Yes - she was not sitting when I entered, but the things were near the table, which was near the fire, with the breakfast things on it; I think there was only one table in the room.
Prisoner MARY PRICE . Q. I believe you asked me where the man was when you came in? A. I dare say I did - I went into the bed-room to look for the man; there was a white hat and drab coat on the bed; the man claimed it when he was brought in.
Prisoner HAMBRY PRICE. Q. Have you had the contents of the shovel analized? A. No; there was a grate with a fire in it, but whether the grate was set I do not know.
Q. Was there not same loose mortar? A. I do not know.
JOHN LIMBRICK re-examined. The grate was not set; I saw no mortar on it; the male prisoner said at the time that it was mortar on the shovel - but the shovel was all black, as if it had been on the fire to melt something.
WILLIAM BROWN EDWARDS . When the man was taken I believe he was without his hat, but I cannot be certain.
VINCENT PAKES . I am a plasterer. On the 28th of February I was in Crick's-fields, and on passing the cottage the prisoners live in I saw Limbrick, Edwards and Lee; I saw the male prisoner outside the cottage, at the side of the cottage - I did not know him before; he had on a white rough coat; I think he had a hat, but do not
know; I did not see what he was doing; he seemed as if he was doing some pales outside; he had a nail box in his hand. I saw the officers go into the house, and when they had gone in I heard a female scream inside the house; the male prisoner then came up to the corner, and looked on one side, towards the front of the house - he then dropped his nail box, and ran across the fields.
Q. When he looked round could he see the officers? A. No, they were inside: he ran across the fields at the back part of the house - I saw one of the officers run after him; another man stopped him, and brought him back to the officer; I did not run after him: when he ran across the fields I had a view of him, and could see him run right down the field - I saw him pull off his coat, and throw it through a hedge, into another field; I afterwards saw that coat - I picked it up, and brought it to Limbrick. I saw the prisoner brought back, and am sure he is the man who ran from the house.
Prisoner HAMBRY PRICE. Q. Which way did I leave the house at first? A. You ran down the side of the field, by the cottage; the place you were taken in is behind the cottage; I saw you brought back - I heard no observation made by Edwards. I had not been near the cottage five minutes, when I saw the officers, and did not see you till the officers were there; I did not see you at work outside for those five minutes.
JOHN McCARTY . I am a labourer, and live in Cato-street, Edgware-road. I was employed on Thursday, the 28th of February, in building a cottage near where the prisoners live; I was at work, and saw the male prisoner come out of the cottage, with a few palings under his arm; he was nailing them up to the fence. I saw him in the garden for about a quarter of an hour before I saw the officers - before I got sight of the officers I saw Price running away down the field, without his hat, and in a little time I saw Edwards run down the field, and in a short time I saw him bring the prisoner back.
Prisoner HAMBRY PRICE. Q. Did not Edwards say to you, "I am much obliged to you for giving the office?" A. I never heard a word of the sort - I was not dressed in a brown coat, I had a jacket on; I was at labour at the cottage, and was the only labourer there; whether there was anybody there dressed in a brown coat I cannot say.
HENRY CAPP . I am a carpenter. On the 28th of February I was in Mr. Giblett's field - I saw the male prisoner coming away from his house, running up towards where I was at work - he had a waistcoat on, but no coat when I saw him - a person was pursuing him, who hallooed out, "Stop thief!" and "A murderer!" I stopped the prisoner as he was coming along; I asked him what was the matter - he said nothing - I said, "What have you done?""Nothing," said he; I said he must go back, and took him back to the officer.
Prisoner HAMBRY PRICE. Q. Did you not tell the Justice that I sat down on a barrow on coming up to you, apparently exhausted? A. Yes, I did say you sat down on a barrow; Edwards mentioned the words "rogue and murderer."
Q. Were not your depositions ready written when you were examined, and you merely sworn to them? A. I was examined at Hatton-garden.
COURT. Q. Somebody asked you questions? A. Yes, and somebody took down what I said.
MR. BOLLAND. Q. Did the prisoner sit down on a wheelbarrow? A. Yes.
JOSHUA PILTON . I live at No. 15, Chapel-street, Paddington. I know the prisoner Hambry Price; I let him a cottage in Paddington fields - I believe the place is intended to be called Little Weston-street; I let it to him previous to Michaelmas day, last year; he entered two or three days before - he has paid me rent for it; I saw a female with him after he got into the cottage, and believe it was the female prisoner: I asked him what business he was - he said a writer; I asked of what - he said he wrote for the press.
Prisoner HAMBRY PRICE. Q. Have you any reason to disbelieve that the female prisoner is my wife? A. No, you always represented her as your wife - I had no reason to suspect your honesty at all; you paid my rent regularly - that is all I can say.
CALEB EDWARD POWELL . I am assistant to the Solicitor of the Mint. I was at the cottage in Crick's-fields on the 28th of February; it was twenty minutes after one o'clock when the officers entered the cottage; I was close by, and went in in five minutes - when I got into the house I found the female prisoner in the custody of the officers, Limbrick and Lee; the male prisoner not being found in the house, Edwards went out backwards, to look for him; he was soon afterwards brought into the house by Edwards, accompanied by a witness who had secured him; a search then took place by the officers, who found the counterfeit money, produced; the colouring materials in the cup were produced to me - I desired Edwards to try the effect of it on a piece of copper, which he did, and it gave it the colour and appearance of silver. The prisoners were secured and taken away - I remained in the house.
JOHN FIELD . I am an inspector of counterfeit coin to the Mint, and have been so many years. (Examining three half-crowns, four shillings, and a sixpence, produced by Limbrick) these three half-crowns are counterfeit - the shillings are counterfeit, and the sixpence also - the half-crowns appear to me to have undergone a preparation to fit them for a more regular state for circulation, than when they come from the coiner; by rubbing off the roughness of the die, then re-silvering, and rubbing them with grease, to give them the appearance of having been in circulation; here is the glass-paper produced - it appears to have been used on some sort of metal; the paper is generally used for polishing wood; nothing would rub the half-crowns so well as this paper. [The witness here wetted the contents of the cup produced, with plain water and rubbed it on a piece of copper] this powder has produced an appearance of silver on the copper; the powder is a strong nitrate of silver. Here are the five sixpences produced by Edwards - they are all counterfeit; they are in such a state now that I cannot tell what has been done with them; they appear to have been left in acid; the application of the stuff in the cup would give them the appearance of silver - (rubbing it on) to complete the process, it wants to be washed with a slight acid; I presume these sixpences have been once coloured, but I cannot say so - they are silvered before they are struck in the die, then rubbed, and coloured a fresh, but whether these have been re-coloured a second time I cannot say; but the half-crowns, shillings, and sixpence have undergone all that process.
Q. Now examine the eight half crowns and eight shillings produced by Lee? A. These are all counterfeit - they are just in the state in which they came from the original coiner - just as they come from the die; they have not been rubbed nor re-silvered; I have examined all the apparatus produced - it is all the apparatus which is generally used on these occasions; here is the nitrate of silver, aquafortis to be diluted with water, to make the acid, or for the purpose of making the nitrate of silver; here is the paper to rub the money down - a small saucepan, which is very commonly used, to neal it, to heat it to give it a better ring; it is generally done in a fire shovel.
COURT. Q. Do all the half-crowns appear to have been struck from the same die? A. They do, my Lord, and the shillings and sixpence.
Prisoner HAMBRY PRICE. Q. There is a brown powder produced, what is that? A. Here is a powder which appears like marble dust, but I cannot say what it is.
MR. FRANKLYN. I am a moneyer of the Mint. (Looking at the three half-crowns, four shillings, and a sixpence) these are all counterfeit - I cannot say what the metal is.
Prisoner HAMBRY PRICE. Q. Are any of them fit for circulation? A. Yes.
MR. FIELD. I have examined the coins - they are brass, washed with a slight degree of silver before the die is struck.[Here the witness broke a shilling, and produced it to the Court.]
HAMBRY PRICE'S Defence. I scarcely know how to defend myself, having been, by various circumstances, unable to employ a legal gentleman; but, as far as relates to the articles produced, I have no knowledge of them. About sixteen months ago I became acquainted with one Antonio, an artificial florist; he lodged with a young man, who is since married - a man named Harvey, who has been tried for passing these things and acquitted: as soon as I discovered this I ceased to have any connexion with them. About six months ago I met Antonio, who said he understood Harvey was in Coldbath-fields for passing bad coin; I saw nothing of him for a fortnight or three weeks, when he knocked at my door - I expressed my surprise at seeing him, as I understood he was to have twelve months imprisonment; he said he had got his imprisonment remitted for his good behaviour, and had got a situation with a baker; I knew he was a baker by trade. I begged of him not to come to my place, but he being in a deplorable situation I invited him to dinner (I believe) which I was having when he came; he came again two or three times - I repeatedly begged of him not to come. On the morning in question he came while we were at breakfast - my wife and I had had a quarrel, and we again resumed the quarrel; I went out of the house and never entered it again till I was a prisoner, which was in an hour. Harvey had promised four days before to bring me some seeds to put in my garden, and after I went out of the house it seems he said he had brought me the seeds for the garden, and my wife would have brought them to me, but was fearful of resuming the quarrel; I had previously given her a black eye. When the officers entered the house I heard her exclaim, "Oh, my God!" - a man came and told me to go, for my wife had sent for the officers; I ran away, and hearing a cry of Stop thief and murder! hastened me, for I was fearful I had done my wife a serious injury. I at last sat down on a barrow, reflecting that I could not have done my wife such an injury; I was brought back, and saw Mr. Powell and Edwards in the room examining the papers. I have brought a certificate of my marriage if it will have any effect.
MARY PRICE'S Defence (written) My Lord and Gentlemen of the Jury, - I have very little to urge in my defence; for, comparatively speaking, I know nothing of this transaction. The parcel that was found by the officers had been left about twenty minutes before, by a young man with whom my husband was acquainted, of the name of Edward Harvey. I, my Lord and Gentlemen, solemnly protest that I did not know there was such a thing as a counterfeit piece of money of any description in the house; nor did I ever see them at all before they were produced at the Magistrate's, and then, from the state of my feelings, only partially; the saucepan that was shewn I had boiled two eggs in for breakfast, and that only. My Lord and Gentlemen, - Had it not been for an unfortunate quarrel between my husband and me, this calamitous circumstance never could have happened; for, Gentlemen, I should have carried to my husband, or have examined, the supposed parcel of seeds myself, and then the villainy, of this worse than villain, would have been detected. Of the transactions of that day, from the entrance of the officers to my committal at night, I have no recollection; for, on being seized by the officers, I fainted, from the effect of their behaviour and manner, thinking that, seeing me alone, they had entered for murder or plunder. My Lord and Gentlemen, - As I expect Divine Mercy, so do I assure you, that the whole is the contrivance of the villain Harvey, the informer; for purposes that must be obvious; by himself, or, as I firmly believe, with the assistance of others. Should we, or either of us, this day obtain our liberty, I am confident we then shall be enabled to produce the full proof of his or their superior villainy. Confidently relying on your discriminating judgment, my Lord, and on your cool deliberation and reflection, Gentlemen, I cheerfully resign my fate to your keeping; almost certain of the verdict that I anticipate.
H. PRICE - GUILTY - DEATH . Aged 28.
M. PRICE - GUILTY - DEATH . Aged 27.
JAMES MAGRATH.
Killing: manslaughter.
823. JAMES MAGRATH was indicted for killing and slaying Harriet Clayton .
Messrs. William Bell Sanderson and Felix William Lyons , surgeons, deposed, that they had attended the deceased, and after her death opened her body; they both attributed her death entirely to natural causes, quite unconnected with any external violence.
RICHARD HAMMOND.
824. RICHARD HAMMOND was indicted for breaking and entering the dwelling-house of Joseph Fernandez Madrid , on the 14th of March , at St. Mary-le-bone, and stealing therein, 23 silver spoons, value 5l.; 16 silver forks, value 4l. 11s.; 3 silver soup-ladles, value 2l.; 1 pair of silver sugar-tongs, value 10s.; 1 silver fish-slice, value 6s.; 1 silver cruet-stand, value 5l., and 1 time-piece, value 5l. , his property.
PAUL LAS CASAS . I am attached to the Colombian Lega
tion, Mr. Joseph Fernandez Madrid is the Minister , he resides at No. 71, Harley-street , and keeps the house; I reside in the house - the property in question was his; I knew nothing of the robbery till the servants called me up in the morning, and on examination I found a considerable quantity of articles had been taken.
Prisoner. I thought the names were wrong. Witness. They are Joseph Fernandez Madrid; I have been attached to the Legation some time, and never understood that the Minister had any other names.
EDWARD GERRARD . I am footman in the service of the Colombian Minister, and reside in his house; I was called upon on Friday morning, the 14th of March - I know the room which is called the office; I had put the shutters of that room too on Wednesday evening, but did not put the bar up - it was sometimes fastened and sometimes not; the sash was only down, and not fastened; it was not open at all on Thursday to my knowledge - I went to bed on Thursday night at about half past twelve o'clock; the house was all secure at that time - the plate was in its usual place; I was called up at six in the morning by the watchman, and examined the windows of the office as soon as I had an opportunity - there were marks on a small brick-ledge outside, by which it appeared persons had entered by that window; on examining the plate-closet the plate was gone, and a clock was gone from the mantel-piece, the plate was not in my care; I have seen some of it since at the office.
ANTONIO NIETO . I am butler to the Minister. On the Thursday night, I remember the house being made secure before we went to rest; all the plate was carefully put away as usual - I was called up by Gerrard about six in the morning; I found the plate-closet broken open, the plate all carried away, and the clock gone from the mantel-piece.
JOHN TOWNLEY . I am a watchman, my beat is in North-street, City-road, and Pump-row. On the Friday morning in question, between a quarter and half-past three o'clock; I heard the sound of a hackney chariot - I proceeded towards it, and saw the prisoner get out of it at the corner of the Vinegar-ground, City-road; that is about three miles from the prosecutor's house - I did not observe anybody else in the chariot; I permitted him to pass me, and noticed him well as he passed - I made an accurate observation of him, and as he turned the corner of North-street, I proceeded after him; before that, I saw Herrington, an inspector of the watch, and beckoned to him to make him notice the prisoner and the chariot; the prisoner turned the corner - I lost sight of him just while he turned the corner; I was round immediately, and pursued him instantly, and came up with him as he knocked at the door of a house - I had not lost sight of him after he turned the corner; I secured him, and took him to the watch-house - I saw him searched; I myself took from him the cruet-stand which he was carrying in his hand, wrapped in this blue handkerchief; I left it at the watch-house till we went to the office - the watch-house-keeper produced it before the Magistrate; I am confident it is the same as I took from him - I left it at the watch-house in the blue handkerchief, and it was given to me in the same state - I saw him searched by Thomas Earl, the constable of the night, who found in his pocket a fish-slice, and a broken soup-ladle; all this plate was found in some part of his person - here are several forks; on questioning him how he became possessed of them, he gave me no reply.
Prisoner. I told him my employer was in the coach.
THOMAS EARL . I was at the watch-house when the prisoner was brought in; Townley produced the cruet-stand, with the handkerchief - this is the same; I searched the prisoner, and found in his right-hand pocket fifteen silver forks - these are them - it was about half-past three o'clock in the morning when he was brought in; I searched him immediately, and left all the articles I found on him in the care of John Brown; I also found on him four silver teaspoons, two soup-ladles, and one broken soup-ladle; the plate was in his right hand coat and breeches pockets; I also found a fish-slice, doubled up, and bent in two - I did not mix any other articles with them before I left them with Brown; I also found part of a spoon, and a pair of sugar tongs on him.
Prisoner. That is all false; Brown is the man who searched me, not him. Witness. I searched him myself - the watch-house-keeper was sitting down.
Prisoner. I took the things out of my pocket myself, and gave them to him. Witness. He was busy putting his hands into his pockets himself while I was searching him, and he might pull out something; I took a key from him, which he said was his own, but the Magistrate ordered me to keep it.
JOHN BROWN . I am the watch-house keeper, and was there when Townley brought the prisoner in: I saw him searched by Earl, and saw Earl produce the articles from his person; they were all left in my care - I took an inventory of them, which I have here; this is a regular minute of them - I put down the castors, and what I saw found on him by Earl, and other property, which was brought in by Herrington from the coach.
Prisoner. That man searched me himself, and made me pull my shoes off in the watch-house. Witness. I told the officer to search him, and he did so, and took part of the plate from his pocket; the prisoner took some out himself, and put it on the table; after he was searched I got up myself, and partly searched him, to see if I could find any picklock-keys on him, but found nothing.
HENRY HERRINGTON . I am inspector of the watch. On the Friday morning in question, about half-past three o'clock, I was going down Old-street, towards the Vinegar-yard; I heard a chariot stop, and saw a person pass from the chariot towards Finsbury-square; after I got near the chariot, I saw Townley coming; I said, "Look out, and follow him:" he followed him; I went up to the chariot - I saw a person in the chariot, and said, "Is all right?" he said Yes - the prisoner was not then within hearing; I had some conversation with the person in the chariot, and went towards the watch-house, thinking all was right, and when I got about fifty yards, I heard the coachman call Stop him! a person had jumped out of the coach, and made his escape; I then ordered the coachman to drive to the watch-house; he did so - I searched the coach, and found in it a time-piece, sixteen table-spoons, two salt-spoons, one small silver fork, one tea-spoon, three picklock-keys, and one picklock: I left them in the care of Brown, at the watch-house, and am positive the goods produced are the same - I saw them, and took an inventory of them.
HENRY ANSELL . I am driver of the chariot. On Friday morning, between two and three o'clock, I was called from Oxford-street, near Argyle-street, and took up two men: I drove them to the Vinegar-yard, City-road; one of them then got out, and the other stopped in for some time; I do not remember seeing Townley, Herrington came and looked into the chariot - there was a person in then. He stopped there about ten minutes; there was a cry of"look out;" he immediately jumped out, ran away, and escaped. Herrington took this property out of my chariot; I did not see it brought into the chariot - it was not there before I was called by the persons in Oxford-street; it must have been brought in there after that.
MARY MORGAN . I am a servant at No. 3, Queen-street, Pitfield-street, Hoxton. On the Friday morning in question I picked up this handle of a cruet stand (looking at it,) and gave it to the officer; I found it four or five yards from the turnpike in the City-road, at two minutes after five o'clock.
JANE REYNOLDS . I am a servant. On this Friday morning I picked up under my mistresses window, this crow-bar, and took it in doors.
JOHN TOWNLEY . The places the witnesses found these things in are in quite a different direction from the way the prisoner went; they could not have been dropped by the prisoner.
ANTONIO NIETO . I have examined all the plate before the Justice; they are the Minister's property, and am certain they are all his plate - the value of the whole is above 40l.; the house is in Mary-le-bone parish.
Prisoner. At my last examination the young man stated that the house was broken open on the Thursday night, and on being questioned a little he said it was Friday morning: he was not in bed till after one o'clock that morning. Witness. I did say it was on Thursday night - I did not know at what time in the night it happened; I was called up early in the morning; the house was all safe over night, and I counted the plate.
EDWARD GERRARD . This is the Minister's plate; I am sure it was all safe when I went to bed on Thursday night.
Prisoner's Defence. When I was accosted by this man, he asked what I had got; I directly told him I did not know; that my employer was in the coach - he directly called out, "Look out," and another man went to the coach, spoke to the man, searched the coach and came away, letting my employer escape; he then comes to the watch-house, leaving the coach about a mile off, and said he supposed the coach was coming to the watch-house. On my return home from Battle-bridge, where I had been drinking at a public-house with a friend or two till twelve o'clock, and on going home to Molineux-street, Paddington, two gentlemen asked me to get them a coach; they asked me to go to the corner of Old Cavendish-street, to wait and look out for a coach till they came back to me - one of them returned with a bundle under his arm; he called the waterman, who opened the coach door; the coachman took the cloths off his horses, and the gentleman told him to drive him to the Vinegar-yard: he said to me,"I have no money to pay you - will you go in the coach with me?" I got in, and the other man followed me. It is very unlikely that I or any man could go to a house of that description, get in at the window, and go to where the plate was deposited, by themselves; it is evident that some men belonging to the establishment are concerned in it, and have brought me here for it - it is very unlikely that the shutters should be left unfastened unless they had some foresight of it. I was taken at a quarter-past three o'clock; the door must have been open then, and the watchman had seen it safe before that [After his Lordship had recapitulated the evidence to the Jury, the Prisoner added,] After I returned from the Friend-in-Hand public-house, a young man who had fallen out with another fought in the New-road with him - he was taken to the watch-house; two young men and I went into the watch-house and spoke for him; it was one o'clock when I left the watch-house, which was the reason I did not go home - and there is a man here to prove it - his name is Philip Webster.
PHILIP WEBSTER . I belong to the Mary-le-bone Police-office. I have known the prisoner about a year and a half; when the prisoner was in custody I was sent to make some inquiries, but know nothing except what was told me by others.
GEORGE HENSEL.
825. GEORGE HENSEL was indicted for breaking and entering the dwelling-house of Thomas Fawcett , on the 4th of February , and stealing 1 bonnet, value 1l.; 1 pair of shoes, value 5s.; 2 dresses, value 1l.; 1 gown, value 1l.; 1 pair of stockings, value 2s.; 2 shifts, value 10s.; 3 petticoats, value 10s.; 1 counterpane, value 6s., and 1 box, value 2s. , the goods of Elizabeth Walker .
ELIZABETH WALKER. I am single , and lodged in Homer-street; I moved from there to Mr. Fawcett's house, in Stafford-street , (I forget his Christian name) on Monday, the 4th of February - it is not above five minutes walk from Homer-street. I employed, the prisoner to move some furniture and different things for me, between eight and nine o'clock in the evening; and among the rest was a large chest; I gave him the chest to take to Stafford-street but did not see it there myself; I paid him for it at the lodgings in Homer-street - the chest contained different articles of wearing apparel belonging to me and my sister; the chest was found empty next morning, in a field near the house by the watchman; nothing else has been found - when I gave it him it contained a bonnet of mine, worth 1l., a pair of shoes, which had been worn but once and cost me 4s. 6d., two dresses worth 6s. each; a pair of stockings worth 1s., two shifts worth 5l., three petticoats worth 6s., one counterpane worth 6s.,; the chest was worth 2s. I went to Stafford-street soon after I paid him, and the box was gone.
LOUISA WALKER . I am the prosecutrix's sister. I saw the box after it was brought to Stafford-street; it was in our lodging there - I saw the prisoner put it off his shoulder in the room, and leave it there; I do not know how he got into the house afterwards - I locked the room daor after he left the box there, and left the key in the door - I lighted him down stairs, and shut the door after him; I did not go to the room again till my sister came; I returned with her and missed the box; I believe Fawcett's Christian name is Thomas.
ANN SMITH . I lodge at Fawcet's house; his Christian name is Thomas; neither he nor any of his family lodge in the house - it is all let out in lodgings; I recollect the evening that Walker came there; about nine o'clock that evening a man put his head in at my room door, and asked if my name was Anderson; that was not the prisoner - after that I saw the prisoner and another man in Walker's room; I went and spoke to them, as their noise disturbed my husband, who was ill: I went into the room - they were in the dark; there were two men in the room, but no light - I had a candle in my hand, and asked them who authorized them to move that chest - the prisoner was then helping it on the other man's shoulder; he (the prisoner) said the lady had made a mistake - that he was going to take that chest away and bring a bureau - he said he was the man who had moved the goods; the man who had the chest ran down stairs, saying "Come along, all is right - we will bring back the bureau," and both went down together - thanking me for lighting them down. Walker came very soon afterwards.
Prisoner. Since I have been here she has told my father she did not know what she was swearing about at the office, as her husband was in a dying state. Witness. I never saw his father; I told nobody any such thing.
PHILIP WEBSTER . I am an officer - I apprehended the prisoner on the 28th of February; I did not find the chest.
Prisoner's Defence. I was at the Yorkshire Stingo, where I get my living; I moved several things for these young women, and the last was this box; I delivered it there - the young woman went with me and saw me go out - I went to Homer-street and was paid; I went home directly, as I was expecting a place at Sir James Cochrane's; my father let me in - I went to bed, and I never had a coat on at all from that day to this; I always went in a sleeve waistcoat; when the officer brought me to the watch-house, he asked the watchman if I was the man; he said not, and told him not to come down to the office - another young woman came to the office and said I was not the man. Webster went and called after her, and said she was concerned in the robbery: another woman in the house can prove I was not there; she is not here; her name is Taylor.
ANN SMITH . I am certain the prisoner is the man who was in the room, and he said he was the person who moved the goods.
Of stealing only . - Transported for Seven Years .
JOHN POWELL.
Guilty > theft under 100s
826. JOHN POWELL was indicted for stealing, on the 24th of March , 1 coat, value 30s.; 2 pairs of trousers, value 16s.; 7 handkerchiefs, value 20s.; 1 waistcoat, value 6s; 5 gowns, value 6l.; 2 shawls, value 3l., and 1 pair of stockings, value 5s., the goods of Robert Calder , in his dwelling-house .
ROBERT CALDER. I live in Little Queen-street, Holborn . I rent this house and keep a coffee-shop there; the prisoner lodged with me. On Monday night, the 24th of March, about eight or nine o'clock at night, I examined my drawers and they were all empty; I missed the articles stated in the indictment, they were not worth above 10l.; I have never seen them since - I have reckoned the value as low as possible; some of the gowns had only been worn twice - there was three silk gowns; one had been worn three times, that cost 2l. 10s. - I do not know whether the rest were cotton, or what; the prisoner came home a little after ten that night - I suspected him; and had him taken in charge by the street-keeper; I said to the street-keeper, in his hearing, "This is the man who robbed me," he was in bed at the time; he said, he did not rob me; I persisted in the charge, and he said voluntarily, that if I did not appear against him for twelve days, nor inform his master, he would bring me back the whole of my property again; I sent him to the watch-house as soon as he was dressed - before he went away he gave the street-keeper a key, which I knew to be the key of my drawers; his master is a mathematical instrument maker.
WILLIAM SHEPPARD . I am a watchman of St. Giles'; I was called into the prosecutor's house - the prisoner was brought down stairs to me; Hedges, the street-keeper,(who is not here,) gave me a key in the prisoner's presence, saying, it was the key of the prosecutor's drawers, the prisoner did not contradict that - I have not tried it to any place; when we got to the watch-house the prisoner told the prosecutor (who did not promise, or threaten him at all) that he would restore him all his property by Saturday week, if he would forgive him.
Prisoner's Defence. When I was taken I was in great agitation, my prosecutor threatened to tell my master; I said, I would do any thing rather than he should tell master, as I was afraid of losing my character and work.
Of stealing to the value of 99s. only .
827. THOMAS JONES was indicted for stealing, on the 27th of January , at Hillingdon , 1 gelding, price 21l. , the property of John Wood .
The prisoner pleaded GUILTY - DEATH . Aged.
Recommended to Mercy by the prosecutor, understanding that his character was good - that he was in distress, and contributed to the support of his parents.
JOHN RUST, THOMAS FORD.
828. JOHN RUST and THOMAS FORD were indicted for burglariously breaking and entering the dwelling-house of John Roper , about two in the night, on the 30th of March , at Isleworth, with intent to steal therein .
ELIZABETH STEGGLES . I am servant to Mr. John Roper. On Saturday evening, the 29th of March, I remember closing the house up; I closed the kitchen window - the window was put down and the shutters shut; I am certain I put the sash down - my master is the housekeeper.
ROBERT ROPER . I am clerk to Mr. John Roper, who is a coal-merchant ; I am his cousin, and sleep in the house - I slept there on the 29th of March, and on the morning of the 30th, Mr. Roper came and called me, it was between two and three o'clock in the morning, and before day-light; I looked out of the staircase window and saw
four persons coming from the kitchen window, they were about two yards off me; I was on the second floor - it was a very moon-light night; I took no notice of the four men, they came directly under the window where I was - the two prisoners were two of them; I have no doubt of their persons, for they came within two yards of me, directly under the window - they then walked straight up the path before the window, to the garden wall; they were in the garden, which is enclosed; they climbed up the wall, seated themselves on the wall, turned round, and looked towards the house - the wall they were on is about ten yards from where I was; their faces were turned towards me - I had a full view of them; the moon was quite bright, which made it as light as day; I could see their faces plainly; I and the prosecutor pursued them; I overtook Ford about one hundred yards from the house; he tumbled down, and I took him - I found this saw in his pocket, and gave it to Mr. Roper.
Cross-examined by MR. PRENDERGAST. Q. What time was this? A. Between two and three o'clock - it was as light as day; I lost sight of them for about a minute, when they went round the end of the house, but they stood at the garden gate when I got out of the house.
COURT. Q. When he fell, were the other three before him? A. Yes, and they went on.
MR. PRENDERGAST. Q. When you looked out of window you were undressed, I suppose? A. No; I had my trousers and waistcoat on; I was putting my jacket on at the time: I lost sight of them when I went from the window to go to the door - I only had to go down six stairs, and directly went out; I had only two bolts and a lock to undo; the key was in the door; I unlocked it, and got out in a very little time.
MORRICE WELCH . I am a watchman of Brentford, which is in Isleworth parish. On Sunday morning, the 30th of March, I heard an alarm of Stop thief! three men came up to me - I tried to stop them all three; Rust then came up, and hit me on the head with this crow-bar (producing it) - I did not let him hit me more than once; I threw him on his back, and took it from him; one of the other two men hit me with a stick across the back of my head and shoulders - they escaped; I kept hold of Rust. I gave the crow-bar to Mr. Roper.
JOHN ROPER . I occupy this house, and lived in it on this night - it is in the parish of Isleworth. I went in pursuit with my cousin, and assisted in taking the two prisoners; I went to my premises after they were secured; the watchman (Welch) gave me this crow-bar - I found the sash of the kitchen window thrown up, but the shutters were shut and fastened; I observed a mark on the under part of the shutter - it was the mark of a crow-bar; the crow-bar appeared to have gone through underneath, quite at the further end of the shutter, and there was a mark on the inside ledge of the shutter - it appeared to be the mark of the crow-bar: I applied the end of the crow-bar to it - it corresponded exactly. I found some footmarks under the kitchen window. Gold gave me the stock of a centrebit. I searched Ford, and took a knife from his pocket, also a sixpence and 5d. - it was a very large clasp-knife; a penknife was also found on him. I found nothing else on the premises.
Cross-examined. Q. Has any person a right to the dwelling-house besides yourself? A. No - I carry on business there, and have no partner; I have no other Christian name. I am sure the house is in Isleworth parish. I have no lodgers; the fastenings of the shutters were not injured.
Q. All the security which would arise from the shutters was as complete in the morning as it was at night? A. Yes; the mark inside was just underneath the shutter - there was no hole made through the shutter, but the crow had been introduced underneath; the window was open - the shutters are inside ones.
COURT. Q. How far is the shutter when shut, from the glass of the window? A. I should think two inches or two inches and a half from the glass of the window.
WILLIAM GOLD . I was present when the prisoners were apprehended. I searched about Mr. Roper's garden, but found nothing there; but between the gates of Mr. Roper's wharf and the bridge there is a space of about fifty yards, and in that place I found a pencil-case and comb - the prisoners had passed that way; I gave the things to Mr. Roper.
JESSE FULLER . I am a watchman. I was present at the prisoners' examination before the Magistrate; the pencil-case and comb were produced before them; Ford said they were both his property - Rust made answer, and said the comb was his, but he had lent it to Ford. I confined the prisoners in the cage, and after that went through the garden of Gold, the last witness, and observed that his garden door and the wall were broken all to pieces; those premises join Mr. Roper's. I went to Mr. Roper's kitchen window - there was a number of footmarks about the place- I went to the cage on Sunday morning, about nine o'clock, and took off Rust's shoes, which I compared with the footmarks about the kitchen window; they fitted exactly; one shoe had an iron tip, and the other had none - they both fitted exactly.
WILLIAM GOLD . The person who found this centre-bit is not here; I found my garden wall and door broken - that was not done the night before.
MR. ROPER. This is the pencil-case and comb which Gold gave me; they were produced before the Magistrate.
RUST'S Defence. At the time I found that crow-bar I went up with this young man's brother in a barge, and on coming back picked up the crow-bar; there were two men running as we came by, and we ran too.
FORD'S Defence. I found the saw as I was walking with him, and put it into my pocket.
RUST - GUILTY. Aged 22.
FORD - GUILTY. Aged 25.
Subject to the decision of the Twelve Judges, whether the burglary was complete .
829. JOHN BAKER was indicted for stealing, on the 27th of February , at St. Leonard, Shoreditch, 1 mare, price 12l. , the property of John Haslewood .
JOHN HASLEWOOD. I live at Symson, in Buckinghamshire , and keep a little farm . On the 23d of February, about six o'clock in the morning, I saw my mare safe in my yard, which is enclosed, and on the evening of the 23d it was there; I missed it on Sunday, the 24th, and found it again on the Monday week afterwards, in the custody of Tyrrell, the officer, in Worship-street - I knew it again; I
have had it about three quarters of a year; it was a nag mare - I am certain it is mine.
Cross-examined by MR. PRENDERGAST. Q. How many miles from London do you live? A. Forty-six.
ROBERT TYRREL . I am a Bow-street patrol. I apprehended the prisoner on Wednesday, the 27th of February, in Kingsland-road; I first saw him in Hackney-road with this mare, and another man was on the top of it; I watched them both into a stable in Union-street, Kingsland-road; they looked at me and I had a suspicion of them - they went into the stable; the prisoner came out and went to a corn-chandler's in Kingsland-road, then returned, and both came out of the stable and went in the direction of the Hackney-road, into Austin-street; they kept looking after me - they turned to the right and came up into the same street they had gone down - they went towards Cock-lane; I missed them both for a minute or two - then looked, and saw the other man - I went over to the public-house to enquire if the prisoner had gone in there; I found he had not; I went to the door and saw the prisoner come out of a chandler's shop at the corner of the street the other man had gone down; he looked over at me and came over to the public-house, went in, came out again, and I asked him about the mare which he had taken into the stable; he said, "Why, it is mine. I bought it at Chesham fair, and gave 15l. for it;" I said, "Let us look at it, I doubt whether it is all right;" he went to the stables, and asked for the key; the stables were opened - we went in; he said it was his - I said he should come to the office: he came with me to Worship-street. I looked into the Hue and Cry in his presence, and saw a description of a horse, which led me to write to Mr. Haslewood, who came up and owned it; I am certain the prisoner said it was his own, and that he had bought it at Chesham fair for 15l.
Cross-examined. Q. The man you saw with the prisoner acted as owner? A. He was on the horse; the prisoner took hold of the bridle, and came to the office with me, and said it was his horse. I had not observed him meddle with it till I questioned him about it. The other man got off while I was following them, and they both went to the stable together; I did not know the other man; I am sure the prisoner said he bought the horse at Chesham fair, not at Chertsey; I am positive of that. I asked him if he knew the person he bought it of; he said that was not a question of mine - and he should answer me no more questions.
COURT. Q. Did he refer you to any other man of whom you could enquire about it? A. Not at all; he said he bought it, and gave 15l. for it.
THOMAS MILLARD . I am a plasterer and stenciller: the prisoner first came to me on Tuesday, the 26th of February; I was not in the way at that time: I was sent for and came over to my stables, and found the prisoner there: he said, "You have got a stable to let" - I said I had; I unlocked the door - he enquired the rent of it - I said 6s. a week: he said it would suit him very well if the rent was lower, and he would let me know the same evening. I saw no more of him till next morning between eleven and twelve o'clock, when he came, and a man with him, on a brown mare; the man was riding and the prisoner walking; the prisoner came to the door and said."I could not come last night, I had other business to do." I said he was in time - he said he would give me 5s. a week for the stable; I said it did not belong to me, and I must have 6s. a week for it; he then said to the man, "Bring the mare in;" it was brought in and tied up to the stall; he then said the loft was of no use to him, and perhaps I might let it for 2s. a week, which would ease the rent - I said I would stick up a bill to say it was to let - he said he would give me 2s. for my trouble if I could let it. He then said to the man,"You must get some litter and put under the horse;" I said he would find plenty of straw, which he did; he said he would give me something to drink for it; I went to the public-house with him and had a glass of liquor; we returned to the stable, and the prisoner said to the man"The young man will give you the key." I gave the man the key, and both bid me good day. I went home to dinner, and in ten minutes or a quarter of an hour I was sent for - I came down - saw Tyrrell, the officer, and the prisoner waiting at the stable door; the prisoner asked me to unlock the door; I said "Your man had a key" - he said Yes, but he was not in the way; I had a key and unlocked the door; Tyrrell and the prisoner walked in - I did not hear their conversation; in a short time Tyrrell came and told me to attend at Worship-street.
Q. Did the prisoner refer you to anybody else as the owner of the horse? A. No; he told me it was his own, and he took the stable to put his horse into.
Cross-examined. Q. Did you not hear the other man bargain to sell him the mare? A. No; I never heard of his buying it of the other man.
JOHN CLAY . I am a stable-keeper, and keep the Mail Coach, public-house, Kingsland-road. On Monday, the 25th of February, about four o'clock, the mare in question was brought to my stables; I was out, but returned about nine o'clock, and found it there; I did not see the prisoner that evening - I saw him next day; in the morning, I think, but am not certain what time of day; he came to the stable, and said, "You are the ostler, are you?" Yes, said I; he said, "Well, you have taken care of my horse very well:" I said, "I have taken as much care as I could, on account of what you ordered - you ordered him to have nothing but hay:" he said, "I am very well satisfied, and I expect a poney to come to-day, and in a day or two I may have two or three horses; and, as you have taken so much care, I will send them here;" he was alone that day, and spoke of the mare as his own - he came again next day, with another man, and said, "Ostler, I wish you would bring that mare out, for I am going to have her shod at the smith's;" I said"What smiths are you going to?" he said, "He is a crosseyed man;" I said it was Etherington; "Yes (said he), stop, don't bring her out with the bridle:" he went away, and took the mare with him - I saw nothing more of him, but in consequence of an advertisement in the Hue and Cry, I attended at Worship-street, at his third examination; I found him in custody, and saw the mare in the possession of Mr. Haslewood's brother, at the office door - I never saw it in the possession of John Haslewood or Tyrrell - the mare I saw in possession of Haslewood's brother is the same as I had in my stable, and which I had this conversation about with the prisoner - I am certain of it; I am sure of the prisoner's person.
Cross-examined. Q. Did he tell you he had bought the mare of a person? No, he did not, I am positive; my stable is in the Kingsland-road, just through the bar.
THOMAS HASLEWOOD . I am the prosecutor's brother; I know the mare - I knew her last Christmas, when I rode her into Northamptonshire; I saw Clay come by the office door, when I was holding her there - it was the mare my brother lost; Clay saw it.
Prisoner's Defence. I bought the mare at Cheshunt fair; the officer says I said I bought her at Chesham.
JOHN DAVIES.
830. JOHN DAVIES was indicted for stealing, on the 25th of March , 24 1/2 yards of gros de Naples, value 4l. 6s; 19 1/2 yards of silk, called Persian, value 1l. 11s. 6d; 2 1/2 yards of sarsnet, value 6s. 3d; 2 handkerchiefs, value 8s. 6d.; 4 yards of velvet, value 1l. 11s. 6d; 22 yards of galloon, value 1s. 10d.; 13 pairs of gloves, value 26s., and 5 1/2 yards of ribbon, value 5s. 9d. the goods of Wynn Ellis , his master.
WILLIAM HARDING.
831. WILLIAM HARDING was charged in the Coroner's inquisition only, with manslaughter .
MARY MORRIS . I am servant at the Horns public-house, Gutter-lane . Smith, the deceased, frequented the house, and was there on Saturday, the 22d of March, between six and seven o'clock, very much in liquor - he came in about half-past six, and was very disorderly; he kept abusing my mistress and her sister who were in the bar; my master was out, and had asked the prisoner to come home as early as he could to assist mistress in the house - he came between six and seven o'clock, when the deceased was abusing mistress; the prisoner cleaned himself to wait in the tap-room; Smith continued to abuse mistress and her sister till a quarter to ten, when he went into the parlour and rang the bell violently - he was intoxicated, and we would not supply him with liquor; I answered the bell - Smith was standing at the door, and two gentlemen behind him; he asked them to take something, which they refused; he then said, "I shall go and serve Curley out," (the prisoner was called by that name in the house) - he went into the passage, opened the taproom door, and dragged Curley out by the collar with both hands - the prisoner had done nothing to him; two gentlemen who had followed him from the parlour got him away, and to prevent further disturbance I pushed Smith out of doors - he asked me to give him his hat, which I did; he left the house, and in five or ten minutes returned to the bar - he continued abusing us as before; the prisoner was then in the tap-room - mistress called him out, intending to pacify the deceased, who was using words unfit for a female to hear; the prisoner came and stood in the passage outside the tap-room door, and said, "Smith, take my advice, and go home" - Smith answered, "I shall go when I like, and where I like;" he then challenged the prisoner to fight - they both went out of the house together, and when I got to the door I saw Smith rising from the ground; I laid hold of his arm, and begged of him, for Heaven's sake, to come into the house, and not fight any more - he got from me, and struck another blow at the prisoner, who then gave him a push between the shoulders and he fell.
Q. Was he behind him? A. He was coming towards him from the opposite side of the way - he was rather sideways; I went in to get a candle, and when I came out I saw him sitting on the curb on the other side of the way, but he did not appear to be hurt; Mr. Peters came and examined him - the prisoner and three others brought him into the house; he staid there all night, and master sat up with him - he died in our house about nine o'clock the next evening.
Cross-examined by MR. ADOLPHUS. Q. He was very drunk, was he not also in a very great passion? A. Yes- the prisoner and him were very great friends before, and he treated him the day before; it was time for our house to be cleared - the prisoner only pushed him to get him away from him; the prisoner is a very good natured young man.
THOMAS HUGILL . I am servant to Mr. Bligh, an oilman, who lives a few doors from this house. A few minutes after eleven o'clock I put up the shutters, and as I turned to go into the house I heard a bustle at the door of the public-house - the deceased fell three or four feet from where I stood, and his hat fell off; I thought he was pushed, but did not see how it happened - he got up and made a reel towards the door; I saw two females in the door-way - the prisoner stood with his back against the side-post, and as the deceased approached the prisoner, he (the prisoner) said, "D-n his eye," and struck one blow at him - he fell across the street with a terrible crash - it was like the falling of a tree; the parties then withdrew, and shut the door; Mr. Peters came up, and asked me who struck the man - Mr. Peters then went and knocked at the door; they did not open it readily - he insisted on its being opened, and the servant opened it.
THOMAS DAVIS . I am the street-keeper: about ten o'clock on this night I went into the public-house and shook hands with the deceased, who I knew - he was drunk, and using words before the landlady and her sister which a sober man would not use - I persuaded him to go out with me; we walked down Gutter-lane; he was about a quarter of an hour with me; I pressed him to go home to Hackney; he said "No, I think I am insulted by that monkey Curley, and will go and kick up a row." I did all I could to persuade him not to go, but he would - he went, and I left him - being an officer, I would not meddle with such things.
MR. RICHARD PETERS . I am a surgeon, and live in Gutter-lane: I was returning home about ten minutes past eleven o'clock, and about ten yards from this public-house, I heard somebody swearing; I turned round and saw the deceased fall with a very heavy fall - he was very drunk; I found he had fallen on his face: I paused a few moments, and finding he did not get up, I went and examined him; he appeared insensible; I drew his hand from under his face and felt his pulse perfectly correct; I asked the last witness who had knocked him down; I then went to the public-house and knocked at the door; they did not open it immediately, but in a very few minutes the servant and landlady came out, and rendered him every assistance in their power; they took him into the house, while I went home for my instruments, and on returning, I made a strict examination of his head, and was astonished to find there was not the least contusion or any
external appearance, except a very small bruise on the side of the eye; during my examination he vomited as if he had been drinking a great quantity of ardent spirits - he was put into the prisoner's bed and every attention paid him - the prisoner sat up all night; I saw him three times that night, and desired I might be fetched if an alteration took place; I was fetched about nine o'clock in the morning - I found him insensible, and bled him copiously; I cupped him about seven, and at half-past nine he died: I afterwards examined his body in the presence of Mr. Kingdom: on moving the scalp from the head, there was not the least appearance of a bruise between the scalp and skull - on opening the head we found a very considerable effusion, covering the whole surface of the brain, but more particularly on the right side, where there was a very considerable quantity of coagulated blood - a considerable blood vessel on the brain had given way.
Q. Might not his being in liquor and in a passion, have caused the rupture of the blood-vessel? A. Certainly - and his straining when vomiting would produce it.
JAMES McLAGAN.
832. JAMES McLAGAN was indicted for stealing, on the 5th of April , two loaves of bread, value 9d. the goods of James Shepherd .
THOMAS GIBSON . I am servant to James Shepherd, a baker , of Great Eastcheap. On the 5th of April, about ten o'clock in the morning. I was in Crooked-lane , and left my basket on the ground, about twenty yards from where I was serving a customer; I had lost bread two or three days running, and told the constable to watch; I saw him collar the prisoner, with two loaves under his arm - I am certain they are master's.
JOSIAH EVANS . I am a street-keeper; I saw the prisoner take two loaves out of Gibson's basket, and laid hold of him with them.
Fined One Shilling and Discharged.
GEORGE WELLS.
833. GEORGE WELLS was indicted for stealing, on the 28th of March , one pair of cart springs, value 2l. the goods of Henry Burton ; he (the prisoner) having be fore been convicted of felony.
HENRY BURTON. I am a carpenter , and live at York-place, Stepney. On the 5th of March I missed a pair of cart springs out of my yard, in Old-road, Ratcliffe ; they were fixed to the axletree of a cart which was under repair, and were worth 40s. at least; my yard is fenced all round, and has a large pair of gates, about ten feet high, which were locked. On the 8th of March I observed a cart coming down Long-lane at a very fast rate; I thought the springs to it were mine before I saw them, from their peculiar rattle; I followed the cart into Smithfield, where it stopped; the prisoner and two or three young lads about fourteen years old, were in it: I went and handled the cart all round; Wells then asked if I would buy it; I asked the price - he asked seven guineas and a half; I said I did not think the springs were strong enough for my purpose - he said they were strong enough for anything, for he had used them a scores of times to bring potatoes to his mother's, with 16 cwt. on them. I said, "Your cart-builders don't live far from Spitafields, and have not far to take them" - he said, "I have to take them to Limehouse-fields," which is about 300 yards from my yard. I went aside and asked a man to fetch an officer, and gave him in charge - I said, "These are my springs on that cart, and I will swear to them" - the officer asked how he came by them - he said, he was not obliged to tell - the officer said, "You must tell; or I must take you into custody." The prisoner then said,"If they are your springs you may have them" - the officer said that would not do, and took him in charge, horse, cart, and all. I examined the springs, and am certain of them - they were separated from the cart, and are here.
Cross-examined by MR. PHILLIPS. Q. Did he not say he had bought them in the market on the Friday before? A. Yes, I forgot that; the officer and him went round the market for about ten minutes, for him to point out the man - I am certain he said he had bought them on the Friday before, which was before I lost them - I missed them on the Tuesday; I used to drive four days a week, and I knew the rattle of them - I thought they were mine before I saw them; it struck me in a moment they were mine from the rattle - that induced me to look round - it did not convince me at once that they were mine; I swear to the rattle, which is caused by the hole being worn in an oblong way- that would have been prevented by putting new irons to them; they had been fresh painted when I found them - the paint was wet; my son took the dimensions of the holes on the cart, and brought it to Guildhall to match them - I did not alter the plates - the blacksmith scraped them by my son's desire; he scraped them of his own accord - my son did not desire him to do so to my knowledge; the prisoner did not hear me send for the officer.
JOHN BURTON . I am the prosecutor's son. My father has made a mistake, the springs were missed on the morning of the 26th; I locked them up in the yard myself between six and seven o'clock on the 25th - they were fastened to an axletree which laid on the ground; I went to the yard between six and seven o'clock next morning, and they were gone - I saw them on the Saturday following at Guildhall, and am certain of their being my father's; I had built the cart myself, and not being a cartwright it took me longer than usual, and I am certain of the springs; I went to the yard on the Saturday afternoon, and measured the holes of the scroll irons - they corresponded with the bolts; I have not the least doubt of them; the prisoner was a stranger.
Cross-examined. Q. Had you ever seen him near your premises? A. No; I should not know the rattle of the springs as I very seldom ride in the cart; I never remarked their jingling - I have been in the cart; they are not of an uncommon size - there were eight leaves to them, but when we found them one was taken off; the rivet was plainly to be seen, where it had been.
WILLIAM NAIRNE . I am a smith. I saw these springs in Burton's possession before the robbery, and saw them at Guildhall; I have no doubt of their being the same springs - an attempt has been made to alter them by taking one of the leaves off; I am confident they are Burton's springs - I had made an alteration in them on the Friday before they were taken.
Cross-examined. Q. Did you repair them? A. Yes, they had a defect which would cause a jingle - it would
cost about a guinea and a half to remedy that - they would then be worth about 5l.; I know them by two or three marks which are very seldom found on springs - I never saw any with such marks; I scraped them to point out where the friction of the leaf was; the prosecutor asked how I could tell about the friction - I had no conversation with him about them; they were painted over, but I should know them if there had been twenty coats of paint - I should know one part of them; I have no doubt whatever of these being the same.
JOSEPH ROME . I am an officer. I was in Smithfield on the 28th, and Burton gave the prisoner into my charge.
Cross-examined. Q. Did you walk through the market, for him to shew the person he had bought them of? A. I did - he said he had bought them on the Friday before at Smithfield-market, of a man rather stouter than himself, dressed in a velveteen jacket, and having a cut in his face; I took him several times round the market where people stand with things - he kept looking about; he made no attempt to escape - I kept close to him, but did not hold him; he said he would give up the springs.
ROBERT SHEARMAN . I am a carman. I recollect the prisoner being here ten or eleven years ago, for fowl I stealing - I have every reason to believe he is the man, but will not swear to him.
HENRY BURTON . Here is a certificate of his conviction - I cannot prove he is the man.
Prisoner's Defence. I have witnesses to prove I bought the springs.
THOMAS JONES . I keep a green-grocer's shop at Farnham-street, Limehouse-fields. I have known the prisoner about two years; he has mended carts for me twice. On the 21st of March I saw him buy a pair of springs in Smithfield-market; I went to buy a horse - my wife was with me; the man he bought them of was a remarkable man, who had a scar on his face, and wore a velveteen jacket.
MR. PHILLIPS to JOSEPH ROME. Q. Had the prisoner an opportunity of describing the dress and appearance of the man to any one before he spoke to you? A. Not while he was in custody.
THOMAS JONES . He paid 35s. for them.
COURT. Q. Did you attend before the Magistrate? A. Yes, and saw the springs in the outer room; I am not a smith; the springs he bought were exactly like these - they had seven plate; they appeared either painted or greased - they looked quite black, and by greasing an old pair they will look quite new.
JURY to WILLIAM NAIRNE . Q. What repairs did you do to them? A. I made a new scroll iron - this is the iron I made, to the best of my recollection, but I will not positively swear it, but I swear to the springs, for I noticed a particular mark on both of them; several of the knobs have holes brust aside, and one of the plates hung over the other, which is common, if they have been made a long time, but in the generality of springs the plates are all alike - these are not so.
ROBERT JENKINSON.
834. ROBERT JENKINSON was indicted for stealing, on the 5th of April , 1 handkerchief, value 2s., the goods of John Milner , from his person .
JOHN MILNER. I live in Tooley-street, Borough, and am a draper . On the 5th of April, between eleven and twelve o'clock in the day, I was in Lower Thames-street ; there was a considerable crowd caused by a stoppage of carts, and as I was passing a cart, I felt something at my pocket; I turned sharp round, and found the prisoner immediately behind me, with my handkerchief in his hand, folding it into a small compass; I secured him, sent for a constable, and gave him in charge; my handkerchief was safe in my pocket when I left home, and I went straight there.
WILLIAM HENRY BUXTON . I am a constable, and received him in charge.(Property produced and sworn to.)
Prisoner's Defence. I was going on an errand for my father - there was a crowd in Thames-street; the handkerchief was thrown quite across my arms by somebody - I took it up, and before I could speak the gentleman seized my hand, and said, "What have you got?"
MR. MILNER. It is impossible that could have occurred - he said at first that it was thrown at him; but when he found I was determined to give charge of him, he fell on his knees, begged pardon, and said he would not do it again.
JOHN HANSON.
FOURTH DAY. MONDAY, APRIL 14.
First Middlesex Jury - before Mr. Recorder.
835. JOHN HANSON was indicted for feloniously killing and slaying John Davis .
JAMES TERRILL . On the 8th of April I went to lodge in Gardener's-lane, Westminster - the prisoner lodged at the same house; the prisoner pulled off his shoes, and began to dance; a man whom they call John was there - he said that was not the right way; the prisoner then pulled off his stockings, and danced again, saying, "D - n me, nobody in the house can dance like me;" he went up and touched John in the face, with the back of his hand - it was a slight tap, not with his fist; this produced a fight - they fought very fair, and after seven rounds the prisoner offered him his hand, and said he did not wish to fight longer; the deceased wished to go on fighting, but they did not - he sat down, and the prisoner took water and bathed his temples; he behaved very well, and wished to send for some liquor for him, and appeared very sorry for it; John got worse, and was taken to the hospital - they said he was dead when he got there.
MARY CARRINGTON . My mother keeps this house in Gardener's-lane, York-street. I came down stairs, and saw them fighting; the deceased was called John Davis; they fought fair, and both seemed of an equal strength - they fell, and the prisoner was uppermost; they rose, and fought again - the deceased said he would not give in; the prisoner wanted to give in: the deceased immediately became very ill - the prisoner appeared very kind to him, and did all he could, and said he was sorry for it; the deceased was in a chair for about three quarters of an hour, and then died: his body was taken to the hospital; there appeared no ill-will on the prisoner's part - they were both about half tipsy.
THOMAS SMITH . I am a surgeon, and was at the hos
pital when the deceased was brought in; he was dead then, and on opening his body I found a fracture of one rib, and a rupture of the splenic vessels - that produced an effusion of blood, and caused his death; a fall, or any external violence would have caused that.
ALICE MOWBRAY . I was passing this house; a woman came out screaming "Oh, my husband is killed!" I went in, and saw the man in the chair, dead; the prisoner was on the stairs - he put his hand on his head, and said, "Oh, what have I done? I have killed Jack - I shall be hung."
The prisoner put in a written defence, stating that he and the deceased were intoxicated - that the deceased had insulted him, and a fight had ensued, the result of which he deeply regretted. He received a good character.
Confined One Week .
JAMES THOMAS NEWTON BAYLIS.
836. JAMES THOMAS NEWTON BAYLIS was indicted for stealing, on the 15th of March , 2 pistols, value 10l., the goods of Frederick Leonard George Schweitzer , in the dwelling-house of Richard Hall .
FREDERICK LEONARD GEORGE SCHWEITZER. I am a gun-case maker , and live at No. 9, Exeter-street; my workshop is at the top of Richard Hall's house, No. 3, in Exeter-street ; these pistols were there - I saw them safe about eleven o'clock in the morning of the 15th of March, and missed them between nine and ten at night - the prisoner was employed in the house, and occasionally worked for me; I had seen him in the workshop between twelve and one o'clock that day; I found them at Bow-street on the 17th; I am not a gun-maker, and cannot say they would fetch 5l.
Cross-examined by MR. CLARKSON. Q. Has not be a wife and large family? A. He has; he and I took this workshop between us - I had the pistols to make a case for them.
HENRY SUTTON . I am a pawnbroker. On the 15th of March, between twelve and three o'clock, the prisoner pawned these pistols with me for 2l.; I did not know him before, but have no doubt of him.
Cross-examined. Q. Do you know the date without looking at the duplicate? A. No; I am certain of his person.(Property produced and sworn to.)
GEORGE GREENING . I am a constable. I apprehended the prisoner on the 17th of March, in Catherine-street, Strand; I found one duplicate on him; I told him I took him for stealing the pistols; he said, "If he gets them back again, I suppose it will be all right?" I said I could not answer him, but what he said to me I must give in evidence - he said nothing more.
Cross-examined. Q. Are you certain of what he said? A. Yes - those were his words.
Prisoner's Defence. On Monday, when I was taken into custody, I was going to Bow-street to get a warrant to take my prosecutor up; I saw him going into a public-house, and thinking he was looking after me I followed him in, and he gave me in charge; the officer said he had lost his pistols - I said, "I suppose if he has lost any, and finds them, it will be all right." I have seen his pistols laying about very carelessly. Each of the witnesses are perjured.
ISAAC COOK . I am an upholdster, and live in Charlotte-street, Blackfriars. The prisoner called at my house on the 15th of March, between one and two o'clock, as near as I can recollect; he was there about ten minutes, and called again in a quarter of an hour, and remained five minutes - I did not look at the clock, but only guess the time.
Of stealing to the value of 99s. only . - Recommended to Mercy by the Prosecutor. - Confined One Month .
BARNET BENJAMIN, SAMUEL BENJAMIN.
837. BARNET BENJAMIN and SAMUEL BENJAMIN were indicted for stealing on the 26th of March , one 10l. Bank-note the property of George Wheeler , in his dwelling-house .
GEORGE WHEELER. I am a medical man , and live in Orme-square, Bayswater . On the 26th of 27th of March, 1827, in the morning, this note was in the drawer of a small desk in my surgery - the key was in the desk; I was called out to see a patient; I returned in fifteen or twenty minutes and it was gone: I did not know the number; it was paid me for a draft drawn on Sir James Esdaile's, by Mr. Mori. I saw it again at Worship-street about the 10th of March last; I have no knowledge of the prisoner. My surgery door is generally open; I was called out in a hurry and left nobody there - that was the only note there.
Cross-examined by MR. ADOLPHUS. Q. At what time did you go out? A. Between ten and eleven o'clock; the surgery door is in the hall, and the window looks into a front garden, which is about three yards from the street; I do not usually keep money in that drawer - a person must come through the hall to get to the surgery; that is easily done. I think the elder prisoner's face is familiar to me, but I will not say I have seen him about the house.
COURT. Q. Does the hall door open into the street? A. To the garden, the gate of which is always open - it is an open surgery where medicines are sometimes retailed.
FREDERICK CLARK . I am in the employ of Mr. Wheeler. I took a draft for 11l. 9s. 9d. to Messrs. Esdaile's - I received a 10l. note, and the rest in silver: I delivered th same note to Mr. Wheeler: I do not recollect the date.
NICHOLAS MORI . - I gave my young man a draft of 11l. 9s. 9d. on Messrs. Esdaile's, and he paid it to Mr. Wheeler; I do not keep cash there.
JOHN CHARLES GRAY . I am a clerk at Sir James Esdaile's. I changed a draft of 11l. 9s. 9d., and paid a 10l. note for it - it was No. 12,638, dated the 7th of February, but I have not entered the year; I saw a note at Worship-street with the corresponding number and date.
Cross-examined. Q. You do not know whose cheque it was? A. Yes; it was drawn on account of the Chester Bank; I know the Bank issue notes of the same number and value, but never of the same date.
COURT. Q. But do not they issue notes of the same value and date of the month, though not in the same year? A. I cannot answer that, I only know the note by the number.
MR. WHEELER. I made no mark on the note; I sent to Messrs. Esdaile's, and they sent me the date of the year.
JOHN CHARLES GREY . I did not send Mr. Wheeler the particulars of the note.
JOHN VANN. I apprehended both the prisoners; I searched the house of Barnet Benjamin, and found this 10l. note in a pipkin, in a closet with other money.
838. BARNET BENJAMIN was again indicted for stealing, on the 5th of February , 1 brooch, value 24s; 1 tea caddy ladle, value 7s., and 1 nutmeg-grater, value 10s. , the goods of John Pratt .
JOHN PRATT. I live at Newington-causeway , and am a silversmith . On the morning of the 5th of February my shop was broken open, and these things stolen out - I do not remember having seen them since the latter end of November: on the 19th of March I saw the brooch and nutmeg-grater in the possession of Vann; I never saw the prisoner about my shop.
Cross-examined by MR. ADOLPHUS? Q. Were not a great many other things stolen at the same time? A. Yes, upwards of 100l. worth; only I and my wife serve in the shop - she does not enter down what she sells; she might sell them, and forget to account for them.
COURT. Q. Then you cannot say these articles were stolen when your shop was broken open? A. I only know we had such articles; but cannot say they were in the shop at that time.
839. JOHN DAVIS was indicted for stealing, on the 26th of March , 12 combs, value 5l., the goods of William Broxup , in his dwelling-house .
WILLIAM BROXUP. I am a perfumer , and live in Sloane-street, Chelsea . On the 24th of March, about six o'clock in the evening, the prisoner was stopped with these combs, which had been in a glass case in my shop that afternoon; he was a stranger to me; the twelve combs were worth 7l. - the case was not locked.
Cross-examined by MR. PHILLIPS. Q. They were not all found on him? A. No; they were different sizes.
MARGARET JONES . My husband is a gentleman's butler; I live at Mr. Broxup's. On the 26th of March I was at tea in the room behind the shop; about six o'clock in the evening I heard a noise in the shop; I opened the room door and went into the shop - I saw two persons standing there, one (taller than the prisoner) apparently reaching over the counter - the prisoner who was the other was standing behind him; they could get the combs out of the glass case by reaching over the counter. I went round the counter, and saw the glass case was disturbed; the tall man asked me for something - I paid no attention to that but said to him, "Where is the other man gone? what is he gone for?" (the prisoner had then gone out) - the other man said "What's the matter? Have you lost any thing?" I missed some combs; he picked up his hat immediately, and said he would go after the man - but he took a contrary direction. I went out and caught sight of the prisoner about fifty yards off - secured him myself and brought him back; one comb was found in his pocket and two in his hat.
Cross-examined by MR. PHILLIPS. Q. Did you notice the prisoner when in the shop, so as to know him; A. Quite so.
WILLIAM WOODBERRY . I am a constable. The prisoner was brought to Queen-square Office, with three combs; I found a 5s. piece on him; also a farthing gilded to imitate a sovereign, and two new handkerchiefs,(Property produced and sworn to.)
Prisoner's Defence. A young man ran out of the shop against me, and dropped the combs; I picked them up - nobody owned them, and I put them into my pocket: when the lady came and said she had lost them - I said,"Here they are," and gave them to her.
JOHN PORTER.
840. JOHN PORTER , was charged, on the Coroner's Inquisition only, with killing and slaying David Simpson .
Messrs. AUGUSTUS WALFORD and CHARLES DEVONSHIRE , Surgeons, who had attended the deceased, deposed that his death was occasioned entirely by disease; and not from any external violence. The other witnesses were not examined.
JOHN LOBB.
841. JOHN LOBB , was indicted for feloniously breaking and entering the dwelling-house of Margaret Powell , spinster , on the 2d of March , at Fulham, and stealing therein 2 watches, value 30s.; 3 rings, value 2l.; 5 spoons, value 4s.; 18 sovereigns, and 3 half sovereigns , her property.
MARGARET POWELL. I am single , and live in Hampshire-hog-lane, Hammersmith, in the parish of Fulham - I rent the house; on Lord's day, the 2d of March. I went out at a few minutes before three o'clock in the afternoon, to go to Divine service - I left nobody in the house - the house was all properly secured, the window sash was fastened down with a catch and a screw, the glass was all whole, the doors all fastened, and the gate locked. I returned in about an hour, and as I came back was told my house was broken open - I had left every thing safe in it when I went to chapel - on returning I found the window sash thrown up which I had left secure - I found the flap of the bureau, which was in the parlour, turned down, the drawers all open, and the papers and memorandums in great confusion - I had left it locked - it appeared to have been forced with a chisel or something - I had left no money there; I went up into my bed-room on the first floor, and found a chest of drawers broken open - there was the mark of a chisel on them, a small bit of mahogany was cut out: I missed from there a small dark-coloured trunk, containing two purses; there were thirteen sovereigns and three half-sovereigns in one purse, and in the other I believe five sovereigns - I am certain there were sovereigns in both of them - I have a memorandum of my money which I made before this happened - I had spent none of it - there was in all nineteen sovereigns and a half together; the purse which had contained the most sovereigns was left behind in the house: I also lost four small silver tea spoons and one rather larger; they were in the drawer with the trunk - I had left the drawer locked: I found all my drawers open - I also missed two watches, one all silver, and the other an old silver one in a shagreen case. I lost three gold rings, two of them mourning rings, and one large gold ring with the name of Forrest on it, that had been my uncle's. I saw my property next day and knew it; the prisoner was then in custody. I lost some
silver coins, a crown piece, and several half-crowns, and one half-crown of the date of 1746, which was a keepsake from my father; I saw that half-crown next day at the Petty Sessions: I also lost a small bit of silver with a ribbon fastened to it: I saw that also at the Sessions.
Cross-examined by Mr. CLARKSON. Q. Have you any other Christian name? A. No. My house is in Fulham parish, in the hamlet of Hammersmith; I pay parish rates for it.
Q. I believe you have enquired about the prisoner as to whether he was in distress at this time? A. He made a very poor figure the day he was taken.
Q. I am told you do not wish to hurt him? A. I want Justice, and the law of God and the country to take place. I had not opened my trunk that day, but I swear it was locked up in the drawer. I cannot say whether I had been to the trunk that week, but the last time I went to it there were twenty sovereigns; I took half a sovereign, and crossed out the twenty on this paper, and put down nineteen and a half. I think that was less than a month before; the other things were in the drawer; I was at the drawer that morning and locked it.
HENRY KING . I live in the house adjoining the prosecutrix; I live with my father, James King . On Sunday, the 2d of March, I left my father's house with a young man, to take a walk, and as I went out I saw Mrs. Powell and her neice coming out of their gate: I parted with the young man afterwards, and was coming home alone in about an hour; I saw the sash up, and a pane of glass broken, which was not the case before; I went into my father's house; my father sat reading a book - I told him- we came out, and rang the bell at the prosecutrix's gate - it is a low wooden gate, but not very easy to get over; we rang a second time, and then the prisoner came out with his hat in his hand, and said, "The ladies are not at home this afternoon;" he came out, and came to the gate; my father said, "You are a thief, and a d - d thief!" and went to stop him, but he knocked my father down. Nobody lives in the house besides the prosecutrix and her neice. I never saw the prisoner before - he ran off, and I after him; he ran through the foundry - I kept him in sight, but lost sight of him for about a moment, and am quite sure I caught sight of the same person; my father followed him part of the way - there was nobody running but the prisoner and us two; he turned round the foundry, and went down a lane, and just before I got to him he threw down a watch and a purse, with some sovereigns in it - he flung them round, and I being so close to him he struck me on the nose with his arm, as he flung them away - I caught him within a few paces, leaving the watch and sovereigns on the ground; I secured him, and afterwards saw them picked up by Barton. I saw him searched, and some sovereigns, a crown-piece, some half-crowns, and a great quantity of picklock-keys found on him; a silver watch was also found on him; the prosecutrix claimed every thing but the picklock-keys; the prisoner gave no account of himself.
Cross-examined. Q. The blow on the nose did not hurt you? A. No: I cannot say that he meant to strike me - I lost sight of him just for a moment; I was not five minutes in pursuit of him.
Q. Did the person who went out with you see the state of the prosecutrix's house? A. Not to my knowledge; we disagreed on the road; I left him, and came home; that was before I had seen the house.
JAMES KING . I am the last witness's father - we live next door to the prosecutrix. In consequence of what my son said I came out, and saw the prosecutrix's sash up, and a pane of glass broken; I then rang at the bell twice, and the second time the prisoner came out to the door, which opened very gently; he put his hand to his hat, and said either the old lady, or, the ladies were not at home; only the prosecutrix and her neice live in the house. As he advanced to me I looked him very hard in the face, and said, "You are a thief!" and believe I said, "A d - d thief!" I had the gate in my hand - he was pulling the gate to come out, and as he came out I made a catch at him; he up with his fist, knocked me down, and ran away - as soon as I got up I followed him part of the way; I afterwards saw him in my son's custody, and am confident he is the man who knocked me down.
Cross-examined. Q. You were not much hurt? A. I cannot grumble about that.
GEORGE BARTON . I live with my brother, who is a publican at Hammersmith, within two hundred yards of Mrs. Powell's - I was standing with a friend right opposite the foundry, and saw the prisoner and young King running up the foundry; I thought they were larking; when they got into the road the prisoner paused, and then took a direction for Turnham-green; I followed, and saw him fling the watch and purse down; I picked them up afterwards, and delivered them to the constable; I saw King secure him - I was within three paces of him: I saw him searched King's account is correct about what was found - he gave no account of himself.
Cross-examined. Q. Is Hammersmith a parish? A. I believe it is a hamlet, and belongs to Fulham; I have been there twelve months.
DAVID DAVY . I am a constable. I was sent for, and took charge of the prisoner; I searched and found on him thirteen sovereigns, and three half-sovereigns, loose, five tea-spoons, 35s. in different pieces of silver. one silver token, and a silver watch; Barton gave me another watch, and 5 sovereigns, with a purse; some of the sovereigns were out of the purse, and some in; I found on him a great number of picklock-keys, and three rings: Mrs. Powell claimed all the property next day, or the same day; there was a little brass box with two farthings at each end. I found the trunk at the house broken open; the prisoner gave no account of himself.
Cross-examined. Q. Do you know where the house is? A. In Hog-lane, in the hamlet of Hammersmith, near the Hampshire Hog public-house; the lane leads towards the river; no part of Hammersmith is appartmant to Kensington - no part of the lane is in Chiswick parish. I am a parishioner; the hamlet is in the parish of Fulham. Mrs. Powell's niece claimed some of the things.
WILLIAM FELTS . I am a constable of Hammersmith, and assisted in taking the prisoner in charge; I saw the things found on him.
MARGARET POWELL re-examined. I have seen all the things; both the watches are mine; the gold corresponds with what I lost; the purse and all the property is mine.
Cross-examined. Q. Are they all yours? A. They
were stolen out of my house - my neice was before the Magistrate, and swore to a watch, but it was mine before it was hers; I gave it to her; I have got back every thing that I lost.
DAVID DAVEY . These are thirty-two picklock-keys, and I found a large screw-driver in the house; it corresponds with the marks in the drawer.
WILLIAM BLAKE, JOHN JAMES.
842. WILLIAM BLAKE and JOHN JAMES were indicted for stealing, on the 11th of April , 1 handkerchief, value 5s., the goods of Robert Smith , Esq. , from his person .
ROBERT SMITH, Esq. I live in Brompton-row, Knights-bridge. On the 11th of April, about three o'clock in the afternoon, I was in St. James'-street - I felt a pull at my coat-pocket: I turned round, and saw the two prisoners with another young lad close behind me - I caught hold of Blake, and saw him pass my handkerchief to James; I let go of him, and seized James, who immediately dropped it on the ground - it was picked up, and they were both secured; my brother was with me.
EDWARD BOOTHMAN . I am a constable; the prisoners and handkerchief were given into my charge.(Property produced and sworn to.)
JAMES' Defence. The handkerchief was put under my arm; I did not know this boy - I was walking along; it dropped, and the gentleman took me.
BLAKE - GUILTY . Aged 12.
JAMES - GUILTY . Aged 16.
KEZIAH HANSON.
843. KEZIAH HANSON was indicted for bigamy .
MR. BODKIN conducted the prosecution.
GEORGE SHELLY . I am parish-clerk of St. Mary, Whitechapel; I produce a certificate of the marriage of Rowland Hanson , to Keziah Gladwin, on the 6th of May, 1823; I witnessed the marriage, and attested the certificate, and saw the parties sign the register - I cannot speak to the prisoner's person.
JAMES HANSON . I am the father of Rowland Hanson; I was not present at his marriage, it was unknown to me - I heard of it about a month afterwards; they lived together before they were married - the prisoner is the woman who passed as his wife afterwards; she went by the name of Gladwin before, and afterwards, by his name; I have often heard her say, she was married to my son.
MARY GLADWIN . I am married to the prisoner's brother; I have known her sixteen or seventeen years - she went by the name of Gladwin, when I first knew her - I was not at her marriage; I saw her about a month afterwards; she then went by the name of Hanson, and passed as his wife - he is now alive, and in Court.
FRANCES OWEN . I was present at the prisoner's marriage to George Kempson , at Bromley-church, Middlesex , on the 14th of January last; I knew her before by the name of Hanson - I did not know she was married before, she had lived twenty months with me - she had a small maintenance, and went out charing; Kempson is a working-man.
JAMES HANSON. I got this certificate of the prisoner's second marriage from Bromley-church, and saw it compared with the register; (read) the prisoner was here described as a spinster.
ELIZA DOWSETT . I was at Bromley-church; the prisoner is the woman who married George Kempson.
GEORGE WILSON . I am an officer. The parish-officers of Ratcliff applied for a warrant against Hanson for not maintaining his wife; he was ordered to allow her 5s. or 7s. a week.
The prisoner put in a written defence, stating that her first husband was cohabiting with another woman, named Green. (who kept a house of ill-fame,) and refused to maintain her; that she had married again in order to procure support, and that the prosecution was brought forward by his father.
JAMES HANSON re-examined. It is not my prosecution, it is my son's; he lodges in Whitechapel - I know nothing of a woman named Green; I believe I saw her once - I do not know her to keep a bad house; I cannot say where my son sleeps - he never told me.
ELIZABETH CARTER . My husband is a farrier: Hanson the prisoner's husband came to our house, and said, he wished she would get married to another man. he would give her leave to get married: I know he used her most cruelly - he gave her a black eye; I was obliged to take her into my house - he has been a great rogue to her.
CHRISTOPHER HILLARD, JEREMIAH COOLEY.
844. CHRISTOPHER HILLARD and JEREMIAH COOLEY were indicted for stealing, on the 8th of March , 1 handkerchief, value 2s., the goods of a certain man whose name is unknown, from his person .
BENJAMIN EMMERSON . I am a Bow-street patrol. On the 8th of March, about half past eleven o'clock in the morning. I saw the prisoners in the Park as the guard was being releaved - they were together, and attempted several gentlemens' pockets - a gentleman passed along, they attempted his pocket several times and when he got to the gate, Hillard thrust his hand into his pocket; took the handkerchief, and gave it to Cooley. who put it into his breeches - I seized them both; the gentleman claimed the handkerchief, and I thought he was following me, but there was a crowd; I thought they would rescue them, and I took them to the guard-house - the gentleman did not come forward; I have not seen him since; I do not know his name; it was marked, "C. R. R."
THOMAS GOOK . I was on the other side the guards, and saw the prisoners accompanied by two more: I saw Hillard draw a handkerchief out, and give it to Cooley, who put it into his breeches; we secured them both - I did not know the gentleman.
COOLEY'S Defence. I picked it up.
HILLARD'S Defence. The gentleman did not belong to the handkerchief.
HILLARD - GUILTY . Aged 16.
COOLEY - GUILTY . Aged 15.
845. BENJAMIN SOLOMON was indicted for stealing, on the 24 of March , 1 handkerchief, value 2s. 6d., the goods of James Greenaway , from his person .
JAMES ISAACS . I am a saddler, and live on Saffron-hill. I know James Greenaway - he has met with an accident since this happened, and is in the hospital. On the 2d of March, about eleven o'clock in the morning, I saw him at the end of Cable-street, Whitechapel ; I saw the prisoner, with another boy close behind him - he was about the prisoner's age, but not so tall. I saw the prisoner put his hand into Greenaway's pocket, and draw a handkerchief out - I was close to him: I turned round, and told Vincent, the constable, who was near - he was not out of my sight; I seized him directly, and the handkerchief was found under his jacket - the other got through the mob, and escaped; I should know him again, if I saw him - it happened at the ruins of the Brunswick Theatre.
Cross-examined by MR. RYLAND. Q. What were you doing there? A. I went to see the ruins. I saw the prisoner close behind the prosecutor, and directed my attention to him - he was close to the prosecutor.
Q. How then could you see the hand in the pocket? A. I did not see it till he had the handkerchief in his hand - he took it from the pocket; he did not stoop, and could not have picked it: off the ground, for I kept my eye on him: I had seen him attempt several pockets, and had followed him for five minutes or more. The last work I had to do, was for Mr. Colyer. Greenaway swore at Lambeth-street, that his name was James.
THOMAS VINCENT . I am a constable. I and Isaacs went together, to see the ruins; I saw the prisoner try several pockets, and told Isaacs to keep his eye on him: he told me soon after, that he had picked a pocket - I immediately secured him, and took this handkerchief from his pocket, which Greenaway claimed.
Prisoner's Defence. I was coming from my aunt's, and saw this handkerchief on the ground - I took it up, and put it into my pocket.
WILLIAM DUNN.
846. WILLIAM DUNN was indicted for stealing, on the 2d of March , 1 shilling, and 4 sixpences , the monies of John Black .
JOHN BLACK. I am a baker , and live in Charlotte street, Rathbone-place . On Sunday, the 2d of March, the prisoner's master (who is my son-in-law) came to see me, and brought the prisoner with him - his master is captain of a ship; we had several times found the till open on Monday mornings. I counted the money in the till, a few minutes before two o'clock, and then left it locked - when I returned from chapel, at night, I found the till open: the prisoner had been left at home - I had left there thirteen sixpences, a shilling, and a quantity of copper. I had put the copper in a row, so that I could tell if it was disturbed - I missed four sixpences and a shilling. I called the prisoner from the kitchen, and asked if he had any money about him; he denied it, but four sixpences were found in his waistcoat pocket, and fivepence in his trousers: we stripped him, but could not find the shilling; he at last said, voluntarily, that he had changed it in Tottenham-court-road, and bought a Times Sunday Paper, which we found on him, and had spent the change in nuts and oranges,
JOHN PETERS.
Second London Jury - before Mr. Sergeant Arabin.
847. JOHN PETERS was indicted for feloniously receiving, on the 10th of March , from a certain evil disposed person, 26 gross of braid, each gross containing 144 yards, value 13l.; 100 gross of worsted braid, each gross containing 144 yards, value 13l.; 15 gross of cotton braid, each gross containing 144 yards, value 3l.; 144 laces, value 3l., and 2 wooden boxes, value 12s., the goods of Henry Marshall , which had been feloniously stolen, he well-knowing them to have been stolen .
MR. CLARKSON conducted the prosecution.
HENRY MARSHALL. I am a wholesale dealer in braids and laces , and live in Silver-street, Wood-street. On Monday, the 10th of March, I and my boy Liddell, went round the west end of the town to procure orders - Liddell carried two boxes for me; I came home alone, leaving him to bring the boxes, which contained laces, silk, and worsted braids of different colours; the property stated in the indictment was in the boxes; he came home about half an hour after me without the boxes - I went to St. Sepulchre's church with him, but could find nobody; the contents of the boxes were worth 40l.; in consequence of information I went on Wednesday to the house of Venables, in Highstreet, Whitechapel - I went there again on Thursday with Gardner, the constable; Venables then produced some property to me, from which I selected as mine nine gross and a half of silk braid, four gross and three quarters of nine-bobbin, five gross of thirteen-bobbin, a quarter of a gross of twenty-one-bobbin, and a gross of twentynine-bobbin, which were worth about 10l.; before we went to Venables that morning I went with Gardner and found the prisoner at the house of a man named Nichols, in Maiden-lane; Gardner asked if he knew me - he said he did; he asked if he knew I had lost any goods, and I think he said he had not heard of it; he had two boxes with him - Gardner asked what he had in them - he said braid; Gardner asked to see it - he opened his boxes, and I selected sixteen gross of worsted Russia braid, worth 24s., which I can swear is mine; Gardner said he wished to go home with him and search his place - he said he had several houses to call at, and could not conveniently go then; Gardner said he would go with him, or they could have a coach; he said he did not wish to have a coach - he ultimately agreed to go with us to his house, and when we were in Wood-street, he said it was a pity it could not be settled without going to a Magistrate, and all he could say was, that if any of my goods were among them I might have them; Gardner replied, that would not do for him, he must take him before a Magistrate; we proceeded as far as Shoreditch - Gardner then put him into the watchhouse, and we went to his house, No. 82, Sebright-street. Bethnal-green-road; he is a braid manufacturer: I selected from his goods there, eight gross of fine worsted nine-bobbin, four gross of thirteen-bobbin, twenty-two gross of common nine bobbin, and thirteen gross of fine nine-bobbin braid, which is worth about 15l., and which I can swear to; we then went to Venables, and found the pro
perty I named; I am certain the goods are mine, and part of what I lost on the Monday night.
Cross-examined by MR. ALLEY. Q. You are an extensive manufacturer? A. No - perhaps two or three hundred gross a week pass through my hands; the prisoner is a manufacturer - I cannot say whether his manufactory is in Middlesex or not; I have not indicted him for stealing it - he was admitted to bail at Bow-street; I think that was after a little conversation passed - I cannot say whether the Magistrate did it of his own accord; I found about thirtythree gross at the prisoner's house - he was not charged with stealing the property at Bow-street; the boy was asked if he was the man; but he knew the prisoner before he went there, and said he was not.
MR. CLARKSON. Q. What sort of braid does the prisoner make? A. The same as I sell - both worsted and silk.
ROBERT DANIEL LIDDELL . I am in Mr. Marshall's employ. On the 10th of March he left me to bring these boxes home, and when I got opposite St. Sepulchre's church I was looking at a play bill, a man in a white great coat came up, tapped me on the shoulder, and said I was wanted - he pointed to a man in the porch of St. Sepulchre's church; the man in the porch asked me to fetch a coach - I hesitated, and he said he would give me 1s., and would mind my boxes; I put my boxes into the porch, and went to the corner of the Old Bailey and called a coach - I ran before the coach, and when I got to the church the man and boxes were gone; the prisoner is not that man - I went home and told my master.
Cross-examined by MR. ADOLPHUS. Q. How long have you been a servant in the braid business? A. About eight months - I know nothing of the manufacture; I know poor makers go round to the shops to sell it - I am certain I did not see the prisoner near the church for I knew him before this happened.
THOMAS VENABLES . I am a mercer and haberdasher, and live at No. 100, Whitechapel. On the 10th or 11th of March, I bought nineteen gross and a quarter of silk braid of the prisoner, which I have given up to the prosecutor - that produced is the same; I gave him 7l. 14s. 6d. for it; I bought no more except a dozen laces, which I sold for 3s.
Cross-examined by MR. ALLEY. Q. Have you known the prisoner a long time as a respectable dealer and manufacturer? A. Yes; he dealt in these articles to a considerable extent - it is common for tradesmen, under a temporary difficulty, to carry about goods for sale; I gave him a greater price at times than I should have given to a wholesale house in the City - he employs about twenty men; I never heard his honesty impeached - the goods I bought of him I mixed with about 40 lbs. of the same colour, and very likely what were made by the same person; I have dealt with him two years, and gave him a fair price.
MR. CLARKSON. Q. As a dealer do you mean to say you gave a fair price for those articles - do you believe they were manufactured for that money? A. I cannot exactly say that.
- GARDNER. I am a Bow-street officer. I was with Smith, another officer; Mr. Marshall was with me in Maiden-lane, and met the prisoner; a boy, who was with him, had two boxes; I asked the prisoner if he had been out and offered any silk braid for sale the day before; he said No, he had not been out all that week; I told him I understood he had, and asked if he objected to my searching his house; he said it was very inconvenient, as he had to go to three or four places: I said we would go in a coach, and I would not delay him longer than necessary: I asked if he knew the prosecutor, who stood on the opposite side he said he did: I said he had goods in those boxes; he said Yes; I asked him to let Mr. Marshall look at them - he did so, and as soon as the boxes were opened, Mr. Marshall claimed a handful of things, and said he was positive about them; I then told the prisoner he must go with me. for I must search his house, and in Wood-street he said,"Well, I don't know, if there is any of your property, you must have it, I suppose; I don't know anything about it:" I said No, he must go before a Magistrate; I asked how he came possessed of it: he said he bought it a bargain: I asked of whom: he said he could not tell: I asked what he gave for it; he said he did not know, he bought it a bargain - I put that question to him more than once: he said,"It is a pity it cannot be settled without going before a Magistrate;" I said it could not, and locked him up in the watch-house; I asked him there if he made any memorandum relative to this transaction; he said No, he kept no books: Smith searched him in my presence, and took from him a pocket-book, which I opened, and took out of it one of his printed bills of parcels; (read) "Bought of J. Peters, silk, cotton, and worsted manufacturer, No. 82, Sebright-street." I then went to his house, and in the first floor back room found a lot of braid; Mr. Marshall selected what belonged to him; I went to Venables, and got some silk braid from him; I then went to the watch-house, and asked the prisoner if he recollected who he bought the property of, as he stood in a very serious situation, and I had found more at his house; he said No, he could not recollect: I asked him the same question in the coach; he said he was not bound to answer that question; I said I did not want him to hurt himself - I produce the braid.
JURY. Q. On what grounds did you suspect the prisoner? A. From information I had received the night before - I did not know him before.
Cross-examined by MR. ADOLPHUS. Q. Have you brought the rest of the goods which were in the boxes? - A. No; I have brought what he selected - there was a great quantity of other goods of the same description; I asked the prosecutor if he could he positive to them.
Q. Did they not appear to you as much like each other as water taken out of the same river? A. Certainly so - this is but a small quantity compared to what was in the box; if I had been stopped with property I think I should have told who I bought it of - he seemed in a very large way of business; he had sixteen or eighteen boys at work.
JURY. Q. Was the information you received, from Mr. Marshall? A. It was: I received it on Wednesday afternoon, about four o'clock.
MR. ADOLPHUS. Q. The prisoner was not present when Marshall selected the goods? A. No; I requested his foreman to see what we took away; Sir Richard Birnie admitted the prisoner to bail.
RICHARD SMITH . I was with Gardner, his account is correct.
MR. ALLEY. We will admit that the property is the prosecutor's.
Prisoner's Defence. I have evidence to prove I purchased the goods on Tuesday, the 11th of March - it is he common practice for small manufacturers to sell to larger ones: I gave the full value for them.
HENRY GREEN . I am a braid manufacturer, and know the prisoner; he employs a good many people, and bore a respectable character. On the afternoon of Tuesday, the 11th of March, I was on his premises, when a person came to sell him some braid. I cannot name the quantity - he gave 12l. for it, which I considered a fair price; for it was a very unsaleable commodity. Kendal was present - there was no concealment about it; he asked my opinion about it - it is very common for small manufacturers to go round, and sell to larger ones - it appeared to me a transaction of that nature.
MR. CRESSWELL. Q. Does the prisoner keep a shop? A. No: I cannot say whether he could make the goods for the price he gave.
MR. ADOLPHUS. Q. Is it common, when the season is gone, for goods to be sold for less than they are made? A. It is; I have frequently done it myself. The prisoner keeps a warehouse.
JOHN KENDAL . I am a tailor, and was at the prisoner's house, on the 11th of March, when a man came to sell him some braid - it was done openly; there was no appearance of it being a dishonest transaction.
ISAAC INSON.
Jury of Half Foreigners.
848. ISAAC INSON, alias HYAMS, alias ISAACS was indicted for stealing, on the 11th of March , 3 pieces of handkerchiefs, containing 14 handkerchiefs, value 30s. , the goods of William Tate .
JAMES HUTCHINSON WAUGH . I am warehouseman to Mr. William Tate. On the 11th of March, the prisoner and another person came to the warehouse - the prisoner acted as interpreter to the other man, and spoke English - they represented themselves as German merchants, purchasing goods in this country, and requested to look at different goods, which I shewed them: they looked at lace, and different goods, but the only article they particularly looked at, was Bandanna handkerchiefs, of which we have a large stock; they offered me 11s. 6d. a piece for 1000 pieces, and represented that the other person had bought goods of us, eight years before - but we had no recollection of him: they looked at two or three hundred pieces - and then stated, that they would call next day, and give final instructions respecting them: they bought nothing - they were going away, but from their appearance and behaviour, I suspected them. As you go out of our door, there is about two yards before you can get to the steps leading to the court-yard. I got between them at the top of the steps, and said "At what hour, to-morrow, shall I expect you, gentlemen?" I looked the prisoner full in the face, he evidently flinched, and wished to pass me. I noticed there was some bulk under his arm; on looking him full in the face, I saw there was something wrong, and on opening his coat I found these three pieces of goods under his arm - he held up his hands and begged for mercy. I called the porter to collar him; he did so - I took them from under his arm; he struggled, and got half-way down the steps; I threw down the goods to assist the porter, and during the scuffle, the other man escaped.
Cross-examined by MR. CRESSWELL. Q. Did you see the prisoner when he came in? A. Yes; his coat was a large loose one - our goods have the manufacturer's mark on them, but no private mark; he could not have had them in that place when he came in, for he was very active in unpacking a box himself, and his coat was open - he had them concealed under his arm, supported by his arm; and he used his arms to unpack the box.
COURT. Q. Have you any doubt of the property? A. None whatever. While the officer had him in charge, we counted our goods, and missed three pieces: these made up the deficiency - he fell on his knees and begged for mercy; he spoke English very well.(Property produced and sworn to.)
The prisoner, who representing that he could not speak English, stated, through the medium of an interpreter, that he had met the other man in the street, who persuaded him to accompany him to the warehouse - that all the English he could speak was to ask and offer a price; that the other man told him he had bought three pieces, and paid for them, and told him to take them and go out, as he had something private to say to the gentleman.
JAMES HUTCHINSON WAUGH. No money was tendered, and if there had been, the prisoner must have seen it.
THOMAS GOODHALL.
849. THOMAS GOODHALL was indicted for stealing, on the 20th of March , 6lbs. of thread, value 10s. , the goods of Henry William Dimsdale .
JOHN BURNHAM . I am in the employ of Henry William Dimsdale, who is a warehouseman . On the 20th of March, in the morning, the prisoner came to the warehouse, and purchased a gross of laces, for which he tendered half-a-sovereign. I went into the counting-house to make the entry in the cash-book, and get him change, which I brought him out, and he went away. I went to the desk to enter the transaction in the ready-money book, and Dixon came down, and said, "That fellow has got half-a-dozen of thread in his bag." I went out, found him in the street, and brought him back. I desired him to turn out his goods; he pulled out various parcels from his bag, then took out this 6 lbs. of thread, and handed it to me. Mr. Dimsdale came in, and sent for a constable; the prisoner then touched my arms, and said, "My dear sir! My dear sir!"
Cross-examined by MR. PHILLIPS. Q. Was he in the habit of coming to sell articles to you? A. He has done so; his sister makes braid - he asked me that day to buy some goods, but did not take any articles out of his bag to my knowledge; he might have done so in my absence - I did not suspect him before, and believe he hears a good character; he was walking away when I took him; he had left the shop a few minutes, but had not turned the corner.
GEORGE DIXON . I was in the warehouse, and saw the prisoner take a parcel of 6lbs. of thread off the shelf, under the counter, and put into his bag, while Burnham was in the counting-house.
Cross-examined. Q. Had he any of his own goods out? A. No.
JOHN BURNHAM . This is the thread; I have no doubt of it.
MR. PHILLIPS. Q. How can you swear to it without opening the paper? A. I have seen it before; I have no private mark on it, but I know the manufacturer's mark and number; I stopped him about one hundred yards off; he does not deal in thread; the same maker makes for other people.
COURT. Q. Did you miss the property? A. No.
GEORGE DIXON . I saw him take the thread; it was a square brown paper parcel; I believe this to be it.
MR. PHILLIPS. Q. I daresay you will swear that it is it? A. No; I was ten yards from him, looking down from an upper warehouse - we have too much to miss it; his own goods were in brown paper, but were very different parcels to these.
Prisoner's Defence. I never was guilty of such a thing; I knew nothing about it, till the gentleman came and said, I had something in my bag; I said I would go back with him - my bag was full of parcels; I had them taken out in the warehouse while the gentleman was getting change, as I wanted to replace them - I was in conversation with the gentleman some time after I paid for the goods - my bag was on the ground, and the parcels of thread close to it.
CHARLES TENANT.
FIFTH DAY. TUESDAY, APRIL 15.
Second Middlesex Jury - Before Mr. Recorder.
850. CHARLES TENANT was indicted for feloniously breaking and entering the dwelling-house of John Houison , on the 8th of April at St. Mary Abbot, Kensington, and stealing therein three watches, value 5l. 15s. , his property.
JOHN HOUISON. I am a watch and clock-maker , and live in Brompton-crescent, in the parish of St. Mary Abbot, Kensington ; I rent the whole house - my shop is part of the dwelling-house. On the 8th of April my watches hung on a small wire close to the window - I had seen them safe five minutes before they were stolen; I had seen the prisoner all the afternoon walking up and down, and at times looking in at my window - I had seen him once or twice before, and about a quarter before six I went up stairs, leaving nobody in the shop - the door of which was closed; I had scarcely time to get up stairs, when I heard my window smash - I went down instantly; found the window smashed and three watches gone off the books close against the broken window; I went out immediately, but did not see the prisoner - my next door neighbour gave me information; I went directly to Kensington workhouse, but did not find him there - I then went to St. George's workhouse, Little Chelsea; the men were all gone to bed - I was desired to come in the morning, which I did, and picked the prisoner out from among two hundred and fifty people; this was on Wednesday morning - two of my watches were given to me by the master of the workhouse; they are worth about 1l. 15s.; the one missing was worth 4l.; the prisoner was searched, but nothing found on him; he denied the charge.
JOHN DREW . I am a gardener, and live at the workhouse of St. George, Little Chelsea. The prisoner was also in the workhouse. About eight o'clock on Easter Tuesday evening, after I got home, the prisoner seemed as if he had had a drop of drink, and he seemed to have some money; Mr. Houison came in on Wednesday morning to see the men; master examined us all, and I saw the prisoner in the water-closet playing bo-peep - he was looking about him, and before Mr. Houison got to him I saw him stoop down and make a hole in the earth; he came out of the privy - nobody else went in there before Mr. Houison went up to the prisoner, close to the privy; after he left the privy he stood among the rest of the people - there were about two hundred and forty paupers; Mr. Houison said he was the person, and he would swear to him; I went to the place about ten minutes after, and saw the earth was fresh stirred up - I just pulled it away, and there were two watches under the mould; I gave them to Carter, the master of the workhouse - Mr. Houison claimed them.
BENJAMIN HOLLOWAY . I am beadle of St. George's, Hanover-square. I have two watches, which I received from Houison, who charged the prisoner with breaking his window, and stealing them - I have had them ever since; the prisoner said nothing to the charge - I secured him.
JOHN HOUISON. These are my watches; I had them to repair - they are two of the three which were stolen on Easter Tuesday; I received them from Carter, the master of the workhouse.
Prisoner's Defence. I was in great distress; I worked in the garden for seven or eight years, and had no encouragement for it, and that tempted me to commit the crime.
JOHN DREW re-examined. He worked in the garden sometimes, but was very lazy, and would do nothing hardly.
THOMAS SAUNDERS.
851. THOMAS SAUNDERS was indicted for stealing, on the 25th of March , 1 writing-desk, value 2l.; 3 watches, value 8l.; 1 ring, value 2l.; 1 chain, value 2l.; 2 seals, value 14s.; 1 key, value 5s.; 1 breast-pin, value 10s.; 1 brooch, value 14s.; 1 hat, value 1l.; 2 coats, value 3l.; 1 waistcoat, value 1l.; 1 pair of trousers, value 1l.; 1 umbrella, value 3s., and 1 handkerchief, value 3s., the goods of John Harwood; 1 coat, value 2l.; 1 pair of trousers, value 1l.; 1 waistcoat, value 10s., and 1 brooch, value 14s., the goods of William George White , in the dwelling-house of William Wyatt White .
JOHN HARWOOD . I live on my property, and live in the house of Mr. William Wyeth White, in Searl's-place . I put all my property away on Sunday evening, the 23d of March, and saw my hat on the 24th. On the 25th, about half-past ten o'clock, when I went up to bed, I found my hat-box on the bed, and missed the articles stated in the indictment, from my drawers - they were worth about 20l.; my bed-room is at the top of the house. On Wednesday, the 2d of April, I found my handkerchief at Mr. Graves, a pawnbroker, in Tothill-street, and the umbrella at Mr. Jones'; the street door is kept open in the day-time, as the business of a law stationer is carried on; a person might slip up without being observed - I do not know the prisoner.
WILLIAM GEORGE WHITE. I live with my father, who rents this house; Harwood resides there; my father is his
father's executor; the house is in the Liberty of the Rolls. On the 25th of March I lost a black coat, waistcoat, and trousers, and a brooch, from the same room; also a pair of pumps, some collars, a phosphorus us bottle, and a purple silk handkerchief - I know nothing of the prisoner; I found my coat at Mr. Graham's, in Tothill-street, on the 2d of April.
ROBERT MARKS . I am shopman to Mr. Jones, a pawnbroker, of Westminster. On the 31st of March the prisoner pawned an umbrella with me for 1s. 6d.; he offered a belcher silk handkerchief about an hour after, but I would not take it in - I had seen him several times, and knew him well.
LEONARD NEEDS . I am shopman to Messrs. Graham and Co, of Tothill-street, Westminster. On the 28th of March the prisoner pawned a black coat with me, and on the 31st of March a belcher handkerchief for 1s. 6d., in the name of William Saunders.
THOMAS LONG . I am a watchman of St. Andrew, Holborn. On the 1st of April I took the prisoner in charge, and in the lining of his hat I found four duplicates, which I gave to Corby; I also found on him a phosphorus bottle and a purple handkerchief, which Mr. White claimed.
GEORGE CORBY . I am an officer. I saw the prisoner in Long's custody; the duplicates were given to me, also the phosphorus bottle and handkerchief.(Property produced and sworn to.)
MR. WHITE. This is my phosphorus bottle and handkerchief - I have a box which the bottle fits; I have no doubt of the handkerchief being mine.
ROBERT MARKS . Here is the duplicate of the umbrella which I gave him.
LEONARD NEEDS . Here is the duplicates I gave him.
THOMAS EDWARDS.
852. THOMAS EDWARDS was indicted for feloniously assaulting Robert Clay , in the King's highway, on the 11th of April , at St. Paul, Shadwell, putting him in fear, and taking from his person, and against his will, 1 watch, value 4l. , his property.
ROBERT CLAY. I am master of a ship . On Friday evening, the 11th of April, about ten o'clock at night, I was walking down Ratcliff-highway; I had been drinking with a friend, and was not exactly sober, nor yet much the worse for liquor; I knew what I was about: the prisoner came up to me in Ratcliff-highway, and entered into conversation with me for a little time, and he said he thought I was a little the worse for liquor, and he should be very happy to see me home; I was going to call at Mr. Wardle's, Bell-wharf stairs - I told him so; I meant to sleep on board my ship. I was going in a direction for Wardle's when the prisoner joined me, which was below Wellclose-square - I was walking on when he proposed to see me home; I told him I knew the way very well, and there was no occasion for it - he then pressed me to go and have a glass of something - I refused, saying I had had quite enough: we got further, and he pressed me again, but I still refused, and shortly after that he left me - he had been more than five minutes with me; he joined me again in a few minutes, and said, "Now I will see you home, for I am going past where you are going;" I said, "Very well, I will take your company;" he then took me down a lane: I said, "You are going too soon off Ratcliff-highway;" he said he would take me a nearer road - we walked on; I said, "We are going a long way, and I was never this road before;" he said, "It is quite right." At that time I saw two or three more men along with us - we were along before; I then began to be afraid, and said, "All is not right, and I will go no further;" they all insisted on my going further, as it was the nearest way; more than one of them said so: we moved on a few steps more, and I stopped; they then got all round me - I was going to call out, but they took hold of me, and pulled me down on my back, and I found their hands in my pocket; I am quite sure I had a watch about me at that time; they covered my face; I felt my watch go from me, and then they ran away; I had no money about me. I called out Murder! and Stop thief! I am certain the prisoner is the man who joined me, and kept with me - I should not know the others; the watchman brought the prisoner up to me in a very short time; I said to him, "You are the rascal who has been following me all night down the highway;" I am certain he is the man: which of them took my watch I cannot say, but he was with me till they all ran away together - he was there when I was thrown down. I have not found my watch - it was silver, and worth 4l.; I gave more for it.
Cross-examined by MR. PHILLIPS. Q. About what time did this happen? A. About ten o'clock - it was dark. I met the prisoner when I was walking down the highway - I had been to the King's Head public-house, in Tower-street, before I met him - that was the last house I was in; it was rather before nine o'clock when I left there - I had been to no other public-house; I went there after I came from 'Change, which was about five o'clock; I had dined on board my ship, and drank a glass of rum and water after dinner, but nothing before dinner; I had two glasses of gin and water at the King's Head; I believe I had a glass of ale when I first went in - I forgot that. I sat a considerable time, and then had a glass of gin and water, and afterwards another glass; I am certain that is all I had: I paid 1s. or 1s. 2d. for it; I went to no other house, and drank nothing else that day. I was not drunk, nor yet so sober as if I had drank nothing.
Q. When the watchman first brought the prisoner to you, did you say you did not know his person or his dress? A. I never said such a word; I think I told him I had lost my watch and money, but when I came to recollect I had no money - I had some money when I left the King's Head, but lost it in the road; whether it was pulled out of my pocket or not I cannot say, but I found I had no money when the prisoner joined me; I had lost it. The watchman knows I was sober - nobody had been walking with me before the prisoner came up, but people were passing and repassing - nobody was in my company. The money was in my breeches pocket, but when I felt it was gone - I had 17s. or 18s.; I did not feel anybody take it; I missed it some few minutes before I met the prisoner, but I know I had my watch, for I felt for it, and put the ribbon in directly I missed my money; nobody had been near me except people passing; people frequently walked alongside of me, but I felt no hand in my pocket; I cannot say whe
ther it was buttoned up; I told the watchman I had lost my money and my watch - I did not say the prisoner had taken my money - they offered me the money they found on the prisoner; I said that was not mine, for I lost it before I met him.
Q. Did the headborough at the watch-house lock you up in the same room with the prisoner? A. He did; I do not recollect his saying he did so that I might gain my senses, and tell my story property; I thought it very strange that he should lock me up; I dare say I was locked up for an hour - I do not know why; I told him it was very strange he should lock me up - I forget what answer he made, but think it was something to the effect that I did not know what I was saying.
ELIZABETH MANGHAM . I live in New Gravel-lane; my father sells things about at public-houses; I live with him, and am going on for twelve years old. (I go to church, and believe there is a God, who will punish wicked people in the next world; people who tell lies or swear false are wicked.) I was coming out of Mr. Randal's public-house, in Gravel-lane, where I had been for my mother, and heard somebody halloo out Murder! I went round the corner to see what it was, and there were four persons round Mr. Clay, who I thought to be thieves: one had hold of his legs, another had hold of his arm; they took his watch out of his pocket; they said, "We have got it all, now let us leave him;" and they ran away - two ran up Milk-yard; I have only seen one of them since. Mr. Peterson and I caught one of them in a corner; that was the prisoner - he had not got far when we caught him, about as far as from here to Newgate. I saw him running, and am sure he is one of the four men who robbed Mr. Clay; he was taken to the watch-house; the robbery was committed in New Gravel-lane, which turns out of Ratcliff-highway. After we took the prisoner, Clay came up, and said what they had done to him; he did not appear very drunk; he appeared to know what he was about. After Peterson and I caught the prisoner he(the prisoner) said, "There is another one run over there, with a white jacket on;" one of the party had a white jacket on; he said, the man in the white jacket was along with him, the man in the white jacket was in sight; the prisoner was not running after him to try to take him.
Cross-examined. Q. Did you say your mother was with you? A. No. I was coming out of the Turk's Head public-house; I had been there to my mother, but she did not come out with me; she sells things there. I was very much frightened at the cry; I was afraid something might happen to myself; the prosecutor did not appear to me to be drunk - not much - he was not quite sober; he was locked up in the watch-house - I do not know why; a person belonging to the watch-house locked him up - I do not know whether he is here; I cannot say whether he locked him in the same room as the prisoner.
Q. What coloured coat had the person on? A. He had a blue dress on; I don't think it was a coat - I am not certain it was a coat; I did not stand behind him; I observed him particularly, though I cannot be sure whether he had a coat on. I did not say at the watch-house, nor any where, that he had a blue coat on. I had never seen him before.
Q. How long from the time you heard the cry of Murder! did the person go away from Clay? A. Not long; it was a minute or two - that was all the time I had to observe the four men. I noticed a person who had a white coat on, as well as the prisoner - the other three had white jackets on. I was looking at the other three some portion of the minute or two.
PETER PETERSON . I go to sea, and am fifteen years old. I know Bell-wharf - I live in New Gravel-lane - you can go that way from Ratcliff-highway to Bell-wharf, but it is out of the way, but not much. On the night this happened I was in doors at my mother's, and heard a man sing out,"Oh, oh! Murder, murder!" I ran out and asked him what was the matter; it was the prosecutor; he said he was knocked down, and had his watch taken - I sang out Stop thief! The last witness was coming up at the time; I just saw a glimmer of somebody running along past the lamp, not very far from the prosecutor; I ran on, and Mangham was behind me. I stopped the watchman, and then went into the opening - I did not see the man after he went past the lamp, till I went into the corner, and saw him up in the corner standing still. I said, "Here he is watchman," and he stepped out, that was the prisoner. The watchman laid hold of him; he had blue clothes on, and a watch-ribbon; he at first said there was a man in the other corner with a white jacket on; the prosecutor came up; the watchman said to him, "Can you swear to this man;" he said, "Yes, this is the man who has followed me all the way down the Highway." I then went to look in the other corner, after the man in a white jacket, but there was nobody there. I had seen nobody running in a white jacket. When the prosecutor said he could swear to the prisoner, he said, "Me! I am not guilty of such a thing." He was taken away. I did not follow to the watch-house. Veale was the watchman.
Cross-examined. Q. You would not swear to the person of the man you saw pass? A. No; he was found in the corner of a field called Fox-field, which turns out of Gravel-lane: there is a ditch in the field, and he was over the ditch.
Q. If he had wanted to escape, there was the ditch between him and the watchman? A. Oh! but there are some palings of an orchard at the back, as high as a man's head - he could not get away; he might get over the paling.
Q. He stepped out the moment he saw you? A. Yes, because he heard the dogs bark; Mangham was with the watchman, who was a little distance from me when I saw the man - he was about as far off as I am from the back of the Jury-box; I was nearer to the prisoner - he came up to us when I spoke, and said, he was not guilty - I did not see him searched.
Q. If there had been a man running in a white jacket, could Mangham see it and you not? A. Yes.
JAMES VEALE . I am a watchman. On Friday night about quarter-past ten o'clock, I heard a cry of Murder! I looked down the lane - I stood by the Black-horse public-house in Gravel-lane; I looked and saw three or four people, children and men together, running up the lane, and some going towards Fox-fields - the last witness came up and said, a man had gone that way, pointing to Fox-fields; the prosecutor came up about the same time - I walked down towards the field; I asked the prosecutor what he
had lost, he said, his watch; I said, "Have you lost anything else?" he said, "I don't know what I have lost;" I went to the corner, which is sixteen or eighteen yards out of the main-street, I found the prisoner there; it is a waste piece of ground, and leads to no place - it is no thoroughfare at all; Peterson said, "Here he is, here is the man in the corner;" I turned and saw him standing there - he came out to me; it was the prisoner - he asked what was the matter? he pointed and said, he had seen a man run towards that corner in a white dress; but I could see nobody - I put my hand on the prisoner's shoulder, and said to the prosecutor, "Can you swear to anybody?" he said, there was three or four of them. I said, "Look round, is this the man?" he said, "That is the rascal who has been dodging me all down the highway;" I took them both to the watch-house - I know Bellwharf; if the prosecutor had gone down High-street, Shadwell to it, he would have saved a quarter of a mile - Gravel-lane was a quarter of a mile out of his way; the prisoner had on a blue jacket, with a coat collar and blue trousers; as soon as I took them into the watch-house, I left, having delivered them up to Ames - the prosecutor was the worse for liquor, but appeared as if he knew what he was talking about.
Cross-examined. Q. He appeared to know what he was talking about? A. Yes, he talked rational, but I thought he had had rather too much; I had seen the party go off the main road, but cannot swear the prisoner was one of them - when the boy said, "Here he is," he came out directly; the place is not a thoroughfare - a man might retire there for a certain purpose; he stood quietly by me; I put my hand on his shoulder; but when the prosecutor said, he was the man, I called him, and took him to the watch-house; he said, he could not be guilty of such a thing - the prosecutor said, he had lost his watch; I do not recollect his mentioning money to me.
COURT. Q. Had the prisoner's clothes any appearance of being in disorder, as if he had retired for the purpose alluded to? A. He did not appear so.
THOMAS AMES . I am a constable; I was in the watch-house; the prisoner was brought in by the watchman - the prosecutor was also brought in, and charged the prisoner with knocking him down, and robbing him of his watch; he denied it - the prosecutor appeared flurried, and had been drinking - he spoke rational; I locked up the prisoner and left the prosecutor standing by the fire in the officer's-room, and came away myself - the officer of the night is not here; I found a watch on the prisoner, but the prosecutor does not claim that.
Cross-examined. Q. Was there some money found on him? A. He had four half-crowns in his left hand when he came into the watch-house, and a crown piece - I left the prosecutor in the outer room with the headborough - what he did with him I cannot say; I should think him in a condition to remember whether he was locked up with the prisoner, and to remember what the headborough said - the prisoner was locked up before I went away.
MR. PHILLIPS to ROBERT CLAY . Q. Is Ames the person who said you did not seen to know well what you were saying? A. I cannot tell which of them it was; I suppose it was one or the other - I know I was locked up with the prisoner; there was no fire in the place that I was locked up in with him.
COURT. Q. Did you afterwards set in the same room with the constable? A. I was let out, and the prisoner kept in the lock-up place; I remained among the officers afterwards in a room with a fire to it - I got on board my ship by twelve o'clock I think; I left the room the officers were in not long after I left the lock-up place - I suppose I was the longest time in the lock-up place.
Prisoner. I am quite innocent.
JAMES RUST.
853. JAMES RUST was indicted for feloniously breaking and entering the dwelling-house of Frances Goodenough , widow , on the 10th of March , at Isleworth, and stealing therein 2 salt-spoons, value 7s.; 3 cruet-tops, value 9s.; 1 pair of sugar-tongs, value 2s.; 2 pairs of kniferests, value 2s., and 1 tea-caddy, value 4s. , her property.
SAMUEL GOODENOUGH . I am the son of Frances Goodenough, who is a widow, and lives at Isleworth , and keeps the house - it is a private house, and in the parish of Isleworth. On the night of Monday, the 10th of March, I went to bed about half-past nine o'clock - the house was secured then, but I was not the last person in bed; my mother and the servant were both up - nobody else was in the house: I know the property in question was safe when I went to bed; there were two silver salt-spoons, two silver cruet-tops, two pairs of plated knife-rests, a pair of plated sugar-tongs, a mahogany tea-caddy, and several trifling things; the salt-spoons and knife-rests were on the sideboard - not locked up; I got up about half-past five o'clock in the morning as usual, to go to business - it was quite day-light; when I came down stairs I fell over a drawer which had been pulled out of the sideboard; I immediately went into the next parlour, and found the window shutters closed, the window sash thrown up, and the hasps, which keep it down, broken; a round hole was bored in the shutter; some phosphorus matches were left on the carpet - my mother and the servant were both in bed; the articles I have named were missing; I saw the prisoner on the Friday following, before the Magistrate at Brentford; two spoons were produced - I knew them to be my mother's; the tops, where the initials had been, were cut off.
Cross-examined by MR. PRENDERGAST. Q. You left your mother and servant up, are they here? A. No; I am certain my mother has no other Christian name - she rents the house, and is a market-gardener - I am not a partner; I sat in the room the night before; the spoons were opposite to me - I could not sit there without seeing them; I remember seeing them - I did not take them in my hand, but am quite certain I saw them.
COURT. Q. You say the tops were gone from the spoons - did you afterwards see any part of the tons? A. Yes; the top of one spoon was produced before the Magistrate, with the initials on it, and it fitted the spoon.
THOMAS HONEY BONE . I am a silversmith, and live at Brentford, which joins Isleworth; the prisoner came to my shop on Wednesday evening, the 12th of March, to sell two salt-spoons and two pepper-castor tops - the spoons were quite defaced, the bowls turned in, and the tops cut off both - I had received information of another robbery in the morning, and seeing the initials cut off the spoons, I thought
it best to purchase them, and give information in the morning, which I did, and the prisoner was apprehended; I knew him very well before - I produced the spoons and castor-tops before the Magistrate, and Mr. Goodenough claimed them; part of a spoon was produced there, which had been cut off one of those he sold me, I am confident.
Cross-examined. Q. You live very near the prosecutrix? A. A mile or two off; he came to me on the Wednesday.
Q. There was nothing secret in the transaction? A. He came just as we were shutting up shop, about nine o'clock.
JOHN FINALL COOKE . I am high constable of Isleworth. I apprehended the prisoner on the Thursday, in the middle of the day. Mr. Fowler had given me some information, and I apprehended the prisoner in the tap-room of the New Hotel, public-house, at Brentford - I took him and his brother there. I searched the prisoner there, but found nothing on him. I did not, myself, search the tap-room - I was present at his examination before the Magistrate; the examination was taken down. I saw part of two spoons which were produced by Honeybone, and Henderson produced the top of one, which matched with one of those produced by Honeybone. I have them here, and produce them - I have also brought a spoon from Mrs. Goodenough's house.
JAMES HENDERSON . I am a sawyer. I was in the tap of the New Hotel, public-house, on Thursday night the 13th of March, and saw the top of a spoon found there, near the fire-place. I was not present when the prisoner was apprehended, it was afterwards. Swaite picked it up and gave it to me - I gave it to Honeybone next day, and am certain the same was produced before the Magistrate.
Cross-examined. Q. You found part of a spoon when the prisoner was not present? A. Yes; I saw it found. I saw Swaite take it up - I did not see it on the ground; I first saw it in his hand - he is not here; and was not before the Magistrate - he is a journeyman blacksmith. I saw him stoop and pick something up; he gave it to me directly - his face was towards me when he stooped; he was sitting down on the bench; he stooped, and rose up before I saw the spoon - there was several more persons in the house; they were hard working men - how long the prisoner had left the room, I do not know.
THOMAS HONEYBONE. Here is the spoon which matches the top. I am certain they have formed one spoon - the stamp and letter at the back correspond with the top part and the letter K. - the initials S.F.G. are on it.
SAMUEL GOODENOUGH. My father's name was Samuel. Here is an entire spoon, which is my mother's, and has the same initials on it; it is one of the same sort - this was not stolen. The curet tops are too much disfigured to be identified - they have been defaced by violence not by wear I have no doubt they are the same; they are exactly the same size, and appearance as my mother's.
MR. PRENDERGAST to THOMAS HONEYBONE. Q. How does the top of this spoon fit? A. Silver is of that nature it must be wrenched backwards and forwards, before it can be separated - it has been chopped first with some blunt instrument. I have no doubt of their being parts of the same spoon - I cannot fit them exactly, it would be impossible. I kept them in my possession till morning, and then took them to Mr. Fowler, thinking they were stolen from him.
MR. BARRY. Q. From your knowledge of such things are you able to say, they are parts of the same spoon? A. They certainly are.
Prisoner's Defence. The first time the property was brought up, it was taken to Mrs. Goodenough's - Cooke brought it back, saying she could not identify it - and at the second examination, Mr. Goodenough said he could only swear to the bit of the spoon, which was marked. I was at home and a bed, at the time of the robbery.
GEORGIANA HIGGINS . I live at Old Brentford, opposite the gas-light - the prisoner and his wife lodge on the same floor as I do. On the night of Sunday, the 10th of March, I saw him come in between ten and eleven o'clock. I saw him go up-stairs, and go out next morning.
Q. On the Monday night? A. On the Sunday night - the night of the robbery.
COURT. Q. What night do you swear to? A. Sunday night; he did not go out till the morning, not to my knowledge.
Q. Do you remember where he was on the Monday night? A. No.
- SAUNDERS. I live at Old Brentford, opposite Montgomery's timber yard. When I was at work in Kent with the prisoner, he bought two spoons, very much beat about - they were mustard spoons; this was the middle of last summer. I do not know what he did with them, but he said he thought he might get 1s. by selling them in town. I looked at them, but did not notice whether they were marked; they were not half a minute in my hand - he never told me what he had done with them. I should not know them again - he bought them about a mile and a half from Farningham.
MR. BARRY. Q. Were you present at the purchase? A. Yes; I was never in trouble myself. I will swear that.
Prisoner. The property was taken off to Mrs. Goodenough, and they have been broken off since; they sent over to the witness, to say, if he did not swear my life away, he should not do another day's work.
CHARLES SMITH, JEREMIAH LATCHFORD.
854. CHARLES SMITH and JEREMIAH LATCHFORD were indicted for stealing, on the 20th of January , 1 gelding, price 5l., and 1 chaise, value 6l. , the property of William Jennings .
WILLIAM JENNINGS. I live at Staines , and am not in business. On the 20th of January, my horse was put into the stable, and the chaise in the chaise-house; the stable door was locked about eight o'clock, the yard has a brick-wall, about four feet and a half high, round it - next morning, about eight o'clock, I sent the servant to feed the horse, and found it and the chaise and harness were gone. I saw the horse at Chigwell, about the 26th of January, and the chaise at Romford, next day. The prisoners are strangers to me.
GEORGE LAYTON . I am a constable of Staines. On the 20th of January, I was going up Staines, and saw the prisoner Smith, who I knew before; he had two persons with him, one of whom was Hall, the witness. Since that, there were warrants against both the prisoners; I sent
to Cook: several officers went with me, to apprehend both the prisoners, at Turnham-green, on the 17th or 18th of March. Smith asked what I apprehended him for, I told him for stealing Jennings' horse and chaise; he said he knew nothing of it. I told Latchford, I took him for receiving the horse, he said he knew nothing about it.
Cross-examined by MR. PRENDERGAST. Q. Did you take them both at Turnham-green? A. Yes; I know Latchford was not one of the persons I saw.
JOHN ELSE . I am a farmer, and live at Chigwell, Essex. On Sunday afternoon, about four o'clock, I saw Mr. Jennings' horse in my field. I think it was on the 27th of January; I know it was on Sunday; the hedges of the field were down, and I think it had strayed in there - I saw Latchford fetch the poney out of the field. I knew him before - he lived at Chigwell, with his father. I told him if he did not keep it out of the field, I should send him to the pound; it was the same horse as Jennings afterwards claimed.
JOSEPH DICKINSON . I live at Old Brentford. I apprehended Smith at his own house, at Turnham-green. I was with Cook and others - I afterwards took Latchford.
Cross-examined. Q. How could you both apprehend the same man? A. There were six of us together, stationed in different places.
JOHN ROWE . I am a constable, and assisted in apprehending the prisoners - I had seen Latchford at Grongehill, Chigwell, with a horse in his possession, about a week after I understood it was stolen; I am not certain it was the horse in question - I had not then heard of the robbery.
WILLIAM DAWSON . I am an auctioneer, and live at Romford, Essex. On the 22d of January, in the afternoon, Latchford came to my stables, where property is generally brought for public sale; he brought the pony and chaise there; I had some conversation with him next morning - he stated to me that he had a chaise brought there for me to sell by auction on market day, for a gentleman named Smith, of Munt - Munt is about seven miles off; the chaise was afterwards claimed by Jennings, and returned to him. I was not present when it was brought.
Cross-examined. Q. You are quite sure of his person? A. Quite - I saw him again at Bow-street about March - the chaise was sold to Mr. Colyer, and I gave Latchford the produce of it. The same chaise was given up to Mr. Jennings, by the Magistrate's order.
COLONEL CARMICHAEL . I live at Staines. Some days previous to the loss of this horse, Hall called on me, and from information which he gave me, the horse and chaise were subsequently recovered; I sent information to the Magistrate, who issued his warrant for the prisoner's apprehension.
Cross-examined. Q. Did you know Hall before? A. He has given me information on other occasions.
JAMES HALL . I live at Staines. I know the prisoner - Latchford is a shoemaker , at Staines; Smith lived at Hounslow at the time of the robbery - I never saw Latchford before. I went to Mr. Carmichael's before this robbery was committed; the horse and chaise were stolen from Mr. Jenning's stable, a little after ten o'clock at night on the 20th of January - I was coming by at the time; Colonel Carmichael had told me to watch them; I saw Oades leading the horse out of Mr. Jennings' yard by the head, and afterwards saw a man resembling Smith come out and shut the gate; I had known Smith two years, but am not positive that it was him; Oades has absconded - I saw him about a week afterwards. I have seen Smith since, but I had no conversation with him about it; I have heard Oades talk about it in Smith's company, a fortnight or three weeks after; he said, "No doubt as they have found the horse and chaise, they will find other things;" when I saw the horse and chaise brought out they were harnessed together. About half-past six o'clock on the evening of the robbery, Smith and Oades came to me, and asked if I would make one of the party to go down and get Mr. Jennings' horse and chaise - I said I would not; this was in the market place - they left me. As soon as Oades brought the horse and chaise into the middle of the road, he said,"I hope you won't take any notice of this - I hope you won't say anything about it;" I told them I thought it was a very bare-faced trick to get it out at that time; I did not promise not to tell. There are watchman at Staines - I gave no alarm.
Q. Then you suffered them to go away with it? A. I expected Colonel Carmichael would have taken them; it was in a retired part of the street; I do not think I could have got anybody to take them; I gave no alarm. I was not taken up. I have never been confined in my life; I am sure Latchford was not one of the party, and cannot identify Smith as one.
WILLIAM YORK.
856. WILLIAM YORK was indicted for feloniously assaulting Thomas Davies , on the King's highway, on the 8th of April , putting him in fear, and taking from his person, and against his will, two handkerchiefs, value 9s. , his property.
THOMAS DAVIES. I am a shoemaker , and live in St. John-street. On Easter Tuesday I saw the prisoner at a public-house in St. John-street; he was in the same box with me; I knew him before - I went out between eleven and twelve o'clock at night - he came out, and walked by my side, and just by St. John's-lane he suddenly knocked me down, with a blow on my temple; there had been no quarrel between us; when I was down he kicked me two or three times in the ribs - they were not violent kicks, and did me no harm at all. I saw him take two silk handkerchiefs out of my hat; he ran away - I got up, and ran after him; I found him in the custody of the watchman in less than five minutes - my handkerchiefs were produced.
GEORGE LOVE . I am a watchman of St. John's-lane. I heard a cry of Watch! and saw the prisoner running down the lane - I stopped him; the prosecutor came up in two or three minutes, and said he had knocked him down and taken his handkerchiefs; he threw away two handkerchiefs directly I took hold of him - I picked them up.(Property produced and sworn to.)
JOHN BALLARD . I am constable of the night, and received him in charge; the robbery was committed in the County.
Prisoner's Defence. To tell you the truth I do not think he came honestly by them himself; he came into the house with a seafaring man, and called for gin; there was a dispute between them who should pay for it; the prosecutor said, "Never mind, I have only brought him here to
try to pick him up;" he produced these two handkerchiefs and about six duplicates of handkerchiefs for sale.
CHARLES RICHARDSON . I am a headborough. I had the prosecutor in my custody some time ago, for attempting to break into a house - he is am most desperate character.
Of stealing only . - Confined Six Months and Whipped .
JOHN McNALLEY.
857. JOHN McNALLEY was indicted for feloniously breaking and entering the dwelling-house of Thomas Marson Pulsford , on the 9th of April , at St. Luke, and stealing therein 2 handkerchiefs, value 2s.; 2 aprons, value 1s. 6d.; 1 table cloth, value 1s. 6d.; 1 shirt, value 2s.; 2 night gowns, value 1s.; 3 pinafores, value 1s.: 1 frock, value 6d.; 2 petticoats, value 6d.; 1 coat, value 30s.; 1 waistcoat, value 10s.; and 1 sheet, value 1s. ; the goods of John Pulleston .
JOHN PULLESTON. I live in Colwell-buildings, Blue Anchor-alley, Bunhill-row, St. Luke's. Thomas Marson Pulsford is landlord of the house; the prisoner lived in the house with him - I occupy the lower part of the house; some of these things were in a box, and some on a table; I left home about eight o'clock in the morning, leaving the room in care of my wife.
PLEASANCE PULLESTON . I am the wife of the last witness. On the 9th of April, at half-past eight o'clock in the evening I left the room; I locked the door, and left all this property safe. I went to my husband, and we came home together; we have two rooms - one opens into another: the room which opens into the passage was locked; on returning we found the room door broken open by violence - part of the door was cut away, and the lock forced; when I got in I missed the articles stated in the indictment, all of which I had left safe - some of them were airing at the fire. The prisoner was taken that evening, and the property was found outside his sister's door, by Richardson. I had seen the prisoner about seven o'clock that evening, and told him I was going out, and desired him not to fasten the street door; he lived in the house, and was at home when I went away.
THOMAS MARSON PULSFORD . I keep this house; I am twenty years old; I rent the house myself. Pulleston and his wife lodge with me; I am a smith; the prisoner was in my service, and lived in the house; I sent him out but he came home about half-past eight o'clock. I was out at my sister's, and as I returned I saw the prisoner with a bundle under his arm; I asked where he was going, and what he did out at that time; he said he had been at his sister's, and was going again; I told him he ought not to leave my premises while I was out. The officer afterwards brought the bundle back; the prisoner came back of his own accord. I went to bed, not knowing the prosecutor was out - but when they came home an alarm was given; I got up and found their door broken open. The prisoner lived two months with me, and behaved well; I should give him a good character.
CHARLES RICHARDSON . I am a constable; about five minutes past one o'clock in the morning; the prisoner was brought to the watch-house by a watchman.
SUSAN POPE . I live at No. 10, King's-court, Blue Anchor-alley, Bunhill-row. The prisoner called at my house about a quarter-past twelve on the night in question; I knew him before by having seen him at his sister's - I live in the house with her; I observed that he had a white bundle under his arm - he went up stairs with it; I knew he lived with Pulsford at that time; he knocked at his sister's door, and called her twice - he then went away without the bundle; Richardson the officer afterwards came to me, and I stated this to him - I did not see him find the property.
CHARLES RICHARDSON . When the prisoner was brought into my custody, I received information from the prosecutor, and went to Pope, in King's-court - I got admitted to the sister's room after some time; she lives on the second floor, and on the bulk-head of the staircase I found this bundle, containing all the property except the coat, waistcoat and sheet; the prosecutor was with me, and owned them.
SUSAN POPE . This looks like the bundle the prisoner brought there.
PLEASANCE PULLESTON . This is my husband's shirt - it has an iron mould on it; I have no doubt of it - all these things are ours, and were taken while we were out; they were all left safe in the room - the coat and waistcoat have not been found.
THOMAS WILSON . I am a watchman. I accompanied Richardson, and found the bundle; I found the prisoner in Pulleston's room - they had taken him, and gave him in charge. GUILTY - DEATH . Aged 16.
Recommended to Mercy on account of his youth and previous good character .
THOMAS KIRKE.
First London Jury - before Mr. Sergeant Arabin.
858. THOMAS KIRKE was indicted for embezzling the sum of 38l.; and also for stealing 1 watch, value 20s., the property of Edmund Fleming , his master .
To which indictments the prisoner pleaded GUILTY .
JAMES CRAWLEY, THOMAS CONNELLY.
Theft: simple larceny, Theft: receiving.
859. JAMES CRAWLEY was indicted for stealing, on the 17th of April , 16 ozs. of tea, value 6s. , the goods of William Webber , and THOMAS CONNELLY was indicted for feloniously receiving the same, well knowing it to have been stolen .
THOMAS WEBBER. I am a grocer , and live in the Minories . On the 7th of April, between seven and eight o'clock in the evening, this tea was packed up to be sent out; it stood on my counter - I missed it; a person came into the shop, and produced it to me: he described Crawley's dress, and I recollected his having been in the shop about a quarter of an hour before I missed the tea; I found him at the Thames Police-office next day, and recognized him - I did not see Connelly in the shop.
THOMAS FOGG . I am an officer. On the 7th of April I followed the two prisoners in company with another for about an hour - they went into several shops; Crawley went into a batter's and brought out a hat - I took them both into custody, and on Connelly I found this tea: I took them about half a mile from Webber's shop - I had not seen them near there; I took them to the watch-house. and asked Connelly where he got the tea - he said his sister had sent him to buy it; I asked where she lived - he said in Castle-court, Whitechapel; I made enquiry about the Minories, and found Mr. Webber out - I went to Castle-court, but his sister did not live there.(Property produced and sworn to.)
CRAWLEY's Defence. I went to the shop for half an ounce of liquorice; I threw three farthings down - they said it was two-pence an ounce; I took up my money, and the parcel was on the counter when I went out; when the officer took me, a gentleman said, "Let the boy go;" he said, "You ruscal, I will take you."
CONNELLY's Defence. I was coming down Ratcliff-highway - a decent looking man tapped me on the shoulder, and said, "I have a little tea to sell;" I said, if he went to my mother she would buy it, but I only had got 3s.; he said I seemed a poor lad and should have it for that. I was going to meet my sister to give it her when I was taken.
MR. WEBBER. I know the tea by the paper; it is mixed, and corresponds with what I lost - I have no doubt of it.
CRAWLEY - GUILTY . Aged 18.
CONNELLY - GUILTY . Aged 17.
JOHN GREENWOOD, WILLIAM DUNKLEY.
860. JOHN GREENWOOD and WILLIAM DUNKLEY were indicted for stealing, on the 2d of March , 1 half-sovereign, 2 half-crowns, and 1 sixpence, the monies of William Jones , from his person .
WILLIAM JONES. I am a bookbinder , employed by Mr. Smith, of Albion-buildings. On the 2d of March, between eleven and twelve o'clock at night, I fell in with a strange man coming over Blackfriar's-bridge into Bridge-street; he came up, and asked if I was going far; I said I lived at Hoxton - he said he was going that way, and walked with me as far as Fleet-market - and just by a soup shop there, he met the prisoners and shook hands with them both. Greenwood proposed that we should go in and have some soup; we all went in and had some; they were all strangers to me. Greenwood proposed to toss for two basons - we tossed and I lost: I had been drinking, but was sober; I took half a crown out of my purse and paid for the soup - Greenwood took the half-crown, and gave me the change; he then said he lived at Hoxton New-town, and would walk with me - we went on together arm-in-arm; Dunkley followed behind. When we got to Smithfield, Greenwood asked me if I thought my money was safe; I said I thought it was - Dunkley was close behind us. We went on as far as Beech-street, and Greenwood pressed me very much again to look at my money; he said the other prisoner was going Finsbury-square way, and that we were both going to Hoxton New-town - he said he lived there: he wished me very much to look at my money in Beech-street , as he said he did not wish to be blamed, if any body had played tricks with me: I then took it out; I took my silver out in my hand, leaving a half-sovereign in my purse, which was in my hand; it contained also two half-crowns and a sixpence. Greenwood snatched the purse out of my hand; Dunkley stood right before me on the left; Greenwood snatched the purse, and took the half-sovereign out - I said, "You have got the half-sovereign?" - he said, "Oh! it is all right; let me look if the silver is right" - I then gave him the silver into his hand; Dunkley said something to him, and Greenwood directly ran up Golden-lane with my money - I followed him, crying Stop thief! I do not know what became of Dunkley; I followed Greenwood; the watchman sprang his rattle; he turned and came into Beech-street; two gentlemen knocked him down on the pavement - I held him until the watchman took him; I do not know whether Dunkley ran away, or whether he had any of the money. He took Greenwood to Gripplegate watch-house; he said a friend outside would tell how every thing happened. Dunkley then came in, and I said he was the man who was with him - I gave him in charge; I was quite sober - I am a Welchman.
Prisoner DUNKLEY. Q. Can you swear you did not lose your money? A. Yes; I had it in Beech-street.
CHARLES IVERY . I am a watchman. On the 2d of March, between twelve and one o'clock, I heard a cry of Stop thief! I proceeded to the spot, and saw Greenwood with others running towards Golden-lane; I sprang my rattle, pursued and overtook him about a hundred yards off; I found Greenwood and Jones on the ground and took charge of him: Dunkley might be in the crowd; I saw Greenwood running - Jones appeared perfectly to know what he was about.
JAMES NOYES . I am an officer. Greenwood was brought to the watch-house - Jones was with him.
JOSEPH HORTON . I am superintendant of the watch. Greenwood was brought in, and requested me to fetch his friend in - I brought in Dunkley, and Jones recognised him; Greenwood at first acknowledged having seen a half sovereign in Jones' possession, but afterwards denied it; I found no money on him, but 2s. on Dunkley.
GREENWOOD's Defence. He said he was feeling for a half-sovereign, but I never saw it; I met him and another man walking arm-in-arm - he wanted to get some gin, and then some soup; we at last tossed for some soup; he fell down - the watchman came and threatened to take him to the watch-house; he was asleep in the shop for an hour, and when he awoke, said he had lost half a sovereign; I said nobody had touched him; he wished me to see him part of the way home; I wished him good night in Chiswell-street, and asked if he was all right; he pulled out his money, and dropped it on the stones; I took up a shilling and sixpence, and gave him - he said there was more money, and I had robbed him; he came after me, and I ran; he called Stop thief! and then I stopped; he fell on me, and then three watchmen came up - I did not go away from him; he was at my side all the way.
GREENWOOD - GUILTY . Aged 28.
DUNKLEY - NOT GUILTY .
CHARLES POTTER.
861. CHARLES POTTER was indicted for embezzlement .
SARAH MITCHELL . I am the wife of George Mitchell , a butcher , of St. George's-crescent - the prisoner was our weekly servant . On the 28th of March, at nine o'clock in the morning, I sent him to receive 20l., which was to come by the Tottenham coach to the Swan inn, Snow-hill; he returned about twelve o'clock, and said it would come up by the two o'clock coach, and that he had met his brother from Cambridge, which had detained him; our house is about half an hours' walk from the inn. I sent him again about a quarter to two o'clock, and told him if it was a cheque to get it cashed; he returned a few minutes before four, and said that a pretty job had happened - he said, "I
have lost the money;" I asked how he received it - he said he received a 5l. and 14l. cheque, and a sovereign; I said, "Where did you put it?" he said he put into in his side coat pocket, and showed me his pocket, which was very deep, and had no holes in it; I said he had not lost it out of that pocket - he said he was certain he had put it there when he received it at the banker's; he said, "I received five sovereigns for the 5l. cheque, and received the 14l. cheque at Lombard-street; I there asked for a bit of paper to put it into, and they gave me a piece; I was detained nearly an hour, and finding I was detained so long, I jumped behind a coach, and the twenty sovereigns must have jumped out of my pocket;" I said they never jumped out of that pocket, it was too deep - he said, "I am certain this is the pocket - I saw it quite safe in the pocket when I left the banker's;" I said, "I cannot believe it - you have not lost it - tell me in what hands you have put it;" he said, "I have lost it, Ma'am." I said, "I must send for an officer, if you won't tell me where you have put it:" he said, "Then you must send for one, and I shall lose my place; and to put an end to it I will go before a Magistrate, and state the same."
Cross-examined by MR. PHILLIPS. Q. Did you ever lose anything? A. Yes, several things; he could have run away if he had chosen.
Q. He was in great distress about losing it, was not he? A. Indeed he was not; I was sorry to see him so hardened - I was astonished to see him so cool and careless; he said I was a liar, he had lost it. I have inquired, and find he has been keeping had company.
Q. Did you offer to forego this prosecution if his friends would give you 10l.? A. No, they said, "Will you take 10l.? you will never get your money back;" I said I should be glad to see 10l., for it was a great loss to me; I did not wish it from them - I said, "Give me 10l. of my own money" - I asked if it fell as he put it in - he said then he should have dropped it at the banker's. I said I should ask the Magistrate if I should do right in taking the 10l.; I did not have his brother taken up - I went to the brother, and said I had lost twenty sovereigns - he said"I am very sorry - I was in hopes he had got rid of all his had acquaintances; but I will go and see if I can get it out of him." The brother was not taken up.
HENRY MITCHELL . I am the prosecutrix's son. On the 28th of March, about five minutes past two o'clock, the prisoner came to the Swan, and asked if I had not got 20l. for him - I gave him a 5l. cheque on Messrs. Fry and Co., and a 14l. one on Sir William Curtis', with a sovereign - he said he did not know where the banker's were; he got on my coach, and I put him down at St. Mildred's-court, and saw him go up the court to change the cheque.
WILLIAM BLAXLAND . I am clerk to Sir William Curtis. I cannot recognise the prisoner, but I paid a person a 14l. cheque - he asked me to give him a piece of paper; I wrapped it in a piece of brown paper for him.
Prisoner's Defence. Mitchell paid me the money, and asked if I would have anything to drink; we went to a house, and staid there about half an hour; I went and received the cheques, and at Sir William Curtis' asked for a bit of paper to wrap it in; I put it into my coat pocket, and as I went home, as I had been a long time, I got behind a coach, and at Stones-end I missed the money; I went back all the way, to see if I could find it, but could not - I went and told mistress; they threatened to give me in charge, and brought a man who was not an officer, to frighten me; they kept calling me thief, and I said I would go before the Magistrate; mistress then said if I would give her 10l. she would take it - my brother came; she asked him to give her 10l. - he would not, and she gave me in charge.
THOMAS RYLAND.
862. THOMAS RYLAND was indicted for stealing, on the 8th of April , 33 files, value 16s.; 1 steel scratch brush, value 3s. 6d., and 1 screw-driver, value 1s., the goods of Robert Johnston and others, his masters .
ROBERT JOHNSTON. I live in New-street-square, Fetter-lane, and have two partners. The prisoner worked for us for a year and a half, and left on Easter Tuesday; I only know the property - he was a gun-filer , and had been discharged from the Tower - we employ one hundred and fifty men. I was very partial to him till a week before the holidays.
JAMES TERRY . I am a patrol. On the 8th of April, about nine o'clock in the evening, I met the prisoner in Sharp's-alley, Cow-cross; it being a dull place I suspected him, and watched him into Cow-cross; I there stopped him and asked what he had got in the bundle under his arm - he told me a few files; I asked from where he had brought them - he said from home; I asked where he was going to take them - he said home again; I took him to the watch-house; Newton searched him, and found fourteen new files in his pocket, besides sixteen which were in the bundle.
JAMES NEWTON . I am a constable of the night of St. Sepulchre's. The prisoner was brought to the watch-house by Terry, with sixteen files - I searched him; he said, "This is what you are looking for," and delivered me some more. I found on him fourteen files and a scratch brush.
RICHARD MILLER . I am a constable. I went to the prisoner's lodgings with Terry, and found three large files in a cupboard in the corner of the room, and a screwdriver in the table drawer.
JAMES TERRY . The prisoner told me those were his lodgings.(Property produced and sworn to.)
The prisoner received and excellent character, and was strongly recommended to Mercy . - Confined Six Weeks .
GEORGE WILLIAMS.
863. GEORGE WILLIAMS was indicted for stealing, on the 27th of March , at Allhallows, Bread-street, 15 pieces of calico, each piece containing 60 yards, value 15l., and 1 sheet, value 2s., the goods of Philip Barnard , in his dwelling-house .
ANTHONY NELSON . I am a wholesale linen-draper, and live in Watling-street, nearly opposite Mr. Barnard, who is a wholesale Manchester draper . On the 27th of March, about half-past twelve o'clock in the day, I had some business with Mr. Barnard; I went over and as I was going to enter the passage of his house, I observed a light cart, and a man step from the shaft of it on to the curb - it stood just by Mr. Barnard's door, and on my entering the passage I found the prisoner in the passage, which is fourteen feet long - he was at the further end of it, and had got a
sheet full of goods on his right shoulder; he turned round to come out, and hit his left foot against a package of goods, which caused him to stagger forward, and the sheet of goods rolled off his shoulder - they fell down at my feet.
Q. Then had the prisoner got the wrapper of goods on his shoulder, coming out with it? A. No doubt of it; when they fell at my feet, the man, who stepped off the shaft of the cart, appeared at the door; the prisoner then looked at that man - he took no notice of me, but said to the man at the door, "D-n your soul what did you do that for?" he repeated those words again; I then said, "I am afraid all is not right here;" I then opened the warehouse door, and calling out, asked if Mr. Barnard was within; I was answered by a little boy that he was not within; I turned round as quick as I could, and found the men both gone, and Mr. Barnard standing at my right shoulder, in the passage - all this happened in a very short time indeed; I told him what had happened, and said, "There the men go in that cart; pursue them, and take them if you can, and I will watch your goods;" Mr. Barnard went in pursuit, and took the prisoner, who I am certain is the man who was in the passage as I have described - the other man escaped; I have no doubt of the prisoner.
Cross-examined by MR. ADOLPHUS. Q. The goods stood in the passage as if to be removed? A. They were in sheets, to be sent to the west end of the town, I believe - they were tied up in a bundle.
Q. The other man swore at the prisoner? A. Yes; the prisoner was moving the goods towards the cart.
COURT. Q. Which of them said "D-n your soul,&c.?" A. The prisoner, and that raised my suspicion.
PHILIP BARNARD . This is my dwelling-house, and is in the parish of Allhallows, Bread-street - I reside there. As I was entering the passage, I saw my friend Nelson and some goods, which I had before superintended being tied up in the sheets, and put at the extremity of the passage, I found laying on the threshold of the door - I had seen them within twenty minutes at the end of the passage; the prisoner was pointed out to me, with another man, in a chaise-cart; I pursued down Watling-street - they turned the corner into Sise-lane, galloping as hard as they could; I pursued them to Bucklersbury, and there the cart ran into the wheel of another cart, which stopped them; the other man jumped out, and ran away - the prisoner made a leap out, with the whip in his hand, and brandished it about; I caught hold of him - I imagine that the prisoner drove, as he had the whip; I have the package here - it contains fifteen pieces of calico, and is worth about 15l.
Cross-examined by MR. PHILLIPS. Q. Have you any partner? A. No; there is "P. Barnard and Co." over my door, but I have no partner, either acting or sleeping.
BENJAMIN HAWKINS . I am a constable. I was in Bucklersbury, and heard Mr. Barnard crying, "Stop that cart!" the prisoner and another were driving very furiously down - I pursued them, and saw the other jump out and escape; the prisoner jumped out, and another person caught hold of him - he was thrown down, and secured; they galloped as hard as they could, but another cart stopped them.
JOHN SIZMUR . I am a constable of Cheap Ward. I was standing by the Green Man, public-house, Bucklersbury, and saw the prisoner in the cart with another, turn very furiously from Sise-lane, down the Bury; Mr. Barnard called out - the other man leaped from the cart, and then the prisoner jumped out; I held him till Mr. Barnard came up - the property is here.
Prisoner's Defence. I own I was coming by at the time the cart was there; the man asked me to lend him a hand up with the goods, which I did - he let it out of his arms, and went away directly from the door; I heard a call of"Stop the cart;" I ran forward after the cart, and because I laid hold of the horse's head, they took hold of me, and called me the thief.
MR. NELSON. The other man had not helped him up with the goods.
Three witnesses gave the prisoner a good character.
JAMES MARSHALL.
864. JAMES MARSHALL was indicted for stealing, on the 5th of April , 18 ozs. of indigo, value 5s. , the goods of the United Company of Merchants trading to the East Indies .
MR. CRESWELL conducted the prosecution.
SAMUEL SAUNDERS . I am door-keeper at the East India Company's indigo warehouse, in Cutler-street ; the prisoner was a labourer there. On the 5th of April he came about seven o'clock in the morning, and should work till three o'clock; I saw him going out about ten o'clock, and called to him to come back, and be rubbed down; he came back; I rubbed him down, and said, "Take off your hat:" he resisted - I collared him, and called Churcher; he then took off his hat, and flung down these three cakes of indigo, which weighed about 1 lb., and is worth 5s.
THOMAS CHURCHER . I am a labourer in the warehouse. Saunder's evidence is correct; I saw the prisoner take the property out of his hat, wrapped in a piece of calico - he threw it behind him.
JAMES SAUNDERS . I am an assistant elder to the Company; this is the same sort of indigo as was in the warehouse.
The prisoner put in a written defence, stating that the property must have been put into his hat by some of the workmen.
Recommended to Mercy . - Confined Three Months .
JAMES NEALE.
SIXTH DAY. WEDNESDAY, APRIL 16.
First Middlesex Jury. - Before Mr. Sergeant Arabin.
865. JAMES NEALE was indicted for stealing, on the 14th of April , 1 pick-axe, value 5s. , the goods of Edward Carpenter .
EDWARD CARPENTER. I am a labourer , and live at Lambeth. On Tuesday at six o'clock I left my pick-axe in some old buildings in Moor's-yard, St. Martins' in the Fields , the house was fastened up; I missed it next morning; they broke into the house to get it - the prisoner had asked me for a job a few days before.
MICHAEL BELL . I am watchman of these premises; I stopped the prisoner between seven and eight o'clock on Tuesday night, offering this pick-axe for sale by Moore's-yard.(Property produced and sworn to.)
Prisoner's Defence. I met a man at the corner of
Moore's-yard, who asked me to buy the pick-axe; I gave him 3d. for it.
JOSEPH HART, WILLIAM SCROGGINS.
Theft: stealing from master, Theft: receiving.
866. JOSEPH HART was indicted for stealing, on the 25th of March , two sets of harness-tuggs, value 5l. , the goods of George Palliser ; his master, and WILLIAM SCROGGINS was indicted for feloniously receiving the same, knowing them to have been stolen .
MR. ALLEY conducted the prosecution.
GEORGE PALLISER. I am a harness-manufacturer , and carry on my business at No. 27, Little Moorfields, my house is in Finsbury-place; Hart has been employed by me as a workman for eight or ten years - I employed him to make some tuggs for me, which were produced at the police-office; I furnished him with the materials from my warehouse; he had leather straps and buckles; when he makes them, it is his duty to return them to the warehouse; I keep a person to mark them when they are finished: he then returns them to Hart, to have bellybands put on them, but for no other purpose - Hart puts the belly-bands on when they are returned to him; he never brought back these tuggs after they were returned to him - he has had twenty sets to do this year.
Cross-examined by MR. ADOLPHUS. Q. You deliver the materials to him to be made up? A. Yes, to be made into tuggs; he then brings them to my servant at my warehouse, to be marked, and then they are returned to him to finish.
Q. Then from first to last it is always in a process of manufacture? A. It is; I myself do not know of the delivery of these particular pieces of leather - he is paid by the piece; by the set.
COURT. Q. The leather and buckles are yours? A. Yes; nobody has a right to make use of them but me - they are delivered him to make up.
HENRY STOPFORTH . I am in the prosecutor's employ; I saw these tuggs at the office, they had been made by Hart, he had either brought them home to me to mark, or I had fetched them; I marked them and returned them to him to have the belly-bands put on, and for no other purpose; after the bands were put on, it was his duty to bring them back to master.
COURT. Q. When did you mark them? A. I marked those the pawnbroker had, the week before they were found, I returned them to him to put the bands on.
Cross-examined. Q. Is his job complete until the belly-bands and all are put on? A. No - they are always in the course of manufacture till the bands are put on; he could be paid for making the tuggs, and another man could put the bands on.
Q. Would his work he finished till he had done it all? A. No, if he takes one part he must do it all; he sometimes brought things home, and sometimes I fetched them - the two in question were brought home by his wife, and I sent them back; I might be two hours marking them - the band could be put on before they are marked, but I always mark them first.
Q. Then it is always in his hands for the purpose of being worked? A. Certainly.
MR. ALLEY. Q. Have not tuggs been often made without the belly-bands? A. Yes - if we had not wanted bands I should not return them; if master had desired me not to return them, I should not - they are sometimes kept without the bands.
Q. Is the man paid at the end of the week before the work is finished? A. If he had work not finished, he would be paid, but he must finish it before he has more.
MR. ADOLPHUS. Q. Did your master give any particular orders about these? A. No - I marked them, and sent them back.
COURT. Q. When the tuggs are made they are brought to your master, or to you to be marked? A. Yes; that is one prosess - they are always sent back for belly-bands, unless I receive orders not to send them.
RICHARD PALLISER . I am the prosecutor's brother, and am his foreman; when tuggs are brought home we sometimes keep them without belly-bands being put on them; when they do go back it is to have the bands put on; and it is his duty to bring them home.
Cross-examined. Q. When they are left without the bands the work is imperfect? A. Yes; the understanding is, that the workman is to have it, and finish it when wanted - he is paid for it; these particular bands were expected to be made perfect, bands and all before they were brought home, to remain there; his duty was to complete them.
Mr. ALLEY. Q. Does it at times happen that other workmen put the bands on, and not the one who made the tuggs? A. Sometimes.
SAMUEL BRIDGES . I am a constable. On the night of the 25th of March I apprehended Scroggins in Tabernacle-walk, and found a lot of tuggs and leather in his possession; I asked where he got them; he said it was immaterial to me; I took the property to the watch-house.
WILLIAM CLARK . I am shopman to John Clark, a pawnbroker: the two prisoners redeemed these tuggs the night before I attended at the Police-office.
RICHARD PALLISER . These are my tuggs.
COURT. Q. How long have you been in the trade? A. Between fourteen and fifteen years; the harness is not finished till the belly-bands are on? I have at times kept them back without the bands.
JURY. Q. Are not the tuggs complete without the belly-bands? A. Yes.
COURT. Q. Can you speak particularly as to these tuggs? A. Yes; I gave them to Hart or his wife to make into tuggs; they are marked; we never sell such tuggs as these without belly-bands - not this kind; they are tuggs without the band.
GEORGE PALLISER. Tugs are sometimes sold without belly-bands; they are complete, as tuggs, without the bands - I believe these to be the tuggs in question.
HART - GUILTY. Aged 47.
SCROGGINS - NOT GUILTY .
MARY MURPHY.
Before Mr. Recorder.
867. MARY MURPHY was indicted for breaking and entering the dwelling house of Richard Letsom , on the 14th of April , and stealing 7 shillings and 4 sixpences , his property.
RICHARD LETSOM. I live in old Nichol-street, Beth
nal-green . On the 14th of April, between nine and ten o'clock in the morning, I went out, leaving a man and a female servant in the house; my money was in a drawer in my bed-room; the street door is kept open; I returned between one and two o'clock, and missed the money; the lock of the drawer was not forced, it must have been opened with another key; I had left thirty-five shillings there, and missed nine. The prisoner lived with a lodger named Welch; I fetched an officer and gave her in charge - and in a box in the room she lived in, eight shillings of my money was found; I had marked it before I left it; I found another shilling at a tobacconist's shop.
JOHN WELSH . The prisoner lived with me as a servant , I was present when her box was searched; she, herself, gave up the key. I saw the 8s. found; Letsom claimed them - she said nothing to it; she had lived four months with me, and had a good character.
TIMOTHY BRIDGMAN . I am a constable. The prisoner gave me the key of her box; I found in it six shillings and four sixpences, all marked.
RICHARD LETSON. This is my money, and is all marked.
Of stealing only . - Fined 1s. and Discharged.
CATHERINE DUMPHY, ROBERT HULL.
868. CATHERINE DUMPHY and ROBERT HULL were indicted for stealing, on the 5th of April , 1 watch, value 30s.; 1 chain, value 1s. 6d.; 1 seal, value 1l.; 2 keys, value 6s.; 1 ring, value 2s.; 1 handkerchief, value 1s.; 1 umbrella, value 1s.; and 1 crown piece, the property of James Thompson , from his person .
JOHN THOMPSON. I keep a boarding-house for sailors, at Limehouse. On the 5th of April, about eight o'clock in the evening, I was in High-street, Shadwell , and was intoxicated; I saw two women walking very close after me - I went into a public-house, to take a glass of spirits, and one of the women said to the other."You go on;" the other followed me into the house - I saw her at the bar, and when I came out she followed; the female prisoner looks very much like her; but I will not swear to her. I had a glass of gin at the bar; I walked on a little way, she followed me and ran past me, as if somebody was running after her - I had no suspicion of her; when I went into the public-house I am certain I had my watch in my fob; a handkerchief in my pocket; my umbrella in my hand; and nine or ten shillings in my trousers' pocket, there was a crown piece among it. I walked on a little further, and was tripped up or slipped down; but believe I was tripped up - I fell right into the middle of the road the male prisoner directly picked me up. I cannot be positive whether I had my property safe then; he said,"Where are you going, you are in liquor; I will take you home; where do you live?" I told him where I lived. I did not see the female with him - he said, "You had better go into the public-house to wash yourself;" he took me to the Ship and Black Horse. I washed myself - I took my handkerchief out of my pocket and wiped myself; it was safe then, and I am certain I put it into my pocket - he called for rum and water, and gave me more drink; he paid for it; he took me out of the public-house and said he would see me home - I walked a little way, and then I thought I could see myself home; but he said, No; he would go with me to my own door - the Black Horse is about a quarter of an hour's walk from my house. I lost my senses after I walked a little further, and do not know what happened after that. I cannot tell what he did with me - this was on Saturday, and on the Wednesday evening following, the officer came to my house, and brought my watch. Dumphy was then in custody, but not Hull; he was taken last Sunday. I saw him that evening in the watch-house; he was sitting down with several persons. I was not certain of him then, for he was so disfigured in his dress, and I did not take particular notice; but when I saw him at the Thames Police-office, I knew him directly - but he had a handkerchief tied round his head at the watch-house; my watch, with the seal and key, were produced at the office.
Cross-examined by MR. BARRY. Q. You did not know him at the watch-house, because his dress was disguised? A. I swear to his features; but at the watch-house he had a handkerchief tied round his head, which altered his appearance - he was sitting down with others, and I did not much notice him.
Q. You were pretty far gone when the woman followed you into the public-house? A. I had my recollection about me. I know the same woman followed me out, but will not swear it was the prisoner: she looks like the person. I had my property when I went into the house, I am certain; but whether I lost it before or after I was tripped up. I cannot say; but the handkerchief was safe after that. I do not know whether I slipped down, or was tripped up. I found myself at home - I laid abed all day on Sunday; a man, who lived in the house, had taken me home.
JOHN TRUSS . I am a costermonger, and live in Bluecoat-fields. On Saturday evening, about half-past seven o'clock, I was standing in High-street, Shadwell, with my cart, and saw the male prisoner with the prosecutor, who appeared very much in liquor - this was before he got to the Black Horse; I did not see them go in there - he was unable to walk, the prisoner had hold of his arm, to keep him up - the prisoner appeared sober; I lost sight of them by Shadwell-church. I did not see the woman at all.
RICHARD WILLIAM GREEN . I keep the Black Horse. The prosecutor came to my house, about a quarter-past eight o'clock, with a tall stout man. I will not undertake to say it was the prisoner; the prosecutor was covered with mud - he did not appear very tipsy; the man said, "Will you have the kindness to give my friend some water, for he has tumbled down;" he had the water - I left them immediately, and saw no more - I was absent for three or four minutes, and on my return he was gone; there was no women with them.
Cross-examined. Q. Did not the tall man appear to be acting kindly towards him? A. He appeared so.
JAMES TAYLOR . I am watchman of Shadwell. Last Tuesday week I went about a case of felony being committed in the house Dumphy lives in; and on Sunday, Hull came down the street, and I had him taken - he had a hat on, but nothing else about his head; I staid in the watch-house for a quarter of an hour, he had no
handkerchief about his head then; he was in bed with Dumphy, when I went to her lodging.
BENJAMIN BLABEY . I am a Thames Police constable. I apprehended the female prisoner on the Sunday afternoon after the robbery. I had been to the house before, on that day, and then saw this watch on the mantelpiece; and in consequence of what I heard afterwards, I went back, and brought it away, there was a bed in the room - the prosecutor described the watch, and gave the number before he saw it - it has two keys, a seal, and ring to it - when I returned to the house, the watch had been moved; I asked her for it, and she gave it to me directly - she appeared to take it from the table behind her.(Property produced and sworn to.)
THOMAS HAYNES . I am a constable of Shadwell. I apprehended the male prisoner, and told him it was for stealing a watch; he said he knew nothing about it, and should like to knock my bl - y head off. I had done nothing to offend him - I found some cups and balls on him, which, he told the Magistrate, he got his living by.
HULL'S Defence. I know nothing of the woman, and never was in the same room with her. I know nothing of the robbery.
HULL - GUILTY . Aged 31.
DUMPHY - NOT GUILTY .
MARY PEARSON.
869. MARY PEARSON was indicted for stealing, on the 5th of April , 2 handkerchiefs, value 4s.; 2 shifts, value 2s.; 7 aprons, value 5s.; and 1 table cloth, value 2s. ; the goods of William Cottle .
MARY ANN DOWLAND . I live in Seymour-place , and keep a mangle - these things were brought to me by a little girl to be mangled, on the 5th of April; they were in my front kitchen, the entrance to which is down a ladder in the area; the prisoner came about half-past four o'clock, and asked for them - she said they were her property, that her little girl had brought them; I hesitated a long time - she was quite in a rage because I did not give them to her - she described the child's dress correct, and I at last gave her the things; I had not opened the bundle at all.
MARY COTTLE . I am the wife of William Cottle. We live in York-street, Seymour-place. About half-past eleven o'clock in the morning I sent my little girl to Dowland with these things, in a bundle, to mangle; the prisoner is quite a stranger to me; I heard they were gone about half-past four o'clock, and went to several pawnbrokers. I had sent the articles stated in the indictment.
WILLIAM TROTT . I am a street-keeper. I apprehended the prisoner on Friday, the 11th of April; she denied the charge - I went to her lodgings, and found two aprons and a shift, which Cottle claimed. I found 34 duplicates on her, two of which relate to these things.
HENRY ROE . I am shopman to Mr. Morris, pawnbroker, High-street, Mary-le-bone; the prisoner pawned three aprons, a shift, and a handkerchief, on the 5th of April, soon after four o'clock in the afternoon. I have known her for four years.
GEORGE LAW . I am shopman to Mr. Daniels, a pawnbroker, of Mary-le-bone. I have a cotton handkerchief, which the prisoner pawned with an apron of her own, on the 9th of April; my duplicate was found on her.(Property produced and sworn to.)
JAMES SHRIMPTON, JOHN MICKLAM, THOMAS BURN.
Imprisonment; Corporal > public whipping; Imprisonment
870. JAMES SHRIMPTON , JOHN MICKLAM , and THOMAS BURN were indicted for stealing on the 14th of April , 1 coat, value 10s.; 1 waistcoat, value 5s.; 1 pair of trousers, value 5s.; 2 handkerchiefs, value 6d.; 1 razor, value 6d., and 2 sovereigns , the property of Henry Larkman .
HENRY LARKMAN. I am a bricklayer , and live at the Dolphin public-house, Oxford-street . On Monday morning about half-past five o'clock I locked these things up in my box, which was in the front garret; Burn slept in the same room, and the other prisoners slept in the house - I was out all day, and at ten at night I found my box forced open and the property gone; the box had been forced open with a screw-driver, which I kept in the room; the prisoners were taken that night.
GEORGE AVIS . I am an officer; the landlady of the Dolphin fatched me about half-past eleven o'clock on Monday night, I found Larkman's box broken open - Ball gave me the duplicate of a suit of clothes; I found a screw-driver in the room which fitted the marks on the box - I took the three prisoners into custody, and on the road to the watch-house Shrimpton voluntarily said that he had been made a fool of; that Burn broke the box open with the screw-driver, and Micklam tied the things up; took them out of the house, and gave them to him to pawn; Burn was not present then.
GEORGE BALL . I keep this house; the prisoners lodged there; I found a duplicate in Shrimpton's pocket. and gave it to Avis; I had all the prisoners apprehended; They all denied the charge.
ANN WEBB . I am servant at the Dolphin public-house; I saw all the three prisoners in Larkman's room together, between eleven and twelve o'clock in the morning - Burn lodged in that room; Micklam in the next - Shrimpton slept below.
Prisoner BURN. Q. Have you not often found the box open? A. I once saw it unlocked; but not on that day.
JOHN ADLINGTON . I am an apprentice to Mr. Tate, pawnbroker, Cambridge-street, Golden-square; I have a suit of clothes and a handkerchief pawned on Monday the 14th, between one and two o'clock, in the name of Champion, for 5s.; I believe Shrimpton to be the man - I gave him the duplicate produced.
WILLIAM WESTCOAT . I am an officer; I found a handkerchief and razor on Micklam, at the watch-house, he said he picked it up on the stairs.(Property produced and sworn to.)
MICKLAM'S Defence. I came home from the parade about half-past ten o'clock, and went to sleep on my bed; Shrimpton was looking out of the window - he gave me a bundle to take down stairs; he took it from me again in the tap-room.
SHRIMPTON'S Defence. I went up stairs; Burn was on the bed, the box was open and the bundle in it; I took it out and gave it to Micklam to take down stairs - I went and pawned it.
HENRY LARKMAN . My clothes were not in a bundle, but laid in the box.
SHRIMPTON - GUILTY . Aged 29.
BURN - GUILTY . Aged 40.
Confined Three Months and Publicly Whipped .
MICKLAM - GUILTY . Aged 25.
ARTHUR SMITH.
871. ARTHUR SMITH was indicted for stealing, on the 14th of April , 2 books, value 2s. 6d. , the goods of James Wild .
JAMES WILD. These books belong to me and my brother; we are partners.
FREDERICK SEIPLAR.
863. FREDERICK SEIPLAR was indicted for stealing, on the 21st of March , 1 book, value 4s. , the goods of Richard Thomas .
The prosecutor did not appear.
JOHN WHATTON.
872. JOHN WHATTON was indicted for stealing, on the 13th of April , 1 pair of boots, value 10s.; and 1 pair of boot-trees, value 10s. , the goods of Charles Evans .
ANN MARY EVANS . I am eight years old, and am the daughter of Charles Evans, who lives in Joseph-street, Somers'-town , he works as a shoemaker . On Sunday morning about eight o'clock I fetched a pair of boots on trees, from No. 16, Hunter-street, and brought them home to be cleaned - I put them into the passage behind the door; I went up stairs for half a minute, and as I came down I saw a man's foot going out at the door, and when I got down the boots and trees were gone - no man lodged in the house; I told my mother a thief had taken them away - I ran out and saw them soon after in Harrison-street; they had been dropped - a gentleman picked them up, and gave them to me; I saw the prisoner at the watch-house next morning.
THOMAS GODDARD . I am a watchman. I apprehended the prisoner concealed in the privy of an empty house in Harrison-street, just before eight o'clock in the morning; I collared him - he said, "It was not me;" I had told him he had stolen the boots; I had heard an alarm, and seen him turn from the corner of Cromer-street, up Gray's Inn-lane, into Harrison-street, with one boot under his arm; I saw him throw it over into an area - the last witness saw the boots and trees, and claimed them.
Cross-examined by MR. PHILLIPS. Q. Did you lose sight of him? A. Yes, when he turned round the empty house; I believe Mr. Wilson, of Cromer-street, is a friend of his, from what he says - he did not say he was going to breakfast with him; the privy is at the back of No. 43, Cromer-street - Wilson attended at Hatton-garden.
CHARLES GEORGE VINCENT . I saw a person, dressed similar to the prisoner, running - he turned the corner of Cromer-street; but I did not see his face; he was running very fast, and there was a cry of, Stop thief! after him - he turned into Harrison-street; I and Goddard followed him; Goddard said he had jumped over a wall - I went to search the empty house, and while I was there Goddard took him.
SARAH COLES . I live at No. 35, Cromer-street. I was going for a bundle of wood on Sunday morning; I sawa man running down the street, with the boots and trees under his arm - I did not see his face; I saw this little child behind him, and asked her what was the matter; I called, Stop thief! and saw him throw the boots out of his hand - I followed till somebody gave the boots to the child.
MARY ANN EVANS . I am the wife of Charles Evans. These boots and trees belong to Mr. Laird, of Hunter-street; I was at the second floor window, and saw a man go out of the passage with them - I did not see his face, only his back.
Cross-examined. Q. You did not see his face? A. No; I had no idea of their being our boots at that time - I was examined before the Justice, but I was so flurried I do not know what I said; I had only laid in three weeks; the man appeared to me to have a dark coat on - I thought it was black.
THOMAS GODDARD . When I took him he had the coat he has now on, a dark green one.
Prisoner's Defence I met Mr. Wilson, who wished me to come and cut out a pair of trousers for him - I went backwards at his house; a little boy opened the door to me - I went to the privy; Goddard came and pulled me out.
JOHN WILSON . I am a painter and glazier, and live at No. 43, Cromer-street. My privy is on the landing place going down stairs - it is a kind of water-closet, but at the back of my house are some carcases of houses with privies to them; my back door is often open; the prisoner is a tailor - he often came to breakfast with me; I expected him that day - I heard a knock at my door that morning, but I was not up; my boy went down, but who he let in I did not see.
COURT. Q. Could he get to your water-closet if he wanted? A. The door opens with a small latch-key - he could go there; there was no occasion for his going to the privy of an empty house.
THOMAS GODDARD . When I took him his clothes were buttoned up - he did not appear to have come there for a necessary purpose; he was in my custody above half an hour, and did not go to any water-closet all that time; he had not time to unbutton himself - from the time I lost sight of the man till I found him he was not two minutes out of my sight; he was dressed the same as when I pursued him - I remarked his shoes being down at the heel, so that he could not run well; I have not the least doubt of him.
WILLIAM SMITH.
873. WILLIAM SMITH was indicted for stealing, on the 14th of April , 2 pewter pots, value 2s. , the goods of Chesman Crofts .
GEORGE THOMAS CLEMMANS . I am a headborongh, and live in Hackney-road ; Crofts keeps the Green Gate public-house , opposite my house. Mrs. Crofts delivered the prisoner into my charge with a pint pot - he asked me to get them to forgive him; I locked him in the cage alone, and in about a quarter of an hour found another pot down the privy, with the prosecutor's name on it.
ELIZA CROFTS . I am the wife of Chesman Crofts. The
prisoner came to the house last Monday, and had a glass of beer, which he paid for, and went into the parlour; he had been to the house several times before; he came out in about half an hour, and gave me the glass; I caught hold of him, and found this pint pot in his pocket - I gave him in charge; he did not seem to labour under any difficulty of speech then, as he does now.(Property produced and sworn to.)
The prisoner pleaded distress, and was evidently labouring under the effects of a paralytic stroke.
Recommended to Mercy . - Fined 1s. and Discharged.
JAMES GABBUTT.
874. JAMES GABBUTT was indicted for embezzlement .
WILLIAM BLADES . I am a baker , and live at Bethnalgreen. The prisoner was in my employ, and entrusted to receive money for me - he left after living with me a week; he booked four loaves to Mrs. Ward that week, and never accounted to me for the money.
Cross-examined by MR. BARRY. Q. Did he not sell a great deal of bread for ready money? A. Not much; he might call on fifty customers, but not above sixteen in one walk, and he accounted to me every time he came home; this could not be a mistake.
CICILY WARD . I live in Duke-street, and deal with Blades. I took two loaves of the prisoner on the Saturday before he left, and paid him 1s. 2d. for them; I never took credit for a loaf, but paid him every day.
Cross-examined. Q. You only paid him 1s. 4d. on the 1st of March? A. No.
WILLIAM BAILEY . I am the prosecutor's servant. I went round on the first day the prisoner came, to shew him the customers. I never knew Mrs. Ward take credit.
Prisoner's Defence. The boy took the money on Saturday. GUILTY . Aged 20.
PETER ALEXANDER VATUS SIMPSON.
875. PETER ALEXANDER VATUS SIMPSON was indicted for stealing, on the 12th of April , 1 shirt, value 5s., and 5 handkerchiefs, value 5s. , the goods of Frederick John Francis George Robert de Seigneux .
FREDERICK JOHN FRANCIS GEORGE ROBERT DE SEIG-NEUX. I lodge at the house of Mrs. Clara Simpson , the prisoner's mother, in Henrietta-street, Covent-garden - she is a widow. I missed a good many things at different times, and among the rest, a shirt and five handkerchiefs were taken out of my bed-room drawers, which is on the second floor - I occupy all the second floor; I charged the prisoner with taking my shirt; he denied it - I found it on his back, and when he found there was an officer in the next room, and that I had marks on the shirt, he said, "It is your's," and took it off; I never gave him authority to take it - he slept on the fourth floor, and had no business in my room; some of the marks had been cut off the shirt, but I knew it by a peculiar seam; the handkerchiefs were also produced to me.
JOHN HUGHES . I am an officer, and found this shirt on the prisoner's back at his mother's house.(Property produced and sworn to.)
There were two other indictments against the prisoner.
NEW COURT, (1st DAY.)
Third Middlesex Jury - before Mr. Common Sergeant.
876. CHARLES SMITH was indicted for stealing, on the 31st of March , 2 pewter pots, value 2s. , the goods of William Cox .
CHARLES FISHER.
877. CHARLES FISHER was indicted for stealing' on the 26th of February , 1 snuff-box, value 10s. , the goods of Silvester Williams .
Judgement Respited .
ALICE MONK.
878. ALICE MONK was indicted for stealing, on the 3d of March , 1 pair of ear-rings, value 12s. , the goods of Henry Barr .
JAMES SCOTT.
879. JAMES SCOTT was indicted for embezzlement .
THOMAS WILLIAM AUGUSTUS DOUBLEDAY . I am a coal-merchant , and live at Pimlico. The prisoner came into my service in February, 1827; he was entrusted to receive monies for me, which he was to enter in this book which I produce.
JOHN VASEY . I am a licensed victualler, and live in Rupert-street, St. James'. I dealt with the prosecutor for coals; on the 11th of September last I paid the prisoner 12l. 18s. for Mr. Doubleday - he gave me this receipt.
VINCENT CUTMORE . I keep an eating-house in Carlisle-street, Soho-square. On the 3d of November I paid the prisoner 12l. for Mr. Doubleday - he wrote this receipt and gave it me.
ANDREW HAYDON . I am a baker, and deal with Mr. Doubleday. I paid the prisoner five guineas for him on the 7th of November - he gave me this receipt, but I did not see him write it.
MR. DOUBLEDAY. On the 11th of September the prisoner paid me no money, but on the 12th he paid me 10l., for Mr. Vasey; on the 3d of November he has entered 10l., for Mr. Cutmore, and on the 24th he paid me 2l. for Mr. Haydon; he has never accounted to me for the balance: he left me on the 8th of December - I had spoken to him a day or two before, respecting an account which was incorrect, and he left me on that day, without notice. On the 10th of December I received a long letter from him, begging me to take him again into my service, and offering to allow part of his wages to pay me the money.
The prisoner put in a written Defence. stating that if there was any deficiency in his accounts, it was owing to his being compelled to drink at different public-houses, in order to get orders - that he was frequently intoxicated, and might have been robbed when so.
JOSEPH HOOKER.
880. JOSEPH HOOKER was indicted for that he, on the 4th of March , at St. John, at Hackney, feloniously did break and enter a certain building there situate, within the curtilage of the dwelling-house of John Smith , and occupied therewith, but not being part thereof, and feloniously stealing 3 rabbits, value 9s. , the goods of John Smith.
ELIZABETH SMITH . I am the wife of John Smith, who lives in Providence-row, Kingsland ; there is a yard round the house - we kept rabbits in the wash-house, which joins our house; I saw them all safe at ten o'clock at night on the 3d of March, when I locked the wash-house door; about half-past three o'clock the next morning my son gave me information; I got up and went to my door, which was tied by a cord to the grape wine - I cut it, and saw the wash-house door was open; there was one rabbit running about the yard, and one was in the hutch; three were missing; the staple of the wash-house door had been drawn.
THOMAS PARKER . I am a fishmonger, and live at Hackney. I had been to the Mermaid, public-house, and about one o'clock in the morning of the 4th of March, in coming down Providence-row, I saw the prisoner and Malcolm coming out of the gate of Mr. Smith's premises; Malcolm had a bag on his shoulder - they went down a turning; Malcolm turned back, and wished me good night - there is a lamp close to the gate, and I am certain of their persons - I did not give any alarm.
Prisoner. He said at the officer, when he came out, that he could not swear to me? A. No, I did not.
JAMES CLARKE . I am an officer. I went to a small house in Abbot-street, and the prisoner opened the door of a back room which he keeps to work in - he is a cabinet-maker; I asked if Malcolm was at home; he said what did I want with him: I said I wanted to speak with him: he said he was not at home; I said I believed he was in the house, and I would go in and see; I went into an apartment up stairs, where the prisoner was at work, and I found Malcolm under the bed; I wanted to go into the back room, which was locked; the prisoner said it was not his room and he would not open it: I said I would break it open; he then took the key off a table, and opened the door: Malcolm went in, and showed me the rabbits in a cupboard - I went to get a bag to put them into, and Malcolm got out of the back window; the prisoner is a cabinet-maker, and was at work on some bed-steps.
THOMAS CLARK . I am a constable. I went with the officer, and found what he has stated - I did not hear any doubt expressed by Parker as to the person of the prisoner.
Prisoner's Defence (written). The boy who committed the offence is my wife's brother, he had been discharged from two situations for committing offences. His mother asked me to allow him to stay at my place till she could get him to sea; I said there was an empty room next to mine, if she would take it, he might work with me; he slept there by himself, and went to his bed on the night of the robbery, after ten o'clock, and I went to mine. I was not out of bed till seven o'clock in the morning; he came into the room, and lighted the fire, as usual; I did not go into his room till the officers came. I said he was not at home, as I thought they had come about some pigeons which his master had lost; I did not wish him to be taken out of my room, as my wife was far advanced in pregnancy.
MARY JANE FIELD.
881. MARY JANE FIELD was indicted for stealing, on the 27th of February , 5 spoons, value 26s.; and 1 pair of sugar-tongs, value, 10s. ; the goods of Catherine Sweetland , widow .
CATHERINE SWEETLAND. I am a widow, and live in Oxford-street ; on the 27th of February the prisoner came to my house, to take a lodging for an elderly lady; she staid about ten minutes, and then went away - she returned, and said the lady approved of the lodgings - she staid about an hour and half, and then went away; I went up and found the door of the room locked and the key gone; I got another key and opened the door; I missed this property, which I had seen safe about twenty minutes before when I was in the room with the prisoner; there was no other person in the house but my female servant, who is not here; the property has not been found.
MARY JANE FIELD was again indicted, for stealing, on the 11th of March , 7 spoons, value 20s.; 1 pair of sugar-tongs, value 12s.; and 1 napkin, value 1s. ; the goods of John Adams .
JOHN ADAMS. I live in Kensington Gore . On the 11th of March, while I was at dinner, the prisoner came to look at some lodgings; my aunt and another person went up stairs with her - the property was afterwards missed, and has not been found.
ANN SLOW BRITT . I live with the prosecutrix's aunt. I was there when the prisoner came - my cousin went up stairs with her, and then she went away; she came again about four o'clock, and said the lady approved of the terms, and that she lived servant with her, at No. 23, Brompton; she ordered tea, and I got it ready; I put four tea spoons and the sugar-tongs on the table, and the napkin was on a table in the next room; she said she wanted two spoons, which I let her have - she asked for some small plates, which I got and then lighted the fire; she then asked for another spoon for the salt which she had - she came down with me, and asked for a plate to fetch some butter, which I gave her - she then ran up stairs for her bonnet, came down and went out; I went up stairs directly she was gone - I missed the spoons, tongs, and napkin; I came down and went after her, but could not find her till she was taken up - she said I had not occasion to prosecute her, and she would tell me where the things were - but when she got to the watch-house she said she could not recollect where she had pawned them, and then said a companion of her's had pawned them.
JOHN WEALD . I took up the prisoner, but none of the property has been found.
WILLIAM CHAMBERLAIN.
882. WILLIAM CHAMBERLAIN was indicted for stealing, on the 18th of March , 1 half-crown , the property of John Sly .
GEORGE KENT . On the 18th of March I was in King-street, Southampton-row . I heard a cry of "Stop thief!" I turned round and saw the prisoner running, with severalother persons after him - I stopped him, and took him into my shop - I found on him this half-crown, which the prisoner said a little boy had dropped and he had taken it up.
FRANCIS PALMER . I am 12 years old - I live with Mr. Sly - I had three half-crowns from him, and was putting them into my pocket in the street - one of them dropped and the prisoner took it up; I asked him for it, and he
said he had not got it; I asked him for it again - he said, if I said he had got it he would knock me down; he tried to make his escape - I called Stop thief! and he was taken.
Prisoner's Defence. I saw the half-crown against a post, about a yard and half from the boy; I took it up but did not know whose it was - the boy came up and said it was his; I asked him what it was, but he could not tell me at first - he then said it was a half-crown. I was going after a man whom I help to cut chaff, and was taken.
THOMAS HOPPING.
883. THOMAS HOPPING was indicted for stealing, on the 1st of March , 2 pewter measures, value 2s. , the goods of Catherine Caldwell .
CATHERINE CALDWELL. I keep the Canteen public-house at Hounslow barracks . I did not miss these pots, but I know them to be mine.
Cross-examined by MR. CRESSWELL. Q. You have a great many troops there? A. Yes - they are not very careful of pots and measures, they never take them off the premises - but when the troops leave there is a general turn out; I do not know whether any articles are ever thrown over the wall of the barracks - we send there regularly twice a day for pots; there is a possibility, certainly, that these might have been thrown away.
JOHN EMMERSON . I am a constable. I was at Fulham on the 1st of March and saw the prisoner with these pots in a bag; I asked what he had got - he said it was the first time he ever stole anything in his life.
Cross-examined. Q. Are you sure he used the word stole? A. Yes - I had seen him about the barracks the day before.(Property produced and sworn to.)
Prisoner's Defence. They were thrown over the wall, and I took them up in the battered state they are now.
WILLIAM WALKER.
884. WILLIAM WALKER was indicted for bigamy .
No witnesses appearing, the prisoner was ACQUITTED .
GEORGE HILL.
885. GEORGE HILL was indicted for stealing, on the 10th of March , 1 coat, value 10s.; 1 pair of trousers, value 20s., and 2 waistcoats, value 15s. , the goods of Thomas Clark .
THOMAS CLARK. I am a pot-boy at No. 5, King-street, Lisson-grove . I have known the prisoner these two years; he lodged in the house, and slept in the same bed with me - I missed my Sunday clothes between eight and nine o'clock on Monday evening, from the box where I had put them that morning; I had locked my box - the prisoner was then gone, and I did not see him again till he was taken into custody; there was a gimblet with which my box had been broken open - I have seen the coat since, but nothing else.
JAMES HILL . I am a pawnbroker. This coat was pawned with me on the 10th of March, by the prisoner; I believe in the name of George Hill; I gave him this duplicate.
SAMUEL WRIGHT . I am watch-house-keeper. The prisoner was brought there on the morning of the 18th of March; I found this duplicate of the coat on him - I have known him about five years; he is a farrier, and worked near a Chapel at which I was beadle for some years before I was made watch-house-keeper; he regularly attended there morning and evening, and I considered him a remarkable steady man.(Coat produced and sworn to.)
Prisoner's Defence. I had been out to look for work - this coat was brought into a public-house where I was, and I bought it for 10s.
MICHAEL HAYES.
886. MICHAEL HAYES was indicted for stealing, on the 1st of March , 2 lbs. weight of mutton, value 1s. 4d , the goods of Samuel Dudley .
SAMUEL DUDLEY. I am a butcher , and live at Shadwell . On the 1st of March, about half past nine o'clock, a man and woman came and enquired the price of a piece of mutton, which I told them; at that time another person came and enquired the price of a piece of beef; I turned to him, and then missed a piece of mutton and the man who had enquired the price of it; I do not know that it was the prisoner, but I recollected I had seen a man and a woman in front of the board - I looked at the woman, and she had not got it; I then saw the prisoner across the road - I went over to him, and said, "I want you" - he said, "What for?" and dropped the mutton behind him; I took it up, and took him.
Cross-examined by MR. PHILLIPS. Q. Had he paid you for any meat? A. No; he had not given me half a crown - I do not know who the woman was; I had not seized another man before the prisoner - I had no mark on the meat, but it was a scrag of mutton which I had cut into three pieces, and this was the best end of it.
GEORGE DEVERELL . I took up the prisoner, and found 3s. 7d. on him.
Prisoner's Defence. The mutton was on the board - I asked the price, he said 8d. per 1b. - take the bit for 1s. 6d; I gave him half a crown, and he gave me 1s. - I took it in my left-hand, and stood about twenty yards from the shop; he came and took hold of another man, then he left him and went back - he then came and took hold of me.
JAMES SWARMER.
887. JAMES SWARMER was indicted for stealing, on the 5th of April , 1 scarf, value 5s. , the goods of Sarah Folker .
SARAH FOLKER. I am single . I lost a scarf from my stall in Spitalfields-market on the 5th of April; it was brought back in about two minutes after I missed it; the prisoner was brought back with another person - I had seen him about the market.
MARY HART . I stand in the market. On Saturday morning, between eleven and twelve o'clock, I saw the prisoner, and a person named Stone, near the prosecutrix's stand - Stone put his hand between two women, and drew out the scarf, which he gave the prisoner, who put it into his side pocket; they came up towards me, and I caught them both; the prisoner said he had nothing - I said, "You have." and I took it from his pocket - I gave them both to Mr. Gregory.
JOHN BARRS. I produce the scarf, which I took from Mr. Gregory, the treasurer of the parish; I took the prisoner and the other person, but he got over the wall of the lock-up place.(Property produced and sworn to.)
Prisoner's Defence. I saw a number of women looking into the basket, and this shawl laid down - I took it up and put it into my pocket.
JOHN YOUNG.
888. JOHN YOUNG was indicted for stealing, on the 25th of February , 1 bronze figure, value 3l.; 1 brass pointing tool, value 2s., and 1 drill stock, value 1s. , the goods of Edward Hodges Bailey , his master.
EDWARD HODGES BAILEY. I am a sculptor , and live in Percy-street, Bedford-square . The prisoner was in my employ for five months previous to the 25th of February; this figure, this pointing tool, and drill stock, are mine - they were on my premises, but I do not know when they were taken - I have missed a number of things.
Cross-examined by MR. PHILLIPS. Q. Is it not an old image? A. It is 2000 years old; I purchased it - it is a figure of Lucilius; I have no mark on these tools.
JOHN PARKER . I am foreman to the prosecutor. I went to No. 8, Marchmont-place, where the prisoner lodged; he was not there, but I found his wife - I found this figure, this drill stock, and this pointing instrument, there; which I believe to be Mr. Bailey's - the figure was missed while the prisoner was there.
Cross-examined. Q. Where did you find the prisoner? A. In the street; I did not know that he lived there - some of the men told me of it.
WILLIAM WESTBURY . I am an officer. I went to the lodging, and found these articles. I did not see the prisoner there, but he was taken about six o'clock in the evening. Parker, who was with me, said, "That is the man;" and I took him - and said I had a warrant against him, for taking some things from Mr. Bailey, he said,"Very well, I can answer to that;" and we went to the Office - when we got there, I said, "Do you know anything about a little bronze figure, and some tools?" he said, "No;" I showed him the figure, and he said,"That I found among some rubbish;" I told him I had been to his house, No. 8, Marchmont-place.
Cross-examined. Were not his children playing with this image? A. No.
WILLIAM WOOLS . I know this figure to be Mr. Bailey's. I had put it into the drawer of the bench in the study; it was not locked - when it was missed, I asked the prisoner about it, he said he knew nothing about it.
Prisoner's Defence. I am placed in a very serious situation; I have had a responsible situation, and conducted the business of an eminent man in the City, and no one could say anything against me. I was able to get a sum of money, and intended to go into business, but through good nature to others. I lost it, and went to work again as journeyman. If I had known of these things being stolen. I would not have stood here to vindicate myself, but have pleaded guilty - I have an aged mother, who, though poor, is honest, and never had any of her family placed as I am at this time; I know it will be the breaking of her heart; I have a wife and three children, whom I have brought up with the respectability of a tradesman, and I feel the dreadful idea of being torn from them, and leaving them to the mercy of a world, that will frown on them. I have been in confinement for six weeks, with men, whose characters I detest, with thieves of the worst description - and am forced to hear all kind of language; which has been a punishment more severe than any I ever felt - never having been in confinement in my life. With respect to the image, on the 5th of November, I had occasion to go to a pump which supplies the prosecutor's shop with water; and near there is the rubbish heap, and it frequently happens, that tools are carried out with the rubbish, and thrown there. I saw a chisel of my own there, and took it up - I then turned over the rubbish and saw the image, which I took home, and gave my children to play with - and not only them, but the children at the house I live in, have played with it likewise; they have had it out in the street, where it might have been lost; and should I have shown it, if I had taken it with a guilty knowledge. I did not think it belonged to Mr. Bailey - I never saw it in his shop in my life; one of the witnesses says he put it into a drawer, which is in an open shop, thought he called it a study - there are ten or fifteen men work in the shop - he said before the Magistrate, that Mr. Bailey gave it him to put on a pedestal, and he put it into the drawer, and thought no more of it, till it was asked for, which shows how little they thought of it; one of these tools is my own - and I have used it to work with of an evening, at home: and I can declare I have had it these five years, as my father-in-law can prove, though he cannot identify it. I had left three pair of Louises with Mr. Bailey's foreman. which were worth 3l., with an understanding, that if I had anything of Mr. Bailey it should be returned - when I came for the Louises. I then went to work at King's Palace, in St. James's Park, and found I had this drill-stock, which is Mr. Bailey's; it is a worthless thing - have several of them. I told my wife if they called, to give it to them - a man did call, and brought the Louises, but my wife forgot to give him the drill-stock. I can assure you, I had not the least idea of stealing anything; I have felt much my awful situation - my home is gone to wreck and ruin; I have been forced to part with what little property I had; I have not been able to provide any thing for my family to stand up in, or to rest their bones upon: and if I am torn from them the work-house must take them.
WILLIAM WOOLS re-examined. Q. How soon after the figure was missed did you speak to the prisoner about it? A. Immediately; I believe it was about four months ago that I had it from Mr. Bailey; the prisoner said he had seen it on a shelf, some time before.
JOHN PARKER re-examined. Q. Was there any agreement made about anything being returned? A. No; he left these Louises with me; I sent them home by one of the men - this drill stock cost 25s.; I have another pen which is made to fit it.
WESTCOT re-examined. Q. Did the prisoner's wife tell you there was something belonging to Mr. Bailey, but it
was to be sent back? A. No; she got up on a chair and took the image off a shelf in her right hand; I said"What have you got?" she said "Nothing;" I took hold of her hand and found the image in it; the tools were on the same shelf; she did not say the image had been found.
HANNAH NASH . My husband is a carpenter - I keep the house where the prisoner lives; I have seen this image on the shelf there, and have repeatedly dressed it up as a doll for the children to play with: there was no concealment of it; the prisoner had a very honest character.
WILLIAM YOUNG . The prisoner is my son-in-law; I have seen him using an instrument similar to this, for four or five years, but I cannot swear it was this.
COURT to JOHN PARKER . Q. Have you looked to see whether articles of this description are missing? A. Yes; the prisoner left us about the 2d of February; he was a mason in Mr. Bailey's employ - he must have known the image was of value; I had mentioned it to several persons.
Of stealing the image . - Recommended to mercy by the Jury. Fined One Shilling and Discharged.
ISAAC WATTS.
889. ISAAC WATTS was indicted for stealing, on the 16th of March , 1 coat, value 5s. , the goods of John Wratten .
JOHN WRATTEN. I am a cellarman , and live in King-street, Golden-square , the prisoner lodged for six or seven nights in the same room with me; on the morning of the 16th of March, I heard some one come down stairs about twenty minutes before seven o'clock, I went to see who it was, but the person was gone; I went up stairs and missed my coat - I came down and went out, but could not see the prisoner; the next morning I saw my coat at Mr. Romanells.
ROBERT CREASEY . I live at the Coach and Horses public-house in Davies-street; on the morning of the 16th of March, the prisoner brought this coat into the taproom for me to buy - I would not buy it, but I went and sold it for him to Mr. Romanell; I afterwards heard it was stolen; I went and took him about half-past six in the evening - he said, "Let me go Bob, I will make it all right;" I had not told him what I took him for - there was nothing else he could be talking about; I had known him about six weeks and I considered him honest.
ABRAHAM ROMANELL . This witness came and sold me this coat on the 16th of March.(Property produced and sworn to.)
CHARLES CATESBY, WILLIAM MASON.
890. CHARLES CATESBY was indicted for stealing, on the 4th of March , 1 pair of boot-legs, value 7s. , the goods of John Mallam ; and WILLIAM MASON was indicted for feloniously receiving the same, well knowing them to have been stolen; against the Statue, &c.
JOHN MALLAM. I am a broker and live in Milman's-row, Chelsea; I lost a pair of boot-legs, a small cutting-board, and a pair of gloves, from a box which I had desired the prisoner Catesby to take from my brother's house to mine - I had seen them safe at about half-past ten o'clock; the box was full - I cannot tell what time he fetched it; but when the box was in my shop, and the prisoner was gone, I missed the articles stated; I made enquires which way he was gone, and in about ten minutes I found him tipsy in the tap-room of a public-house - I called him out and said, "What have you done with the boot-legs;" he said, with an oath, that he knew nothing about them; I gave him in charge - I have found the gloves since, but not the other things.
Cross-examined by MR. CRESWELL. Q. Is any person here from your brother? A. No, I was not at home when he brought the box there.
CHARLES HAYWARD HUGHES . I went to take the prisoner Catesby, at the Admiral Kepple public-house; I found a pair of yellow gloves - I locked Catesby up, and went back and took Mason, who is a boot-maker in little College-street; I said, "You had a pair of boot-legs from Catesby?" he said, "No, I have not;" I then went back to the Admiral Keepel public-house.
ISAAC HUGHES . I am a labourer; I was in the Admiral Kepple public-house, and saw Catesby there, offering a pair of boot-legs for sale - Mason came in, and he took them out to offer them for sale; he returned back, and said, he could not sell them - I did not see what he brought back.
GEORGE COGGAN . I received these gloves from Catesby; I gave him half a pint of gin for them.
WILLIAM GELL . I am a boot-maker; Mason applied to me to buy a pair of boot-legs - I refused; he said he should return them, and that he was to have a treat, or a shilling, or something of that kind for his trouble - I advised him to take them back, which he did.
CATESBY - GUILTY . Aged 30.
MASON - NOT GUILTY .
ELIZEBETH COOPER.
891. ELIZEBETH COOPER was indicted for stealing, on the 5th of November , 1 bed, value 20s.; 1 bolster, value 3s.; 2 sheets, value 5s.; 2 blankets, value 5s., and 1 quilt, value 3s. , the goods of Charles Adams .
ANN ADAMS . I am wife of Charles Adams, and live in Tothill-street ; the prisoner came to lodge with me the last day of October, and said till November - when she was gone a neighbour gave me information; I went to her room and found it fastened; I got the door broken open and mssed a bed, a bolster, two sheets, two blankets, and a quilt, which I have never seen since; I gave information at Hatton Garden, and she was taken the beginning of February - I had been into the room but once while she was there.
MARY DRABELL . I was at the side of the house on the 5th of November, and saw the prisoner go out with a large bundle; I do not know where.
WILLIAM WESTCOTT . I took her up; she denied all knowledge of it, and said, she had never lived with the prosecutor - I locked her up and said to her, "Mrs. Cooper, how can you brazen it out in this way?" she said, I had no right to know her.
Prisoner's Defence. I lost my husband; I have two children and was in distress - I intended to remove, but never robbed her.
PHILIP SAVEAKER.
892. PHILIP SAVEAKER was indicted for stealing, on the 8th of March , 1 handkerchief, value 2s., the goods of John William Innes , from his person .
JOHN WILLIAM INNES. I was in Regent-street on the 8th of March - the officer came and asked if I had lost anything; I felt, and missed my handkerchief, which I had safe about a quarter of an hour before. I saw him take the handkerchief from the prisoner's breeches.(Property produced and sworn to.)
WILLIAM WHITTINGHAM . I am an officer. I saw the prisoner take the handkerchief, and seized hold of him.
Prisoner's Defence. I was walking up the street at a quarter after seven o'clock that evening; I saw a young man run before me, across the road; I saw the handkerchief on the curb, and took it up.
JOHN LYNN, WILLIAM SIMMINGTON.
893. JOHN LYNN and WILLIAM SIMMINGTON were indicted for stealing, on the 18th of March , 1 watch, value 30s.; 1 watch-chain, value 1s.; 1 seal, value 5s., and 1 key, value 1s., the goods of John Withcomb , from his person .
JOHN WITHCOMB. On the evening of the 18th of March, I met Simmington in Russell-street; he spoke to me about a row - I understood he was a Scotchman; we went into several public-houses; the last was the Horse and Groom, in Bedfordbury ; I went to sleep there, and knew nothing of the transaction till I was awoke by the landlord; I had seen Lynn at a public-house in Chandos-streets - I was asked by one of them what the time was; I took my watch out, and the chain broke; Simmington then put my watch into my pocket, and we went to the Horse and Groom - I am sure I had it when I went there; I found the bottom of my fob cut off.
SAMUEL MOORCROFT . I am waiter at the Horse and Groom. On Tuesday evening, the 18th of March; I saw the prosecutor and the two prisoners come in; they sat down, one on each side of him; I saw his fob turned inside out - I thought they were his friends: I saw him go to sleep; I think it was Simmington who I saw putting his fob in again - the other prisoner was on the other side of him, and could see what was done; I cannot say that Simmington was sober.
JOHN SOUTHERWOOD . On Thursday, the 20th of March I was going up Knightsbridge, and was told to go into the barracks, where Simmington was delivered to me by the commanding officer, and he went with me to find the other prisoner; we then went to several pawnbrokers, and at last found the watch - they were both in uniform.
ROBERT MARKS . I am a pawnbroker. I have a watch, pawned with me by Lynn, in the name of John Knapp, on the 19th of March - I am certain of his person.
JOHN KITTS . I belong to the Coldstream Guards. On the 18th of March I saw Lynn in Chandos-street; he said he was going to get something for supper, and went into a shop to get some bacon; the prosecutor and Lynn then came along; Simmington said, "This is the man for me;" we then went to a house to have half a pint of gin; I said it was time to go home - the prosecutor pulled out his watch, and the chain broke; Simmington then put the watch into the prosecutor's pocket; I then went on with them to the Horse and Groom, and left them there.(Property produced and sworn to.)
SIMMINGTON's Defence. The prosecutor said he was a townsman of mine, and I gave him my direction to call - I had no idea that he was going to charge me with such a thing.
LYNN - GUILTY . Aged 20.
SIMMINGTON - NOT GUILTY .
JOSEPH JASPER.
894. JOSEPH JASPER was indicted for stealing on the 28th of February , 1 watch, value 15l.; 2 seals, value 8l.; 1 watch-chain, value 5l.; and 1 watch-key, value 15s., the goods of Samuel Owtram Bacon , from his person .
SAMUEL OWTRAM BACON. I am a gentleman . I live in York-place, City-road. About two o'clock on the 28th of February I was in Goswell-street-road : I met a young man whom I did not observe till he that nearly past me - I cannot say whether it was the prisoner or no; but I lost my watch, chain and seals, and the person who robbed me ran down a court within two yards of me. I ran a few yards down the court, and two persons ran out from a projecting building, and held up their hands as if to stop me - they asked what was the matter; I said, "You are part of the gang that robbed me of my watch;" they turned round, and said they would find it for me; we ran on, and a little boy came up and said,"Sir, I can run fast, I will keep them in view;" he kept them all three in sight thorough a veriety of winding turnings, for I suppose a quarter of an hour - one of the three persons who were running was most undoubtedly the person who robbed me, but I cannot swear the prisoner was one - I kept sight of them, except when they turned the corners, and when I turned, I still saw three persons running - the constable happened to be passing near the New River, where I understand they ran, from, Mr. Rhodes' brick-field, but I did not see that - I have got my watch; a man of the name of Knight gave it the constable, and he gave it me: the swivel was broken in taking it from me - only one person took my watch, and in the court he was joined by two others, who pretended to be pursuers - I should think the other could not have escaped while they came up to me; there were but a few seconds elapsed; my attention was chiefly directed to them when they stopped me - there are houses at the bottom of the court.
JOHN FELSTEAD . On the 28th of February, I met the prisoner, and two others, running about fifteen or sixteen yards from the top of the alley; Mr. Bacon was two or three yards from them - I am certain the prisoner was one; I followed till I heard that one was stopped by an officer near the river - I did not lose sight of the prisoner till I saw him in the hands of the officer; I did not see him do anything - I went to my place.
Prisoner. Q. How many people were running? A. Only three; I and two little boys came up - they turned into a factory where they work.
ANN PARKER . I sweep a foot-path near the New River. I saw the prisoner, and two other young men, come up near the river; they said to one another "Run," and they turned to the right; a man, I a woman and child, were there - the man went to take hold of them, and they all fell down
together; they all got up, and ran away - the officer pursued, and brought back the prisoner: I saw something go into the river, but cannot say who threw it, or what it was - it was something yellow, but whether it was a watch or an orange I cannot tell; there were several persons about them - I am certain the prisoner was one of the persons; he was brought back; I pointed out the spot where the watch had been thrown, to the man who came up with the drag - he got something out, but he put his hand on it, and I could not see what it was.
SPARROW PRYOR . I was standing near my door, at Howard's-green, on the day in question; I saw the prosecutor go by the door; I asked what was the matter; he said he had been robbed of his watch, and those were the three persons; the officer came up, and took the prisoner, who was one of them - my house is about a quarter of a mile from Goswell-street.
JOHN THOMAS WRIGHT . I am a constable. I was near the New River on the 28th of February; I thought I heard a cry of Stop thief! I looked over into Rhodes' fields, and saw a great number of people; the prisoner and two others came out of the gate; I seized the prisoner, and he knocked me down; I got up, and pursued: I caught him again in about a hundred yards from the place, and kept him - he called for assistance, and one of the other two had a large stick, which he was about to strike me with; I took out my staff, and when they saw that, the other two ran away: I saw what I believed to be a hundful of skeleton keys thrown into the river by the prisoner; he said, "Take them," and threw them up - they all spread, and went into the river; I found this screw-driver on him.
JOHN KNIGHT . I dragged the New River on the 28th of February, at a place which several people pointed out to me, and found this watch.(Property produced and sworn to.)
Prisoner's Defence. When the prosecutor came up to me, he said, "I think that is the man; I have transported one man; and I will transport you if it lies in my power;" the boy declared he did not know me. I ran with others on hearing the cry; I solemnly declare my innocence.
THOMAS MEYELL.
805. THOMAS MEYELL was indicted for stealing, on the 5th of March , 1 watch, value 3l., the goods of Thomas Dudley , from his person
THOMAS DUDLEY. On the 5th of March, between eight and nine o'clock in the evening, I was asleep at the Britannia Arms, public-house, Camden Town ; I had my watch just before I got to the house; Drummond came and awoke me, and asked if I had lost my watch; I said Yes; this is it - I can swear to it,
THOMAS DRUMMOND . I am waiter at the Britannia Arms. I went into the tap-room, and saw the prisoner laying on the seat, and taking the watch from the pocket of the prosecutor, who was asleep with his head on the table; I pushed the table on one side to seize the prisoner, and caught the ribbon of the watch as it was going into the prisoner's hand - the prisoner goes by the name of Doggy - the prosecutor awoke, and said it was his watch. Property produced and sworn to.)
Prisoner's Defence. The prosecutor came in, and asked for the nine o'clock coach. He had scarcely spoken when the coach came up; he went out, came in again, and took out his watch, and placed it on the seat; Drummond came in, and took it up - no one went near him but the waiter.
JAMES RICHARDS.
896. JAMES RICHARDS was indicted for embezzlement .
JOHN HEAFORD . I am a potatoe-merchant , and live in Well-street, Oxford-street. The prisoner came into my service on the 24th of September last, and was put into a shop of mine in Fitzroy-market - he was to account every night, when he shut up, for what he took in the day. On the 3d of November he was taken up on another charge - he never accounted to me for 9l. 15s. received from James Pritchard.
JAMES PRITCHARD . In October I paid the prisoner 9l. 15s., in three payments, 3l. 5s. each time, for three tons of potatoes; the last time was the 25th of October.
JAMES GIBBS . I took the prisoner on another charge. and he asked me to let him write a note, which I did, he escaped from me.
COURT to JOHN HEAFORD . Q. Suppose he paid the money to your clerk, would it not have done as well? A. Yes; but my clerk never went round to my knowledge.
897. JAMES RICHARDS was again indicted for a like offence .
THOMAS HEAFORD . The prisoner never accounted to me for 19l. 10s, received of Mr. Webbs; the goods were sent from the wharf to Mr. Webbs' - they were not taken to the shop where the prisoner was; he was engaged by me according to a written agreement - he had to right to take this money, nor the other as a servant.
JOHN JONES, WILLIAM SMITH.
898. JOHN JONES and WILLIAM SMITH were indicted for stealing, on the 26th of February , 30 lbs, weight of lead, value 5s., belonging to the St. Katharine's Dock Company , and there fixed to a certain building, against the Statute .
SMITH pleaded GUILTY Aged 17.
JOHN THORLEY . I am a watchman to the St. Katharine's Dock Company. I was calling eight o'clock in the evening of the 26th of February, and missed some lead off a wash-house, which I had seen safe an hour before: I heard a noise in an adjoining stable; I waited a few minutes, and saw Smith crawling out on his hands and knees - he said,"There is another boy inside;" Jones then came out, and ran as hard as he could; I overtook him, and brought him back - I found this lead in the corner of the stable; I fitted it on the top of the wash-house - it matched exactly; I gave the prisoners in charge - they said they had just come from on board ship.
RICHARD HENRY BURGESS . On the 26th of February the prisoner and Smith were brought to me, charged with stealing this lead off the house which I live in - it belongs to the St. Katharine Dock Company; I found no knife on them, but Jones said there had been a knife thrown away.
JONES'S Defence. I was on board the Betsey, of Dundee; I came on shore, and this man caught hold of me - another boy came up, and said, "That is not the boy;" he then took me to Smith, who said he knew me, but he had never seen me before - the watchman persuaded him to say he knew me.
Both Transported for Seven Years .
WILLIAM JENNINGS, WILLIAM WRIGHT.
Imprisonment; Imprisonment
899. WILLIAM JENNINGS & WILLIAM WRIGHT were indicted for stealing, on the 13th of March , 2 pairs of window sashes, value 24s., and 21 panes of glass, value 50s., the goods of Joseph Pickle Seddon , and fixed to a certain building of his, against the Statute .
JOSEPH PICKLE SEDDON. I have a house in the parish of Stepney , near to where I live. On the evening of the 13th of March, about seven o'clock, I heard some persons were breaking windows; I went there and gave the alarm of thieves - we got lights, and I perceived that two pairs of sashes were gone from the house, and in a few minutes I heard that Jennings was in custody - I soon afterwards saw Wright in custody; the house was not finished, but the sashes were in.
HENRY HUBBARD . I am a publican; I live near Mr. Seddon; I went out between seven and eight o'clock, and heard a noise like the breaking of glass; I went and told Mr. Seddon, and we surrounded the house - I got into the yard, and found Wright behind some timber; the window sashes were then out; I did not see Jennings.
RICHARD SMITH . I heard the noise, and found Jennings in the yard of the first house; not that from which the sashes were taken, but the yards all join together; he was against some timber, trying to made his escape over the pales.
JAMES CREW . I am a constable; I was called to take charge of the prisoners; I found this knife and this string on Jennings; I then saw him putting his hand into his pocket, and I found in that pocket this escutcheon of a door, which matched to the next house to the one the window sashes were taken from: I asked him next morning where they were going to sell the glass; he said he did not know, and that he and Wright broke the sashes.
JOSEPH SCARLETT . I built the house and these sashes belonged to it: they had been pulled to pieces and the glass taken out.
HENRY THOMAS SCHEIR . I heard a noise; I ran to the front of the building: I looked up and saw some persons: I entered the house by the fan-light and opened the shutters; I went back with Hubbard, and saw what he has stated.
Prisoner WRIGHT. The officer asked which of us was going to sell the glass, and we said we had none to sell.
JENNINGS - GUILTY . Aged 15.
WRIGHT. - GUILTY . Aged 16.
Confined Five Months .
JOHN PAGET, JAMES WEST.
900. JOHN PAGET and JAMES WEST , were indicted for stealing, on the 28th of February , 1 purse, value 1s.; 1 sovereign, 16 shillings, and 7 sixpences, the property of Simon Davill Robinson , from his person .
SIMON DAVILL ROBINSON. On the 28th of February about five o'clock in the afternoon, I was near the Brunswick Theatre ; I lost a purse, containing a sovereign, and nearly 1l. worth of silver, from my left-hand pocket; I did not see it taken, but Paget was by my side, and I was encircled by a number of persons - I got out of the crowd, and a woman said, "I think you are robbed;" I felt my pocket-book, which was safe, and my watch; but my purse was gone - I saw West in the crowd; he grasped my left arm and held it up.
Cross-examined by MR. BODKIN. Q. How long had you been in the crowd? A. Perhaps three minutes - there was a rush made upon me; Paget was as close to me as possible; I could not get rid of him - I had my purse safe when I was in the Minories about ten minutes before.
Prisoner WEST. Q. Were there not a great many people pushing? A. Yes; but no one had hold of my arm but you; I do not know whether you were pushed by others - but I was grasped round my body with considerable violence; I did not see a fire engine coming along.
GEORGE JUDGE . I am a constable. I was near the Theatre about five o'clock, and saw Paget, with five or six others, make a rush on the prosecutor - Paget then came out, and went into the Horn and Horse-shoe, public-house; he called for a glass of porter, which he drank - I took hold of him, and said I wanted him: he took something out from his pocket and threw it behind him - a gentleman took it up; I asked him for it; he would not give it me, but gave it to the landlord - I asked the landlord for it; he counted the money out of this purse and gave it me - I got Paget in the room with some difficulty; he swore he would not be handcuffed; I left him in charge while I went to look for the man who took up the purse, but I had my eye on him - it was not more than half a yard.
Cross-examined. Q. Where was the settle under which the purse was thrown? A. Close by me; it was a person named Robinson who took it; I have been for him, but he is not there - I do not think he is a very good character.
Prisoner WEST. Q. Did you see me at the time Paget went into the house? A. Certainly, but he did not go into the house - he was close to the door; I saw him in the crowd with this stick - he was close to Mr. Robinson.
RICHARD CARTER . I saw the two prisoners near the Brunswick Theatre, close to the prosecutor - I saw both Paget's hands round him; I said to Judge, "He has got it. follow him" - he went to the public-house, and drank the beer, and there he was taken; I saw him throw something down, hut could not see what it was - it was taken up by a man who has absconded; I saw him give it to the landlord, and he gave to Judge; West was close to Paget in the mob.
Cross-examined. Q. Then you could not see what was thrown away? A. No; the prosecutor was not a dozen yards from the place; there was not a fire-engine coming by - there was a rush among the people - not among all the people.
Prisoner WEST. Q. How long have you known me? A. A long time - I never knew you charged with theft, but you have been in trouble about cups and balls.
JOHN AVERY . I saw the two prisoners near the Theatre - I saw Paget draw his hand out of Mr. Robinson's pocket, and soon afterwards I saw a red silk purse in his hand;
he went to the public-house and had a glass of beer, and I saw him throw something under a form or stool near the door - I was going to tell Carter of it, but the street-keeper stopped me.
Cross-examined. Q. What are you? A. A labourer; I have been for ten months working at a pastry-cook's, in Cannon-street - I was along with Carter at the Theatre; I was going to get a situation; I was about to tell Carter and Judge of it - I am quite sure I saw Paget's right-hand come from Robinson's coat pocket, and just afterwards I saw the purse in his hand; I am quite sure it was not his breeches pocket - I saw the purse before the Magistrate, but I knew before that it was a red silk purse.(Purse produced and sworn to.)
Prisoner WEST to JOHN AVERY . Q. Did you see me at the time near the gentleman? A. I saw you make a sudden rush after the gentleman was robbed - you and several made a rush; I saw you near him at the time of the robbery - you had the coat on which you have now, and an ash stick; I had seen you following Mr. Robinson for two or three hours.
PAGET's Defence. One man swears I took it out of his right-hand pocket, and another his left; I never saw it.
WEST's Defence. I merely came down with some of the neighbours; I have lived there ten years, and no one can say wrong I did. NOT GUILTY .
LYDIA CASEMERE.
Fourth Middlesex Jury - before Mr. Sergeant Arabin.
901. LYDIA CASEMERE was indicted for stealing, on the 11th of March , 1 watch, value 50s.; 1 chain, value 1s., and 1 seal, value 10s. the goods of Richard Osborn , from his person .
RICHARD OSBORNE. I am a carpenter , and live at No. 9, Dean-street, Holborn; between half-past ten and eleven o'clock at night, on the 11th of March, I met the prisoner with another person; I was quite sober; and had twenty numbers of a large book under my arm - they began to pull them away. I desired them not to do so, and put up my right hand to secure the numbers - I had not gone far before the prisoner took my watch, and gave it to the other, who ran across Holborn to the corner of Feathers-court; I pursued her, and cried, Stop thief! - the prisoner kept coming in contact with me to stop me; when I got to the corner of the court, the woman with the watch had got down the court - I met a watchman, and told him to take the prisoner, but he rather hesitated, and would rather take me; another watchman came up, and took her.
JOHN MURPHY . I am a watchman. I took the prisoner to the watch-house; the prosecutor charged her with robbing him of his watch - she said she did not take it, and she wanted me to take the prosecutor in charge, and said he had struck her.
Prisoner's Defence. I was coming down Holborn; when I passed Dean-street I heard this gentleman call Stop thief! - I saw no female there, but several gentlemen; he rushed by me and knocked me down - I asked what he knocked me down for; he turned back again and said he believed I was one of the women who took his watch; it was full a quarter of an hour before the watchman came up.
RICHARD OSBORNE . I never said I only believed she was the woman; I said she was, and gave charge of her.
EDWARD BARKER.
902. EDWARD BARKER was indicted for stealing, on the 28th of February , 1 watch, value 10l., the goods of Daniel Curling , from his person .
LOUISA MEARS.
903. LOUISA MEARS was indicted for stealing, on the 26th of March , 2 rows of coral beads, value 7s., the goods of William Gardiner , from the person of Sarah Anna Gardiner .
SARAH GARDINER . I am the wife of William Gardiner, who is a baker , and lives in High-street, Bloomsbury . On the 26th of March, about twenty minutes before four o'clock, my daughter Sarah Anna was standing at the door- she is two years and a half old; she had two rows of coral beads round her neck; I heard some one say, "That woman has taken the child's necklace;" I looked out, and saw the child without the beads; I did not see the prisoner.
ELIZABETH COOMES . I was passing the prosecutor's house, and saw the child standing about two yards from the door - I saw the prisoner and another come up to her; the prisoner kissed the child, and took the necklaces - I I thought there was something wrong, and I said, "I don't think she belongs to the child;" I then saw her run; I went to her, tapped her on the shoulder, and said, "You have taken the necklace from that child;" the constable came by, and took her back; she was taken in; Mr. Gardiner searched her, but nothing was found on her; the constable then said, I must go up to the watch-house; - I said I was very sorry, I thought the woman would have given it up; I was then taken to the office to give evidence.
Prisoner's Defence. I was running in a hurry, and the child stood before me; I moved the child aside, and that lady accused me of taking the necklace; I stopped, knowing I was innocent.
MARGARET ROSE.
904. MARGARET ROSE was indicted for stealing, on the 31st of February , 5 silver tea-spoons, value 3l.; 3 table-cloths, value 10s.; 3 pairs of trousers, value 20s.; 6 sheets, value 20s.; 1 fish-slice, value 10s.; and 2 shirts, value 10s. ; the goods of Alexander Anderson , her master.
ALEXANDER ANDERSON. I now live in Union-street; I did live in Bond-street, and the prisoner was my servant for seven years - and since the death of my wife, (in May last,) she had the whole management of my house; I missed some property the begining of March - I could not get spoons, or sheets, or anything to use - they were all gone; some of my articles have been found in pawn, but not one quarter of them; I missed six or eight spoons, and other things - I never permitted her to take anything.
CHRISTOPHER GREAVES . I am a pawnbroker, and live in Bulstrode-street - I have two table-cloths, a fish-slice, a table-spoon, six sheets, a pair of trousers, two shirts, a waistcoat, and a quilt, which Mr. Anderson cannot swear to - some of them were pawned by the prisoner. but I cannot say that all were; I swear she pawned this waistcoat - I remember it perfectly well - they are all pawned in the name of Rose, some as Margaret Rose, and some as Ann Rose.
HERBERT JOHN CLARK . I am a pawnbroker. I have a table-cloth and salt-spoon; I cannot say who they were pawned by - they are both in the name of Ann Rose.
WILLIAM PARKER . I am a pawnbroker. I have two pairs of trousers and two table-spoons, pawned by the prisoner.
ROBERT TURNER . I am watch-house-keeper - the prisoner was charged by her master with an assault on Saturday, the 1st of March, and on the next day a person came and represented himself as her brother - he spoke to her, and she gave him these duplicates - I would not allow him to bring them away but took them from him and the prisoner was taken before the Magistrate.(Property produced and sworn to.)
The prisoner put in a written defence, stating that she had pledged the property by the prosecutor's desire, in order to procure articles for the house; that she could not get her wages, and the prosecutor beat her unmercifully on her asking for them.
MR. ANDERSON. She got drunk on the Saturday night. I had two ladies at my house, she quarrelled with them and struck them - I said, if she did not be quiet I should give charge of her. I then examined the house and missed the property; she had no authority to pawn any of the things; I did not owe her a farthing for wages - she was paid beforehand; I have reason to believe her father pawned some of them.
CHARLES HARMSWORTH.
904. CHARLES HARMSWORTH was indicted for stealing, on the 8th of April , 12 copy-books, value 8s. the goods of Henry Winchester and Arthur Varnham , his masters.
ARTHUR VARNHAM. I am in partnership with Mr. Henry Winchester - we are stationers ; the prisoner was in our employ for four years. On Tuesday morning a little after eight o'clock, I was induced, from information, to look into his coat pocket; I took from thence seven copy-books - I put them in again and let him go out to breakfast; when he got out I called him back and asked what he had got in his pocket - he said "Nothing;" I said that would not do for me - he then said he had a few copy-books, and I took from his coat pocket five copybooks with this wrapper, which had contained the dozen; I then looked in his other coat pocket and found these seven, which I had seen before - he said he had taken them to show his boy to see which he liked best.
JOHN FLETCHER MILLER . I am in the employ of the prosecutors. I found there was something in the prisoner's jacket, and told my matser of it; he looked and found the copy-books.(Property produced and sworn to.)
The prisoner put in a written defence, stating that he had taken the books to teach his children to write; he received a good character. GUILTY. Aged 34.
ROBERT GLOVER.
905. ROBERT GLOVER was indicted for stealing, on the 13th of March , 36 lbs. weight of lead, value 6s. , the property of James Cadwallader Parker , his master.
JAMES CADWALLADER PARKER. I am a glazier , and live in Spur-street, the prisoner was in my employ as a labourer , and went on the 12th of March to the plumber who was at work at the Penitentiary, where I was doing some repairs; I had a great quantity of milled and other lead in my shop.
JOHN BOSTON. I live in Tottenham Court Road; I saw the prisoner on the 12th of March, in Parliament-street, going towards Westminster Bridge; I watched him and saw something very bulky in front of him; I said,"You have something here?" he said, "No, I have not;" I said, "Yes you have, and you must go with me;" the street-keeper came up and took him.
THOMAS THOMPSON . I am street-keeper; Boston called me - I searched the prisoner and found this piece of lead hanging before him, inside his trousers, fastened by two nails to his braces.(Property produced and sworn to.)
Prisoner's Defence. I was coming to the shop, and met a person with this lead, who asked me to carry it for him.
Confined for Three Months .
JOHN SCOTT.
906. JOHN SCOTT was indicted for stealing, on the 28th of March , 3 snuff-boxes, value 2s. , the goods of James Smith .
JAMES SMITH. I am a tobacconist , and live at No. 27. Quadrant . On the evening of the 28th of March, between nine and ten o'clock, I and my wife were in the parlour; she heard something, and went into the shop; the prisoner was there - he asked for a situation; she said, she knew of none; but on looking round, she saw a gap in the boxes in the window - I went out and seized the prisoner; I asked if he had taken any boxes, he said, No, I said, if he had not, he knew who had; I searched him, but found nothing - I fetched the watchman who found these three boxes in his breeches; I had boxes of this description in my window, and I believe these to be mine - he must have reached out his arm to get them.
JOHN MADDEN . I am a watchman; I was called, and found these three boxes in the prisoner's breeches.
ANN SMITH.
907. ANN SMITH was indicted for stealing, on the 21st of March , 10 yards and a half of gingham, value 5s. 6d. , the goods of Thomas Kerr .
THOMAS KERR. I am a linen-draper , and live in Grocer's-alley, Wellclose-square. On the 21st of March, at half-past eight o'clock in the evening, I received information, and went to a neighbour's door - I saw the prisoner near my shop-door for some time, she made two or three attempts to take this gingham, which was just inside my door; she at last got it down and went as far as the second house - I went and took her with it under her shawl; she said she had got nothing.
Cross-examined by MR. BODKIN. Q. You have a great many customers? A. Yes; she had been drinking; this gingham hung on a line - I have enquired about her, and find she is a widow and supports her own child and her mother; she told the Magistrate's she was so tipsy, she did not know what she did.
EDWARD BARRON . I am apprenticed to Mr. Kerr; I was in the shop and saw the prisoner come and give a pull at the gingham; I told Mr. Kerr - he went out and in a few minutes - I saw her come and take it - I went out met her in custody.
Prisoner's Defence. I was very much in liquor, and do not know what I did.
The prisoner received a good character.
JOHN MCCARTHY, THOMAS JONES.
908. JOHN MCCARTHY and THOMAS JONES were indicted for stealing, on the 11th of March , 1 compass, value 10s.; 5 knives, value 1s.; 9 forks, value 1s.; 1 candlestick, value 1s., and 1 pair of snuffers, value 4d. , the goods of George Garnett Huske Munnings .
HENRY SHIPP . I am a Thames Police constable. On the 11th of March I stopped these two prisoners, going into the Export Dock, at the west India Docks, between twelve and one o'clock. Jones had this compass under his arm, concealed; I asked how he got it, he said McCarthy gave it him to bring out. I asked McCarthy if he knew anything about it - he said Yes that he gave it to Jones to carry. Jones gave me the furniture of the compass out of his hat; and McCarthy gave me these other articles, which he said he bought of the ship-keeper of the Woodbridge. I went to that ship, but could not find the ship-keeper - I took them to the watch-house, and found a green cloth round McCarthy's body.
JOHN WARNER . I am ship-keeper of the Woodbridge. On the 11th of March, I saw McCarthy and a ship-keeper, named Cadwallader, come on board; Jones followed them in a short time - I had not seen this compass, but had seen the other things in the cabin.
Cross-examined by MR. PHILLIPS. Q. What has become of this ship-keeper? A. He has fled, and I am in his place; he told me he was going to sell these things - this was done in broad day; he did not attempt to conceal anything - that man appeared to be the master of the ship, he employed me to clean these candlesticks for him.
GEORGE GARNETT HUSKE MUNNINGS. I believe this compass is mine, but cannot swear to it.
HENRY CURRY.
909. HENRY CURRY was indicted for stealing, on the 29th of March , 1 pair of shoes, value 2s. 6d. , the goods of Francis Sullivan .
WILLIAM WHITTINGHAM . I am a Bow-street officer. On the 29th of March, about half-past ten o'clock, I saw the prisoner at the upper end of Crown-street, near Oxford-street, he had something rolled up in his apron. I went and asked him what it was; he said, a pair of shoes, which he had bought of a boy in the street. I looked at them, and said, "They are too large for you;" he said he gave 1s. 3d. for them, and he might get 2s. for them. I took him to several shops in Monmouth-street, and at last took him to Sullivan's, who said, he had lost a pair, and they were his property.
FRANCIS SULLIVAN. I keep a cellar in Monmouth-street; these are my shoes. I went out on the 28th of March, leaving them at my door; and the next morning the officer brought them to me.(Property produced and sworn to.)
Prisoner's Defence. I would have shown him the person I bought them of, if he would have gone with me, but he would not.
RICHARD BURGINS, THOMAS SWAINE.
910. RICHARD BURGINS and THOMAS SWAINE were indicted for stealing, on the 28th of February , 3 sheets, value 6s.; 4 cups, value 2s.; 1 pail, value 1s.; 1 shift, value 2s., and 1 pillow-case, value 1s. , the goods of John Truebey .
SARAH TRUEBEY . I am wife of John Trubey; we live in Nova Scotia Gardens, Bird-cage-walk . On the 28th of February, when my husband got up in the morning at six o'clock, he found the wash-house door open; he called me- I went down, and found the door open, and this linen taken from the tub. I take in washing; I had locked the door at half-past twelve o'clock at night, when I went to bed. I went to Worship-street, where, I was informed, the linen was at Mr. Smith's, Kingsland-road; I went there, and saw Jones - the prisoners were then in custody.
EVAN JONES . I am a watchman. I met Swaine, in Union-street, on Thursday morning, the 28th of February, when I was coming off watch; he saw me and crossed the road; I let him go on, and saw a pail on his shoulder, with something white over it. I turned back, and asked him what he had got there; he said what was that to me; I said, I insisted upon his telling me - he said it was wet linen, which he was going to carry to his aunt's, to dry; I said, what number was it; he said it was in some court; he could not tell the name, but he would show me - I then took him to the officers.
EDWARD OXLEY . On the 28th of March, about half-past six o'clock in the morning, I heard that a person had gone down Crooked Billet-yard. I went there, and found Burgins, in his room, putting on his clothes; I asked him where a lad they call Snoozer was, he said he had not seen him for some time; I looked, and found this shirt in a blue apron, under the bed. I took him to the watch-house- I knew it was his room.(Property produced and sworn to.)
SWAINE'S Defence. This lad was not with me, when the crime was done - I do not wish for him to suffer.
BURGINS - GUILTY . Aged 19.
SWAIFE - GUILTY . Aged 16.
WILLIAM SPICER.
911. WILLIAM SPICER was indicted for stealing, on the 20th of March , 1 watch, value 1l. 10s.; 2 seals, value 1l. 2s.; 1 watch-chain, value 6d, and 1 handkerchief, value 1s. , the goods of James Witton .
JAMES WITTON. I am a letter-founder . On the 20th of March, about six o'clock in the evening, I was at the King's Head, public-house, Kingsland-road ; I had been drinking before; I had my watch when I went, and when I came out I missed it, and my pocket handkerchief; I did not feel it taken; the prisoner was sitting on my right hand side - I have no recollection of having spoken to him.
JOHN CLARE . I am servant at the King's Head. I remember the prosecutor and the prisoner being there, drinking together - the prosecutor was drunk; the prisoner sat alongside of him; I brought in what was ordered, and took the money - the prosecutor paid first; I thought they were friends - they drank together for two or three hours: the prosecutor had some seals hanging out of his fob when he came in; but I did not take notice whether he had them when he went out; I thought he had not: the prisoner went out about a quarter of an hour before him - I do not know whether the prisoner was sober.
JOHN HOSKINS . I am a watchman of Shoreditch. On the 20th of March I heard of this robbery, and the next morning I took the prisoner out of a stable; I said, "Young man, I want you;" he said, "Want me - what for?" I said, "Come along with me;" he took his coat from behind the door, and took it on his arm, and when he got twenty or thirty yards from the stable he said, "I know what you want me for - we were only having a bit of a lark last night; the man had a little drink - I took his watch from him, and have it here;" he gave me this watch from the coat.
Cross-examined by MR. BODKIN. Q. What was he doing? A. He was at work.
JAMES HAWKES . I was called by Hoskins to go and take the prisoner; what he has stated is correct.(Property produced and sworn to.)
EDWARD NEIGHBOUR.
912. EDWARD NEIGHBOUR was indicted for stealing, on the 29th of March , 1 hat, value 18s. , the goods of Samuel Pope and Richard Pope .
RICHARD POPE . I am a linen-draper , in partnership with Samuel Pope, and live in High Holborn . I have dealt with the prisoner for years; he used to bring hats to us for sale. On the 29th of March, about five o'clock in the afternoon, he came and brought three hats which were ordered; my brother told me something, and I watched the prisoner; he put down the hats which were ordered, and I saw another hat out of paper, by the side of his box; I went forward, and saw him put the hat into his box - I went and tried to open the box, but he placed both his hands on it; I broke the lid of the box. and opened it; I took the hat out, and he said, "That is a good hat - what would you like to give for a dozen of them?" I said it bore the appearance of one of those which came in in the morning from a maker named Horn; I took one of those hats out of the paper, and compared the lining and every thing, and they appeared to be the same; the prisoner said it was his hat, and I sent for Mr. Horn; I will swear I took this hat from the box, and I saw him put it into it; the paper was partly on it, but in comparing the hats the paper vanished.
Cross-examined by MR. PHILLIPS. Q. What became of the paper? A. I do not know - we searched for it; I was not further from him than I am from you; the constable searched him, but he could not find the paper - our mark was on it; I do not know what he could do with it: I took off the paper, and put it on the counter while I compared the hats, and while I did so it was gone; it was vellum paper. I swear the prisoner did not bring a fourth hat in with him; he brought an empty box in, which has been his custom; the lid was on the box: he put the three hats on the counter, then took this hat from the counter, and put it into the box; I had seen the hat safe ten minutes before he came in; I compared it with the other hats to convince him, for there was no mark upon it - he appeared to have been drinking.
SIMEON HORN . I am a hat-maker. I sell hats to Mr. Pope. On the 1st of March I sold some hats to him; on the 29th I seal him six hats, and this is one of them, to the best of my knowledge; it is my manufacture - the initials of my name are in it; I do manufacture for other persons, but I can say I manufactured this for Mr. Pope; it had been previously ordered by him.
Cross-examined. Q. How many hats of that kind have you made in the course of your life? A. I cannot tell; I put my initials in those I make, and to the best of my knowledge it is one of those I carried in on the 1st, or on the 29th of March; I never sold one to the prisoner.
Prisoner's Defence. I will swear I brought four hats into the house that day.
Recommended to Mercy by the Prosecutor and Jury .
913. THOMAS JONES was indicted for stealing, on the 13th of March , 4 lbs. weight of beef, value 2s. , the goods of Charles Pannell .
CHARLES PANNELL. I keep a butcher's-shop at Chelsea . On the evening of the 13th of March the officer brought the prisoner to the front of my shop, and asked if I had lost anything; I looked, and missed a piece of beef.
JOHN HEMPSON . I am a headborough of Chelsea. On the night of the 13th of March I was fetched by a neighbour; I watched the prisoner, and saw him stoop down and go into the butcher's shop, and take something down, which he put under a long surtout coat; as he was going away with it I stopped him, and found the beef under his coat.
WILLIAM ROYAL.
914. WILLIAM ROYAL was indicted for stealing, on the 12th of March , 3 shirts, value 12s.; 3 handkerchiefs, value 1s. 6d.; and 4 pair of stockings, value 4s. ; the property of Charles Moore .
CHARLES MOORE. I am a servant , but out of a situation. On the 12th of March I resided at the Cross Keys public-house, in Great Russell-street; Elizabeth Walters washed for me; the prisoner has fetched my linen for these two years; on the 12th of March he came for the things as usual, and I gave him three shirts, three handkerchiefs, and four pairs of stockings - they were dirty, and he was to take them to his mother to wash.
ELIZABETH WALTERS . I am the prisoner's mother; he used to fetch the clothes for me to wash - he did not bring me any clothes from this witness on the 12th of March, nor did I send him for them, but on the Monday before I had mentioned it - I never desired him to pawn them.
BENJAMIN BIRDSEVE REEVES . I am shopman to a pawnbroker in Tottenham-court road; I have three shirts, two handkerchiefs, and one pair of stockings, pawned by the prisoner, in the name of William Royal.
ROBERT TEASDALE . The prisoner was brought to me in charge; I found these other stockings on him, and this ticket, which led to the other articles.(Property produced and sworn to.)
GEORGE PRICE.
915. GEORGE PRICE was indicted for stealing, on the 1st of March , 25 lbs. weight of coffee, value 25s. the goods of Joseph Sear .
CHARLES JONES . I am in the employ of Mr. Oxley, a cheesemonger, of Turnstile . On the evening of the 1st of March I heard somebody say, "Go it Bill;" I turned round and saw the prisoner in the street, with this coffee, facing the window of Mr. Sear, a grocer , who lives next door to us; I tapped him on the shoulder, and asked where he was going to take it; he exclaimed "Oh, Lord, Sir, I did not take it;" the officer came and took him with the coffee in his arms; there was 25 lbs. of it: I did not see any other lad there.
JOSEPH SEAR. I was serving a customer, and the prisoner was brought in with the coffee, which had been inside the door of my shop: I had seen it about three minutes before, but had not seen the prisoner.
Cross-examined by MR. CRESSWELL. Q. Was it in the same bag it is now? A. Yes; and about five inches within the door.
JOHANNA WALKER . I know Mr. Sear's shop, and saw a man and a boy; I saw the boy with that coffee, but I cannot say whether it was the prisoner; I heard something said, but I cannot tell what, and gave information to the prosecutor.
WILLIAM PRITCHARD . I am an officer. I took the prisoner.
Prisoner's Defence. The coffee was on the ground facing me; the witness asked me how I got it; I said I had not had it; I was looking in at a window at the time.
PETER FAGAN.
Fourth Middlesex Jury - Before Mr. Common Sergeant.
916. PETER FAGAN was indicted for stealing, on the 29th of February , 1 pick-axe, value 2s., and 1 shovel, value 2s. , the goods of the Governor and Company of the New River , brought from Chadwell and Amwell to London.
Prisoner pleaded GUILTY . Aged 57.
JOHN MOTT.
917. JOHN MOTT was indicted for stealing, on the 1st of March , 3 lbs. weight of bacon, value 2s. , the goods of Henry Harben , the younger, and others.
The firm consisting of Henry Harben, the younger, and Henry Harben, the elder, only, the prisoner was ACQUITTED .
FRANCIS MULLINS.
918. FRANCIS MULLINS was indicted for stealing, on the 1st of March , 1 picture and frame, value 2s. 6d. , the goods of Sarah Moulton .
SARAH MOULTON. I am single . The prisoner lodged with me for three or four months; this picture and frame hung in one of my parlours - it was safe the night before, and was taken before I was up on the 1st of March.
RICHARD LLOYD . I lodged at the house; the prisoner slept in the same room with me. On the morning of the 1st of March he got up and went down stairs; I followed him, and saw him in the parlour; he came out with the picture under his arm, and went into the street - I followed him, and asked him what he was going to do with it - he said, "For God's sake let me go;" I said, "I cannot think of letting you go" - he said, "Let me go," and went on a little further; I stuck to him, and gave him to the constable.
Prisoner. Q. Where did you see me first? A. In the parlour; I was at the bottom of the stairs - the parlour door was open.(Property produced and sworn to.)
Prisoner's Defence. I got up between six and seven o'clock - I went down into the tap-room - the gas was faintly on; I saw this picture on the table - I took it to look at, and while I had it in my hand two persons came to the door and knocked; I went to the door with the picture in my hand - the back door was open; the street door blew to, and I was shut out with the picture in my hand - I would not let the men in who came to the door, because they were tipsy; I called to the witness, but he did not hear me, and I went to leave the picture at a public house; the witness then came to me, and said, "Let us go, and have some gin" - I said, No, I would have a drop of beer; we were going along when he met a constable, and said, "I give charge of this man."
CATHERINE RINGER.
919. CATHERINE RINGER was indicted for stealing, on the 18th of September , 2 table-cloths, value 20s. , the goods of the Marquis of Ormond .
JOHN UNDERWOOD . I was butler to the Marquis of Ormond; I left him in February last; the prisoner's husband was the footman, and had charge of the house in Weymouth-street; these table-cloths are the property of the Marquis; one is marked with his name, and the other has a particular mark on it.
THOMAS RILEY . The prisoner pawned this table-cloth with me.
Prisoner's Defence. There was not a bit of linen in the house - it was empty; they were given me by a young woman.
JOHN MASLIN.
920. JOHN MASLIN was indicted for stealing, on the 4th of April , 20 lbs. weight of lead, value 8s. , the goods of William Nurse .
JAMES WELCH . I know Mr. William Nurse; he has some unfinished houses in Albany-street, Regent's-park . I was appointed to watch them, and at a quarter-past two o'clock, on the 4th of April, I saw two men standing in the door-way of one of the houses - I was about thirty yards off - I went up to them; the other man went backwards through the house, and the prisoner came against me in the door-way, and tried to shove me backwards off the plank - his thumb was bleeding, and I saw the pipe close by him was cut near to the ceiling; I took hold of him, and said he was the King's prisoner, and I would take him to Mr. Nurse; he said if I did not let him go, he would split my head against the joists: I said I would not; I then asked where his partner went; he said he had no partner; I said "He is gone with the lead;" he said, "Well, come, and I will assist you to find him;" I went with him; he tried to shove me down two or three times - he then called the other man, who came back three or four yards, and made a signal, and the prisoner tried to shove me down again; I held him fast, and he kicked me violently; he gave me a very bad shin - he threw me down, but I still kept fast hold of him, and took him to the master's house; I knocked, and a person came; we secured him - I had seen the pipe all
right a quarter of an hour before; and the man who went off had a bundle of something under his arm - the watchhousekeeper took two knives from the prisoner.
Cross-examined by MR. PHILLIPS. Q. Did you see the prisoner cut anything? A. No; I seized him, and he struggled; the prisoner did tell me he went into the house for a particular purpose.
GEORGE GRIFFITH HOWELL . I am watch-house keeper. The prisoner was brought there on the 4th of April; I found these two knives, and a piece of cord on him.
Cross-examined. Q. Are the knives in the state they were? A. Yes; there is no mark of lead or blood on them.
ELIZABETH MURRAY.
922. ELIZABETH MURRAY was indicted for stealing, on the 5th of March , 1 pair of boots, value 20s. , the goods of John Hoskins Shearman .
HANNAH FARREN . I am in the service of Mr. John Hoskins Shearman, an apothecary , of Park-place. On the afternoon of the 5th of March, I saw the prisoner come out of his shop with some mats over her shoulder, and under the mats, in front of her, was a pair of boots; my mistress came to the head of the stairs, and told me to go after her, which I did, and brought her back, but she had not the boots then - I never saw her before.
JONATHAN CUFF . I am in the service of Mr. Shearman. The prisoner came into the shop, and asked if we wanted any door-mats; I went in to ask my mistress, and she said No; the prisoner went out of the shop, and I missed the boots, which I had seen when she came in; I looked out at the door, and saw the prisoner going down Park-street; I went in, and asked my mistress if my master was gone out, and had taken his boots; she said, "Oh, dear, that woman has taken them;" I went after the prisoner, and brought her back, but she had not got them then.
HENRY COOPER . I took the prisoner into custody; she told Mrs. Shearman she had not got the boots but if she would say nothing about them, she would give her all the mats she had.
Prisoner's Defence. I had served the house with eggs and door-mats for three years; I told the lad to go and tell his mistress that I would let her have a mat for 10d.; I generally sell them for 1s.; there was a man and woman at the door, who asked if the master was at home, and the boy said he was at dinner.
JANE KIRBY.
923. JANE KIRBY was indicted for stealing, on the 11th of November , 1 ring, value 20s. , the goods of George Gottlieb Schneider .
GEORGE GOTTLIEB SCHNEIDER. I live in Tichbourne-street, Paddington . The prisoner was employed as a charwoman at my house; I missed a ring on the 11th of November, from a looking-glass drawer, and some other property; the ring was found at a pawnbroker's.
Cross-examined by MR. BARRY. Q. How long had the prisoner worked for you? A. Seven or eight months; I believe she has a husband and a family. I do not know that the ring was in the drawer.
SYLVIA SCHNEIDER . I am the prosecutor's wife. I know this ring, it was usually kept in the looking-glass drawer; it was missed in November. I had seen it for perhaps a week before.
Cross-examined. Q. Have you a servant? A. Yes; but when I missed it, I asked the prisoner to look for it - she said she had not seen it.
GEORGE WILLOUGHBY PERUZZI . The prisoner pawned this ring with me, three or four times; she said she brought it for a lady - I lent 10s. on it.(Property produced and sworn to.)
Prisoner's Defence. I found it at the bottom of the stairs, in the dust-pan, after sweeping the rooms.
Recommended to Mercy . - Confined Two Months .
THOMAS HOLLIER.
924. THOMAS HOLLIER was indicted for stealing, on the 31st of March , 3 spoons, value 1l. 10s., and 5 forks, value 1l. 10s. , the goods of Ann Caroline Saint Leger .
WILLIAM SOUTHCOMBE . I am footman to Ann Caroline Saint Ledger; she lives in Baker-street . On the 31st of March, I was coming from the back of the house, and saw the prisoner leaving the front area door; I knew he had no business there, and followed him, calling Stop thief! he stopped about half a dozen doors off, and asked what I wanted; I said he had something, which he had no business with; he said he had not, and I might search him, which I did, and found the spoons and forks, in his breast pocket - he said distress drove him to it; they are my mistress's, and had been in a closet in the pantry.
PHILIP WEBSTER . I am an officer. I took the prisoner, and found these forks on him.
Prisoner's Defence. I found them in the area.(Property produced and sworn to.)
HENRY HOSKINS.
925. HENRY HOSKINS was indicted for stealing, on the 4th of April , 1 cigar-case, value 1s. 6d. , the goods of Charles Beckett .
CHARLES BECKET. I am a tobacconist , and live in Drury-lane . On the 4th of April, about eight o'clock, in the morning, I lost a cigar-case - I saw the prisoner go out of my shop with it, while I was in the parlour; I went to the door and saw him with it - I brought him back; there is no mark upon it; but there was one case missing from the window.
MARY GOLD.
926. MARY GOLD was indicted for stealing, on the 27th February , 1 clock, value 5l., and 2 spoons, value 3s. , the goods of Lucy Lowe .
LUCY LOWE. I am a widow . On the 27th of February' I left my house, in Crown-street, Drury-lane ; about seven o'clock in the morning, my clock and spoons were then safe. I left two persons in the house, in bed; the prisoner had lodged there some days - I returned in the evening and missed the clock and spoon; the prisoner went out, and did not return.
DAVID GEORGE ALDERSON . I am an officer. I was sent for, and took the prisoner; I found the spoon, pawned for 1s. 6d., by the prisoner, as the pawnbroker stated - but he gave it up to me, and is not here: I found the prisoner at Mr. Newby's shop, offering this clock for sale;
she said it was her own, and had been in her family for thirty years.(Property produced and sworn to.)
ELIZABETH FORTY.
927. ELIZABETH FORTY was indicted for stealing, on the 18th of February , 1 shirt, value 5s. , the goods of Joseph Bannister .
HANNAH COUCH BANNISTER . I am the wife of Joseph Bannister. On the 18th of February, I lost one shirt of my husband's from the wash-house, in Duke-street, Manchester-square . I did not miss it for three weeks; when I missed that, and some other property; the prisoner was employed on the 18th to wash for me.(Property produced and sworn to.)
JAMES WALLIS . I am a pawnbroker. I took in this shirt of the prisoner, on the 18th of February - I knew her before.
THOMAS SMEE . I am an officer. I took the prisoner.
Prisoner's Defence. I hope Mr. Bannister will have mercy on me; I did not take it. GUILTY . Aged 38.
ANN CASTAL.
928. ANN CASTAL was indicted for stealing, on the 28th of February , 18 yards of printed cotton, value 15s. , the goods of William Eastwood .
WILLIAM MOXLEY . I am assistant to Mr. William Eastwood, linen-draper , of Lownde's-terrace, Knights-bridge . On the 28th of February, about eight o'clock in the evening, I was asked if we had lost anything; I looked, and missed a piece of print. I was told a woman had taken it, and gone across the road; I pursued, and took the prisoner with it - I had not seen her in the shop; she said a young woman, whom she did not know, asked her to take it, and bring it to her - it has our private mark on it.
WILLIAM TAYLOR . I am a bookseller, and live next door to Mr. Eastwood. I was at my door and saw the prisoner go and take the print, which hung rather more out than in the shop. I have enquired into her character, and find her very respectable; she has been in service, but was out of place, and had no money.
Fined One Shilling and Discharged. - A person having engaged to find her employment.
929. JOHN BROWN was indicted for stealing, on the 26th of March , 1 shirt, value 1s. 6d. , the goods of Nathaniel Stallard .
NATHANIEL STALLARD. I belong to the ship Henry , which was in the Lime Kilns Dock, Limehouse . I saw the prisoner on board, on the 26th of March, as a rigger; some persons called me to where he was, and I saw this shirt of mine taken from his hat: it had been alongside my chest, under my hammock - I had not allowed him to take it.
BENJAMIN WHITE . The prisoner was stopped at the gate, with this shirt, he said he took it to wash.(Property produced and sworn to.)
Prisoner's Defence. I had been out of work, and went to look for a job; I said, if he had any dirty linen. I would get it washed, as I lived just outside the gate; I went in the evening and he was not there - I saw the shirt, and took it to wash.
ELIZABETH HARRIET GUY.
930. ELIZABETH HARRIET GUY was indicted for stealing, on the 28th of March , 2 dresses, value 3l. , the goods of Agnes Susan Jobling .
AGNES SUSAN JOBLING. I am single , and live in Tabernacle-walk . I am a dress-maker ; I rent the house - the prisoner had a back room on my second floor; she came on the Tuesday before the 28th of March - these two dresses were in my front parlour, hanging on nails for show; I saw them safe at half-past seven o'clock in the evening, of the 28th of March. I then went out, leaving the prisoner in the kitchen; my mother, and a person named Ferguson, were at home - I returned a little before twelve o'clock, and found the door open, and the watchman in the passage; the two dresses were then gone - the prisoner was in the passage, and appeared surprised at the door being open, as well as my mother; the watchman had found it open - the next evening I saw one of the dresses in my parlour, on the table, and I went and took the prisoner in Waterloo-road.
Cross-examined by MR. BARRY. Q. Does your mother keep the house? A. No, I do; the dresses were mine.
FRANCES JOBLING . I am the prosecutrix's mother. On the evening of the 28th of March she went out; the prisoner and I were in the kitchen; after supper the prisoner read the newspaper, and then we both fell asleep - I awoke a little before eleven o'clock, and missed the prisoner - Ferguson had gone out a little after ten o'clock, and I had fastened the door after her; when I missed the prisoner I got up, and saw her coming in at the yard door- I said, "I thought you were gone to bed;" she said,"No, I should not have gone to bed, and left you, till your daughter came home;" we then sat down, and I heard a great noise; I said, "What is that?" I took the candle, went up, and found the watchman in the passage, who said the door was open; I said I was sure I had fastened it, and I begged him to go with us and see if any person was in the house, but there was no one; I never thought of my daughter's dresses till she came home; she said, "I am afraid the work is not safe" - we went, and saw that the work which we had been about was safe; and we went into the kitchen again - she then thought of the dresses; we went and looked, and they were gone; the prisoner said,"I am very much frightened, and cannot sleep by myself"- I said, "My daughter will sleep with you." The next morning another lodger said it was very strange; the prisoner said it was so, but they would never do the person good whoever had taken them; the other lodger then would have an officer sent for, to search her room, as she was going out, and she might be suspected; we sent for the officer who came and searched her room, but nothing was found; the prisoner was at that time dressing, and my daughter, from motives of delicacy, would not let the officer go into her apartment, but she went and looked herself, and there was nothing there; after tea the prisoner went up stairs, and Mrs. Bristow (the other lodger) said, "I have had no peace since this happened;" I said, "I can't help it - I know nothing about them;" Ferguson then went into
the yard, and found a tippet belonging to one of the dresses which she brought in; the prisoner was there at that time, and I said to her, "Had you not better write to your brother, as there is an officer sent for to search the house; she said she would write to him, and she took a candle and went up stairs; I then went into the yard, and saw all the air was in a cloud of feathers, and in a tree in a neighbour's garden I saw something suspended - I went and called Mrs. Bristow, and said, "Your eyes are better than mine, come and see what this is;" she came and said, "It is like one of your daughter's dresses;" I said, "How shall we get it down;" we went to the neighbour's, (Mr. Mackinnins) - he got his steps, and got it down, but he said he would not give it to us, but to an officer; I then went into the kitchen, and the prisoner came and said, "I have taken the dresses, but pray forgive me;" I said, "I am afraid it is out of my power - the officer is coming;" I said, "Where is the other dress?" she said, "On the drawers in my room;" I said to Mrs. Bristow, "Go and see if it is there" - she went and found it there, all covered with feathers, and the bed was cut open, as if they had been put in there.
Cross-examined. Q. Who was present when she made this statement the first time? A. No one but me, but she said so again before Mrs. Bristow; Ferguson went out at ten o'clock at night. The prisoner desired some person might sleep with her, and my daughter did sleep with her.
HARRIET BRISTOW . I have a room on the same floor with the prisoner - I went to bed at ten o'clock on the night in question; I afterwards heard a noise, and called to know what it was; I heard that the door had been open- I went to bed again, and heard a voice again; I got out of bed, and called to know what was the matter - the prosecutrix said she had lost her two dresses, and went to bed again; next day I went down, and told Mrs. Jobling I was uneasy, and begged her to send for an officer, as I was going out, which she did, and the officer came and searched - before he came I sent down for some boiling water, and saw the prisoner, 'no' she did not say anything; the officer then came and searched, but found nothing - the prisoner was then in her own room, dressing, and Miss Jobling went and searched there. In the evening Mrs. Jobling called me to see what was on the tree; I went into the kitchen - the prisoner was there; she fell on her knees, and said, "I did do it - I hope you will forgive me;" I said, "I have nothing to do with it. but I am glad God Almighty has given you grace to acknowledge it."
Cross-examined. Q. Did you go down on the night of the robbery? A. No - I thought it rather curious that a robbery should be complained of, because Mrs. Jobling said she had locked the door, and put the chain up.
SAMUEL BRIDGES . I am an officer. I was sent for to Mrs. Jobling's; I went and found this dress at Mr. Mackinnin's - he gave it me.
JOHN MACKINNIN . I am a linen-draper, and live next door to the prosecutrix. I found this dress hanging on a tree in my yard - I gave it to the officer.
JAMES BROWN . I am an officer. I went to the house on the evening of the 29th of March; I saw the prisoner in the passage - I asked who was the person suspected, and the prisoner made her escape; I searched her room, and found the bed had been cut open; I found a card in her room, by which I traced her to the Waterloo-road; I found her there, and said to her, "Your name is Guy - I dare say you know what I want with you;" she said, "I do;" I asked her what could possess her to do such a thing, as she seemed respectable; she said, "I can't tell you, Sir - I have done wrong, I know."
ELIZABETH LITTLE.
931. ELIZABETH LITTLE was indicted for stealing, on the 12th of March , 1 pair of trowsers, value 19s.; 1 night cap, value 2d., and 1 watch case, value 2d. , the goods of Henry Whinfield .
HENRY WHINFIELD. I am an engineer , and live at Pimlico . The prisoner was in my service for about eight weeks. On the 12th of March I sent for an officer, about seven o'clock in the evening - the prisoner was called up stairs, and I charged her in his presence with taking a watch-case, a night-cap and a pair of trousers; she said, she knew nothing of either of them - she denied knowing anything about them three or four times; we asked her about them separately, and she denied them all; we said it would be necessary to see what was in her box - she said she had no objection, and we went down for that purpose; in going down she said she believed there was an old pair of trousers in the box - we found this new pair of trousers, and this watch-case in the box; the other articles have not been found.
Cross-examined by MR. CLARKSON. Q. Had you not removed just before? A. Yes; I had given the prisoner directions to pack up the things; I know these trousers had been in my drawers some weeks before, but I do not know where they were the day we were packing up.
Q. Did not the prisoner ask you whether she should begin to pack up any of the things, and you said Yes? A. She never asked me that question to my knowledge; I cannot swear whether she did or not - she might have done so; we removed on the 29th of February, and on the 12th of March she was taken up - we packed up the day before we removed; I cannot say the prisoner packed up any of the things; I desired her to bring me the things, and I packed them up myself - I did not direct her to pack up anything except the breakfast things; I never ordered her to pack the things that were in the cupboard.
Q. Did you not tell her to pack up all the things she saw, and then the things in the desk? A. I cannot tell - I had mentioned to her about these things four or five days before she was taken up; I cannot say that I was present when my wife said anything to her about the watch-case, but there were five or six conversations about it; we did not exactly tax her about it - my wife said, "Mary, I don't think I have lost my watch-case."
Q. And did not the prisoner say, "We had better look for it - I am very uneasy, let us look in the boxes"? A. I will swear she did not say that in my presence, nor did my wife reply, that it was no use to look, it was too far gone to be recalled; the prisoner did not go the same night and look in a chest belonging to my wife, and find several of her own things, to my knowledge - I went to Mr. Craddock on the Sunday following.
Q. Did not your wife say that Mr. Craddock had persuaded you to go to the Cannon public-house, and find the
man who had moved the goods? A. No; the prisoner was apprehended on the Wednesday following - I did not go after the man who moved the goods, because he was not near the premises when anything could be taken away - he is not here; she did say, "I thought I had put an old pair of trousers into my box out of the cupboard," but that was after she had denied it - she said she put them in in a mistake; I went to the house I removed from on the Sunday morning, because I did not wish to cast a stigma on any one.
COURT. Q. Can you swear you had seen these trousers after having removed? A. No, nor for some weeks before.
JOSEPH CARTER . I am an officer. I heard the prisoner charged with taking these articles; I asked her if she knew anything at all about them - she said, No; her master said, "Have you any objection to have your box searched" - she said, "Not the least;" in going down stairs she said she believed there was an old pair of trousers in the box, which she had put in in moving - these trousers and this watch-case were found in the box.
Cross-examined by MR. BARRY. Q. Was not the box very full? A. Yes - she told me many of her things were mixed with some articles of her master's; I do not know whether two gowns of hers were found - I did not find two old dusters in her box.
MRS. WHINFIELD. I am the prosecutor's wife. I had some conversation with the prisoner some days before the officers came; she did not say she had an objection to my searching her box.
Cross-examined by MR. CLARKSON. Q. Did she not say, "I am very uneasy, Ma'am - let us look into the boxes and drawers?" A. Yes, and we searched together in my boxes and drawers; she did not refuse for me to look into her box - I did not ask her.
Q. Did not you say in the presence of your husband, that it was no use to look, you thought it too far gone to be recalled? A. I believe I might; there was an apron or two of hers found in a chest of mine - we packed the things rather in a hurry the day before.
JAMES BAILEY.
932. JAMES BAILEY was indicted for stealing, on the 19th of February , 3 gallons of Sherry, value 3l. , the goods of William Lovegrove .
WILLIAM LOVEGROVE. I keep the Percy coffee-house , in Rathbone-place. On the 18th of February I sent orders to the City to pay the duty on two pipes of wine, and I expected it the next day, but it did not come; about seven o'clock in the evening a witness came and told me the wine had been stopped in the street, and something taken out; the wine then came, and one of the pipes, which ought to have had 107 gallons in it, had only 104 - I had it guaged the next day - it was between three and four gallons short.
WILLIAM DEAR . On the 19th of February I was in Russell-street; I saw a cart with two pipes of wine in it - the prisoner was in it with his back to the horses; I waited at the corner of Bloomsbury-square for a quarter of an hour, and watched him - I thought at first he was boring a gimblet into the head of one of the casks, but I found by his movements that he was drawing some wine out of one of the pipes; the cart then went on: I saw the beadle, and we went up to the carman and asked him where the permits were - the prisoner was then in the cart; I got up to him, and asked him what he had got there - he began to kick against a nose-bag that was in the cart, as if to break a bottle that was in it; he could not break it, and he took the bag and threw it out - it caught against the wheel, and broke; he then got out, and ran away - I pursued him, and took him - the carman got away.
Cross-examined by MR. CLARKSON. Q. Then you do not know what directions might have been given to him by the carman? A. No; I am confident the carman saw what he was doing, as he was talking to him the while.
ALEXANDER MURDON . I am beadle; the last witness spoke to me, and I saw the nose-bag thrown over the cart by the prisoner; the bottle broke, and the wine ran out and spilt over me; it was not white - I think it was of a reddish colour, but not so red as port - it looked more like sherry.
Cross-examined. Did it not stain your coat? A. No; it ran down my great coat - it was not white wine - I have drank wine - I think this was not white wine.
RICHARD LAMBERT . I sent off one pipe of Spanish white wine, called sherry, which contained 107 gallons - I did not see where it was put; it was delivered by the Company's servant to a cart, but I did not see the name on the cart, and do not know who took it.
COURT to MR. LOVEGROVE. Q. Did you see the cart bring the wine? A. Yes; I think it had the name of Unwin on it - he is a carrier; I expected the wine to come, and I shewed Gill the same pipe of wine - it was very old East India sherry, and had been at the docks in my name.
WILLIAM GILL . I am servant to Mr. William Simson: he is a wine merchant; he employed Unwin as a carrier; I saw the wine at Mr. Simson's door, in Tower-street, on the 19th of February; I guaged the pipe at Mr. Lovegrove's, it contained 104 gallons.
Cross-examined. You did not taste the wine? Q. No; I expect it was sherry.
Prisoner's Defence. I was very lame, and was going to Paddington, to a young man who sent for me to go to work; I saw the carman at the corner of Skinner-street, and asked if he was going to Paddington - he said he was going that way - I asked him to give me a ride; he met a man and spoke to him, and then he went on again; the witness then came up and spoke to him, and he told me to hand him out what was in the bag - I did, and it slipped from my hand and broke - I do not know what was in it.
RICHARD BRIGGS.
933. RICHARD BRIGGS , was indicted for stealing, on the 23d of March , 1 shirt, value 6s.; 2 handkerchiefs, value 3s.; 1 shirt pin, value 3s.; and 2 waistcoats, value 3s. ; the goods of William Starr .
WILLIAM STARR. I am a publican , and live at Enfield . On the 23d of March I lost two handkerchiefs, a shirt, two waistcoats, and a shirt pin, out of my bed-room; I saw them all on the Saturday night - I missed them in the morning, and heard the prisoner was gone away - he had lodged at my house for three or four nights; I found him on the Monday at Epping, with the shirt on, and gave him in charge.
WILLIAM PHIPPS . I am an officer; I took the prisoner and received this pin from Smith.
JAMES SMITH . I was at the Green Man public-house, ear Waltham Abbey; the prisoner came in there - he said he was a tailor in distress, and I bought this pin of him.
WILLIAM ARCHER.
934. WILLIAM ARCHER was indicted for stealing, on the 12th of February , 2 watches, value 2l. , the goods of Thomas Webb .
THOMAS WEBB. I live on Hounslow Heath , and work at the powder mills . On the 12th of February, about the middle of the day, my wife came to me - I missed two watches, and in consequence of what she said I went to a pawnbroker at Isleworth, and my wife went to Brentford; the prisoner lived next door to me, and had a slight character, and the next morning he went away for nine days; when he returned I had him taken up; he was taken before a Magistrate and acquitted; he was taken again in a fortnight afterwards; I have since seen this one watch, which was found at a pawnbroker's at Shadwell; it is one of two which I had left at my house.
SOPHIA WEBB . I am the prosecutor's wife; I had been out about two hours, and when I returned the two watches were gone, and I went and told my husband - the window of the house had been opened by breaking a pane, and cutting the fastening.
CHARLES WILLIAMSON . I am a pawnbroker. This watch was pawned with me on the 13th of February, I think by the prisoner, but I cannot swear to his person - I gave him this duplicate.
JOHN EMERSON . I am an officer. I got this duplicate from the prisoner, when he was in custody - he asked me if I had found out the watches - I said No - and he said he would give me the duplicate.
Prisoner. I told him I had picked up a duplicate, but I knew nothing about it - he said if I would produce the duplicate I should go about my business - I did so, and then he kept me. Witness. He said, on the Sunday morning, that if I went with him to a place where he had lodged for two night she would give me the duplicate, which he took from between two posts.
PHILIP WALSH.
935. PHILIP WALSH was indicted for stealing, on the 19th of February , 25/8 yards of cloth, value 3l. 3s.; half a yard of canvas, value 6d.; half a yard of buckram, value 6d.; 1 piece of velvet, value 4s.; 1 piece of calico, value 6d.; 1 piece of silk, value 6d.; 1 piece of padding, value 6d., and 1 piece of wadding, value 6d. , the goods of John Southward .
JOHN SOUTHWARD. I am a tailor and live in Brewer-street, Grosvenor-square. On the 19th of February I met two young men in a ham and beef shop; we went and had something to drink; I had a bundle containing these things with me - I did not know the men; we went to a wine vaults, and when we had sat about a quarter of an hour, one of them took the bundle from my side; I went to go out after him and the other got in the doorway and prevented my going out - I pulled him on one side and went out; I met the one who had prevented me from getting out, in St. Martin's-court, and I took him to the watch-house - the prisoner was taken the next day, and I saw my bundle at the office.
Cross-examined by MR. BARRY. Q. What dress had the man on? A. A fustian frock - I should not know him again; I should know the one who stopped me; he was a short man - they were neither of them tall; I had taken very little that night - it was not half-past eleven o'clock when I was robbed.
COURT. Q. Was the prisoner one of the two? A. I cannot say that he was; I could not speak to him before the Magistrate - I saw him on the Friday, he was very differently dressed.
WILLIAM FORTEY . I am a parish surveyor. On Wednesday, the 20th of February, I saw the prisoner between seven and eight o'clock in the evening, in Earl-street, Seven-dials; he had this coat in a bundle; he said he brought it from Warwick-square; I said I would go with him to see if he said true: as we were going along, he said he got it from Mr. Pearce, a tailor, No. 5, Green-street, Theobald-road - I went there, and Pearce said he had not had such a thing for a fortnight; in going to the office the next day, he said a man gave him the coat to carry to Queen-street, Seven Dials, and he was to have 1s. for his trouble.
Cross-examined by MR. PHILLIPS. Q. Did he say he was going to show this coat to an aunt of his, to show her the quality? A. I think he might; we went to his aunt's house, but she was not at home; he said he lodged there, but it was no such thing.
COURT. Q. When did he first tell you about his aunt? A. When I first took him - I found he had lived there, but had left.
JAMES PEARCE . I am a tailor. On Tuesday night, the 19th of February, the prisoner slept at my house; he is a stay-maker, but he had been working for me on the 12th, 13th, 14th, and 15th; on the 19th he came in, to the best of my knowledge, from ten to twelve o'clock at night; he was in at eleven o'clock; he went to bed and did not get up till twelve o'clock the next day; he had not been ill, but when he came in, it was supper-time, and I gave him a little porter; I consider that made him sleep longer than usual.
COURT. Q. Where do you live? A. In Green-street. The officer came to me with the coat; he told me a young man said he was employed by me about it.
EDWARD EYTON . I lived in Pearce's house; I saw the prisoner there that night.
ELIZA WATTS.
936. ELIZA WATTS was indicted for stealing, on the 1st April , 1 tea-kettle, value 2s.; and 1 table-cloth, value 6d. ; the goods of John Robinson .
MARY ROBINSON . I am the wife of John Robinson; the prisoner lodged in the same house with me. On the 1st of April I lost the tea-kettle and table-cloth from just outside my room door - I put them there and did not know they were gone till the prisoner was caught in the street with them.
JOHN GREEN . I am a beadle. I received information, and found these things on the prisoner, in Charles-street, Drury-lane, about twenty minutes past seven o'clock on the morning of the 1st of April.(Property produced and sworn to.)
Prisoner. I leave myself entirely to the mercy of the Court. GUILTY . Aged 16.
GEORGE ABELL.
937. GEORGE ABELL was indicted for stealing, on the 5th of March , 1 stack-cloth, value 6l. ; the goods of William Vorley .
WILLIAM VORLEY. I have a farm at the back of the Horse and Groom public-house, at Holloway ; my stables join those of Mr. Nicholson - this stack-cloth was kept in a loft above my stable; I had seen it a week or a fortnight before it was taken; I missed it on the 5th of March; it is worth 5l. or 6l.; the prisoner was ostler at the Horse and Groom; I found him at London Coney, about six miles from St. Alban's; he said he found the stack-cloth under the manger, and that he was frightened into it - he was innocent - I had some conversation with him on Wednesday, the 5th March, after I lost the cloth, and he then said he knew nothing about it; I went to Bromley, and on my return, I searched my premises, and found a hole under the manger. When I saw him at London Coney, he got over a gate and ran across a field - I pursued him, and when he found I gained upon him, he stopped and said, "I find you are the best runner, and it is of no use for me to run;" the key of my stable is kept at the Horse and Groom.
Cross-examined by MR. PHILLIPS. Q. He said he was innocent? A. Yes; he had lived a year or two at the Horse and Groom; my key hung in the bar, and he might have taken it if Mr. Simms was not there - this is the cloth- it would be very difficult for one man to carry it; two rather destitute men, who lived near the premises, have absconded; I understand they slept in Mr. Simm's stable; hand-bills were printed, and I did insert in them that the name of "Mead," maker, was on it, as I thought it was, as many makers do put their name on cloths; I now find that was not the case: one of the men who have absconded worked for me - we took them into custody, but could not bring any evidence against them.
JOHN HARROLD . I am servant to Mr. Nicholson; his stables join Mr. Vorley's. On the 5th of March, when I got to the stable, I found the yard door open, which I had done up on the inside; I went in and opened the stable door, and missed two young cocks - I went up into the loft to put some hay down, and there I saw a hole into Mr. Vorley's stable, and some feathers lying about; I looked through, and the stack-cloth, which used to lay under the manger, was then gone; I came down, and found Mr. Vorley's stable door locked as usual; I went to the Horse and Groom, and gave information - I did not see the prisoner; I then went to the stable of the Horse and Groom, and found the two men who usually slept there - they were up; I then went back to my own stable, and staid about half an hour; I then went to the Horse and Groom again, and saw Mr. Simms - I came out, and saw the prisoner; I told him what I had seen - he said he knew nothing about it; I saw him again in the afternoon, and I told him Mr. Vorley was going to send some of the Bow-street officers there; he said he knew nothing about it; at five o'clock I saw him going across the yard with a cart, towards the shed - I went over to the shed, and saw the cloth going into the cart; Samuel Veazey was in the cart, pulling the cloth in, and the prisoner was below, pushing it up - I came round from there to the Horse and Groom, and went into the stable; I spoke of it, but said nothing to the prisoner or to Veazey - I do not think they saw me; I then went and told Mrs. Simms - she came out and saw it; I then said to Veazey, "That is Mr. Vorley's cloth;" he said, "If it is a stolen cloth, I will have nothing to do with it," and he got up and threw it out of the cart: Mr. Simms then came, and made us put it into the cart again - I did not see the prisoner afterwards.
Cross-examined. Q. When had you seen the cloth safe? A. It might be a week or a fortnight before; I do not know when I had seen the fowls before; I know one of the men very well who slept in the stable - I do not know that they have ran away - perhaps they are there still; I saw them on the 5th of March - they were taken up that evening - they were examined on the 6th of March; I have not seen them since; John Day (Mr. Vorley's man) and I had been in the place before the cloth was taken; he never told me the cloth was condemned - I never heard that mentioned; one man could carry it, but he could not get it up the yard; when I saw it in the cart, there was some hay covered over it.
SAMUEL VEAZEY . I am a carrier at Holloway. On the afternoon of the 5th of March, a man, who I do not know, came to me, and I went to the yard of the Horse and Groom. I found the prisoner at the door, and said to him, "George, I understand you have got a cloth for sale," and whether he said he had got a cloth, or got one for sale, I am not certain; but he took hold of my horse's head, and drew the cart to the stable-door: I followed him, and saw the cloth there: I said, "Well, George, open it out;" he said, "I can't open it:" I said, "I am not going to buy a pig-in-a-poke;" he said, "Take it, and if it don't suit you, bring it back again." I got it into the cart with the prisoner; I then stepped aside for a minute; Harrold and Mr. Simms came, and said it was Mr. Vorley's: I said, "If it is stolen, I will have nothing to do with it." I threw it out, and went to have a pint of beer; while I was there, they put it into the cart again - I had lost my cloth some time before, and told the prisoner if he heard of one, I should be glad to know of it.
Cross-examined. Q. Did you help to put it in? A. Yes; there was no hay covering it - there was a little hay in the cart; it was about four o'clock in the evening - it could not have been covered with hay without my seeing it; I did not put a single whisp of hay on it; two men were taken up on suspicion; I did not know either of them- I have lived for fourteen or fifteen years within three quarters of a mile of the Horse and Groom.
JOHN DAY . I am in the employ of Mr. Vorley. On the 4th of March I saw this cloth safe in the loft; I locked up the stable door about eight o'clock that morning, and hung the key up in the bar; there is a fence round the yard, and a gate.
Cross-examined. Q. Could not anybody get into the yard? A. Yes, but not into the stable without the key; when I went on the Wednesday morning the cloth was gone - I do not know whether it could be brought into the public yard without a person seeing it - it is a public yard; the Horse and Groom is an inn, but this stable is at the back of the Horse and Groom. The cloth would take two ablebodied men to lift it; I do not know the two men who went off - it is about five poles from Mr. Vorley's stable to the
stable of the Horse and Groom; a person could not go therewithout crossing a fence - it is full one hundred yards to go round by the palings.
COURT. Q. Did you tell Harrold that this was a condemned stack-cloth? A. No.
JAMES WITHAM . I am horse-keeper at the Horse and Groom - the prisoner was ostler there. On the evening of the 5th of March I saw him in the stable - he left me there. I heard about the cloth being found that day.
Cross-examined. Q. What hour was it you saw the prisoner on the premises? A. At four o'clock, and again at half-past five; I know the time, because I was expecting the Herald coach, and at that time the prisoner went out to go to Holloway.
COURT. Q. The last time you saw him was at half-past five o'clock? A. Yes - he was at his work till then; he went out of my stable - it was not his duty to be there after that time; I did not see him the next morning; he had to take in the horses and chaises; I never saw him from half-past five o'clock that evening till he was at the bar at Hatton-garden.
JOHN MORGAN . I am an officer. I went at seven o'clock in the evening of the 5th of March, to the Horse and Groom, and took possession of this cloth. The prisoner was not there.
Prisoner's Defence. I have friends who can state where I was at the time the cloth was lost; I slept at my house at Highgate.
JOSEPH CLARKE . I am a grocer, and live at Highgate. On Tuesday, the 4th of March, the prisoner lodged at my house; he is married; he came home that evening a few minutes before, or a few minutes after, nine o'clock - he slept there, and left in the morning a few minutes after seven o'clock; he has lived four months with me.
BENJAMIN NICHOLSON . I am a tailor, and live at Potter's-bar. I had a coat to make for the prisoner, and he came on Thursday, the 6th of March, between ten and eleven o'clock, and asked if it was done.
COURT to PROSECUTOR. Q. What did the prisoner say? A. He said, "I was frightened into it; I know I did wrong by helping it into the cart."
WILLIAM WILTSHIRE.
938. WILLIAM WILTSHIRE was indicted for embezzlement .
WILLIAM WALKER GILBERTSON . I am a home-bread baker , and live in Speldhurst-street. The prisoner was in my employ. I send bread to various parts of the town; the prisoner was to receive money for what he delivered - he was to account every evening for what bread he had left, and to give what money he had received; there was no book kept between us. Mr. Sugden, of Angel-court, was a customer, also Mr. Gunter, of Rahere-street, and Mr. De Morgan.
Cross-examined by MR. BARRY. Q. How long had he been in your service? A. Eighteen months; our regular wages are 18s. a week, which I paid him, but if he delivered above nine hundred loaves I allowed him a half-penny a loaf for it, for a certain time; there was no agreement or memorandum to that effect - he has not sold eleven or twelve hundred loaves in a week, but he has sold above nine hundred in a week, which have been accounted for, and I paid him the halfpenny a loaf; I never entered into a bond with him - his uncle was answerable to me to the amount of 10l. - I have not made any application to his uncle; he has left the place where he did live - I have my day-book here, in which the accounts are made principally by myself; here is the account of what the prisoner delivered out to customers who had credit. I have not been paid 4s. 9d. which he received on the 24th of March.
SAMUEL HOWARD . I am an apprentice to Mr. Samuel Sugden , of Angle-court. On the 24th of March I paid the prisoner two half-crowns for his master, and he gave me 3d. in return; he wrote on this bill "Cash, W. W." - I saw him write it, and he gave it to me.
LOUISA HEALEY . I was in the service of Mr. De Morgan. On the 31st of March I paid the prisoner 7s. 2d. - he wrote "Cash, W. W." on the bill, which was 8s. 1/2d. - it was too much, and the prisoner took it off.
MARY ANN GUNTER . I am the wife of Dennis Gunter . On the 29th of March I paid the prisoner 2l. for his master, in part of this bill, and he wrote on it, "Cash, 2l. W. W."
MR. GILBERTSON. He accounted to me for 1l. paid by Mr. Gunter, but has never accounted for the others.
Cross-examined. Q. Had he a private book of his own? A. I believe he kept a book - he had to account for a good deal of money; it is possible he might make a mistake, but I do not think it was any mistake of his; I will swear none of these sums are included in these accounts; here are some entries without the names of the parties, but here is the number of the house; I never receive any money without putting down the name or the number; he could not have placed the sum he received from one customer to another. I entered it every night in my day-book; there is nothing due to the prisoner. I believe there is a book which the prisoner left, but I have not brought it; I have not examined it.
COURT. Q. Who drew up these bills? A. Some of them are my writing, and some are written by a young man who assists me.
WILLIAM TARRY . I am an officer, and took the prisoner; I asked him if he had received the 4s. 9d. - he said he had.
JOHN LITTLEWOOD.
939. JOHN LITTLEWOOD was indicted for stealing, on the 21st of March , 4 doors, value 20s., the goods of James Stedman , and fixed to a certain building of his, against the Statute .
JAMES STEDMAN. I have a house in St. Luke's - it was empty on the 21st of March; these doors were fixed in it; I have compared them - they fit exactly.
ROBERT LOCK . I am an officer. On the morning of the 21st of March I saw the prisoner in a stone passage in Chequer-alley, offering these four doors for sale; that was two or three hundred yards from the house they were taken from; he said a man gave them to him - he said he should not know the man, but that he had a fustian coat on, and white stockings.
Prisoner's Defence. A gentleman brought them to me, and said, "Will you just look after these till I go and get a customer," and he said he would give me a shilling.
HENRY HUGHES, GEORGE POWER.
940. HENRY HUGHES and GEORGE POWER were indicted for stealing, on the 2d of March , 1 handkerchief, value 5s., the goods of James Thornhill , from his person .
JAMES THORNHILL. I was in Jermyn-street on the 2d of March, about a quarter-past eight o'clock in the evening - Robinson came and tapped me on the shoulder, and asked if I had lost a handkerchief, which I missed from my coat pocket; I saw it in the possession of the officer.
SAMUEL ROBINSON . I superintend the climbing boys for Mr. Beckford. I was in Jermyn-street, and saw the two prisoners, with two other boys; I watched them for nearly an hour - I saw Hughes take the handkerchief from the prosecutor's pocket, and give it to Power, who put it into his own pocket; I told Mr. Thornton of it. Boston found the handkerchief on Power, which he was going to throw away.
JOHN BOSTON . I was with Robinson. I saw the two prisoners, and two other boys about their size; I saw Hughes take something from the prosecutor's pocket, and give it to Power; I went and took it - it was this handchief.(Property produced and sworn to.)
The prisoner Power, in his defence, handed in the following extract from the Morning Advertiser, of the 24th of March, 1828."Bow-street - A young man, who said that he had suffered the sentence of the law, for picking a gentleman's pocket in Leicester-square, applied to know how he was to act under the following circumstances: on obtaining his liberty, he determined to amend his life, and retrieve the character he had lost; in pursuance of this design, he had procured an employment, in which he was doing prosperously, until some evil-disposed person disclosed to his master and fellow-workmen, the history of his life. The latter, as might be expected, refused to remain in the shop with a convicted thief; and the former having his own fears, pleaded that as an excuse for discharging him. He was then, he said, again thrown on the town, and unless he could procure some means of getting bread honestly, a return to his former evil courses, must be the inevitable consequence; and a consequence, it was his anxious desire to avoid. - JONES (the gaoler) Were you not brought here by Boston? APPLICANT. Yes; I was. JONES. I see how it is your Worship; this Boston is an amateur constable, who, with a fellow named Roberts, goes about assuming the character of officers; when he takes young men up, who, afterwards reforming, get employment; he goes to their masters, and tells what they have been. SIR RICHARD BIRNIE . I declare I never in my life, heard anything half so villainous. Why is not such a fellow brought here: I now give strict orders, that both he and his colleague shall be watched; really, my poor fellow, your case is lamentable - I myself, will speak to your master on your behalf, and if I do not succeed there I know I shall elsewhere; the lad then left his name and address, and, after thanking his Worship, retired." The two men in question, are the same as have got me in charge.
JOHN BOSTON . I know nothing about this - it was not me.
HUGHES - GUILTY . Aged 8.
POWER - GUILTY . Aged 13.
Whipped and Discharged.
WILLIAM CLIFFORD.
941. WILLIAM CLIFFORD was indicted for stealing, on the 20th of March , 1 handkerchief, value 4s., the goods of Robert Braxton , from his person .
ROBERT BRAXTON. On the 28th of March I was in Covent-garden , and felt a pull at my pocket; I missed my handkerchief, which was safe about five minutes before - I saw the prisoner on my right hand side, and seized him in the act of putting my handkerchief into his trousers' pocket - here it is.
Prisoner. Q. Did you see me behind you? A. No; he was just opposite me, on my right hand - the handkerchief was partly out of his pocket; I know the handkerchief by the hemming of it - my name is not on it.
Prisoner. Here is a handkerchief, which came off the same piece, (producing it) and they are both mine.
GEORGE KNOX . I am an officer. The prosecutor gave the prisoner into my charge - I searched him, and found another handkerchief on him; he said they were both his own.
Prisoner's Defence. I can prove both of these are mine - I told the Magistrate there was no mark on it.
MARY CLIFFORD . I am the prisoner's sister - I hemmed this handkerchief; there are two hems, one on the right side and the other on the wrong. I have not seen it since this charge, (looking at it) here are the bems as I stated - I did it about seven months ago; the one my brother has produced, is the same pattern; but not off the same piece. I know the pattern as well as the work.
ROBERT BRAXTON re-examined. I had my handkerchief safe in my right hand coat-pocket, just before the prisoner was putting it into his pocket - the prisoner did tell the Magistrate that there was no mark on it: he had not seen it then. I have nobody here who hemmed it - I came from Gloucestershire. I said, myself, that it was not marked before the Magistrate; I know it by the hem being uneven - I would not have it cut even; it is hemmed in the border in some places.
GEORGE KNOX . The prisoner had no opportunity of seeing the handkerchief at the watch-house.
MATTHEW STEPHENS.
942. MATTHEW STEPHENS was indicted for stealing, on the 29th of February , 16 lbs. weight of beef, value 12s. the goods of Charlotte Sanders .
The prosecutor did not appear NOT GUILTY .
GEORGE REYNOLDS.
943. GEORGE REYNOLDS was indicted for stealing, on the 3d of March , 1 shovel, value 2s. , the goods of John Stiles .
JOHN STILES. I am a cow-keeper . My yard is in Upper Gower Mews - the gates fasten on the inside; this shovel was in one of the sheds. I saw it safe at nine o'clock in the evening, on the 3d of March: I let half the yard to another person - I know nothing of the prisoner.(Property produced and sworn to.)
GILBERT GOLDFINCH . I am a watchman in Tavistock-square. On the 3d of March, at half-past eleven o'clock at night, I was in Upper Bedford-place, and saw the prisoner coming across some fields, which lead into Tottenham-court-road - I stopped him, and took this shovel from him.
ABRAHAM HARLEY.
944. ABRAHAM HARLEY was indicted for stealing, on the 28th of March , 100 umbrellas, value 50l. , the goods of Joseph Foot .
MR. PRENDERGAST conducted the prosecution.
JOSEPH FOOT. I am a silk manufacturer, and a patent umbrella manufacturer . I live at Hackney; my shop is in Cheapside . On the morning of the 29th of March, my shopman came to me - I went about half-past ten o'clock, and found the shop and stock in great confusion; I am not certain whether I had been there the day before; I missed a great many umbrellas - and one bundle was tied up ready to be removed. I found some at the office.
ANN CLARKSON . I am shopwoman to Mr. Foot, and left the shop in Cheapside, rather before nine o'clock in the evening of the 28th of March, leaving Twinch there; I have seen some umbrellas since - here is one very remarkable, which I know well; about one hundred were missing.
GEORGE TWINCH . I am shopman to Mr. Foot, and was the last person in the shop, on the 28th of February, I left some of the stock in the window, and some in the shop - I went again, about half-past eight o'clock in the morning, and found the door ajar; I missed a great number of umbrellas - the top lock had been broken open, and the other opened by a false key. Full one hundred umbrellas were gone; here is one I can particularly swear to.
Cross-examined by MR. CHURCHILL. Q. Your master is an extensive dealer? A. Yes; I do not know how many agents he has - the one I swear to, has a bone hook, of a description we never had before; it is a black and white bone; we never had one so small as this before - it stood in a corner of the shop the night before; I am certain we never sold it; I had showed it to a customer about seven o'clock that evening.
MARY THORNTON . I am an umbrella coverer, and have every reason to believe this umbrella is one I coverer for Mr. Foot; it is my work, I am certain.
Cross-examined. Q. How long have you worked for him? A. Four or five months; I cover them after the hooks are put on - the books depend on the size of the umbrella; the size of this is not remarkable.
HAWARD LEWIS . I live in Cable-street, Whitechapel. The prisoner came to my house with these umbrellas on Monday, the 10th of March, with another person who knew me; that person said, "I have brought a person here who has one hundred umbrellas to sell, and has brought one as a sample" - the prisoner had this one in a black bag; I think he said they were 7s. or 8s. each; I told him to leave it till next morning, and I would let him know - he came alone in the morning, and I said the price would not do; he said the lot cost 30l., and I might have them for 35l; I said I would have them - he took me to a house on the other side of Finsbury-square to look at them; before we came to the house he said, "We will go into this public-house and have something to drink" - we went, and had some rum and water; while there he said, "I will go to the house, which is just by, and see if they are all ready;" he went out, stopped some time, and I asked the landlord,(who I had seen him speak to,) where he was gone - I went to Mr. Gray's by his direction, and found the door open; I went in, and saw him and Gray in the parlour - a number of umbrellas were there - I looked at them; the prisoner said, "Are you satisfied" - I said, Yes; he said he would get the remainder - he went and brought down some more, and said, "Here is but seventy, but I will settle that at your house;" I said I had left some rum and water at the public house - we went there, and then to the house again; the officer was then waiting there - I thought I was going to see them at his own house; he did not say he had them to sell for another person.
Cross-examined. Q. Have you ever been in this Court before? A. I was tried in the other Court twelve years ago, but acquitted before the trial was half through - it was for fetching some silver spoons out of pawn; I have been very cautious ever since; I was tried at Hick's Hall for a misdemeanor - I have lived where I do for fifteen years; the officer knew me - my house has been searched perhaps twenty times; I gave information of this to the officer.
COURT. Q. What was the misdemeanor? A. It was about some articles which I bought; I was admitted to bail - no other charges were ever made against me; I was never charged with stealing a watch.
Q. What was your house searched about? A. If malicious people will lay informations against me I cannot help it.
EBENEZER DALTON . Lewis gave me information; I followed him and the prisoner to Gray's house, where I found these umbrellas; and up in a cock-loft I found several more: the prisoner came into the house, and whispered to a servant girl, and I detained him - he said he had nothing to do with them; here are the umbrellas - he told the Magistrate he went to sell them for somebody, but did not say who.(Property produced and sworn to.)
MR. CHURCHILL called -
DAVID DUNCAN . On Thursday, the 28th of February, the prisoner, who lodges with me, came to me at three o'clock in the afternoon; I saw him there till eleven, and he then went to bed - it was the day the New Brunswick Theatre fell down - he came in and told me of it; I saw him about seven o'clock in the morning - he slept on the ground floor - I sleep up stairs.
MR. PRENDERGAST. Q. Where do you live? A. At No. 17, Carter-street, Brick-lane, Bethnal-green; the prisoner keeps the house, I lodge there, and have done so about two months - we both work at the same shop, and have our meals together; we supped about ten o'clock - his wife and my wife supped with us; I cannot tell what we had - I did not go out to look at the Theatre till the Saturday; we all breakfasted together next morning, and had our meals together - we dined between twelve and one; we drank nothing but porter at supper; we are both weavers, and work for Ellerby, Wilson and Co.
- DUNCAN. I am the wife of the last witness. On the 28th of February the prisoner came home about three o'clock - he had been to see the Theatre which had fallen down; he was at home all day till about eleven o'clock, when he went to bed; I generally fasten the door- there is no key to it; I saw him again between seven and eight o'clock in the morning - either I or my husband opened the door to let a girl in who nurses my child; I saw the prisoner all the next day - we sleep on the first floor.
Cross-examined. Q. What did you have for supper? A. I think bread and cheese; I do not recollect any gin being fetched - the prisoner went to bed first; he was
down in the supper room before my husband - I am his daughter.
GILBERT WILTSHIRE.
Third Middlesex Jury - before Mr. Serjeant Arabin.
946. GILBERT WILTSHIRE was indicted for stealing, on the 22d of February , 72 glass bottles, value 10s., the goods of Christopher Man , his master .
CHRISTOPHER MAN. I am a bottle merchant , and live at the Old Swan. The prisoner was my carman ; on the 22d of February he was sent with seven gross of bottles to Brentford, to Mr. Stout; my stock is very extensive - it would be almost impossible for me to miss any; I know Mr. Burridge, but have had no dealings with him; the prisoner delivered the right number of bottles to Mr. Stout- he had access to my wharf, where the bottles are kept.
JAMES BURRIDGE . I am the son of John Burridge, of Hammersmith - he is a dealer in marine stores. On the 22d of February I saw the prisoner at our house with a van - he left six dozens of bottles in a hamper, and told me to look over them, and tell him what they came to; when he came back I counted them, and paid him for them - I told my father of it; I had seen him there before selling bottles; I helped him with the hamper out of the van, but I did not notice the van at that time.
JOHN BURRIDGE. My son communicated what took place between him and the prisoner; 6s. was paid to him for the bottles - he came again on the 29th; I sent a letter to Mr. Man - he came again with sixteen dozens of bottles, and was taken.
947. GILBERT WILTSHIRE was again indicted for stealing, on the 14th of March , 192 bottles, value 30s., the goods of Christopher Man , his master .
CHISTOPHER MAN. On the 14th of March I sent the prisoner to Mr. Stout's with four gross of quart and pint bottles, which were all delivered - the prisoner had access to the stock - I had previously seen Burridge and directed him to get an officer ready: I found some bottles at Bow-street on the 15th, and then took stock; there was a deficiency of from fifty to one hundred dozen, making a large allowance for breakage; the prisoner had lived with me about two years, at different times.
JOHN BURRIDGE . On the 14th of March the prisoner came to my house with a van, which had Mr. Man's name on it; he brought fourteen dozens and four pint bottles, and one dozen of quarts - he said, "Master, I have brought you some more bottles;" he went on to Brentford and returned - the officer was there and took him.
WILLIAM TODD . I am an officer - I went and took the prisoner.
Prisoner's Defence. I did not steal them - they were given to me.
GILBERT WILTSHIRE, JAMES McCOY.
948. THE SAID GILBERT WILTSHIRE and JAMES McCOY were indicted for stealing, on the 21st of February , 40 bottles, value 5s., the goods of Christopher Man , their master .
CHRISTOPHER MAN. The prisoners were both in my employ - McCoy was my foreman - it was his duty to assist in loading the van, and he occasionally went out with the carman to deliver bottles. On the 21st of February they both went out with six dozens of quart bottles, to Mr. Stout - they both had access to the stock; McCoy has lived many years with me - it was his duty always to see the van loaded.
Cross-examined by MR. BARRY. Q. McCoy has been with you some years? A. Yes; Wiltshire might take them without his knowledge; I did not see them loaded: I missed from fifty to one hundred dozens, allowing for breakage.
MR. BODKIN. Q. How many years have you been in the trade? A. Fourteen years; I have no doubt about my losing a great quantity of pint bottles.
COURT. Q. Is it McCoy's duty to superintend the loading of the van? A. It was; we have occasionally carried bottles for customers who were moving, but they would be old ones.
JOHN WORCESTER . I am clerk to Mr. Man. On the 21st of February the van was to go to Brentford, at five o'clock in the morning - it was loaded the day before by the two prisoners; I was not present when they went - they came back together.
Cross-examined. Q. What was to go? A. Six dozens of quarts, but no pints.
JAMES BURRIDGE . On the 21st of February I was at my father's house, at Hammersmith; Wiltshire came between ten and eleven o'clock, and McCoy just after him; Wiltshire asked what price we gave for bottles - I said one shilling a dozen - he went out - he and McCoy brought three dozens and four pint bottles: I said we only gave nine-pence a dozen for pints; I believe I paid Wiltshire - they were both together.
COURT. Q. Were they new bottles? A. Yes, I believe so; we sold them within an hour; I did not ask where they came from.
Cross-examined. Q. Will you swear they were new? A. No; I sold them for one shilling a dozen, and had to carry them a long way.
MR. MAN. They are worth three shillings and two-pence a dozen; McCoy knew the value of bottles - he knew the price very well.
McCOY's Defence. I never understood I was his foreman; I had no more wages than another man.
WILTSHIRE - GUILTY . Aged 44.
McCOY - GUILTY . Aged 39.
JOHN BUDD.
949. JOHN BUDD was indicted for stealing, on the 17th of March , 1 mahogany plank, value 50s. , the goods of Henry Cheswright .
SAMUEL BARNES . I work for Mr. Henry Cheswright, a timber-merchant , of Bunhill-row . On the 17th of March I saw the prisoner take this plank of mahogany out of the yard; he put it on his shoulder and walked away with it - he was quite a stranger; I went out and stopped him with it.
CHARLES ROWEL . I am foreman to Mr. Henry Cheswright; I saw this plank in the yard - I saw the prisoner taken and brought back with it.
OBADIAH BUSH . I heard the cry of Stop thief! and stopped the prisoner, who was then running, and Barnes after him.
RICHARD HARLING. I was coming out of Lambs'-buildings; Barnes called to me, "Dick, stop that man," I said, "Hallo my friend, what are you at;" he threw he plank down at my feet; he ran, and was taken by Barnes.
Prisoner's Defence. I was very much in distress.
JOHN FERRIS, HYAM JACOBS.