Old Bailey Proceedings, 3rd April 1837.
Reference Number: t18370403
Reference Number: f18370403
CENTRAL CRIMINAL COURT
SESSIONS PAPER.
KELLY, MAYOR.
SIXTH SESSION, HELD APRIL 3, 1837.
MINUTES OF EVIDENCE,
Taken in Short-hand.
BY HENRY BUCKLER.
LONDON:
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
1837.
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, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
OF THE
CENTRAL CRIMINAL COURT.
Before the Right Honourable THOMAS KELLY , LORD MAYOR of the City of London; the Right Honourable Sir Nicholas Connyngham Tindal, Lord Chief Justice of His Majesty's Court of Common Pleas; Sir Joseph Littledale, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir Job Taylor Coleridge, Knt., one other of the Justices of His Majesty's Court of King's Bench; Sir Thomas Coltman, Knt., one of the Justices of Hit Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart; John Atkins, Esq.; William Thompson, Esq.; Sir Peter Laurie, Knt; Charles Farebrother, Esq.; and Henry Winchester, Esq.; Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt; tones Harmer, Esq.; John Pirie, Esq.; Thomas Wood, Esq.; John Lainson, Esq.; and John Humphery, Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyerand Terminer, and Gaol Delivery of Newgate, holden for the said City and Judges of the Central Criminal Court.
LIST OF JURORS.
First Jury.
John Bothwick
Henry Sloman
Stephen Bretton
Henry Thomas Wood
John William Rood
Valentine Sentence
William Tyrrell
John Walsh
John Wenman
Robert Wade
William Wright
Charles Sugars
Second Jury.
Robert Young
James Scott Pearce
William Crofts
James Francis
Giles Spray
William Stone
John Taylor
Thomas Shilcock
James Crabbe
William Garvey
Robert Attfield
Charles William Tanner
Third Jury.
John Barnham
Gerorge Fowler
John Waterhouse
John Skipsey
Thomas Sumner
William Silvester
William Randall
William Hammond
Thomas Scrivener
William Henry Trellice
Henry Atkinson
James Richardson
Fourth Jury.
Joseph Collinson
James Barlett
Peter John Pedlingham
Philip Pymm
George Tyler
Edward Wickens
Joseph Saunders
Benjamin Tidman
Tohn Smy
William Miller
William Melluish
John Mullins
Fifth Jury.
Thomas Wilson
William Ward
James Sadler
William Lioyd Metxer
William Mills
William Rackstraw
Thomas Wilcox
Edward Miller
John Porter
Thomas Wood
Henry Smith
John Avery
Sixth Jury.
James Wettenball
Henry Clisby
David Spencer
John Newby Stables
Richard Simonds
John Swainson
Henry Bailey
Thomas Thorne
John Thomas Woodward
Thomas Hardwood
William Wills Warcup
Charkles Whittaker
CENTRAL CRIMINAL COURT.
KELLY, MAYOR. SIXTH SESSION.
A star (*) denotes that the prisoner has been previously in custodyAn obelisk (), that the prisoner is known to be the associate of bad characters.
CAPITAL CONVICTIONS.
Third Jury, before Mr. Sergeant Arabian.
Reference Number: t18370403-913
913. JOHN BACKHOUSE was indicted for that be, on the 3rd of March, at St. George, Hanover-square, about the hour of eight in the light, being in the dwelling-house of John Webster, 1 umbrella, value 3s., the goods of William Maule Webster, feloniously did steal; and having committed the said felony, afterwards feloniously and burglariously did break out of the said dwelling-house, and the said goods and chattels feloniously and burglariously did steal.
JOHN PUTTRELL . I am foot-boy to Mr. John Webster, of No. 56, Grosvenor-streethe is master of the house. On the 3rd of March, about five minutes after eight o'clock, I heard a ring at the bellit was darkI opened the door, and the prisoner was thereI newer saw him beforehe asked me whether the cook was at homeI said, "Yes," and asked him inI that the door, and put the chain uphe said he came from Mrs. Wilson, who had a letter from the country, and she wished to see the could as won as she couldMrs. Attfield was the cookI left him in the passage, after shutting the door and putting the chain up, because I did not like his appearanceI went on to the kitchen stairs and called the cook, and I heard him take the chain from the door, and the door openI heard him come along the hall, and saw him take the umbrella, and he went outI went and opened the parlour door, and told master there was a thiefI then ran after him into Lower Grosvenor-street, through Bruton-street, and never lost tight of him till he was securedthe umbrella was picked up in the street.
JOHN WEBSTER . The dwelling-house is mineit is in the parish of St. George, Hanover-square. I was at home a little after eight o'clockit was darkPuttrell said there was a thiefI ran out immediately, and followed the prisoner into Little Bruton-streetanother person followed, and went down Grosvenor-mewsI went round, and met the prisoner in fronthe gave me a blow in the face, which almost stunned me, and almost knocked me down, but I seized him by the collar, and kept hima little boy picked up the umbrella, and brought it to our house next morningit belongs to my brother, William Maule Webster(looking at it)this is it.
EDWARD GRIFFITHS . I live at No. 58, Thomas-street, Grosvenorsquare. On Friday, the 3rd of March, I was coming through Brut onstreet and picked up this umbrella.
ROBERT FORESHAW . I was out in the street about five minutes after eight o'clockthe prisoner passed me in, Bruton-streetI heard the cry
of "Stop thief, "ran into Lower Grosvenor-street, and saw him meet the prosecutor, and strike him in the face, but he was secured.
Prisonser's Defence. I am quite innocent of the chargeI never went into the house at all.
GUILTY DEATH . Aged 24.Recommended to mercy.
First Jury, before Mr. Recorder.
Reference Number: t18370403-914
914. THOMAS WTERS was indicted for burglariously breaking and entering the dwelling-house of Eliza Ann Mitford, about the hour of three in the night of the 1st of April, at St. George, Hanover-square, with intent to steal, and stealing therein, 1 coat, value 30s., the goods of the said Eliza Ann Mitford.
ELIZA ANN MITFORD . I am a widow, and live at No. 22, Dover-street, Piccadilly, in the parish of St. George. The prisoner was my foot-boy between four and five monthsI discharged him on the 28th of Marchon the night of the 1st of April, I retired to bed a little after eleven, or between eleven and twelve o'clockthe doors and windows were reported to me by the cook to be secureI was awoke a little after three o'clock in the morning before daylight, by somebody turning the handle of my bed-room door, which was lockedI listened and heard it a second timeI immediately got out of bed, and perceived a light in the next room, which it a dressing-room, but there is a bed in itI perceived the light under the crack of the doorI exclaimed, "There is a thief or thieves in the room, and a light also"I immediately rung the up-stairs bell for the maidI threw up the sash window, and sprung a rattle which brought the policeI called out of the window that there were thieves in the house, and to take hold of any body they met withI went down stairs in ten or fifteen minutes, and found the prisoner in the kitchen, in custodythe police had got into the housethey had called out, "It is all right, it is your servantI observed the sash of the kitchen window upand the bars had been loosened to enable him to entera skylight was broken all to pieces, which would enable him to enter the houseit was the skylight of the passage between the area and the kitchena person getting through the kitchen window would still be stoppedthe kitchen door was bolted outside, and he could have got no further, if he had not broken the skylight which gives light to the kitchen and passagehe might have gone lack, but he could not get into the rest of the house without breaking thatit is over the dresserI saw a great coat in the hands of the policeit had been left in a back pantryI had seen it there the day beforeI value it at 30s.I had a little servant boy who occupied the pantry where the coat was taken from.
WILLIAM UNDERWOOD (police-constable C 70.) I was on duty in Dowerstreet, on the 1st of April, in the night, and heard a noise, about three o'clock, proceeding from the area of No. 22, Dover-streetI went to the area, looked over and saw the prisoner standing in the area underneath the steps, which are a wooden ladderthe area gate was shut, but unlockedI called to him and said, "Is it all right there?"he said, "It is all right, I have been on a spree to night"I knew him before, and supposed he was still in the prosecutrix's serviceI walked a short distance away, listened, and heard somebody striking a lightI thought all was right then, and went round my beat; and when I returned, I went to the area again, and heard another noiseI found the area gate still locked and somebody came out of the kitchen, or out of the coal celler, I could not say whichI said to him, "Is it all right down there?
he said, "All is right, you may come down and see"I said, "Have net you got somebody there with you?"he said, "No, come down and see if you like"I went down, and on searching the coal cellar, I heard a noise in the kitchen, or in the house, of somebody cominghe heard the same, and he ran up the steps, and ran away, and I after him springing my rattleheard the rattle spring from the upper storyMrs. Mitford called out of window, "There are thieves in the house"I said, "It is a servant of yours, ma'am"she said, "It is no servant of mine"I sprang my rattle immediately and she sprang here at the same time, and in about five minutes he was brought back by another constable.
JOHN WHALL (police-constable C 63.) On the morning of the 1st of April I was on duty in Albemarle-street, and heard two rattles springI saw the prisoner running from Dover-street, along Stafford-streethe ran down Albemarie-strcetI pursued and took him, with this coat under his arm, rolled uphis hand was bleedinghe said, "You know me, policeman, it is all right"I told him I did not think it was all righthe said, "I hare been out for a lark or spree, and I was merely getting in to have a lodging in the kitchen"I took him back to Mrs. MitfordI afterwards looked at the bedroom door on the second floor, pointed out by Mrs. Mitford, and there were marks of blood on that door, as well as on his bandI found in the pocket of the great coat, which I found under his arm, a piece of wax candle, with a mark of fresh blood on itI examined the premises, and found a bar had been forced at the kitchen window, at the bottom of the area steps, to enable him to enterit was an iron, upright barthat would enable any body to lift the sash of the windowit was loosened at the bottom, and shoved on one tidethat would enable a person to get to the sash window to raise it, and enter the houseI observed the skylight in the kitchenthe woodwork was cut and relieved, and I found a knife in the kitchen, marked with blood on the handlethe prisoner's hand was cut on the back, at pane of glass would cut itthe skylight was broken, so as to enable the body of a man to get throughfour squares of glass were removedhere is the piece which was cut out of the framefour panes of glass were all removed, and the woodwork which connected themit is eight or nine feet high, but there is a dresser under it which he could climb uphe went into the pantry, where the coat had been taken fromI found the little boy up stairs, concealed between two mattresses in the garret, very much alarmedthere was a bed in the pantry, in which somebody had slept, but I did not see the boy therehe it about fourteen years oldthe prisoner was perfectly soberI produce tthe coat.
MRS. MITTFORD re-examined. That is the coat lost from my house.
JANE CHAPMAN . I am cook to Mrs. Mitford. I fastened up the house on this nightI barred and bolted itI left the kitchen window fastened with an iron bar outside, and the shutters too, and bolted the kitchen door two iron boltsthat was about twelve o'clockI was the last person up-the skylight was unbroken when I went to bed.
HENRY LOWE . I am servant to Mrs. Mitford. I slept in the pantry, and heard a noise, about two o'clock in the night, of the smashing of the glass of the skylight, and the prisoner came into my room after thatlie did not do any thingI said, "Who is there?" and he walked out againthen went out of the room, and tried to make them hear in the houseI ran up the back stair-case, and knocked at mistress's door up stairsI ran up to the top of the house, and got in between two bedsthe policeman found me thereI am fifteen years oldI did not know who it was when
he came into the roomI had seen the prisoner when I went after the situation, but did not recollect him when he came into the pantryI knew him again when I saw him in custody.
JURY. Q. Were you brought down to see the prisoner in the kitchenafterwards? A. Yes, and knew him to be the same personI had a great coat on my bed, but not the one which was takenthe one found on the prisoner was taken out of the pantrycupboardI did not know it was thereI came to the service in the prisoner's place.
Prisoner's Defence. I never went into the house at allI had been to a public-house all the eveningI heard a noise down in the area as I went byI went down, and found the great coat on the step, and went into the coal cellar, wrapped the great coat round me, and went to sleep in the coal cellar, and was there when the policeman came down.
WILLIAM UNDERWOOD re-examined. I did not find him asleepI spoke to him a quarter of an hour previouslythe house is in the parish of St. George, Hanover-square.
JOHN WHALL . That is the parish.
GUILTY DEATH . Aged 18.
First Jury, before Mr. Recorder.
Reference Number: t18370403-915
915. JOHN DAVIS was indicted for burglariously breaking and entering the dwelling-house of William Young, about the hour of two is the night of the 31st of March, at St. John the Evangelist, Westminster, with intent to steal, and stealing therein, 1 medal, value 18d.; 1 crown, 2 shillings, 1 sixpence, 9 shillings, 1 fourpenny-piece, 73 pence, and 411 halfpence; his goods and monies.
WILLIAM YOUNG . I keep the Artillery Arms public-house in Rochester row. My house stands in two parishesthe part that was broken is in the parish of St. John the Evangelist, WestminsterI am not positive that it is not called St. John onlyon the 31st of March I went to bed at a quarter before two o'clock, and I fastened up the houseI and my wife were the last persons upwe both went to bed at the same timeI had left about 1l. in copper, and some silver, in the till, and there was some silver in a desk at the end of the counterI was alarmed about four o'clock in the morning by the policeit was quite darkI found the street door on the spring-lockI had left it boltedI assisted the police in searching the premisesI found a skylight in my wash-house broken open, and a clothes-prop had been down the hole, which propped up the skylight, that would enable a person to get init was shut to night beforeafter a person came in at the skylight, he would come to the bara pane of glass was taken out of the bar window, the fastening undone inside, and the sash shoved aside, which would enable him to get into the barit was all fast over-nightI missed my till from the bar, and found it in the kitchen, and all the contents gone, and the silver from the deskI had a crown-piece of Charles the Second, two old shillings, one old sixpence, and a silver medal, in my deskthe prisoner was brought into the house shortly afterwards, and searchedall the silver and old coin, the crown-piece of Charles the Second, and the medal were found about his person, also a piece of paper which the old coin and medal had been wrapped init was a memorandumI have not doubt of the medal and coins being what I lost.
GEORGE SPOTTISWOODE PECK (police-constable B 149.) On the morning of the 31st of March, I was on duty near the prosecutor's house. I had got to the
corner of Rochester-row, and saw the prisoner come out of the prosecutor's side dooron seeing we immediately went back into the house, and shut the doorI called a constable to the house, and alarmed Mr. Young, who let as inthere is a drain which divides some gardens at the back of the house, and found the prisoner secreted under some boards of the drainI took him into custody, and found the crown, and two shillings, a sixpence, the medal, and all the money, silver, and copper, on him, and a piece of paper which I producewhen he was asked where he got the money from, he said from the tillI know the parish the house is init is St. John, the Evangelist, it is marked up on the prosecutor's house, and the division of the parishit is the boundary markthe side door of his house, and the bar, is in St. John, and the skylight also.
MR. YOUNG re-examined. This is the paper I had the coin inthe amount of the money is 2l. 1s. oddthere are the letters S. J. E. upagainst my house.
JOHN LONG . I am servant to Mr. Young. I fastened the skylight over-nightI went to bed a little after twelve o'clockwhan the alarm was given, I found the fastening, which was a long rod with boles in it, and fastens to a hookI found it was not as I had left it, it had been unfastened by the prop, and three panes of glass taken out.
Prisoner. I throw myself on the mercy of the Court.
GUILTY DEATH . Aged 22.Recommended to mercy.
Sixth Jury, before Mr. Common Sergeant.
Reference Number: t18370403-916
916. EDWARD THORNETT was indicted for feloniously assaulting William Grant Liddaman, on the 19th of June at Wilsden, putting him in fear, and taking from his person, and against his will, 1 shilling, 1 sixpence, I and 7 fourpenny-pieces; his monies.
WILLIAM GRANT LIDDAMAN . I am an apprentice to Mr. Bird, a pawnbroker, residing at No. 141, Long-acre. On Sunday afternoon, the 19th of June, about half-past two o'clock, I was in a field in Kilburn, leading from Kilburn to Wilsdenin the parish of Wilsden, I believe, and in the! county of Middlesexrain came on, and then I went and stood under a treeno one was there when I went firstin about five minutes the prisoner came upI am quite sure it was himhe wished to enter into conversation with meI cannot exactly say his words, but I went further down to stand under another tree, and left himwhile standing there the prisoner came uphe followed mewhile I was standing there he took hold of my collar, and said, "Your money or your life"I am lure he said that, when he had hold of the collar of my coatI told him I had no moneyhe then said, "Let me feel in your pockets? "he let go of me, and I ran into the middle of the fieldhe ran after me, and again took me by the collar of the coathe then said, "Let me feel in your pockets?"it was raining at the time, and I told him if he would come under the tree, I would give him all I had got, as I was frightened(it was thundering and lightning at the time)I told him that in consequence of fearthen he dragged me by the collar of my coat under the tree, and when we were under the tree, I gave him three fourpenny-piecesI put my hands into my pocketshe then said, "Let me feel in your pockets, you have more?"he did not feelI put my hand into my pockets, and gave him two more fourpenny-pieces, but before that I asked him, if I gave him two more would he let me go awayhe said be would, on his Godthen I gave him
the twoI heard the click of a gate, and saw two men about entering the gate, but instead of entering, they both went down the laneI sung out, "Murder"the prisoner let go of me when he saw the menwhen the men were gone, he again took hold of me by the collar of the coatI was standing in front of him, so that I could not run away wellhe then said "If you do not give me ail you have got I will have your life"that frightened me, and I gare him two more fourpenny-pieces, one shilling, and a sixpence, which I took from my waistcoat pocketI had before takes then from my breecheshe then thrust his hand into my waistcoat pocket, where I had taken the money fromI heard some noise, as if it was one behindafter he had put his hand into my waistcoat pocket, he felt my folo, to feel if I had any watch, but while the men were at the gate I had slipped downfinding no watch there, and hearing this noise, he ran off, and left meI did not follow him, I ran from himwhen I got to the gate, I turned round, and saw the prisoner making his way through the hedgeI then crossed the other field to where my father wasI gift him and others information, and I and my uncle, and my father, went in pursuit of the prisonerafter a long search it was proposed to look in a barnthere were two gates to the barnI entered at one, and came out at the otherI perceived the prisoner standing with his hat and coat off my father was standing by my side at the time, and I directly said, "That is the man, "in the prisoner's hearinghe instantly ran off, pursued by my fatherwe lost sight of himI and my uncle went after himhe crossed the road to get into another field, where a man seeing him run by, and hearing the cry of, "Stop thief, "pursued him, but we lost him after running across five or six fieldswe then ascertained who the man was that ran out of the barn, from some of the haymakersI did not see bin again that daywe next heard that he was confined in Oxford jailI went down on the 23rd of March, and saw him thereI am sure he is the manlitre not the slightest doubt of itI was standing in the court of the prison, when, all unawares, the prisoners came out, and turned the cornerI said, "That's the man"I knew him instantly.
Prisoner. At the time this robbery was committed, it was put in the "Hue and Cry" that the man had got big whiskersI never saw this man in all my life till I saw him at Oxford. Witness. It was a mistakeit was supposed he had whiskers, and it was put down so, but the man I saw had no whiskershe was dressed in a velveteen jacketI cannot my what waistcoathe wore the same pair of trowsers he has on now.
WILLIAM TURVEY . I live at Wilsden-green, Middlesex. I am a la-bourer, and work for Mr. William Anderson, a farmer thereI worked for him last summerI knew the prisonerhe was employed for Mr. Anderson, last summerhe was employed in haymaking in JuneI recollect, on a Sunday, the prosecutor running across the wood-field, which is my employer'sI saw the prisoner run out of the shed which they call the barnI never saw him after he ran across the fieldhe had no coat on, and no hat, to my recollectionif he had gone on in his regular course of work, it would have been his duty to have come the next morningthere had been rain, and a heavy thunder-storm that daythe prisoner never had any whiskers.
THOMAS SMITH . I live at Wilsden, and am a labourer. I heard them halloo, "Stop thief, "that Sunday, and saw a man running across Baker's field from the shed, or the barnI ran after himhe had got neither hat or coat onI followed him with Liddaman, the witness, and his father, and his unclethe man escapedI had known him beforeit was prisonerI am perfectly sure he is the man.
Sixth Session, 1837.
Q. Did you not say before the Magistrate, you could not say whether the prisoner was the man or not? A. I am not certain that he is the manI think he is the man.
FREDRICK DEBENHAM . I reside at Kilburn, and keep the Post Office there, and am a constable. I remember the prosecutor leafing my house on that Sunday, about two o'clockI remember his returning in about half an hour, or a little betterhe was very much flurried, and gave me information, in consequence of which we went alter the prisoner immediatelywe went to the barn, and the hat and coat were given to me after the man had run awayI saw him run away without a hat and coatI cannot positively swear to the prisoner, but I believe him to be the personI was not within twenty yards of himI have got the old hat and coat here.
HENRY FALL . I am one of the officers of Bow Street. On the 24th of March I took the prisoner into custody, at Oxford gaolI was present when young Liddaman saw him in Oxford gaolhe recognised him instantlythe prisoner said he knew nothing about him.
WILLIAN LIDDAMAN . I live at No. 9, London-road, Southwark, and am a hosier. I went out on the 19th of June, to see Mr. Debenham, who is my brother-in-lawI remember my son coming back very much agitated, and in consequence of what he told me, I went after the prisonerI saw the prisoner in the barn, lying on the haymy son said, "Father, that is the man"the prisoner then rose from the hay, looked at me, and instantly shot out of the door of the barn, and I pursued him, crying out, "Stop thief, "loudlyhe continued to run very swiftly, crossing a lane which runs from Kilburn to Wilsden, and Smith joined in the pursuitI lost him after five or ten minuteson my oath, he is the manI had not given my Son any four penny-pieces that day, but I was aware he had three of four in his possession, as well as other money, to my knowledge.
JOHN CLIFTON . I am constable of Shipton, in Oxfordshire, the hamlet where the prisoner resided. Two men came to me, and said something about this robberyin consequence of that, I went to the prisonerhe lived in the parishI told him I was come after him in a case of robberyhe did not make any reply in that casethen we took him into custody, and took him to Mr. Poole's, the keeper of Witchwood ForestI took him there because the keeper had got information against him as wellwe took him to the Magistrate, and then we had him committedwhile we had got him in custody he said he had got the things on that he had when he committed the robbery in Londonhe began by saying, "I am afraid of the London job"I knew what he meant, because I had seen it in the paperI could not say what job he meanthe said that people pursued him, and he ran awayhe said there was a young man, and he "thought to know whether he would know him again"he said that he had got the breeches on that he had when he did the jobI could not say what job it was.
Prisoner. I never spoke a word to you in my life. Witness. Yes you did.
WILLIAM POOL . I came from the Forest of Witchwood, and am deekeeper therethe prisoner was brought to me by two constables because I had a warrant against himI took him before the Magistrate, and he was committed for the offencehe told me that there was a case up the country that he was Very much afraid ofhe said he was advertised as having trowsers, "But, said he, these are the breeches that I had on when I committed the offence"he repeated this to me several times, in the same
way, while I had him in my possessionI had him from the 24th of December till the 25th, in the evening, and then I took him to Oxford goal.
Prisoner. I never told you any thing of the kind.
Witness. Yes you did.
Prisoner's Defence. I never saw this man in all my life, and was not near the place at the time.
GUILTY DEATH . Aged 21.
Before Lord Chief Justice Tindal.
Reference Number: t18370403-917
917. JAMES GREENACRE was indicted for the wilful murder of Hannah Brown; and SARAH GALE as an accessory after the fact.
MESSRS. ADOLPHUS, CLARKSON, and BODKIN, conducted the Prosecution.
SAMUEL PEGLAR (police-constable S 104.) On Wednesday, the 28th of December, I was on duty in Edge ward-road, and about ten minutes past two o'clock in the afternoon Robert Bond came to mein conesquence of what he said, I went with him to a pathway near the Pine Apple-gate, Edgeware-road, about eighty yards from it, on the side near Londonon the left-hand side going from LondonI observed a large flag-stone in the path-wayI there found this sack (producing it) I found it contained the trunk of a human body, without a head, and do legs or thighsI found all these things by the side of itthey are rags and a corda part of this cord the arms of the trunk were tied with across-the bag bore the impression of a string or cord on the upper part of it, as if it had been tied at the mouth, but the string or cord recently cutme of the rags were lying close to the bagother pieces were lying by the side of it, and other pieces further from it, but ail within a foot of the bagthe stone laid with the upper part against the wall, and the lower part about thirteen inches from the wallto the best of my recollection the stone was more than four feet long, and rather better than three feet widethe bag was about a foot from the stoneit was not under the stone when I arrivedthe stone laid aslant, the upper part of it resting against the wallI procured a wheelbarrow, and carried the bag and its content, and the rags, to the Paddington poor-houseI examined the bag, and observed in it appearances like those of mahogany scrapings, such as would be thrown off from a piece of mahogany which had been recently planedI have seen a steel instrument applied to mahogany after it was planedthey were scrapingson Monday, the 27th of March, in consequence of hearing of the apprehension of somebody, I accompanied Inspector Feltham to No. 1, St. Alban's-street, LambethI examined the back room on the ground floor, and found this child's frockit is twilled jeanit is patched with nankeen, as one of the rags I produce appears to be patchedit is one of the rags I found with the sack.
JURY. Q. Is the shade of the nankeen in both the same? A. The quality is.
MR. CLARKSON. Q. Does the frock found at the house appear patched in the same manner as the remnant of a frock found at the side of the bag appears to be patched? A. It does. (These articles were here handed to the Jury.)
JAMES WHITE . On Wednesday, the 28th of December, I was in Edgeware-road, near the Pine Apple-gatemy attention was drawn to a stone there, on the left-hand side going from Londonit was leaning against wallI observed a bag there, with something in itit was lying on the ground behind the stonethe sack was corded round three or four times
I do not remember whether the mouth of the sack was corded upI sent for Pegler of the officer.
EZEKIEL DICKENS . Pegler the officer drew my attention to a stone lying against the wall near the Pine Apple-gate, on the 29th of DecemberI had been to that stone on the 24th, at half-past two o'clock in the afternoon, for the purpose of placing a small piece of wood, which the employed on the improvement of the path had dug upI placed the wood behind the stoneat that tine there was no sack, or any thing whatever, under that stone.
MATTHIAS RALPH . I am lock-keeper of the Begent't canal, and live at Johnson's Lock, Stepney. On the 6th of January last, I believe, about half-past eight o'clock in the morning, I had occasion to abut the gates of the canal, and found something impede their shuttingI was called to by a bargeman, who told me there was something in the gateI immediately went with a hitcherI found the gates would not come toI put the hitcher down, and pulled it along to the middleI said, "It is a dead dog; case the gate"they eased the gateI pulled it up, and, to my surprise, I found the head of a human beingas soon as I pulled it from where the gates met, the gates joined, and then I pulled it straight upI saw the ear firstthat made me know it was the head of a human beingthe water was about five feet deep there, or it might he five feet three inchessometimes it is more, and sometimes lesswhen I got the head first to the surface of the water, it went down againthe hitcher let go of the hairit was very long hairI put the hitcher down again, and could not feel it mysefa man was with me, and I said, "Bob, take hold of the hitcher" at took it, and carefully drawed it alonghe said, "I cannot pull it cuthe gave me the hitcher on the gateI took it, end landed the head the groundI untied the hitcher from the hair, and examined itthe hitcher brought it up by the Bait alone both timesI examined it, and food the right eye to be knocked out by a stick, or some other weaponI found the flesh in a perfect state, not soddenthe left jaw-bone was broken, and penetrated through the skinthe bone itself was through the skinIobserved that the left car had been pierced, and had had an earring torn through in youth, and there was a seamin the right ear there was a hole, which was perfectin the left ear there was a seam grown up where it had formerly been tornit appeared thai the slit had grown together againfrom its appearance, I should suppose the head had been in the water four or five daysI cannot exactly say, because sometimes bodies will change in a short time, and sometimes not for a long timeI cannot speak nearer than to four or five daysI have frequently picked them out in two days, and they have looked worse than others which have been in ten day I did not observe the back of the headthere were no earsI laid the head down, went to my house, and fetched a cloth, wrapped it and took it to the bone-house, and locked the door.
Cross-examined by MR. PRICE. Q. Were you the first person that took head out? A. Yes, and the only person that handled it on the lockseverall others saw it, but no one bandied itthe man who was with me said "I am done," when he was bringing it to the water's edgehe was I believehe went and cast afterwards, and the other one, when he took hold of the hitcher, said, "I cannot do it"they were so alarmedin the lock, I have every reason to believe it would have been more freahthe woundthe mark would have been mow freshI cannot tell how
long it had been in the lockperhaps three, four, or five daysI cannotsometimes we pick bodies out of the canalI have picked out several, and sometimes one that has been in the water three or four days will great deal worse than those which have been in ten dayspicked them out when they have been in overnight (the hiccher was here produced)I put the hitcher down, and drew it along, and drew it up.
COURT. Q. By which part? A. The hook; and when I got it to the top of the water it disappearedit was held by the hairI scraped for it the second time, and when I found it, lifted it upI did not into itthe hitcher was never off the groundthe bottom of boarded in that partI did not dig after itI was more particular it up the second time, because I did not know at first what I had got.
MR. PRICE. Q. You say the wound in the eye had not been done the lock, because it was not a fresh wound? A. It would have been more freshI did not examine any other wound, except that in the jaw, that did not appear freshnot quite freshthat might have been done the gates, bat I cannot sayI cannot say whether that might not have been lone by a stick, or iron instrumentI have every reason to gay the wound in the eye could not have been done in the lock, or part of the eye would hare been hanging to itI could not perceive that more than one jaw was broken, but I did not examine or perceive any other bruise or markI did not overhaul it to feel it, as medical assistants would have doneI examined it carefully, as far as I did examine it, but I did not examine the back part of the head, as medicalI examined it as far as I could see, for about two minutesthe flesh was perfectI put my hand to itit was not like what we pick out of the water, when it has been there perhaps a monthnot sodden or rottethe wound on the eye was rather roughthe first parts of the head I saw in the water was the ear and the hairthe head only went down had not much trouble in getting it upthe weight of it was nothing to liftI wrapped it up in a piece of old sack, which I left at the bone-house along with the head, wrapped up as I did itI cannot sty it was coarse or fine sackingit was a piece I had lying by meit was a coal-sack or what I cannot sayit was quite sufficient to cover the headI left the head at the bone-houseI did not delivered to bodyI locked the door, and returned the key to the grave-digger.
MR. CLARKSON? Q. You did not examine the back part of the head; if I understand you, the back part of the head had long hair to it? A. Yes, that would prevent nay observing it.
JURY? Q. Could you have broken the jaw-bone with the hitcher? A. No; I am confident the hitcher could have hurt nothingI perfectly certain I did not injure the head by dragging it up.
MR. PRICE? Q. Was the head floating? A. No, it was down bottom of the water.
MR. CLARKSON? Q. Did you afterwards see the head any where else? A. I saw it in the course of the afternoon at the bone-houseMr. Goulding and one of the police inspectors were presentI cannot say on horsebackthere were a great many people thereit was the head I had brought out of the water, and which was taken care of by the police.
JAMES PAGE . I am a labouring man. On Thursday, the 2nd of February, I was working at an osier-bed in Cold-harbour-lane between Camberwell and Brixton, and found a sack among the bushesthere was a
hole in the sack, and I saw the part of a knee through the holeI did not open the sacka young man who was there pulled it open in my presenceit contained the legs and thighs of a human beingthey were taken to the station-house by a policeman, whose name I do not know, who came there while I was there, and they remained there till after the inquest.
WILLIAM WOODWARD (police-constable P 157.) I went down to the osier-beds, and assisted in carrying the legs from there to the station-house, where they remained till after the inquestI afterwards conveyed them to Paddington police station-house, and from thence to the poorhouse at Paddington.
EVAN DAVIS . I am a cabinet-maker and upholster, and live at No 45, Bartholomew-close. I knew the deceased, Hannah Brown, for five years last Februaryshortly before Christmas I heard she was going to be marriedabout a day before Christmas, I was, called down from my workshop into the sitting room, and saw Mrs. Brown there, and the male prisonerhe was introduced to me by Mrs. Brown as her beau, as her intended husbandshe was about forty-seven years of ageI think they staid there together about three quarters of an hour at that timeshe did not introduce him by any name at that timethe prisoner and I went to the Hand and Shears public-house together, and drankno conversation passed that evening about his intentionshe had a deal to say about America, and said he bad a large farm there of 1000 acres of land, at Hudson's Bayhe said he had been away from there about four months, and that he was going back three weeks after Christmasafter this we went back to my house, and had supper together, and they left about ten o'clockon Thursday, the 22nd of December, Greenacre came again to my house, I believe it was between six and seven, o'clock, with Mrs. Brownthey took something at my house, and after that, I and the prisoner went to the Queen's Head and French Hornhe was in conversation about America, the grand place it was, and the rail-loads there, and his farm, which bo described as a beautiful placeafter having a pint of ale, he said he was in a hurry to go home to my house, we went back there together, and supped together at nine o'clockafter supper he sat at the right of Mrs. Brown, and Mrs. Brown on his left, on the sofaI sat opposite to him, and my wife opposite to herhe said, "Well, we may as well tell you our intentions, (as we are not children,) before you, and we intend to get married on Sunday morning at St. Giles's church, and it is agreed that you shall be the man to give her away, and your eldest daughter to be the bridesmaid, and you being kind enough to offer us dinner on that occasion, we shall accept of it"I had offered to do sowe then began to talk about meeting on Sunday morning, and it was agreed that we. should meet at the Angel public-house, near the church, at ten o'clockthey went away toast a quarter past ten o'clock, and I walked about a hundred yards with themfrom that time I never saw Hannah Brown again aliveon good Friday I saw a head at the Paddington Workhouse-the forehead, I observed, was flat, and the eyebrows straight, not so much in a circle as persons generally arethe eye was grey, and the two upper teeth were precisely like Mrs. Brown'sI did not observe any thing peculiar about the ear, for I had never seen her ear when alive.
Q. Did the appearances you observed of the head at the poorhouse correspond with the appearances of Hannah Brown's head in her lifetime?
A. It did in my opinionI could not swear to it, but the appearances of
the forehead, the eye, and the teeth, corresponded with her appearance, and I believe it to be her headher eye was grey.
Cross-examined by MR. PRICE. Q. You accompanied the prison and Mrs. Brown part of the way; did the make any proposal to you? A. They told me to be to my time, and I said I would.
Q. Did the ask him to step into any houses as you went altar and have something to drink? A. I do not recollectI cannot recollect itI do not recollect her asking lor something to drink more than once, and its being rejected by me and the prisonerit is no use to go and falsehood, and I won't do itshe did not say any thing of the sort, to at recollection, nor any thing that would lead to such a matter.
MR. CLARKSON. Q. You knew the deceased, Hannah Brown, five years; were her habits those of a temperate, sober woman, or of a drunken and dissipated one? A. There was not a more sober woman, I believe, in London, nor a more pleasant and agreeable womanif I had been pressed to go into two or three public house during the hundred yards I walked with them, I should think I should recollect it.
CATHERINE GLASS . My husband is a plasterer, and we live in Windmill-street, Tottenham-court-road. I was acquainted with the deceased, Hannah BrownI remember the 24th of December last, (Christmas eve,) very wellshe came to my house as near twelve o'clock that day as I can recollectI knew perfectly well that the was about to be married next day, for she was to have slept with meI knew that a week beforeit was arranged before that day, and on that day alsoit had been spoken of several times during the week, and on the 24th, nine o'clock, was the hour named for her to cometo the best of my recollection, she was not above half an hour with me that Saturdayshe had no appearance of black eye or bruise about her face at that time at allI never saw her again alivethe was a woman of very sober habitsshe appeared quite in her usual health and spirits when she left meI have not seen she head.
COURT. Q. Did the come foot to you? A. YesI live very near hershe lived in Union-street, Middlesex Hospital.
Cross-examined by MR. PAYNE. Q. What are you yourself? A. I keep a mangleI had known Hannah. Brown nearly two yearsI cannot tell how often I saw herI did not alwaya see her once a week, and some times I saw her as often at throe or four times a weekmy business kept me very much at home, and so did hersI knew the time for her leaving her lodging in Union-street was not upshe occupied the kitchen below stain.
MR. BODKIN. Q. Where used you to see her? A. She sometimes would call on me, and sometimes I called on herI have seen her in the evening as well as morning, and at different timesthe always appeared a woman of sober habits.
HANNAH DAVIS . I am the wife of Evan Davis. I knew the deceased Hannah Brown five yearsI saw her last on the 22nd of DecemberI have seen her in company with the prisoner Greenacrethey came to our house together twicethey said they were going to be married, that they were asked at St. Giles's church, and were to be married on Christmas morningthis was on the 22ndwe were to meet them at a public-house, I do not know the name, close by St. Giles's churchI was to have provided dinner for themGreenacre said they were going to Hudson's Bay, and he would be very glad to see us over there, and our family, fur there we could
have a home and welcomehe represented that he had a great deal of land thereI cannot recollect whether he mentioned how muchit was a good deal, and if we came over we could have a home thereI have a daughteron Christmas eve, the 24th, became to our house, as near as I can recollect, boat eleven o'clock at nighthe asked me if Mrs. Brown had beenI said, "No"he immediately said, "She said she would not come"he said he thought proper to let me know, as I was so kind at to ask them to dine with on the day, that the marriage was not to take place, in regard that he had made a close investigation with respect to property, and found that she had nonehe did not add any thing moreI asked him to walk inhe said, "No," and, I wished him good nightthis conversation took place at the street-door.
Q. Did he say any thing about poverty? A. He said it would not do for them to plunge into povertyhe seemed very much agitatedI had known Mrs. Brown five years last Februaryline had rather a high forehead and longish featuresshe had very good teeth, short, thickish, and evenshe had a slit in one of her earsI had observed itit was an open slit, but it had healed each side of the ear, and a second place was bored above for the ear-ringnever saw her afterwardswe made a great deal of inquiry about herI did not go to the workhouse to see the headher hair was a sort of brown, neither dark nor lightit had been light, and it was intermixed with greyshe had a fair complexion.
JURY. Q. Was it very long hair? A. Yesvery longthe front was as long as the backshe was a tall fine, genteel, respectable-looking female.
Cross-examined by MR. PRICE. Q. Have you been intimate with Mrs. Brown for the last five years? A. Most of the timeshe was never longer than a few months together without coming to see usI did not visit her very oftenI should think she had lived in Union-street about a year and a half, as near as I can say, or a year and nine monthsshe came there from Mr. Perring, the hatter, in the Strand, who she had lived with about two yearsshe was like house-keeper there, to Mr. Perringbefore that lived with Mr. Oliver the anchor-maker, at WappingI cannot exactly say for how long, but I should say very nearly twelve monthsthe last time I saw her she talked of getting a little shopI think that was September, about Bartholomew-fair timeshe called in at our house she intended to sell fruit and pastryshe told me where she intended to take it, but I cannot now tell the partthere was some widow-lady was going to give up the placeit, was near where she herself residedI do not know Mrs. Glass, of Windmill-streetI never knew she was an acquaintance of Mrs. Brown'sI never heard of herI was not much acquainted with Mrs. Brown's acquaintancesmy daughters used to go to her friends with her, both of themMr. Davis's sister lived in a family, and that was the way I became acquainted with Mrs. BrownI cannot tell what family it wasit was some where, in the Cityit was only a short time they were togetherthat was the origin of ray acquaintance with hermy sister-in-law has been dead three yeaxs the 28th of next Junefrom two to three months was about the average of Mrs. Brown's isiting us, and sometimes oftener, as it suited her.
Q. When Mrs. Brown and Greenacre were at your home on the 22nd of December, was there not every appearance of cordiality between them? A. Yes, very much, as it should be with persons about to be marriedmy husband and I were friends of Mrs. Brownwe told her to be cautious
about going abroad, we did not wish to part with herMrs. Brown told me she had a daughtershe did not speak of her very oftenI never saw hershe spoke of her daughter at Norwich, and told me she was a straw hatmakershe did not say whether she was in business for herselfMrs. Brown told me that Greenacre lived at No. 2, Carpenter's-place, CamberwelltdI was never thereMrs. Brown invited me there to spend the day there, some day after the marriage took placeshe said it before Greenacre, as well as in his absence, and that I was to excuse them not being very nice, because they were going away soon to America, and it was only a temporary matterthat was in the way of apology for the state of the housethey left our house about ten o'clock, on the 22nd of December, as near as I can recollectit was as late as ten o'clockthey went away together.
MR. ADOLPHUS. Q. And your husband accompanied them a little why? A. YesMrs. Brown told me she became acquainted with Greenacre, through the Wards of Goodge-street, Tottenham-court-roadduring the five years I knew her, there could not be a more sober, well-conducted womanI never saw her childshe mentioned that she had a daughter, and that is all I know of it.
MR. PRICE. Q. Do you know the Wards at all? A. No, I do not.
ELIZABETH CORNEY . I am the wife of John Corney, a shoemaker, who lives at No. 46, Union-street, Middlesex Hospital. I knew the ietttiti Hannah Brown in her life timeshe lodged at No. 45, Union-street, she occupied the front kitchenI do not remember the day she came thereshe was there a year and a halfshe got her living by washing and mangling she had a mangleI saw her last on the 24th of DecemberI understood she was going to be marriedshe had quite sufficient furniture and things for herselfshe sold them before the 24th of Decembershe told me they were not required, that Mr. Greenacre wished her to sell them for pocket moneyshe disposed of her mangleshe left the house between the hours of twelve and three o'clock on the 24th of DecemberI observed a hackney coach waiting for her, and saw her in itshe took her bores and things with herI had only seen the prisoner Greenacre on one occasion previous to thatthat was a few weeks beforeI believe it was him that went away with her in the hackney coachhe and the coachman helped her out with the boxesI cannot say the hour' they went away, nearer than between twelve and three o'clockI cannot remember whether I had dined when they went awaythe coach had not staid any timethere was a key to the room she occupiedI asked her if she would leave her keys with me, or send them to me when the week was upshe went away before her time was quite upshe answered me, she would come on the Monday, and bring her man with her, pay me the rent, and give me the keysthat was in the presence of Greenacrehe might have heard it, or he might nothe was in the passage, and so was sheI cannot say exactly how many boxes or trunks were put into the coachwhether it was three or fourI never saw Mrs. Brown again aliveI did not see Greenacre again, till I saw him at the police-officeMrs. Brown did not return on the Mondaythe keys were sent to me on the Tuesdayher person was in nowise disfigured when she left on the Saturdayshe was not wounded, but just as usualthere was no injury about her eyeno blows, or any thing whateveron the Tuesday following the Monday on which she was to have come with the keys, I received the keys from one of the lodgersI did not see from whom the lodger received themI forget the lodger's name Mrs. Brown had paid the rent up to the Tuesday beforeI have not received the
rent up to the following Tuesdaythat was part of the object the deceased had then she said the was coming on Monday to pay meon Friday, the 24th of March, I saw a head in Paddington poorhouseI noticed the teeth and the colour of the hair of that head, and they corresponded exactly with the teeth and hair of, Mrs. BrownI noticed the colour of the eyeit resembled hers.
Cross-examined by MR. PRICE. Q. Were you very intimately acquainted with Mrs. Brown? A. Yesmy husband and I occupied the front parlour next door to herI was in the habit of seeing her every other day or soshe got her living by washing and manglingshe was very much at home, occupied with her business, the whole of the day generallyshe had nobody to assist hershe generally did all her work selfI have seen the prisoner GreenacreI do not remember when I first saw himit was some weeks before he took her awayI believe he came frequently to see her, but not being in the same house I did not see himwas not present when be used to come to see herthe lodger's name is Mrs. Hawksworth, from whom I received the keyMrs. Brown told me that the reason she did not give me the key was, she had some few things in the room which did not belong to hershe had a right to occupy room till the Tuesdaythere was only one roomshe said she should return on Monday, and then only to give up the key, and pay the rentdid not receive the rent till Wednesdaymy husband was the first person who went into the roomhe is hereI went in with him, and found nothing in the room but an empty birdcage, of no valueit belonged to Mr. Brownshe had offered it for sale for a trifleI am quite certain there was nothing else in the room.
MR. CLARKSON. Q. You did not jive in the house where Mrs. Brown resided? A. Noit was on the Wednesday after the Saturday she left that I received the key from the lodgerany one who had the key could have gone into the room without my knowledge, and taken any thing outwhile I knew Mrs. Brown she was a very sober woman.
WILLIAM GAY . I live in Goodge-street. The deceased was my sisterjust before her death we were not on friendly termsI saw her the Thursday before her death, at my mistress's shopI am a broker, doing business for a lone woman, who keeps a broker's shop, No. 10, Goodgestreetit was there I saw my sister on the Thursdayshe was aloneI know the prisoner GreenacreI do not remember haying seen him before ChristmasI saw him on the Tuesday night after Christmas, about seven o'clock or soit was candle-lighthe came to my mistress's shopI was not exactly in the shopI came from the low kitchenmy mistress was it the shop when he cameI heard him speaking to her, and telling her the wedding was put off, that he had investigated into the character of Mrs. Brown, his intended wife that was to be, and she had no property; and he thought that she had, by the report that he had heard from some people, and by what she had said about taking a shop in London, instead of going to Americahe said that Mrs. Brown had run him in debt at the tallyshop and they had had a few words, and were not going to be married after he had said this, he said Mrs. Brown would not go to tell the people who had provided the dinner, that they were not going to be married, whereby he said he went, I think he said at eleven o'clock, that Saturday night, and told them, because she would not gohis, expression was, they had had a few wordsof course be meant on the Saturday nightI never saw him before in my life, not know himhe was not acquainted with
my mistressmy sister Hannah was acquainted with my mistress from her childhoodmy mistress's name is BlanshardI do not believe that Greenacre knew I was Hannah Brown's brotherI believe my sister never told himmy mistress said to him, "This is Mrs. Brown's brother-wont you walk in?"I had come up then, and stood and heard them talking said nothinghe said, "No, I am in a hurry," and the countenence of the man changed, and he walked off saying something which I could not understandI do not think he stopped two minutes after my mistress said was Mrs. Brown's brother.
Q. Do you knew that your sister, Mrs. Brown, had met with accident with one ear? A. Yes; the left ear was torn where it was pierced for the ear-ringI had heard her say a fellow-servant had torn it is play, and the ear was bored higher upit had healed up, but was still perceivable, like a cutI have seen it in that stateI have since seen a head at Paddington workhouseI looked at the left ear, and found a similar appearance, there as that I had Noticed in my sisterI noticed the eye in that head, and it resembled fiefsI also noticed the hairI took a lock of it from the workhouseit was light hair mixed with greyher hair corresponded with that I saw at the workhouseI believe it was my sister's head, and no one else'sI told the overseer fit the poorhouse he need not go any farther, for that was my sister's headI never heard of any child of hers at Norwichthere is a sister's child she took to London who was with her for twelve months or two years, and she went down to Norwich, and got a situation thereshe always termed her her daughtershe is now living in Dean-street, Soho.
Cross-examined by MR. PAYNE. Q. How long had you been dost stairs before you came up and found Greenacre with your mistress? A. I cannot positilvely say, sometimes I am up and down in an hour, per haps, five or six timesit was dark at that time, and I came up as I could not seeI cannot tell how long I had been down; all I know it, I cum up at the time he was thereI have always given a similar account of to conversation, as I have nowI cannot speak for a wordI belief Iii, not mention to the Magistrate the conversation about America, or taking the shopI never was at such a place before, and perhaps my feelings would not allow me, in the agitated state I was in, to recollect ever thing particularly.
Q. Have you had any conversation with any person since, to refresh your memory as to what took place then? A. Noonly respecting talking to each othermistress and memy mistress and I talked abort my sister being absent, but not about this conversation, which I have statedI cannot tell how long the man had been in the shop before I came upI do not suppose above a minute or twothe conversation lasted it might be five or eight minutes after I came upI cannot swear exactly to the timeI know, from my own knowledge, that ths child at Norwich was called the child of the deceasedit was my other sister's daughter next to me, or I next to hershe is not deadthe deceased termed it her child, because she brought it to London in her childhood, and she had the care of seeing after itthe deceased never had a child of her own, to my knowledgeI often saw my sister, though we were at variance.
Q. Have you ever told any body before today a single syllable about the countenance of Greenacre changing when he was told you were her brother? A. I have told my wife sothat is allI have had no conversation with any body else about his changing colourI hold very little
conversation with any oneI cannot recollect whether I mentioned it to any one but my wifeto cut it short, if you ask me questions I shall notI hare lived with Mrs. Blanshard, I believe, two years this month I never measured the height of my sistershe was a tall womana middle-proportioned womannot the stoutest nor the thinnestI cannot tell whether she had a round face or a long faceI cannot say so much about her face about her featuresit was not a long face, certainly.
Q. How many times had you seen her within six months before Christmas-day? Q. I had seen her several times, but what time I cannot name I did not speak to her when I saw herI had been at variance with her from about ten weeks after I came to LondonI never quarrelled much with herI have been in London two years this monthshe often came to my mistress's house, but I never spoke to her all that timeI should think my sister was forty-seven years of age, or about thatthe was much older than meI am only guessing at her ageI do not know my own ageit was near the conversation that ray mistress said, "This is Hannah Brown's brother."
MR. BODKIN. Q. Do you know whether the child you speak of was brought up to any trade? A. NoI do not know thatshe had been in service.
MARIA GAY . I am the wife of the last witness. I knew the deceased, Hannah Brown, quite well, for about seventeen or eighteen yearsI should think she could not have had any childrenI made observation of such facts which made me think soshe was a tall woman, with a very delicate skin, and very high chested, much more titan most womenand she had a large hand, and long fingersthe ear-ring had been torn out of her left ear by her fellow-servant many years ago, and that had left a slit in her earthe part next the face hung a little lower than the hind partthe fond was closed up, but still that part hung longthere was a hole bored above its second timeI was not present at any conversation that my husband had with the prisoner in the presence of his mistressI remember hearing the reports about the body and head being foundmy husband made inquiry, and he came and told me, and I went myself to the Paddington workhouse, on the 24th of MarchI saw the head, which was preserved there, and I thought by the time I saw it, which was a very small time, that I could draw the visage of her down the nose, and the features about therefrom the very short time I had to look at her, it appeared at though I could draw it was the from each side of the noseshe had a very flat noseher hair was light, and intermixed with grey, like the hair of the head I sawI noticed the left ear, and it was as my sister-in-law's was.
Cross-examined by MR. PRICE. Q. How long have been married? A. About eighteen yearsI first saw Mrs. Brown at Wyndham, in Norfolkshe lived about two miles distant, with her mother and fatherI have been in London two years this monthmy husband was at variance with his sisterI think for about three weeks or a monththey had rather differedshe had been that time with me before we had wordsthat was about two years agoafter she came to townshe came to live with me the week after, in Goodge-street, where I live nowshe lived with me a very short timethe variance took place while she lived with usthat was the reason we partedI met her several times afterwards in the street, but she never spoke to meI had a very imperfect view of the head at the time I saw it, and will not be positive it was the head of Mrs.
BrownI should be sorry to swear to itI should think I might do it, from the view I took of herit was greatly changed, but it appeared at if I could draw the resemblanceher nose was very much flattened, and it was then still more flattenedone of the eyes, I believe, was knocked outthe lower jaw was very much fractured indeedshe had a very nice set of teeth when alive, and it appeared to me as if she had but very few in fat of her mouthbut with all those differences of appearances, I still thought I could draw a likenessshe certainly had teeth out then, and I do not suppose she had a tooth out when I saw her last timethe teeth were very much like hersshe was a tall woman, much taller than I am, and her skin was delicateI should not say she was a very weak womanshe earned her bread by very hard laboura mangle requires powershe continued her daily occupation up to the last time I heard any thing of her, to my knowledgeshe was a woman of much more power than I ama somewhat unusually strong woman, much more than I am; but I should reckon there were many women as strong as herI cannot tell what strength she had, by her lookher work was very hardit requires more strength than I have to turn a mangle.
JURY. Q. Will not constant use enable a person to perform that labour better than one stronger but not accustomed to it? A. She was stronger than me I know.
MR. PRICE. Q. You have said she was very high-chested? A. yes, and her hands were very largeI never put her hand against any otherit was a much larger hand than many women haveshe was a stronghanded woman, I should supposeI should think the strength lies in the bone, and not in the fleshI never saw her nakedshe was flat I call a stout woman, not a small womanshe was larger than I am great dealthere are stouter women than she a great deal in the worldher sister is larger than hershe was high-chestedI know she would like to have shown her delicate neck, hut she could not, being higher than many women areI should not think that bad any thing to do with strengthI never visited her in Union-streetI was not present when the prisoner called on Mrs. Blanshardmy husband came home and told me of the interview between him and Greenacre at his mistress'sI cannot bring the particulars to my recollectionhe certainly said Greenacre had been, and said his sister had run him into debt in the Strandbut nothing else particular that I can bring much to mindhe did not make any observation on Greenacre or his mistress, that I recollecthe merely said he heard Mr. Greenacre complain to his mistress that she bad run him into debt in the Strand, and he said he thought if she had done it before marriage she would do it afterwardsI recollect those wordsI have no particular reason for recollecting them, they made no impression on meit was no more than what I thought would be, from what I had learnt and hard of him from my husband's mistressI thought the man's intentions were not so kind as they ought to be to herI do not recollect my husband making any observation to me about himhe did not express any thing of the appearance of the parties during the conversationI am sure at that think I recollect his saying he thought Mr. Greenacre seemed in a very agitated mind and state, after his mistress stated that ray husband was the brother of Mrs. Brownit seemed to him that it gave the man a great change of his countenanceI am not able to say the time my husband mentioned this to me, but to the best of my knowledge it was the same
night that Greenacre was at the shopI saw my husband about half-past nine o'clock, I think, that night.
Q. Did not that communication about Greenacre's agitation make an impression on you when it was mentioned to you? A. No, not the least in the worldI did not remember it just nowit was quite immaterial in estimation at that timemy husband did not make any other observation that I can recollecthe did not tell me why he suffered Greenacre and his mistress to talk to long together, without interfering himself in the conversationI did not ask him thatmy husband generally leaves work at nine or half-past nine o'clockI have stated all the conversation that passed that I recollectI do not know Mrs. Glass, of Windmill-streetSaturday the first of my having any acquaintance with herher door is not a minutes walk from mine, but I never heard of her before last Saturday.
SUSAN DILLON . I am the wife of John Dillon; we now live at No. 6 Carpentrer's-place, Windmill-lane, Camberwell. I know both the prisonersI knew the female prisoner by the name of Greenacreno other nameGreenacre is my husband's landlordhe lived in the house, No. 6the same house we now live in, the the prisoner Galo lived therewe were not then living in the same house with then, but about twenty-four yards off on the opposite sideI think Greenacre came to live at No. 6 sometime in August twelvemonthI did not see the female prisoner till about the latter end of October twelve monthshe came backwards and for wardswhether she lived there, I do not knowI remember Christmasday lastit was on a SundayI saw the female prisoner on the evening of boxing-day, the day after Christmas, in Greenacre's gaurd, about seven o'clockI cannot say to a minuteshe came from Greenacre's door, and the child was crying violently after herI had seen heir every day nearly, but I saw her that night in particularI did not see her come out of the doorI saw her approach from the door, in a direction from the house, and the child was following her, she was in the front gardenit it only a narrow pathit is no streetthe child was following her, cryingthe gardens are in front of the houses, and a passage runs through, separating the garden of the houses on each sidethe houses on each side have gardens in frontthis was about seven o'clock on boxing night, Monday.
Cross-examined by MR. PAYNE. Q. How do you know it was boxing evening in particular that you saw the woman and child? A. Because I went to a particular place I was never at in my life beforeI had seen the woman About there many months, and had often seen the childit was in habit of playing with my childrenI now tare at No. 6, where Greenacre livedI have not been in the house adjoining.
Q. Is it not possible to hear a conversation, if it is loud, in the house No. 6, taking place in the houses No. 7 or No. 5? A. It isI cannot say whether the partitions are thin, but we can hear persons in each houseif they speak any thing loud at all, I could hear what they sayit was very at seven o'clock in the evening about Christmas timethe house I lived in is about twenty-four yards from where I live nowmy husband a person named Headlands were with me at the time I saw hermy husband is not hereI never knew Gale by any other name than GreenacreI that was the man's name, and I did not know but that she was his wife.
MR. CLARKSON. Q. Was she known among your neighbours by the name of Grennacre? A. I do not knowthere were many that knew her
by no other nameI never spoke to her till I took the house of her and Mr. Greenacre, which was, as near as I can say, about the 27th of January I then addressed her by the name of Greenacre, and she answered me by that name.
JURY. Q. Are you certain it was about seven o'clock on boxing-day that you saw Mrs. Gale? A. I am satisfied, for I went out to know the time, thinking it later than it wasI was going to spend the evening out, and it wanted a few minutea to seven o'clockit was very dark, and the snow was on the groundshe had not a lightshe spoke to the childtheir door was open, and the light shone from the door, I suppose, for I saw her, and I could see the child from the light from the door and the snowI could see very wellthe door opens into the roomonly two houses divided ours from theirsI was going out at the time, and I passed the gate of Greenacre's bouseI did not observe this from my own houseI was close to herthe child was crying violently at the timeit had no bonnet onit was a little boyit was generally very nearly dressedI never saw a hat on its head, to any knowledgeI should think it was about four years old.
MR. PAYNE. Q. What it the distance from Greenacre's gate up to the house? A. I should think about twelve yardsfrom the door of the house to the gate of the garden would be twelve yards, I should thinkshe was inside the gate, near the paththe door of the house was wide open at the timeI saw her come from the doorit was kept open till she came close up to the gate.
CHARLES THATCHER . I have prepared copies of plans of the premises in questions; for the purpose of doing so I went to Carpenter-place Windmill-lane, CamberwellI believe this is a faithful copy of the plan I hold in my handI believe these plan faithfully represent the situation of the houses on that side Carpenter's-place on which No. 6 is situatedthey are fronted on each aide of the way by strips of gardensthe upper line here denotes she opposite side, Nos. 11 to 17the red mark denotes the house No. 6the front door of No. 6 opens from the garden into the roomthere is no passagethe distance from the door of the front room to the garden gate is thirty six feet three; the front room is ten feet eight by ten feet nineI would beg leave to explain, there is a recess underneath the cupboard by the fire on the side, which I have not taken into the measure, that would make it twelve feet fourit is a glass cupboard, but it does not decend to the floorthere is an opening underneaththe cupboard descends to about three feet from, the floorthe depth of the recces is one foot sixthe distance from the fire-place to the back of the room opposite the window is exactly four feet; that is the distance from the fire-place to the division of the back roomthere is a passage between the houses, on the side, and on the other at the end of the gardensit varies in size and widthI think the average is about three feet seven.
Q. Supposing a table to be opposite the fire-place, and a chair on one side of the table where the front door is, and another at the side of the door leading to the back room, would it be possible from the size of the room to overturn a person in a chair on the floor of the room, or would they necessarily come against the wall of the room? A. It depends on the obliquity of the situation in which they sit.
Cross-examined by MR. PRICE. Q. Did you take this plan yourself? A. I didI did not go into either of the adjoining housesI cannot say whether they are the same size, but apparently they arethere is a door
opening from the front room into the back roomit descends a step into the back room, and lower than the frontthe back room is seven feet eight by eight feet a person sitting on the right-head side of the fire-place would have their back towards that room door.
Q. A person sitting on the right of the fire-place in a chair facing the front window, if by accident a fall should occur and the back door should be open, would they fall headlong down that step? A. It depends on how they fallit is possibleI cannot say that it is probable a person on the right-hand of the fire-placewould have their back towards the door of the back room if they sat in an oblique diretionif she sat facing the fire-place, as a person generally does, she would have her chair at sight anglesthe fire-place is three feet seven from the partition. which divides the two rooms.
COURT. Q. How far is the side of the door of the back room from the wall where the fire-place is? A. Four feetthe fire-place projects a very trifle into the room.
MR. PRICE. Q. I think you do not understand the question? A. I can give you the exact measurement, (looking at a memorandum,) though the plan may not be in proportion; the length is three feet seventhe back room of No. 6 encroaches a little on the next house, No. 7a considerable proportion of that room is within the area of what should be No. 7I think the partition of the front room dividing No. 6 front No. 7 is four and a half inches thickthe back room from the door to the corner is five feet three.
Q. It appears to me quite impossible that that part of the partition of the back room which divides it from the front room could be any thing like three feetthe larger proportion you will perceive is in the adjoining house, No. 7? A. 0ne foot four only is in the other houseI believe it is not more from the measure I havethe plan may be wrong from the suddenness in which it was done.
Q. What is one foot four? A. That portion of the room which you may call an encroachment on No. 7the length of the remainder of the partition between the back and front roomis, I believe, three feet seventhe breadth of the door way is two feet fourthe length from the left-hand side of the opening of the back door to the staircase it the front room is two feet sixthe width of the opening to the staircase is two feet threethat is narrower by an inch than the opening in the back rooma person sitting on the right hand of the fire-place would have their back towards the back room door.
Q. Then it would be more probable than otheiwise that a chair falling back would throw the sitter with her head backwards through the door, and down a step? A. I cannot say thattowards the opening they would, but I cannot say they would come through the door-it is possible a person falling there might fall down that openingI should apprehend the door was very old, and it was thinit has a very imperfect bad latch to it.
Q. Now, whether the door was shut or open, was it not such a door, if so fastened, as that any body, say a stout woman, falling backwards in a chair against it would burst it open? A. I cannot saythe door open into the front room, and it shuts against the frame, hence there would be greater difficultyI believe it opens into the front roomif it was open, if is possible a person might fall through itany great noise in that house, I should think, must be heard in either or both the next housea conversation such as we are now holding might be heard.
MR. CLARKSON. Q. Then, in your judgment, a fall with great violence
from one room through the door into the other, must have been heard by the next door neighbours? A. I should think it wouldI should think the force of the fall would have carried away the door casing, against which the door shut, in order to fall into the back room, as the door opens in wardsthat must have carried the door casing away, and I should think that could not be done without being heard next doorif the body fell against the door, I should think it must carry the casing away for a person to fall into the back room.
JURY. Q. Supposing you had been standing in the passage, and the door open, could you have seen a person in the garden very distinctly at night time? A. I could have seen themI cannot say whether I could recognise them.
MR. CLARKSON. Q. Does not the door open, not only inwards into the front room, but next to the fire-place? A. Yesthe hinges are next to the fire-placeI cannot say that I noticed any appearance of the door, or panel, or casing being broken.
MR. PRICE. Q. Does not the door, if it opens inwards, open against the partition, and not against the fire-place? A. It opens towards the fire-placeonly the partition divides the two roomsI never saw the door so exactly open as to say it would fall against the partition, but I should think it wouldI believe the back room floor is not stoneI rather think it is wood.
COURT. Q. We understand you to make the width of the back room seven feet eight? A. Yes, on one sidethe distance from the left-hand side to the partition of the front room to be one foot four, and from that to where the hinges of the door are, three feet seven, and the doorway itself two feet fourthat makes seven feet threethen there is the side of the door not taken in, and that would be about three inches on each sideit is a very old house, and there is a difference in the size of almost every portion of the roomthere is a copper in the corner of the back kitechenthe privy is in the front of the house at presentit was formerly it the backit was in the front when I looked at it, in the shed.
MRS. DILLON re-examined. It was in January I took the house, No. 6I know the door leading from the back room to the frontit opens inwards, towards the fire-place of the front roomwhen the door is opens, you cannot place a chair in the situation it ought to standif I was going to sit by the side of the fire-place, I could not, if the door was open, place it in a proper situationa table stands in front of the fire, and the door opens within about a foot of meeting the tableI am not very stout, but I must move the table or chair to pass.
Q. If the door was shut, in order to fall from the front room down the step into the back room, must you not carry away the casing of the door? A. Yeswhen I sit in a chair to sit down and rock my child, without falling, I can save myself by the wainscotwhen I sit by the fire, and the door is shut, I can rock my child to sleep, with the back of the chair striking against the partition between the two roomsI fall with my head against itthe back room door has no appearance of being broken at all, nor the casing of the doorI never observed itthe floor of the back room is woodthe step is a very little one, about seven inches deep.
MR. PRICE. Q. Will not the back room door open against the wall, flat? A. Yes, quite flat, by moving itI cannot say it will come quite closeI have always been in the habit of moving it to pass into the kitchenI believe it will go quite back, flush with the wallwhat I call the most
convenoient place for a chair, is where I can receive the most benefit from the fire.
Q. If two persons choose to sit, not on each side of the fire, but in front of it, of course there will be a considerable degree of space behind then, if they have no table in front of the fire? A. There willthere would not be room for a woman to fall back prostrate on the floor, unless she sat quite in front of the fireif she did, she might fall back on the floorI should not think there is room between the side of the fire and the wall to fall back prostrate, for as I sit I can rock my child, and fall back against the partitionI sit in a nursing chair, and it is lower than any other chair in the roomit has a high back.
Q. If the door was open, would it be possible for a person twinging herself back in a chair to fall into the back kitchen? A. No, I should think notI do not consider she could fall into any place but the front room, if she was sitting by the fireif she sat in any place, she ought to sit by the fire, aud she would not fall back into the kitchen.
Q. Is there no place where a person sitting in that room might not, by possibility, fell with part of their person into the back room? A. Certainly if she tat near the door of the back room, she might.
MR. CLARKSON. Q. When you speak of sitting in front of the fire, do you contemplate a table being opposite the fire, between the two chairs? A. Noif the table was in front of the fire, and the person, sitting so as to be comfortable, they could not be thrown into the back roomif she was sitting as she ought to sit, with the table in front of the fire, she might, but not if the table was moved from the firtit if fold and uncomfortable to sit with the back to the door, if it is open I cannot sit with the door open even now.
Q. Then sitting in a chair on either side of the fire-place the table filing its ordinary situation in the room, is it at all probable, a chair being thrown over, she would fall into the back room? A. I should think she might if the table was where it is now in the room, and the back door open; the might be thrown into it.
MR. PRICE. Q. Suppose there is a fire in the back room, is there then any inconvenience in having the back room, door open? A. There was no stove in the back room when I took it, nor if there now.
HENRIETTA HEADLANDS . I live at No. 5, Windmill-lane, Camberwellthat is nearly opposite Carpenter's-buildingsI cannot see No. 6 carpenter's-place from my houseI known the female prisoner Gale perfectly wellI saw her in the neighbourhood about Christmas lastthe last time I saw her before Christmas-day was on Christmas-evethat was on Saturday, from half-past ten to half-past eleven o'clock io the morningI cannot speak nearershe was it the garden of the house No. 6, Carpenter-buildings, standing carelessly at another person might beI had known her some considerable time beforeI may venture to say near upon twelve monthsI did not speak to herthe door of the house was openI never knew her except as Mrs. Greenacre, until very lately.
Q. Have you ever addressed her by that name? A. I have never had consversation with her except, "Good meaning, it is a fine day"she always passed by that nameI saw her no more that dayI saw her next on boxing day, MondayI was in Mrs. Dillon's company, and her husband also, on Monday, and saw her from a quarter to seven o'clock till a quarter after, in the eveningit was quite darkshe was coming, in a, direction from Mr. Greenacre's door, down the gardenI am quite sure it was her
her little boy was screaming violentlyshe came in a direction from Mr. Greenacre's door, and the door was wide open, and a great reflection of light passed from the house on to the gardenI noticed that she had a bonnet on carelesslyshe took the child up in her arms, and the words the repeated were, "You naughty, cross child"I saw no more of herI pasted onI saw her again on the Wednesday following, in the garden of the same houseI did not see Greenacre thenit was before dinner, between ten and eleven o'clock in the morningnothing whatever passed between usI did not see her there on any day that week, at the same time as GreenacreI can undertake to say I have seen them there together both before and after Christmas, at the houseon the Friday week before Christmas I saw them both togethershe had a dark, common print on when I saw her in the garden on the Wednesdayshe had no bonnet on (*) Wednesdayshe was dressed as a person would be it places where they livedI remember seeing Greenacre carrying a blue merino bag in the Christmas weekit was after the Wednesdayit might be Saturday, but when I cannot sayI mean the week after Christmas dayhe came down Carpenter's-place before me, and went into the house we call his, No. 6they usually lived in the front room down stairaI noticed the shutters of that room being shut in the week after Christmas day, for three Off four morningsthey were shut at the time I saw Greenacre carrying this bagI cannot say whether the shutter were shut on either of the occasions that I saw Gale therethis was a common merino bag, such as most tradesmen as most tradesmen are in the habit of carryingit might be a little larger than this one, (looking at one as the table) and of a different colourit was bluewhen he got to the house with the bag, he took the key with his right hand from his pocket, and unlocked the doorhe had the bag in his left handhe let himself inhe took the key out from the front, and went in and shut the door after himI did not see him come outthis was either Friday or Saturday sit Christmas dayit was in the Christmas weekafter this the house was to be letI went to the house with Mrs. Dillon to look at itI cannot exactly say how soon after, but imagine it might be three weeks after Christmasthe house was fumigated from the top to the bottom with brimstoneit smelt as if it had been sothe prisoner Gale was in it, and her little boythe fireplace was barricadoed up in the front room, except a small spaceI thought I should not be able to put coals on the fire unless it was removed, though there was a fire in the room at the timeI could not see the hobs nor any part but the front of the firethe boards came up as high as the chimney-piecethe boards reached from the hob to the mantel piecenot from the groundMrs. Gale had every appearance of living there then, and in fact she said she was.
Cross-examined by MR. PRICE. Q. Are you married, or single? A. Single, and live at No. 5, Windmill-laneI knew Mr. Greenacre and Mrs. Gale as neighboursI never had any conversation more that good morning and good eveningI had lived in Carpenter's-buildings previous to my living in Windmill-lane, with Mrs. Dillonat that time Mrs. Dillon lived at No. 9, Carpenter's-place, on one sideMrs. Dillon and I were intimate acquaintancesI was living at her houseI went to look at the house No. 6, to take it for her, and for me to be a lodger with herI should consider that I stopped in the house from twelve minutes to a quarter of an hourI went up stairs into the front and back roomsthey were furnishedthere was a bed in each room, and chairs, and boxes, and the house smelt of brimstoneMrs. Dillon made no observation about thatI made an
observation to her immediately I came out, but not beforeI asked her if she smelt it, for I was coughing violently from the perfumeI have seen fire boards, but never saw one fitted in exactly as this wasthere was a moderate fire, as poor people usually keepthe screen was wood I believe, but I was not near itit was not burnt, because there was a place cut out, as if it was meant to replenish the fireI did not know Mrs. Gale's name, farther than calling her Mrs. Greenacre, merely because she lived in Mr. Greenacre's house, and I always understood she passed as Mr. Greenacre's wifethere was a bill in the window for the house to letthe gate of the garden is generally shutI cannot say whether there is a fastening to itI believe there is a simple fasteningchildren play about thereI cannot say I ever saw them in the gardens, not in Mr. Greenacre's gardenthere was only his own, child, and I suppose he did not like to be annoyed by other people's childrenthe garden was not in a dilapidated stateI consider Mr. Greenacre's was in the best situationhe had taken a great deal of pains with itI saw it this morningit is now in a dilapidated stateI was in the house this morning, with Mrs. DillonI saw Mr. Dillon therewe hare not been talking of this business, at allI have mentioned it, because I went for Mrs. Dillon to come herethat is all I said about itI had only a passing acquaintance with Mrs. Galethat is allwe never had a few words togetherthe fire-place was barricadoed as I never saw one before, with the fire in itwhat I mean is, I that there were boards before the fireI thought it probable that the fire-place might smokethe place smelt full of brimstone.
FRANCES ANDREWS . I am the wife of Joseph Andrews, a shoemaker, I lived at No. 11, Carpenter's-place, till a fortnight last SaturdayI lived there for some time last Christmas, that is, on the opposite side to No. 6I had lived there twelve months on the 14th of last DecemberI know the two prisonersI knew the woman by the name of Mrs. Gale all the tine I was thereI had not known her beforeour side of the way is better supplied with water than theirsthere is none on their sideour water is laid onI was living in friendship with Mrs. Gale, getting my living by shoe-bindingshe used frequently to come to my house for water, and sometimes I have fetched her when I have found the water was onI remember her coming the week before Christmasbefore the 18thit was not on a Saturdayit was one day in that weekshe came for waterI could not supply her at that momentshe did not call on me after that for watershe did not come to me for any thing after that; only on Sunday, the 18th, she came and asked me to lend her an ironon that day I saw a female go to her house in the afternoonshe was rather broadish across the shoulders, and rather darkishI saw her in the afternoon in the garden, and after that I saw her go in-doorsI saw her before the shutters were shut, but not afterwardsshe had a pea-green gown on, and a cap onI did not see her is a bonnetI did not see her go there, but only saw her when she came outshe was rather stout and broadish across the shouldersI rather think her gown was silk, but I was not near enough to knowshe was not a short womanbefore that, Mrs. Gale had said to me, if I had any water, she was going to wash a pair of sheets, as she had got a visitor comingI cannot say what day that wasit was before the 18thshe said the was coming to stop two or three daysI asked her whose visitor she wasshe said, "Mr. Greenacre's"she said she was to sleep with herI cannot say whether the woman who came on sunday, the 18th, went away at allI never saw her afterwardsI saw
Mrs. Gale afterwards, in the course of the week, before Christmas dayI saw her little boy in the course of the weeknothing passed between usI saw her on boxing dayI did not see her the day before Christmas day, to my knowledge, the day after Christmas day I didI observed nothing particular about the appearance of the house on Christmas dayI saw the shutters shut, but that was not unusual, if they went outthe shutters were shut on Christmas dayI noticed them in the morning, but did not notice aftershe had not been to me for water on the Saturday, to my knowledgeI did not see her at all on Christmas dayon the following day I went over and saw Mrs. Gale, but nobody elseI cannot say what time it wasit was before dinnerit was boxing daythe windows were a little way open, but not entirelyI taw Mrs. GaleI took the little boy a bit of plum-puddingI did not see the boy nor GreenacreI saw Mrs. GaleI said, "I thought you were out yesterday, by the shutters?"she said, "No, I was not"that Mr. Greenacre was gone out to dine where her boy was, but she was not inclined to goI told her I thought she was out by the shutters being shutwe had this conversation in the houseI afterwards went to her about water, I think, on the Wednesdaythe water was coming onI had thawed my waterI went over, knocked at the door, and it was opened to meMr. Greenacre was striking a lighthe opened the doorI did not speak to himI said, "Mrs. Gale, the water is on, if you wish to have any"Mrs. Gale was there, as well as Mr. Greenacreshe was putting some wood into the grateI was coming back again, and Mr. Greenacre called me back again and gave me some whiskeyMrs. Gale was present all that timethis was Wednesday after Christmas day, the 28th of Decemberin the course of that morning Gale came to my house, and asked me to let George stop with us, as she was going out a little waythat was her little boyI do not know the timeI told her I would let him stop, and be frequently came and stoppedshe left some bacon and bread for him, while he was thereI never heard any more about the visitorMrs. Gale came back for the boy in the evening, some time after darkwhen she got him I cannot tell whether she went over to Mr. Greenacre or notI left that place about a fortnight last Saturday.
Cross-examined by MR. PAYNE. Q. In that Christmas week, were there persons occupying the houses on each side that in which Greenacre lived? A. Yes; and they are occupied now by the same personsMrs. Folt and Mrs. Brigden lived on each sideI did lot know where Gale lived during the latter part of that Christmas weekI did not know she was absent from thereI do not know where she lived from the Thursday before ChristmasI never saw her sleep there at allone of the persons who occupied the house on one side of her is outside now, waitingI have not seen the otherI am positive that the conversation I have spoken of as occurring on boxing day, about Mrs. Gale being at home on Christmas day, related to Christmas day.
THOMAS CLISSOLD . I live at No. 1, Pitt-street, Camberwell, and am a shoemaker. I know the prisoners at the barI became acquainted with them on moving their goods, about a week after ChristmasI happened to be going down Bowyer-lane at that timeGreenacre was an entire stranger to meit was between nine and ten o'clock in the morningas I went down Bowyer-lane, Mr. Greenacre met me at the top of the saw tapped me on the shoulder, and asked me if I wanted a jobI told him yeswe went up Windmill-lane, and before we got to the top of
lane, we met a boyhe asked him if he would come to assistthe boy said yes, and we both went to the top of the court, and there we found a truck at the top of Carpenter's-court, down Carpenter's-placehe put the boy in possession of the truck, to mind it, while he and I went down to the house, No. 6when I got there, I found every thing was packed up, boxes, bedsteads, and bedding, all packed upI think there were three boxesI am sure there were threeGreenacre helped me out with the large box, which was the first, a little to the end of the gardenI then put it on my shoulders, and carried it to the truckI fetched two more afterwards, and put them on the truckthen the bed and bedstead, and two or three chairsGreenacre assisted me to tie part of the things into the truckat this time I thought he, Greenacre, trembled exceedinglyhe was very much agitated at the time he was assisting me to tie the things in the truckafter the things were tied up, he said, "Now I am going to leave the country, all is right"the woman Gale was by the side of himwhen he made that observation, Gale exclaimed, "Ah! you have done for yourself"I and the boy went on with the truck to the last turning before you come to the Elephant and Castle, at the left-hand side, along the Walworth-roadthe two prisoners accompanied meGreenacre on one side of the pavement, and the woman on the otherI and the boy were in the roadthere is a turning on the left-hand side just by the Elephant and Castlewhen we got there, Greenacre said he would dispense with our services, and he was going to part with part of his furniture therethe boxes, he said, he should take himself to the Docks, and the truck he, should bring back himselfwe had then missed the womanwe had lost sight of her by York-street, in the Walworth-road, and I never saw her spin till she was in custodyhe did not say where he had disposed of or sold part of his furniturethere is a kind of picture shop where we stopped, where they sell pamphletshe did not go into that shop before he said he would dispense with our serviceshe gave me 3d. at first, and the boy 2d., but after some cavilling, as I was dissatisfied, he gave me 6d. and the boy 3d.this was in the Christmas week.
Cross-examined by MR. PRICE. Q. Were you out of work at that time? A. YesI am not out of work nowtwo policemen called on me to attend heremy first examination was at Union-Hallthey called on me because there was a quarrel between two women in the street, and one went and gave information to the police that I helped to move the goodsI had nothing at all to do with the womenit was the mother of the boy who helped me who was quarrellingI do not know where that boy ishe is not here to dayI have seen him sincehe came to Marylebone, but he was not bound overI know nothing about him now, no more than he is a neighbour living very near where I livehe may be here to day if he is called onI was walking carelessly down Bowyer-lane, and Greenacre came out of Windmill-lanehe tapped me on the shoulder, and said, "Do you want a job?" and I said, "Yes"I did not observe any agitation when he tapped me on the shoulderthe woman walked on one side the pavement, and the man on the other, and I and to boy in the middle of the roadwhen I had done the job, I quarreled about paymenthe paid the moneyI did not perceive any great agitation thenhe seemed to be in a great hurrythe agitation was not so violent as to keep him from wishing to save his money.
COURT. Q. Is there not a furniture shop, broker's shop, close by
the place where the truck was set down? A. Yeswhere old furniture is bought and sold.
THOMAS HIGGINS . I worked for a mangle maker of the name of Ward I know this sackI know it by the string of my apronsometimes I wanted a string to tie a sack of shavings, and sometimes I was short of a bit of cord, and I took the string of my apron, and tied it to the sackhere is the string of my apron in it nowI remember using that string with the sackI should know the sack without the string, but I know it better by the string, and I know it by the holes in it, which I used to cut with the chiselthe sack does not belong to roe but to my employerI said I could make use of it in taking shavings out to sellI used it sometimes once a-week, and sometimes twice a-week, for the space of two years, constantlythere are holes made in it by my childhere is one, but it is torn nowhere is another, which was cut with my teeth, when I could not get a small chisel to put into itI made the holes to put the string through, to tie the sack shavings up withthere is nothing more by which I can remember itthe sack was kept down in the manger of Mr. Ward's premises, in a stableI go through that to go to the workshoppersons coming to the shop must come into that stable before they come up stairs into the shopI know the prisoner GreenacreI have seen him come to Mr. Ward's, whose premises are in Chenies-mews, Chenies-street, Bedford-squareI have seen Greenacre go up stairs to the workshopa fortnight before Christmas day I used this sackin the Christmas week I wanted it, and found it was goneI do not know the dayI looked for it, but could not find itI had put it into the manger, when I had done with it, a fortnight beforeI took no notice of it afterwardsI asked Mr. Ward where the sack wasthat was at the time when I first missed itI wanted it to sell some shavings inI cannot tell what day it was that I spoke to Mr. Ward about proposing to take out the shavingsit was in Christmas weekI noticed Greenacre at Mr. Ward's premises the week before Christmas dayMr. Ward has now gone awayI do not know where he is gone toI see no shavings in the sack nowI used to carry shavings of beech in the sack, and some times birch, and sometimes African mahogany shavingsthe shaving is not caused by the planewe generally use a scraper to fine wood, and plane the coarse woodI used to sell the shavings of beech and mahoganyI call it all shavings, whether produced by a plane or a scraperthat produced by a scraper is the finest of shavingsit is very thin scrapings, very finethey are sold merely to burnI sell the shavings to a baker to burn.
Cross-examined by MR. PRICE. Q. Let me see the sack; are there any marks about it of pots and kettles? A. I never knew any in itMr. Ward is a mangle-makerhe was an acquaintance of Mrs. Brown'sI think he had known her for a length of timeI cannot say how longI have known her for four years visiting Mr. Ward, backwards and forwards, long before any thing was known of the prisonerit was not her that brought the prisoner to Mr. WardMr. Ward, I believe, recommended him to the deceasedWard did not tell the prisoner in my presence that he was going to America, but Ward himself told me soI do not know whether he is gone thereI never saw the sack in Mrs. Brown's possessionI cannot tell whether Mr. Ward gave it her to remove her pots and kettles in from Carpenter's-place.
Q. Was Mrs. Brown in the habit of getting shavings constantly from
Ward? A. When we had a boy we used to tend shavings up to Unionstreet I usually sent them in sacksI cannot say that this sack was ever there for that purpose at any timeI never took her any shavings in sacksthis sack sight have gone to her with shavings, but it always came back again.
MR. BODKIN. Q. When you sent out shavings, was the sack always brought back? A. Brought back always.
HENRY WIGNAL . I live at No. 56, Portland-street, Walworth. I know the prisoner GaleI know both the prisonersMrs. Gale came to lodge it my house on the 22nd of Decembershe took the buck parlour, unfurnishedmy wife was there when she came inshe slept at out house that nightI first saw the prisoner Greenacre at our house the text morning, about nine o'clockthat was the 23rdhe brought a bundle with himI was at work at the timeI saw him there on Saturday the 24th, in the morningon the evening of Saturday Gale was outthe came home about half-past nine or ten o'clockI cannot tell what time she went outshe slept there that nightthe next day, Christmas day, Greenacre came to our house, between one and two o'clock in the day, it was SundayGale was then at homethey dined togetherthey went out in the evening, but whether they went out both together I cannot sayit was towards the evening that they went outI cannot say the timeGreenacre was at my house during the Christmas weekhe slept at my place two nights, the 31st of December and the 1st of January, and moved on the next morningthe 1st of January was Sundayon the 1st of January I was in my own room, up stairs, reading the newspaperhe was in Mrs. Gale's apartmentI was reading the newspaper that morning to my wife, and a friend of mine, and my sisterI read of the trunk of a body being found in the Edgeware-road.
Q. Did you read loud enough for the prisoners to hear you? A. They must have heard me read itthey had the door of their room ajar, and must have heard methey staid there all day, and slept there all nightthey did not say a word about this trunk that was found.
Cross-examined by MR. PRICE. Q. Mrs. Gale came to you on Thursday, the 22nd of December? A. Yesshe did not sleep in the home every nightshe slept out of the house on the 26th of December, which was boxing-nightthat was the first night she slept out after she came to live with uson the Thursday, Friday, Saturday, and Sunday, she slept at our housethey went out on Christmas day, in the eveningI cannot recollect when she returned, but I should say, as near as I can guess, about six or seven o'clockI dare say they might have stopped out an hourI almost forgetvery likely Mrs. Wignal may know something about thisI know we were not out all day, only in the morningGale was not out very longthe slept in the house that nightwe are very regular, early people in our houseMrs. Gale was a very quiet, well-disposed personI cannot say that I observed any alteration in her appearance or manner from beginning to endwe did not entirely approve of Mr. Greenacre coming to our house at allthat, and her stopping out on boxing-night, occasioned on giving her notice to quit altogetherboxing-night was the night after Christmas dayit was a particularly cold, sleet, and inclement nightGreenacre dined in Mrs. Gale's apartment on Christmas dayI was not in the room when the dinner was cookedhe came between one and two o'clock, to the best of my recollectionwe dined ourselves about one o'clockupon my word, I cannot recollect whether he came before or after
our dinnerMrs. Gale went out to buy something for dinnerI believe it was part of a scrag of mutton, according to what my wife tells me, but I did not see it.
COURT. Q. You mentioned boxing-night, and then again you named the 31st of December and 1st of January, was Mrs. Gale there during the whole of that week you say she left on boxing-night? A. She slept out on boxing-nightI let her in about seven or eight o'clock the following morning, and gave her warning to quit for stopping out and leaving the child in-doors all nightwhether she went out again that day I cannot say but the following Thursday she came up and paid me my rent, and then went down stairs and took her child, and was out all day and all night, and came home on FridayI did not let her in myself on Friday.
SARAH WIGNAL . I am the wife of Henry Wignal. The female prisoner came to lodge with us on Thursday, the 22nd of last DecemberI myself let the lodgings to hershe described herself as a widow womanshe did not give me her nameI know the male prisoner Greenacrehe moved her in that eveningshe came into the apartment in the daytime, and between six and seven o'clock in the evening he helped her to move in with another man, with a horse and cartshe slept in the house that nightdie next day the male prisoner brought a sort of a bundle, it appeared in the shape of a quartern loaf, and appeared oneshe slept at our lodgings that Friday nighton Saturday, the 24th of December, Greenacre came again, in the eveningI cannot exactly say at what timeit was towards eveningon Christmas day Greenacre dined with heron the following day, which would be boxing-day, Gale went out in the eveningI cannot exactly say the time; it was between six and seven o'clock, or it might be eight o'clockshe had a little boy.
Q. What was done with the little boy? A. She took the boy with her.
Q. Did she come home that night? A. Yes.
Q. What, on boxing-night? A. No, she did not come home on boxing-night.
Q. Was the child left behind, or did she take it with her on boxing-night? A. Yes, she took it with herno, I beg your pardon; she locked the child up in the roomshe put it to bed between six and seven o'clock, and locked the door when she went away, she did not come home that night, nor till between seven and eight o'clock the next morningon her coming home, I gave her notice to quitshe was to leave that day weekon the following Thursday she came up and paid the rent, and took her little boy away with her that morning at nine o'clock, and did not come back again any more till the next morningI do not remember any thing about new year's dayGreenacre slept there two or three nights during the time she was at my house, in her roomshe left for good on the Monday morningGreenacre slept with her on the Sunday night, as she moved on Monday morningGreenacre took her goods away for her when she left.
Cross-examined by MR. PRICE. Q. The notice to quit proceeded from you I believe? A. Yesthe woman did not leave of her own accordI was dissatisfied with her stopping out all night, and with Greenacre being therewhen I gave her notice to quit Mr. Greenacre came and fetched her awayshe was in the habit of dining at home every dayshe used to go out occasionally, to get things inshe slept at home every night until Monday, boxing-dayshe always conducted herself as a quiet, orderly peaceable womanshe was a woman living very abstemiously and sparingly
she bad a small dinner on Christmas dayit was boiled turnips and a scrag of mutton, about one or two pounds, with her childthat was all her dinnerGreenacre dined with her that dayhe came at dinner-time, and dined with herI cannot say positively whether she went out at all on Christmas day in the eveningGreenacre came between twelve and one o'clock, or it might be two o'clock, about the time we were getting our dinner readybetween one and two o'clockGreenacre stopped all the afternoon, I believe, till about nine o'clock, or between nine and ten o'clock, then he went away alone, leaving Gale in our house, where she slept that nightI cannot say whether Gale left the house at all, after Greenacre came there, on Christmas dayI cannot say whether she did or did notI have no recollection on the subjectI was at home all dayone or the other was there the whole of that dayI cannot say whether Mrs. Gale left the house in the course of that evening or notI do not think she went out at all.
Q. Supposing she had left the house then, Greenacre would have been left behind? A. I do not think she went out at all.
MR. CLARKSON. Q. Whether she left with Greenacre, or without him, or at all, you cannot say? A. NoI knew her only eleven daysshe represented herself as a widowshe slept out the fourth night that she came, and he slept with her two or three nights.
Q. It that what you mean by being a peaceable, orderly woman? A. She was a person we did not approve ofthere were two pounds of a neck of mutton and turnips between her and GreenacreI cannot say exactlythere might be a pound, or a couple of poundsthere was but a very little biton the evening of that day Greenacre left, about nine or ten o'clockI cannot say whether Gale went with him.
COURT. Q. What was the age of the child? A. Three or four yearsit was a boyon boxing-night the child was left at home when she went outI did not see it in bed, but heard the child crying "Mother, "about eight o'clock, after she was gone, and several times during the night, the child cried out "Mother."
JURY. Q. The child, on the evening of boxing-day, slept at home at your house, you have no doubt? A. Yes, on boxing night I know it did, because the child sung out "Mother" in the morning the moment she came in it the door.
COURT. Q. What time did Mrs. Gale go out on boxing-night? A. Between six and seven o'clock in the evening, after putting the child to bedI do not recollect whether she had been out before that with the childI do not know where Carpenter's-buildings is myself.
JOSEPH KNOWLES . I am a pawnbroker, and live in Bolingbroke-row, Wilworth. I produce some articles which were pledged at my shop on the 17th of JanuaryI took them in myself, of a femaleI have seen the female prisoner before, and have every reason to believe her to be the person I took them in ofI believe her to be the personshe gave me the name of "Mary Stevens, 9, East-lane, Walworth"I believe I have seen her before, but I have no recollection of her having been a customerI produce a pair of shoes, two veils, and a handkerchiefthey were wrapped up in an old silk handkerchiefI have got that handkerchiefI examined it after the inspector called to see itin folding it up I perceived several stains of what I think to be blood on itthese holes in it appear to me to burntthey are where the stains are which I conceive to be blood.
Cross-examined by MR. PAYNE. Q. How much did you advance on
these things altogether? A. 2s.they are worth about that sumthen is something among them worth nothing at allthe marks are where the holes are in some part of the handkerchiefthose marks are on the hand kerchief nowany body that has got eyes can see them.
GEORGE FELTHAM . I am an inspector of the T division of police. On Saturday 25th of March I received a warrant for the apprehension of Greenacre, and proceeded with it to the neighbourhood of KenningtonI went to Carpenter's-place to make inquiry, and on the Sunday I went with the warrant to No. 1, St. AlbanstreetI got there about half past ten or a quarter to eleven o'clock at nightthe door was opened by the landlord of the housein consequence of what he told me, I went to the parlour door, which just inside the street doorI knocked at the door, and called "Greenacre"a voice from within said, "Yes, what do you want?"it turned out to be GreenacreI said, "I want to speak with you, open the door"he said, "Wait a bit while I get the tinder-box and get a light"I did not waitI heard him moving in the room, as if he had just got out of bedI lifted the latch of the door, and, it not being fastened, I went inthe root was darkI found him standing in the roomthe door fell back towards his elbowshe was standing in his shirt in the roomI laid hold of him by the arm, and he said, "What do you want?"I said, "I have a warrant to take you into custody for the wilful murder of Hannah Brown"by this time a light was brought from down stairs by the laid-lordwhen the light was brought, I read the warrant to him, or partly soI then said, "Do you know a person of the name of Brown?"I said, "Do you know Hannah Brown"he said, "No, I know no Hannah Brown"I said, "Were you never asked in church to a person of that name?"he said, "Yes, I was"he was then putting on his stockingsI said, "Where is she now?"he said, "I don't know, and you have no right to ask me those questions"I said, "I don't mean to ask you any more questions, and I caution you what you say to me, for, whatever you do say to me I shall be obliged to repeat elsewhere"I then searched his trowsers, which laid on a box by the side of the bedI had not noticed Gale at that momentjust about the time I took the trowsers off the box, I saw the woman Gale in bed in the room, while I was in the act of taking out of his pockets whatever might be in themI said, "What woman if thay? "he said, "Why, that is a woman that comes to sleep with me"I said, "She must get up alto, and dress and go with me"as I was speaking thus, I saw, or rather heard, the rattling of something in her hand like a watch and I said, "What is that you have in your hand? let me see it," and she handed me this watchI put my hand towards the bed, and she handed me the watchin so doing, I saw that she had two rings on her finger, and I took them off at the same timeshe then got out of bed and dressed herselfI then turned my attention to Greenacre's trowsers pocket, from which I took this pinchbeck watch in a leather baghe had this purse with one sovereign in it and a cornelian stone, and there was a half-crown loose in his pocketthe cornelian stone bears a crest and the initials J. G., as it appears to meI also found this bunch of keys, eight in number, a spectacle-case, and a pencil-caseGale got up and dressed herselfshe had put on her pocket, and I said, "Stop, what have you got in your pocket. I took from her pocket these two duplicates, these two ear-drops, which are cornelian set in gold, 2s. 5d. in money, and these keysone duplicate is dated 17th January, 1837, for two veils, a handkerchief, and a pair of shoes, pawned at Mr. Knowles's, 19, Boling broke-row, Walworth
in the name of Mary Stevensthe other duplicate is for a pair of shoes pawned on the 9th of April, 1830, for 1s. 6d.I found a third duplicate in this pocket-book, which I took from Greenacre's coatpocketit is for two silk gowns pawned on the 6th of February, 1837 for 14s., At Franklin's, late Harrison, Tottenham-court-road, in the name of William Greenafter they both had dressed, I sent for a coach, and as they were both coming away the female prisoner said, "Oh, there is my child in the next room"I said, "Child?""Yes, said she, "I cannot go without my child," and the male prisoner requested to have a great coat out of a box which was cordedI at first refused to open the box for ithe seemed anxious for it, and I uncorded it, and gave him the coatI did not bring the boxes away thena coach came, and we got into the coach togetherI locked the rooms, and took the keys with me, and drove to Paddington station-housebefore we left the lodging, after he was dressed, and had put on his great coat, and while the child was being dressed, he said it was lucky I had come when I had, for he should have been on the quay to morrow, for he was going off to-morrow morning, at nine o'clockhe did not say where he was goingI went to the lodging again at six o'clock next morning, having kept the key the whole timeI started from Paddington at six o'clock that morning, and went to the lodgingI unlocked the boxes which I found in the roomfour of them were locked and cordedone which stood by the side of the bed was not locked nor cordedthe bed was on the floor, not on a bedsteadI unlocked the several boxes, and took out such articles as I thought probably belonged to the deceased, and among them was this boa, and this silk cloakthey were both wrapped together in a bundlethis shawl and this white dress I also found, and this saw I found in one of the corded boxesthere were many other things, but I only took what I thought materialI did not find any thing else thenI could not stop longerI went again on the Tuesday, the day following, in company with the friends of the deceased; her own brother, Mrs. Davis, her sister-in-law, and three or four persons, witnesses, who have been hereI then unlocked the boxes, and found some articlesthis handkerchief was in one of the boxes, and this collar laid on a recess, with some glasses, by the side of the fire-place, and this handkerchief I found in one of the boxesit appears to have a stain of blood on itit is a handkerchief which females wear on the neck; and this small crape shawl I also found, which was identifiedin the back room, (which the male prisoner said was the female's room, on the night of their apprehension,) I found in a box this box of cards, and another box with some bits of ribbon and trivial things in itI also found a trunk in the same roomit is a wooden trunk covered with paperthere are some pieces of huckaback in itI should say some of the things are new, and some have been usedon the Tuesday, in the box which stood by the side of the bed, I found this pistol, in a till at the end of the box, (the box was not locked,) and the ball was in itit has a percussion lockI also found this French knife in the same box, and across the box laid this stickit was too long to lay along, and it laid corner waysit is a sword-stickfound some bullets which had been very recently made, and were made very roughlythat was all I foundI brought nothing else away at that timeI have fetched the whole of the property away since that, and it has been lodged in the station-housethe things I found were produced to the friends of the deceased at the next examination, and they pronounced their
opinions on themthey have been in my care ever since, unaltered and untouched by any body(producing them).
Cross-examined by MR. PRICE. Q. You received a warrant to apprehend the prisoner; it was obtained on your own application, was it not? A. It wasI am not aware that I have ever given a different account of this transactionI am quite sure the expression I used when I entered his room was, "I am come to apprehend you for the wilful murder of Hannah Brown"I should not think I said "I am come to apprehend you on suspicion of a murder"I have never said that I did say soI am sure of thatquite sureI never said that to any person whatever, on any occasion, that I am aware ofI do not think I could have said soif any person should say so, they would be mistakenmy words were distinctly "For the wilful murder of Hannah Brown"I read the warrant to himI turned my head when I first saw the femaleI heard the watch rattleshe had it apparently in her hand, and I heard the trinkets rattle against the watchit was a silver watch and appendagesI demanded it, and she gate it upthis is the small pinchbeck watch that I took from the male prisoner's trowsers, which he put on and wore to the station-housethere are some stains on this blue handkerchief, apparently like bloodthey appear to me to be soI cannot say they are like any other stainsit appears as if blood had been on and wiped offthey are the colour of bloodit is a crimson colouras though blood had been on it and wiped off with a silk handkerchief, a cotton one, or something elsethe stain is not exactly crimsonit is that sort of stain blood would leaveI do not know that a gooseberry tart would leave such a stainI will not undertake to swear what the stains areI thought they were blood when I first saw them, and I still retain that is pressionthey appear to me the sort of stains that blood would leaveport wine might leave such a stainI got this paper box out of the back room, called the woman's roomthere was another box in that roomthat is at the station-houseI have kept the articles I received from the women separate from those I received from the manI believe the huckaback was in one of the corded boxesthese two small boxes were in the wooden box covered with paperthe other was not empty, but that was nothing in it which the deceased's friends thought materialthere was some children's wearing apparel in it, and a woman's gownit was nearly full, I believethe contents of that box are now in another boxI have kept them separate, so as to distinguish them.
Q. Now, after having been to St. Alban's-place, did you go back again to Camberwell? A. Yes, and I searched the house, in the absence of the prisoners, at Carpenter's-placeI had been to Carpenter's-place before, but not to enter the house beforeI did not get information that the man had gone to St. Alban's-place, from any body at the houseone of these watches has been identified as the property of the deceasedthat is the pinchbeckI am not aware of the value of thatit is a common, rather oldfashioned watchthe pistol I have produced has no powder in it nowI hadI cannot tell what quantity there was in it when I found it, for I took off the cap and put it into my pocketwhen I first examined it I perceived there was powder in itthat was when I got to the station I discovered a small quantity in it thenI should say one third of a chargeit is a percussion lockI did not examine my pocket to see if there was any powder therethere was not a full charge in the pistol certainly, when I examined it
MR. ADOLPHUS. Q. Have you, in the course of your life, seen stains of blood on silk or linen? A. I have these stains appeared to me to be blood when I first saw them, and I am of the same opinion stillI am rather of that opinionI have seen stains of fruit and port wine and many thingson silk and linenI should think I could tell the stain of port wine on silk of that colourI searched the house at Carpenter's-place when I went againI did not find or bring any thing away from thereI looked at the room and shape of the placemy first object in going was, expecting I should find some stains of blood or somethingI went to examine the houseI should not think that taking the percussion cap off would enable the powder to escape from the pistol, because the cock was downwhether it had been actually full I cannot tell.
MR. PRICE. Q. Were there other carpenter's tools there besides the saw? A. There was a coarser saw, and other carpenter's tools, but they are not hereI did not think it right to bring them.
COURT. Q. Did you find in some of the boxes several other carpenter's tools? A. I didI could bring them to-morrow, if they are wanted.
REBECCA SMITH . I live with my husband, James Smith, at Wyndham, in Norfolk. The deceased, Hannah Brown, was a sister of mineher maiden name was Hannah GayI know this paper trunk(looking at it)I knew it in my sister's possessionI believe this card-box was hersI saw it last October two yearsmy sister was then living at Mr. Perring's, and I was stopping there a fortnight with her, and the card-box stood on the table in her room, where I slept with her, and I saw her use it of a morning, when she put her things on(looking at Mary Ann Bale)I know that young girlshe is the daughter of my sister, Sarah Gaywhose name is Bale, nowthat girl has been living in Norfolk, latterlymy sister Hannah used to call her herdaughtershe stood god-mother for herthe girl's father died nineteen years agohe was killed on the 9th of Februarythe was very young thenher mother was in the family way, and she left about a month after her father was killedthis girl was always noticed, and called as Mrs. Brown's childshe has since been in serviceI never heard of my sister Hannah having a daughter, or any one she called her daughter, except that oneI never heard of her having a child of her own.
Cross-examined by MR. PAYNE. Q. Had you ever seen the trunk before you came to London to your sister? A. Yesat different timesI speak to it by a particular mark and some work that is in itit was seen with some waxendit was broken by the luggage being on it when she came down into the country, and we put it together with some waxend, and plastered it together with pasteI have seen that box, and examined it within the Iast fortnight(looking at it)I know it by the hinges and this part hereit was done four years ago last MichaelmasI saw it at the place the policeman took me to, and examined it there minutelyI have never expressed any ill-will against the prisonerI never saw the man but twice.
Q. Now, with respect to your niece, where does your sister live, whose daughter she is? A. I cannot say the name of the place, but it is within eight miles of YarmouthI cannot say how long the girl had been with her aunt Hannah, because I was not in LondonI have not been in London since last October two yearsshe lived with her mother a good while, and she went to servicemy sister Hannah was then in Londonthe girl was at service at WyndhamI do not know how long she was with my
sister after she was up hereI know nothing about thatthe girl was always in service.
HANNAH DAVIS, JUN . I am the daughter of Mr. and Mrs. Davis, who have been examined. I knew Mrs. Hannah BrownI was to have been bridesmaid at her intended marriageshe had such a shawl as this(looking at it)I think she had it on the last time she was at our home, on Thursday evening, the 22nd of Decembershe had such a boa as thisI do not remember whether she had one on that nightshe used to wear it in general when she came to our houseI saw her in it a short time be fore Christmasshe had such a collar as thisof this patternI know the pattern of the workI remember thatI do not remember whether she had that on on the 22ndI have seen her wear it often, and generally when she came to our houseshe had such a white gown as thisit is made of jaconet muslinthis is the way it was madeshe wore it when she used to go with us to GravesendI have seen her several times in itshe had a white veil, but I cannot swear to thisthis black veil is like hersshe had a black lace veil like thisit was dotted exactly like this, and there was a tear in it, which is hereit has been mendedthat enables me to recollect it distinctly.
Q. Now, did you, after the marriage had gone off, at any time go to Paddington workhouse? A. I went on Good Friday, and saw the head of a female thereit resembled that of Mrs. Brown'sthe hair was like hers in colour, and the eye was like hersI had seen her frequently in lifeI believe it to be the head of Mrs. Brown.
Cross-examined by MR. PRICE. Q. That is a very common boa, I believe, is it not? A. No; I do not think it isit is a good one of the sort, there are different qualitiesthere is nothing uncommon in itshe had one like itI never saw but one collar like this, and she used to wear that repeatedly at our houseI had known Mrs. Brown for five yearsI believe she was a healthy, strong womanshe was tall and stout, and of a vigorous frameshe was a very hard-working womanI remember her living at Mr. Perring's, the hatterI do not remember seeing that covered box among her things, but I did not take particular notice of her boxesI have seen her several times at her houseI slept with her once in Union-street, and I visited her very frequently.
Q. Did it not occur to you as extraordinary, that you heard nothing more of the marriage? A. Mr. Greenacre came and said it was put offI had no curiosity to know any thing about the reason of its being put offI did not see him, my mother saw himI made an attempt to find Mrs. BrownI went once to Mrs. Blanshard, in Goodge-street, Tottenham-coot road, where her brother livedI only went once to inquire after her myselfwe thought that she was ashamed to come, on account of her great disappointment in not being marriedI do not know Mrs. Giass of Windmill-streetI never heard Mrs. Brown speak of herI knew some of Mrs. Brown's friends and acquaintancesI knew Mrs. Blanshard and Mrs. EllenerMrs. Blanshard was intimate with herI have not seen them much together, but I believed them very intimateher brother lived as servant to Mrs. BlanshardI did not know they were at varianceI had heard they had had a few words, but did not know exactly that they were at variance thenI did not know that they did not associateI heard nothing of that from Mrs. Brown herselfI have heard her talk of it, but did not know they were it variance at thatI do not know how Mrs. Brown came to visit Mrs. Blanshard and not her brotherI have
been to Mrs. Blanshard's with herI do not think her brother was in town when I went thereI went to tea there once, before he came to town.
Q. When you read the account in the papers of a person missing, didit never occur to you that it might be Mrs. Brown? A. NoI first learnt that Mrs. Brown was missing, on the Sunday before Easter Sunday, from the brother who went in search after her at Camber well.
SARAH ULLATHORNE . I am the wife of Thomas Ullathorne, a baker in the Strand. I knew the deceased, Hannah Brown, from a childI knew her well and intimately; we lived close to one another in the country, before we came to London, and we kept up our intimacy all our livesshe used to visit me up to Christmas last (looking at the cloak)I have seen her wear a cloak like this about onceit seems the make, and like the cloak the had on at that time, for I looked at it particularly when she came to my houseit is a black silk cloakit might be five weeks or a month before Christmas that she called on me with it onit was the last time I saw her, I thinkI have seen her wear a shawl like this, many times, and have seen her wear this boa, or one like it, frequentlythis black veil is also like one I have seen her wear.
Q. Now, taking all these things together, if they were found in a room or any where, should you pronounce them to be Mrs. Brown's property? A. I should; the shawl particularly, but not the other things so muchthe shawl I had particularly noticed, because I wanted one like it, but could not get oneI cannot speak to the boxesshe was staying with me at one time, which enabled me to notice her things.
Cross-examined by MR. PAYNE. Q. Is there any thing particular about that cloak, or is it a common black silk cloak? A. I should not particularly know the cloakI should know the shawl if I saw it any where elseit is a particular pattern, which I never saw beforeif I had seen it twenty miles off in the country, quite unconnected with Mrs. Brown, I should have thought it was the same patternI do not speak with any confidence to the boathe shawl is the only thing I can speak to with confidencemy intimacy with Mrs. Brown continued up to within about the last month of her deathI saw her, perhaps, once a fortnight or week.
Q. As you yourself got up in the world, did your acquaintance with her discontinue? A. No; I was on the same terms of intimacy with her as I was beforeI never made any differenceshe mostly visited meI did not visit her in Union-streetshe was a strong, hearty womanshe got her living by keeping a mangle.
MARY PAINE . I am the eldest sister of the deceased Hannah Brownthis Pinchbeck watch was my sister'sI have had it in my possession for three or four months togetherI cannot be positive to these ear-dropsshe had some very nearly like them.
CATHERINE GLASS re-examined. I have seen this cloakMrs. Brown had one exactly like itI had not seen it very oftenI noticed the make of it, because she showed it to me, and asked me how I liked itI examined it on herit corresponds exactly with the one she showed meI have seen her wear a boa exactly like this, and she had a shawl exactly like thisI have seen it very oftenI remember the patternI have often noticed itit is exactly like the shawl she wore.
Cross-examined by MR. PRICE. Q. It appears to be an ordinary cloak, is it not? A. Yes; very commonly worn about the streetI last saw her in it, a fortnight before Christmas, at my houseI have seen her wear it at her own houseshe usually dressed very respectablythe boa was
not a recent purchasethe cloak, I believe, she had recentlyI know she had not had it longI cannot tell how long she had the boa; I believe as long as I have known herI cannot exactly say I know the white dressI know she had one, but cannot say whether that is it or notI never visited Mrs. Brown, except at my own housewe have gone out togetherI did not know any of her friendsI knew her nearly two years, but never knew any of her acquaintanceshe never slept at my home beforeshe told me she should sleep with me on Saturday night, because all her own goods were out of her own apartmentshe told me she had been to Mr. Greenacre'sshe has called on me when she has been going thereshe never said she was going to stop thereshe was a stout, strong, muscular woman.
MR. BODKIN. Q. Did she say any thing to you about Mr. Greenacre inquiring about her property? A. Noshe told me whatever her goods sold for, she was to have for herself, because Mr. Greenacre did not want any money, he had got plenty.
MRS. DAVIS re-examined. Mrs. Brown had a collar like this, and she has been, I dare say, dozens of times to my house with such a collarI had noticed the pattern and work of it, and directly I saw this collar I knew itI saw it at Lambeth, at the house where it was foundI accompanied the officer thereMrs. Brown had a boa like this, but I do not know any particular mark on itI know she had cornelian drops, but cannot say these are themthey are like them as far as I can see.
EVAN DAVIS re-examined. I remember that Hannah Brown had similar ear-drops to these, but I cannot say they are the same.
WILLIAM TAYLOR . I am parish-clerk of St. Giles-in-the-Fields. I produce a book of the publication of bannsI find the banns of marriage between James Greenacre and Hannah Brown published the first time on the 27th of November, the second time on the 4th of December, and the third time on the 11th of Decemberthey were completely out-asked before ChristmasI officiated, and know they were published by the ministerI entered them in the book, banded it to the minister, and he published them.
ELIZABETH CORNEY re-examined by MR. PRICE. Q. On the evening of Mrs. Brown leaving your house, do you remember her packing up her things? A. YesI am not aware that she had any kettles, or any thing of that kindI believe she sold every one of themI have only a belief of thatI never saw this piece of sacking till I saw it in the policeman's possessionI do not believe she had that sack among her things when she went awayI never saw itI did not observe the things she carried away very attentivelyI do not know that she carried away any cooking thingsI do not believe she did.
MICHAEL CARROL BROWN . I am a police-sergeant. On Sunday, the 26th of March, I was at the station-house at Paddington, on duty, and the two prisoners were brought into my custody by Feltham, about half-past eleven o'clock at nightabout ten minutes after Greenacre was brought in Feltham read the charge to him, and I put the prisoners into separate cellsthere were no other prisoners with eitherGreenacre was visited by me about twenty-five minutes after twelve o'clock, in his cellI found him lying on his back, with this silk handkerchief tied into a noose round his right foot, and the other part of the handkerchief tied round his neckI first cut this part off his neck, and then I cut the otherhe was stiff, and apparently deadMr. Girdwood came and bled him, in five or seven minutes, and he recovered
in about three hoursthe first word I heard him say, as I was in the act of putting his foot on the fender by the wish of Mr. Girdwood, was, "I don't thank you for what you have doneI wish to died the man that is afraid to dieI am not."
Cross-examined by MR. PAYNE. Q. Were you examined before the Magistrate about this? A. No; I was in attendance to be examined, and was not calledMr. Girdwood, Feltham, and a police-inspector, were present when this conversation occurredI did not make a memorandum of the wordsI have mentioned the words over several times sinceI have talked about it to many peopleI do not know whether I have done so to my brother policemenperhaps I have, but I cannot charge my memoryI might have done soI am quite clear that I am correct in the words I have mentioned.
THOMAS TRINGHAM (police-constable T 187). I was in the cell with Greenacre, at the police-office at High street, on Saturday morning, the 1st of Aprilhe began talking first about people coming in to look at himhe said, "This affair has caused a great deal of excitement; more, I believe, than any that has transpired in London or the country for some time"he said, "Many people run away with the idea that this was moved in a cart"I said, "What, you mean the body?"he said, "Yes; but it was not; it was moved in a cab"I said, "Was it on the same night that the affair happened that it was removed?"
MR. PRICE. Q. Had you said any thing to him before this conversation took place? A. I cautioned him before it began not to have any convenation with me, as perhaps I might name itI said nothing elsehe did not send for meI was placed in the cell with him after the occurrence, and he began to talk to me voluntarily.
MR. CLARKSON. Q. You said, "Was it on the same night that the affair happened;"what said he? A. He said, "No, it was not; it was in the morning"I said, "The morning of the same night?""No, "he said, "on the Monday morning, I believe"I said, "Was it after daylight?"he said no; be believed it was between the hours of two and fivehe then said, "There is a great deal of mystery about the headthey have run away with the idea that it was thrown over the tunnel at Maida-hill, and they don't know to the contrarythere is no proof to the contrarybut I don't want to satisfy the minds of public curiosity"I repeatedly, in the course of the conversation, cautioned him not to talk to me so muchhe said, "As for what I say to you, is nothing"he then began asking me if I knew whether a person was coming forward, whose name I do not recollect; Captain some-bodyhe did not say a Captain of whatI said, "I don't know"he said he had been informed that he was"Well, if he does, "he said, "I will provide myself with some questions to ask him"he then commenced writingafter he had been writing some time, he read over some sentences of that he had been writingquestions he intended to ask this captainit was about a ship that this captain took to America with a cargo of goodshe did not name what goods; but he sold them, and defrauded his creditorshe said he had also sold the ship, and cheated the owners, and came back and returned it as a total wreckhe asked me repeatedly, while he was writing, if I had got a knife to cut his pencilI said I had nothe asked me several times for a knife.
Cross-examined by MR. PRICE. Q. When did this conversation occur? A. On Saturday morning, previous to the second examinationI found
him very freely communicativeI am quite certain he said the body was removed between two and five o'clock in the morning.
MATTHIAS RALPH re-examined. I conveyed the head I found in the lock, to the bone-houseI locked the bone-house up, and gave the key to the gravedigger's wife at his own housesI believe her name is Sarah Matthews(looking at her)that is herI left the head in the bone-house in exactly the same state as it came out of the water, wrapped up in what I carried it.
SARAH MATTHEWS . I am the gravedigger's wife. I received the key of the bone-house from Ralph on the FridayI delivered it to James Barrett the same dayI kept it till I gave it to himI did not let any body in in the meantime.
JAMES BARRETT . I am a bricklayer. I received the key of the bone-house from Mrs. Matthews, and went there with itI saw Mr. Birtwistle the surgeon therehe saw the head that was in the bone-houseI opened the door and let him inseveral people went in at the time I went in, because I could not keep them outthey went in at the same time I did, on my opening the doorI went a good many times that morning to get the boards outno one went with mestrange people came in and looked at the head, but nobody interfered with it at allthey did not touch itI let Mr. Birtwistle in about the middle of the day, and several more gentlemen went in at the same time.
Cross-examined by MR. PAYNE. Q. When you went for the boards, did you take them off to another part of the burial-ground? A. I locked the door when I took the boards outI did not go away and leave the strange people in the bone-houseI took the boards outside, and locked the door after me, and had the key in my pocketI took all the set of boards out at one timeI suppose I went six or seven times before I went with Mr. Birtwstle, and every time I came out I locked the door.
JAMES FELL . I am clerk at the public office, Marylebone. I attended the examination concerning the two prisonersI have a statement here which was made by the prisoner Greenacrenothing was said by the Magistrate, or any person, by way of promise or threat, to induce him to make that statementit was his own voluntary statementI took it downI did not read it over to him at that timeI did afterwards at a subsequent examinationhe then acknowledged it, and signed itthe female prisoner also made a statement in her behalfI read it over to her, and she signed itshe very well understood what it wasthese are the statements(read)
"The prisoner Greenacre says: There have been many direct falsehoods giventhe key I have had twenty yearsI did not tell her brother that we had had wordsI told him distinctly that we had no words on the subjectI questioned her about the property, and I found that she was a loose womanshe had put up two silk gowns to me at a tally-shopthere had been duplicity on both sidesthere are many coinciding circumstances that may perhaps cost me ray lifeone of the witnesses has stated that I helped her to move her boxes on Saturday; that is trueI had this female lodging in a room, and she washed and cooked for meI gave her notice to leave previous to Mrs. Brown's coming home, and she leftMrs. Brown came down to my house on Saturday nightshe was rather fresh, from drinking in the morningin treating the coachman she had made herself freshthen at night, being Christmas eve, she insisted on having some rum, and had a great deal to her teaI thought that a favourable opportunity to press her for a statement of her circumstances, and she seemed
reluctant to give me any answer; and I told her that she had often dropped insinuations in my hearing about hating property to go into business, and she had said that she could command 300l. or 400l. at any timeI told her I had made some inquiry relative to her character, and I had ascertained that she had been to Mr. Smith's in Long Acre, a tally-shop, to endeavour to procure silk gowns in my namewhen I put those questions to her, she pat on a feigned laugh, and retaliated, by saying she thought I was deceiving her by misrepresenting the extent of my own propertyduring this conversation she was reeling backwards and forwards in her chair, which was on the swing; and, as I am determined to adhere strictly to the truth, I must say that I pot my foot to the chairit was just after we had concluded tea, and she went back with great violence against a chump of wood that I had been using of, and that alarmed me very muchI went round the table, and took her by the hand, and kept shaking her, and she appeared entirely goneas it regarded my own feelings, it is impossible for me to give any thing like a description, from the agitation I was in at the timeduring this state of excitement I deliberated, and came to the determination of concealing her death is the manner it has been already laid before the worldI thought I might be more safe that way, than if I gave an alarm of what had occurred, because if I had, I thought I might be considered her murdererno other individual had the least knowledge of what I have now statedthis female, who is here, I perfectly exonerateshe was away from the housethis took place in Carpenter's-buildings, Camberwellsome days afterwards, when I had put away the body, I called on this woman, and solicited her to return to her apartment Againas regards her things and her trunks, I told this woman that, as she had left them there, we would pledge themthe whole of them fetched about 3l.I do not knew any thing more that I have got to sayshe had eleven sovereigns and two or three shillingsthat is a true statement of the factsIt was Christmas eve it happenedwe had tea about seven or eight o'clock, and it was that evening I called on Mrs. Davis to stop their going to churchthere was no quarrel at all.
The prisoner Gale, says, "I have nothing to sayI know nothing about itI was not at Camberwell at that timethose two rings that was taken from me, one of them I gave 5s. 6d. for in the City, twelve months ago, and the other, my little boy, who was digging in the garden, found, with a half sovereign, two half-crowns, and a five-shilling piece, and sixpennyworth of halfpencethe ear-drops have been my own for this seven or eight yeanin regard to the shoes, Mrs. Andrews gave me the ticket, and the other ticket I found in the street near our own houseMr. Greenacre told me I must leave hit house a fortnight before Christmas, but I could not suit myself with lodgings till the Wednesday or Thursday followingI returned back on Monday-week following the Thursdayhe said the correspondence was broken off between him and Mrs. Brown, and he wished me to come back againThat is all I have to say."
The prisoner Gale says nothing.
MR. JOHN BIRTWISTLE . I am a surgeon, residing in Mile-end road. On the 6th of January I saw a human head at Stepney Churchyard, which was afterwards removed to Mile-end workhouseit had been drawn from the canalwhen I saw itin the dead-house I partly examined it, but not
KELLY Mayor. minutelyI examined it enough to know that it was in the same unaltered condition, when I examined it more particularly on the following day the 7thit had not been altered in the leastwhen I examined it on the 7th, in our workhouse, I found it had received a blow in the right eye, that the coats of the eye were ruptured, and the humours consequently let outround the eye was ecchymosisy which means the pouring out of the blood from the rupture of a vesselthat effect was produced when the body was alivethat is my opinionthe appearance of it was what I should call tremendous black eyethe face was cut in various placesthis appear ance of the eye was caused before deaththat is my opinionafter death, 1 think, a blow on the eye will not produce that effect.
Q. Was the eye totally displaced, or did it remain void of its humours? A. It remained void of its humoursthere were several lacerations on the faceone a sort of crescent-like laceration on the cheek, and a contort wound on the lower jawthe crescent-like wound, I conceive, was pro duced by incisionthe one on the lower jaw, by being jammedboth the lower jaws were fracturedmy opinion is, all the wounds I have described, except on the eye, were inflicted after deathon the top of the head there was a bruise also, which had occurred after deathI did not observe any other wound on the head at the time I am speaking of which was at our workhouse, on the 7th of JanuaryI examined the neck at the dead-house, and found the body of the fifth cervical vertebra had been sawn through and disarticulated at the transverse processesthat is it had been disjointed about five of the bones of the neck down.
Q. Would such a saw as the one produced, effect the severance of the head in the manner you have described? A. I think it wouldI have seen this saw since applied to the two bones, and it fits exactlyI kept the head in our dead-house until night, and had the key of it my selfI then went over with the policeman, and it was removed to my house, which is opposite the workhouseI then packed it in a small hamper myself, tied it up, and put my own seal upon it, and gave it to two policemen, a sergeant of the K division and a common policemanit was taken from my house that night to Paddington workhouseI saw it again there about half-past ten o'clock next morningthe hamper was then as I had left it, with my seal untouchedI then examined the bead more carefully, in company with Mr. Gird woodI was present when be ex amined it, and appearances were then made obvious which were not appa rent beforethe right ear had a notch in itI think it was the right earthe head is herewe examined the wounds which I have described, and, came to the conclusion that the wounds I have said were inflicted after death were so, and that the other, the eye, was inflicted before deathwe then proceeded to open the headthere was a wound on the back part of the headI could perceive that, on opening itthere was no bruise on the outsideit was an effusion of bloodthere was no bruise on the outside but an internal wound, which I could only discover by opening the headit was between the integuments and the skull.
Q. Were you able to judge whether that wound had been inflicted before or after death? A. I think, from its appearance, it had been inflicted before deathI cannot say whether it had any necessary union or concurrence with the blow in the eye; but I should think if a blow was struck in the eye, and the back part of the head came in contact with any thing, it would produce itI applied the head to the body that was at the workhouse, and the one fitted the other exactlyit appeared tome that he throat had been cutthe head was perfectly bloodlessall the blood
was perfectly exhaustedI had nothing to do with the body, but the bead was entirely free from bloodthe were entirely free from bloodI do nut think that effect likely to have been produced if the throat had been cut after the subject was dead.
Cross-examined by MR. PRICE. Q. How long after death will the blood flow 10 as to empty the vessels of the bloodhow long after sudden death? A. It would depend entirely on the cause of deathI think if a person died from the effect of lightning, the blood would flow some time after deathI cannot say as to the case of a broken neckI never witnessed a caseblood will flow while the body is warmI should think in to case of killing by a contused blow or bruise, or any internal injury proceeding from a blow or fall, that warmth would remain in the body for an hour or two.
Q. Daring that time would the body be capable of ecchymosis, a perfect body? A. I have never made any of those experiments, and therefore cannot speak decidedly on themthere are gentlemen here who can, but I am not prepared to enter into these mattersI am a member of the College of SurgeonsI was admitted in 1827I have examined many bodies recently after death, but not immediately after deathI have had no opportunityMr. Girdwood attended the examination with meI think him a gentleman of great experienceI mean by a bruise, any thing that has contused the partthere cannot be contusion on a living body, I think, withI out blood being on the surface of the skinnor immediately after death alsothere is a distinction between the words bruise and contusionit appears to me that there isI think in a contused wound, you would not find the same appearance as in a bruisea contusion may not produce blood on the surface, but a bruise always produces blood on the surfacea bruise always produces ecchymosisthe neck was not ex amined internally by meI was not present at every examinationit has been examined many times sincethe first examination by myself was on the 7th of January, and the second examination was on the 8th, by myself, Mr. Girdwood, and others, at the Paddington workhouseI was present the whole time with Mr. Girdwoodon that occasion, the neck was not openedthe part cut was examinedthat is, the anterior part of that portion of the neck, which had been divided from the trunkthe cervical column was taken out by disarticulating it from the headMr. Girdwood art down upon the first vertebrahe introduced the knife through the fleshhe then cut the neck downhe took the bones out entirely, and left the toft partshe then cut down the neck from the first vertebra to the remainder of the fifth, in front, and behindhe removed the flesh from the column on one side, but the flesh remainedhe then severed the column fromfrwn the head with the knife, preserving the whole of the fourth and fifth vertebrathat column was not dissected longitudinally in my presenceI do not know whether it was dissected at allI am not aware that we made any observation on the neck, during the operation of direction, except on the retraction of the musclesI mean the muscles were less, they were retractedI am not aware of any other observation on the neckMr. Girdwood has that column nowthe body of the verte bra was sawn throughfrom the jagged appearance of the bone, I should say it was not cut through with a knifefrom the rough appearance I would say soit appeared to be done with a sawit was rough all throughI do not think a notched knife would have done itI think this saw would have done itI did not observe whether there was any spinal marrow in the filth vertebraI made no remark on it whatever.
Q. In what part of the skull in the corresponding integument was it you found the internal bruise? A. This part, (pointing to hit own head) just, on the occipitisrather more at the left side than the centre of the head.
Q. Supposing that to proceed from a blow on the back of the head, might it create a suffusion of blood within the head? A. I cannot give an opinion of thatit might or it might not.
MR. GILBERT FINLAY GIRDWOOD . I am a surgeon of the parish of PaddingtonI am not a member of the College of SurgeonsI passed my examination at EdinburghI have been practising as a surgeon twelve yearsI examined the head of a female at Paddington workhouse, on Sunday the 8th of JanuaryMr. Birtwistle was present at the time, alio Mr. Lucas, and some other medical menthere are three published doc* ments, which I drew up at the timethey are copies of my original notesI have not the original notes with methey have all been publishedthe first was made at the inquestthat was before I examined the bedit had reference to the trunk onlyI published an account of the appearances of the head on the very day it was examined, on Monday, the 9th of January; a note of it was given to the churchwardens and to the newspapersi saw it afterwards in the newspapersI saw the head on Sunday, the 8th of January, at Mile-end workhouse, and examined it very cursorilyon the 9th, between nine and ten o'clock in the morning, I went into a more detailed examinationthe bead was brought to the work-house during the nightupon examining it on the 9th, the head had the appearance of being that of a femalethe nose was slightly flattened about the centre, and it had a slight twist of the tip to the right sidethere were several wounds and bruisesthere was a large wound on the left cheek, in the shape of a crescent, commencing a short way under the left eye, and terminating on the same level as the mouth, and about a inch or an inch and a half from itit was an incised woundit was merely superficialit entered into the cellular membrane and the fat underneath-in my judgment that wound was inflicted after deaththere was under that wound, a large contused wound over the lower jawthe jaw was there fracturedthat injury, in my judgment, was inflicted after death-on the other side of the face there was another contused wound, at the right angle of the lower jaw; there, too, the bone on that side was brokenon that side, too, there was a wound, partly contused and partly in-incised, and which opened right through into the mouth(those two lit ter injuries were sustained after death)it opened right through into the mouth, and by that means made the mouth larger, continuing the moots along the cheek; several of the teeth of the upper jaw were forced out and the tongue was crushed between themthat appeared to me all part of the same injurythe right eye had received a blowthere was a wound in the eye itself, above the pupil, which had entered into the eye, and occasioned the escape of the humours of the eye around the eye, above-below, and there was a mark, a round ecchymosis, surrounding the eye; presenting the appearance not of an ordinary, but of an extraordinary black eye; as to its severityit was of the same speciesI might call it what would follow a black eye, but to a considerable extentwithin the area of this bruised appearance there were three small superficial wounds; was external to the orbit of the eye, one was superior to the orbit of the eye, and the other was situated on the side of the nose, and exposed the bone of the nose.
Q. In your judgment, was the injury you have described to the eye, inflicted during the life of the party, or after death? A. I believe the wound in the eye, and the bruise around it, to have been inflicted during life, and I believe also the three small wounds I have alluded to, to have been inflicted after deaththe circumstance of the eye being ruptured would imply great forceit might be the result of a blow with the fist of a personI think it could not be referable to a blow with a dull weaponthere was no mark on the surface of abrasionabrasion is more likely to follow a blow by a bludgeon than a blow by a handI mean abrasion of the skinit is almost impossible to say whether it was inflicted with a fiat or instrumentI could not form any definite opiniona blow struck with the violence I judge this to have been inflicted with, would certainly deprive the party so struck of sense for the moment, and at the moment, for a timethe length of time it would do so depends entirely on the individualone person would bear a blow very differently to anotherit depends on the effect produced on the nervous system, on the vital energies of lifethis being a female subject, it is very possible the blow would deprive her of senses, so as to enable further injury to be given to her during that period of insensibility.
Q. Supposing, on the blow being struck in front, the back of the head was to be driven in contact with any thing, would that tend to increase the period for which insensibility would follow? A. I think it very likelythere were two appearances behind, which I have not yet described, on the crows of the headit was a large contused woundthat is allit was two wounds togetherthere were two bruised surfaces coming into one another continuousthey had been done'after deathit was a semilunar wound, having two tail, as I may sayon turning back the scalp, which we cat through from ear to ear, by cutting a little and exposing the upper part of the skull, on the posI tenor surface on the left side in the cellular membrane, underneath the skin, and in those muscular fibres called the occipilo-frontalis muscle, existed an ecchymose appearanceI opened the head, and found an internal injury corresponding with the outsideon the outer covering of the brain, called the dura mater, there existed a slight redness, an unnatural redness, not visible any where elsethat was opposite to the place where the ecchymosis appearedthat was so far a serious injury that serous effusion on the dura mater indicated a disturbance within.
Q. Now, was there, in your judgment, any connexion between the injury in the eye and that at the back of the head? A. I could not but think that the one was the result of the otherthat the appearances behind were the result of the injury in frontthat is on the supposition that the head, when struck in front, came in contact with some resisting bodythere was this relation between the two injuries, that it was on the opposite side of a round body, and a round body struck on one side, if opposed by striking against something, will show that something has struck therethe external appearance of the skull would not be caused by the blow in front, sup posing it did not strike against any thing at allthe internal derangement which was presented, might have been the result of a blow in front, supposing the back of the head did not come in contact with any thingby the derangement, I mean the slight redness on the dura mater, as well as the disturbance which that intimatedthe appearance in the eye could not possibly be caused by a blow struck at the back of the headwhether that injury was by a "blow, a fall, or any other means, it could not have
caused the appearances in frontI afterwards proceeded to examine the throatthe head had been separated from the trunk at the fifth bone of the neck, which was sawn throughnot entirely, but partlyI have fitted the saw produced, to the bone, and it appeared to me to correspondthe greater part of the anterior portion of the bone was sawn through, and the other part of it appeared to have been broken offthe posterior partit was sawn nearly through from the front, and then broken offthere was no appearance of discolouration of the neckthe fleshy part of the neck appeared to have been cut with a sharp instrumentsuch an instrument as this (looking at the knife) would be adapted to the purposeit is something in the form of a surgical knifeit has a spring at the back which makes the blade firmthe muscles where they were divided were very much retractedthe muscles do retract for some time after deathas long as warmth continues, or until the rigidity of death begins.
Q. Supposing a person to meet a violent death suddenly, being in good health at the time, how long would that state of the muscles which would cause them to retract, continue? A. I cannot speak from experience, but I should say it would continue some time of coursein all states after death, this retraction of the muscles will continue some timecertainly some hoursbut the retracting power, which is often very strong at the moment of death, gets less and less every hour, and at last ceasesit would be less, too, if much blood was lost at the moment of deaththe retracting power would continue for a shorter time, inasmuch as the body would sooner get cold and rigidI found all the large blood-vessels of the head empty, and the same as to the trunkthere were other wounds about the neck, independent of that which severed it from the body, but they were all part of the same attempt in cutting the neckthe superficial cut was very ragged.
Q. We have not yet got to thatindependent of the cutting of the neck, did you find some superficial cutting about the neck? A. Yes, the tomination of the wounds which were carried round and round the neckthe neck was evidently cut in front at firstthe first incision commencing on the left side, in the fold which exists where the bead joins the neck, high up, exactly here (putting his finger uider hit ear)it passes along the fold in front of the neck, behind this ear, and terminates on the right sidethat cut was not continuous round the neckthe continuation of the cut appears to have been jagged on the right sidethe division of the muscles becoming now deeper and deeper, and at the same time lower down the neck, so that the incision which has cut through the windpipe, is full two inches under the first superficial incision which I have already describedthis cut through the windpipe has cut also through the carotid arteries, and it is on a level with the division of the vertebrathere is a superficial cut high up in front, not penetrating the windpipe; and two inches below that, there is the main cut, which separated the head from the bodythere is thus left a flap of skin in front adhering to the trunkthat would have supplied the space between the two cuts, and then the posterior cut of the skin coming round on the right side leaves a flap, about two inches long, adhering to the neck.
Q. Do these circumstances denote that there was an attempt to cut the throat, and inflict a slight injury, in addition to the main cut which divided the head from the body? A. I cannot form any opinion positively on that point.
COURT. Q. What was it the appearance suggested to you? was it that
an unskilful man had attempted to separate the head after death? A. The suggestion I formed, having seen a wound in the eye which might or might not prove mortal, was, that the cut in the throat certainly must have proved mortalthe cut above was certainly the first cut; and the cut must have been inflicted during life, or very shortly after death.
Cross-examined by MR. PRICE. Q. You have described to us now all the wounds you perceived, both externally and internally, on the head? A. As far as I can recollectI do not recollect having omitted any thingI examined the brain, but I have not been asked to give any account of its appearancethere were two large bruised wounds on the outside of the head, which I have mentioned, and one partly bruised and partly incised; and there was the large double wound I have mentioned on the top of the headbruise and contusion are synonymous termsit depends entirely on the force with which a bruise or contusion has been given, whether they will show ecchymosisbruise and contusion being synonymous terms, if either one or the I other is inflicted with sufficient force, they will produce ecchymosisa contusion after death will not produce the appearance called ecchymosisa contusion or bruise might effect a lodgment of blood within the head, or it might notit would not under the bonea blow on the back of the head may cause a lodgment of blood within the headit may do so under the bone, but not a great lodgment of blood know no means how it could escape, except by absorptionblood, when dislodged, is not obedient to the law of gravitation in a living body, not to any extentit is subject to the law of gravitation as far as the law of gravitation can be allowed to have its effect in a living bodya living body has the means of disposing of a lodgment of blood, which the dead body is withoutin any partyou are not alluding to the craniumI beg leave to say, a lodgment of blood in the cranium could not take place to any great extentan internal effusion of blood, caused by a blow on the back of the head, would be likely to find a lodgment either in the dura mater or in various parts of the brainit entirely depends on the peculiarity of the individual, wherever the vessel happened to give way which effused the bloodI never knew a blow on the skull inflict a wound exactly on the opposite side of the skulla blow on the back part of the head might produce injury exactly opposite, within the skull, a contre coup, but not the eye, which is without the skullthe venous portion of the eye would not be the natural position for blood lodged in the cavity of the brain to escapea blow received behind, will inflict injury in frontthe cause of that injury in front would be, as to its effect, in a mechanical mannerif you strike one part of a circle, then the whole of that circle will be dis turbed, and it will occasionally produce fracture of the skull in the oppo site part; but in most cases the fracture is received behind, as blows generally are given in front.
Q. How long will the head of a human being, after death, generally speaking, be capable of ecchymosis? A. I have said, you cannot produce the phenomena of ecchymosis on a dead bodyit is impossible to do so, although warma blow given half an hour after death, would communicate avidity on the surfaceI am speaking from experiment, from my own knowledge of the factyou will have a discolouration of the surfaceI did not describe the black eye as discolouration.
Q. What is the difference between lividity and a black eye? A. in a black eye, you have a phenomena of ecchymosis which you do not
have in the dead bodythe ecchymosis of a bruise or contusion consists in having blood effused in all the tissues which have been interested in the blowthere is also the existence of blood throughout those membranes, in the minutest blood vessel (by membrane, I mean tissue) which in health do not contain this red bloodthere is also the existence of swellingthere are some other phenomena, but these three are the important onesthere is at times a yellow colour round the external edge of the ecchmosis what we call a black eye will sometimes not be apparent at firstthen in a black eye which will not assume that appearance, until a considerable time after the blowI never saw a black eye that did not immeadiately afterwards assume that appearance I mean the puffinessthe outer skin va ries a little in different personsa blow on the chest of a person who has considerable flesh between the muscles and the cuticle, might not be ecchymosedif the skin be thin, ecchymosis may be almost instantaneous, but you are supposing cases which I have not seen.
Q. With respect to the neck, I think you have elsewhere described, that the section which removed the head proceeded across the neck anteriorly through the skin, immediately under the fold formed by the junction of the chin with the neck? A. Not immediately, but under itI am the author of the report of the examination of the head of the female, in the medical GazetteI do not wish to correct that statementthere is no correction necssarywhat I have said here is but a different mode of expressing the same thingthe posterior cut of the neck was exactly on a line with the section of the vertebral column.
Q. How long in your opinion will blood generally flow after immediate death? A. There have been experiments to show that blood will flow for many hours after deathI think blood will flow for several hours from a vessel divided after deaththere is an experiment to prove what you wishI think it is sixteen hoursI am not quite sure; I talk only from memory.
Q. Then during that time, the blood vessels of the head might be emp tied by severing the head from the trunk? A. The large vesselsit might or might notbut that would depend on the death of the party, the ok time the blood coagulates, and a variety of circumstancesI have no experiment to prove in how long the head might be emptied by severance after death; I cannot speak from experienceI cannot say whether the wound which occasioned the division of the head from the trunk, was done in great hasteI really cannot judge of haste.
COURT. Q. Was it done as a surgeon would do it in any experiment? A. Certainly not.
MR. PRICE. Q. You are quite of opinion that the fifth vertebra was sawn through? A. I am quite sure of thatI have them to show that factI divided the portion of the cervical column, which was left on the head, the bones called the vertebral column, that is, the cervical vertebra which is attached to the head, the four and three quarters which is attached to the headthe fifth was sawn throughI did not myself divide itit was done by my orders, in my presence, and I think I assistedwe took it off at the atlasI am not certain that that now forms one end of the portion of the column I have hereit may or may notit may have been removed, but at the time it was severed, 1 think it didI think the dentatus processus is still attached to the columnI think that portion of the column was left perfect, but I have not examined it sinceI have never taken the trouble to divide the column longitudinally nor transversely.
Q. Then you can give us no account of the state of the spinal marrow? A. No,
not in that part of the columnwe looked into the spinal marrowI have the means of knowing if the spine was injuredI saw the marrow at the end of the column where it was sawn acrossbut I have not traced it through its courseit is now lodged in the column of the bodyI do not know whether any thing has been done with it, and the bones that were removedthe cervical spine has been sawn throughI have examined the bones externally, and had there been any injury inflicted by any external cause, it would have produced some injury in the bone.
Q. Is it possible for the spinal marrow to be injured without leaving appearances on the bone? A. When you talk of possibility, it is possible, for instance, a needle might be introduced to the spinal marrowthere was no injury that I am aware of to the spinal marrowit could not receive any injury that I am aware of to occasion deaththere was not the slightest injury in the partsan accident creating pressure on the spinal chord would occasion death certainlyT should ascertain that fact by exmining the marrow, but I might not ascertain it by doing soby examining, I may perceive an injury, and I may not perceive it.
Q. A person might die from injury to the spinal marrow, and leave no trace behind? A. In a locked jaw there is no appearance whateverthere would be an appearance of fixednessthere are no appearances, that I know of, in persons dying of hydrophobiathere might be this injury to the spinal marrow, or nervous systemI mean injury to one of the nerves of the thumb, which sometimes will occasion a locked jawa locked jaw is an injury to the nervous systemthere might be pressure on the spinal chord, and death not ensue; but it might so happen that death may ensue from itan injury of the spinal marrow might produce death, or it might notan injury to the spinal marrow in one part might product instant death; but I do not think it could be produced without producing tome effusion round it, which would be of a bloody character, or of a serous characterI mean around the spinal marrow externallyif the spinal marrow was injured at its juncture with the brain, a small injury might occasion instant death; but if you examine that body after death, I think you will find perhaps a very small blood-vessel, or effusion of blood, or you might have the spinal marrow itself shortened or slackenedI exa mined the neck on Monday the 9th of JanuaryI had seen it before, but I examined it anatomically on the 9th.
Q. You have said that the external appearance would be slightis it possible that the immersion of the head, and its remaining in the water for eight or ten days, would have rendered the detection of that injury more difficult or not? A. I do not think it would make any differenceyou are alluding to the injury of the spinal marrow, taking place where I have namedI should think it would be necessary to examine the marrow itself, to be able to say positively that a person died of injury to the spinal marrowa blow on the back of the neck might be capable of killing, but it depends entirely on what the blow isany blow may be capable of killing which at all shakes the vital spark; not that shakes the spinal marrowa blow on the stomach might cause instant deathI have said almost all blows of any great severity may be mortalit all depends on whe ther they affect a vital partI think it very possible that a blow disordering he spinal marrow, would occasion death, but I cannot imagine a blow being given in such a case without having external appearancesI cannot imagine a blow to have occasioned such an injury to the spinal marrow as to occasion death, which would not show it after deathI certainly have
no right to infer things are not possible, because I have not met with themI am talking generally from what I have observed and experiencedI cannot conceive violent muscular action of the neck, capable of causing deathI do not see where the injury could be effected by the muscular action of the neckviolent muscular action of the neck will not disorder the os coccygisI never knew the thigh broken by the action of the nuclei.
Q. I will suppose a case of a man balancing on a chair, and losing his equilibrium, might not the muscular operation of the neck in endeavouring to recover itself, inflict an injury on the neck of the person so as to cause death? A. I cannot imagine such a caseI am not at all aware of any thing likely to produce such a circumstanceI cannot conceive a case of the sortI know no case at all like what you describeit might injure a fibre or ligamentthe muscle confining the dentatus processes is a very strong oneif that ligament was ruptured, it might occasion deathif it permitted the spinal marrow to be injured, in all probability it would occasion deaththe dentatus processus is not the next vessel to the spat, it is the axis on which the head turns.
COURT. Q. Supposing what the learned gentleman has supposed to take place, would it leave any external appearance? A. In the spinal marrow it would, but not on the surface of the skinthat injury had not happenedif it had, I should have detected it in examination.
MR. PRICE. Q. Then you do not think such an injury could occur, so as to affect or injure the spinal marrow, without leaving an appearance on the external part of the bone? A. Certainly notthe termination of the spinal marrow was examined, where it joins the brain, and there was no appearanceI am now speaking of the dentatus processusI have been confining myself during the whole examination to that exact part.
Q. Are there not other parts of the spinal marrow from the atlas don to the seventh vertebra, the injury of which might occasion death? A. I have said an injury to the spinal marrow may or may not produce instant deathit is not very likely it would produce instant death, if it was not at the place I have describedmany cases are on record where injuries haw been inflicted in that place, where paralysis of the lower parts hare taken place, and where instant death has not followed, where in fact they ban recoveredI have already said I believe all sorts of accidents may be fatalit depends on the state of the nervous system.
COURT. Q. What do you mean by all sorts of accidents? A. Affecting vital partsinjury lower down than the part alluded to, may produce death, as it may so strike the nervous system as that death may immedi-ately follow.
MR. PRICE. Q. Even though it should be with reference to that part which, with this particular spine, was still left on the trunk? A. I have said there was no injury to thatinjury might happen to that portion of spine left on the trunk, it by no means follows that death would ensue; but it might take place by its effect on the general nervous systempulsation ceases instantaneously after deathit is one of the three great links that connect life togetherdeath cannot be instantaneously detectedto constitute death there must be no pulsation; but that does not imply that you have discovered that death existsif I was Called to a dead body, I should not like to decide on that person being dead until I had examined other things than simply pulsation.
Q. But may not an ordinary person detect death as soon as it has taken place, and that by detecting the cessation of pulsation? A. Certainly not;
it would be no proofI should not myself be satisfied by that symptom aloneI should not be satisfied that the body was dead after the pulsation appeared to have ceased two or three minutes, nor in a week after, by simply examining the pulseI mean the pulse at the wristhow I should ascertain pulsation ceasing, would be to apply my ear to the region of the newtit would be there I should be able to detect the indication of the smallest pulsationit could not be ascertained by applying the hand to the heartis a medical man, I should advise no one to be satisfied by applying the hand to the heartI do not think it right to determine that death has taken place, without applying the ear to the heartI examined the trunk of the body on Thursday, the last week in December; I think the 29th; the day after it was foundI came to the conclusion that the parts had been cut away shortly after death, by the very great retraction of the muscles of the neckthe bloodless state of the body was one of the causes which led me to conclude that the mutilation had taken place shortly after deathby mutilation I mean the cutting of the neck and legsI believe nobody misI understands the phrasethat would not be applicable to amputationthat applies to a living subjectamputation is a thing done for the advantage of man; mutilation has an adverse significationbut I did not use it with that motiveif a surgeon were said to have mutilated a member, it would found reproachfully to men of sciencebut it has several signiflcationsit depends on the way in which it is used.
COURT. Q. It may be used in a good sense or bad? A. yes; it nay be used to explain a fact without reproach.
MR. PRICE. Q. If a patient's arm should be severed by a sabre, the phrase "mutilation" would then be proper? A. One man might sty it was mutilated, another that it was cut offmutilation' does not convey the idea of suffering pain to my mindI did not examine the internal part of the stomachI looked into itI opened itI did not cut into itI opened the orificethe stomach was removed from the bodyI simply looked into it, and ascertained that there was no injury done to the internal coatI found some undigested food in the stomachI think I smelt it, but I really forgetI think I didI have said it had a spirituous wellI was satisfied with a very cursory examinationI think I smelt it, and said, "There seems a little smell here, "I only satisfied myself of the existence of the undigested foodit was then closed up, and tent to Dr. Hunter LaneI did not remark of what spirit the stomach smeltI have seen, at different times, all the parts of this bodythe hands, for a female., were largeshe was nearly five feet eight inches highthat is a random guess, by comparing her with two other womenI find now she was about an inch and a half shorterI believe that is some-where about the middle height of womenI believe five feet four is about the middle height I should say she was a well-formed, perfect woman, externallya woman of strength, and capable of vigorous exertion, and, as far as I could judge, in perfect health and fine condition.
MR. BODKIN. Q. You have been asked about lividity and eechymosis; are they clearly distinguishable from each other? A. Clearlyusing the pharse lividity as the appearance of a dead body, and ecchymosis as what will sometimes exist in a bruise on a living bodyI am quite certain the appearance on the eye was the result of an injury inflicted during life and not the result of livor after deathI use the phrase livor as express-ing after deathI found the swelling in this case which I have spoken of as one of the symptoms of ecchymosisthere was a thickening of that
part, a puffiness of that part which presented the bruised appearance-that would certainly not follow any injury inflicted after death.
Q. If there had been any lodgment of blood from an injury to the back of the skull in this particular case, would that blood have been effused into the eye, so as to have caused ecchymosis? A. Certainly not; it is impossibleI have particularly specified there was no appearance on that part of the bone next the brain, and which is over the eyethere was no injury sustained to the brain on that part; but on looking through the very thin bone which covers the eye, there was a sort of dulness, which I considered coagulated blood, within the orbit of the eye; and a subsequent examination proved that opinion correct.
Q. Would that appearance in the orbit of the eye be one of the conse quences of a violent blow in the eye, as you have spoken of? A. Certainlythe spinal marrow is subject to disease, the same as all other parts of the human bodydisease may arise spontaneously, or be occasioned by some powerful effect on the nervous system, as a wholeI vever knew, heard, or read of a case in which sudden death was produced by in-ternal injury to the lower part of the spinal marrow, without some ex-ternal marks accompanying iton looking at the subject, on the whole there are two facts which immediately struck roein the first place, there was a very severe blow inflicted on the eye, during life; and that blow has a corresponding bruise on the back part of the headthere was on the dura mater a little serous fluid or blood existingthis group of facts is such as to lead me to say that such an injury might be mortal; but, certainly, if that had not been so, the cutting of the neck would have been neces-sarily mortalI allude to the whole group of factsfrom the external and internal examinationsI say, the blow in the eye, and the injury behind, the flowing of serous matter, these, together, form such, as would occasion death; but if not, the cutting of the neck would necessarily do it.
Q. Is that on the supposition that the injury at the back of the head was the consequence of the blow in front? A. It is certainlyI delivered the stomach to MR. GUY.
DR. JAMES HUNTER LANE . I am a Physician, residing in Euston-squareI also lecture on chemistry and forensic medicine. The stomach of the deceased was brought to me by Mr. Guy, a student of the schoolhe is in attendanceI proceeded to examine and analyze the contentson opening the stomach I found it to contain a quantity of mat, which I supposed to be either pork or beefit was preserved pork or beef, potatoes and pastry, also a quantity of fluid; the whole mixture having a spirituous smellthe stomach in its appearance was healthy; at one part there being a slight redness, which generally accompanies the process of healthy digestionwith regard to the attempt to distinguish what description of spirit it was, we could only come to the general conclusion of negative evidence, that it was not whiskey, and it was not rummy reason for coming to that conclusion is this, that on exposing whiskey or rum to the atmosphere, they still have their odour for some time; but with regard to gin, that is not applicable I put this circumstance to the test, whether by exposing those liquors to the at-mosphere they would leave any portion of smell behindboth whiskey and rum did, while gin did notit was but a small portion of spirit, in conse quence of the small amount of fluid contained in the stomachI should say it was certainly not sufficient to cause intoxicationI should conceive that the digestion was about half completed onlyI made no other observ
ation, except the question whether the individual could have died presenting those appearances, from drunkenness; and in consequence of the absence of all morbid appearances in the stomach I conclude she could notand there being no portion of poison in the stomach, in the absence of all de-struction of the stomach, or morbid appearance, we came to the conclusion she had not taken poisonas far as the stomach is concerned, I conceive death must have been sudden, and while the individual was in possession of cool health, as there was evidence of digestion still going on.
COURT. Q. Was there any appearance of tea in the stomach? A. There was no smell of tea, and there was no appearance of milk.
HENRY GUY . I am a student in medicine. I received the stomach of the deceased from Mr. Gird wood, and took it to Dr. Lane as I received it.
DR. LANE Cross-examined by MR. PRICE. Q. You have confined your-self to whiskey, rum, and gin? A. Those are the three experiments I made in reference to this particular caseI have not tried brandythere is a very considerable difference between the evaporation of spirits in the stomach and in the open airin making an observation of that sort, I must give my reasons for stating what I believe to be the nature of the differencein the stomach it will necessarily be considerably less than in the atmosphereits being mixed with tea will not make any difference in the delay or expedition of evaporationit will have the effect of destroying the odour of gin completelygreen tea, if used in considerable portions to gin, will completely cover the odourit will not have the same effect with rumit would cover the odour of gin in proportion to the quantityI have no means of knowing whether any of the spirituous matter bad been ejected from the stomachthe presumption is, and the direct evidence, that none had been vomitedthe stomach was not full, by any meansI cannot say what quantity had been digestedI cannot undertake to say the stomach had not been fullI believe it was about ten or twelve days after the 24th of December that I examined the contents of the stomachthat was long enough for the odour to have con siderably escaped, but not wholly to escapeI speak advisedly when I make that assertion.
(Mr. John Freeman, stone-merchant, Millbank-row, Westminster, deposed to the prisoner Gale's good character, from November, 1883, to January, 1834, when she was a wet-nurse in his family.)
GREENACRE GUILTY DEATH .Aged 42.
GALE GUILTY .Aged 35. Transported for Life.
LONDON AND MIDDLESEX LARCENIES.
OLD COURT.Monday, April 3rd, 1837.
First Jury, before Mr. Recorder,
Reference Number: t18370403-919
919. N. MAILLARD, N.F. EDWARDS , and JOHN KINGSTON , were indicted for a conspiracy; upon which no evidence was offered.
NOT GUILTY .
Reference Number: t18370403-920
920. JOHN RIXON, BRIDGET RIXON , and MARY ANN RIXON , were indicted for a misdemeanor.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution, ANN VICKERY . I live in Lower Sloane-street. The prisoners, John
and Bridget Rixon came and took my lodgingthe prisoner Bridget said, they had just come from the country, and could not give a reference; and she had a daughter coming from a different part of the country, who was married, and was coming to meet her husbandthey all three came into the lodging the same evening, Tuesday the 21st of FebruaryI did not then observe any thing particular about the daughter, but I did afterwards, and said to her, "You are very large in the family way"she said she hoped it would be over before her husband came homeshe laid in on the 25ththere was no preparation made for the childI never saw any linen, or any thingthe mother attended heron the following Monday, as I was going to market, the male prisoner told me the wet nurse was coming for the childI said, "I should like to see ithe asked how long I should be outI said half an hourI was not a quarter of an hour gonewhen I returned, I went into the kitchen, but I never saw the childI saw the prisoner Bridget go out with a cloak or shawl on, and when she returned, she said she had taken the child to the nurseI said I hoped she had got a good nurse for itshe said it was a very respectable woman, who had come from the country, that she had given it to her, and it was gone into the countryI afterwards wished them to leave the houseI spoke to the old gentleman about a suspicion I had of their intending to murder the child, and he said it was all false together, my foundation'was not goodWestborne-sireet is about three minutes' walk from my house.
WILLIAM BACHELOR . I am a medical man, and h've in Sloane-squre, On Friday evening, the 24th of February, the male prisoner came to my house to engage me to attend his daughter Mary Ann, in her confinement, and said it might be that eveningon the following morning I was fetched at nine o'clock, and saw the three prisonersthe child was born lste on the Saturday nightthere did not appear any linen, or any preparation for the child, and they made an excuse that she was confined earlier than was expectedin my judgment it was born in its natural timeI inquired who the father wasthe grandmother told me he was away in the country, mi he was going to travel into Germanyshe said she expected him that night or the next morningI called again on Sunday, and asked if the father had arrivedthe grandmother said he had been there and seen the infant, and he was gone outI went there again next day, and the younger prisoner seemed to be doing wellshe was crying very much, and seemed very much grieved about somethingI noticed it, and the grandmother said she could not suckle the infant, and that a medical man in Ireland bid told her she must not, as she had a liver complaintI said, it was all nonsense, she ought to suckle itthey then said the husband was going abroad, and she could not take it with heron Wednesday, between three and four o'clock, I went again and saw all the defendantsI asked to see the infantthe grandmother told me it was gone to Wandsworth, to an old servant of theirsI questioned them, and said I was going to Wandsworth, and if they would give me the name of the nurse and the place, I would call and see itthe grandmother said they did not know the name of tie person, nor the place, as it was a large placeI still pressed to see the child, and they promised it should be brought to my house in two daysI went again on Thursday, the 2nd of March, and repeated my desire an determination to see the childthe male prisoner was not at home thenthe grandmother said repeatedly, in the presence of the daughter, that should be brought to meI called again on Friday, and saw the mother
and daughter, and asked where the child wasthey said at Wands worthi again asked what partthey still gave me no answerI asked if Mr. Rixon when he came home would go with me to Wandsworththe reply fit, they did not think he knew where the child was; in fact, he could not go with meI said I considered it my duty to see the child, and they said I ihould see itI have since seen an infant at St. Margaret's work-house, Westminster, purporting to be the child in question, and from it general character, I think it is the same.
jury. Q. Did you receive any payment for your attendence? A. I did afterwards, but I believe they were in a very destitute statethe younger prisoner appeared quite under the control of her parents, and she seemed to hive been crying very much.
Cross-examined by MR. THOMPSON. Q. There was a large family? Yes, of young childrena sovereign was sent to me in a note.
COURT. Q. I suppose, in the weak state the younger prisoner was in the was more likely to be under the necessity of being under the control of others? A. Exactly so.
WILLIAM SMITHERS (police-constable B 12.) On Monday night the 27th of February at half-past ten o'clock, I was on duty in Park-street tod was called to Mr. Watson's house No. 6, where I found a basket con-taining an infantthere was some wadding and a letter in the basket, and some clothing on the infantI took it to St. Margaret's workhouse, Westminsterit was very wet and cold weatherthe basket was openit was on the steps of the houseI had passed the bouse not more than eight minutes before, and there was nothing there thenI understood a clergy-man found the younger prisoner instructing five or six children in the room.
SUSAN WEBB . I am nurse at St. Margaret's workhouse. I received this child on the 27th of February from Smithers, the policeman, and have had it ever since.
GEORGE THATCHER . I am a policeman. On the 6th of March I went to No. 10, Lower Sloane-street, and saw the prisoner BridgetI told her, in consequence of information I had received respecting an infant born in that house, I was obliged to make some inquiry, and I asked her if she was the person who had been confinedshe said, "No"I asked if any female in the house had been confinedshe said, "It was my daughterI asked to see hershe said she was very ill, and I could not see herI asked where the child wasshe said it was at nurse at WandsworthI asked where thereshe could not tell meI asked if the daughter could tell meshe said no, but Mr. Rixon could, and he would be in betweok eight and nine o'clock in the eveningshe said her daughter was so ill she could not suckle the child, and she was troubled with some complaintI returned again in half an hour, in consequence of further information, and found Bridget had left the houseI inquired for the daughter, and was shown to hershe was then up, and writing a letterI asked her where her infant wasshe said, "At nurse, at Wandsworth"I asked if she could tell me whereshe said she could notI asked if she was sure it was not at St. Margaret's workhouseshe said, "Is it?"I said, "It is nut for me to know whether it is, "because I could not speak to itI asked her by what name it was to be christenedshe said it was to he christened after its grandmamma, HenrietteI asked her if she was certain it was not to be Eleanor Somervilleshe began crying, and said, "is useless for me to deny it any longer, it is my child"I asked her
who placed it at the door in Park-streetshe refused to answerthis letter was afterwards shown to her at the station-house, and she said it was her writing.
Cross-examined. Q. When you asked her who placed the child at the door, did she positively refuse to tell you? A. She made no reply.
(The letter in question was here read, it requested that the child might be taken care of, and got into the hospital, and be baptized as Eleanor Somerville).
HENRY BUR FORD . I am a police-inspector. I went on the 6th of March to the house in Lower Sloane-street, and saw the younger prisonerI asked if the child found at Mr. Watson's door in Park-street, West-minster, was her'sshe said it wasI asked her who put it thereshe said, "I decline to say"I asked her where her father and mother wereshe said they were gone outI went away, desiring her to send her father and mother to me at the station-house, and in about an hour and a half they came, and both admitted the child was their daughter'sI asked them who put it at Mr. Watson's doorthey both said their pecu-niary difficulties had caused them to put it where it was placedthe younger prisoner admitted having written the letter which was found in the basketthey said they intended to plead guilty at the office; they should not deny the child being hersI asked the grandmother who put the child there, and she declined telling me.
JONES. I am servant at Mr. Watson's. The bell was rang, and I went to the doorthe basket was therewe were at prayers at the timeI thought it possible some person had left something there, and would come backI went and finished prayersI then came backthe basket was still thereI put my hand in, and the child criedI then called the policeman.
J. RIXON GUILTY
B. RIXON GUILTY Recommended to mercy. Judgment Respited.
M. A. RIXON NOT GUILTY .
Reference Number: t18370403-921
921. WILLIAM PARKER was indicted for stealing, on the 13th of February, 4 jackets, value 8s.; 1 pair of trowsers, value 1s. 6d.; and 1 waistcoat, value 6d.; the goods of Ann Smith: and that he had been before convicted of felony.
ANN SMITH . I am a widow, and live in Union-street, Middlesex Hospital. I deal in second-hand clothes. On Monday, the 13th of February, I missed these articles and some other things, which have not been found, from my store-room, at the back of my shop.
ROBERT REED . I am sixteen years old, and am in the service of Mr. Dallimore, of Great Titchfield-street, Oxford-street. On Monday, the 16th of February, I was passing the prosecutrix's shop, and saw the prisoner with two other boysthe prisoner was looking round the corner of the shopI saw him crawl in on his hands and knees, and then he came out with a bundle of clothes on his shoulderhe was crawling till he came to the doorhe then took them off his shoulder, and put them into his apronI followed them till I met a policeman, whom I told he had stolen some clothesthe prisoner and his companions ran away, but the policeman caught himI saw him throw away one jacket and one pair of trowsers, which I took to Mrs. Smith's.
Prisoner. He stated at Bow-street that I did not crawl on my hands
and knees, but that another one did, and that the other boy stole the things(the witness's deposition being read, agreed with his evidence.)
Prisoner. Q. You came up to me, and took the clothes out of my apron, and said I was to give you half of it? Witness. No, I did not.
WILLIAM FIELD (police-constable F 128.) Reed pointed the prisoner out to me, and I pursued himdirectly he saw me following him, he threw down these, and ran away.
Prisoners Defence. It was not me that took themit was another boy, who crawled in and took them.
JAMBS GARDNER (police-constable E 84.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's officeI was present at his trial, and know he is the boy(read).
GUILTY . Aged 14. Transported for Seven Years.
OLD COURT.Tuesday, April 4th, 1837.
Second Jury, before Mr. Recorder.
Reference Number: t18370403-922
922. HENRY SCROOP was indicted for stealing, on the 9th of March, I handkerchief, value 8s., the goods of Henry Leader, from his person.
HENRY LEADER. I am a merchant, and live in Great St. Helens, Bisbopsgate. In the afternoon of the 9th of March, I was in Lime-street, in company with Mr. Flood, and when I got to a passage leading to Lea-denhall-market, I felt something touch me behindI turned round quickly, and taw the prisoner walking away with my handkerchief in his handI walked quickly after himhe seeing me follow him, began to runI fol-lowed him into Lime-street, and when within a few paces of him, he threw down the handkerchief as quick as he could from himI took it up and called, "Stop thief"he turned down Cullum-street, and was caught just before he got into Fenchurch-streetI am certain of his person.
HENRY STOCK FLOOD . I was in company with Mr. Leader, and saw the prisoner drop the handkerchiefhe had his back to me, but I am sure he it the same person.
JAMES WALTER BREWER . I am an officer. I have the handkerchief.
(Property produced and sworn to.)
Prisoner. I know it was not me.
GUILTY . Aged 14. Transported for Seven Years.
Reference Number: t18370403-923
923. ROBERT ARMSTRONG was indicted for embezzlement.
THOMAS HALL . I live in Bishopsgate-without. The prisoner was in my employ to sell goods and receive money at the counterhe was to account to the cashierhe was so employed on the 6th of Februaryhe has never accounted for these sums.
ELIZABETH THOMAS . I live in Widegate-alley, Bishopsgate. About half-past eight o'clock on the evening of the 6th of February, I went to Mr. Hall's shop, and the prisoner served me with 4 1/2 yards of calico, which came to 1s. 10 1/2 d.I gave him a half-sovereign and one shilling's worth of copper, and he gave me the change.
CHARLES TRAFFORD . I am cashier to Mr. Hall. On the morning of the 6th of February I was sitting at my desk, and the prisoner borrowed 1s. of me to pay the postage of a letterhe gave me an I 0 U for itin the evening of that day I saw Mr. Smith collect the money I had in my deskI had put the I O U there, and had asked the prisoner to pay the
shillinghe said he had not any moneyabout a quarter of an hour after-wards he came to my desk, and brought me a shilling's worth of copper and half-a-sovereign, and told me to take 10 1/2 d. out of the half sovereign, and to take the shilling's worth of copper to pay his I 0 UI gave him the I O U, and the change out of the half-sovereign.
Cross-examined by MR. DOANE. Q. How came you to recollect this was the 6th of February? A. The circumstance of his paying me the shilling in copper makes me recollect the datemy attention was called to it on the 18th of Marchmore than a month afterwardsI have been six months in Mr. Hall's employI am quite sure I gave him the I O U backthe shilling I lent him was my master's.
OLIVE PACE . On Saturday morning, the 18th of March, I went to Mr. Hall's shopthe prisoner served me with some gloves, ribbon, and sew-ing-cotton, which came to 1s. 5d. altogetherI gave the prisoner half-a-crownhe left me, and brought me 1s. 1d. change, and I left the shop.
HENRY PATTISON SMITH . I saw the prisoner serve Pacehe brought me a half-crownI gave him two shillings and sixpence in copper for ithe did not give me any account of the goods he soldin the absence of Trafford the cashier, I was the person for him to account toin consequence of what I observed, I went after Mrs. Pace, and inquired into the transactionI told Mr. Hall when he came in.
Cross-examined. Q. Are you quite sure you gave him two shillings and sixpence in halfpence? A. Noit was one shilling, two sixpences, and six-pence in copperI did not observe that he put any money into the tillhe might have done it without my observing itit is usual to put sums under the amount of 3d. into the till, but above that, they should be accounted for to the cashier.
CHARLES TRAFFORD re-examined. He did not account to me for any part of the half-crown on the 18th of March.
MR. HALL re-examined. He has been about eight months in my em-ployTrafford is my regular cashierI have a number of shopmen, but they do not officiate at the deskanother boy takes it in turn with Traf-ford, when he is at his meals, sometimes, but it is Smith's duty to seethe desk attended tothe other boy was not at the desk that daythe till was examined immediately this was discovered, by Mr. Smith and Mr. Hall, who had the key of the till in my absencethe cashier's book is al-ways balanced at eight o'clock every evening.
JURY. Q. Did you never have silver put into the till? A. New, and I found none there.
(The prisoner received a good character.)
GUILTY . Aged 22.Recommended to mercy. Confined One Month.
Reference Number: t18370403-924
924. THOMAS JOHNSON was indicted for stealing, on the 31st of March, 11 shirts, value 1l. 8s., the goods of William Stephen Dew and another.
WILLIAM ADAMS . I am shopman to William Stephen Dew and ano-ther, hosiers in Cheapside. In the afternoon of the 31st of March I saw the prisoner come to the door, take up a bundle of shirts which were exposed there for sale, place them under his arm, and walk off with themI fol-lowed and stopped him with the property about five doors offthe things were full three feet from the pavement.
JOHN BROWN (City police-constable No. 48.) I saw Adams secure the prisoner, and took charge of him.
GUILTY . Aged 28. Transported for Seven Years.
Reference Number: t18370403-925
925. JOSEPH COPPIN was indicted for stealing, on the 28th of March, 1 handkerchief, value 2s., the goods of Thomas Cave, from his person.
THOMAS CAVE . I am a cut glass manufacturer, in Falcon-square. On the evening of the 28th of March I was passing down Newgate-street, and felt somebody pulling at my pocketI turned round and put my hand on the prisoner's collarhe was close to me, and shuffling my handkerchief from his left hand to his righthe threw it downI took it up, and gate him in charge of an officer.
EDWARD SWANSON TUCK . I am a watchman of Farringdon Within. I receired the prisoner into ray custody with the handkerchief.
Prisoner. I did not have the handkerchief.
MR. CAVE. There was nobody else within twelve yards of mehe was close on me.
GUILTY . Aged 15. Transported for Seven Years.
Reference Number: t18370403-926
926. MARY BECK was indicted for stealing, on the 1st of March, I handkerchief, value 3s., the goods of Henry George Watkins, clerk.2nd COUNT, stating it to be the goods of Elizabeth Sygrave.
ELIZABETH SYGRAVE . I am a laundress, and live at Potter's Bar, South Mimms. On the afternoon of Wednesday, the 1st of March, I heard a female at my door ask me if I wanted any matchesI was in my back room, and answered that I did notI had a quantity of linen on an ironing board in the front roomI heard the front room door opened and shutI went into the room and found a silk handkerchief gone from the ironing boardI immediately went out and made inquiry, and the witness gave me informationI went to Barnet and found the handkerchief at Thimbleby's, on the 7th of Marchit belongs to the Rev. Henry George Watkins.
HENRY WRENCH . I am a shoemaker, and live at Potter's Bar. On the 1st of March, between two and three o'clock, I saw the prisoner go out of Mrs. Sygrave's door and go awayI did not see her with any matches.
JOHN THIMBLEBY . I live at Chipping Barnet. On the 4th of March the prisoner came to my shop and produced a handkerchief, the requested half-a-crown on it, saying it was for Mr. Chinks, a chimney sweep at Barnet, who I knew; and she said that when he had sold bis soot he would come and fetch it outI advanced her 2s. on itI knew a handkerchief had been stolen, but could not see the initials on itI afterwards saw Chinks, and gave information to the constable.
THOMAS AUSTIN . I am a patrol at Barnet. I apprehended the prisonershe owned to having stolen the handkerchief, and the man she lived with I found the duplicate onI do not know his nameI have seen the pri-soner several times, selling matches about.
(Property produced and sworn to.)
GUILTY . Aged 22. Confined Three Months.
Reference Number: t18370403-927
927. JAMES GEORGE was indicted for embezzlement.
GEORGE BATTERSBY . I keep the Prince of Wales public-house, Turn-ham-green. The prisoner was my waiter and pot-boy, and left on the 21st of February, without giving me any noticeon that morning I was packing up some wine to send out, and he said, "Oh, I want two bottles of Masdeu, and change for a £5 note, for Mr. Holgate, of Acton-green"I left the change for him with my cousin, Ann Battersby, and the wineI never saw
him afterwards till he was apprehendedI afterwards saw Mr. Holgatethe prisoner was occasionally employed by me to receive moneyI had not desired him to receive any from Mr. Holgate.
ANN BATTERSBY . I am the prosecutor's cousin, and am his housekeeper. On the 21st of February I let the prisoner have two bottles of wine and change for a£5 note.
GEORGE ROLAND HOLGATE . I live at Acton-green, and am a clerk in a public-office. I did not give the prisoner orders for any wine, nor change for a£5 noteI owed the prosecutor 10s. for beer.
HARRIET HOLOATE . I am the wife of last witness. On Monday, the 20th of February, the prisoner came to our house with some beerwe owed the prosecutor 10s.we sometimes paid him weekly, and sometimes in about ten daysI paid him 10s. in silver on the 20th of February, on his master's accounthe never brought me any wine nor change for a £5 note.
WILLIAM COWLE (police-constable T 105). I apprehended the prisoner at the Crown, at Kensington, on the 15th of March.
GUILTY . Aged 19.
Reference Number: t18370403-928
928. JAMES GEORGE was again indicted for stealing, on the 21st of February, 3 pints of wine, value 5s.; 2 bottles, value 4d.; 2 sovereign, 2 half-sovereigns, 4 half-crowns, 20 shillings, and 20 sixpences; the goods and monies of George Battersby, his master.
GEORGE BATTERSBY . On the 21st of February the prisoner said to me, "I want two bottles of Masdeu for Mr. Holgate, and change for a£5 note"I left the money and wine with my cousin for him.
ANN BATTERSBY . I gave the prisoner two sovereigns, two half-sovereigns, and 2l. in silverhe never returned.
GEORGE ROLAND HOLGATE . I never authorized the prisoner to get me change for a£5 notehe never brought it meI saw nothing of him.
HARRIETT HOLGATE . He did not bring me any change; I never autho-rized him to get it.
GUILTY . Aged 19. Transported for Seven Years.
Reference Number: t18370403-929
929. JOHN EVANS was indicted for stealing 10s., the monies of George Richard Chatterton, his master; to which he pleaded
GUILTY . Aged 14. Confined Three Months.
Reference Number: t18370403-930
930. FREDERICK BLACKETT and JAMES COOK were indicted for stealing, on the 26th of February, 2591bs. weight of lead, value 2l. 4s., of and belonging to John Gladding, then being fixed to a building, against the Statute, &c.
ROBERT M'GOVERN (police-constable H 53). On Sunday morning, the 26th of February, I was on duty in Weatherhead-gardens, Virginiarow, Bethnal-green, about half-past three o'clock, and saw the two prisoners carrying leadthey were walking, and on seeing me they ran as hard as the lead would let themI heard one say to the other, "The privy"they ran into a privy, and I caught Blackett as he came out, and asked what he had got therehe said, "Nothing"I said, "You must have something, or you would not be in such a hurry"I took him to the privy-door, and the other came outthey both asked me to let them go, as it would ruin themI refused, and sprang my rattleCook ran awayI brought Blackett into the privy, and found the two pieces of lead on the scat, which I had seen them carrytwo officers came to my assistance,
and we took Blocked to the station-bouse with the leadhe gave his address, "No. 16, Virginia-row, "but we found nobody lived therewe made inquiry, and found he lived at No. 6we went there, and at the back of the house four more pieces of lead were found, and I found Cook in bed in the same househe said he hoped I would not appear against himI found on him a clasp knife, a knife blade, and a pair of ear-ringsI afterwards found two other pieces of lead near a chapel in Virginia-row; I found the tiles taken off the adjoining house, which was the empty house; a passage was made to the leads on the chapel roof; and on the roof of the chapel, in the gutters, I found lead taken offI compared it with the roof, and am satisfied it came off that chapelit fitted even to the marks where it was cutI am certain Cook is the one who ran awayI had my light, and it was moonlightI swear positively he is the man.
Blackett. Q. You did not see me with any lead? A. I didYou both had lead.
Cook. I was at home in bedI went home at twelve o'clock, and was never up afterwards. Witness. I am sure he is the manI turned my light on his face, and saw himI marked the white buttons on his jacket and waistcoatthe back of the knife found on him was hammered, as if it had been used with lead.
DAVID EVANS (police-constable H 118.) I heard the rattle spring, and found Blackett in M'Govern's custodyI found two pieces of lead in a privy close byI afterwards went to Virginia-row, and found Cook in bed, and four pieces of lead were found in the yardall the lead was applied to the roof of the chapel, and it covered the places which had been previously stripped.
TIMOTHY TOOMEY (police-constable H 22.) I went to the privy, and saw two rolls of lead in an apron, which Blackett claimedI afterwards went to No. 6, Virginia-row, and found four pieces of lead in the back yardI saw the lead applied, and it corresponded.
JOHN GLADDING . I am a chandler. I have a nineteen years' lease of the chapel in question, and am bound to keep it in repairI used to keep a chandler's shop in it, but have made a chapel of it sinceMr. Henry Eltham is the ministerI have seen the lead in the officer's possessionit is worth about 30s. as old lead.
JOSEPH BROADRIBB . On Saturday, the 25th of February, about five o'clock, I was on the roof of the chapelthe lead was quite safe then.
Blackett's Defence. I went out about three o'clock on the 26th of February into Weatherhead-gardens, and went into the privy to ease myselfI saw a strange man there with the leadthe policeman came and col-lared me, and took mewhen I went out at twelve o'clock I left Cook in bed, and he was in bed at the time I went out at half-past three o'clockI was not carrying any lead.
Cook's Defence. If I had known the lead was in the yard, there was plenty of time for me to have put it awaythe yard was open to anybodyit is almost a thoroughfare.
ROBERT M'GOVERN re-examined. I am certain they were both carrying leadI found Cook in bed about an hour afterwards, with two young men, who I believe to be Blackett's brothersI desired them to let me see their fecesthey got up, but Cook kept his face covered upI told him to let me see his face, but he would not, and I was obliged to pull the clothes off his face.
Cook. When he came up stairs I was asleephe said, "I think you
are the one who was with Blackett."Witness. I said, "You are the person"we were going to take him to the station-housethe house is about a hundred yards from the chapel.
(The prisoners received good characters).
BLACKETT GUILTY . Aged 20.
COOK GUILTY. Aged 20.
Confined Six Months.
Reference Number: t18370403-931
931. ELLEN BARRETT was indicted for stealing, on the 30th of March, 1 shawl, value 1s. 6d., the goods of Joseph Parker.
JOSEPH PARKER . I am a pawnbroker, and live in New Gravel-lane, Shadwell. On the night of the 30th of March the prisoner came to my shop, and offered an apron in pledgeI was attending to another customer, and missed a shawl off a rod at the back part of the shopI looked at the prisoner, and suspecting she had got it, I said I thought she had some of my property about hershe made no answerI observed part of the shawl hanging down from her personI put my hand to her waist, and drew my shawl from under her own, and gave her into custodythis is it.
Prisoner. I picked it up in the shop. Witness. It was pinned to a rod.
TIMOTHY CASEY . I am a policeman. As I took the prisoner to the station I asked how she came to take itshe said she did do it, and that no help for it, for she was in want.
Prisoner. I did it through distress.
GUILTY . Aged 17. Confined One Month.
Reference Number: t18370403-932
932. WILLIAM HALL was indicted for stealing, on the 7th of was March, 1 coat, value 4l. 10s.; 1 waistcoat, value 15s.; and 1 pair of trowsers, value 30s.; the goods of William Lionel Lampet.
JAMES HUCKLESBY (police-constable. G 133). On the morning of the 7th of March I was in Old-street, and saw the prisoner there, offering to sell a suit of clothes to a Jew, who was looking at themI heard the prisoner say, "You may have them for 12s."the Jew said, "No; I will give you 10s."I went upthe Jew turned his head and saw me, and said, "I shall not buy them; they don't suit me; they are not yours"I went up to the prisoner, and asked him what he had got therehe said, a suit of clothesI asked where he got themhe said he bought them in New-street, BirminghamI asked the name of the personhe said he did not knowhe said he gave 3l. 10s. for them, and had had them about five monthsI took him to the stationthey are new clothes, and very good.
Cross-examined by MR. DOANE. Q. Was not the name of George Lake mentioned? A. The prisoner mentioned his name to the MagistrateI was present at the examination, and saw him put his mark to the statementthis is it(read)"The prisoner says: The things were got out by George Lake, and he gave them to me to sell."
WILLIAM LIONEL LAMPET . I live at Leamington. These clothes are mineI directed them to be sent to me from Leamington to Hampstead, in a trunk, by Whitehouse's conveyancethe trunk arrived without the clothes, and a particular trunk which I directed to be sentMr. Panther came to me on Saturday, the 11th of MarchI believe the coat to be minethe waistcoat I am certain ofthey are worth 6l. 15s. altogether.
Cross-examined. Q. You are not positive about the coat? A. No; never having worn itI had such a coat, and it fits meit is the same colour, and the lining and every thing is the sameI believe I saw it the day before I left town, which was about a week before.
JAMES PANTHER . I am clerk to Whitehouse and Sons, who have a wharf in City-road basinthey are carriers from Birmingham and Leamington. The prisoner was in their employ on the 7th of March, as boatman to the Dudley Castle, which arrived in town on Monday night, the 6th of Marchin consequence of what I heard, I went to Clerkenwell prison, on Friday, and saw the prisoner thereI have an entry of a box from Leamington, for W. H. Lampet, Esq., Londonwe received a box with that direction, and it was delivered to the gentlemanit weighed 1 qr. 141bs.I weighed it at Hampstead, without the clothes, and it weighed 391be.; 3lbs. short.
Cross-examined. Q. Where was the prisoner on the 6th? A. Coming from the country to Londonabout forty miles from town, I believeit would not be his duty to be further from London than thaton the Tuesday when the boat went out, he was absenthe had arrived with the boatthere was a person named Lake with the boathe is not hereI heard the prisoner say George Lake took the clothes out, and gave them to him, and hat was all he knew about it.
COURT. Q. Did the box appear to have been broken open? A. The trunk and the lock were very oldthe prisoner gave me the key of his closet, and there I found a shirt which Mr. Lampet claimed.
MR. LAMPET re-examined. The bolt of the lock had been pushed backthere were other clothes missing besides these two shirts and two handkerchiefs; after the deposition bad been taken, I said I bad lost two shirts, and the prisoner said, "You will find one of them in my closet."
GUILTY . Aged 21. Confined Six Months.
Reference Number: t18370403-933
933. WILLIAM EDWARDS, JAMES MARSDEN , and THOMAS PUZEY were indicted for stealing, on the 4th of March, 112lbs. Weight of hay, value 5s.; the goods of Thomas Grissell and another, the masters of the said William Edwards and James Marsden.
MR. DOANE conducted the prosecution.
GEORGE BAXTER . I am horsekeeper to Mr. Thomas Grissell and Mr. Peto, who have works going on at the Birmingham railway. They rent part of a barn at Hillingdon, and Mr. Whitney rents the other parta quantity of hay was bought of Rose, and placed in that barn for the prosecutorson the 4th of March, I wrote an order on the prisoner Puzey for some cloverhe is a jockey man, or bay haggler, and keeps a Tom and Jerry shophe buys hay and sells ithe is not a farmer to my knowledgethe other prisoners were employed as chaff cutters by the prosecutorsin consequence of information I received, I accompanied Haynes, the constable, to a shed near Puzey's, on the evening of the 4th of March, and found two trusses of clover hay in the shedI had seen it before, and believe it to belong to Messrs. Grissell and PetoI had seen a quantity of it delivered into the barn on the 27th of February, from Rose.
Cross-examined by MR. PHILLIPS. Q. What are you? A. I have been brought up a farmer, I now look after the horses and harnessI have not brought any hay from the barnPuzey said the hay found on his premises was his own, and he had bought it of Mr. Slark, I believehe said it was not my master's hayI have a truss of the hay at home, but the constable told me it was not requiredI went with Haynes to Puzey's, but did not go in doorsit was an open shed where the hay was foundthere was no lock or any thing to ithis son said at first that it was their own hay,
and he had bought it of Slark, and then the father said sohe told us where Slark lived, but we did not go to him.
MR. DOANE. Q. He did not mention Rose as the person he bought it of? A. No.
THOMAS HUMPHRIES . I am servant to Mr. Whitney, who occupies part of the barn in question. On the 4th of March I went to the ban to feed the oxen, and saw the prisoners, Edwards and Marsden, taking the clover down which Puzey had broughtPuzey was in his cart, and a boy was tying a rope up behind the cartbefore they had unloaded the cart there were six trusses left on, and Edwards or Marsden put a truss of hay into the body of the cartit was brought out of the barnI saw then both there, and saw one of them put it upthey were both present, and Puzey trod it into the body of the cartthey then gave him another trush up, and he put it down into the cartthey then unloaded all the clover, and a boy drove off with the two trusses of hayPuzey remained at the barn as much as ten minutesI thought it not all right, and gave information to Mr. Whitney, my master.
Cross-examined by MR. PHILLIPS. Q. What time of day was it? A. New upon one o'clockit was clover hay that he brought in his cart.
COURT. Q. Was what he brought and what he took away alike? A. Nowhat he brought was very dark, what he took away was very light.
Cross-Examined by MR. CLARKSON. Q. Does this barn join any other building? A. Noit stands by itselfthere were no farming men of Meseis. Grissell's and Peto's therethere was a man of ours in the same barn, but he was separated from them by some strawthere is no partition in the barn, but our man could not see what they were doing, as he was threshingMr. Whitney was gone to shoot a load of dirtthe prisoners were apprehended on the Monday, two days afterwardsI gave information to Mr. Whitney ten minutes after I saw itthey remained at work all day after I had toldI have worked for Mr. Whitney ever since MichaelmasI do not know how long we have had the barnI only went to feed the oxenthere was no other cart there at the timeI was not there above five minutesI did not speak to themmaster was about 300 yards off, and I met him coming when I went to himthere were not two carts there then.
JAMES HAYNES . I am a constable of Drayton. I went, in pursuance of a warrant, to Puzey's house, on the 4th of March, a little after nine o'clock in the eveningI found two trusses of hay in the shed, which I took home to my houseBaxter was with meMr. Rose saw it afterwards it has since been stolen out of the chamber window, and this little quantity remained behind.
GEORGE BAXTER re-examined. This is not at all like the hay puzey leftit has not the least resemblance to it in colour or qualityit is not of the same growthit is the same quality as Rose sold usI was on the premises that day, but did not see Puzey there.
LEWIS ROSE . I am a former. On the 27th of February I delivered the prosecutors three wagon loads of hayI saw two trasses in the constable's possession on the 15th of March, and my opinion is that it was some of my hayit corresponded in quality and appearunce with what I sold to the prosecutors on the 27thit was the same growth and out of the same rickI had sold some to other people, but not lately.
JAMES HAYNES re-examined. Puzey was taken on Saturday evening, the 4th of March. I went to look for the hay that evening, about a
quator after nine o'clockhe was liberated that evening, and appeared again on the Mondayhe was at liberty all Sundaythe hay was lost from the workhouse on Thursday night or Friday morningI found it littered all the way from the window, about 200 yards, to a riverI took some out of the riverthere was a bed and bedstead in the room it was titles from, but that was not taken.
Evidence for the Defence.
JOHN PUZEY . I am the prisoner's son. I was precent when the two trusses of hay were taken away from my father's premisesMr. Slark sold that hay to meI told them so at the time, and so did my fathermy father bays and sells hayI did not tell them where Slark lived, but that I bought it of him at Farnham.
MR. DOANE. Q. When was it Mr. Slark sold you the hay? A. I cannot say, but it was the same day as Uxbridge fair, because I came from the fair at the timeit was just the beginning of winter, about four months agoit was more than a month before Christmas, but I fetched some of it my after ChristmasClark was present when I bought it at the farm.
COURT. Q. Look at that small portion of hayhave you ever seen any like that before? A. YesI have seen some at Mr. Slark's like it, and I have seen a deal like itI saw some coming along this morning, like it.
MR. PHILLIPS. Q. I believe you and your father, at different times, bought a deal of hay of Slark? A. YesI used to buy on my father's account.
HOWELL SLARK . I am a farmer, and live at Farnham Royal, near Windsor. I have known the prisoner Puzey and his son about three years, ad have sold them a great deal of haythe last hay he had of me was other on the 8th or 9th of Januaryhe bought part of two ricks, and that was the last he took awayI do not recollect when I sold it, but they have been in the habit of having it all the winterthey took it away an they liked.
COURT. Q. Can you form any judgment whether this is part of it? A. It is impossible to saythere is clover and bents in this, the same as there was in mineI grew the hay, but it is impossible to swear to itthis is the same herbage, and one rick was a good deal the colour of itthere it no doubt a great quantity of that hay all over the kingdomI could not swear to a truss after its leaving my place.
WILLIAM SWAN . I have been in Puzey's employ fourteen yearshe always bore a good character. On the 4th of March I saw the boy return with the cart from Puzey'sthere was no hay whatever in itI saw the trusses at Uxbridge, and told the Magistrate I could not swear to itthe hay that was taken from master's premises had been there about two monthsI took the rope and cloth out of the cart when it returnedthere was nothing else in it but some loose bits of hay.
MR. DOANE. Q. Do you remember your master selling some hay to the prosecutors? A. Yeshe took some there on the 4th of MarchI put the hay up to him in the cartit was taken from his general stock of hayit was all of a similar qualityit was dark hay that he took to the Prosecutor'sit was mixedthere was some dark and some lightsome of it was a little burnt.
COURT. Q. Was it any portion of the hay, two trusses of which were afterwards removed? A. I cannot say.
MR. DOANE. Q. Did you see the cart coming along the road? A. I
was at home when the cart came home, in doors at dinner, and I came out when they were taking the horse out.
MR. PHILLIPS. Q. Did you hear the cart come to the door? A. I saw the horse come by the window, as I sat at dinnerthere was nobody that could take any trusses outthe boy was not big enough to lift ithe is between eight and nine years oldI saw him come home with the cartI went out to him immediatelyhe could not have taken a trust out without my seeing him.
JOSEPH BRANCH . I am a brick-maker. On the 4th of March I was in the brick field, near the barn, and about five minutes before one o'clock, I saw Puzey come into the yard with the carta little boy was driving itthe cart passed by methere was no hay in itI must have seen if there had been anyI remember the day, for the wind blew very rough, and knocked the barn-door against Puzey, and nearly knocked him down.
MR. DOANE. Q. Were you near the prosecutor's barn door? A. I was within twenty-five or thirty yardsPuzey got into the yard about the time the cart camehe put the hay out of the cartI saw him unload his load, and I saw the cart go awayI could not see the floor of the cart, but I could see there was no hay in ithe threw the cloth up empty, after the cart had been unloadedI am sure there was no hay in it then.
COURT. Q. How far is Pnzey's from the barn? A. About half or three quarters of a mileit is a high road all the way.
COURT to G. BAXTER. Q. You say the two trusses of hay you saw at Puzey's were in an open shed? A. Yesthere was more hay there, but not of the same qualitythere was none but these twothere was a cart drawn up, one laid by the cart wheel, and the other on the top of itI could judge of the haythere is a great portion of sow thistles in thiswhere it is a misplant in the clover sow thistles come up in the place of it.
MR. SLARK re-examined. There were some sow thistles in my hay, and there is on all deep landsit is considered a proof of good ground.
NOT GUILTY .
Reference Number: t18370403-934
934. RICHARD SIMMS , JUN., was indicted for stealing, on the 20th of February, 1 watch, value 15s., and 1 watch-chain, value 6l., the goods of Richard Simms, the elder.
JOHEPH STONE (police-constable G 212.) On the 20th of February, about five o'clock in the evening, I was in Whitecross-street, and saw the prisoner go a few paces down the street, and look very stedfastly at meI followed him, and saw him go into a marine store shop, and present a watch to a woman there, and ask her 4s. for itshe asked where he got ithe said he found it in Shepherdess-fieldsI took him into custodyhe began to cry, and said it belonged to his father, Mr. Edwards of Browslow-street, HolbornI went to Brownlow-street, Drury-lane, afterwards and found his father.
RICHARD SIMMS . I am a gold-beater, and lived in Brownlow-street at the time in questionthe prisoner is my sonI left him to mind his little brother, on Monday, the 20th of Februarymy watch was quite safe at two o'clockI returned home at four o'clock, and found the lock of the door broken, and the watch gone, and the prisoner had run awayhe had been locked in the roomthis is my watch.
GUILTY .* Aged 10. Transported for Seven Years.
NEW COURT. Tuesday, April 4th, 1837.
Fifth Jury, before Mr. Common Sergeant.
Reference Number: t18370403-935
935. JOHN SMITH was indicted for stealing, on the 20th of March, 1 waistcoat, value 1s. 6d.; 1 hat, value 2s.; and 1 stock, value 6d.; the goods of John Brettargh: and that he had been before covioted of felony; to which he pleaded
GUILTY . Aged 31. Transported for Seven Years.
Reference Number: t18370403-936
936. MARY HAYES was indicted for stealing sundry articles of wearing apparel, value 20s., the goods of Hannah Roach, to which she pleaded
GUILTY . Aged 19. Transported for Seven Years.
Reference Number: t18370403-937
937. JOHN JACKSON was indicted for stealing, on the 29th of March, 42lbs. weight of lead, value 10s.; the goods of Alexander Macintosh, and fixed to a certain building; against the Statute, &c.
ALEXANDER MACINTOSH . I live in Great New-street, and am a printer. I tare three houses there that communicate, Nos. 19, 20, and 21this lead belonged to No. 20I saw it safe last Monday and Tuesdayon Wednesday morning my warehouseman gave me informationI went, and found the lead had been carried away.
BENJAMIN EASON . I am watchman of St. Bride's. On Wednesday morning, the 29th of March, about a quarter to four o'clock, I heard something fall, which induced me to go a little way, and I saw the prisoner coming forward with something bulky about hit personI said, "What have you got?"he said, "Nothing"I said, "I must take you down to the watch-house"in going along he dropped one of these pieces of lead, and said, "For God's sake don't take me, I have a Wife and family"he was about four doors from the house No. 20.
SAMUEL HUTCHINGS . I live in Norwich-court, Fetter-lane, and a plumber. I put down this lead on that houseI have compared itthis is part of it, I am positiveit fits to the place exactly, and there is a corner that I broke in dressing itit matched In every nail-hole, and in every sheet of leadwhen it is cast there is a numberI cut off part of the number in one sheet, and this corresponds with it.
Prisoner. I was going to work at Lewisham. I saw a man lay something down in a suspicious kind of wayI took it it up, and was going to take it homeI live by New-streetI told the watchman so when he stopped me.
GUILTY . Aged 47. Confined Six Months; Three Weeks Solitary.
Reference Number: t18370403-938
938. WILLIAM JEFFERSON was indicted for embezzlement.
THOMAS WILSON . I live in Cheapside, and am a stationer. The prisoner was in my service on the 14th of July, on the 14th of November, and on the 16th of Novemberit was his duty to receive money on my account, and to account for it the same day to the clerk, who is not herehis name is Richard Thomas.
HENRY CARTER . I live in Oxford-street, and am a woollen-draper. On the 6th of November I paid the prisoner 9s. for Mr. Wilson, of CheapsideI have the receipt for it.
ROBERT LAXTON . I am in the employ of a liuen-draper, in Broadway, Westminster. On the 14th of July I paid the prisoner 2l. 14s.
WAETER MICHAUX . I live in Constitution-row, Grays'-inn-read. I paid the prisoner 3l. a few days after the 10th of NovemberI have the receipt.
NOT GUILTY
Reference Number: t18370403-939
939. JAMES BURNHAM was indicted for stealing, on the 27th of March, 1 handkerchief, value 1s., the goods of Stephen Taylor, from his person.
STEPHEN TAYLOR . I live in Blackman-street, Borough. On the 27th of March, about half-past ten o'clock in the morning, I was going over London-bridgea lad struck my little boy who I had in my handI went from London-bridge into Thames-street, to look for a policeman, and just opposite Fish-street-hill I saw the beadleI was speaking to him, and felt something at my pocketI turned, and saw the prisoner take his hand from my pocket with a handkerchief in itI caught him by the right arm, and he dropped it from his left hand, and ran awaya gentleman caught himhe was not out of my sightthis is the handkerchiefthere is a hole in itit was not out of my sight.
JOHN DODSWORTH . I was going by, and saw the prisoner drop the handkerchief out of his hand across my feethe ran offI did not stir till Mr. Taylor took it up.
Prisoner. Another young man took it out of his pocket, and threw it across ray arm, and I threw it offhe ran away directly.
STEPHEN TAYLOR . He had it in his hand, he was not a yard from meI caught his right arm, and he threw it down with his left handhe ran away from me.
GUILTY .* Aged 18. Transported for Seven Years.
Reference Number: t18370403-940
940. JOHN DYKES was indicted for stealing, on the 19th of March, 1 watch, value 13l. 13s.; 1 watch-ribbon, value 1d.; and 1 watch-key, value 3d.; the goods of George Morton.
GEORGE MORTON . I reside in Commercial-road, and am master of the brig, Don. On Saturday, the 19th of March, I was at the Brunswick Tavern, Black wall, from ten till half-past eleven o'clockI did not see the prisonerI saw my watch safe at half-past eleven o'clock, when I leftI was sober then, but when I got into the air I got drunkI was retailing home, and how I lost my watch I cannot tellI grew insensiblewhen I awoke I found myself, I think, in Poplar watchhouse(looking at the watch)I have no marks upon it, but I know it altogetherthe ribbon is not the sameit has been taken offthere was not this crack in the glassthe maker's name is M'Lachlanit had a brown face, like thisI can swear to it.
HUGH M'LACHLAN . I live in Upper East-Smithfield, and am a watch and chronometer maker. I put a new inside to this watch, for Captain MortonI know it is his watchthe prisoner came to me about ten o'clock in the morning, on the 19th of March, and asked me to buy this watchhe said, "It cost me a good deal of money, I bought it two years ago, in the City; I was mate of a ship then"I then opened it, and perceived my own name inside itafter looking at it a little attentively, I recollected whose it wasI said "I suspect you stole this, I must detain it, and you too"he went outI went and spoke to a policemanhe ran off, and I sent my son after himI asked his addresshe told me "No. 4, Cannon-street, Poplar, and that his name was John Dykes"I did not go therethe policeman took him afterwards.
ANDREW CURRY (police-constable H 169.) I was on duty, and saw the
prisoner running, and heard the cry of "Stop thief" after himhe was pointing his finger, and singing out "Stop thief" himselfI looked sound, and as I could see no one but him, I said, "I shall nab the ringleader"
Prisoner. I did not steal it; a sailor gave it me to sell for him on Tower hill.
GUILTY . Aged 55. Confined Six Months.
Reference Number: t18370403-941
941. THOMAS ORMSBY BREARTON was indicted for stealing, on the 27th of March, 1 spoon, value 15s., the goods of Robert Nelson; to which he pleaded
GUILTY . Recommended to mercy. Confined Nine Days.
Reference Number: t18370403-942
942. SOPHIA BAKER was indicted for stealing, on the 20th of March, 4 lbs. weight of soap, value 2s.; and 1/2 lb. weight of sugar, value 4d.; the goods of Ann Isabella Noel Byron, her mistress.
THOMAS PETTIT . I am butler to Lady Ann Isabella Noel Byron. The prisoner was her housemaidon the 14th of March I had information that the bad a quantity of soap concealed in her boxI wrote to Lady Byron, and had directions to examine her boxI believe the box was hersshe first owned it, and then said it was not hersI found a quantity of soapthe policeman has it hereit is the sort of soap that is usually given out by the housekeeper for the use of the town-houseI have reason to believe that it is Lady Byron's soap, but I cannot swear to it.
Cross-examined by MR. PAYNE. Q. Does Lady Byron live in this house? A. The greater part of the year she is awayMrs. Looket is the housekeepershe is not hereit was her custom to give out soap to be distributed in the house.
COURT. Q. Where is the soap kept?A. In the housekeeper's cloththe housekeeper was not in the house at that timeshe generally gives out small quantities when she is at home.
JOHN PASCOR (police-serjeant T 19.) About six o'clock in the evening, of the 20th of March, I went to Lady Byron's house with the prisoner, to search her boxesI asked which were hersshe pointed ont twoI searched in one, and found the 1/2 lb. of sugarin the other I found nothingthere was another box close byI asked if it was hersshe said no, it belonged to the kitchenmaidI was rather suspicious that it was, here, and while I was searching it, she said it was hersin that box. I found the soap producedshe began to cry very much, and begged the butler to forgive her, she said the had taken some part of it, which she had given to the washerwoman to wash her clothes, and the other part was given to her for the house.
NOT GUILTY .
Reference Number: t18370403-943
943. JOHN EDMUNDS was indicted for stealing, on the 22nd of February, 2 pairs of shoes, value 2s. 6d., the goods of Maria Cohen, his mistress.
MARIA COHEN . I live in Bishopagate-street, and am single. The pri-soner was in my employ about seventeen monthsI lost these shoes on the 22nd of FebruaryI had not sold themone pair has my mark on themthe other has my sister'sI charged the prisoner with taking themhe begged for mercy, and acknowledged having taken themI have lost 40l. worth.
JANE COHEN . I am assistant to my sisterwe lost a good deal of propertyI watched, and saw one pair of shoes in the prisoner's hat on the 22nd of FebruaryI told my sister to send the prisoner on an errandhe
left the hat and shoes under the windowI went to the hat, and found this pair of shoes covered over with an handkerchiefthe officer found the other pair.
ROBERT DICK . I am the officer. I searched the prisonerI then went to his apartment, No. 46, Chick sand-streetI turned up the bed, and found between the sacking and the bed this pair of shoeshe told me he lived there.
Prisoner. I was in very great distressmy wife was very ill, and my wages were very low.
(John Butler, of Fleet-street-hill, and John Burket, gave the prisoner a good character.)
GUILTY . Aged 25.Recommended to mercy by the prosecutrix.
Transported for Seven Years.
Reference Number: t18370403-944
944. JAMES PINNER was indicted for stealing, on the 25th of March, 1 basket, value 1s.; and 20 dead fowls, value 2l. 4s.; the goods of James White.
JAMES WHITE . I live in Upper John-street, Golden-square, and am a cheesemonger. I was in Newgate-street with my cart on the 25th of MarchI had twenty dead fowls in it, which I had bought in the marketthey were worth 2l. 4s.I placed the fowls in a basket in the cart, and then went into the market again, and came backI then saw the prisonerhe had got the fowls out of the cart on the shafts, and was just in the attitude of taking them on his shoulderI seized him, and gave him in charge.
Cross-examined by MR. JONES. Q. Have you since made inquiries about him? A. Yes, and found that he was a porter, in the habit of doing jobs about the markethe did not tell me that he was very busy, and that he really had made a mistake in taking these.
RICHARD MATTHEWS . I took the prisoner, and had the fowls.
(The prisoner received a good character.)
GUILTY . Aged 19.Recommended to mercy by the Jury.
Confined Three Months; One Week Solitary.
Reference Number: t18370403-945
945. CHARLES CUTHBERT was indicted for stealing, on the 4th of February, 1 brooch, value 10s., the goods of Stephen Gill, his master.
JOHN STEPHEN GILL . I live in Earl-street, and am an agent for the disposal of medical practices. The prisoner had been in my service about a monthon the 15th of February Coster came to me with a brooch in her hand, which was mineit had been kept in a little box in one of my apartmentsonly the prisoner had access to my roomI let out the whole of the upper part, furnishedI only keep the lower floor, and this little box was in one of these roomsthis is the broochI looked into my box, and missed it.
ANN PEMLER COSTER . I live in Whitecross-street My daughter ran away from home to live with the prisonershe left home on the 11th of February, and I sent to Mr. Gill's to ask the prisoner if he could tell me where she was gonehe said no, though he was with her every nightshe gave me a brooch when she came home on the WednesdayI took it back to Mr. Gill, and he claimed it.
ANN PEMLER COSTER . jun. I am fifteen years old. I have been living with the prisonerI did not sleep with himI was in the roomI did not sleep at my mother'sthe prisoner told me to leave my home, and he would take care of meI went about with him distributing letters for Mr.
Gill, and what he did not distribute he destroyedI went to bed in Kentstreetwe spent Sunday togetherhe went out in the afternoon, and said my father and mother did not care any thing about meI cheered myself up, because I thought it was truehe went to Mr. Gills on Monday morningI staid at Kent-streetI do not know the number of the houseit is the corner of a street at a shoemaker'sthere were four or five more girls there older than myselfthe prisoner came home, and went again the next morningI did not sleep with him, but across the bedhe gave me this brooch long before I left my homewe were out one eveninghe had this brooch and an anchor, and said he had been at a raffle, and won the brooch and the anchorhe told me my father and mother were about after me, and were determined to have me, and I returned to my father's on the WednesdayI have been in a bad house sinceI slept in John-street last night, at Mrs. Wilson'sshe keeps a gay houseI slept by myself last night.
Prisoner. She said to me, "If we two could go together, do you think we could live together?"I said, "I do not know," and she said she was going after a placeshe went and got it, and then I got a frock out for her out of her wagesshe ran away from there, and came and told me she had got her master's tea ready, and got her box, and ran awaywe walked about all nightthen the went home to her mother'sI went to her mother's, and said "Has Ann been here?"she came inshe came to me on the Saturday, and said I will never go home any more, I know where to get a lodging, and took me down to Kent-streetI am sorry I took the broochI intended to take it back in the morning, and I forgot itthere was an umbrella I took, and I told Mrs. Cotter to take that back to my master'sthe brooch I did not think of at the time.
(The prisoner received a good character.)
GUILTY . Aged 15.Recommended to mercy by the Prosecutor; Confined Two Days, and delivered to his father.
Reference Number: t18370403-946
946. JOHN WARD was indicted for stealing 11 pairs of gloves, value 16s., the goods of Charles Gower Collins, his master; to which he pleaded
GUILTY . Aged 20. Confined One Month.
Reference Number: t18370403-947
947. MARY POWELL was indicted for stealing, on the 11th of March, 2 chairs, value 6s., the goods of Charles Crisp; to which the pleaded
GUILTY . Aged 42. Confined Two Months.
Reference Number: t18370403-948
948. WILLIAM M'BRAIN was indicted for stealing, on the 13th of March, 1 plank of wood, value 11 5s., the goods of Charles Rowed.
JOHN MOORE . I live in Frederick-place, Hampstead-road, and am a journeyman pianoforte-maker. I work for Mr. Charles Rowed; this plank of wood is hisabout seven o'clock on the evening of the 15th of March I missed it from the yard, and about five minutes after, I detected the prisoner carrying it on his shoulder, in the Hampstead-roadI said, "Stop thief, that is not your timber"he immediately ran away and dropped itI am sure he is the man.
Cross-examined by MR. JONES. Q. Is Mr. Rowed here? A. No, it was almost dark when I missed the timberthere were two other planksthere is no other mark than its shape and sizehe was about forty or fifty yards from the premisesthere were two persons carrying the timberhe came back with the policemanhe did not come back by himselfhe was away about three minuteshe did not say that the man who was with him was
named Wilson, he said nothing about Wilsonhe said at the office, that Wilson gave it himthe other man got away.
WILLIAM CORNELL . I live in Frederick-place, Hampstead-road. On this evening about seven o'clock, I saw three men standing near Mr. Rowed's garden railing, whispering to one anotherI turned into the road to see what they were afterI thought they might be watching my shopin a few minutes, I saw two of them in Mr. Rowed's yardthey came out with this piece of mahogany on their shouldersthey walked about a dozen yards, and then pitched it downI went to the yard, and told them of itMoore came and missed the timberhe came with me, and about four or five doors from where he had pitched the timber, we saw the prisoner and another carrying it on their shouldersMoore was four or five yards offhe said, "Stop thief, you have stole the timber"they threw it down, and the prisoner ran into Charles-streetI followed, he turned round, I took hold of him"What is this about, "says he, "what is the matter?"I brought him back to the place, and Mr. Rowed's young man gave him in charge.
Cross-examined. Q. He went back with you at once? A. I led him bockhe did not come voluntarilyhe said, at the station-house, that a man had asked him to carry ithe did not say the man's name was Wilsonhe said he was a carpenterthey went different waysthe prisoner ran 100 or 150 yards.
NOT GUILTY .
Reference Number: t18370403-948a
948. THOMAS PRESTON was indicted for stealing, on the 10th of March, I handkerchief, value 2s. 6d., the goods of John Jackson Gosset, from his person.
JOHN JACKSON GOSSET . I live in George-street, Mansion-house. On the evening of the 10th of March, I was in Fleet-street between seven and eight o'clockI felt a twitch at my pocketI turned, and found my handkerchief in the prisoner's handhe was close behind meI collared him, and gave him into custodythis is my handkerchief.
Prisoner. I was in distress at the time.
GUILTY .* Aged 21. Confined Six Months.
Reference Number: t18370403-949
949. JOHN WRIGHT was indicted for stealing, on the 7th of March, 81lbs. Weight of fat, value 2s. 8d., the goods of Thomas Ford.
THOMAS FORD . I keep a butcher's shop in Canton-street, Brunswicksquare. The prisoner was in my premises assisting on the evening of the 7th of MarchI charged him with having something in his pocket, and asked him what it washe said, "A sweetbread," and produced itI said, "Is that all?"he said, "Yes"I said, "You have got more tan this," and then he produced fat to the weight of about 9 3/4 lbs., and then I found some in his hat, as much as it would conveniently holdit corresponded so far with what I had, that it was hot, and we bad been killing a bullockI charged him with taking ithe said he was very sorry, it was the first time.
Cross-examined by MR. MITCHELL. Q. Was he employed by you? A. He is the man that generally drives my beastshe is not employed in killinghis master's name is James Cateymy journeyman's name is Jameshe does not remunerate himthis fat is not his Propertyhe could not have had the fat from other butchers, as it was hothe had been two hours on our premisesit would not continue hot for two hoursit had been killed about three quarters of an hourI swear it was mine, from the
knowladge I have of fatthere were no other persons there but my journeyman, and no one was aware of his taking itthe prisoner said so himselfhe came occasionally to assist my men, without being askedthe fat was deposited in my slaughter-house, at the back of the house.
NOT GUILTY .
OLD COURT.Wednesday, April 5th, 1837.
Third Jury, before Mr. Sergeant Arabin.
Reference Number: t18370403-951
951. ADOLPHUS CANES was indicted for stealing a pencil-case, value 30s., the goods of Frederick Shepherd;and also, for stealing I pencil-case, value 40s., the goods of Christopher Walton; to both of which indictments he pleaded
GUILTY . Aged 17, Transported for Seven Years.
Reference Number: t18370403-952
952. THOMAS WIDOW was Indicted for stealing, on the 4th of March, 1 pair of trowsers, value 22s.; and I waistcoat, value 14s.; the good of Solomon Levy.
SOLOMON LEVY . I am a tailor, and live in Well-close-square. On the 2nd of March I was on board a vessel in the St. Katharine's Dockthe prisoner was in the next vesselI did not know him beforehe spoke to me first, and seemed to know mehe said he had come off a long voyage, and said, "I want a suit of clothes, Mr. Levy; if you will make me one to my satisfaction I will pay you justly"he asked the priceI said it would be 3l. 9s. the suithe said when the work was done he would pay meI made the clothes, and brought them on board to him on the 4thhe had told me to bring them thereI took him a pair of trowsers and a waistcoat, which came to 1l. 16s.he seemed perfectly satisfied with themI folded them up, and he said, "What shall I have to pay you?"I said, "These things come to 1l. 16s."he looked round, called to one of the men, and said, "Where is the key of my trunk?"a man came up to him, and gave him a keyhe took the things out of my hand, jumped down into the forepart of the vessel, and said, "I will pay you in a few minutes, "but in about five minutes he jumped up, and jumped on shore, and ran off like lightningI pursued him, but could not find himI should not have let him have had the things without immediate paymentI have never found the clotheshe was taken up about two days afterwards, and I said, "How dare you rob me in that kind of way? what have you done with my things?"he looked at me and laughed, and said, "What I have done I have done clean; I have served you as I have served a great many more, and will serve others so, in defiance of the law of Great Britain"I said, "I don't wish to hurt you; very likely you have pawned them; if you will give me the duplicates, I had better lose the half than the whole"he said, "Oh, no; I know my trade better than that; I am not such a fool"an officer came by, and I gave him into custodyhe had never come for the jacket.
Prisoner's Defence. He came on board the ship on Thursdayhe is a jew, and would sell a thousand such fellows as me for half-a-crownhe offered to make me a suitI said, "Well, make me a suit as quick as possible"next day I went on shore, and came on board rather freshhe brought the trowsers and waistcoat, and said, "The jacket will be done in about an hour and a half and when I bring it you can settle with me"the captain was paying some of the men down in the cabin at the time,
and the captain's son said to me, in the prosecutor's presence, "Tom, have you got a stamp receipt?"I said, "No, I have not"he said, "You had better go and get one, because the captain won't pay you without one"I went away to get one, and fell in with some shipmates; I got entirely drunk, and never went for the stamp, and when I came on board the ship two days afterwards, the things were gonethey had been getting all the goods out of the ship; and how do I know that man did not take the things back with him? it is as likely as not; a Jew like him would do any thinghe never asked me for payment of the clothesthe first thing he did was to give me in chargeI did not run away from the ship.
GUILTY . Aged 36. Confined Six Months.
Before Lord Chief Justice Tindal.
Reference Number: t18370403-953
953. FREDERICK WARE was indicted for feloniously forging and uttering, on the 6th of January, at Christ Church, a bill of exchange for 49l. 15s., with the intent to defraud Samuel Hart and another.
MR. PAYNE conducted the Prosecution.
SAMUEL HART . I am a currier, and live in Union-street East, Spitaltields. I know Mr. Hill, a coach-maker, in Little MoorfieldsI have had transactions with him in business, in the course of which I saw the prisoner frequently, as his clerk. On the 5th of January, he called on me and brought this bill, saying Mr. Hill would be greatly obliged to me if I would discount it, that he wished to have the money, and I should be doing him a favour by discounting itafter a few words about it, I said I would give him 40/. towards it at that timeI merely said I had not a large stock of money at the banker's at the timeI had objected the day before to discount it, as it was not payable in London, it would not be of any service to me, and that it must be payable in Londonhe said be would take it back, and get it made made soI said I would let bio have money on it when it was payable in Londonit was merely "Accepted, T. Rich"it was addressed, to "T. Rich, grocer, High-street, Croydon"he brought it the next day with the words, "Payable at No. 21, Little Moorfields, "which is Mr. Hill's place of business, and I gave him 40l. by a cheque on Ladbroke'sI had accommodated Mr. Hill with a loan of money beforethe cheque was drawn in the name of myself and partner (bill read at four months after date, for 49l. 15s.) the cheque was returned to me as paid by my bankerI have only one son in partnership with meon the 3rd of March I received this letter by the twopenny post, in consequence of which I went to Mr. Hill next morning.
JOHN BROOKS HILL . I live at No. 21, Little Moorfields. This letter is not my writingI believe it is the prisoner'she was in my employ for three months, but not at the time the letter was writtenthe letter is like his writingsome part of it is very much like his own writingthe signature is not at all like his writingthe body of the note is like his general writing(read)"To Mr. Hart, No. 1, Union-street, Spitalfields, Sir, Will you oblige me with the remainder of that bill you had a short time ago of 49l.; I have had 40l.; if you can oblige me with it, will you be kind enough to inclose the cheque in a note addressed to Mr. Harding. at Mr. Washington's, Wenlock-street, St. Luke's, and it will save a great deal of trouble. J. B. Hill. P. S. Be kind enough to let him have it as soon as you receive thisI cannot come myself."
MR. HART re-examined. I did not send to Wenlock-street, but to Mr. Hill's own househe then came to me, and this was discovered.
JOHN BROOKS HILL re-examined. The signature to this bill is not my handwriting, nor is the indorsementI believe it to be the prisoner'sthe body of the bill I can swear is hisI never gave him authority to use my nameI have made inquiry at High-street, Croydon, and find no such person at Mr. Rich, a grocer, lives there, nor can any one recollect such a person there for many yearsI received a communication about a sum of 9l. from Mr. Hart, and went to him about itI never sent the prisoner to Mr. Hart to discount a billhe left me on the 23rd of January.
Prisoner. Q. You sent me with an 80/. bill before Christmas last? A. I never did, that I am aware ofI sent him with a note to barrow 30l. in December.
EDWIN BREWER . I am clerk at Ladbroke's. I paid this chequeI know it by a private mark on it.
GUILTY . Aged 18. Transported for Life.
(There was another indictment against the prisoner.)
Before Mr. Justice Littledale.
Reference Number: t18370403-954
954. THOMAS JACKSON and GEORGE SMITHERS were indicted for burglariously breaking and entering the dwelling-house of John Benjamin Heath and others, about the hour of two o'clock in the night of the 1st of March, at St. Olave, Jewry, with intent to steal, and stealing therein 33 ounces of silver, value 9l.; 22 franc pieces, value 33s. 4d.; 2 sovereigns, 3 half-sovereigns, 11 half-crowns, 26 eixpences, 3 penny pieces, 11 halfpence, 10 25s. stamps, 8 15s. stamps, 24 12s. 6d. stamps, 6 8s. 6d. stamps, 15 6s. stamps, 6 5s. stamps, and 21 4s. 6d. stamps; their property.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
WILLIAM NEEDLE . I am a clerk in the firm of John Benjamin Heath and two others, at No. 31, Old Jewry, in the parish of St. Olave, Jewryneither of the partners live in the houseI reside there with my family, by the permission of the firm, in the upper apartmentson Thursday morning, the 2nd of March, about half past two o'clock, I was awoke by a nurse who was attending my wifeI got up, took a light, and went down stairsI had heard the watchman call the hour of two a few minutes beforeI went down stairs and searched two rooms, where I found nothingI then went into a back room on the second floorit is a small anteroomthe window of that room was up as far as it could be liftedI had particularly observed that window the night before, at eleven o'clock, when I went to bedit was then shut close down, and a wash-hand-stand stood in the recess of that windowI found that removeda person might obtain access at that window, by climbing to a great height over the roofs of warehouses at the backI supposed from that, there must be some persons in the houseI was going down stairs to ascertain that, and heard the sound of footsteps going down stairs, as from the counting-house, which is on the first floorI followed the sound of the steps to the ground-floor, and found the Prisoner Jackson on the mat near the street door, inside the passageI had a stick in my hand, and threatened if he moved to knock him on the head with ithe requested me to let him goI did not lay hold of himhe then said, "There is another man up stairs"I had, before I came
down, alarmed the inmates of the houseBradstock the porter lived in the house, and I told them to call himhe came, and we secured JacksonI gave him into Bradstock's custody, and proceeded to open the door, and let in the officerswhile I was unbolting the door, Bradstock called out to me that Jackson was getting awayI went back, and forced him ad Bradstock into a small room near the staircaseI then let in the officers, and went up stairs with Bradstock and Cheney, and we found Smithers crouched underneath the desk in the counting-houseCheney took charge of himI found five of the desks in the counting-house had been forced opena great number of papers were strewed about the floor, and I found a small crow-bar and a dark-lantern under the desk where Smithers was taken.
Cross-examined by MR. CLARKSON. Q. Is any part of the house occupied as a warehouse? A. The warehouses are at the backthe front is all occupied by the counting-house, and rooms used at dwelling-roomsthere is no access to the warehouses and counting-house in the night, without coming into the dwelling-houseparties connected with the premises might have access in the day-timethey must go through the dwelling-house to get from the warehouses to the counting-housethe warehouses are immediately behind the house, and to come to the counting-house, you must come up the staircase of the dwelling-houseI occupy the dwelling-house, rent free, as the servant of the firmthe house is the freehold property of Mr. Heath, but it is occupied as the premises of Heath and Co.none of the partners have slept there since I have lived there.
Q. How many persons were in the house on the night this took place? A. Myself, my wife, the nurse, the porter, and two female servantsmy wife had only been confined three or four days beforethe nurse was titling up with hershe slept in the front room, third floorthey were all gone to bed before me, except the nurse.
MR. BODKIN. Q. Would the nurse have any business to go into the room you have spoken of? A. Certainly notthere was nothing for her to go there for.
JOHN BENJAMIN HEATH . I am one of the firm of Heath, Furze, and Co.this house is my freehold propertyit is occupied by the firm, and they pay rent for itthey have not a leaseaccording to the articles of partnership, they allow me 350l. a year for itNeedle is our clerk, and lives in the house as such, by permission of the firm.
Cross-examined. Q. Do the firm pay you rent for the whole premises, or only for the warehouses and offices? A. They pay me rent for the whole of the premises.
WILLIAM HOLLINGTON . I am a watchman. I was on duty in OldJewry, on the 2nd of March, about half-past two o'clock in the morningI was alarmed, and went to No. 31when I got in front of the house, I saw a man shove up a front window over the door on the first floor, and get out on the ledgeI cannot swear to himI sprang my rattle, and he went into the house againthe door was opened in a short timeI went in, and found Mr. Needle there, and Jackson, who I took into custodyI saw Smithers brought down stairs afterwards.
JOHN THOMAS . On the night of the 2nd of March, I was acting at Coleman-street watchhouse, as constable of the nightthe prisoners were brought there by HollingtonI searched Jackson, and found on him a half-sovereign, three half-crowns, eleven shillings, four sixpences, and threepence in copper, and I found these stamps at the back of his feet,
lying close behind him, as if they had been droppedthey are stamps of different value, engraved for bills of exchange, and in the margin is "Heath, Son, and Furze."
GEORGE CHENEY . I am superintendant of the watch, of Cheap ward. In consequence of an alarm, on the 2nd of March, I went to No. 31, Old JewryI went up stairs with Mr. Needle, and took Smithers into custodyI took him to the watchhouse, searched him, and found on him a lifepreserver, a chisel, a screw-driver, a gimlet, seven skeleton keys, some lucifer matches and sand paper, some assays of silver, two sovereigns, two half-sovereigns, two twenty-franc pieces in gold, eight half-crowns, fifteen shillings, two sixpences, amd sevenpence-halfpennythis lantern and crow-bar were given to me, next morning, by Mr. Needlethe assays were done up in this brown paper.
HENRY BEVAN . I am a clerk in the prosecutor's employthey keep a silk warehouse. I have a desk in the counting-house, which I left locked when I went away, on Wednesday night, the 1st of MarchI left a bag containing 7l. in sovereigns and half-sovereigns, three twenty-fane gold pieces, and 30s. in silverwhen I came to business in the morning, I found the desk forced open, and that property taken awaythese assays vert in a drawer, in a book-casemy handwriting is on the papersassays are pieces of silver taken from the ingot to ascertain the qualitythese nine stamps are the property of the firm, I have not a doubt, and the assays alsoI had seen them about shortly beforethe firm are general merchantsthe money in the desk was theirs.
(John Evans, bricklayer, Kennington-road; and George Small, cabinet-maker, Duke's-head-passage, Kennington-lane, gave the prisoner Smithers a good character.)
JACKSON GUILTY. Aged 36.
SMITHERS GUILTY of stealing in the dwelling-house, but not of breaking and entering. . Aged 34.
Transported for Life.
Before Mr. Justice Littledale.
Reference Number: t18370403-955
955. JAMES THOMPSON was indicted for stealing, on the 8th of February, 1 watch, value 8l. 8s., the goods of Thomas Yates, in the dwelling-house of William Simons; and WILLIAM CAIRNCROSS for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
RACHEL YATES . I am the wife of Thomas Yates, and lodge in Artillery-terrace, Brewer's-green, Westminster, in the house of William Simons. The prisoner Thompson is my nephewon the 8th of February he came there to see me, about half-past one o'clock in the dayhe stopped, I suppose, half an hour or three quartersI did net leave the room while he was thereI went to the door to clear the dinner things from the table after he had had his dinnermy back was then towards him for a minute or moreit was sufficient time for him to take the watch off the hookI missed the watch five or ten minutes after he was goneit hung up in a small recess by the side of the mantel-piece, within half a yard of where he was sittingit was there when he came in, for I looked to see the time while he was eating his dinnerit then wanted a quarter to twoit was a gold watch, worth eight guineas, and was my husband'sI gave information to Drake, the officer, and saw the prisoner in custody about half-past two or three o'clock the same day, with a boy named Forsternothing was said to induce him to confesshe said that a boy who had
been with him had stolen the watch from him, and had gone away with it to give it to a girl to pledgehe did not tell me the boy's nameI saw a knife taken out of his pocket, which had been on the sideboard or table when he came to my roomI knew it again.
THOMAS DRAKE . I am a policeman. Mrs. Yates spoke to me about three o'clock on the 8th of Februaryfrom her description I apprehended Thompson, and Forster, being in company with him at the time, I took himI asked Thompson what he had done with his aunt's watchhe said Forster asked him to let him look at the watch, and when he showed it to him, Forster handed it to another boy, who ran away with itForster said in Thompson's hearing, that the other boy's name was SmithI took them both to the station, searched them, and found on Thompson this small knifethe prosecutrix was there, and claimed itI found nothing on Forsterbefore we went to the station, Forster said Thompson had told him he found the watch wrapped up in three or four pieces of paperI went in search of Smith, and on the 18th, found him on board the Marine Society's ship at DeptfordI apprehended Cairncross in conesquence of a description Smith gave me, and took him to the station-Smith was there at the time, and immediately said he was the man who went with him to sell the watchhe said be first met Cairncross near Westminster-abbey, and he told him he had got a watch that the boy had taken from his auntCairncross told him he could sell it at the Blue Potts public-house in Monmouth-streetthat they went there, and when they got to the door of the Blue Posts, Cairncross told him to stop outsidethat Cairncross went into a back room behind the counter, and after he had been there a short time, he brought him something to drink at the door, and told him he could get butI for the watch; and he saw the landlady of the public-house pay some money to Cairncross, and the landlord was standing by at the timehe said he brought him out 15s., and said be should keep 5s. himself for selling the watchhe said, they then went from there to a public-house at Westminster, and he had more drink there, and after that he did not recollect what happened; and when be got home, he himself had no money at allCairncross was present, and heard all this, and he denied all Smith statedthe landlord is not hereI have been to the Blue Posts several times to look for him, but have never found him.
Cross-examined by MR. PHILLIPS. Q. Have you been to look for the landlady? A. I have seen the landladyI believe I have stated all that Smith saidhe said he saw the landlady lay the money on the counter for CairncrossCairncross denied ever having seen Smith before.
COURT. Q. Did you state before the Magistrate that Smith said the boy had taken it from his aunt? A. No.
AUGUSTUS SMITH . I live in Hyde-place, Vincent-square, Westminster. On the evening of the 7th of February, I was with Forster, at Lambeth-Thompson came up to us, and asked whether we could get a lodging for himwe could not, and we all three staid out of doors all night, togethernext day we all three came to Westminster togetherThompson left us about half-past one o'clock, saying he was going to see his aunt, and be told us to stop outsidehe came out of his aunt's house, and showed us a gold watch which he said he had picked up, wrapped in three or four pieces of paperwe then went to Catherine-streetThompson gave the watch to Forster, who gave it to me, and I ran away with it when I got round into Dean-streetI afterwards looked for Forster, but could not find him
I went through Dean's yard, and just as I came by the tide of Westminster-abbey, I taw CairncrossI told him another boy had stolen a watch from a room, and I had run away from him with it, and I asked him if be could sell ithe told me he could, at the Blue Posts, in Monmouth-streetwe went therewhen we got to the door he told me to stop outside while he went in and sold ithe went into the back parlourhe came out, and said be could not get but 1l. for ithe went back, and said he would take 1l.I saw the landlady pay him, on the counterhe gave me some drink at first, and when he came out he gave me 15s., and said he should keep 5s. for selling the watchwe then went to the Feathers, in Broadway, Westminster, between four and five o'clock in the afternoon, and had drink thereI went home to my mother's that night, and next morning, when I got up, I had no moneyI knew Cairncross beforeI had frequently seen him at the Westminster theatreI first knew him there about two or three months ago.
Thompson. It was him that told roe to go and see what I could get out of my aunt's house, and to take the watch. Witness. No, I did not.
Cross-examined. Q. You would not do such a thing for the world? A. I did not tell him to do it, nor would I do itForster and I agreed, if we could get the watch out of his hands, to run off with itI told the Magistrate that Cairncross gave me drink at the Blue Posts, and that I told Cairncross the boy had stolen the watch, but I did not say from his auntI do not recollect whether I said before the Magistrate that I told Cairncross the boy had stolen the watch, or notI am fond of the theatreI never stopped out all night before the time I have mentionedmy mother does not like me to be outI have been in gaol twice beforeI was in Tothill-fields prison fourteen days, for stealing some pears out of a gardenI was in Tothill-fields again for two monthsthat was about some boys taking some iron, but I had no hand in itthose are the only times I have been in prisonmy father took me to the Marine ship, to send me to seaI was not allowed to go out of the shipI had a particular dress onI was not tried at the Westminster Sessionsthe Magistrate did not send me there for two monthsI was never at Brixton gaolit is two years since I was in prison about the pearsI am fourteen years old nowmy father sent me to the ship about two months agoit was on Wednesday, the 8th of February, this watch was takenI was not in the ship thenI have been in Tothill-fields prison, now, for seven weeksI had been in the ship a seek and a day when the policeman took me.
(Property produced and sworn to.)
THOMPSON GUILTY .Aged 14; of stealing under the value of 5l.
Recommended to mercy. Confined Six Months.
CAIRNCROSS NOT GUILTY .
Reference Number: t18370403-956
956. WILLIAM DAVIS was indicted for stealing, on the 25th of February, 6 shawls, value 8l. 18s., the goods of John Jarvis; to which he Pleaded
GUILTY Confined Six Months.
Before Lord Chief Justice Tindal.
Reference Number: t18370403-957
957. MARY ANN SULLIVAN was indicted for stealing, on the 11th of March, 1 counterpane, value 4s., and 1 sheet, value 4s.; the goods of James Mayes.
MARY ANN MAYES . I am the daughter of James Mayes, and live in
Baldwin's-gardens, Grays Inn-lane. Last Saturday three weeks, about a quarter past five o'clock in the afternoon, I saw the prisoner coming down the stairsI never saw her beforethe street door was wide open, as we keep a shopI had just come out of the room doorshe was on the first flight of stairsI followed her down, and called my mothershe called Mr. Green, a carpenter, who was at his own door, and he stopped her, and I observed a counterpane and sheet in her apronhe gave her in chargeI afterwards went back and missed the counterpane and sheet from a bed in the second floor room.
WILLIAM GREEN . I am a carpenter. Mrs. Mayes called me, and I saw the prisoner running from the door towards Leather-laneI ran after her, and a policeman took herI saw the counterpane and sheet underneath her shawlwhen Mrs. Mayes came up, the prisoner said to her, "Do these things belong to you? I did not know they were yours"I did not see her drop the things.
HENRY WHITYEAR . I am a policeman. Mrs. Mayes put the counterpane and sheet into Green's hands, and he gave them to meI had the prisoner in custody at the time.
Prisoner. I did not take them.
GUILTY . Aged 18. Confined Six Months.
Before Mr. Justice Littledale.
Reference Number: t18370403-958
958. WILLIAM WALKER was indicted for stealing, on the 7th of March, 1 spoon, value 3s., and 1 cruet top, value 8s.; the goods of William Craig Lawrence.
ELIZA ELLIS . I am shopwoman to William Craig Lawrence, confectioner, Marylebone-lane, Oxford-street. On the 7th of March, between seven and nine o'clock, the prisoner came and asked for a jellyI never saw him before, but I am sure he is the personI gave him a small silver teaspoon to eat it withhe eat it in the room adjoining the shophe paid me for the jelly when I took it in to himhe stopped about twenty minutesI waited in the room where he wastwo ladies came in, and I cot up to serve them, and the prisoner then hastened out of the shopI immediately went into the room where he had been, and missed the spoonI went to the door, but did not see himI missed the pepper-box about two hours afterit had a silver top to itthe policeman brought them to me on the Friday following, and I knew them again; these are them.
THOMAS WYLIE . I am a police-sergeant. I apprehended the prisoner on Tuesday, the 7th of March, about half-past nine o'clock in the evening, and found on him a silver teaspoon and a cayenne cruet with a silver topI asked him who they belonged to; he said they were his own.
(The prisoner pleaded poverty.)
GUILTY . Aged 30.
Reference Number: t18370403-959
959. WILLIAM WALKER was again indicted for stealing, on the 27th of February, 1 spoon, value 3s.; the goods of William Bagshaw.
CATHARINE ROLLSTONE . I am shopwoman to William Bagshaw, a confectioner in Tottenham-court-road. On Monday, the 27th of February, about seven o'clock in the evening, the prisoner came and asked for a custard, which I gave him with a silver teaspoonhe eat it in the soup room, and stopped about five minutesI went into the room immediately he was gone, and found he had taken the silver spoon and left this metal oneI went to the door to look for him, but he was out of sightwe have two
metal spoons, but they are never used in the business, and are not like thisthe prisoner was brought to me by the policeman, on the 8th of March, and I knew him againI am certain of himI have not found the spoon.
THOMAS WYLIE . I am a policeman. I took the prisoner to Miss Rollstone, who recognised him as the person who took away her spoonit has not been found.
GUILTY . Transported for Seven Years.
Before Lord Chief Justice Tindal.
Reference Number: t18370403-960
960. MARTIN THOMAS BRIGGS was indicted for stealing, on the 28th of January, 1 carpet, value 8s.; 3 gowns, value 3s.; and 1 petticoat, value, 1s.; the goods of Elizabeth Clark.
ELISABETH CLARK . I am single, and lodge in Victoria-street, Islington. The prisoner is the apprentice to my landlord, and lived in the houseI missed some things on the 4th of February, and missed other things down to the 1st of March, when on account of suspicion, I gave the prisoner in charge.
WILLIAM STOTHER (police-constable N 140.) I took the prisoner on the 1st of MarchI questioned him about the property, and he told me he had destroyed the ticketshe told me he had pawned a carpet for 6s. at Mr. Smith'sa gown for 1s. at Mr. Goodburn's, and a gown for 1s. at Mr. Blackburn's, in Gloucester-street, Myddleton-street, Clerkenwell, but I found that to be two gowns, and a petticoat for 2s.he told me that the half-crown that was in a purse previously taken from him by his master, and two Irish tenpenny-pieces, was part of the money the carpet was pledged fora key was also found at the same timehe told me he had filed one ward off to open the drawerI did not tell him it would be better for him to tell me.
WILLIAM SMITH . I am a pawnbroker, in Lower-road, Islington. On Saturday the 25th of February, the prisoner came and pawned this carpet for 6s., and this apron was round it as a wrapper.
THOMAS MORRIS HARVEY . I live with Mr. Goodburn, a pawnbroker, in High-street, Islington. I produce a gown Which was pawned with us for 1s.I have no recollection of the prisoner.
(Property produced and sworn to.)
GUILTY . Aged 18.Recommended to mercy.
Transported for Seven Years.
Reference Number: t18370403-961
961. CHARLES STANLEY was indicted for stealing, on the 6th of March, 1 blanket, value 2s., the goods of Charles Deacon.
GEORGE SHEPHERD . I live in Crown-street, Soho, and am in the employ of Mr. Charles Deacon. On the 6th of March, he had a sale at a private house in Manchester-square, and I was one of the men in charge of the thingsin consequence of information, about half-past two o'clock, I went out to the corner of South-street, and saw the prisoner walking very fastI overtook him, and touched him on the shoulder twice, and told him he was wanted back at the house he had just come out ofhe went back with me readilyI asked him if he was particularly cold, and wanted a blanket to wrap himself uphe began to ask forgivenessI asked him to unbutton his coat, and I found the blanket tied round his body with a piece of stringhe said he could make it all right if he could see Mr. DeaconI asked him where he got the blanket fromhe said out of the second-floor back room.
Cross-examined by MR. DOANE. Q. Whose house is this? A. Miss Collins, I thinkshe did not reside in the house at that timeher servants didthese things belong to herthey were left in charge of the servants, after the house was shut up at night.
NOT GUILTY .
Second Jury, before Mr. Recorder.
Reference Number: t18370403-962
962. JANE FLEMING was indicted for stealing, on the 25th of March, 7 pence, and 14 halfpence; the monies of James Smith, her master.
JAMES SMITH . I keep the White House public-house, Brooks Mews, Davis-street, St. George, Hanover-square. I took possession of the house on the 27th of JanuaryI found the prisoner employed there as charwoman, and I continued her in my employon Saturday the 25th of March, I put 3s. in copper into a deskI afterwards went into the tap-room, and said to the prisoner, "Jane, you have been robbing my desk"she said she had notI said, "I will believe the boy before I believe you; he says you have, and if you have done it, put the money out of your pocket, go up and get your bonnet, and leave the house"she still denied itI sent for a policeman, who took herI missed fourteen pence from the deskI asked her if she had got any money, and she said she had not a farthing in the world.
ARTHUR JERRETT . I am pot-boy at the house. On the 25th of March I saw the prisoner go into the bar, put her hand into the writing desk, take some halfpence out, and put her hand into her pocketthe desk was not locked, it was in the barI saw the halfpence in her handI did not speak to her thenshe had some knives in her hand at the time, which she put into the knife-boxmaster was sitting in the bar-parlour with some gentlemenshe looked into the parlour at the time, and then came into the tap-room, where I was cleaning the windowI said, "Jane, you know what you hare been about"she said, "What have I been about?"I said, "You know I saw you put your hand into the desk, and take some halfpence out"she said, "Your are a dd liar"I said, "I saw it, and took notice of it"she said, "You are a dd fool"she then went out of the tap-room, and I went and called muter.
JAMES NOBLE (police-constable D 121.) I was fetched to the prosecuter's househe gave the prisoner into my custody for robbing him of some moneyshe said she had not robbed himI asked if she had any money about hershe said "Yes, plenty"I took her to the stationshe was asked again what she had got, and pulled out 6 1/2 d. in copper, and a fourpenny piece, and said it was every farthing she had about hera woman was sent to search her then, and more money was found on her.
SOPHIA NOBLE . I am the last witness's wife. I searched the prisoner at the station-house, and found in her pocket-handkerchief 10d. in coppera 6d., and 2 1/2 d. down her bosomwhile I was undressing her to search her, she said she had no more about her, it was no use to undress her; but I found the 2 1/2 d. after that.
GUILTY . Aged 32. Confined Twelve Months.
Reference Number: t18370403-963
963. MARY ANN STICKLEY was indicted for stealing, on the 11th of March, I purse, value 6d.; 1 breast pin, value 10s.; 21 sovereigns, 2s., 6d., a three penny piece, and one penny piece; the monies of Elizabeth Large, in the dwelling-house of Mary Wood.
ELIZABETH LARGE . I am single, and live in Exeter-court, Exeterstreet, Sloane-street, Chelsea, in the house of Mary Wood, in the firstfloor
back roomthe prisoner lodged with me for three weeks, and paid 2s. a weekshe left on the 11th of March, to go and live with Mr. Hooman of Skinner-street, at their country-house, but she only gave me their town directiona short time after she left, I went to my band-boxthere was a box inside that, which was locked, and I missed from that box a steel purse, containing twenty-one sovereigns, a purse, in an old fashioned housewife, with silver coins in it, a brooch and a pincushionthe purse was safe on Friday, the day before she leftI had locked the box thenI afterwards went to Mr. Hooman's, at Stoke Newington, and found her thereI told her she had robbed meshe denied ita policeman was sent for, who took herthis is the broochthere is no particular mark about it, but I have had it a number of years, and there is a picture on it of a lady watering flowersI can swear it was one of the articles in my room when she lived with me.
Cross-examined by MR. JONES. Q. How long had you had the money by you? A. I have had it some time by meI have been a servant in respectable familiesI had no money besides thatI stated at the policeoffice that there was twenty sovereigns, but since that I have found there were twenty-oneI knew nothing of the prisoner before she came to lodge with mevery respectable servants out of place come to lodge with meI have given up service more than ten yearsI do nothing but needle-work and taking lodgersthe prisoner came to me from a baker's, and said they test herwe never walked out togethera young Woman came to see her the day the went awayI had no friends come to visit me while she was thereher father came to me a few days after she leftI did not tell him of my lostI knew I had lost my money thenthe prisoner called on me afterwards, but I did not tell her of itI was very ill at the time, and told nobody in the house about itI did not mention it to the prisoner when she called, because I was bewildered and frightened at herI was not frightened at the fatheras soon as I got a friend, I meant to go and see if I could find ray property on herI thought of going right up to the place myselfthe left on the Saturday, and called on the Wednesdayanother young woman was in the room at the timeI did not say at the policeoffice that I could not swear to the pinthe policeman did not tell me I must swear to it, and if I did I should get all my money backno such thing was ever namedI never said I could not swear to itI never said if I could get 12l. I would not swear to itwhoever says such a thing is very wrongI never said if the prisoner could make up 5l. I would throw the bill out.
Q. During the time she was living in your room, was the door open occasionally, so that persons could come in? A. Yesshe said she lost a dress while she was with me, but she left it out all night, as she said, in the yardthe did not complain of losing it out of ray room.
COURT. Q. How long is it since you were in service? A. I cannot exactly sayI have since that taken in needlework, and a lodger, and had a little property, but it is now all goneI had been living on itI went out on Saturday, and when I came back there was a young woman there writing a letterthe prisoner went out with her, and returned in about a quarter of an hourI never saw any man visit her thereI did not introduce her to anybodyher father came for her empty boxhe had been wanting her to go home while she was thereI was afraid of her because her language was rather wickedshe used to swearI was terrified to death with herI had no quarrel with herher words were very bad, and I
wished her to leave, but she said she was in view of a place, and her time would be very shortI meant to take a friend with me to trace my money out.
MR. JONES. Q. Have you a niece? A. YesI did not tend her to a Mr. Dolby, or anybody, to say I would settle this for 12l.her name is Barefieldshe is not hereshe is in serviceI have never offered to settle this.
WILLIAM ALLEN . I am servant to Mr. Hooman, of Lordship-lane, Stoke Newington. The prisoner lived there a little more than a weekon Sunday afternoon I was with her in the kitchenshe showed me a broocd stuck in her bosom, and asked if I knew what was on itI said, a woman watering some flowersthis is the one she showed me(looking at it)I am sure of itI was not there when the policeman camethe prisoner was taken away in custody.
HORATIO NELSON TIVEY (police-constable N 60.) I was sent for to Mr. Hooman's house, in Lordship-lane, on Tuesday the 21st of March, and saw Mrs. Large and the prisoner in the parlourMrs. Large said she had robbed her of twenty sovereignsthe prisoner said nothing thenI asked Mrs. Large, in her presence, when she had lost itshe was very much agitated, I could hardly get a decided answer from hershe said she had lost twenty sovereigns, a pin, and some coinsshe did not mention the exact amount at the timeI asked the prisoner to allow me to search her boxshe said "Yes," and got up to give me her keyshe pointed out her boxes, but I found nothing at that timeI locked the boxes, and kept the keys, and took her into custodyin consequence of what I heard, I went again, on Thursday morning, to Mr. Hooman's and searched the boxes, and in one of them found this pin sticking in a petticoat nearly at the bottom of her boxI also found a work-box and writingdesk, both apparently new, they seemed rather too expensive for a servantthe desk was lined with velveta woman searched her at the station-house, but only 18d. was found on herthis was on Tuesday the 21st of Marchshe had left Mrs. Large on the 11ththere was no money in the desk or box.
Cross-examined. Q. Did you have any conversation with Mrs. Large about the pin, going to the police-office, or at the police-office? A. I did at the officeshe did not say she was doubtful whether the pin was hersI did not tell her she must swear to it, or she would not get her moneyI told her I had found the pin, that was allI am positive I said nothing to her about swearing to it, and I do not think she said any thing to meshe was greatly agitatedI do not remember that she said any thing to me about itshe did not tell me she had sent her niece to Mr. DelbyI never heard her say any thing about 12l. or 5l.
ELIZABETH LARGE re-examined. I went to Skinner-street a few days before I had her apprehended, to know where Mr. Hooman's country-house wasI did not go to Stoke Newington till she was apprehended, which was about a week after she left my lodging.
SELINA CALE . I live in the next room to Mrs. Large. On the Saturday before the prisoner left, a little girl came into my room with a noteit was not for meI took it to the prisoner, and when she read it, she wrote two or three lines, and gave it to the little girlshe put a piece of money into the noteI think it was a sixpencethe little girl then went out of the roomthe prisoner said, "Dear me, I had a brooch in my hand, what have I done with it?"she looked down on the floor, and I looked
too, and saw it under my feetshe took it up, and straightened the pin, and I saw it quite plainit was the one producedno more pasted thenwhen she was going down stairs, she said she was going to get jolly well drunk, and have a week's spree at other peoples' expense, and if the entered the place again, she hoped she should break her neckthis was the day she went to her placeI did not know her beforeshe was saying this to herself as she went down stairsmy door was openthe prosecutrix was in her own room at the time, but I do not know whether she heard itshe hallooed it out very loud.
Cross-examined. Q. Was Mrs. Large in the room at the time she picked up the brooch? A. NoI did not tell her about it till after the prisoner was taken, when the came to me and told me her troubleI did not go before the MagistrateI see Mrs. Large every dayshe desired me to come here to-daymy husband is a cordwainer, and works for Mr. Crab, of Sloane-strcethe heard what the prisoner said going down stairs, but he is not hereshe said it loud enough to be heard by every body in the house, but Mrs. Large is very old, and she is so confused.
(John Falk, jeweller, Buckingham street, Pimlico, and Martha Dolby, baker, Kensington, gave the prisoner a good character.)
GUILTY of stealing the brooch only. Aged 18.
Transported for Seven Years.
Reference Number: t18370403-964
964. GEORGE HERBERT was indicted for stealing, on the 27th of February, at St. Pancras, 2 watches, value 1l. 15s.; 10 spoons, value 3l.; 1 fork, value 13s.; 1 cream-jug, value 1l. 12s.; 1 ring, value 8s.; 2 shirt buttons, value 6s.; and two brooches, value 6s.; the goods of John Herbert, in his dwelling-house.
SARAH HERBERT . I am the wife of John Herbert, and live in Harford-street, Fitzroy-square, in the parish of St. Pancrashe rents the whole house. The prisoner is my sonon the 27th of February, the officers produced to me a variety of articles belonging to my husbandthey had been taken from the drawer in the back parlour, which was locked, to the best of my knowledgeI found the parlour window half-way upI had left the room about eight o'clock in the morning, and returned between nine and ten o'clockit was a bed room, but on the ground floormy son frequently came backwards and forwards, but I do not know of his being there that day.
LOUIS KYEZOR . I am a silversmith in Tottenham-court-road. On Monday afternoon, the 27th of February, the prisoner came to my shop, and produced a watch for sale, which he offered for 1l.I said it was not worth 8s. or 9s.he afterwards pulled out anotherI asked him if it was his ownhe said no, it belonged to a young man outside the doorI said, "Tell the young man to walk in," and as he was going to the door he said, "Do you buy old silver?"I said, "Yes"he said, "What do you give per ounce?"I said 5s., and asked if he had anyhe then produced two silver table spoons, six tea and two salt spoonsI asked if he had any more plate for sale, as I had better buy it altogetherhe then produced a silver fork, and put his hand into his pocket and pulled out a cream jugI said, "Now fetch in the other young man, and I will pay him for what you say is his, and pay you for the silver"I winked at my young man to fetch an officer, and Mrs. Kyezor took the hint to shut the shop door, as the other young man who had come in at the prisoner's call, ran outI staid with the prisoner till the officer camewhen the prisoner went to the door to call in the young man, he gave three regular thief's whistles, which
I understand means, all rightI have often had thieves bring property to my houseI dare say within the last five years I have apprehended nearly fifty who have come to sell platewhen the officer questioned the prisoner, he said the property did belong to his father.
ROBERT FLANDERS (police constable E 50.) I took the prisoner into custody, and produce the articles.
JOHN CRAYFORD . I am a policeman. I found two brooches, a ring, some silver shirt buttons, a Spanish sixpence, and several other things on the prisoner.
MRS. HERBERT re-examined. These are my husband's property, and the same I lost from the drawersthey are worth more than£5.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 17. Transported for Life.
Reference Number: t18370403-965
965. MARTHA BELCHER was indicted for stealing, on the 31st of July, 1 cash box, value 2s.; 1 pepper castor, value 1l.; 2 spoons, value 7s.; 1 cloak, value 15s.; 1 petticoat, value 3s.; 9 sovereigns, 4 half-crowns, 20 shillings, and 1 sixpence; the goods and monies of Solomon Cohen, her master, in his dwelling-house.
RACHEL COHEN . I am the wife of Solomon Cohen, a broker in Sandy's-row, Spitalfields. Mrs. Isaacs and I are partners in wearing apparel-Isaacs lives next doorI kept the key of the cash box on behalf of myself and partnerI always kept it in my possession, and locked it upI was accountable to her, and I have had to make good this lossthe prisoner was my servant twiceshe left me the second time the last day in July, between two and three o'clock in the morning, when the policeman knocked at my door, I came down and found it open, and my cash box gone; also two spoons, and a pepper-castor, and a cloth cloakthere were nine sovereigns and 11s. 6d. in silver in the cash boxI had given the prisoner the box on Friday to carry up to the bed room and put under my drawers, and she did do so I believe, but I never saw it afterI also missed 19s. 7 1/2 d. out of my little boy's trunk, in the room the prisoner sleptthe policeman brought the prisoner to me on the 4th of March, and she made a statement, but I might have told her I would not prosecute her if she would give me information.
CATHERINE ISAACS . I am the wife of Abraham Isaacs, a broker. I carry on the wearing apparel business with Mrs. Cohenthe prisoner saw me count the money in the cash box when I put in 11s. 6d.that was on the FridayMrs. Cohen gave it to the prisoner to take up stairs to her bed roomthere were three duplicates in the box.
JAMES SMITH (police-constable H 122.) In consequence of information, I apprehended the prisoner at a lodging house, in Wentworth-street, Whitechapel, and took her to Mrs. Cohen'sI did not hear Mrs. Cohen tell her she would not prosecute her if she told her what had become of the property; but 1 believe she used that expression at Worship-street. when her deposition was taken.
NOT GUILTY .
NEW COURT.Wednesday, April 5th, 1837.
Sixth Jury, before Mr. Common Sergeant.
Reference Number: t18370403-966
966. JOHN DART was indicted for stealing, on the 8th of March, 1 shawl, value 10s., the goods of Caroline Hemmings; and I lookingglass and stand, value 10s.; the goods of Frances Mary Davis.
FEANCES MARY DAVIS . I am single, and live in Hoxton-town. I was in the room adjoining my shop, on the 8th of March, and heard a noiseI went into the shop and saw a manhe ran out, and I followed him down Edward-street and Sarah-streeta young man got over a wall, and got a shawl, which was my lodger'sI had seen it safe half an hour before the prisoner was overtakenI lost sight of him for about three minutesI believe he is the man I was following, but I had no distinct opportunity of seeing his face.
CAROLINE HEMMINGS . I lodge at this house. This is my shawlI had teen it safe a quarter of an hour beforeit was folded up.
STEPHEN STILES . I live in Edward-street. I saw the prisoner in the custody of SmithI got over the wall and picked up a shawl, about four or five feet from the wall, which was ten feet high.
WILLIAM SMITH . I am a pot-boy in Hoxton. I heard a cry of "Stop thief," and saw the prisoner run up Sarah-street, and throw something over a wallStiles got over and got this shawlI secured the prisoner at the corner of Sarah-streetthere was nobody in that street but him about that part.
Prisoner. I was coming down Edward-streeta man passed roe, and Mr. Holton took me to the cornerSmith came and took bold of me, add got the policeman, who was qnite drunk.
GUILTY .* Aged 23. Confined Six Months; Three Weeks Solitary.
Reference Number: t18370403-967
967. HARRIETT HARRIS was indicted for stealing, on the 13th of March, 27 yards of printed cotton, value 28s. 6d.; two handkerchiefs, value 7s.; and 4 yards of calico, value 1s. 4d.; the goods of Francis Edwards.
FRANCIS EDWARDS . I live in Newgate-street, and am a tailor. I have known the prisoner from a childshe came to my house about nine o'clock in the morning, on the 13th of March, and asked me for some cotton dressesshe selected three, and two handkerchiefs, and some lining for Her mother to look atshe was to return what her mother did not approve ofI gave her three dresses of printed cotton, two handkerchiefs, and some calico for liningshe said they were for her mother to make choice of onethese are two of them.
EDWARD SMITH . I am assistant to Mr. Muncaster, pawnbroker, Jewin-street. I produce one piece of printed cotton, containing nine yards and a half, pledged on the 13th of March, by a womanI cannot say whothis is the counterpart of the duplicate.
CHARLES BASH . I live in Goswell-street, and am a pawnbroker. I have eight yards of printed cotton, pawned on the 13th of March by a femaleI have no recollection of the prisonerthis is the counterpart of the duplicate I gave.
JOHN DROVER (City police constable 23.) I took the prisoner into custody in Barbican, and found nine duplicates on hertwo of them correspond with those the pawnbrokers produce.
LETTY AYRES . The prisoner is my daughter. I did not send her for these things.
GUILTY . Aged 18.Recommended to mercy.
(See 8th day, New Court.)
Reference Number: t18370403-968
968. GEORGE JONES was indicted for stealing, on the 16th of march, 1 yard of canvass, value 6d.; and 60lbs. weight of coffee, value 4l. 15s.; the goods of Henry Thomas Church.2nd COUNT, stating them to be the goods of Richard Osborne.
RICHARD OSBORNE . I am carrier to St. Alban's. I took this parcel from the Cross Keys, St. John-street, on Thursday evening, the 13th of MarchI had it when I was at Carron Wharf, Thames-street, and missed it when I got to Holborn-hill, from the fore part of my wagonI had not left the wagonit was a little before seven o'clock in the evening, and dark.
Cross-examined by MR. DOANE. Q. Had you other sacks of this description? A. No otherit is rather heavythe tailboard was upit is a half-tilted wagonthis lay by the side of the hind hoopsI walked by the horsesthe other goods were not piled upsome one might have got in and pulled it out.
JURY. Q. Was your wagon loaded? A. I had about 1500lbs. WeightI had five firkins of butter, and other thingsthis was laid at the butter, by the side of the wagon.
JOSEPH WILD . I am warehouseman to a grocer. I put up 60lbs. of coffee in a wrapper, like this, for Henry Thomas Churchthis is my writing, and was on the parcel.
Cross-examined. Q. Is this your writing? A. Yesthis 30lbs.I tied it round the parcel myselfI had not sent other bags of coffee to other peopleI did not the day before write 30lbs. nor put up any similar parcel.
RICHARD OSBORNE re-examined. This is the bag I received for Henry Thomas ChurchI took it from the Cross Keys, St. John-streetit could not have fallen out of the wagon.
JOHN FARMER . I am a patrol of Farringdon. I was on duty in Bristow-street, Blackfriars, and I saw the prisoner just before seven o'clock in the evening, with this truss upon his backI followed him to St. Paul's Churchyardwhen he got there he called a cab, and asked the driver what be would take him to the Saracen's Head, Aldgate, forhe said ls.the prisoner said he would give 8d.I saw the direction on the packageI went to Cheapside, and saw the cab go down St. Martin's le Grand-before I could stop it, it got to Camomile-streetI stopped it, and asked what the prisoner had got therehe said a parcel to go to St. Alban'sa man had given it him who came out of Farringdon-streetI opened the parcel, and found this paper on it.
GUILTY . Aged 19.Recommended to mercy. Confined Six Months; Three Weeks Solitary.
Reference Number: t18370403-969
969. JAMES COOK was indicted for stealing, on the 5th of March, 1 coat, value 5l., the goods of Ann Tatnett.2nd COUNT, stating it to be the goods of Charles Wilkinson.
CHARLES WILKINSON . I am coachman to Ann Tatnett. Her stables are in Glo'ster Mews. On the 5th of March, between one and two o'clock, a man called me into George-street, and I there saw the prisoner runninghe had nothing thena coachman, a neighbour, collared himI brought him back to my stable, and took him towards the station-house, for stealing my box coat, which I had seen safe at one o'clock, on the boxthe prisoner begged of me to let him go, and said it was the first time he had ever stolen any thingthis is my mistress's coat.
GEORGE KING . I live in South-street, with my mother. I was passing through Glo'ster Mews, and saw the prisoner step on the coach-wheel, and
take the coat and run off with itI ran after him, hallooing out "Stop thief, "he dropped the coat, and a man took it up who it not hereI saw the prisoner stopped by a coachmanI am sure he it the man who took it.
JOHN RYAN (police-sergeant D 2.) The prisoner was given into my custodyhe said it was the first coat he had ever taken, and he would never do the like againI got from him two shillings, a halfpenny, twelve duplicates of an umbrella, and carpenters' tools, and other things.
GUILTY .Aged 23. Transported for Seven Years.
Reference Number: t18370403-970
970. THOMAS HENLEY was indicted for stealing, on the 23rd of January, 18 sovereigns, 8 half-sovereigns, and 1 £5 Bank-note; the property of Richard Bayliff.
RICHARD BAILIFF . I live in Queen-street, Hoxton, and am a hat manufacturer. The prisoner was in my employ about one yearon the 23rd of January, about two o'clock, I gave him eighteen sovereigns, eight half-sovereigns, and a£5 note, to take to the London and Westminster Bank, in Throgmorton-streetI saw no more of him till the 4th of March, when he was brought to me by an officerthe money has not been credited to my account at the Bankhe had the pass-book, and took it awayI saw no more of it.
CHARLES KENNEDY . I am eleven years old. I was present when this money was given to the prisoner, it was 22l. in money and a£5 noteI noticed that he turned red in the face.
CHARLES JAMES REEVES . I am clerk in the London and Westminster Bank, in Throgmorton-street. It is my duty to look over the accountsI have looked to the prosecutor's accountthere is no account of 27l. paid on the 23rd of January.
JAMES HANLEY . I am an officer. On the 4th of March the prisoner was brought to me by a Liverpool officerI asked him what had become of the bookhe said he had made away with it.
GUILTY . Aged 25. Transported for Seven Years.
Reference Number: t18370403-971
971. THOMAS HANSCOMB was indicted for stealing, on the 3rd of March, 1 fork, value 10s.; and 1 spoon, value 10s.; the goods of Osman Giddy, his master.
OSMAN GIDDY . The prisoner lived with me at errand boy for about three months. I missed this spoon and fork on the 3rd of March.
WILLIAM HENRY MEAGLE . I live with Mr. Motto, a pawnbroker. The prisoner brought this spoon and fork to pledgehe said hit mother tent himI detained him, and called a policemanI suspected him because he gave a different initial to what was on the property.
GEORGE ELLIS (police-constable C 66.) I was called, and the prisoner and the things were given to me.
Prisoner. It is my first offenceI throw myself on the mercy of the Court.
GUILTY . Aged 16.
Reference Number: t18370403-972
972. THOMAS HANSCOMB was again indicted for stealing on the 28th of February, 2 spoons, value 5s., the goods of Osman Giddy, his master.
OSMAN GIDDY . I lost these two other spoonsI cannot say when.
JOHN LINSCOTT . I am a pawnbroker, and live at Mr. Campbell's, at
Knightsbridge. These two spoons were pledged by the prisoner on the 28th of February.
GUILTY . Aged 16. Confined Six Months; Three Weeks Solitary.
Reference Number: t18370403-973
973. MARIA DAVIS was indicted for stealing, on the 8th of March, 2 spoons, value 10s., the goods of Francis Aulaguier.
CATHERINE PERRY . I live in Old Cavendish-street, with Francis Aulaguier. The prisoner was employed as washerwomanshe came for half a day on the 8th of Marchshe went away at one o'clockI went to the plate, and missed two spoonsI had seen them safe about ten o'clock, on the breakfast tablethese are them.
ANDREW VALLANCE (police-sergeant C 11.) I went with Catherine Perry to the prisoner's lodgings, in Oxford-buildings, on the evening of the 8th of MarchI asked the prisoner where the spoons were, and she told her sister to go to Mrs. Mellon, where she had left them, and there I found themit was in the same house as she lived.
ELIZABETH MELLON . About seven o'clock the prisoner brought me these spoons, and asked me to let her leave them till the morning.
Prisoner. I thought I would go back with them in the morningI could have made away with them, but I was sorry for what I had done.
CATHERINE PERRY re-examined. She was not to have come again on following the morning.
GUILTY . Aged 39. Confined Three Months.
Reference Number: t18370403-974
974. SARAH BUSH was indicted for stealing, on the 3rd of March, 2 spoons, value 4s., the goods of Benjamin Acroyd.
BENJAMIN ACROYD . I live in Hall-street, St. Luke's. My wife, who is a brush-maker, employed the prisoner for three daysI saw one of these spoons on Saturday night, and the other on the Thursday, at tea timeI missed them on the Sunday morningthe prisoner had left us on Saturday evening, about six or seven o'clockI suspected her, and went to the address she gave, which was falseI got her right address at lastshe was denied being at home by a younger sister, but I said I wanted her to do some work the next morning, and then the prisoner came up from the kitchenI said, "I suppose you know what I come about"she said, "No, I don't; I am innocent"I had not then said what it wasI said, "Give me the ticket"she said she had none; she had sold themI sent for an officer, and took her.
Prisoner. He said if I would tell him he would forgive me. Witness. No, I did notthese are my spoons.
LEWIS DE FONTAINE . I keep a silversmith's shop at Somers Town. I purchased one of these spoons on the Saturday evening of the prisoner, for 2s. 6d.she said she worked in the dust, and found itthe other was found in my possession, but I do not know who took it inI did not.
Prisoner. I did it in distress.
GUILTY . Aged 19. Confined Two Months; One Week Solitary.
Reference Number: t18370403-975
975. GEORGE FERDINANDO and PETER HALL were indicted for stealing, on the 6th of March, 1 pair of scales, value 5s., the goods of William Parsons.
WILLIAM PARSONS . I live in Union-row, High-street, Bow, and am an upholsterer. These scales are mineI saw them safe about twelve o'clock on the 4th of Marchthey were brought to me again about three o'clockthey had been hanging on the sill of the doorI sell scales.
THOMAS GOODRICH (police-constable K 148.) I was on duty, and saw the
prisoner Hall take the scaleshe gave them to Ferdinando, who was by his side, and they ran awayI pursued and took themhe dropped the scales about twenty yards from the shop.
HENRY MILES (police-constable K 235.) I saw Hall take them off, and give them to the other prisoner.
Ferdinando. It was done from hunger.
(The prisoners received a good character.)
FERDINANDO GUILTY . Aged 15. Confined Two Weeks; One Week Solitary, and Whipped.
HALL GUILTY . Aged 15. Confined One Week.
Reference Number: t18370403-976
976. DAYID SAWYER was indicted for stealing, on the 5th of March, 1 bag, value 1s.; and 109lbs. weight of lead, value 18s.; the goods of Elizabeth Chabot; the said lead being fixed to a certain building; against the Statute, &c.
ELIZABETH CHABOT . I am a widow, living in Bath-street, Tabernacle-square. This bag is mineI saw it safe on Sunday evening, the 5th of March, in the yard adjoining my houseon the Monday morning my neighbour came and awoke me, I looked through the window, and missed the bag, and then I missed this lead, which had been fixed along the gutter of the roof of my premisesthis is about half the lead, I suppose(looking at some.)
JAMES SIMMONS (police-constable G 159.) I was in Curtain-roadI stopped the prisoner about ten minutes past nine o'clock on Wednesday night, the 8th, with this bag and leadI asked what he had gothe made no reply, but tried to throw it on my legs," and away he ranI called, "Stop thiefWeed stopped him, and brought him back to me, while I took care of the propertyI went to the prosecutrix's house, and fitted the lead, and it matched exactlyI have no doubt it came from there.
JOSEPH WEED (police-constable G 114.) I heard the cry, "Stop thief, "I pursued, and in New-inn-yard I met the prisonerI asked what that hue and cry washe said he had run foul of a boyI said, "You have no objection to go back with me"he said, noI took him back, and saw Simmonds.
GEORGE AVERY (police-constable G 5.) I heard the cry of "Stop thief;" and saw the prisoner runninghe was taken back, I took him, and the other officers took the leadhe said he knew nothing of the leadI fitted it to the house, and it matched exactly.
GUILTY .* Aged 20. Transported for Seven Years.
Reference Number: t18370403-977
977. WILLIAM BOWDEN was indicted for stealing, on the 20th of February, 1 box, value 2s.; 1 waistcoat, value 4s.; 3 shirts, value 6s.; 1 pair of trowsers, value 3J.; 1 pair of shoes, value 1s. 6d.; 2 pairs of stockings, value 1s.; 1 handkerchief, value 6d.; and 3 collars, value 6d.; the goods of Edward Thomas Eastman.
EDWARD THOMAS EASTMAN . I came from Sheerness, in the steam-boat, on Monday, the 20th of FebruaryI landed at Nicholson's Wharf, and went to Poole's public-houseI saw the prisoner sitting theremy friend, who was with me, is a baker, and the prisoner said he was the same, and asked if he should carry my boxI agreed that he should, he was to take it to the Boroughit contained the articles statedI went on to London-bridge, and then recollected that I wished to communicate with a friend who was going down to Sheernessthe prisoner was behind
me, but while I was looking about, he and the box were gonethis was between three and four o'clockI saw the box at Lambeth-street office on Friday, a fortnight after the loss, with all the things, except the trowsers and shoes.
Prisoner. There were no shoes in it. Witness. Yes, there were.
JOHN DALE (police-constable H 56.) I received information, and went to a coffee-shop, and found this box, with these articles in it, which the prosecutor identified.
SARAH PROBERT . I keep a coffee-shop in Park-street, Ratcliffe-high-way. The prisoner came in for some coffee on the 20th of March, and brought the box under his armhe left it there, and the officer had it.
WILLIAM CLAY (police-constable 278.) I took the prisoner, and found these handkerchiefs on him, and this waistcoat I got from Birch.
FREDERICK BIRCH . I got this waistcoat from the prisonerI exchanged mine with him for it.
Prisoner's Defence. He said he must go and bid his friend farewell-while on the wharf I missed himI then took the box to a coffee-house, till I could find himbut being pressed with hunger, I took the trowsers out, and disposed of them.
GUILTY . Aged 21. Confined Three Months.
Reference Number: t18370403-978
978. WILLIAM GREEN was indicted for stealing, on the 9th of April, 1 dead fowl, value 2s. 6d., the goods of John Stickland; to which he pleaded
GUILTY . Transported for Seven Years; Penitentiary.
Reference Number: t18370403-979
979. LOUISA DARBY was indicted for stealing, on the 23rd of February, 1 shawl, value 8s., the goods of Jane Payze.
JANE PAYZE . I live with Mrs. Martin, in Cock-hill, Ratciffe; she keeps a milliner's shop. On the 23rd of February, a person came to the hop, she had the appearance of the prisoner, but I cannot say whether it was her or notshe had a bonnet on, the same that she had on before the Magistrate, a red bonnet with white ribbonsafter she went away, I missed a kind of plum-coloured shawlthis is ithere is a place where I mended it in the morningit was taken away by the person who came into the shopI believe she is the woman.
MARY ANN MARTIN . I am the wife of Thomas Martin. I was called from the kitchen to the shopI saw a young woman with a crimson bonnet and white satin ribbonsI cannot say who it wasshe was about the prisoner's heightshe ordered a merino bonnet, and said she would come on the Friday for itthe prisoner came for it and was taken by the policeman at my shop, and the girl swore to the shawl, that was on her shouldersthat was three weeks all but a day from the time it was taken.
CHARLES NOLAN (police-constable 275.) I was called, and took the prisonershe had this shawl on.
Prisoner. I met a young woman, and gave her 4s. for the shawl.
NOT GUILTY .
Reference Number: t18370403-980
980. GEORGE WYATT was indicted for stealing, on the 4th of March, 1 money-pot, value 1s.; 3 half-crowns, and 6 shillings; the goods and monies of John Henry Parrott.
MARY ANN PARROTT . I am the wife of John Henry Parrott, of Mount-street, Bethnal Greenhe is a dealer in coke. My husband found the prisoner without father or mother, and brought him home, and told me to fill his bellythat was on the Monday before the 4th of Marchhe went with
my husband to tell a little cokeon the Saturday between seven and eight o'clock in the evening, I left him to clean my knives, while I went up stairswhen I came down, he was goneI then missed a money-potcontaining three half-crowns, and six shillingshe had left a sixpence, which I had given him, in a drawer.
RICHARD COOPER (police-constable H 85.) I saw the prisoner in Essex-street, the same evening about half-past eight o'clockhe was running past meI heard a cry of "Stop thief"he ran down Martin's-courtI caught him, and asked him what he had done with the moneyhe said he had hid it against a step of a doorI got a light, and found sixpencehe said he had taken one shilling, but he knew nothing of the money-poton the Monday, he said he would not mind taking six months, and say no more about it.
GUILTY .Aged 15. Transported for Seven Years.
Reference Number: t18370403-981
981. EDWARD TAITE was indicted for stealing, on the 8th of March, 3 1/2 lbs. weight of bacon, value 2s., 4d., the goods of James Butt Coleman; and that he had been before convicted of felony.
JAMES BUTT COLEMAN . I am a cheesemonger, and live in Ironmonger-row, 8t Luke's. On the 8th of March, I received information, and missed a piece of baconI saw the prisoner runningI pursued, and cried "Stop thief"he was met by the policeman, who took himhe gave me the bacon.
BENJAMIN HAWKINS (police-constable G 78.) I met the prisoner runningI found a quartern loaf on him and 1s. 6 1/4 d.while I was searching him, he gave the bacon to the prosecutor.
Prisoner's Defence. I saw a piece of bacon lying on the step of the doorI was in great distress and hunger, and picked it upI put it under my arm.
MATTHEW PEAK (police-constable G 188.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office(read)the prisoner is the man.
GUILTY . Aged 59. Confined One Year; Three Weeks Solitary.
Reference Number: t18370403-982
982. JOHN WEST was indicted for stealing, on the 8th of March, 1 candlestick, value 2s. 6d.; the goods of John Adams.
ELLIN ADAMS . I am the wife of John Adams; he keeps the Black Horse, Fieldgate-street, Whitechapel. About half-past ten o'clock, on the morning of the 8th of March, the prisoner came and asked for a pint of alemy servant said somethingI lifted up his jacket and found this candle-stickhe was going out of the door.
JAMES HOWARD (police-constable H 105.) I took the prisoner, and have the candlestick.
Prisoner. I got very tipsy, and did not know what to do.
GUILTY . Aged 34. Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-983
983. JOHN AYRES was indicted for stealing, on the 27th of March, 1 coat, value 10s., the goods of William Henry Fleming.
THOMAS LINSCOTT . I am an assistant to Mr. William Henry Fleming, a pawnbroker of Farringdon-street. On the 27th of March, about one o'clock, a gentleman called and said we had lost a coatthere were five inside the door, and I missed onethe gentleman pointed out the prisoner to meI pursued and took him with the coat on him.
GUILTY . Aged 30. Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-984
984. HENRY JONES was indicted for stealing, on the 12th of March 2 pewter pots, value 1s. 6d., the goods of Thomas Wells; to which he pleaded
GUILTY . Aged 35. Confined Three Months; Three Weeks Solitary.
Fifth Jury, before Mr. Sergeant A rabin.
Reference Number: t18370403-985
985. SHADRACH CAVE was indicted for stealing, on the 2nd of March, 51 yards of ribbon, value 17s.; 120 yards of net, value 20s., 15 yards of cambric, value 15s. 9d.; 24 handkerchiefs, value 9s. 10d.; 14 shawls, value 5l. 3s.; 2lbs. weight of sewing-cotton, value 4s.; 720 yards of wire-ribbon, value 8s.; 288 stay-laces, value 18s.; 220 pieces of tape, value 19s.; 61bs. weight of worsted, value 14s.; 2 pieces of buckram, value 9s.; and 121bs. weight of sewing-silk, value 13s.; the goods of Samuel Williams and another.2nd COUNT, stating them to be the goods of Alexander Thwaites.
SAMUEL WILLIAMS . I am proprietor of the Reading stage-coach, jointly with my father. I knew nothing of this parcel till I recovered it it Colnbrookit was a brown paper parcelI found it in a sack on Saturday, the 4th of MarchRichard Bates, the landlord of the Wheel, showed it meit contained all the articles stated in the indictmentColnbrook is not the usual road to Readingit is one road, but is between four and five miles from the road my coach generally goesI have seen the prisoner on the road, but I do not know himI have the way-bill herethese goods were directed to Mr. Alexander Thwaites, of Reading, and it was to be carried by my coach to Readingit is entered, "Thwaites, P. P., "meaning paper parcel, and there is "not come" written against it.
SIMEON MILES . I am porter to Messrs. Coster and Co. On the 2nd of March I took a parcel of theirs to the Black Lion, Water-laneI booked it, and paid 2d. for itit was directed to Mr. Thwaites, of Reading, to go by Mr. Williams's Reading coachthis is it.
JOSIAH DENNIS . I am employed by Coster and Co., to enter the goods that are soldI directed this parcel, but did not make it upI have seen a portion of the contents, which have our private mark on themI have no doubt that these were the goods sent from our warehouse.
CHARLES BARTLETT . I am porter at the Black Lion. I remember taking the parcel from the man's shoulderI placed it on the Reading coach, and strapped it on, on Thursday, the 2nd of March.
WILLIAM KEEVIL . I am Mr. George's wagoner, at Reading. On the 3rd of March I was coming from Reading to LondonI stopped at a public-house at Twyford, about thirty-four miles from Londonwe prisoner came to the wagon and brought this sack, he put it on the tail of my wagon, then he got on the tail, and put it into the wagon, and got down againI got up my articles, and then startedhe got up and went on about six miles, then he left the wagon, and went after a coach that was coming to Londonhe got on the top of the coach to ride, and he left the sack with meI suspected he had something there that he ought not to haveI untied it, and found this parcel of things, and a letter directed to Mr. Thwaites, of ReadingI put it all into the sack again, and tied it upI came on to Slough, and the prisoner came to me again, and asked if I would get up and rideI said I did not care about ridinghe said he would drive if I would get upI got up and shot the parcel into the wagon, and shut it upI then got down, and asked him where he was going to take the sack tohe said, "To LondonI said, "I do not think you arc now"he said, "Why?"I said,
"think you have got something there that don't belong to you"I asked where he got it fromhe would not tell mehe walked with me till within about a mile of Coin brook, and then he left me, and ran after another coachwhen I got on farther I stopped, and put the sack into Mr. Bates's careI am sure the prisoner is the same person.
RICHARD BATES . I live at Colnbrook. Keevil brought me the sack, and I locked it up, and delivered the same to Mr. Williams.
WILLIAM DILLON . I am a coachman. I was driving Williams's Reading coach on Thursday, the 2nd of MarchI never saw this parcelin the way-bill there is a paper parcel entered for Mr. Thwaites, of Readingthat parcel did not arrivethere was a man by the coach, but I do not know himI drove the coachat Egham a man asked the horsekeeper for a rideI let him ridehe rode from there to Oakinghamhe gave me nothing, nor the horsekeeperhe said he brought a horse to Reading for my employerI did not speak to himI do not know whether it was the prisonerit might behe sat on the hind part of the coach.
WILLIAM HGWLETT (police-constable F 151.) I apprehended the prisoner in King William-street on a former charge.
THOMAS HAWKINS . I am guard to Mr. George's wagon. On the 2nd of March I saw Mr. Williams's coach at HammersmithI was walking along the side of the horses, and saw the prisoner sitting on the coach, behind.
Prisoner. I came home at a quarter before eight o'clock, and saw the parcel in the roadI put it into the sack, and brought it up to Colnbrook, where I left it till I could hear of it.
GUILTY . Aged 21. Transported for Seven Years.
Reference Number: t18370403-986
986. JOHN KEEFE and HENRY WHEELER were indicted for stealing, on the 13th of March, 1 work-box, value 18s.; 2 paintings and frames, value 3l.; and 2 printed books, value 3s.; the goods of William Walbancke.
HENRY ALLEN . I am a policeman. I was on duty on the 13th of March, in Islington-road, at half-past eight o'clock at nightI saw the prisoners and another boyI had some suspicion, and crossed over to themI saw Keefe get behind the other one, and he threw down a boxthey all ran offI followed and took the prisonersI returned to the spot and found this box; and two mornings after, this book was found in an area which they had run past.
WILLIAM WALBANCKE . This is my box, and these boots are mine. I lost them from my house, No. 2, Stonefield-street, Islingtonthey were in the front parlourI had seen them there about seven o'clock in the evening, or half-past six o'clockI found my parlour window was open.
JOHN CAREW . I found these two pictures on the 14th, at the back of White Conduit-gardens.
WILLIAM WALBANCKE . These are mine, and were taken at the same time.
Keefe. I went with this boy to take some things to his mother's, who is a washerwomanhe ran over to the curb and picked up this box and gave it me.
wheeler. I took up the boxit was in a red handkerchief, and this young man cried out, "Halves, halves"I then dropped it, and we ran: away.
(The prisoners received good characters.)
KEEFE GUILTY . Aged 15.
WHEELER GUILTY . Aged 15.
Confined Three Months.
Reference Number: t18370403-987
987. JOHN WATTS SHEPHERD was indicted for stealing, on the 10th of March, 1 drugget, value 10s., the goods of Thomas Hodges.
WILLIAM COOK . I am a shoemaker. I saw the prisoner take this drugget off some drawers at Mr. Thomas Hodges's, a broker's shop in Golden-lanebetween seven and eight o'clock on a Friday eveninghe went up Golden-lane, rolling it uphe conveyed himself through one of the alleys, and I could not see him afterthe drugget has not been found.
Cross-examined by MR. PHILLIPS. Q. Did you call "Stop thief?" A. No, but another man didhe ran when he came to this alleyhe Was not running exactlyI was talking to a gentleman at the timeI and the gentleman walked up Golden-laneI had no authority to take himI did say at the police-office that he walked awayhe was on the trot.
ROBERT WILLIAM DAWES . I live near Mr. Hodges. I saw the prisoner with the druggethe passed my father's shop doorit is on the same sideI knew him wellhis brother was in the same school that I was.
Cross-examined. Q. Was he walking? A. He was walking quicklyI know the druggetI had seen it the same nightI did not see Mr. Cookthe drugget was underneath his arm, and he kept rolling it upI think it was about half-past seven o'clockit was darkI was accrued of stealing one shilling from my father onceit was not in my stocking, because I put it into my pocket.
JOHN JONES (police-constable G 158.) I took the prisoner between seven and eight o'clock in the evening of the 10th of March.
THOMAS HODGES . I keep a broker's shop. On the 10th of March I went out in the morning, and came home at nine o'clock, and this drugget was goneit was a dark colour.
Cross-examined. Q. What do you mean by dark? A. A dark. brown, with a stripe through it.
NOT GUILTY .
Reference Number: t18370403-988
988. JOHN BROWN was indicted for stealing, on the 17th of March, 3 pewter pots, value 1s. 6d., the goods of John Pettinger.
MICHAEL ADAMS . I am servant to John Pettinger, who keeps the City Arms, City-road. On the 17th of March I saw the prisoner walk in at the back door, and take three pint pots off the window-seat of the pot-houseI got down stairs before he got twenty yardsI took him, and brought him backI knew him before, and have given him several meals in the place.
RICHARD REASONS . I am a policeman. The prisoner was given me, with these pots, on the 17th of March.
Prisoner. I did it through distress.
GUILTY . Aged 45.Recommended to mercy. Confined Six Weeks.
Reference Number: t18370403-989
989. ALFRED DAVIS alias John Williams , and GEORGE MARSH, alias George Davis, alias John Jones , were indicted for stealing, on the 9th of March, 1 shirt, value 2s. 6d., the goods of Mary Richards; and that Alfred Davis had been before convicted of felony.
RICHARD HANCOCK . I am a policeman. On the 9th of March, about twenty minutes before eight o'clock in the evening, I was in King-street, Hammersmith, about a mile from the prosecutor'sI saw the two pritoners, and stopped them, from information I had receivedthere was another with them, who made his escapeI searched Davis, who had got his coat buttoned upI said, "What have you got there?"he said "Nothing"I took this shirt from himtook them to the station, and then he said he had picked it upon the other I found nothing.
MARY RICHARDS . I live at Kensington. I take in washingthis is a shirt I washed for a servantit was taken away from the line in the mews where I lire, at the hack of Mr. Phillimore'sf hung it out to dry about two o'clock, and did not miss it till the officer brought it.
ALFRED BLUNDELL . I am a policeman. I produce a certificate of the prisoner Davis's former conviction of felony, which I got at Mr. Clark's office(read)the prisoner is the person.
DAVIS GUILTY . Aged 15. Transported for Seven Years.
MARSH NOT GUILTY .
OLD COURT.Thursday, April 6th, 1887.
Second Jury, before Mr. Sergeant Arabin.
Reference Number: t18370403-990
990. JAMES DANCER was indicted for stealing, on the 20th of March; 2 1/2 lbs. weight of bacon, value 1s., the goods of Joseph Bassett.
JOSEPH BASSETT . I keep a shop at Uxbridge. On the 20th of March, the prisoner came, and bought a 1/4 lb. of cooked meatwhen he went out, I missed 2 1/2 b. of baconI went out and found him about five yards from the shop, in the act of putting it down on the groundI gave him in chargeI knew him before.
Prisoner. Q. Have I not always paid my way, and borne a good cha racter? A. I am sorry to say very differenthe came to my shop every night, and I generally lost baconhe used to watch me out.
GILES HUTSON . I saw the prisoner take the bacon out of the window.
(The prisoner pleaded poverty.)
GUILTY . Aged 45. Transported for Seven Years.
Before Lord Chief Justice Tindal.
Reference Number: t18370403-991
991. ELIZABETH HARRIS was indicted for feloniously uttering and publishing a forged and counterfeit authority, to receive the pension of Richard Stockings, as follows"I hereby authorise Elizabeth Harris to receive my pension now dueDated this 3rd day of October, 1836Rd. Stockings, X his markWitness, Wm. Twisden, 47, Elliott's-row, Southwark"with intent to defraud our Lord the Kingwell knowing the tame to be forged.3 other COUNTS varying the manner of hying the charge.
MESSRS. ADOLPHUS and GURNEY conducted the Prosecution.
JOHN SMITH GRAHAM . I am paymaster of the Greenwich out-pensioners. My office is on Tower-hillI did not know Richard StockingsI know the prisonerI think the first time I saw her was about two years and a half agoshe came by herself and received Stockings's pensionshe continued to receive it afterwardsit was payable quarterlyshe came on the 3rd of October last, and produced this paper to me, and upon that, she was Paid the pension, 8l. 7s. by my pay-clerk in my presencethis is his writing on iton the 3rd of January I saw the prisoner again at my office, and either I or my clerk told her we understood that Stockings was deadshe said she could not understand how the report originated, for she had seen him alive and well, about an hour ago.
Cross-examined by MR. PHILLIPS. Q. What age was Stockings? A. I believe about seventy-threeI understand he lived in the prisoner's house.
SAMUEL LOUBRIDGE BELLAMY . I am a medical man, and live in Bridge-house-place, Southwark. I knew Richard Stockings, the pensioner, about
six years agohe was then about seventy, I supposehe then lived in Little Union-street, and had a wifein consequence of an application from his wife, I went to see himhe was in an infirm state; confined to his bed with rheumatic gout, and could not go outI gave my certificate of his illness to his wife, to be presented at the Pension Officehe was not living in the prisoner's house thenthey afterwards removed to Ropemaker's walk, and afterwards to the prisoner's house in the Mintthe prisoner began to accompany his wife to get the certificate renewed about two yean and a half agoshe came about twice in company with the wifeafler that he came to me and said Mr. Stockings wished to see me; that his wife had ill-used him, and he did not wish me to give her any further certificatesI went and saw him, and he confirmed what the prisoner saidin conesquence of that, I delivered the certificates to the prisoner every quarter, at the applied for themshe had been to me subsequent to July lastI invariably inquired of her about the deceased every quarter she applied for the certificate, as they had represented he was going to the hospitalI always inquired of the prisoner why he was not got into the hospital, and inquired about his healthshe said, in October, that they had not been able to get him into Greenwich hospitalin October last I gave her this certificatethe only writing of mine on this certificate is that above my signaturethere was nothing else on the paper at the time I gave the certificateI only wrote the certificate and signature(reads)"I hereby certify that Mr. Richard Stockings is prevented applying for his pension, being confined to his bed with rheumatic gout. (Signed) S. L. BELLAMY. Dated October 3rd, 1836"when I had written that, I delivered it to herit was my own paperthere was nothing on it before I wrote on it.
Cross-examined. Q. When did you last see Stockings? A. About two years ago, I thinkhe was then bed-riddenI did not speak to him about going to the hospitalhe required attentionhis limbs were affectedhe could feed himself, but was obliged to be helped in and out of bedI do not know whether his wife is alivethe last time I saw her was about two years agoshe was not attending on him then, but the prisoner was.
JAMES RATCLIFFE . I am a shoemaker, and live in Union-street, London-road. I knew the prisoner as a neighbour for about twelve monthsshe lived about a dozen yards from my houseI did not know StockingsI understood from her that he was a pensioner, and have heard her call to Mr. Stockingsin July last she asked me if I would go on an errand for her to pledge a bed, for some money to buy a coffin to put Stockings under the groundI did so and got a sovereignshe told me she had paid 12s. for a coffinI saw the funeral come out of the door, on the 15th of July, I think, for I pawned the bed on the 14thshe did not tell me where he was buried.
Cross-examined. Q. What kind of a house did the prisoner life in?. A. A two-roomed houseI believe she has two daughterswhen I went with the money, she asked me if I would go up and see Stockings, and went up and saw the corpseshe seemed very much cut up.
MR. ADOLPHUS. Q. Her daughters are married? A. Yes.
THOMAS DUNCKLEY . I am an undertaker, and live in Tower-street, Westminster-road. In July last the prisoner came to me with a printed parish order for the funeral of Stockings, (I am undertaker for the parish of St. John,) for which I was to find a deal coffin to put him into, to cover it with a pall, and carry him to the gravethat is the humblest mode of burialI went to her house and saw the body, and agreed with her to
receive 12s. from her beyond what the parish allowed, and I was to find an elm coffin, perfectly plain, without any ornaments outside, or any thing inside I took it myself, and she paid me for itI would not leave it without the money, for the house was in a most distressing stateI helped to carry the body to the graveI met her about a month after the funeral in the neighbourhood, and she asked me if I would write on a piece of paper, stating as to when Stockings died, and to place it, to the best of my recollection, backwards or forwards, that she might obtain the pensionI rather think it was forwardsI was to state his name and age, when he died, and when he was buriedI refused giving her any thing but a correct copy from the parish order.
Cross-examined. Q. What did she say about backwards or forwards? A. Her intention was to have it forwardI said I would write her a correct B. copy, and leave it for her to call forthat was all that pawed thenI did C. so, and it laid there a month.
MR. BELLAMY re-examined. Q. There is a fold in this paper; will you undertake to swear, when you signed it, it was not folded in that manner? A. Yes, I willI recollect that it was notit was a sheet of paper out of my own desk.
SAMUEL THINTLE . I am a clerk in the Admiralty Office. I produce an Admiralty order for Richard Stockings to receive an out-pensionI know the hand-writing of the Lords of the Admiralty who have signed ithis pension was 33l. 8s.
DASH. I am cousin to George Dash, who was chief clerk in the wages department, Navy Office, Somerset-house. He is deadI know; his hand-writingthis is his signatureI frequently, saw him writethis is called a certificate of service, and describes Richard Stockings at having been a midshipman, purser, and clerk.
GUILTY . Aged 36.Recommended to mercy. Transported for Seven Years.
Reference Number: t18370403-992
992. JOHN CHARLES TODD was indicted for feloniously embezzling and secreting a certain letter, containing a draft for the payment of 1l. 19s. 11d., which came into his possession by virtue of his employment as a letter-carrier in the General Post Office.Other COUNTS, varying the manner of laying the charge; to which he pleaded.
GUILTY . Transported for Seven Years.
Before Mr. Justice Littledale.
Reference Number: t18370403-993
993. WILLAM DUFFIN and GEORGE TAYLOR were indicted for feloniously assaulting Mary Catherine Rosalie Pistell, on the 1st of March, putting her in fear, and taking from her person, and against her will 1 purse, value 6d.; 1 half-sovereign, 2 half-crowns, 1 shilling' and 1 sixpence; her goods and monies.
MR. DOANE conducted the Prosecution.
MARY CATHERINE ROSALIE PISTELL . I live at Hayes. On the evening of the 4th of March, between seven and eight o'clock, I heard a ring at my gateit was not long after I had lighted my candleI had no watchit was quite duskI opened the door, and went out to the garden door in front of my house, and asked who it wasit is a close gate, so. that I could not see who was outsidethe answer was, "A parcel"I" said, "Where from?"the answer was, "From the Angel inn"there is an inn of that name at HayesI said, "By what coach?"the answer was, "I don't know"I said, "What, carry a parcel from the Angel, and
not know the name of the coach?"they at last gave me the name of Tollett's coachI have heard there is such a coach thereI said "Very well, I will fetch a candle; and if I know the writing I will take the parcel but not else"I got a light, and opened the gate, and saw DuffinI just got a sight of him, and knew his voiceTaylor was with him-Duffin put his hand over my mouth, and said, "Your money"I said, "For God's sake don't hurt me, I have shown you so much lenity; I will give you what I have"Duffin said, "Now, let us have it"one of them came near my pocket, and I said, "Don't touch me; upon my soul you shall have it"Duffin put his hand on my face again, and scratched it, saying, "In your soul"I said to myself, "God forbid"Taylor then came towards my pocket, and I said to him, "Dare you touch me?" and put up my handI said, "I will give you my word and honour you hall have it"Taylor said, "Now, let us have it"I said I had half a sovereign which I would not part with if I wanted bread, but as I had promised it them they should have itit had been given to me by a very dear friendDuffin said, "That is what we want"Taylor had knocked the candle out of my hand directly I opened the gateI did not know his name then, but I knew him by sightI took my purse out of my pocketI do not know exactly what was in itI thought there was 30s. at first, but there was lessthere was half a sovereign, two half-crowns, one shilling, and a sixpenceI gave that to TaylorDuffin held me close, and if it had not been for a tree behind me I should have been thrown downDuffin held his hand over my mouth, and said, "Don't halloo"the money was in the purse I gave to themI was not alarmed in the least, which is most surprising; I am very thankful to my Maker for the preservation of my lifeI gave up the purse, as I considered my life was in danger.
Cross-examined by MR. PAYNE. Q. Is your real name Pistell? A. Yes; that is the nameI have gone by that name for years. Q. Have you always gone by the name of Pistell? A. That is not to be knownI never went by the name of Bond or BardenI live in a house by myselfI have only a little girl who comes occasionally; I find servants so very bad I have given up having anyI have never been confined for being out of my mind, thank Godmy solicitor is hereI mentioned before the Justice about having shown them so much lenity, but the clerk did not ask me any questionsit is two years ago that I bate been annoyed by DuffinI am not in the least frightened now, but I an very illI told the Justice that it was Duffin said "Now, let us have it;" and that I said, "Dont touch me; upon my soul you shall have it"I said my face was scratched, and showed itI told the Justice that I said as I had promised them the half-sovereign they should have itI sat up all night for protectionI sent the girl who attended on me, for Mr. Whittington, and informed himhe was the first person I saw after thisI did not see Spillman, the patrol, that night(looking at Spillman)I have never seen that man before, to my recollectionI thought at the moment that the persons who came wore caps; but when I heard the voice I knew to the contraryI could never be mistaken in the voiceit was so dark could not see the capsnext morning the horse-patrol brought the two prisoners handcuffed.
Q. Did you tell the patrol who brought the prisoners to you, that you could not swear to them? A. Nor never will I, till they send a summons to a proper Court I never would swearFair is not the man who took them
I did not tell Fair I could not swear to them, but I told it to the otherhe asked me not in a respectful way, but I forgive himI will be respectedI said "Whoever comes before me I will be respected"I told him I could not swear to themI never would do so, only in a court of justiceI meant that I would not do it before a patrolI said, "I cannot swear to them, how could I see them in the dark?"I told the magistrate that I knew them by their voicesno, I did notyes I did, before the magistrateI was very ill, and sat up all nightbut I did say itI have often seen Duffin before, to my sorrowI never could walk in my garden without great stones being thrown at me, particularly on a SundayI have heard Duffin speak before, or I could not know his voiceI have heard him speak when he came along with the gangthere is a gang in the neigh bourhoodI call them such when they behave in that mannerthere are tome left yetTaylor turned round to me that morning with great hardoesi of heart, and said, "You never saw me before"I turned round significantly and said, "I do not know that, "meaning that I hadI had seen him often before, along with the gangI am told he lives at UxbridgeI thought at first there was 30s. in the purse; but I gave Sophia, my little girl, 1l. to get what was necessary, and she brought me back 1s. 6d. and a half-crown.
MR. DOANE. Q. Why did you tell the patrol you could not swear to them? A. Because I did not like to answer a policeman on oath of any kind; when called before a court of justice I wouldwhen they said I matt come to Uxbridge, I said I was very ill, but I would go if it was necessary, ill as I wasI have not the least doubt the prisoners are the men who ill-treated me, and got my purse from me on the night in question.
COURT. Q. How long have you lived at Hayes? A. Since last Christmas twelvemonth, about a year and a halfI never saw Duffin before I came to live at Hayes.
GEORGE GODFREY . I am a constable of HayesI also occasionally work as gardener for the prosecutrix. On the evening of the first of March last, 1 was at the Carpenter's Arms beer shop at Hayes, near the prosecutrix's house, and about half-past five o'clock I saw both the prisoners therea person named George Rolfe asked me to drinkI told him I did not want any, as the old lady had just given me a glass of brandyon my saying that, Taylor said, "That would be a good place for a fellow to go up some night, to get a good lot of money "(meaning the prosecutrix's)I said, "No, you are quite deceived there, for she is a lady who keeps no money by her, nor any property"soon after that I went homewhen I went out I asked what o'clock it was, and was told it was half-past fiveI left the prisoners at the beer shopI went to bed at nine o'clockI was called up at half-past nine o'clock, and received information which induced me to look after the prisonersI went to Uxbridge with Lander the horse-patrol, and found them in bed together about half past one o'clock in the morningit is about two miles from HayesI searched Duffin's trowsers, but found nothing in themDuffin caught up a hat which was under the bed and doubled it up close to himLander insisted on seeing what he had got in it, and a half-crown and sixpence were found in it.
Cross-examined. Q. Who was present at the beer-shop, at the time you had the conversation with the two prisoners? A. Three or four moreRolfe was onehe is not here, and Mr. Welch, who is hereI did not go and tell the prosecutrix I had heard the prisoners talking about her house, not till after I heard she had been robbedmy house is about half a mile
from the prosecutrix's, and the beer-shop is about 400 yards from itMr. Whittington gave me the alarm.
ROBERT WELCH . I am landlord of the Carpenters'Arms. I saw the prisoners at my house on the evening of the 1st of MarchTaylor left at half-past six, and Duffin at seven o'clockthey were there most of the day, in and outI saw them again about a quarter past eight o'clock the same evening, both togetherI do not know whether I saw them come in, but I saw them in the housethey called for some beer, remained that about a quarter of an hour, and left togethermy house is 300 or 400 yards from the prosecutrix'sI think they had two pints of beer the last time, which they paid for in coppers.
MOSES LANDER . I am a horse-patrol. On Wednesday night, the 1st of March, I accompanied Godfrey to Uxbridge, and found the prisoners at HillingdonI searched Taylor's clothes on the bed, and found a shilling and some halfpenceDuffin picked up a hat from somewhere or other, after he was dressedI said, "What have you got in your hat?"I took hold of it, and he attempted to snatch it away from meI found in it a half-crown and a sixpence.
Cross-examined. Q. Was this Taylor's regular lodging? A. I believe it was, but not Duffin'she lives close by me, about two miles from there, with his sister.
MR. PAYNE called the following Witnesses for the Defence.
JOSEPH SPILLMAN . I am a horse-patrol. On the night of the robber;, I went to Mrs. Pistell's house between nine and ten o'clockshe was greatly confusedI asked her two or three questionsshe appeared to me like a woman rather deranged, or drunkI asked her how the men were dressedshe said she had seen them in the lane with caps on, a day or two beforewhen we went in, she ordered us to stand round, and she said, "This is the House of Commons, and I am the chairman, or chairwoman"I cannot tell whichit was one or the otherI put my hat on her table, and she ordered me to take it off, and said King William should not pot his hat on her tableI then left her, and told my brother officer, Lander, who lived nearly opposite, and Fair, to go on and see what she saidLander was not thereI told him when I met himthey know more of her than I do, as I live six miles off.
MR. DOANE. Q. Who was with you? A. Godfrey the constable, Mr. and Mrs. Whittingtont and their daughterI believe no one elseI believe they were all present when she said it was the House of Commons.
COURT. Q. Had you heard any description of the per sons of the prisoners? A. Yes, from the old ladyshe did not give me their names.
WILLIAM FAIR . I am a horse-patrol. I went to Mrs. Pistell's on the morning after the robbery, and found the prisoners there with Godfrey and Landerthe prosecutrix stated it was no use for her to go before a Magis trate, for she could not swear to them, as the candle was knocked out of her hand the instant she opened the door, and she had not any opportunity of seeing their facesshe did not say any thing in my presence about knowing them by their voicesI have lived in that neighbourhood twelve yearsI live about 300 yards from her houseI have had conversation with her at different timesshe always discoursed in an incoherent man ner, and I considered her deranged.
MR. DOANE. Q. Who was present when she said it was no use going before a Magistrate, as she could not swear to them? A. Godfrey and Lander, and a nun named Ealesthey no doubt heard it.
RICHARD WATTS . I am a labourer at Hayes. I saw the prisoner at the Angel public-house on the evening of the robbery, two or three minutes after seven o'clockthey were there at half-past seven o'clock, when I left.
JOHN SCOUSE . I am a labourer at Hayes. I was at the Angel on the night of the robbery, a few minutes after seven o'clock, and saw the prisoners therethey left just before the clock struck eightI remained thereWatts had gone away before.
GEORGE GODFREY re-examined by MR. DOANE. I was at the prosecutrix's the following morning, about nine o'clock, when Fair and Lander were present, and EalesLander asked her whether she could swear to the men, she said, "No," and that it was no use taking them before a Magistrate, as she could not swear to them.
MR. PAYNE. Q. Were you there the night before, when Spillman was there? A. YesI did not take notice of her saying it was the House of Commons; but Spillman put his hat on the table, and she said King William should not put his hat there.
MOSES LANDER re-examined. Q. Did you hear the profecutrix say it was of no use taking them before the Magistrate, as she was not able to swear to them? A. She might have said it in my hearing, but I do not recollect those wordsI recollect when I went in in the morning, she spoke very cross to me.
NOT GUILTY .
Before Lord Chief Justice, Tindal.
Reference Number: t18370403-994
994. JOHN LEWIS was indicted for burglariously breaking and entering the dwelling-house of Benjamin Lock, about 12 in the night of the 15th of March at St. Dunstan, Stebonheath, alias Stepney, with intent to steal and stealing therein, 1 watch value 4l.; 1 watch-chain, value 5l.; and 2 seals, value 3l.; his property.
BENJAMIN LOCK . I keep a coffee-bouse and beer-shop in Waterloo-terrace Commercial-road, in. the parish of Stepney. On the night between the 15th and 16th of March, I was the last up in the houseI went to bed about eleven o'clockall the doors at the back of the bouse were left on the latchI did not consider anybody could enter the house the back way; but in front, every thing was boltedthere are two doors behind my house, which open into the back yardthey were left dosed, but on the latch, and could be opened from the yardthere is one door in front, that was locked, and the windows were ail fastened, all shut down closebetween twelve and one o'clock, I heard a noise which I con sidered was the wind and rain beating against the front of the houseI had not been to sleepI listened, and heard much the same noise, till I heard a brass candlestick drop into the water-jug in my own roomI had left it carelessly on the end of the wash-hand-stand that night, and thought it had fallen in by itselfthe jug was standing on the wash-hand-stand, uiderneath where the basin is usually put, and there was no basin, so that it could fall into the jugI still listened, and shortly after lost the tick of my watchI had placed my watch on the corner of a little bracket on my wash-hand-standI then looked out of bed, and saw a parcel in the room by the wash-hand-stand, which I knew was not there when I went to bed, but I could not tell what it wasit was up in the further corner of the room where the watch wasI then got out of bed, and put my hand on this parcel, which I did not know was a man; but I put my hand on him, and Dp his back, and then on his face, and found it was a manI collared him immediatelyhe was all but lying down, on his hands and kneesI
dragged him from there, close against the bedside, and sung out for the policein a short time one cameI had called my son, who was in bed with me before that, and he came in two minutesI told him to get a light immediatelyhe went down stairs for it, and brought it up tomehe and the policeman came up stairs both together, as nearly as possiblewhen the light came I found the prisoner to be the person I had hold ofhe made no resistance, but begged hard for mercyI knew him about four years agohe had lived with me for about twelve months in Ratcliife-high-wayI found my watch hanging across the wash-hand-stand, balancing, the watch on one side, and the chain and seals on the otherthe bracket it had been upon, is a little triangular piece, over the wash-hand-basinthere is a little court called George-court, behind my house, it leads out into George-streettwo water-closets part my yard from the courtmy wall is about eleven feet highhe must have come over both of those water-closetshe could not come any other wayhe had been at my house the night before, and had a cup of coffee, and two half-pints of beer-be left about a quarter before eleven o'clockI let him out myself.
Cross-examined by MR. PHILLIPS. Q. Were you about selling your business? A. Yes; the prisoner knew that from meI told him be might come to the house as often as he choseI told him the greater show of customers I appeared to have, the more I should get for my businesshe had been there for every night for a fortnight or three weekshe did not bring any of his friends, to my knowledgemy daughter was in the house that nightshe is thirty years oldmy son is turned fifteenanother daughter aged ten was in the house, but no servantI was not more than two minutes drinking with the prisoner that nightthat was at the Black Horse, White Hart-yardI drank part of a glass of run and water there, and then gave him the glassI did not drink with himin my own housemy daughter did not sit up after meI was the last person who went to bed that nightI was soberI never said that a vessel full of water was upsetI did not know it till I came backI never said I it was upset before I jumped out of bed, to my knowledgethe signature to my deposition is my handwritingI can read a very little, but I cannot make this outI can write my own name, and that is allI never wrote a letter that a man could understand, and if I saw it next day, it is a chance if I could understand it myselfI am sure I cannot be mistaken about leaving my watch on the bracketwhat I signed at the police-office was read over to me, and I attended to it, as I was desired.
JOHN MITCHELL . I am a policeman. I was called in on this occasion, and found the prisoner in the hands of the prosecutor, in his bed-roomhe was partly under the bed, and cruppled down, with his legs under the bedI desired him to stand uphe said, "Have mercy on me, forgive me; I will make it all right"I took him into custodythe prosecutor showed me the watch, balancing with the watch inside the place where the basin should have been, and the seals outsidethe candlestick was upset, down in the water-jugthe prisoner was without shoes or stockings, and he said they were down stairs, but I could not find themthere is a wall which separates the adjoining premisesthere are two little tenements in a yardit is a passage from the public streetthere is a dust-hole in the court, about half-way up the privy, it has a top on it-a person could get on that dust-hole, and over the wallI did it with great ease myselfthere were no marks on the outside doors, but they were both open.
Cross-examined. Q. What kind of a night was it? A. I really cannot sayI believe it was a fineish nightnoit rained at first, and then cleared upI cannot say it was brightI had a lampthe house is in the parish of Stepneyit is commonly called Stepney parish.
MR. LOCK re-examined. I pay poor-rates to Stepneythat is the parish, that is all I knowit is called StepneyI have not been there longI had laid the watch down on the bracket, and when I found it, it was balancing across the wash-hand-standit was entirely separated from the bracket, hanging across on the other side.
GUILTY. Aged 20.Of stealing only. Confined One Year.
(There was another indictment against the prisoner.)
Before Mr. Justice Liltledale.
Reference Number: t18370403-995
995. WILLIAM WRIGHT and JOHN CLARKE were indicted for stealing, on the 19th of March, 1 sheep, price 22., the property of John Perkins.2nd COUNT, stating it to be the property of John Sayers and another.
GEORGE CAVE . I am in the employ of Mr. John Perkins, the proprietor of the Islington market. He has a field there, in which he keeps sheepon Saturday the 18th of March, there were a good many wethers in the fieldon Sunday morning, the 19th, I missed oneI had seen it safe the night beforeI saw it on Sunday morning in the station-house at Islington, from ten to eleven o'clock, and knew it again by the marks.
TURBAND WILLIS . I live in Woodward-street, Dalston, and am in the employ of John Sayers, a beast and sheep salesman; he is in partnership with his son. On Friday, the 17th of March, a wether was put into their hands for sale, belonging to Charles Overman, of Norfolkit was sold on Saturday, to Mr. Theobald, a butcher, in Kingsland-roadI delivered it to Cave on Friday afternoon, in Smithfield, to be left in Mr. Perkins's careI saw it again on Sunday at the station.
WILLIAM EAGER . I am a policeman. On Saturday night, the 18th of March, about half-past twelve o'clock, I was in Hanley-road, Holloway, with my brother officer, Melvill, and saw the two prisoners driving the sheep between them towards the Green-lanesthey were talking togetherMelvill asked them where they got the sheep fromClarke immediately answered, that the sheep had followed themthey both said soWright wanted to go on, and said, "It's no use stopping here, we had better make our way towards home"we immediately took them both into custodyClarke resisted, and made his escape, but we apprehended him next morning at his houseI took the sheep to the officeCave and Willis saw it there, and recognised it by marks on it.
Cross-examined by MR. CLARKSON. Q. The prisoners claimed no pro perty in the sheep at all, did they? A. No(looking at a pian)this correctly describes the Hanley-road, the Wellington public-house, and the field.
MR. CLARKSON, on the prisoners' behalf, stated that they had gone to Finchley to exchange a bad sovereign, which Clarke had received, and that in returning, the sheep started from a hedge and ran before them.)
JOHN JOHNSON . I live at Rayner farm, between Highgate and Finchley. Clarke was occasionally in my employ, and had been so two or three days in that weekon Saturday evening I paid him a sovereign, and he gave me change out of itthe same night, about eleven o'clock, when I was in bed, my servant came and said Clarke had brought a bad sovereign, which I
had given him, and I exchanged it without looking at itnext morning I found it was a very bad one.
WILLIAM DALBY . I am foreman to Mr. Adamson, a market gardener at Stoke Newington. Wright has worked for him about twenty-two years and did so on Saturday night, the 18th of March, and Clarke's wife has also worked for himbetween nine and ten o'clock that Saturday night Clarke bowed me a bad sovereign at Stoke Newington, and said he had received it from his roasterI advised him to go back to his master with ithe said it was so late, and he had just come from there, and it was a long way he did not like to go back by himselfI offered to go back with him, if nobody else wouldWright stepped up to him, and said, "I will go with you," and his wife gave him sixpence to spend going alongthey both started off together.
JEREMIAH MORTIMER . I lodge at the Wellington public-house, oppo site the manor farm, at the farther end of Highgate. On Saturday night, the 18th of March, I saw the two prisoners, a little after eleven o'clock, come into the tap-room, in company togetherthey had a pot of beer, and went away after twelve o'clock.
WILLIAM EAGER re-examined. I overtook them about three-quarters of a mile from Mr. Perkins's fieldit was between twelve and one o'clockit was nearer one o'clock than twelve o'clock.
ANN COLLETT . I live in Hooper-street, Hornsey-road. There is a way across the fields, by my house, from Holloway and Islingtonon Saturday, the 18th of March, about a quarter or twenty minutes after twelve o'clock, 1 saw a sheep in my yardI thought at first it was a man stooping, but I satisfied myself afterwards that it was a sheepI thought it had been pot in by a drover as a tired sheepI saw on Sunday morning that it had come in from the back part of my shed, through a gapthere were the marks of its feet coming through some muchI had no watchI traced the tracks on Sunday morning to find where it had come from, but could not, nor the way it went outI have not a doubt it leaped from my yard into Mr. Groombridge's field, and his garden leads into the high-roadthe garden of Mr. Herbert and Mr. Groombridge's join each other.
MARY DENNIS . I am in the service of Mr. Herbert, of Hornsey-road. On Saturday night, the 18th of March, mistress called me up about one o'clockI heard' the clock strike as I was on the stairsI went with her to the front door, and observed a sheep in the front gardenmy mistress turned it into the roadour house is about twenty or thirty yards from Hanley-roadour garden is only separated from Mr. Groombridge's by a chaina sheep could get from his garden into ourshis garden joins a meadow next to Collett's yard.
WILLIAM ADAMSON . I know the situation of Mrs. Collett's houseI drew this plan myselfthe sheep was not kept in the market, but in a field in Hollo way-road.
GEORGE CAVE re-examined. Mr. Perkins occupies two fields on the Holloway-road, between the Crown and Horse and Groomthe sheep was in one of those two fields.
NOT GUILTY .
First Jury, before Mr. Recorder.
Reference Number: t18370403-996
996. EDWARD EAGER and HENRY JONES were indicted for burglariously breaking and entering the dwelling-house of James Heseltine Bayford, about 3 in the night of the 15th of March, at St. Luke, Chelsea, with intent to steal, and stealing therein, 1 pair of ear-rings, value 5s.; 1 ring, value 5s.; 1 heart, value 3s.; and 1 pair of half-boots, value 2s.; the goods of Mary Ann Llewellyn: 1 half-crown, 4 shillings, 2 sixpences. and 5d. in copper, the monies of Harriet Core Frost: 1 fish-slice, value 30s.; 20 spoons, value 9l. 15s.; 1 sugar sifter, value 10s.; 1 ladle, value 10s.; 9 frocks, value 4l.; 2 cruet tops, value 3s.; the knob of a teapot, value 2s.; 2 coats, value 3l.; 1 pair of sugar-tongs, value 10s.; and 1 cheese-knife, value 10s.; the goods of the said James Heseltine Bayford: and ELIZA FREEMAN for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
MR. STURGEON conducted the Prosecution.
HAREIET COVE FROST . I am servant to Mr. Bay ford, who lives in the pariah of St. Luke, Chelsea. On the night of the 15th of March, I did not retire till twelve o'clockI came down at seven o'clock in the morning, and discovered my fellow-servant's work-basket standing on a box at the entrance of the kitchen, and every thing turned out of itthe next thing I taw was the dresser drawers open, and every thing turned out of themI then saw the plate-basket, which was standing in the kitchen cupboard empty, and four candles, a knife, a pair of pincers, and screw-driver, on a table in the kitchenI saw the teapot standing on the dresser, without the knobI went into the back kitchen, and saw the window standing wide open, and a tub which I had left on the stool was lifted off, and put into the middle of the kitchen floorI and my fellow-servant were the last persons up the night beforeI had put the plate-basket into the cupboard thenall the articles had. been moved from the places I had left them inI hire nothing to do with the plate, and did not take notice how much there had been in the basket, but there were a great many spoons and forksthe basket was nearly fullthey were silverthe window was shut quite close down the night beforenot open in the leastit must have been lifted up.
Cross-examined by MR. PAYNE. Q. How many servants are there? A. Two, and a man-servant, but he does not sleep in the houseI am quite sure I observed the window before I went to bed, and it was quite shutit was always kept shutI shut it a great many days beforeI observed it on going up stairs that nightit was the back kitchen windowthere was no fattening to itit was brokenI am quite sure it was not up in the least.
JAMES HESELTINE BAYFORD . I am a Procter, and live at No. 8, King's parade, King's-road, in the parish of St. Luke, Chelsea. On the morning of the 16th of March, from what my servant said, I went down stairs, and missed two great coats and the silver tops of the cruetsI understood the spoons and forks were missing, but not knowing where they were kept, I could not miss themI employed the police, and in consequence of information I received in the evening of the same day, I went with the policeman to No. 2, Lender cottages, Leader-street, and there saw the policeman ibid some ear-rings, which my servant identified, and also one of my great coatsI afterwards attended at Lambeth police-office, and there identified another great coat of mine; and certain articles of plate, which I knew to be my property were brought to me a day or two afterwards, by a policeman.
Cross-examined. Q. What time in the morning was your attention called to your house? A. About seven o'clockI had been up a short tune beforeI heard my servants talking, and went downit had been quite light for two hours then.
MR. STUROEON. Q. What number of walls must a person pass to get to your hack kitchen? A. My house is No. 8, and it appeared, by the marks
of footsteps in the garden, that instead of getting over the side where they would have three walls to get over, they must have got over seven or eight walls; they might be seen if it was daylight.
JURY. Q. What is the height of the walls? A. Six or seven feet at the outsideany body could get over them.
MARY ANN LLEWELLYN . I am servant to Mr. Bayford. On the night of the 15th of March, I saw the back-kitchen window quite close down about twelve o'clock, as we were going to bednext morning, as I came down stairs, at the entrance of the kitchen, I saw my work-basket with every thing turned out of it; and on entering the kitchen, all the drawers were open, and every thing turned out, the plate which was left in the kitchen cupboard the previous night was all taken away, and the platebasket was emptyI lost some ear-rings, which I have since seen.
Cross-examined. Q. How long before you went to bed had you seen the plate basket? A. The last thing; we put it into the cupboard.
HENRY KIMBER . I am a policeman. I produce the whole of the plate, and one of Mr. Bayford's great coats, which I got from No. 2, Leadercottages, Leader-street, on the 18thit was buried in the coal-hole, under neath the staircase, all packed up in a servant's apron as they are herethere were no coals therethere was a hole dug, and there was about two feet of mould over themI had received information on the 18th, but on the evening of the 16th I got a pair of gold ear-rings, a cornelian heart, and a great coat of Mr. Bayford's, from the same apartment, which was occupied by Elizabeth FreemanI have seen her therethe coat was on the bed, and the ear-rings and cornelian heart were taken out of the box in the roomI saw Riches, the constable, find a pair of boots on FreemanI know all the three prisoners very wellI have seen them together, and Eager and Jones have been apprehended together beforeI cannot say I have seen them all three togetherI have seen Freeman with Eager in different parts of Chelsea, and in Lawrence-street frequentlyI have teen Eager and Freeman come out of the house where the property was foundit might be a fortnight or a week previous to the robberyI examined the garden and yard of Mr. Bayford's house, and saw the footmarks of two persons without shoes.
Cross-examined. Q. When you saw Eager and Freeman together, (except seeing them once come out of the house,) you have seen them in Lawrence-street? A. YesI have frequently seen them together in the streetI believe two persons lodge in the top room, and three in the room the property was found inI believe they are the prisonersthere ire only two rooms in the houseI did not say that Eager and Jones were apprehended togetherI will swear that.
HARRIET FRY . I go out nursing children, and take in washing and ironing, and live at No. 2, Leader-cottagesEager and Freeman lived in the room belowI cannot swear that they lived together in the roomI had known them living there from about a fortnight before Christmas up to the time they were apprehendedFreeman went by the name of Mrs. EagerI lived there before they cameI do not know who took the lodgingon the Wednesday night before the Thursday on which the policeman came, a policeman hallooed out, "Is any body here 1"I got out of bed, opened the door, and he said, "Do you know your door is open?"Freeman was present thenI found the door openit was about ten minutes before twelve o'clockthe policeman said, "Ar'nt you afraid of catching cold? your door is open"Freeman came out of her room,
and said she was waiting at home for her husbandour house is not abort ten minutes or a quarter of an hour's walk from the prosecutor'sI never knew Jones to be there but twice; I saw him once by the gate in the yard, and once at the foot of the stairsthat was about a week before.
Cross-examined. Q. Who came first to the house; Eager or Freeman? A. Freeman and another young woman came first after the key of the room, but I had not got itI did not let the roomMr. Wise didEager always lived therehe is the only man I ever saw there; but I have not always seen him thereI did not see him for near a fortnight after Freeman oneI did not live alone in the upper roomWilliam Lambert lived there with meI went by the name of LambertI entered that name in my rent bookI lived with him five yearshe is dead now.
HENRY WISE . I have been a publican, but at present am out of businessI am agent for a widow lady, to whom the house No. 2, LeaderI cottages belongs. I let part of it to the person named Lambert, and the other to the female prisoner, who represented herself as a married woman of the name of EagerI let it her in the early part of Decembersometimes Freeman paid the rent, and sometimes the prisoner JonesI have seen him occasionally, and understand he is her brotherI have seen him there eight or ten timesI never saw Eager there.
Cross-examined. Q. You let the upper room to a man named Lambert? A. The witness applied to me as being Mrs. Lambert, and I let her the roomthere are thirteen houses occupied by labourers there.
WILLIAM ROWLAND . I am a policeman. I was on duty on the 16th of March, about a quarter before ten o'clock, in Petticoat-lane, and saw the prisoner Jones with this coat hanging on his armI went to him, and from hit appearance and the goodness of the coat, I thought he had stolen itI asked him where he was going with ithe said he was an omnibus conductorI asked where he got the coat fromhe said he had had it two years, that he gave 18s. for it to a Jew, in Long-acreI asked him where he livedhe said on Tower-hill, but refused to give me the name of the street or the number, and I took him to the station-househe resisted, and I had a very hard turtle with him in the streethe tried to get awayit was rather dirty weather, and the coat was splashed at if it had been worn.
Jones. I told him I bad given 19s. for the coat, and that I bought it before the robbery was done. Witness. He said, "It is my coat; I have had it two years."
Jones. He said he knew the man who had lost the coatI said if he would show me the roan I would return him the coathe said, "Never mind, come with me"I went with him, and he said I wanted to rescue myself from him, but I did not. Witness. He did try to get from methere had been a coat stolen the morning before, and I thought this might be ithe said he would go to the man who had lost the coat, and give it to him if he had lost it, and in going along he ran away.
FRANCIS JOHN RICHES . I am a policeman. I apprehended Freeman in York-street, WestminsterI found a pair of boots on her feet, which Mr. Bayford's servant identified.
EASY BRIDGES . I am a policeman. I apprehended Eager in York-street, Westminster, in company with Freeman, on Friday the 17th, at nine o'clock in the eveningI was with RichesI told Eager he was the man I wantedhe asked me what forpeople collected roundI said, "Walk a few steps, and I will tell you what for"in going along he said, "I suppose it
is for Mr. Bayford's robbery; it was not me that did the robbery, but sailor Jack"I had a further conversation with him in going to Queen-squaretold him not to say any thing to criminate himselfhe then said, "You have found enough in the house to send me out of the country for life"those were his wordsMr. Bayford's robbery was not mentioned at that time.
Cross-examined. Q. Which of the persons were taken into custody first the woman or the man? A. I cannot say, they were close together wben they were takenI took the man, and Riches took the womanI did not hear what he said to her.
(Property produced and sworn to,)
F. J. RICHES re-examined. When I apprehended the woman, I asked her nameshe said, "What do you want to know my name for?"I said, "I believe you to be concerned in the robbery at No. 8, King Vpande"she said, "The things were brought to our house"I said, "I believe you have a pair of boots on belonging to the servant"she said, "They were brought at the same time"I do not believe Eager heard me name No, ft, King's-road, or Mr. Bayford's namehe was at a distance at the time.
Jones's Defence. I have nothing to say about the propertyI did not know it was brought thereI had only been at the place twice.
Freeman's Defence. When I got up I found the boots in the room, and put them on, because my shoes were tight, and on Friday night I went to Chelseathe policeman stopped me, and asked my namehe was not in his right dress, and I asked what he wanted with my name, if he told me what he wanted, I would tell himhe asked me to go with him, and asked to look at my feet, and said the boots were what he wantedon Saturday morning he gave me my shoes at Queen-squareI know nothing about the other propertyI did not know it was in the place.
(Daniel In wood, sawyer, Gough-street, Gray's-inn-lane, deposed to the prisoner Jones's good character; and Charlotte Frazer, servant at the Edin burgh Castle, Strand, to that of Freeman.)
EAGER GUILTY . Aged 20.
JONES GUILTY . Aged 19.
Of breaking and entering, but not burglariously.
Transported for Life.
FREEMAN GUILTY . Aged 19. Transported for Seven Years.
NEW COURT.Thursday, April 6th, 1837.
Sixth Jury, before Mr. Common Sergeant.
Reference Number: t18370403-997
997. JOHN HARRIS and JOHN CHAPMAN were indicted for stealing, on the 27th of February, 300lbs. weight of rope, value 2l. 5s.; and 1 wooden block, value 6s.; the goods of Stewart Majoribank and another.
MR. PHILLTPS conducted the Prosecution.
WILLIAM LANG PAIGE . I am constable to the East India Pock Com pany. On Monday, the 27th of February, I was at the Export Dock-the Thomas Coutts was in the dockI saw the prisoners, about a quarter past four o'clock in the afternoon, dragging this rope up the dockthey brought it to the gate to me, where a pass is requiredHarris gave me this pass, in the name of ProutI said, "I know nothing of the name of Prout"I know a man they described by sightI said I did not like the pass. but he would be therehe said they had another chain of rope to bring upthey fetched it, and Jell me at the gate, and went for a truckI asked where they got the ropethey told me, from the Thomas CoutlsI kept
the rope insideI thought they ought to he detainedI went and brought Harris back, but I did not see ChapmanI saw him again two days afterwardshe did not come back with the truck.
Cross-examined by MR. CLARK SON. Q. Did he say Prout was Cole's nephew? A. I do not recollectCole keeps a public-house.
MR. PHILLIPS. Q. Do you mean he may have told you Prout was Cole's nephew? A. He mightI do not recollect it.
NOT GUILTY .
Reference Number: t18370403-998
998. WILLIAM HALL was indicted for stealing, on the 25th of March, 1 leather wanty and buckle, value 5s., the goods of James Green; and that he had been before convicted of felony.
JOHN SMITH . I am gardener to Mr. James Green. About a quarter before one o'clock, on the 25th of March, I left the cart in the fieldwhen we returned'again at two o'clock, the wanty and buckle were goneI heard it was at the stationI went to the station-house, and found it and the prisoner.
GEORGE LOWE (police-constable T 50.) I found this wanty on the prisoner in Church-street, Hammersmith, about half-past one o'clockI asked where he got it fromhe said, from the harness-maker's across the way therethey said they had not seen himI took him to the station, and there Smith came and owned it.
(Property produced and sworn to.)
Prisoner. I wanted some victualsmy father won't let me go in-doors.
JOHN JONES (police-constable T 27.) I produce a certificate of the prisoner's former conviction, from the clerk of the peace at Clerkenwell (read)the prisoner is the boy.
GUILTY . Aged 15. Transported for Seven Yeas.
Reference Number: t18370403-999
999. RICHARD SMITH and JOHN THOMAS HIGGINS were indicted for stealing, on the 4th of March, 40 yards of flannel, value 2l., the goods of Thomas Blakeman and another.
THOMAS BLAKEMAN . I live in Judd-street, St. Pancras. On the 4th of March, a little before ten o'clock in the morning, the prisoner Smith was brought into my shop by a policeman and another person, with a roll of flannel, which is the property of myself and my partnerI had seen it safe ten minutes before.
JAMES KENNERLEY (police constable, C 60.) I was on duty in Oxfordrtrwt, and saw the two prisoners in company with another between half-past nine and ten o'clockI am quite sure the two prisoners were togetherI was in plain clothesI followed them through a number of streets to Judd-street, where I saw the two prisoners go to Mr. Blakeman's shop door, and look inHiggins then went and stood by the window looking in, Smith passed by the door and looked inhe then passed the door and stood a few secondshe then went and stood by the window alongside of Higgins, and appeared in conversationhe then went by the door again, and I saw Higgins make a sign with his handSmith then went up on the step of the door and took this roll of flannel off a boxhe walked away with itI pursued, in company with Mr. HeathI took him, and Higgins ran awayI apprehended Higgins yesterday week at his lodgings in Grafton-street SohoI know him perfectly well.
Cross-examined by MR. CLARKSON. Q. Does Higgins's mother lodge with him? A. I believe she doeshe was very willing to go with methere was no one with me in Oxford-streetI know Higgins perfectlyI knew
where he lived on this day, but I did not go, ns I had every reason to believe he would not go homeI got information on the night I took him that he was at homeI have had the person who gave the information twice at Marlborough-street for attempting to pick pocketshe is a companion of the prisoner's.
ROBERT HEATH . I am a coal and potato dealer in Judd-street. This officer came to my house and asked for shelterhe said, "I am watching these three young men"I watched them myself, and saw Smith take the flannelI will not swear to Higginsthere was one the same site as Higgins, and one smallerI should think they were about ten minutes together before they took itI did not cross the road till I saw the flannel taken.
Cross-examined. Q. If the policeman had told you to take one while he took the other, that might have been done? A. I took Smith myselfhe might have taken the other if he had crossed the road.
Smith. I was in great distress at the time I did it.
(Smith received a good character.)
SMITH GUILTY . Aged 23. Confined Six Months; Three Weeks Solitary.
HIGGINS GUILTY .* Aged 24." Transported for Seven Years.
Reference Number: t18370403-1000
1000. RICHARD BRIDE was indicted for stealing, on the 16th of March, 40lbs. weight of lead, value 12s., the goods of John Plummer and another; and fixed to a certain building; against the Statute, &c.
CHARLES COWARD . I am a millwright in the employ of Mr. John Plummer and William Wilson, of Great Tower-street. Their factory is in Cubit-court, Golden-laneI saw the lead safe there on the 8th or 9th of Marchon the 16th of March, the policeman brought the leadI fitted it to the roof of my master's factoryI am sure this is part of itthere are no marks on it any more than the fitting of it.
THOMAS MALIN (police-constable G 156.) I was on duty in Golden-lane about one o'clock in the morning of the 16th of March, and saw the prisoner running down Bell-alley with a smock frock onhe had something very heavy, which pulled him down on one sideI said, "What have you got here?"he said, "Nothing at all"I seized him and found it was leadI sprung my rattle and said, "Where did you get this from?"he said it was bis ownI took him to the stationI went back and found this small piece of lead near the premisesI have compared that with the other on the premises, and it fits exactly.
GUILTY *Aged 20. Transported for Seven Years.
Reference Number: t18370403-1001
1001. JOHN WILSON was indicted for stealing,. on the 18th of March, 3lbs. weight of soap, value 1s. 6d., the goods of Charles Rawlinson.
CHARLES RAWLINSON . I live in Queen-street, Marylebone, and am a grocer. On the 18th of March, at half-past eleven o'clock at night, I was in the parlour behind the shopI saw the prisoner put his arm round the door post, and take a piece of soapI followed him up a street to John-street, Edgware-road, where I took himthe soap was thrown downa little girl picked it up, and gave it to my wifeI have no doubt this is the soap I saw him take.
JOHN HUNT (police-constablr D 34.) I took the prisoner. He said he had not taken the soap, but that there was a man along with him that took itI asked who he was, but he would not tell me.
Prisoner. I was going to get a quarter of an ounce of tobacoobefore
I got into the door, he ran up, and called "Stop thief"I went up the streethe told the Magistrate he was in the parlourhe laid I came into the shop, and then he said it was round the corner of the door.
CHARLES RAWLINSON . I did not say he came into the shophe put himself round the door postI am quite confident that he took it.
GUILTY .* Aged 19. Transported for Seven Years.
Reference Number: t18370403-1002
1002. JAMES AYRES was indicted for stealing, on the 14th of March, I bolster-case, value 6d.; 2 collars, value 6d.; and 1 frill, value 2d.; the goods of John Fletcher: and 1 nightcap, value 1s.; the goods of John Moon: 2 aprons, value 18d.; 2 handkerchiefs, value It.; and 1 nightcap, value 6d.; the goods of Agnes Moon; 1 apron, value 6d. 1 pinafore, valve 3d.; 1 handkerchief, value 2d.; 1 cap, value 8d.; and 4 yards of net, value 4d.; the goods of Elisabeth Crow; and that he had been before convicted of felony.
HANNAH FLETCHER . I live with my father, John Fletcher, at Ealing. On the 14th of March, about seven o'clock in the evening, these things were drying in the gardenI and my mother went out to look for them at eight o'clock, and they were gonethese are the things.
WILLIAM GATES (police-contsable T 78.) On the 14th of March I had information of this robbery, and saw the prisoner in Mrs. Stevens garden, between seven and eight o'clock, trying to conceal himselfI took him, and found all these things on him.
AGNES MOON . I live at Ealing, with my father. My mother put into the garden two handkerchiefs, a cap, and towel, and other articles, at five o'clock on the 14th of MarchI saw themI did, not go after them, till I was told they were gone, between seven and eight o'clockI live near Fletcher'sthese are my articles.
Prisoner. I know nothing about itI was in liquor so much, that I do not know what I did.
WILLIAM GATES . He was not so drunk as thathe was the worse for liquor.
EDWARD JAMES LEVY (police-constable T 18.) I produce a certificate of the prisoner's former conviction(read)he is the man.
GUILTY . Aged 28. Confined One Year; Three Weeks Solitary.
Reference Number: t18370403-1003
1003. EDWARD SMITH was indicted for stealing, on the 8th of March, 4 paintings, value 4s., the goods of John William Bickers.
JOHN WILLIAM BICKERS . I live in Old-street, and am a broker. On the 18th of March these paintings were outside the doorI saw them safe about two o'clock in the afternoonI received information about four o'clock, and they were then gone.
PHILIP REGNART . I am a French-polisher, and live in Pool-street, New North-road. I was in Pitfield-street, at half-past two o'clock, and saw the prisoner attempt several shopsI watched him to Old-streethe tried to take a pair of shoes from one place, and then he went to the prosecutor's, took these paintings, and ran off down Mitchell-streetI went down another street, and met him, took the paintings from him, and gave him into custody.
HENRY THURSTON (police-constable G 55.) I took the prisoner, and found a knife and book on him.
Prisoner. A person came by me, and gave them into my handI new attempted any shops.
GUILTY . Aged 22. Confined Six Months; Three Weeks Solitary.
Reference Number: t18370403-1004
1004. JOHN CLARKE was indicted for stealing, on the 18th of March, 4 handkerchiefs, value 12s.; the goods of Thomas Pryce Jones.; and that he bad been before convicted of felony.
THOMAS PRYCE JONES . I live in Tothill-street, Westminster. I saw these four handkerchiefs hanging inside my shop, on the 18th of March, about half-past eleven o'clock at nightbetween that and twelve o'clock the policeman came in, and asked if I had lost any thingI said "very likely, "as I had seen a man run very quickly out of the shopI described his dress to the policemanhe had a jacket, a white apron, and a cap onthese four handkerchiefs are minethey have my tickets on the corner.
Prisoner. Q. Did you see me in the shop? A. Yes, you had been in the shop, and brought a duplicate to meI said it did not belong to us.
RICHARD COLLARD (police-constable B 110.) About half-past eleven o'clock that night I saw the prisoner in New Tothill-street, about two hundred yards from the prosecutorshe had a jacket, a cap, and while apron onhe had something in his sideI asked what he had got therehe said, silk handkerchiefs, that he was going to pawn, and 1 found there four handkerchiefs, which he said he found in the street.
Prisoner. I ran up against him, as I was going to get a shawlI asked him which was Mr. Williams, the pawnbroker'sI had been drinking that afternoonI said I had got some silk handkerchiefs which I bad just picked up.
RICHARD COLLARD . I produce the certificate of the prisoner's former conviction from Mr. Gillbee's office at Westminster(read)the prisoner it the person.
GUILTY . Aged 19. Transported for Seven Years.
Reference Number: t18370403-1005
1005. JAMES LOCK was indicted for stealing, on the 18th of March, 1 rule, value 6d., the goods of Alfred Smith, from his person.
ALFRED SMITH . I am eleven years old; I am the son of Job Smith, of Queen-street, Finsbury, a carpenter. I was going into Shoreditch, on the 18th of March, between six and seven o'clock in the evening, and had a rule in my pocketI did not see the prisoneras I came back, Purton showed the rule to meI know it, because I always have it in my pocketI gave it to the policeman.
WILLIAM PURTON . I live in Ann's-place, Hoxton. On the Saturday evening I was in Shoreditch, and saw the prisoner, and several other*, round a baker's shop, as a gentlemen came into the crowdthey tried their pocketsI then saw Smith come up to the crowd, and the prisoner tried a basket that he had got, but the lid was tied down, and he could not get it openthe boy then went out of the crowd, and the prisoner and another went up to himthey stooped down towards his pocket; I seized the prisonerhe had got the rule up his sleeve, and partly in his handI called the officer, who took him.
Prisoner. I picked it up from the ground. Witness. No, he did not stoop low enough to pick it up.
JOHN BROOKS (police-constable H 64.) I saw Purton take the prisoner, and he gave him into my custodyhe said he picked the rule off the ground.
(Witness for the Defence.)
MARY LILLY . I live in Ship-court, Old Cock-lane, with my father, who is a butcher. I do not know the prisoner, but I know he picked up the rule by the baker's shopI should have picked it up myself; only he stooped down too quickly for methis was last Saturday fortnightI did not see the officer come up and take him, as I went awayI heard of this last
MondayMrs. Lock came by, and begin to cry about her son, as I was talking to Susan Gileswhen she was gone, Giles said, "How this? poor woman frets," and she said her son was hereI said, "What was it about?" and she said, A rule"I said "Was it by a baker's shop, at the corner of Hare-alley," and she said, "Yes"I said, "He picked it up"Mrs. Lock lives in Old Cock-lane.
NOT GUILTY .
Reference Number: t18370403-1006
1006. WILLIAM WATERS was indicted for stealing, on the 1st of April, 1 handkerchief, value 3s., the goods of Thomas Townsend, from his person.
THOMAS TOWNSEND . I am a fruiterer, and live in St. John-street-road. On the 1st of April I was in Covent-garden market, at half-past seven o'clock in the morningI had a handkerchief in my pocketI did not miss it till the constable told me of itthis is it.
JAMES STACE . I am constable of the market. I saw the prisoner go behind the prosecutor, and take this handkerchief out of his left-hand pocket, and put it into his bosomI took him with it.
Prisoner. I saw it on the ground, and took it up. Witness. He never stooped at allhe stood upright and took it.
(The prisoner received a good character.)
GUILTY . Aged 19.Recommended to mercy. Confined Three Months; One Week Solitary.
Reference Number: t18370403-1007
1007. JOHN SMITH was indicted for stealing, on the 25th of March, 1 handkerchief, value 1s., the goods of Cornelius Stirrup, from his person.
CORNELIUS STIRRUP . I live in Hadden-street, Camberwell. I was in Broad-street, Bloomsbury, on the 25th of March, and received information from a policemanI turned, and my handkerchief was gonethis is it.
RICHARD BRADSHAW (police-constable D 102.) I saw the prisoner and another following this gentlemanI saw the prisoner take the handkerchief from the prosecutor's pocketI ran over and took himI pursued the other person, but he made his escape.
Prisoner. I was walking by the side of St. Giles's churchI stopped to look into a shop, and a handkerchief came in my (aceI looked to see what it was, and the officer came and said I had robbed a gentleman. Witness. I am certain I saw him take it out of the pocket, and put it into the flap of his breeches.
GUILTY .* Aged 23. Transported for Seven Years.
Reference Number: t18370403-1008
1008. MARY LUMLEY was indicted for stealing, on the 1st of March, 3 muslin capes, value 4l., the goods of William Edgar; to which she pleaded
GUILTY . Aged 35. Confined Four Days.
(The prisoner received an excellent character.)
Reference Number: t18370403-1009
1009. ROBERT WHITE was indicted for stealing, on the 11th of March, 1 waistcoat, value 10s.; 1 sixpence, and 8 halfpence; the goods and monies of George Brown.
GEORGE BROWN . I lodge at William Wood's, in Macclesfield-street South. The prisoner lodged in the same housewe slept togetherI went to bed on the 10th of Marchthe prisoner was in bed before meI took off my waistcoat, and put sixpence and 4d. in the pocketthe next morning 1 got up at a quarter before seven o'clockmy waistcoat and money were gonehe had got up before methis is my waistcoat, which had the money in itthere is no money in it now.
CHARLES JOHN JOHNSON . I am shopman to Mr. Cassell, of Old-street a pawnbroker. This waistcoat was pledged with me by Wortley.
ELIZABETH WORTLEY . I took this waistcoat to pledge for the prisonerhe gave it to me on Saturday evening, the 11th of March.
GUILTY .* Aged 21. Transported for Seven Years.
Reference Number: t18370403-1010
1010. MARY TYE was indicted for stealing, on the 10th of December 5 shirts, value 1l. 10s., the goods of John Yeoman Rood: and 5 shirts value 1l. 10s.; the goods of Roger Rood, her masters.
JOHN YEOMAN ROOD . I am in partnership with my father, Roger Rood, living in Maiden-lane, King's Cross, The prisoner and some other women were employed on the premisesabout two months ago we missed some shirtsit was the prisoner's duty to take care of our shirtson the 16th of March I had her apprehended.
Cross-examined by MR. STURGEON. Q. How long had she lived in your service? A. I suppose sixteen or seventeen yearsI never suspected her before; we have missed articles.
WALTER CAMPBELL (police-sergeant E 16.) I apprehended the prisoner at the shop of Mr. Button, a pawnbroker, at Battle-bridge, and when I got to the station-house I told her it was for stealing shirts, the property of Mr. Roodshe asked what I thought would be done with herI searched her, and found nine duplicates on herI asked if the whole of them were Mr. Rood'sshe said they were.
Cross-examined. Q. Did you find any money on her? A. Yes, 15s. 5 1/2 d.
GEORGE LEE . I am in the service of Mr. Butler. The prisoner has pawned several shirts with me, which are here.
Cross-examined. Q. Had she been pawning for any length of time? A. Yes, I suppose five or six yearsshe pawned in her own namethe has taken some shirts out of pawn.
THOMAS WELLS . I am a pawnbroker, and live in Rosomand-street I have a shirt pawned by Sarah Lewis.
SARAH LEWIS . I live in Thomas-street, Clerk en well. I pawned a shirt at Mr. Wells's, at the prisoner's desireshe said she wanted to make up some money, and it was her husband's, and I could get more money on it than she could.
(The prisoner received a good character.)
GUILTY . Aged 34Recommended to mercy; Confined Six Months.
Reference Number: t18370403-1011
1011. JOHN PAYNE was indicted for embezzlement.
JOHN TOLLADY . I live in High-street, Kingsland, and am a marine-store dealer. The prisoner was in my employit was his duty to come home directly the iron was weighed at the wharf, and bring me the moneyhe has never paid me 5l. 16s. 5d., from Mr. Webb.
Cross-examined by MR. PAYNE. Q. How long had he been in your em ploy? A. About seven weeksI have known him about two yearshe always paid me every thing before thison the day in question, I received a letter from him, about six in the evening, saying he had lost the money all but four half-crownsI sent the letter to the station-housewhen I came home at eleven o'clock at night, he was therethat was before I made the chargehe went and delivered himself up at the station, about seven o'clock.
EDWARD WEBB . I am clerk to Hawkes and Co. of Upper Thames-street, patent anchor-makers. The prisoner came to our warehouse, and I
paid him for his master, five sovereigns, one half-sovereign, and six shillings in silver.
Cross-examined. Q. Had you known him before coming there with goods? A. Yes, as long as I have been therethe accounts have been made out in his name, while he was in the prosecutor's servicewe knew nothing of his matterwe thought we were dealing with the prisonerhe signed the bill as having received the money in his own name, as he had done before.
EDWARD BADDELEY (police-constable N 18.) The prisoner came on the 11th of March to the stationhe said he had lost Mr. Tolladay's money, and sent him a letter, he heard he was very angry, and he had come to deliver himself uphe said he had a hole in his pocket, and the money had got through that.
NOT GUILTY .
Reference Number: t18370403-1012
1012. JAMES DEVELIN and HENRY GILES were indicted for stealing, on the 28th of February, 1 waistcoat, value 2s., the goods of George. M'Douall, from his person.
GEORGE M'DOUALL . I live in Love-lane, Shadwell. About seven o'clock on the morning of the 28th of February, I was crossing Cowderoy's-fields, and met the two prisoners and another, who knocked me down and took my waistcoat offDevelin was the biggestthey pulled off my jacket, and took the waistcoat, and left the jacket, as it was not worth so much as the waistcoatI had known them beforethe two prisoners went to school with meGiles helpedthey did not hurt methey ran across the wooden bridge, into Back-alleythat is not above five minutes' walk from the fieldI followed them all the way to Back-alley, and then they shut me in, tod I lost themthere is a door there, they ran in first, and I after them.
Cross-examined by MR. DOANE. Q. You went to school with these boys? A. Yet, for about two yearsGiles left before I didthey asked me to. pawn a handkerchief when they met meI have never been in a frolic myselfthey knocked me downI did not take my own coat offI did not lay on the ground while they took it offI did not make an outcryI stood still, and let them take itthey ran off, and I after themI did not cry "Stop thief"I followed them into Back-alley, and they completed the joke by locking me in.
WALTER GEORGE NEWBY . I have this waistcoat, which was pawned with me on the 28th of February, by Develin for two shillings.
NOT GUILTY .
Reference Number: t18370403-1013
1013. JOSEPH JAMES was indicted for stealing, on the 17th of March 4 glazed window sashes, value 3l. the goods of John Reece.
JOHN REECE . I live in Shoreditch, and am a grocer. I have an empty bouse in Gibraltar-walkI lost four sashes from there, about the 14th of Marchthese are them.
Cross-examined by MR. CLARKSOM. Q. Were they fixed to the building? A. Yes.
BENJAMIN WIRE . I live in Duke-street. I saw these sashes, and compared them with this housethey fitted exactlyI am certain they belonged there.
DAVID EVANS (police-constable H 118.) On Friday morning the 17th of March, at ten minutes past six o'clock, I saw the prisoner carrying some Mng along, wrapped up in a counterpaneit contained these sashes.
Cross-examined. Q. Were you near to him when you first saw him? A. I was about fifteen yards from himI lost sight of himhe went round the corner, and after that I went round the corner, and found these
sashes against the wall, and the prisoner was running awayI ran after himhe said he had done nothing.
PATRICK LARKIN (police-constable A 37.) I was called, and found these sashes and counterpane against the wallI did not see the prisoner.
NOT GUILTY .
Reference Number: t18370403-1014
1014. WILLIAM M'DONALD was indicted for stealing, on the 4th of April, 1 handkerchief, value 4s. 6d., the goods of Thomas Wallis, from his person.
THOMAS WALLIS . About half-past ten o'clock in the morning of the 4th of April I went down Compton-street, where there had been a fireI turned round, and saw the prisoner with my handkerchief in his handI collared him, and said it was minehe dropped itI said, "You may as well give it to me"he said he had it given to him by a boy.
Cross-examined by MR. DOANE. Q. You found it safe before you saw this fire? A. Yes, and in about a minute and a half I saw it in the prisoner's handI swear thatthere were a number of people round the place, but I turned and saw him going out of the crowd, and putting it into his trowsers pocket.
NOT GUILTY .
Reference Number: t18370403-1015
1015. WILLIAM WEAVER was indicted for stealing, on the 10th of February, 1 coat, value 10s.; and 1 sack, value 2s.; the goods of Lewis Figgett.
LEWIS FIGGETT . I live in Union-place, Walworth, and am a carman. On the 18th of February I was in Ormond-yard, with a cart loadingthe prisoner was helping me to chuck up some dungI had a coat and sack against the wallI saw him take them up and run off with themI could not follow him, because I had other property about the cartI saw him again a fortnight afterI am sure it was himhe had been with me three months.
(The prisoner pleaded poverty.)
GUILTY .* Aged 33.Recommended to mercy by the Prosecutor.
Confined Six Months; Three Weeks Solitary.
Sixth Jury, before Mr. Sergeant Arabin,
Reference Number: t18370403-1016
1016. JOHN OLIVER was indicted for stealing, on the 27th of March, 2 printed books, value ls. 6d., the goods of John Francis.
JOHN FRANCIS . I am a bookseller, and live in St. John's-square, Clerkenwell. I have a shelf in front of the windowon the 27th of March, about three o'clock, I heard the books moveI turned my head, and saw a vacancyI went to the door and saw the prisoner with another, another about a hundred yards off I caught the prisoner with the two books in bis hand.
Prisoner. I saw these two books lying on the pavement against the wallI picked them upa young man came and asked what prise I had foundI showed them to himhe returned them to me, and the prosecu tor came and took me. Witness. I heard the noise of the books, and went out directly, and the prisoner had themI took no notice of the persons who were with himnot two minutes elapsed between hearing the noise and my going out.
(The prisoner received a good character.)
GUILTY . Aged 19. Confined One Month.
Reference Number: t18370403-1017
1017. SAMUEL BROWN was indicted for stealing, on the 14th of March, 1 handkerchief, value 1s. 6d.; the goods of a man unknown, from his person.
WILLIAM LATTEN (police-constable E 57.) On the 14th of March, a little after two o'clock, I was in Southampton-rowI met the prisoner and mother personMadden said, "These two have robbed a gentleman of a handkerchief, and this one, "(pointing to Brown,) "has got it"I took them both, and found it in Brown's hatI did not see the owner of the handkerchief, and do not know his name.
THOMAS MADDEN . I am porter to a green-grocer, and live in March* mont-place. I was going to Covent-garden, and saw the prisoner and two more boysI saw the prisoner draw a handkerchief from a gentleman's pocket, who was walking towards the New-roadBrown pot the handker chief under his armI followed them, and told the policeman of ithe took the prisoner and another, and found the handkerchief on the prisoner.
Prisoner's Defence. I had been to Somers Town to see my sisterI saw the handkerchief on the groundI picked it up and put in my pocketthe witness came and said I had picked the gentleman's pocketI said, "Go tod tell the gentleman"he said, "(Give me the handkerchief; and I will say nothing"I walked a few yards farther, and gave myself into custody.
GUILTY .* Aged 21. Transported for Seven Years.
Reference Number: t18370403-1018
1018. HENRY DAVIS and WILLIAM RYAN were indicted for stealisf, on the 3rd of March, 1 till, value 2s.; 12 shillings, 8 sixpences, 84 pence, 120 halfpence, and 192 farthings; the goods and monies of William Castle; and that Davis had been before convicted of felony.
WILLIAM CASTLE . I keep a chandler's shop in Lower Edmund-street, King's Cross. On the 3rd of March I was in my back parlour, between seven and eight o'clock, and heard a noiseI looked into the shop, but saw no one(I could see a person if they were standing up, but not if they were creeping)I listened again, and heard something elseI then saw something like a boy's cap rising up near the counterI went into the shop, and looked roundI did not see any thingI went out, and looked down a court by the side of my house, and saw two persons walking downI did not notice what they were, but I think they were men, or it might be a man and a boyI then came into the shopa person came in for somethingI went to the till, and found it was goneI had seen it safe six or seven minutes beforeit contained about 16s. in silver, 12s. in half pence and pence, and 4s. in farthingsthe next day I beard there was a till found at Islington station-houseI went, and it was minethis is itthe money was not foundbefore I heard this noise the till was secure, and nobody else had been in the shop.
SARAH SCOTT . I live in that neigbourhood, and am married. I went to the prosecutor's shop that night, between seven and eight o'clockI wanted three farthings' worth of sugar, and a halfpenny candleI did not get themI returned down the court to a neighbour, and asked if she had another farthing to lend meI kept in sight of the prosecutor's shopI saw Ryan go in on his hands and knees, and Davis stood on the bottom step of the doorI saw Ryan bring the till out, and give it to DavisI did not give informationI was afraidthey went down Spencer-courtI knew them before, and I am certain they are the persons.
EDWARD JOHN RICHARDSON . I am shopman to a cheesemonger. On the night in question I saw two persons, one a stout person, the other a boyI passed them, and heard a noise of moneyI turned round,
and saw Davis with the till under his arm, and a boy with himI cannot swear to RyanI saw Davis put his hand into the till, and then into hi, pocket.
JAMES CARTER (police-constable S 140.) I apprehended Davis on the 4th of Marchwhen he found I was coming near the door, he took a hammer, and said he would break my headI drew back, got my staff, and then he dropped the hammer, and I took himthis was in a dark yard in Maiden-lanethe till was given to me at the station-houseI took Ryan on the 5 th.
GEORGE COLLIER (police-constable E 38.) I produce a certificate of the prisoner Davis's former conviction of felony, from Mr. Clark's office (read)he is the person.
DAVIS GUILTY . Aged 22. Transported for Life.
RYAN GUILTY . Aged 15. Confined Six Months.
Reference Number: t18370403-1019
1019. MARGARET DALEY was indicted for stealing, on the 19th of March, 2 pairs of half-boots, value 15s.; the goods of Charles Edwin Kendall.
THOMAS CORNELL . I am shopman to Charles Edwin Kendall, shoemaker, Great Saffron-hill. On the 19th of March, the prisoner and a man came, at half-past seven o'clock, to try a pair of bootsI showed the man some, and saw him put them under the formthe prisoner took them, and put them under her cloakthen the man wanted to see some more boots, which I showed himhe put them under the form, and then wanted to see some morethe prisoner put that pair under her cloakshe was then going outI taxed her with stealing the bootsshe kneeled down, and begged me to forgive herthese are the bootsthe man went away.
Prisoner. The man asked me to show him the nearest way to SaffronhillI went with him to show him the shop where my brothers generally dealI took up a pair of boots, and asked him would they not suit him? and then this young man turned round, and said I had them under ay cloak, but I am innocent.
THOMAS CORNELL re-examined. She had not left the shopshe was just at the doorshe had got one pair under her arm, under her cloak.
GUILTY . Aged 30. Confined One Month.
Reference Number: t18370403-1020
1020. JOHN MITCHELL was indicted for stealing, on the 29th of March, 1 half-crown, the monies of Thomas Agg.
THOMAS AGO . I am a fishmonger in Clare-market. On the 29th of March I sold Mr. Ware some fish for 1s. 6dhe gave me a half-crownI dropped itthe prisoner must have been near me, but I did not notice him previously to its fallingI dropped itI had an opportunity of seeing whether it was good or badthe prisoner saw it roll, and picked it up, and handed to me one which I saw was badhe was walking offI stopped him, and said, "This is not the one you picked upgive me the good one"his hand was closedI said, "Give me the half-crown"his hand, and gave it meI put it into my pocket, and laid it out-the officer has the bad one.
Prisoner. Q. Did I not pick up the half-crown with my right hand, and deliver it to you? A. No, with your left handyou gave me the other with your right.
JAMES WARE . I paid Agg a half-crown, which I am positive was good
I saw the prisoner pick it up after Mr. Agg dropped Ithe gave him another half-crownthis is not the one I gave.
Prisoner. The one the prosecutor took away from me I had received for carrying luggage from the Bell Inn, Holborn, to Camberwell-green,I carried it in my hand through the market, and this gentleman dropped the half-crownI took it up, and gave it him.
THOMAS AGG re-examined. I asked him to open his handhe did, and showed me the half-crown, and I took it out of his hand.
NOT GUILTY .
Reference Number: t18370403-1021
1021. MICHAEL SHEEN was indicted for stealing, on the 30th of March, 1 half-crown, the monies of Lewis Garrett.
JAMES SMITH . I live with Mr. Lewis Garrett, who keeps a public-house in Clare Market. The prisoner came in on the 30th of Marchhe is a customer thereI know him very wellhe called for half a pint of beerit was between seven and eight o'clock in the morningthe baker came in for change for half-a-crownI gave him 2s., and while I was counting six pennyworth of halfpence, the prisoner took up the half-crown, and ran outI saw him running down the streethe was sober.
GEORGE WESTON . I am a policeman. I took the prisoner for an insult, and asked him what he did with the half-crown that he took from Mr. Garretthe said, "I merely took it for a lark, I meant to return it."
Prisoner's Defence. I went there for half a pint of beera man came in who had left a book for a pot of beer, and he said to me, "Sheen, is this book of any value?"I said, "I do not know, I will go down Castle street, and see if it is"while he was changing the half-crown I had my back to himI walked out to go to Mr. Potter's to see what the book was worthI and the baker went on, and returned to the public-house in half an hour, and Smith said, "Some of you took half a crown;" and then he went to the baker, and said he took it; and when I was taken, he said it was me.
JAMES SMITH re-examined. I am sure he is the person that took it and ran off with it.
THOMAS COVENEY . I went to the public-house for change for half-a-crownI laid it on the barSmith gave me the changethe prisoner to there, conversing with another person, looking at a bookI came away with my changein a few minutes Smith came to me, and said, "Did you give me the half-crown?"I said, "Yes, I will take my oath I laid it on the bar"I am shopman to Mr. Andrews of Clement's-Inn-passageI have known the prisoner by sightI do not know who took the half-crownSmith told me he did not know which of the two took it, and in a few minutes he sent in a boy for methere was a shoemaker at the bar, and Smith accused him of taking it.
JAMES JUPP . I am a boot-maker. I have known the prisoner about nine yearsI was in the public-housethe prisoner called me in that morning, respecting a book of gold that they had taken in pawn for a pot of beerI went with him down to Potter's, to ascertain whether it was real or not; but before this, the baker had been and got his changewhen we came back, Smith accused me of taking the half-crown, and said he would get a policeman to take meI stopped there, and at length one cameI said I would go with him, but he would not take me on my own chargeSmith said he did not know who had done it, but he accused me first.
JAMES SMITH re-examined. I did not accuse JuppI never said a word to him about itwhen the prisoner came back, I said I should give him in chargehe said he would be do if I should, and he ran down the streetI sent to the baker to ask him to come, and I said to him, "Sheen, the tailor has taken the half-crown, and run away with it."
HANNAH BLAND . I went to look for the prisoner to go to workI went to the public-house at twelve o'clock, and asked Smith if he had seen the prisoner therehe said he had, he was in there between seven and eight o'clockand he told me this half-crown was missing while he and the shoemaker were in company, and he could not be on his oath which of the two had it.
NOT GUILTY .
Reference Number: t18370403-1022
1022. THOMAS STONE was indicted for stealing, on the 28th of March, 1 pair of shoes, value 4s., the goods of Thomas William Bluett.
JOHN POWELL . I am a shoemaker, and lodge in the same house at the prosecutorhe is a general salesman. On the 28th of March, I was at work in the kitchen, at No. 16, Charlton-streetthese shoes were placed between half a dozen decanters and twenty-four flat irons, at the doorI saw Stone, with another person, come across the area railingI watched, and saw Stone take a pair of shoes from the doorI came up stainI saw him drop them from under his arm when Mr. Bluett cried out, "Put them down," and he run offI pursued, and a gentleman stopped himI said, "You are the person that took the shoes"he said, "I am not"I said, "You are"he said, "If you take me, we will have a fight for it"I collared him the tighter, and when he came to a turning, he said, "Here is where I live," and down he ranI went and gave information to the officerhe was taken, but he had changed his dressI knew him before, as I had seen him about.
JAMES LUCAS . I was going round my beat, and Powell came to mewe went and found the prisoner.
THOMAS WILLIAM BLUETT . These are my shoes.
Prisoner. I was coming with another young manwe were larkingI kicked against the boots, and kicked them to the gate.
GUILTY . Aged 19. Confined Three Months.
Reference Number: t18370403-1023
1023. ANN BROWN was indicted for stealing, on the 18th of March, 1 pair of half-boots, value 12s., the goods of John Elliott.
HENRY LAMB . I live with Mr. John Elliott, a pawnbroker, in Kingsland-road. On the 18th of March, about two o'clock, I saw the prisoner take these boots, which were outside the shop, lying on a shutterI went out, and caught her about fifty yards offI brought her back, and she threw them down in the shop.
Prisoner. It is all falseI was looking at a pair of boots on the first boardthis boy ran out, and said I wanted to steal themhe took them inside, and put them on a basket. Witness. She had got fifty or sixty yards from the shop.
GUILTY . Aged 26. Confined Three Months.
Reference Number: t18370403-1024
1024. JOHN VENABLES was indicted for stealing, on the 25th of March, 5 printed books, value 6s., the goods of John Branch.
ELIZABETH BRANCH . I am the wife of John Branch, a bookseller in
Plumbers'-row. On the 25th of March, between five or six o'clock in the evening, I was in a room behind the shop, and saw through a crevice the prisonercome and take five books, he put them under his coat, and went awayI told my husbandhe went and brought him backI am sure he is the man.
Prisoner. I was looking at the booksI took noneit was forty or fifty yards from where she was. Witness. It might be twelve yards.
PHILIP BUTTERY . I was passing at the time, and saw the prisoner throw the 'books in at a pawnbroker's shop, but I did not see him take them from the stallMr. Branch took him.
Prisoner. The pawnbrokers have shut up these six months. Witness. The door was open, and he threw them in.
Prisoner. I was merely looking at the booksI went away, and Mr. Branch came and collared meI came back, and some one brought in the books.
GUILTY .* Aged 21. Transported for Seven Years.
Reference Number: t18370403-1025
1025. BRIDGET BARKER was indicted for stealing, on the 26th of March, 1 watch, value 1l. 15s.; 1 watch-chain, value 1l. 6s.; and 1 watch key, value 4d.; the goods of James Williams, from his person.
JAMBS WILLIAMS . I am a painter. On the 26th of March, between three and four o'clock in the morning, I had been with a few friends, and was rather later than usual, and rather fresh, but I knew what I was aboutI fell in with the prisoner near the Union public-house, Oxford-streetthe came up to me, and asked if I would go with herI asked if she knew where I could get any thing to drinkshe took me to the Union public-house, which was shutshe took me up the yard to a back door, and we found that was all closedand then she wanted meshe caught hold of me, and all at once I put my hand down and missed my watchI asked her for itshe said she had not had itI said she had, and she should not go till I had itI caught hold of her, and called the policemanhe searched about, but could not find itin going to the station-house I was following them, and the policeman said he had got it. I am married.
JOHN STANLEY (police-constable D 48.) I was on my round, and went through the Union-yard. I saw the prosecutor, the prisoner, and a constable, who told me this man had been robbedhe was then searching about in some sawdust, but he could not find the watchI asked the prosecutor if he had his watch when he came into the yardhe said, "Yes"I said, "Did you feel it drawn from you?"he said he did notI took her, and when we got about three yards I hit my foot against somethingI asked if she had got an umbrellashe said she had notI stooped down, and in the bottom of her clothes I found this watch, in a sort of pocket or slit therethe prosecutor had been drinking, but was sensible.
Prisoner. I met the prosecutor about two o'clockwe went to the public-house door, but could not get inhe said, "There is a back door"we went there, and could not get inthen he pulled me aboutI asked what was his complimenthe said he had no money, but he would leave me 'is watchhe pulled me about, and tore my cloakhe was then knocking me aboutI told him to call the policeman, and not to knock me aboutto policeman came, and caught us both.
GUILTY .* Aged 40. Transported for Fourteen Years.
Reference Number: t18370403-1026
1026. JOHN SHUTE was indicted for stealing, on the 10th of March, 1 cape, value 2l.; 1 hat-box, value 2s.; and 5 brushes, value 10s.; the goods of Percival Adams.
PERCIVAL ADAMS . I am a solicitor, and live at Walsal, in Staffordshire On the 18th of March, about a quarter past seven o'clock in the morning, I came to townI got out of the coach at the Angel, at Islington, and called a cab from the stand oppositethe prisoner was the driverI saw my hat-box and Macintosh cape put into the cab on the seat, and the portmanteau put on the seat afterwardsI drove to No. 18, Ashby-street, Northampton-squarewhen I got out, the prisoner brought the portmanteau out to me, and I thought he had brought all the restI paid him 1s. 6d.he then went awayin five minutes I found the hat-box and cape had not been deliveredI went to the porter at the Angel to ask if he knew the numbera gentleman gave me information, and I went to Somerset-houseon Sunday, the day after this had happened I went to the proprietor of the cab, and found the prisonerhis master asked him what he had done with the cape and hat-box which I had left in the cabhe said he knew nothing of them, but he ac knowledged having driven some gentleman from the Angel to Ashby-streetI gave him into custodythe property has never been found.
Cross-examined by MR. DOANE. Q. This was at half-past seven o'clock in the morning? A. Yes, rather earlier, it was coldthe cape and box were on the seatI found the prisoner at the Horns public-house, in Shoreditch, on Sunday.
THOMAS GREEN . I am a watchmaker, at No. 9, Ashby-street. I was standing at my window, and saw the prosecutor coming to the house, No. 18, with a cabrioletthe prisoner took the portmanteau in, and came out with the money in his handI saw on the seat a leather hat-box, and what appeared to me to be a cloakhe looked about, to see if any one was observing himhe then drew them off on the bottom of the cab, and threw the board over themhe drove offI came down as fast as I could, but the street door not having been opened, before I got out he had got offbut I saw the number on the back of the cabI went over to where the prosecutor went, to tell them.
Cross-examined. Q. Was the cab standing sideways to the door be went to? A. Yesmy house is not exactly oppositeI could see these things on the seatI did not see the number when at the windowI saw into the front of the cabit had started when I got down.
GUILTY . Aged 19. Transported for Seven Years.
OLD COURT.Friday, April 8th, 1837.
Third Jury, before Mr. Sergeant Arabin.
Reference Number: t18370403-1027
1027. ANN BARTON was indicted for bigamy.
WILLIAM B. I am a farmer. I know the prisoner and her husband, William Barton, who keeps a public-houseI knew her before she married himI was present at their marriage, on the 29th of January, 1824, at Skirbeck in Lincolnshirethey lived together as man and wife for several yearsI saw Barton last Monday night in Lincolnshire.
Cross-examined by MR. JONES. Q. I believe she was the widow of a person named Taylor, who had been a butcher? A. YesI know she had one child at the time of his deathshe had about 300/. left her by Taylorafter she married Barton she went to live at KirtonI never knew that she was obliged to leave him in consequence of ill usagethey had left Kirton
before they parted, and went to live at BostonBarton got into reduced circumstanes, and all his property was sold offthe prisoner, after that, came to London, and got a situation as servantthe children were on the parishthe child she had by Taylor, and two she had by Bartonshe did not take them from the workhousethey have always been on the parish, I believeshe left Barton about seven years ago, and I understand since that she has supported herselfthe second husband is the prosecutor in this case.
JOHN FIELDER . I am the prosecutorI am a journeyman farrier, but am out of employ at present I was married to the prisoner in Trinity-church, Marylebone, on the 5th of April, 1836I had been acquainted with her for two or three monthsshe was servant to Mr. Gardener, who my parents have succeededI had no money with hershe passed as a widow with one childI discovered she was married, six weeks after our marriage, and left herI was not injured muchshe has not applied to me for relief, nor have the parishI have lost no money by her.
Cross-examincd. Q. You rather got a little by her? A. NoI got a small donationI did not continue to live with her, after I discovered that she was marriedshe was my mother's servant at the time I married hera Mrs. Barton, an aunt of her husband's, was in the habit of visiting her at my mother'sshe did not say, when I spoke to her about marriage, that she must consult her husband's aunt firstMrs. Barton knew she was going to he marriedthe prisoner said she had heard her husband had been dead more than two or three years, but, as a matter of prudence, the should consult her auntI have received money from her since I hare discovered she was marriedI have not been constantly writing to her for money, nor threatened to prosecute, if she did not give me someI have not received money twenty times since I left herit may be fifteenmy object in prosecuting is not to get moneyI am not paying my addresses to a young womanI may have said that I wasMr. and Mrs. Barton, the aunt and uncle of her former husband, were present at our marriage.
GUILTY . Aged 34.Strongly recommended to mercy. Confined Seven Days.
NEW COURT.Friday, April 7th, 1837.
Second Jury, before Mr. Common Sergeant.
Reference Number: t18370403-1028
1028. WILLIAM CALPE was indicted for a misdemeanor.
MR. ELLIS conducted the Prosecution.
JAMES CLARK . I keep the Three Tuns public-house, Oxford-street. On the 17th of March the prisoner came for three-halfpennyworth of gin, and gave me a shillingI bent it in my mouth, and said, "This is a bad hilling"he said, "I must have but a pennyworth," and drank part of itI marked the shilling, and returned it to him.
SARAH SIMS . I am a widow, and live in Old Compton-street. On the 7th of March the prisoner came and asked for half a pint of beerhe drank part of it, and gave me a bad shillingI had put down the change before I saw it was badI said, "How many more have you got?"We came in, and said, "Don't give it him again"I kept it, and marked it.
Prisoner. Q. Did not the man take it out of your hand? Witness. No.
WILLIAM LAST . I live in Charlotte-street, Bloomsbury. I saw the
prisoner about five o'clock in the afternoonI watched him to Mr. Clarke's in Oxford-street, and saw him come outI watched him down the streethe went into Mrs. Sims's.
RICHARD PEARCE . I live in Charlotte-street. On the 17th of March I saw the prisoner with a woman in Russell-street, about four o'clock in the afternoonI followed him to Mrs. Sims'sshe was holding up a shilling, and said, "How many more of these have you got?"the shilling was marked by Mrs. SimsI have had it ever sinceI accompanied the pri soner to the station-house, and found ten more counterfeit shillings, in a piece of cloth, tied round his person.
MR. JOHN FIELD . I am inspector of coin to the Mint. These shilling! arc all counterfeit, and cast in the same mould.
GUILTY .* Aged 32. Confined Two Years.
Reference Number: t18370403-1029
1029. ARRIET TAYLOR and NOAH AARON were indicted for a misdemeanor.
THOMAS NELSON . I keep the Noah's Ark beer shop, Curtain-road. On the 6th of March, about eight o'clock in the evening, the prisoner Taylor came for half a pint of beermy wife served hershe offered sixpenceit was put into my hand, and I perceived it was badshe paid for it with a penny she had in her hand, and went outI followed her into the Curtain-roadabout fifty yards from my house I taw the male prisoner cross over and join hershe put her hand to his hand and seemed to give him somethingI followed them to Shoreditchthe man went to an eating-house, bought some pudding, came out, and gave her partthey eat it, and went on to Norton Falgate, and stopped at the door of a public househe then put his hand to her hand, and seemed to give her somethingshe went into the househe walked onI went into the house and saw the female prisoner at the counter, and a six pence on it which the bar-maid was taking upI told her to look at it, which she didit was badI told them to secure TaylorI went out, and saw Aaron standing by the new theatreI seized him by the collar and said, "You scoundrel, I have got you"he put his hand to something and threw a white parcel over the paleshe got his arm out of his coat, and he had no shirt onhe tried to get the other arm out, I let go his coat and seized him till assistance came.
CATHARINE BREDEN . I am barmaid at the King and Queen. About half-past eight o'clock the female prisoner came and called for a small glass of peppermintshe threw down a sixpenceNelson came in and told me to look at it, he thought it was badI saw it was bad, and put it on the counterit was taken up by Wrensted.
THOMAS WRENSTED . I was at the King and QueenI saw the six pence lying on the counterI took it up, and saw it was badI kept it till the policeman arrived, and gave it to him.
THOMAS SPURGEON . I am a policeman. On the 6th of March I was on duty in Shoreditch about half-past eight o'clockI saw a great many persons round the King and QueenI went in and received this sixpenceI took the female prisoner to the stationthe other prisoner had been takenI found a bad sixpence in his right-hand trowsers pocket, and twelve halfpence, and a key, and candle.
WILLIAM FARRELL . I am a private watchman at the new theatre in Norton Falgate. A little before nine o'clock in the evening I saw Thomas Nelson come and lay hold of Aaron's collarI assisted in securing him
I looked inside the rails of the theatre, where I saw him throw this little I white parcelI picked it upit was a bit of tissue paper with nine sixpences in itI gave it to the policeman.
PETER DIXON (police-constable G 222.) I was on duty in Shoreditch on the 6th of March, near the theatreI found Farrell and Aaron thereI got these nine sixpences from Farrellthey were loose, out of the paper, and all brightI found the paper afterwards in the same place where he took them upthe key was given me by a brother constableAaron acknowledged to me that he had been living with this woman for the last three years, but she was not his wifeI took the key, and went to a lodging to which he directed methe key opened the doorI found there a bag of plaster of Paris, a file, and spoon, and some pieces of plaster of Paris moulds.
Taylor. I deny those things being at my place. Witness. I found them in a cupboard which was open, hid under about a peck of ashesthe spoons were on the shelf.
WILLIAM PARRIS . I am landlord of the house No. 12, Rose-lane, and am a marine store dealer. The prisoners occupied a room in my houseI saw the policeman come there on the 6th of MarchI was present when he found these articlesthe prisoners had lived there nearly eight months.
MR. FIELD. I have examined these eleven sixpencesthey are all counterfeit and cast in the same mouldI have examined what was found at the prisoners' lodgingsthey are such things as are applicable to the purpose of casting cointhe file, and the spoon, and plaster of Paristhese are parts of moulds, but there is no impression of any money on them.
TAYLOR GUILTY . Aged 18. Confined Six Months.
AARON GUILTY . Aged 20. Confined One Year.
Reference Number: t18370403-1030
1030. HENRY CLARK was indicted for a misdemeanor.
WILLIAM EDWARDS . I am a hair-dresser, and live in Westminster. The prisoner came to my house on the 12th of March for a pot of circaslian cream, which was 1s.he offered me a crown pieceI gave him change, and he went outI put the crown into my waistcoat pocketI had no other money therein about two minutes I looked at it and found it badI marked it, and went out for a policemanI gave it him.
Prisoner. I was never near the shop all that day. Witness. I can swear to his personhe was dressed as he is now, and had a yellow silk handkerchief round his mouth.
MICHAEL ELLIOTT (police-sergeant B 10.) I received the crown from Edwards.
AMELIA PONSFORD . I am bar-maid at the Suttling-house, at tat Hone Guards. On the 14th of March the prisoner came for change for a crown-piecehe did not buy any thingI gave it to Mr. Gregorhe give it to me again, and went for a policemanwhen he came, it was given to the constableI am sure the prisoner is the manit was marked.
Prisoner. After she gave it the policeman it was handed back to Mr. M'Grcgor, and then he took it into a parlour by himselfit was out of her light. Witness. No, it was not.
BRICE M'GREGOR . I was standing by the side of the bar when the prisoner came on the 17ththe bar-maid said to me, "Look at this crown, is it a bad one?"it was a bad oneI gave it her, and fetched a policeman, and gave it to himit was in my possession till I marked itI never quitted the presence of the policemanit was never from the barthe policeman and one or two more looked at it previously to my marking itit was not at all out of my sight.
JOHN PASSMORE MUMFORD (police-constable A 35.) I was called and received the prisonerI got this crown from PonsfordI have kept it ever sinceI am sure it is the same as I got from herit is marked with an R.
MR. FIELD. These are both counterfeit, but I cannot say they are from the same mould.
Prisoner. I know nothing at all of the firstthe second I had, but did not know it was badI was coming along by a gateway and I picked it up, and wrapped it in a piece of paper.
GUILTY . Aged 19. Confined Six Months.
Reference Number: t18370403-1031
1031. GEORGE JONES and MARY RICHARDSON were indicted for a misdemeanor.
RICHARD COTTON . I am cashier to Mr. Mallett, a linen-draper in Shoreditch. On Friday night, the 3rd of March, the female prisoner came in at a quarter before seven o'clock for a yard of print, which was 9 1/2 d. a yardMr. Pell served hershe offered a half-crownit had not been out of my sight before I took possession of itI took it from off the counterI thought it was bad, and marked it with a pair of scissors, and put it into my deskI gave her change, and followed hershe turned to the right hand, and there she met the male prisoner, and they both went off together in companyI had no opportunity of seeing what she did before she joined himmy master took the half-crown from the desk.
JAMES COCKLIN . I am a shoemaker, and live in Perry's-court, Hack ney-road. On the 4th of March, I saw the prisoners in Shoreditcb, about a quarter past eight o'clock, standing between thirty and forty yards from Mr. Mallett's shop, talking togetherI went as far as Shoreditch church, and returned in about a quarter of an hour, and saw them in the same place.
WILLIAM PELL . I was shopman to Mr. Mallett. On the 3rd of March I served the female prisoner with some print, which was 9 1/2 d. a yardshe gave me half-a-crownthe cashier took iton the Saturday, she came into the shop again, about a quarter past nine o'clock, and purchased two yards of ribbonit came to 6d. and a cap which was a 1d., which made 7d.she offered a half-crown in paymentI saw it was badI kept it in my. possession, and gave it to the constableit was not out of my possession before he cameI marked it.
SEPTIMUS HERBERT . I am shopman to Mr. Mallettthe shop is largeon Saturday evening, the 4th of March, the male prisoner came into the shop about nine, or a quarter past nine o'clockhe desired me to show him some cotton handkerchiefshe selected one, and threw down a half-crownI examined it, and found it badI bent and marked itRichardson was in the shop at the same timeI detained Jones for a minute or so till she had paid for what she had purchasedat this time both the prisoners were taken, and I gave the half-crown to the constable.
JOHN SMALLPAGE MALLETT . I am the master of Septimus Herbert I produce a counterfeit half-crown, which I got out of the cashier's till on Fri day night, the 3rd of March.
RICHARD COTTON re-examined. This is the one I marked.
JOHN SMALLPAGE MALLETT continued. The two prisoners came in on Sa turday eveningRichardson came in first, and Jones in about five minutesI saw him tender a bad half-crown to HerbertI detained himRichardson on the other side tendered anotherthey were taken into custody together.
GEORGE GREEN (police-constable H 139.) I was called into the shop, and received this half-crown from HerbertI had seen the prisoners before, about half-past eight o'clock, in company together in Shoreditch; and also about half-past four o'clockI charged Jones with being in company with the womanhe said he had notI have seen them together in the street repeatedly.
ROBERT REED (police-sergeant G 19.) I received this half-crown from Mr. Pell.
MR. FIELD. These are all counterfeitthe two last are cast in the same mould.
Jones's Defence. I never was in the shop beforethey say I went in three times with the female prisoner, but I did notI gave the half-crownbut I did not know it was bad.
Richardson's Defence, I met my sister, who is married, and my mother allowed me this half-crown to buy me clothesI gave him the half-crown.
JONES GUILTY . Confined One Year.
RICHARDSON GUILTY . Confined Six Months.
Reference Number: t18370403-1032
1032. GEORGE PARKER was indicted for a misdemeanor.
EDWARD HOEY, JUN . I am the son of Edward Hoey, who keeps the Anchor and Crown, King-street, Westminster. On Saturday evening, the 4th of March, the prisoner came, with another man for a pint of porterhe offered a bad shillingI saw it was bad, and charged him with ithe wanted me to give it backI refusedI told him if he did not give me another, I would fetch a policemanhe then paid me another shilling for the beer, and went awayI marked the Sad one, and laid it upI gave it the officer.
Prisoner. Q. Can you swear it was me? Witness. Yesit was about ton o'clockthe other man drank with him out of the same pot.
ABRAHAM CHARLES ALLEN . I am errand-boy to Henry Lucas, a con fectioner in Bridge-street, Westminster. On the 2nd of March the prisoner bought two buns at a penny eachI gave them to him, and he gave me a bad shillingI told him it was badhe said he would give me anotherI went to call one of the men up to see if it was badhe said, "Yes"the prisoner said nothing about having it backthe policeman came, and I gave him the shilling.
ROBERT WARDLOW (police-constable L 101.) I had occasion to go into the shop to purchase something, and saw the prisoner standing at the counterhe looked round at meI said, "You have got a bad shilling there, have you not?"he said, "Yes"I said, "Let me look at it"he said, "Oh, here is a good one"I said, "Never mind, I will keep the bad one"I took him to the station, but found nothing on himhe was then discharged and apprehended afterwards.
EDWARD JOHN HANDLEY . I am chief constable of Queen-square. I was at the Anchor and Crown, on the 7th of MarchI saw Edward Hoey tare, and from the descripton he gave me, I took the prisoner.
MR. FIELD. These are both counterfeit, and from the same mould.
Prisoner. I did not know the shilling was bad.
GUILTY .* Aged 22. Confined One Year.
Reference Number: t18370403-1033
1033. THOMAS HARVEY was indicted for a misdemeanor.
HENRY JOY . I am a butcher, and live in Bray's-buildings, Lower-road
Islington. On the 7th of March, about eight o'clock in the evening, the prisoner came for a mutton-chopit came to fourpencehe gave a half-crownI gave him changehe left the shop immediatelyI looked and saw it was badI looked out, and he was running as fast as he couldI put the half-crown into the drawer, in a corner by itselfI am positive the prisoner is the personI have not the least doubt of it.
WILLIAM GOODMAN . I deal in beer, and live in Cross-street, Islington On Friday the 10th of March, between twelve and one o'clock in the day the prisoner came to my house for half a pint of beerthat was a pennyhe offered half a crownI saw it was badI went round the counter, and took him, and gave him into custodyI asked where he took ithe said he did not know, he took it last eveningI marked it.
Prisoner. I found a penny afterwards, I did not know I had it. Witness. He never offered me a pennythe half-crown was never out of my hand.
CORNELIUS HANNAN (police-constable 223.) I took the prisoner. I received this half-crown which I now producethere was one penny-piece found on the prisoner.
MR. FIELD. These arc both counterfeit, and cast in the same mould, I believe.
GUILTY . Aged 20. Confined One Year.
Reference Number: t18370403-1034
1034. JOHN ELSON was indicted for a misdemeanor.
JOACHIN DE PRATIZ . I belong to the medical profession, and live in London-street, Fitzroy-square. On the 16th of February, between ten and twelve o'clock, the prisoner came into the shop, and asked for two penny worth of JubesI conversed with him a little on the nature of his diseasehe gave me a half-crownI returned him 2s. 4d.as soon as he went away, I looked at the half-crown, and found it was base coinI wrapped it in paper, and put it away to see if he would come again, or if I should see him in the streeton the 22nd of March, he came and asked for a penny worth of poppy-headsI said, "There is none in the shop"he said, "You have some Epsom-salts, give me a penny worth"I gave it himhe put down a shillingI looked at it, and saw it was badI said, "My boy, you are here again with a bad shilling"as soon as I said that, he bolted offI pursued, crying "Stop thief"and he was takenI gave the money to the policeman.
Prisoner. The policeman marked the half-crown himself on the night he gave him the shillingI did not give him the half-crown at allI was at work that day.
JOHN LEGGATT (police-sergeant E 4.) I heard the cry of "Stop thief "I took the prisoner back to the shop, and got a shilling and half-a-crown, which the prosecutor said he had taken from him on the 16th.
MR. FIELD. These are both counterfeit.
Prisoner. The policeman told me that the half-crown was uttered at nine o'clock at night, then he said that it was given at ten or eleven o'clock in the morning, but I never was in the shophe got hold of my collar, and called me a vagabond, and I got away as fast as I coulda young man at Clerkenwell told me that he gave him the half-crown.
GUILTY . Aged 19. Confined One Year.
Reference Number: t18370403-1035
1035. CATHERINE CONNELL was indicted for a misdemeanor.
WILLIAM DOWDEN . I am a carter and live at Hounslow. On the morning of the 25th of February I was in Covent-garden marketthe prisoner came and asked the price of a bundle of brocoliit came to 4d.she gave me a sixpenceI bit it in two and gave one piece to my son-in-lawI do not know what became of the otherI afterwards went to the station-house and saw the prisoner.
THOMAS RICHARD WIGGANS . I am twelve years old. I was in Covent-garden market, and saw the prisoner give my father a sixpencehe bit it in two and threw it downshe picked up one piece, I picked up the othershe said she would take it to the person who gave it to herI gave the half to Mr. StaceI am sure it was part of what she gave my father-in-law.
JAMES STACE . I am a constable. I was in the market, and saw the prisonerI watched her and took her into custodyI asked what she had got in her handshe admitted having a bad sixpencethis is itI got this half sixpence from Wiggansthere was nothing on her.
MR. FIELD. This sixpence is counterfeit, and this piece is part of a counterfeit sixpence, and I believe they were cast in the same mould.
Prisoner. I took them in selling my own goods.
GUILTY . Aged 61. Confined One Year.
Reference Number: t18370403-1036
1036. JAMES DONOVAN and MARY FLANNAGAN were indicted for a misdemeanor.
ANN DUFF . I am the wife of Mr. Duff, who keeps the Eagle tavern, Camden Town. On the 27th of February, Donovan came for half a pint of portermy little girl served himhe paid her sixpenceshe put it into my handI saw it was bad, and asked why he brought such a bad six pencehe said he did not know it was bad, and asked me to let him look at it againI marked it with my teeth, and gave it him backabout this time I saw Cooke, and in consequence of what I said to him, he went to watch the prisoner.
ANN BROOKS . I keep the Fortune of War, Kings'-road, Camden-town, a short distance from the Eagle tavern. On the 27th of February a man came to my bar for half a pint of porterI could not swear to the male prisoner, but he was dressed like himhe put down a sixpenceI rubbed it and found it was badI marked it a little with my teeth, and said "This is a bad one, you must know it"he took it up, left the porter, and went outabout this time Cooke came inI knew Cooke, as I had seen him about the neighbourhood before.
ELIZA LIPSCOMBE . I am niece to William Norcutt, a tobacconist in the King-road, St. Pancras. On the 27th of February Donovan came and wanted half-an-ounce of tobaccoI weighed ithe put a shilling on the counterI found it was badI gave it to my auntshe looked at itabout this time Cooke came into the shopmy aunt was looking at it, and held it in her hand for Cooke to look at, and the prisoner took it from her handCooke seized him.
JOHN COOKE . I am a carpenter, and live at Camden Town. I happened to be near the Eagle tavernI saw Donovan go in and come outMrs. Duff spoke to meI followed Donovan to Prebend-streetI saw the other prisoner in that street, and Collinder, who was with me, watched them over the canal bridgesomething passed between themthe woman seemed to offer her hand to the man, with something in itI saw the man turn bad and go into the Fortune of WarI saw him come outI remained
outsidethe woman walked on slowly about a hundred yards from the public-housewhen the man came out he overtook herthey were then together againI went in to see Mrs. Brooks, and then went to the station for the constableCollinder was watching the womanI had some communication with him that induced me to go to Mr. Norcutt's shop, and Donovan was thereLipscombe was looking at the shillingI said the man had been to one or two places offering bad money, and I asked her to let me look at ithe turned and snatched it from her handI asked him for ithe said, indeed he would not let me have ithe then turned round and put his hand to his mouth, as if to wipe his mouthI gave him in charge, and saw him searchedthere was no shilling found on him, only one halfpenny.
GEORGE COLLINDER . I live in Kentish Town. I was with Cooke outside the EagleI saw the prisoners together in Prebend-streetI saw them exchange something from one to another, about thirty or forty yank from the Fortune of Warit seemed that each handed something to the otherI believe the man went into the Fortune of WarI saw him coming towards it, but I went to the back of the house, to see whether he tamed up Pratt-streetI went into the Fortune of War, and went after the pri sonersI saw them in company together about three or four yards past Target Cottage, which is Mr. Norcutt'sthe man turned back againI then went into the shop, and communicated with CookeI afterwards saw the police-constable take the woman.
WILLIAM SIMMONS (police-constable S 97.) Flannagan was pointed out to me by Collinder, and I took hershe denied having passed any money, and she said she knew nothing at all about the manshe denied having been in company with him, and she said she was going to St. Pancras work-house to see some friendshe delivered up nine good shillings, three good sixpences, one counterfeit sixpence, and 9d. in coppershe was asked if she had any moreshe said she had notI then got a woman to search her.
SARAH WILSON . I was called in to search Flannagan at the station, about three o'clockI asked if she had any thing about hershe said, "Nothing"I began to undress hershe resisted very much indeed, and pot her hand into her pocketI said, "Let me see what you have got thereshe seized my arm when I attempted to put my hand into her pocketI was forced to call a constableI found these four bad sixpences in a corner of her pocket, in a little partition, quite at the bottom, so that they should not make the least noiseshe called me an old smasher.
JESSE SHOPLAND (police-constable S 44.) Donovan was given into my custody by Cooke, who said he had got a shilling on him, or had swal lowed itI searched him, and found one good halfpennyI asked what he had done with the shilling, and he said, "Search me"this good sixpence was in Flannagan's pocket.
MR. FIELD. These are all counterfeitfour are cast in the same mouldthe other is so bent I cannot tellthe last one put in is of the same mould as three of the othersthe bent one is one of the four found in the woman's pocket.
Flannagan. I changed half a sovereign in the street for a bunch of greens, and I had some in my pocket on Monday morningand I went to Drury-lane, and pawned something for 6s. 6d.I had got it all in my pocket.
FLANNAGAN GUILTY . Aged 59. Confined One Year.
DONOVAN NOT GUILTY .
Reference Number: t18370403-1037
1037. WILLIAM HILL was indicted for a misdemeanor.
CHARLES OTWAY (police-sergeant N 7.) I was in a public-house, at Whitehall, at five o'clock on the 1st of AprilI followed the prisoner and two others into the housethe prisoner called for a pint of porterI saw him lay a shilling upon the ledge of the counter with his thumb and fingerI went by the side of him, and called for a glass of ale myselfI had my plain coat on, but police trowsershe looked round, and looked downhe did not pay the shillinghe put it out of his right hand into hit left, and took a penny out of his pockethe said to one of his companions, "I only have a penny"one of his companions immediately lent him a penny morehe paid for the porter with the two penniesI then took hold of him, and asked what he had in his handhe said, "Nothing"I took hold of his hand, and found this shilling in his left handhe had it clenched, and I was obliged to open itI asked him where he got ithe said his mother gave it himand between the crown and cover of his hat, which was covered with oil-skin, were these two shillings wrapped up in the thumb of a glovethese are the three shillings.
MR. FIELD. These shillings are all counterfeit, and from the same mould.
Prisoner. I had no food all day, two men came up and took my hat down, and were playing with it, and they asked me if I would pass the bad shilling for some foodI do not know how the two shillings came into my hat, without the two men placed them there.
(The prisoner received a good character.)
GUILTY . Aged 17.Recommended to mercy by the Jury. Confined Three Months.
Reference Number: t18370403-1038
1038. FREDERICK ALEXANDER CANDLER was indicted for stealing, on the 21st of March, 136 yards of linen cloth, value 5l. 10s.; 63 towels, value 3l. 14s.; 19 table-cloths, value 11l.; 10 knife-cloths, value 2s.; 6 stocks, value 19s.; 37 sheets, value 7l.; 72 yards of cotton cloth, value 2l. 8s.; 6 Doylis, value 4s.; 20 glass-cloths, value 15s.;13 pillowcases, value 1l. 6s.; 8 yards of calico, value 5s.; 6 dusters, value 4s.; 24 collars, value 1l.; 10 handkerchiefs, value 1l. 10s.; 1 shawl, value 6s.; 5 toilet-covers, value 12s.; 1 table-cover, value 10s.; 2 pairs of stockings, value 8s.; and 1 night-cap, value 4s.; the goods of John Scales Christian, his master; to which he pleaded.
GUILTY . Aged 22. Confined Two Years.
Reference Number: t18370403-1039
1039. MARIE SMITH, alias Caroline Bernard , was indicted for stealing, on the 22nd of December, at St. James, Westminster, 2 brooches, value 6l.; and 2 buckles, value, 1l.,; the goods of William Saul Else, in his dwelling-house; and that she had been before convicted of felony.
WILLIAM SAUL ELSE . I live in Burlington-arcade, in the parish of St. James, Westminsterit is my dwelling-housemy house adjoins the shopit is all one houseabout the 22nd of December, the prisoner came to my shop and asked to look at some broochesI have no doubt it was the prisonerI remember her face quite wellit was in the afternoonI do not remember the exact hourI showed her a great variety of brooches, and afterwards some bucklesafter she had examined the brooches she said there was none that would suit hershe required two alikeI had none according to the description she wished, and promised to get her someshe desired me to do so, and to send them, giving me the address of Mrs. Brownbrig, or Brownbrig, No. 1, Clarence-terrace, Regent's-parkI sent the brooches there that eveningthere was no such person therethey were
brought back by my sonI did not miss any articles immediatelyI do not recollect that I had seen the prisoner before, or since that, at my shoponly my son and me serveon the 18th of March I heard something, and went to Vine-street police-stationI saw two brooches there which are my property, and two buckles which I have every reason to believe are mine but I cannot positively swear to themthe value of the brooches is 6l.they cost me thatthey are separateI am sure I never sold either of thenI cannot tell when they left my shop.
ARTHUR THOMAS ELSE . I took some brooches from my father's, on the 22nd, to Mrs. Brownrigg, of Cornwall-terrace, Regent's-park. I forget the numberI am not certain that I went to Corn wall-terrace, but I am certain I went to the address the prisoner gave my fatherI was not then when she gave the addressI went where my father told me.
JOHN JARVIS (police-sergeant C 13.) I went to No. 32, Great Portland-street, on Monday, the 20th of March, and found these brooches there, in a small box, on a table in the second floor front room. I brought them to the station, and they were identified by the prosecutorI did not see the prisoner thereI saw a servant and a child.
Prisoner, I never left any thing on the table. I had a great many broocheseven in the station-house they took some brooches that were given to me ten years ago, and they swore to them.
WILLIAM SAUL ELSE re-examined. I am sure that these two were shown to the prisoner on the 22nd of Decemberthey were in the tray that I showed her.
ELIZABETH MURTON . I live at No. 62, Great Portland-street. The prisoner had my second floorshe took it on the 19th of November, and continued there five monthsshe was there up to the 20th of Marchshe if married, to the best of my knowledgeher husband was not living with herno one had access to this room but her servant.
ARTHUR THOMAS ELSE re-examined. I never served the prisoner with any thingall the articles were served by my father.
(The prisoner put in a written paper, slating that if she had been in her senses, she should not have been in her present situation, and imploring mercy, but did not account for the property.)
JOHN COLLISON (police-constable L 12.) I produce a certificate of the prisoner's former conviction from Mr. Lainson, the Clerk of the Peace for Surreyshe is the person described in it(read.)
GUILTY . Aged 32. Transported for Life.
Reference Number: t18370403-1040
1040. JOHN DRAKE was indicted for embezzlement.
MR. JONES conducted the Prosecution.
JOSEPH GOULDING . In April, 1834, I had a house in the boot and shoe trade, in Church-row, St. Pancras. The prisoner was in my service, and is now my apprenticehe came to me in April 1831in April 1834 I was confined for debt, and my wife carried on the businessthe prisoner never accounted to me for 3l. 9s. 6d., as received from Mrs. Priddle.
Cross-examined by MR. DOANE. Q. How long were you in Whitecross-street? A. From the 20th of February to the 3rd of Maythe prisoner had then been about three years in my employthere was never any cause of complaint suggested by him against me, that I am aware ofnever any thing like a warrant taken outmy wife told me his father had taken one out for ill treatment, and she had to go to Marylebonc Officea question referring to my wife is not referring to meI have been up at the policeoffice
about himI made a complaint against himthere was no complaint against me then, nor at any subsequent timehe was sent for two months to the House of Correction for running away from me.
MR. JONES. Q. Were you ever in custody on any warrant? A. Nothe prisoner was a parish apprenticeI received 2l. 10s. with himI was to receive the same sum the day after he ran awayhe took hit indentures with himhe broke open a box to get them.
HENRIETTA GOULDING . On the 11th of April, I sent the prisoner with twenty-four pairs of boots, to deliver to Mrs. Priddlethey were 3s. 6d. a pairhe was to receive the moneyI told him to return home at quickly as possible, and pay it to meI authorised him to receive the money for themhe did not bring itI called on Mrs. Priddle next morning, but I never saw him again till he was in custody.
Cross-examined. Q. Had you been in the habit of sending him out with goods? A. Yeshe was in the habit of receiving money.
MARTHA PRIDDLE . In April, 1834, I ordered some boots of Mrs. Gouldingthe prisoner brought twenty painI paid him 3l. 9s. 6d.the next day Mrs. Goulding came to meI showed her the bootsI did not take any receipt from the prisoner.
Cross-examined. Q. You are in business? A. Yeswe do not put down any thing of this sortthe money was paid over the counterI paid him 3l. 9s. 6d.
EDWARD M'DOWALL . I am a policeman. I took the prisoner on the 9th of Marchhe came into Hatton-garden-yard, and said, "I am not guilty of the felony, but I had the money from Mrs. Priddle for the boots and shoes, and I spent it, thinking I should be able to get it back"he had been before the Magistrate when he said that.
GUILTY . Aged 21.
Reference Number: t18370403-1041
1041. JOHN DRAKE was again indicted for stealing, on the 11th of April, 5 pairs of half-boots, value 16s.; 13 pairs of slippers, value 26s.; and 3 pairs of shoes, value 5s.; the goods of Joseph Goulding.
HENRIETTA GOULDING . I delivered to him, in April 1834, five pairs of half-boots, thirteen pairs of ladies' shoes, and three pairs of children's, to take to Mrs. Priddle for inspection, and if and did not approve of them, to bring them backI did not see him afterwards.
Cross-examined by MR. DOANE. Q. Did you give him these to take to Mrs. Priddle? A. Yes, with the twenty-four pairs of boots.
MARTHA PRIDDLE . The prisoner did not deliver to me the four pairs of half-boots, the thirteen pairs of ladies' slippers, and the three pairs of childrens shoesthe shoes had not been ordered by me, only the bootshe showed me some shoes, but I immediately declined taking themhe put them into his basket and took them away.
(The prisoner received a good character.)
GUILTY . Aged 21. Confined Six Month.
Reference Number: t18370403-1042
1042. ELLEN NEWLAND was indicted for stealing, on the 28th of March, 3 1/2 yards of merino, value 6s., the goods of Thomas Reed and another; and that she had been before convicted of felony.
JAMES ROBERTS . I live in Farringdon-street, and am in the employ of Thomas Reed and his partner. On the 28th of March, the prisoner came for a common calico, about 3 1/2 d. or 4d. a yardshe asked me to cut her off a yardin the mean time I perceived her putting something under her clothes, that she had taken off the counterI rolled up the calicoshe was going to receive her halfpence, and I told her to give up
that which she had got under her clothesshe threw this merino on the ground, and ran out immediatelythis is itI had not sold it herI picked it up, and immediately ran after herI overtook her just as she was going into Field-lane, and brought her backshe begged me to forgive her.
Prisoner's Defence. My mother sent me out to gut a yard of calicoI was coming outI do not know but I might knock the merino down, but I had not got it Witness. She had got nearly out when she threw it down, and ran out, and left her calico and halfpenceit was about half a yard from the counterI saw her throw it down plainly.
THOMAS BOYLE . I produce a certificate of the prisoner's former con viction, from Mr. Clark's office(read)she is the girl.
GUILTY . Aged 14. Transported for Fourteen Years.
Reference Number: t18370403-1043
1043. CHARLOTTE CLAYTON was indicted for stealing, on the 14th of March, 5 sovereigns; 3 half-sovereigns; and 1 shilling; the monies of Peter Elisha from his person.
PETER ELISHA . I am a straw salesman, and live in Bennetts-place, Bethnal-green. On the 14th of March I was standing at the end of Tottenham-court-roadthe prisoner came to me, and I went with her a very little way, not many yards, and sat down in a chair in a room clow by where we walkedI was not there one minute before her hand was in my pocket, and she took the money outI said (not judging that she had robbed me, but that she was about to rob me) I would leave the housethe said, "No, I did not intend to do it"I said, "I will leave the home"I was going outshe was near meI charged her with it again, and the policeman heard mehe said, "If her hand was in your pocket you are robbed"I felt, and missed the moneyI had 22l. 10s.I know what I took out, and I know what I had receivedthis was between eleven and twelve o'clock at nightI had been drinkingI was sober enough to know that I had got the moneyI swear I went into the house with 22l. in my pocketwhen the policeman said I had lost something, 1 judged I had lost between 5l. and 6l.I had 15l. or 16l., or something of that leftI am satisfied I lost 6l. 10s. in goldwhen the policeman came into the house he said to the prisoner "You have got some money I have no doubt, let me have it"she said she had nothe gave her a twist, and she dropped the money, 6l. 11s.
JOHN JONES (police-constable S 77.) I heard the prosecutor and the prisoner talking about half-past twelve o'clock, within twenty yards of a brothelI heard him say, "I know you had your hand in my pocket"she said, "It is cruel of you to think so"I said, "Sir, you are robbed"he said, "No, I think I was too quick for her"I said "See," and he said, "My gold don't feel so heavy as it was"I took her two hands, and took her into the room, and these five sovereigns, three half-sovereigns, and one shilling fell from her, wrapped up in her glove.
GUILTY .* Aged 25 Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
Reference Number: t18370403-1044
1044. WILLIAM GREEN was indicted for stealing on the 1st of March, 18 knives, value 10s.; 18 forks, value 10s.; 3 sheets, value 15s.; 2 saws, value 4s.; 1 bonnet, value 1l. 10s.; 2 frocks, value 5s.; 18 napkins, value 1l.; 8 bed-gowns, value 10s.; 2 petticoats, value 2s.; 6 caps, value 12s.; 1 shirt, value 18d.; 2 gowns, value 8s.; 6 aprons, value 6s.; 2 table-cloths, value 10s.; 6 doyleys, value 8s.; 1 frock, value 7s.; 4 waistcoats, value 8s.; 1 coat, value 4s.; 2 umbrellas, value 10s.; 1 parasol, value 3s.; 1 muff, value 15s.; 1 handkerchief, value 10d.; 2 printed books, value 4s.; 1 hone, value 2s.; and 37 numbers of a book called the Bible, value 5s.; the goods of Robert Hibbs.
MARY ANN HIBBS . I am the wife of Robert Hibbs, a whitesmithwe live in Red Lion-street, Whitechapelthe prisoner came to lodge there on the 4th of February, and staid there till the 3rd of Marchhe went away of his own accordI missed all these things before he went, and ac cused him of ithe denied itI told him, provided he would tell me the truth I would freely forgive himbut he did nothe said he would willingly as sist me to find the rogue, and he ought to be hung.
CATHERINE ELIZA SOHNGE . I live with my husband in Essex-street I have known the prisoner since Christmason the 20th of February he brought half a dozen knives and forks to my houseI bought them of him.
THOMAS BOUSFIELD . I am a fire wood-cutter. I bought this saw of the prisoner for 9d., on the 2nd of March.
JAMES HOWARD (police-constable H 105.) The prosecutrix told me she had lost some goods, and gave me a description of the prisonerI went to the Two Bells, and took himI produce these knives and forks, and saw.
Prisoner. I was out of placeher son said that she took in lodgersher house is nothing but a common brothelshe bad three notorious thieves and two prostitutes living in the same room: and when I went, she said she had been robbed of several thingsthese things were missing on the Saturday after I went, when I had been there about two nightsI went on ThursdayI am guilty of selling the saw, but nothing else.
MARY ANN HIBBS re-examined, I deny itI have lodgers, one has been with me three years, and another seven yearsthese are my property.
GUILTY . Aged 22. Confined Six Months.
Reference Number: t18370403-1045
1045. ROBERT ALLINGTON was indicted for stealing, on the 22nd of March, 2 handkerchiefs, value 5s., the goods of Andrew Jorden.
SARAH DENNIS . I am servant to Miss Atkins, a dress-maker, in Regent-street. The prisoner lived there as an errand-boy for two dayswe had a lodger of the name of Andrew JordenI saw the prisoner with a handkerchief blowing his noseI asked him to let me look at itafter sometime he didI told him it was Mr. Jorden'she said he had bought it, and given 4s. for itI told my mistress, who I gave it to, and he was taken upthis is itI did not ask him of whom he bought it.
Cross-examined by MR. DOANE. Q. Was he taken up the same day? A. Yes, he Was using it openly.
THOMAS GAMMON . I live with Mr. Thompson, of Sloane-street, a pawnbroker. I have a handkerchief pawned by the prisoner in the name of Brown, on the 22nd of March.
ROBERT ASHBY (police-constable D 20.) About two o'clock on the 22nd of March I was called to Regent-streetI went into the back parlour where the prisoner was, and Miss Atkins gave this handkerchief to me, which she said her servant had taken from the prisoner, and the duplicate of the other handkerchiefI asked the prisoner how he came to take these thingshe said he did not know, and that he had lived upwards of twelve months in his last situation, and never took any thing.
SHEIKH IBRAM SILLAMAN . I am a servant to Mr. Andrew Jordenthese are his handkerchiefs.
Cross-examined. Q. Is your master away? A. Yes, in Francehe has been there a fortnightthese are India marked handkerchiefsI know them by the hemthere are no initials on themI swear to them from their appearanceI have seen other gentlemen have handkerchiefs like them.
NOT GUILTY ,
Fourth Jury, before Mr. Sergeant Arabin.
Reference Number: t18370403-1046
1046. JOHN DAVIS was indicted for stealing, on the 28th of March, 1 pair of boots, value 14s., the goods of William Moore.
HENRY RICHMOND . I was near Mr. Moore's shop on the 28th of March, between eleven and twelve o'clockI saw the prisoner come out from the door in Upper Kingsgate-street, with another young man, with a pair of bootsI saw them tearing some large tickets off the boots, which had the prices of them onthe young man came to the door, and looked outI made inquiry, and then ran and caught the prisoner in Upper Kingsgate-street, with the boots wrapped up in a silk handkerchiefhis companion made his escape.
Cross-examined by MR. DOANE. Q. What was wrapped up in the handkerchief? A. The bootseach of them had one when they came out of the shopthe prisoner had them when I took him about 200 yards off.
WILLIAM MOORE . These are my bootsthey had tickets on them.
Cross-examined. Q. When had you seen them last? A. About five minutes before.
GUILTY . Aged 18. Confined Six Months.
Reference Number: t18370403-1047
1047. JOHN SMITH was indicted for stealing, on the 20th of March, 1 pair of trowsers, value 8s., the goods of George Worcester.
CHARLES DINGLE . I am shopman to Mr. Bidmead, of Holborn, nearly opposite Mr. Worcester, who keeps a hosier's-shop. I saw the prisoner about half-past nine o'clock in the evening, on the 20th of March, by the windowhe put in his hand, and took the trowsers from inside the doorhe ran up Hatton-gardenI pursued, and he threw them into a courtI took himhe and another boy with him, who had a stick, began thrashing methe watchman saw a woman pick them up, and run away with them.
THOMAS COVE . I am in the service of Mr. George Worcester. I missed these trowsersI had seen them safe not two minutes beforeI saw the prisoner looking into the window a few minutes before, and another boy I with himthe trowsers have not been found.
GUILTY . Aged 14. Confined Three Months.
Reference Number: t18370403-1048
1048. JAMES BROWN was indicted for stealing, on the 17th of March, 1 watch, value 3l. 5s.; 2 seals, value 14s.; 1 watch-key, value 6d.; and 300 pence; the goods and monies of James Puckston White, his master.
JAMES PUCKSTON WHITE . I keep the Pavior's Arms, in John-street, Horse-ferry-road. The prisoner was my pot-boy for about a monthhe absconded on Friday, about one o'clock, before his week expired, and on the Sunday following I missed 25s. worth of halfpence tied up, a silver watch, two gold seals, and a brass key.
EDWARD FULLER . I am a pawnbroker. I produce this watchI do not know that the prisoner pawned itI do not think he did.
WILLIAM PRYCE (police-constable B 65.) I took the prisoner, and charged him with robbing his master of a silver watch, two gold seals,
a metal key, and 25s.he said he had pledged the watch in the Waterloo-road, and spent the moneyI went to the pawnbroker's, and found it.
(The prisoner received a good character.)
GUILTY . Aged 16.Recommended to mercy. Confined Six Months.
Reference Number: t18370403-1049
1049. WILLIAM FRANCIS was indicted for stealing, on the 19th of March, 1 jacket, value 6s., the goods of George Tucker.
GEORGE TUCKER . I keep the White Hart, Pennington-street, in Ratcliff-highway. The prisoner used to come and sit in our bar parlourI had a jacket hanging by the side of the writing-desk, which I used to put on when I went down into the cellarthe prisoner was there on the 19th of MarchI missed the jacket that dayI do not know whether it was before he came in, or after he wentthis is itit was all over paint on the sleeves, and they have cleaned it.
Prisoner. He lent me the jacket on the Saturday, about three weeks before. Witness. Yes, I did, and he brought it homebut he knew I would not lend it him again.
MOSES JACOBS . I exchanged this jacket with the prisoner on a TuesdayI gave him 2s., and another jacket worth 1s. 6d.this is the jacket.
CHARLES MULLET . I took the prisoner at the Brown Bear, East Smithfieldon the next day, I went and found the jacketthe prisoner said be borrowed it on Easter Sunday, to go to Greenwich fair.
Prisoner. I went and asked for the jacket, and he lent it me for three weeksI went there from time to time, and he never asked me for it.
NOT GUILTY .
Reference Number: t18370403-1050
1050. GEORGE GALLOWAY was indicted for stealing, on the 25th of March, 5 pairs of shoes, value 20s., the goods of Walter Pitman.
WALTER PITMAN . I am a shoemaker, and live in Chiswell-street. On the 25th of March, about a quarter past nine o'clock, I saw the prisoner reach and take some shoes from the side of the door, and walk awayI immediately went out after himhe walked past the window, leisurely, with themhe saw me, and gave a run across the wayhe ran up Artillery-court, and tried to throw them over the railsthe policeman who was on the spot came up, and he ran into his arms.
Cross-examined by MR. DOANE. Q. You saw him but for a moment? A. I never lost sight of himhe only came just within-side the shopI was in the parlourI am sure he is the same personI mentioned that before the Magistratethis is my signature to these depositionsthey were read over to meI was asked if I had any thing to correctI was not asked if I had any thing to add.
HENRY THORNTON . I heard the alarm of "Stop thief," and saw the prisoner running out of Artillery-courtI stopped him.
ROBERT NICHOLLS . I heard the alarm, and picked up these boots at the top of Artillery-court.
(The prisoner received a good character.)
GUILTY . Aged 20.Recommended to mercy. Confined Three Months.
Reference Number: t18370403-1051
1051. JAMES KERR GALE was indicted for stealing, on the 8th of March, 1 coat, value 3l. 5s.; 1 waistcoat, value 15s.; and 2 shirts, value 10s.; the goods of Benjamin Beck.
HANNAH BUNN . I live in Little George-street, Hampstead-road. On the 6th of March, the prisoner took half a bed at my househe said he should occupy it only two or three days in the week, as he had lodgings near the docks, and he should sometimes stop therehe slept at my house on Monday and Tuesday nights, and on Wednesday morning
he walked away, and I never saw any more of himhe gave me 1s.he slept in the same bed with Beck, and his chest was broken openI know it was lockedI used to dust it every morningthe prisoner represented himself to be steward of a ship.
BENJAMIN BECK . I am a bootmaker. The prisoner had half my bedI went out that morning at half-past seven o'clockI do not know whether my goods were safe thenI saw them safe on Monday the 8thon Wednesday I came home again about eight o'clockI then missed the shirts, and coat, and waistcoatI kept the chest lockedI have not found these things sinceseveral young men lodged there.
ALEXANDER KILGOM . I was a policemanwhen I took the prisoner, on the 24th of March, he said nothing to me about these things.
NOT GUILTY .
Reference Number: t18370403-1052
1052. JAMES KERR GALE was again indicted for stealing, on the 14th of March, 1 coat, value 10s.;1 pair of trowsers, value 4s.; 1 handkerchief, value 3s.;1 stock, value 2s.; 1 shirt, value 5s.; 2 half-crowns, and 3 shillings; the goods and monies of James Howard.
FRANCES HAYLOCK . I live in Westborn-street, Pimlico. James Howard has lodged with me eighteen monthsthe prisoner came, on the 13th of March, and asked if I had a lodging to letI said I had half a bedI showed him the, room, and told him it was 2s. a weekhe said he was an engraver, and worked in Piccadilly, but his friends lived at Putney, and be wished to get lodgings half wayhe came that evening, and on the Tuesday morning James Howard's things were lostwhen I went down the door of the prisoner's room was open, and no one answeredI went in, and saw a pair of stockings anda handkerchief on the ground, which I had pot into the shirt the night beforeI then found Howard's box was openI had seen it safe the night beforeHoward did not sleep there that night; he was gone out for a weekthe prisoner slept alone that nightthe door had been shut at seven o'clock, and it was opened in a few minutesthe prisoner was taken on Good Fridayhe was knocking at a door in Riding-house-laneI stopped, and heard him inquire for lodgingsI passed him, and saw the policeman, and told him, and he stopped himI asked if he knew mehe said, no, he had never seen my face before, and never knew where Pimlico was, and I must mind what I said, as it was a very wrong thing to take a man on a false chargewhen we were going to the station-house he asked what I had lostI said he was the best judge of thathe said he would make the property good sooner than be exposed in the paper.
Prisoner. Q. Was not this a room for every person in the house. Witness. Nothere was no one in the house but a woman at the topthe prisoner had the parlour by the side of the door.
THOMAS HAYLOCK . I am the husband of Frances Haylock. On the 13th of March the prisoner came in the evening, about half-past seven o'clockhe knocked at the doorI went answered ithe said, "I believe I have taken lodgings here to-day?"I asked him in, and gave him the paperhe said he was an engraver, and wanted lodgings about half way to Putneyhe conversed nearly an houra friend came in, and he took a candle and went to bedhe had been shown the room, and knew the wayI had been in the room at seven o'clock that evening, and saw a box of mineit stood on Howard's box, and his box was quite secureon the following morning I went out at half-past six o'clockthe room door
was then closed, and the street door was closedI saw no more of the prisoner till he was taken, and then he denied all knowledge of me.
Prisoner. Q. Was the door open when I came in the evening?Witness. No, it was not.
JAMES HOWARD . I am a carpenter. I lodged at the witness's for about eighteen monthsI was at my brother's at this timeI had left on Monday morning, the 13thI left my box locked, and all the property in it which is statedit is quite lostI have never found it.
ALEXANDER KILGOM . I apprehended the prisoner on the 24th of MarchMrs. Haylock gave him into custodyshe charged him with lodging there, and taking things out of this young man's boxhe said, "I don't know who you are, and do not know Pimlico"she said, "You lodged there one night?"he said, "No, I did not; you should be careful what you are about; it is a very wrong thing to give a person into custody on a false charge"I found on him five duplicates and a screw-driverI looked at Howard's box, and the marks tallied exactly with this screw-driverI found on him a brushI went to Mrs. Bunns, and the marks fitted the screw-driver there as well.
Prisoner. I had bought the screw-driver at a shop in Piccadilly, after this occurrence took placeI know nothing of the things. Witness. He said he had bought this to make a boot-jack of.
GUILTY . Aged 25. Transported for Seven Years.
Reference Number: t18370403-1053
1053. JOHN LEONARD was indicted for stealing, on the 28th of March, 1 handkerchief, value 2s., the goods of a man unknown, from his person.
JOHN EATON . I am a policeman. On the 28th of March I was in Broad-street, BloomsburyI saw the prisoner and a gentleman walking in the streetthe prisoner put his hand into the gentleman's pocket, took this handkerchief out, and ran down Plumtree-streetI ran and took him, and asked him where the handkerchief washe said he had no handkerchiefI put my hand into his pocket and took out thisthe gentleman had gone onI do not know his name.
Prisoner. I was passing along Broad-street and met a person who was distressed; she asked me to purchase a duplicate of a handkerchiefI did so, and sent a person to get it outI had the same handkerchief in wear on Sunday and Monday, and part of TuesdayI went to the same pawnbroker to leave it there, but Mr. Howard, where I took it, being very busy, I was going to another shop, and carried it in my hand as far as Plumtree-streetI then put it into my pocket; and when I had got partly down the street, the policeman came to me and asked where the handkerchief wasI refused to give it to him, as it was my ownhe said that he saw me take it from a gentleman's pocketI have sent for the woman I bought the duplicate of, but she is gone into the country.
GUILTY .* Aged 21. Confined Six Months.
Reference Number: t18370403-1054
1054. JOHN ANDERSON was indicted for stealing, on the 27th of March, 61bs. weight of bacon, value 3s., the goods of Thomas Frederick Burden.
THOMAS FREDERICK BURDEN . I keep a cheesemonger's-shop, in Red Lion-street, Holborn. I saw the prisoner in the shop, on the 27th of March, a little after nine o'clockI was in the parlourI saw him come in, go to the window, and take out a piece of bacon, and go out of the shop with itI followed him, and brought him backhe had got to the
end of the windowhe said he was in distress, and seemed soand I told him if he had not taken them I would have given them to him.
ROBERT SALT . I searched himhe had no money.
GUILTY . Aged 49.Recommended to mercy. Confined One Month.
Reference Number: t18370403-1055
1055. SUSAN STOCKEY was indicted for stealing, on the 25th of March, 1 half-crown, and 3 shillings; the monies of William Nicholson, from his person.
WILLIAM NICHOLSON . I am a horse-hair manufacturer. On Sunday morning, the 25th of March, between two and three o'clock, I had come from a friend's house, and met the prisoner at the corner of Fieldgate-streetshe was a strangershe asked if I would go with herI said "Yes"we went into Greenfield-streetI paid her 6d.I had one half-crown and three shillings, and other money in my waistcoat pocketI did not miss that till I had parted with her about ten minutesI then went to look for her againI found her, and charged the policeman with herI told him she had robbed me of 5s. 6d.she denied having the moneyI was present when a half-crown was found in her mouthI am sure she denied having it.
ROBERT CAMPPEN . I am a policeman. I saw these parties togetherthe prosecutor gave the prisoner into custody for robbing himhe got to the station-house, and then he counted his money, and said it was a half-crown and three shillingsI asked the prisoner if she had got any moneyshe said, "No"I took 1s. 6d. and 2d. in halfpence out of her handshe said she never saw him at first, and then said she had seen himmy brother officer took the half-crownthe prosecutor was perfectly sober.
ROBERT ARNOLD . I am a policeman. I found in her mouth this half-crown, two shillings, and one halfpennywhen I took her to the watch-house I saw something in her hand, it was a half-crown.
Prisoner. I had 8s. 8d. Witness. She said she had no moneythere was 8s. 9d. found altogether.
GUILTY . Aged 30. Transported for Seven Years.
OLD COURT.Saturday, April 8th, 1837:
Second Jury, before Mr. Sergeant Arabin.
Reference Number: t18370403-1056
1056. HENRY BAILEY, JOSEPH BARRETT , and JOHN JACKSON , were indicted for stealing, on the 29th of March, two tame ducks, value 6s., the property of Matthew Davenport Hill, Esquire; and one tame duck, value 3s., the property of George Pearce.
WILLIAM PUTTOCK . I am gardener to Matthew Davenport Hill, Esquire, one of the King's Counsel. Two of these ducks were his, and one belonged to George Pearce, a bricklayerthey were in a pond, at the Vale of Health, Hampsteadbetween twelve and one o'clock in the day, I saw the three prisoners enticing the ducks out of the pond, by throwing something for themthe ducks came out, and they tried to catch them, but they got in againI went and told Miell to watch themI went round, returned, and saw Bailey and Barrett with a duck and drake in their aprons, and Jackson had one in his possession.
JAMES MIELL . I am gardener to Mr. Freshfield. I received inf ormation from Puttock, and went round, and got behind the prisonersI saw Bailey and Barrett with a duck each in their possession, and Jackson took up a third duck, which belonged to Mr. Hill.
GEORGE PEARCE . I live at Hampstead, and keep ducks. This is my duck(looking at it.)
(Property produced and sworn to.)
Bailey's Defence. My mother gave me a holiday to go to Chalk-farmI met Barrett and Jacksonwe walked to Hampstead, and tat down by the aide of the pondthere were nearly twenty ducks in the pondwe chucked bits of clay into the pond, and they dived after itone piece of clay went on the path, and they came out after itwe saw some men coming, and we ran away, fearing they were going to beat us for chucking at the ducksthey took these ducks out of the pond, and then said we stole them.
WILLIAM PUTTOCK re-examined. They did not let the ducks go till they saw us coming after themI know them to be the same as they had possession of, as they are all different coloursthey were fifteen or sixteen yards from the pond when they put them downthey had tied them up in Barrett's apron.
BAILEY GUILTY . Aged 15.
BARRETT GUILTY . Aged 13.
JACKSON GUILTY . Aged 13.
Whipped and Discharged.
Reference Number: t18370403-1057
1057. JOHN WRIGHT, alias Stephen Wood , was indicted for stealing, on the 20th of March, 2 heifers, price 16l., the property of Job Keen; 1 cow, price 5l., the property of William Quearey; and 1 heifer, price 3l., the property of William Henry Watkins.
JOB KEEN . I rent a little land at Chigwell, in Essex, on the borders of the forest. I had two heifers safe there at six o'clock on Sunday night, the 20th of MarchI heard of their being in Smithfield-market on MondayI came up on Monday, and found themthe prisoner lives in our neighbourhood.
JOHN MARTIN . I am a bullock salesman. On Monday, the 20th of March, I was in Smithfield-market, and saw the prisoner there driving three heifers and a cowhe asked me to sell them for himI asked him who they belonged tohe said to his master, Mr. Wright of Laytonstonehe said his master wished me to sell them for what I could, and not to torn them out, as he wanted the moneyhe came to me soon after, and said he was very ill, and wished me to sell the other one as quick as I could, for he wanted to take the coach, and go homeI had sold three to Mr. Hughes, and the other one I had sold, but not delivered; I gave that to Bates.
WILLIAM HUGHES . I live at Islington. I bought three heifers of Martin, which I afterwards gave up to Bates.
WILLIAM HENRY WATKINS . I live at Woodford. I had a great many cows on the forestthe officers showed me one at the Ram Inn, Smithfield, which was minethe prisoner lives about a mile and a quarter from meI never authorised him to sell itthere is no Mr. Wright at Laytonstone.
WILLIAM QUEAREY . I live at Chigwell. I saw my cow safe on the forest at half-past six o'clock on Sunday night, the 18th of MarchI missed it in the morning, and found it at the Ram Inn yard, Smithfleld, in possession of Bates.
JOHN FISHER . I am a City policeman. I apprehended the prisoner in Smithfield-markethe gave his name as John Wright.
JAMES BATES . I am a City policeman. I had the three heifers and a cow in my possessiontwo of them I delivered to Keen.
Prisoner. I was drawn into it.
GUILTY . Aged 18, Transported for Life.
Reference Number: t18370403-1058
1058. GEORGE SMITH was indicted for feloniously breaking and entering the counting-house of Benjamin Ling, on the 18th of March, with intent to steal, and stealing therein, 1 jacket, value 10s.; 1 cloak, value 8s.; and 1 waistcoat, value 2s.; his goods.
BENJAMIN LINO . I am a ship breaker, and have a counting-house in Fore-street, in the parish of St. Ann, Limehouse. On the 18th of March between one and two o'clock in the day, I saw the prisoner coming out of the wharf, a little way from my counting-househe had a bundle before himI went to stop him, but he went round some timber, and threw the bundle awaythe officer picked it upit contained the property statedthe prisoner is quite a strangerI had not been out of the counting-house ten minutesI had left it locked, and the key in the doorI found it locked as I left ithe must have opened the doorthe things were hung up in the counting-house, not in a bundlethe counting-house door opens on to the wharf.
(Property produced and sworn to.)
Prisoner's Defence. I had been employed to find a boat, which was lost from its mooringsI went to the wharf to inquire if they had seen it, and, on returning, a pile of goods stood in the saw-pit, and there laid a cloak rolled up with the other things in itI took it up, and was taken into custody.
GUILTY . Aged 62.Recommended to mercy. Confined Six Months.
Before Mr. Justice Coleridge.
Reference Number: t18370403-1059
1059. JOHN NEEDERMAN was indicted for feloniously killing and slaying Elizabeth Mary Oliver.
(MR. BALLANTINE conducted the Prosecution.)
JOHN ELLETT . I am a comb-maker, and live in Union-court, Fashion-street, Spitalfields. I knew the deceased, Elizabeth Mary Oliver, for two, three, or perhaps four monthsI know the prisoner alsoOn Saturday night, the 12th of March, I was at the Catherine-wheel public-house in Essex-street, Whitechapel, as near twelve o'clock as I can saythe prisoner and the deceased were both thereI saw the deceased dancing, and saw her drink some spirits with a manthe prisoner drank some beerI did not see the deceased leave the public-houseI saw her again, near twelve o'clock, standing outside on the footpath; and about a minute after I saw the prisoner; just at the side of me, making to runhe was one or two yards from herhe put his hand up and gave her a pushI thought it was not with any violenceI thought it was on the back part of her neckshe fell on receiving the pushI went towards Whitechapel, and the prisoner came directly after metwo or three people were round the deceased, picking her upthe prisoner did not say a word when he came up to me, but going along Whitechapel either he or I said, "I think she is hurt with the fall"she had fallen on her face, and, I thought, more I on her right side than her leftI do not know whether she was drunk or sobershe did not make any struggleshe fell rather heavy on the ground, like people do who are in liquor.
Cross-examined by MR. JONES. Q. You had seen her in the early part of the evening? A. Yesshe did not appear intoxicated thenwhen I saw her on the pavement she was standing near the curbI did not see her for half a minuteI think her head was near the pavement when she fellher feet were in the roadthe prisoner did not appear to put up his hand with violenceI have known him six yearshe has borne the character of a well-conducted, peaceable manhe was never out of temper with meI have seen him out of temper, but never offering to fight or any
thingit was near half-past ten o'clock, when he came into the public-house; lie drank with meI did not know the deceased's name till after deathshe went by the name of Betsy Oliver.
COURT. Q. How early in the evening did you first see her in the house? A. When I first went, about half-past nine o'clockI do not know whether she went out before twelve o'clockthe dancing and drinking was in the room up stairsI did not see her in the tap-roomwhen I first went in, she was walking round the room with a manshe touched me, and I merely nodded.
THOMAS SULLIVAN . I keep a chandler's shop in Essex-street, Whitechapel. On Saturday night, the 9th of March, about half-past twelve o'clock, I saw the deceased, with two or three other women, standing in front of my house, and speaking, but what she said I do not knowI saw the prisoner come across the street and hit her about the neckI cannot say whether the blow was given with violence, but the fell downI went tod helped to pick her upthe did not speak at all, and only groaned oncethe prisoner and she had some cross words before he struck her, but what they were I did not notice.
Cross-examined. Q. Was she standing still when he struck her? A. YesI was four or five feet from themI heard what they said, but did not take notice of itI had never seen her beforeI cannot exactly say whether she was drunk or sober.
COURT. Q. When you picked her up, did she at all smell of spirits? A. I do not knowI handed her over to another persontheir words teemed to be crossI cannot say whether the prisoner was cross,.
MARY ANN ARNOLD . I am married, and am sister to the deceased. Her Christian names were Elizabeth MaryI was-called to her on Saturday night, at twenty-five minutes after one o'clock, and found her dead, the bedI examined her person next day, and observed a terrible large lamp under her right ear, about the size of a pigeon's egg, or a walnutI never saw the prisoner till he was at the office.
Cross-examined. Q. How long before had you seen her? A. A month or three weeksshe lived at my mother's at the timeshe was rather iregular in her habits, and giddyI bad not been at my mother's for nearly twelve months before.
HENRY COTTON (police-constable H 60.) I was on duty in Essex-street, Whitechapel on the 12th of March, and assisted in picking up the deceasedshe did not speak at allI did not go home with hershe foamed at the mouth a good deal, and made a kind of guggling noise in her throatI considered that she was in a fit at the momentshe had no appearance of drinkingI had seen her a few minutes before that, standing on the edge of the curb-stone with two women of the town, and two menI desired them to go awaythey moved as if they were going, and I walked on"he appeared to me then to be sober, but I did not talk to her.
Cross-examined. Q. How long had you known her? A. I knew her by sight between three and four yearsshe was a girl of the townI never saw her tipsy but twice to my knowledgeshe frequented that public-house nightly.
ROBERT NEAVE I am a policeman. On Sunday morning, the 12th of March, about half-past eleven o'clock, the prisoner came to me at the station-house with two more young menI asked what he wantedhe said his name was John Needermanthat he was the young man who had
pushed down a girl, named Elizabeth Oliver, on the Saturday night, which unfortunately caused her deathI took him into custody.
THOMAS MEARS . I am a surgeon, and live in Brick-lane. I examined the body of the deceased on the Wednesday following the Saturdayin my opinion her death was caused by an extensive extravasation of blood in the upper portion of the spinal marrow, in the base of the brainthose symptoms might be caused by a blow or fall, or it is possible they might have arisen without violencewhen I examined the body it was in a state of decompositiona general concussion of the body might have caused extravasation, or a blow in any part of the skull might produce itthe body was not in a state to enable me to see whether there was a bruise in that part of the neckthe decomposition would have prevented my seeing it if there was one.
Cross-examined. Q. Might the appearance at the back of the neck be produced by long, irregular, intemperate habits? A. I have said it is possible it might have arisen from other causesit might certainly have arisen from general habits of intemperance, which might be reckoned a predisposing cause.
MR. BALLANTINE. Q. Do you mean a blow on a party in the habit of intoxication would be more likely to take such an effect? A. I doit might possibly happen without any violence, and is more likely to happen without violence in a subject of intemperance.
SAMUEL BYLES . I am a surgeon, and live in Union-street. I examined the body of the deceased in company with Mr. MeanI have heard him explain the immediate cause of death, and agree with himI conclude the appearances I saw, arose from a blowsuch appearances are not usual from natural causesa case of apoplexy might produce ita blow on the nape of the neck I suppose would cause such appearancesthere was no external marks perceptible on the back of the bodywhile Mr. Mears was giving his evidence before the Coroner, I was cleaning the body and sowing it up, and I saw a mark on the nose which had escaped our notice, which I suppose was caused by a fallthe body was in a remarkable state of decomposition, considering death had happened so recentlythat would probably arise from her course of life.
Cross-examined. Q. Particularly in a person addicted to drinking? A. Yes; I think it probable the appearances might have arisen without any blow at all, but it is not a usual part for extravasation which follow! apoplexy, to be founddrinking very often leads to apoplexyI think it more probable the extravasation would be on the brain itself, instead of on the spine, if caused by apoplexybut it is not impossible that might have occurredI think it improbable.
COURT. Q. Supposing a blow given on the nape of the neck, must it have been violent to produce the extravasation? A. It need not be very violent, but it must have been an unexpected blowI think a push could not have produced itif she fell with violence on the front part of her head, it would be usual to find the extravasation on the back of the neckthat is not at all uncommonmy attention was not particularly directed to the earI did not notice any thing there.
NOT GUILTY .
Before Mr. Justice Littledale.
Reference Number: t18370403-1060
1060. JAMES SUTTON was indicted for feloniously being at large in this kingdom, in the parish of St. Matthew, Bethnal-green, before the expiration of the term of his natural life, for which he, having been convicted of felony, had been ordered to be transported.
MR. ADOLPHUS conducted the Prosecution.
JAMES HANLEY . I am an officer. I produce a certificate of the conviction of James Sutton, which I got from Mr. Clark's office, and saw him sign it(read)I was a witness against Sutton in April 1824I believe the prisoner to be the same manI apprehended him, in company with Brown, another officerhe looks, I think, twenty years olderbat I believe him to be the man.
THOMAS ELLIS . I am a policeman. On Tuesday, the 28th of March, I was in Bethnal-green-road, and saw the prisoner coming by the church, towards the Salmon and Ball public-househe was by himself, at large and at libertya little before I came to him I received information, in consequence of which I came in contact with him against the Salmon and Ball, and asked if he was not an escaped convict?he replied that he wasI then took him to the station-househe was intoxicatedhe was walking by himself, unsupported by any onehe appeared to know what was said to him, and what his answers wereI have no doubt of that whateverI did not hold out any promise or threat to him.
ROBERT HARWOOD VALENTINE (police-Inspector K.) I was at Bethnal-green station-house, on Tuesday, the 28th of March, when the prisoner was brought there. I did not make him any promise or threatI asked him if it was true that he had returned from transportationhe said, "Yes; about fourteeu years ago I committed a burglary, for which I was tried at the Old Bailey, and transported for life; about four years since I effected my escape, by slowing myself away in the hold of a ship, and I have been in England about four months"I made him no answer, but that the door of the cell, and left himhe was drunkI have not the least doubt that he knew what I said to him, and what answers he gavebefore the Magistrate he admitted the conversation with me, but denied that it was true.
JAMES BROWN . I am a constable of Worship-street. In 1824, I aslisted Hanley in apprehending SuttonI was present at his trial herehe was convicted of burglaryI have every reason to believe the prisoner it the manI have not a doubt of itthe more I see of him the more I am convinced he is the manI have no doubt of him whatever.
Prisoner. He told the Magistrate he could not swear to me. Witness. I said I had no doubt in my mind of him, but seeing him again, I am more confident than I was beforeI did not swear positively to him before the MagistrateI said if there was a doubt I would give it to the prisoner, and I would not swear positively to him.
GUILTY . Aged 34. Confined Three Months, and then Transported for Life.
Before Mr. Justice Coleridge.
Reference Number: t18370403-1061
1061. MARY BROPHY was indicted for feloniously breaking and entering the dwelling-house of William Sheath, on the 13th of March, with intent to steal, and stealing therein, 2 pillows, value 7s.; 1 bolster, value 4s.; 1 sheet, value 3s.; and 3 wine glasses, value 2s.; his goods.
WILLIAM SHEATH . I live in Castle-court, Westminster. I occupy the whole houseI have a wife, but no servantI have one lodgerI went out on the 18th of March, at half-past eleven o'clock, with my wifeI fastened the door, and tied the back parlour window shutter with a stringI tricd the front door as I went outI returned at a quarter
before two o'clock, before my wifeI found my door wide open, which I had left locked with a latch keyit had been opened with a keyI went into the back yard and found the shutter down, which I had tied upthe string was left there, but it was undoneI saw Mrs. Agar, and in conesquence of what she said I went into the bouse, and the pillow, pillow case, and bolster were goneI afterwards missed a sheet and three wine glassesI am sure those things were in the house when I went outI helped my wife to make the bed just before I went outthe prisoner used to live at No. 14 in the same court, but was never in my house, to my knowledge.
EMMA AGAR . I live in Great Chapel-street, Broadway, Westminster. I can see the back of Mr. Sheath's bouse from mine, quite wellon the 18th of March I saw the prisoner in the back yard of his house, between one and two o'clock, aloneI saw her take the shutter down and get in at the hack parlour windowit was openin five or ten minutes after, I saw her come out again the same way, with two pillows and a bolstershe put them on the water butt in the yard, and went out at the back doorshe went along the passage to the front door, and I did not see her afterwardsshe could get to the front door insideshe had something white besides the other things, but I could not see what it wasI was up at my window at the timeI knew her before by sight, and am quite sure of her personI said nothing to hershe did not use any force at all in getting the shutter down.
WILLIAM SHEATH re-examined. The shutter is outsidewe only had a string to fasten itthere was no hasp or boltthe string was tied to a nail outsideit it only a board put up to keep the wind outthe window was open because the room smoked.
JOHN ROLFS . I am a furniture broker. On the 13th of March, between two and three o'clock in the afternoon, a person (who I think to be the prisoner, but I could not swear to her) brought a bolster and two pillows, and asked if I would buy themI asked what she wanted for themshe said 6s.I asked whether they were her ownshe said they wereI said, "I don't know you; I will take your name and address"she walked into the shop, and I took her name and address (reads) "Mrs. Marrabone, 26, Smith's-rents, March 13, 1837, bolster, &c., for 6s."I gave her two half-crowns and a shilling for itI consider that is all they were worthI think the prisoner is the person, but I cannot swear to herI afterwards gave the articles to M'Carthy.
MALCOLM M'CARTHY (police-constable B 156.) I apprehended the prisoner on Great Ormond-hill, on Monday, the 13th of March, between three and five o'clockI told her what it was forshe denied all knowledge of it, and said she was quite innocentI searched her, and found two half-crowns and three shillings on herI went next day to Mr. Rolfe, and received these articles from him.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY, of stealing only. Aged 25. Confined Three Months.
Before Mr. Justice Littledale.
Reference Number: t18370403-1062
1062. JAMES WILSON was indicted for breaking and entering the dwelling-house of Robert Pike, on the 17th of March, with intent to steal, and stealing therein, 1 looking-glass and frame, value 5l., his goods.
ROBERT PIKE . I am a stamper in the Stamp-office. I lived in South-street
at this timeI slept there and my family also on the night of Thursday, the 10th of March, and removed on Friday to another houseI was paying rent for the house in South-street at the timeI had left several articles there, and the glass in question, and left a curtain in the window, that no suspicion should attach that I was moving, or that the house was emptyI left between eleven and twelve o'clock in the dayI locked the back and front parlours, the street door, and garden gatethe back door of the house was bolted inside with either one or two bolts, I am not certain which, and the windows were fastenedI left the glass over the chimneypiece, fastened up in the front parlour, nailed up with two nailsit belonged to me.
Prisoner. Q. Was there not a bill in the window that the house was to let? Witness. YesI put it up myself that morning.
EDWARD BEALE . I am a broker in South-place, Lower-road, Islington, which is about 100 or 200 yards from South-street. On Friday the 17th of March, about three o'clock, I was at the bottom of South-street, and saw the prisoner walking up and down the streethe went into the prosecutor's gate, and stood at the door a minute or twohe then opened the doorI cannot say what with, I was not near enough to seehe went in, and shut the doorhe remained in the house a few minutes, and then turned out again, pulled the door to, and looked up and down the streethe then went in again for a minute or so, and came out with a chimneyglass on his shoulderhe pulled the door to, and came down the street with the glass on his shoulderI walked towards him, and met him, and said, "My man, where are you going to take this glass to?"he replied, "I am going to take it to a street in Hackney-road"I said, "Where did you bring it from?"he said, "I brought it from Brooksby-street"I laid hold of him by the shoulder, and said, "We will go back to Brooksby street with it"we walked on together till we came to No. 25, South-streetI pushed open the gate, and went up to the door, and said, "Cannot you open that door?"he said, "No, I cannot"I said, "I think you can, you have undone it before"he hesitated a little while, and I said, "You have got a key in your pocket that will undo it, I am certain"he pulled a key out of his pocket, unlocked the door, and we went inI did not stay there longI came out again with him into the streetI turned my head round, and saw the constable at the bottom of the streetI beckoned to himhe came up, and I gave the prisoner in chargeI stopped to fasten the door while the constable took himI kept the keywe took the prisoner and the glass to Islington station-house.
JOHN PARROCK . I am a constable of Islington. On Friday afternoon, the 17th of March, at three o'clock, I was at the corner of South-street, and Beale beckoned to meI went up to him at No. 25, and he gave the prisoner into my chargeI took him into the parlour of No. 25, searched him, and found three keys in one of his pockets, and another key in the street doorI said, "How could you think of coming into the house with these false keys?"he said he did it out of distress, having a sick wife, and two small children, one only six months oldhe pointed to the place where he had taken the glass from, over the mantel-shelfhe attempted to make a rescue at the corner of Popham-streetI searched him again at the station-house, and found two large skeleton keys in one pocket, and a turn-screw in another, and three large screwsI took the same glass before the Magistrate, and the prosecutor identified itI went back to the house with the key I had taken out of the door, and I opened the door
with it againI went into the parlour, and found a lock on the sideboard, and the keys I found on the prisoner, corresponded with the lock that was in the parlour the glass was taken from.
Prisoner. Q. It was not the parlour door lock, was it? A. Noit belongs to another house.
ROBERT PIKE re-examined. The house, No. 25, is in the parish of IslingtonI think it is called St. Mary, Islington. This is my glassit is worth 4l. 10s. or 5l.the lock is not mineI had not left any lock in the parlourI did not deliver up the keys of the house for two or three days afterward.
EDWARD BEALK re-examined. The prisoner was in the house the first time for six or ten minutes; and not above one minute and a-half or two minutes the next time.
Prisoner's Defence. I left home that day to go to Somers Town, and on my return I noticed this house with a bill in the window, stating it was to letwhile I was looking at the house, a person came out, and went up the street at a very quick rateI turned to look at himI then came up the street, and saw Mr. Beale look at meI was thinking of telling him the circumstance, but he went into a beer-shop, I thinkI turned back again to look at the bill, and observed the door was not quite close, and the gate was swinging backwards and forwardsI pushed the gate, went in, and knocked at the doornobody answered, and I pushed it a little open to let them know the door was not shutI then went away, and stood for a few minutes, and nobody coming, I went to the door again, and saw these keys and screw-driver in the passageI went in, came out, and went up the street, but was induced most unfortunately to turn back againI throw myself on the mercy of the courtI declare, in the presence of God, I know nothing of the lock or keysI have a wife and two young children, and beg for mercy on their account.
GUILTY of stealing only. Aged 38.Recommended to mercy.
Before Mr. Recorder.
Reference Number: t18370403-1063
1063. JAMES WILSON was again indicted for stealing, on the 17th of March, 1 lock, value 8s., the goods of Samuel Rooks; and fixed to a certain building; against the Statute, &c.
SAMUEL ROOKS . I am owner of the house in Grove-street, Hollows. It was unoccupied at this timeI went there, in consequence of information from a police-officer, on the 17th of March, and found the front door open, and the lock offit had been screwed to the doorthis is it (looking at it)the plate was partly broken off beforeit is now quite soI am certain it is my lockI have the key which fits itthere were only three screws in the lockI had put it on a few days before.
JOHN PA BROCK . I am a constable. On Friday afternoon, the 17th of March, I took charge of the prisoner, and searched him in the parlour of the house, No. 25, South-streetI found a lock on the sideboard there, and three screws on the prisoner, with six skeleton keysI matched the screws with the lock, and they fitted itthe prisoner told me he had taken the glass down from over the mantel-piece of that room, but said be knew nothing about the lockI took it away with me, and afterwards found Mr. Rooks, who had a key belonging to it.
EDWARD BE ALE . I gave the prisoner into custody, and this lock was lying on the sideboard of the parlour of No. 25, South-street.
Prisoner's Defence. I do not deny taking the glass, but I solemnly deny
the lock ever being in the parlour when I went inthe keys and screws were down in the passage, and I picked them up, but I saw nothing whatever of thc lock.
GUILTY . Aged 38. Transported for Seven Years.
First Jury, before Mr. Recorder.
Reference Number: t18370403-1064
1064. GEORGE SPENCER was indicted for stealing, on the 8th of March, 1 bassoon, value 2l.; and 1 clarionet, value 3l.; the goods of George Richard Metzler, in his dwelling-house.
GEORGE WARD . I live in White Lion-street, Goodman's-fields, and am clerk to George Richard Metzler, of Wardour-street, Westminster. On the 8th of March, I saw a bassoon and clarionet in the shop, at ten o'clock in the morningthere was a broken square of glass in the window, large enough to admit a hand, but I had ordered some music cases to be placed against the holeI did not mist these articles till the eveningI afterwards saw the clarionet in the possession of Wentworthit is worth 3l., and the bassoon 2l.that is the cost pricea person might get them out without breaking the window, but I had had them moved out of reachthey could not be reached by a hand without some instrument being usedthey were both missed at the same timethe lowest value of them is 5l.
JOHN WILLIAM HAWKINS . I am a policeman. On the evening of the 8th of March I was on duty in Long-acre, and saw the prisoner coming in a direction from Newport-marketI observed him go to a pawnbroker's shop door, at the corner of Mercer-streethe was carrying part of this bassoon wrapped up in an old handkerchief, and the other two parts were found in his pockets afterwardsI asked him what he had therehe told me a little bassoonI asked him if it was his own propertyhe said it wasI asked if he could play ithe said noI asked where he obtained ithe said he bought it in St. John-street, and afterwards said in Wilderness-rowI said there was no musical instrument maker's therehe said, "No, there is notI bought it of a man there, and gave 7s., for it"I not being satisfied, took him to the station-house, and locked him up on suspicion of stealing it.
JOHN WENTWORTH . I am shopman to Robert Barker, a pawnbroker. I produce a clarionet which the prisoner brought to our shop to pledge on the evening of the 8th of March, in the name of John SpencerI should not think the articles worth 5l.
Prisoner. I throw myself on the mercy of the Court.
GUILTY,* of stealing to the value of 99s. only. Aged 36. Transported for Seven Years.
Reference Number: t18370403-1065
1065. WILLIAM HUTCHINSON was indicted for stealing, on the 21st of March, 1 handkerchief, value 5s., the goods of Elijah Batley, from his person.
ELIJAH BATLEY . I am an officer of the Customs, and live in Crownplace, Mile-end-road. I was in the Commercial-road on the afternoon of the 21st of March, and felt a twitch behind meI turned round, and caught the prisoner about a yard from me, in the act of putting my handkerchief into his trowsers pocketI secured him.
Prisoner. Two boys took it and I ran up to the gentleman, and tapped him on the shoulder. Witness. He did notI took it out of his pocketthere was only one person passing at the time, and no boys near him.
GEORGE HOGSDEN (police-sergeant K 122.) The prisoner was given in my charge by the prosecutor for stealing his handkerchiefhe denied it
but in going to the office he told me he had taken it, and if I would let him go he would never do it again.
Prisoner. It is falseI said I did not do itit is a thing I was not brought up totwo boys threw it down, I took it up, and said, "Here is your handkerchief"I only asked him to go to my parents. Witness. He did not, he wished me to go and inform his parents, and When I went to them they disowned himI did not find them by his directions.
GUILTY .* Aged 18. Transported for Seven Years.
NEW COURT.Saturday, April 8th, 1837.
Fifth Jury, before Mr. Common Sergeant.
Reference Number: t18370403-1066
1066. GEORGE STARLING was indicted for embezzlement; to which he pleaded
GUILTY . Aged 13. Confined One Month, and Whipped.
Reference Number: t18370403-1067
1067. JOHN ROBINSON was indicted for stealing, on the 4th of April, 6lbs. weight of pork, value 3s.; 2 razors, value 13s.; 1 penknife, value 6d.; 1 coat, value 2s.; 1 waistcoat, value 6d.; 1 pair of shoes, value 1s.; 2 two penny pieces; 5 pence, and 4 halfpence; the goods and monies of Joseph Martin; to which he pleaded.
GUILTY . Transported for Seven Years.
Reference Number: t18370403-1068
1068. DENNIS HENNIGAN was indicted for stealing, on the 31st of March, 6 pewter pots, value 8s. 6d.; the goods of Thomas Hemingway, and that he had been before convicted of felony; to which he pleaded.
GUILTY . Aged 66. Confined Six Months.
Reference Number: t18370403-1069
1069. JOHN BLOWFIELD was indicted for stealing, on the 25th of March, 1 watch, value 20s.; the goods of George Jones; to which he pleaded.
GUILTY . Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-1070
1070. ELIZA LEYSHON was indicted for stealing, on the 30th of March, 3 table-covers, value 15s.; 2 sheets, value 8s.; 1 pillow-case, value 1s.; 4 handkerchiefs, value 10s.; 1 pair of stockings, value 1s.; 1 pair of drawers, value 1s.; 1 collar, value 1s.; 3 knives, value 1s.; 1 tablecloth, value 8s.; 4 sheets, value 13s.; 2 spoons, value 6s.; and 1 blanket, value 4s.; the goods of David Brandon, her master.
DAVID BRANDON . I am an architect, residing in Southampton-street. In November last, the prisoner came into my serviceI had a good character with her for seven yearsshe staid till March, and then absented herself without warningthose sheets, pillow-case, blankets, table-cloths, covers, and the other articles in the indictment, are mine.
JOHN SELL . I am foreman to a pawnbroker, in Bridges-street, Coventgarden. I have a great variety of goodsthe greater part were pledged by the prisoner, between the 21st and 25th of March.
JOHN TICKNER . I am shopman to Young and Luxmore, of St. Martins-lane. I produce a table-cover, a shirt, plated dessert spoons, and other things, which were pawned by the prisoner, between the 14th of December and the 25th of March.
THOMAS POCOCK (police-constable F 38.) I bad the prisoner in custody at the stationshe told me she had a box at Somers-town CrescentI went there, and found in the box twenty-one duplicatesshe said she had pledged the things, and intended to rodeem themI found seventy-five
duplicates in alltwenty-one of them relate to these things, which the prosecutor identifies.
Prisoner. I was out of place for five months, and I did not do this with the least intention of robbingI was going to redeem themon the morning I went away my master asked for some of these things, and I had not money to get themI have a little boy to keep.
GUILTY . Aged 30. Transported for Seven Years.
Reference Number: t18370403-1071
1071. JAMES MUNDAY was indicted for stealing, on the 22nd of March, 5 sovereigns, and 1£5 Bank-note, the monies and property of William Bernard, his master.
WILLIAM BERNARD . I live in Upper North-place, Gray's-inn-road, and am a baker. The prisoner was in my serviceon the 22nd March I sent him to Major Mureen's, in Argyle-place, with a £5 note and five sovereignshis usual time of returning was ten o'clockhe did not return at allI gave him a purse to put it into, that he might not lose it.
THOMAS PADDON . I am footman to Major Mureen, of Argyle-place. The prisoner did not come to me on the 22nd of Marchhe never gave me the£5 note nor the sovereigns.
JOHN REEVE . On the 22nd of March, the prisoner came to my house, in King-street, Hammersmithhe asked me for change for a£5 notehe said he had been saving his wages upI gave him fire five sovereigns, and he bought some things at my shop.
SAUNDERS SOLOMON . I live in High-street, Kensington. The prisoner bought a hat, a pair of trowsers, and a coat, of me, on the 22nd of March.
RICHARD HANCOCK (police-sergeant T 10.) I took the prisoner on the evening of the 22ndI found on him five sovereigns and a half-sovereign, some silver, and a watch, which be bad taken out of pledge that day, also this bag, which is his master's, and these clothes.
Prisoner's Defence, I left my master's in the morning, at half-past eight o'clock, and went to serve my customersI met some friends, we went and had something to drink, it made me foolishI did not know what I was aboutthey pressed me not to go backI must throw myself on the mercy of the Courtthe watch was my own.
GUILTY . Aged 22. Transported for Seven Years.
(There was another indictment against the prisoner.)
Reference Number: t18370403-1072
1072. ELIZA SMART was indicted for stealing, on the 26th of March, 1 cloak, value 2s., the goods of Margaret Ayer.
MARGARET AYER . I live in Ratcliff-highway, and keep a coffee-shop. About four o'clock in the morning of the 26th of March, the prisoner came in, and took a loaf, and I said, "You have taken my bread"she said, "You are asleep"I said, "Not so much but I saw you take the bread; give it me back;" and she gave it meshe held up her fist at me, and ran outa little afterwards I missed my cloak off the chair back where she had satthis is it.
EDWARD KENNEDY (police-constable K 228.) I went in pursuit of the prisonerI found her on Monday morning, with the cloak under her shawlthe prosecutrix claimed it.
GUILTY . Aged 23. Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-1073
1073. JOHN HODDELL was indicted for stealing, on the 27th of February, 15 sovereigns, 1 sixpence, and 1 £5 Bank-note, the monies and property of Charles Joseph Silver.2nd COUNT, stating it to be the property of Isaac Wells.
MR. PHILLIPS conducted the Prosecution.
ISAAC WELLS . I am master of the workhouse at Enfield. The prisoner was a pauper thereI was in the habit of sending him to collect monies, and up to this time he had behaved honestlyon the 27th of February I sent him with a note to Mr. Silverthis is a copy of it(read)"Sir, Please to send me 20l. 0s. 6d., to pay the pensioners"he did not returnI saw him on the Thursday after, in custodyI have never received any of the money.
CHARLES JOSEPH SILVER . I am one of the overseers of the poor of Enfield. On the 27th of February the prisoner delivered me a note from Mr. WellsI gave him a£5 note, fifteen sovereigns, and a sixpence, to take to Mr. WellsI have sent money by him before.
JOHN MEAD . I am a constable. I apprehended the prisoner at a public-house in York-rowI found on him a£5 note and some money, which I have herehe said he knew what I was come for, but he was tipsy and quite lost at the timeI found this bag on him.
MR. SILVER. This is the note I gave himI saw the bag in which the note and money were putI have no doubt this is it (The prisoner put in a written defence, stating that he had been working for the parish for fifteen months without remuneration, which had led to his committing the offence.)
GUILTY . Aged 73. Confined Three Months.
(There was another indictment against the prisoner.)
Reference Number: t18370403-1074
1074. JAMES OSBORNE was indicted for stealing, on the 3rd of April, 1 pair of half-boots, value 3s. 6d., the goods of Grace Marshall.
GRACE MARSHALL . I am a widow, and keep a shoe-shop in Charlesstreet. I missed a pair of boots on the 3rd of April, which were hanging inside the doorthese are them.
WILLIAM JONES . I live in Charles-street, St. George's. I saw three lads about Mrs. Marshall's place, about three o'clockthe prisoner was the one who took the boots from the shop.
CHARLES JONES . I am a pawnbroker, and live in the Commercial-road. These boots were pledged by the prisoner on the 3rd of April.
Prisoner. A gentleman gave me a penny and the ticket for pawning them.
GUILTY . Transported for Seven Years.
Reference Number: t18370403-1075
1075. CORNELIUS CONNOLLY was indicted for stealing, on the 12th of March, 38lbs. weight of lead, value 7s., the goods of George Green and others.
MESSRS. DOANE and JERNINGHAM conducted the Prosecution.
WILLIAM STANDARD . I am a watchman, in the employ of Messrs. Green and Wigram. On Sunday, the 12th of March, I was at the Blackwall ship-yardafter I had cried two o'clock, I heard a noise in the mast-houseI went in with my light, and sung out twice, "Who is there?" and got no answerI then heard a voice on the roofI came out, and got into the East India Dock-road, and met the prisoner with this lead on his shoulder, and the basket in his handI told him he was the person I had been looking for, and that he had been on the mast-buildingshe said, "How do you know but that there was somebody else there?"I said,
"I don't know, but you was there for one"he made some resistance, but I took himthere are five partners in our firmMr. George Green is onethe prisoner was taken to the station-houseI took the lead and basket into the yardabout a quarter of an hour elapsed between my boring the noise, and finding the lead on him.
Printer. I told him I had picked it up round the wallhe said, "I will transport you if I canI said, "That man round the wall took it"he said, "I don't care, I have got it."
THOMAS COBURN . I am in the employ of the East India Dock Company. On the Sunday morning early, in consequence of a noise, I went to where I found the watchman and the prisoner trugglingI left them, while I ran for Mr. GuyI then went to assist in taking the prisoner to the top of Robin Hood-lanehe tried to get away, and we called the policemanhe said, "I will not go, you shall carry me," and we were obliged to carry him.
WILLIAM PANTLING (police-constable K 264.) On Sunday, the 12th of March, I was on duty in the East India-roadI saw three men scuffling, at the top of Robin Hood-laneI inquired what was amissit was said the prisoner had stolen some loadI took him by the collar, and told him to come to the station-househe refused to comewe were obliged to carry hima buck-horn was found upon him with some marks on it, as if the lead had been wrenched up by itthe lead was brought by the watchmanI went to the mast-house, and a great quantity of lead had been taken off the roof.
WILLIAM GRIFFIN (police-sergeant K 11.) On the Sunday morning I went to the prosecutor's houseafter that, I saw some lead produced by Standardon the Monday morning I fitted it on the top of the mast-housethere are marks where the horn has been indented into the woodI work, where the point has been stuck in.
Prisoner's Defence, When he spoke to me, I said, "That is the person that is round the wall; they dropped it, and I picked it up"I had drink given to me on Saturday, by several acquaintances, and towards evening I got drunkmy wife came and found me, but I got into a squabble and lost her againin going to the Brunswick hotel I found some lead, and I heard a man comingI took it upthe man seized meI was irritated, and struck him, not knowing what I was about.
GUILTY . Aged 30.
Reference Number: t18370403-1076
1076. CORNELIUS CONNOLLY was again indicted for stealing, on the 11th of March, 1 metal cock, value 10d.; 1 basket, value 6d.; and 2 pudding-cloths, value 24.; the goods of George Bright.
MELICENT BRIGHT . I am the wife of George Bright, who is a watchman in the East India Docks. On Sunday morning, the 12th of March, I missed the tap out of a water-butt, some pipe, and two cloths, and a basketthese are them.
WILLIAM STANDARD . When I took the prisoner, I found this sack on him, with the two pudding-cloths, and this cock and lead pipe.
Prisoner's Defence. I found them altogether.
GUILTY . Aged 30. Transported for Seven Years.
Reference Number: t18370403-1077
1077. JOSEPH BOWHILL and THOMAS JONES were indicted for stealing, on the 1st of April, 3 yards of woollen-cloth, value 8s., the goods of Jabez Moore.
THOMAS COLDREY . About half-past three o'clock, on the afternoon of
the 1st of April, I was in the shop of my master, Jabez Moore. is heard a noiseI stood, and saw Bowhill going out of the shop with the cloth in his possessionhe went from the door, and was met by Jones, to whom he gave it, and Jones endeavoured to wrap it up in a handkerchiefI went and took it away from oneshe said, "It has been given to me by this one"I caught Bowhill, and kept him till he was taken by the officerin a little time after, Jones was takenhe was pointed out by the policeman on the beat.
Jones. Q. You are positive to me? A. Yes, I am positive you are the man.
JOHN CREAK (police-constable M 117.) I was called, and took the charge. I went to the Cock public-house, and there found Jonesthe prosecutor pointed him outhe said "What do you want me for"he did not say he had been at the house a long while.
Jones. I had been there three hours from my dinner timewhen before the Magistrate, the prosecutor hesitated some time before he could say I was the person that he took the cloth from, which I solemnly declare is false.
BOWHILL GUILTY . Aged 19. Recommended to mercy Confined Six Months; Three Weeks Solitary.
JONES GUILTY . Aged 26
Reference Number: t18370403-1078
1078. WILLIAM APPLETON was indicted for stealing, on the 1st of April, 1 coat, value 1l. 10s., the goods of Samuel Reading; and that he had been before convicted of felony.
SAMUEL READING . I am barman at the Suspension Bridge public-house, Broadway, Hammersmith. I was a patient at St. Bartholomew-hospitalthe prisoner was also a patient therehe had the next bed to meon Saturday the 1st of April, he went awayshortly after he was gone, at half-past five o'clock, I missed my coatthis is it.
WILLIAM WHALAN . I live in Henry-place, Waterloo-road, Lambeth. 1 was a patient in the hospitalI laid in the bed opposite the prisonerI saw the prisoner take the coat at half-past five o'clockhe said he was going to play a lark with Reading's coat, and he went away.
JAMES parker and bailey kitchen cabinet creamUS SHORT . I am shopman to Mr. Brown, of Fetter-lane, a pawnbroker. This coat was pledged by the prisoner, I believe, on the lst of April.
JOHH BRAY (police-constable G 179.) I took the prisoner, and found the duplicate of the coat on him.
Prisoner. I had been out of employ, and had no means of getting anything.
SCHARLES PALMER (police-sergeant G 17.) I produce a certificate of the prisoner's former conviction from Mr. Clark's office (read)he is the person.
GUILTY . Aged 20. Transported for Seven Years.
Reference Number: t18370403-1079
1079. WILLIAM THOROGOOD was indicted for stealing, on the lst of April, 2 pairs of shoes, value 7s., the goods of John Millis.
JOHN MILLIS . I keep a shoe-shop in Eliza-place, Clerkenwell. About half-past one o'clock, on the 5th of April, I was going from the shop, and saw the prisonerI had suspicion of himI watched himinstead of going on he turned back and took these shoesI followed him nearly as far as Clerkenwell churchhe saw me and the policeman following, and threw
down these shoes into an area, and was takenthe shoes had been just outside the house.
CAROLINE MASON . I was down in the kitchen. I took up these shoes and gave them to the policeman.
JOHN WITHEFORD (police-sergeant 0 20.) I took the prisoner, and received the shoes from Mason.
GUILTY . Aged 17. Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-1080
1080. GEORGE JONES, GEORGE OSBORNE , and JOHN SEAL ,. were indicted for stealing, on the 5th of March, 1 handkerchief, value 1s., I the goods of Isaac Cooke the younger, from his person.
ISAAC COOKE, JUN . I live in York-terrace, Islington, my father is a retired sergeant-major, from the artillery. On the 5th of April, at half-past eight o'clock, I was going up ShoreditchI had my handkerchief safeI felt it going out of my pocketI put my hand in, and felt the prisoner Jones' hand is ithe took it in its full length across the roadI went after himhe went quicker than me, and round the other two prisoners, or 1 would have taken him, hut I thought three would be too much for onethe handkerchief was passed from one to the other; I saw it in all three of their hands I waited in the road, not above ten yards from themomnibuses were running by, but I kept on the right side where they wereI saw two policeman, and they took the threethey had a little boy with them, who ran off, and it has not been found.
VALENTINE JONES SMITH (police-constable G 226.) On this evening I was standing with Story, at the corner of Holy well-lanethe prosecutor pointed out the prisonersI took Jones and OsborneStorey took SealI told them what it was for; they denied it.
RICHARD STOREY (police-constable G 70.) I took Seal.
Jones. I had not been out of doors five minutes, when the man came and said had picked his pocket.
Osborne. I had not been out of doors five minutes.
Seal. I was pasting from my master's to my mother'sJones came and spoke to roe, and the officer took methe prosecutor said that he aw Jones pick his pocket, and give the handkerchief to the little boyhe did not want to give charge of us twohe stated before the Magistrate that he saw the little boy run off with the handkerchief in his hand, and then he had it altered, and said he saw him run away.
ISAAC COOKE re-examined. I did not say I did not want to give them in chargeI said one was the thief, and the other two were the receivers, and they were all in the gang.
(Seal received a good character.)
JONES GUILTY . Aged 20
OSBORNE* GUILTY . Aged. 18
Transported for Seven Years.
SEAL GUILTY . Aged 18Recommended to mercy.
Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-1081
1081. JOHN BALL was indicted for stealing, on the 27th of March, 1 milk-pot, value 2s.; 1 glass tumbler, value 1s.; and 1 ale-glass, value 1s.; the goods of Thomas Toogood, his master.
THOMAS TOOGOOD . I live in Mount-street, and am a glass and bottlemerchant. The prisoner occasionally worked for meI missed these articles looking at them)I have no doubt that they aremineI have no mark on them, but know them from the cut of them, and missing such articles frommy stock.
Cross-examined by MR. BALLANTINE. Q. Do you manufacture these? A. NoI purchase them from a manufacturer; he is in a large way of business, and I have no doubt, manufactures a great many articles of the same sortI received information from the prisoner's step father, that led me to suspect himhis father keeps a shop himself.
HENRY WILLIAMS (police-constable D 51.) I took the prisoner in charge.
JAMES STEWART WALLIS . I am shopman to Mr. Tomlinson, a pawnbroker. These things were pledged at my employer's shop by the prisoner, on the 27th of February, the 8th of March, and the 27th of MarchI did not take in the milk-jug, but I was there.
Cross-examined. Q. In what name did he pledge them? A. "John Ball"there is nothing particular in themI have known the prisoner for six yearsI have been given to understand that he lived with his mother, who keeps a shop of this description.
NOT GUILTY .
Reference Number: t18370403-1082
1082. JOHN BALL was again indicted for stealing, on the 28th of March, 1 bottle, value 1s., the goods of John Worsley.
JOHN WOESLEY . I live in Brown-street, and am father-in-law to the prisoner. I missed a glass bottle, and appointed the policeman to meet me on the following day at two o'clockI went home again, and found the prisoner at homehe let me in from the shop doorthe policeman followedthe prisoner went into the parlour, and when he got there we heard something fall, and it was this bottle, which fell on the floorI suppose it fell from his pocket.
Cross-examined by MR. BALLANTINE. Q. I believe you had no shop when you married the prisoner's mother? A. NoI gave information of the prisoner to Mr. ToogoodI considered that a discharge of my dutyI did not do it with the idea of getting rid of himmy wife is here and her daughterI have not heard from them that she gave him this bottle.
HENRY WILLIAMS . I saw the prisoner come to the doorhe looked round, and saw meI followed him close into the parlourI saw this bottle fall from himI do not know whether he had it in his hand or nothe was standing with his back to the fireI said, "None of your nonsense," and took it up.
NOT GUILTY .
Reference Number: t18370403-1083
1083. JAMES READ was indicted for stealing, on the 2nd of April, 1 cushion, value 6s., the goods of Richard Davis.
WILLIAM BUTCHER BURWOOD . I live in Eccleston-place, Pimlico, and am a stable-keeper. On the evening of the 2nd of April I went with a fly to the Opera, about half-past twelve o'clock, and then I drove it to Ecclestonplace, and left it at the stable-doorI opened the fly-door to put down the glassI took the horse in, and when I came out I saw the door open, the steps down, and the cushion gonethis was about twenty minutes before one o'clock on Sunday morningRichard Davis is the owner of the fly.
GEOROE MABB (police-constable B 124.) About twelve o'clock at night I saw the prisoner at the Flask public-househe asked me where he was; I told him, in Ebury-squarehe was drunkI asked where his father livedhe said he was a beadle, and lived in Robert-streetI saw him go down Eccleston-place, and bid him good nightthat is about two hundred yards from where the prosecutor lives.
WILLIAM ELLIOTT (police-constable D 18.) At a quarter before two o'clock at night I stopped the prisoner in Oxford-street, with this cushion under his left armI asked him where he got ithe said from Pimlico, and was going to take it to St. John's WoodI took him to the station-house, and
then he said he had been walking with a policeman at Pimlico, and they had stopped a boy with it, who said it was no use to him, and he might have it.
Prisoner. To the best of my recollection I picked it up at the bottom of Eccleston-streetI said I had picked it up, to the best of my recollection. Witness. No, he said the boy had picked it up.
NOT GUILTY .
Reference Number: t18370403-1084
1084. GEORGE EDWARD NEWMAN was indicted for stealing! on the 27th of March, 1 writing-desk, value 5s., the goods of Saul Josephs.
SAUL JOSEPHS . I live in Exmouth-street. The prisoner was jobbing about for methis is my desk.
JOSEPH JOHN GOODE . I live with my father in Goswell-street and am a pawnbroker. I took in this desk on the 27th of March early in the morning, in the name of "Johnson."
Prisoner, I never pledged it, nor do I know where the pawnbroker lives. Witness. I am certain it was himI said before the Magistrate that it was hard to swear to a person when he had gone out of the shop; but I felt fully persuaded that it was him.
SAUL JOSEPHS re-examined. The shop was opened about eight o'clockI was down soon after, and then missed itI saw it on Sunday night, the 26ththe prisoner came and opened the shop on the 27tha servant girl had the care of the shopI came down at a quarter or twenty minutes after eight o'clockhe was not thereI went to his house at nine o'clock, and he was thereI went to the pawnbroker's about ten o'clock, and found it.
NOT GUILTY .
Reference Number: t18370403-1085
1085. WILLIAM MORTON was indicted for stealing on the 18th of March, 6lbs. weight of lead, value 1s.; and 1 metal cock, value 4d.; the goods of John Edward Nassau Molesworth, Clerk; and fixed in certain land of his.
MARTHA MART FINCH . I am the wife of Henry Finch, of Carolinastreet. On Friday night, the 17th of March, I saw the lead pipe and metal cock safeI missed it on Saturday morningit stood against the water-butt in the yardthis is itI know it is mine.
JOHN CLAPTON (police-constable K 246.) The prisoner was taken to the station by another officer, and the inspector ordered me to go to No. 3, Ratcliffe-square, where he livedI dug among the ashes in the cellar, and found this cock and leaden pipe.
HENRY SMITH (police-constable K 120.) I was on duty in the Commercial-road on the 18th of March. I heard there had been a robbery at the prosecutor'sI went there and saw some footmarks over four gardens, and at the wall, and of a person who had got over the back wall of No. 3I went up stain and found the prisonerI took his shoes, and they fitted the footmarksI then took him to the station, and found his pocket half fall of dustI then went back and found in the cellar a great quantity of dust, and in the corner of the cellar this lead and cock were foundthe prisoner's mother and a carpenter live in the house.
Prisoner's Defence. This robbery was done at twelve o'clock at nightthere were two men repairing the housethey came home at half-past nine o'clock and saw me go to bed.
NOT GUILTY .
Reference Number: t18370403-1086
1086. WILLIAM MORTON was again indicted for stealing on the 18th of March, 1 pair of trowsers, value 10s., the goods of Samuel Brown;
1 gown, value 2s.; and 1 pair of trowsers, value 10s.; the goods of Henry Fincb; 1 pair of trowsers, value 7s. 6d., the goods of Samuel Phelps; I pair of trowsers, value 1s. 6d. the goods of John David Burgess; and 1 pair of trowsers, value 2s., the goods of Thomas Titter.
SARAH BROWN . I am the wife of Samuel Brown of Caroline-street I left a pair of trowsers and a jacket in my yard on the 17th of Marchabout twelve o'clock at night I was disturbed by the barking of a dogthe next morning the property was all gonethese are my husband's property.
ELIZABETH BURGESS . I am the wife of John David Burgess and live at No. 3, Caroline-street. I hung out a pair of trowsers on this nightthey were gone the next morningthese are them.
SARAH PHELPS . I am the wife of Samuel Phelps. I left out a pair of trowsers on the linethey were gone the next morningthese are them.
ELIZABETH TITTER . I left out a pair of trowsers belonging to my husband, Thomas Titterthey were gone next day.
HENRY SMITH (police-constable K 120.) I went into the cellar and found these trowsers and a gownI traced the foot marks in the garden from the place where the trowsers were hanging, over four gardens and over the wallthe prisoner had a pair of women's shoes on, and had a peculiar treadI took his shoes off, and they corresponded exactly.
GUILTY Aged 20. Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-1087
1087. WILLIAM SIMMONDS was indicted for stealing on the 22nd of March, 1 handkerchief, value 5s.; 1 shirt, value 2s.; 1 pair of stockings, value 1s.; and 1 coat, value 2s. 6d., the goods of Thomas Frankrish.
THOMAS FRANKISH . I lodged with the prisoner at Southall-green, in the parish of Hayes. I got up on the 22nd of March at half-past five o'clock in the morningI left a bundle that contained the shirt and other thingsabout twelve o'clock I received information and went backthe bundle was goneI gave information and the prisoner was found with my coat on, about three weeks afterwards.
WILLIAM FAIR . I am a horse-patrol of Hayes. I received information and found the prisoner with this jacket on his backto acknowledged he had taken it.
Prisoner. He promised to sell me the jacketwhen I got up I put it on; as for the other things I am innocent.
THOMAS FRANKISH re-examined. No, never a word was mentioned about it.
GUILTY Aged 22. Confined One Year; Three Weeks Solitary.
Second Jury, before Mr. Sergeant Arabin.
Reference Number: t18370403-1088
1088. ELIZA BALL was indicted for stealing on the 18th of March, 10 shirt-fronts, value 15s., the goods of Thomas Evans; to which she pleaded.
GUILTY . Aged 89. Confined One Year.
Reference Number: t18370403-1089
1088. WILLIAM HORNE was indicted for stealing, on the 25th of February, 3 pairs of boot half-fronts, value 10s., the goods of Peter Frankland, his master.
PETER FRAKKLAND . I am a shoemaker, and live in South-street, Manchester-square. The prisoner was my blocker and cleanerhe has worked for me during five or six years occasionallyon the 18th of March Mr. Lloyd brought me some half-frontsI went to his house and found two more of them, making the three pairs of boot half-frontsthe prisoner had access to thesethey are minethey are worth 10s.my name is on the inside of one pair, and they are all blocked on one piece of wood.
JAMES PAYNE LLOYD . I life in Oxford-street, and a bootmaker. The prisoner had been in my employ, but misconducted himself and I discharged himhe came on the 25th of February and said he had bought a little leather, and made a few boot half-frontsI bought two pain of him at the trade pricehe then brought a pair of fronts, and I said they were damaged at the top, they were only fit for halveshe cut them in halfI then took them to the prosecutor, and he identified them.
Prisoner's Defence. I will not deny that I did take the fronts, but I was not conscious of what I was doingI was labouring under an aberration of mind.
GUILTY *, Aged 29. Transported for Seven Years.
Reference Number: t18370403-1090
1090. ROBERT PENNY was indicted for stealing, on the 5th of April 1 pair of boots, value 10s., the goods of Aaron Gush.
GEORGE CHENEY . I am a constable. At half-past eight o'clock, on the 5th of April, I saw the prisoner lurking about Mr. Gash's shop, in the Old Jewryhe saw me, and went up CheapsideI knew him before, and followed him, and saw something in his pocketI followed him down Queen-street, and when I saw a watchman before him, I pounced uponhim, and asked what he had gothe paused, and said, "A pair of shoes"I said, "What sort, are they Bluchers?"he said, "Yes"I found this pair of Wellington boots in his pocketI asked where he got themhe said he bought them, and made a very improper answerI took him, and want to Mr. Gush., who identified themI found 1s. 8d. on him.
AARON GUSH . These are my bootsI know them by the makethey were on my counter at eight o'clockwhen the constable brought the boots to me I missed them from there.
Primer. I did it through distress.
GUILTY *. Aged 25. Transported for Seven Years.
Reference Number: t18370403-1091
1091. MICHAEL MANDEVILLE was indicted for stealing, on the 19th of March, 1 jacket, value 16s., the goods of Nathaniel Rodney.
The prosecutor did not appear. NOT GUILTY .
Reference Number: t18370403-1092
1092. MARY WRAY was indicted for stealing, on the 5th of April, 1 trunk, value 3s.; 1 night-gown, value 1s.; 1 gown, value 6d.; 5 caps value 2s.; 4 yards of net, value 8d.; 1 knife, value 2d.; and 3 yards of calico, value 1s. 6d. the goods of Mary M'Crawney.
MARY M'CRAWNEY . I came from Cork by the Ocean. I came up the Thames, and got on shore at St. Katharine's Dock on Wednesday morningthe prisoner came with meI never saw her beforeshe said she had three sisters and a mother in Whitechapel, and that she carried on the laundry businessI was coining here to look for a situationshe said that she would befriend me, and take me to her mother's place, and that she hired persons sometimes, having more work than she could doI depended on her, and thought she would befriend meI had a trunkit contained a night-gown, a gown, caps, some calico, and the other things mentioned in the indictmentwe went together to a public-houseI paid for her crossing in a small boatI paid her passage, and she told me to put the trunk in a. public-house while we went to see for lodgingsshe got away from meI afterwards found my trunk was fetched from the public-housecried and screamed, and did not know what to do till the policeman took me.
THOMAS WARD . I am a pawnbroker, and live with Mr. Upsall, in
Ratcliff-highway. I took in this piece of calico, which was pawned by the prisoner on the 4th or 5th of April.
ELISABETH ADAMS . I keep a public-house in Castle-street, East Smith-field. The prisoner and the prosecutrix came with the trunk one Wednes day morning, about eight o'clockit was left therethey did not remain there above ten minutesthey said I was not to give it to any one but themI did not know which it belonged tothe prisoner came and had it about four o'clock.
RICHARD BARBER (police-constable N 250.) I found the prisoner about seven o'clock that evening, very drunk, and making a disturbance in a cook-shopI saw her again about eight o'clock, making a disturbance, and I took her to the stationwhile she was there I received information that the bundle she had was stolenit contained the night-gown, the gown, and other thingsI found the prosecutrixthe trunk is lost, but here are the other things.
(Property produced and sworn to.)
GUILTY . Aged 17. Transported for Seven Years.
Reference Number: t18370403-1093
1093. WILLIAM JACKSON was indicted for stealing, on the 1st of April, 1 jug, value 1s. 9d., the goods of Mary Downes.
JAMES CAMPLIN . I live in Theobald's-road, and am servant to Mrs. Mary Downes, who keeps a china warehouse. The prisoner was brought to the shop on the 1st of April by the constable, with a jug in his hand, which had been taken from a set inside the shopI had seen it there a quarter of an hour beforethis is it.
JACOB HOLDITCH . I live in Asylum-road, Lambeth. I was in Theobald's-road, and saw the prisoner therehe stooped down and took this jug from a basinhe ran round the corner, and I told the constable, who took him with it.
WILLIAM ADAMS (police-constable E 119.) I took the prisoner with this jug.
GUILTY *. Aged 13. Transported for Seven Years.
Reference Number: t18370403-1094
1094. THOMAS WILSON and MARY HARROL were indicted for stealing, on the 5th of April, 1 seal, value 2l. 2s.; the goods of Thomas Emmett.
BENJAMIN BULLS . I am in the employ of Thomas Emmett, jeweller, Holborn-hill. The prisoners came in togetherWilson asked to look at some sealsI showed him somehe looked at them, and asked for one with a large white cornelian stoneHarrol was by his side, and talking with him respecting themhe selected one which was 3l.he inquired the price of engraving two lettersI said about 5s.they said that would be too muchI said I had some cheaperhe said they were too commonI thought some of the seals were missing, and said, "I have lost some of these seals, and before you go, I will find them"Harrol hastily got out of the door, but I got round the counter in time to stop WilsonI sent the boy to call Mr. EmmettI told him to mind Wilson, and I went out, and saw Harrol waiting in Bartlett's-buildingsI waited in a public-house at the cornerI saw the officer, and told him to take her to the shopI watched her that she did not throw any thing away, and she was taken into a little back room.
Cross-examined by MR. PHILLIPS. Q. You will be good enough to tell this story over again?(the witness did so)the woman said, "Come
along, come along" and beckoned to the manI did not mention that beforeshe said it twice, but it slipped my memorythe man was not in such great haste as the womanshe was nearest to the doorhe did not attempt to runhe turned abruptly round, and was going outI ran round, and stopped him.
JOSEPH SHAW (City police-constable No. 39.) I was sent for to Mr. Emmett's shop, and found the two prisonersI took them into a roomwhile searching the woman, I was on her leftI heard something drop on the right of her: I said to Mr. Emmett, "Get a light," and this seal was foundI found seven half-crowns and two shillings on Wilson.
THOMAS EMMETT . This seal is mineI was present when the prisoners were searchedas far as the officer has stated, it is correctmy young man sent for me up stairshe stood between the man and the door to prevent his escapeI took his placehe said, "The woman, I am quite sure, has got some of the property"I said, "You go alter her"he went, and brought her backshe was searched, and I heard the seal fail from her. (Wilson received a good character.)
WILSON GUILTY . Aged 48.
HARROL GUILTY . Aged 34. Confined six months.
Reference Number: t18370403-1095
1095. JOSEPH SEARS was indicted for stealing, on the 21st of March, 1 waistcoat, value 2s. 6d., the goods of Edward Benbow.
ANN LEE . I am single. I lodge in the first floor at No. 1, Churchplace, IslingtonEdward Benbow lodges therehe went out on the 21st of March, at ten o'clock in the morning, and asked me to mind his roomI remained in the parlour to take care of itthe prisoner came there in the evening to see his uncle, as he saidBenbow is his uncleI had seen him beforehe did not stay there above ten minutesI never left the parlourI missed a waistcoat when he was gone, at half-past five o'clock.
Printer. Q. Did you see it in the room when I came in? A. It was there before you came inI saw it about half-past five o'clock.
HECTOR ESSEX . I am a pawnbroker, and live in Upper-street, Islington. This waistcoat was pawned, on the 21st of March, by the prisoner.
EDWARD BEMBOW . The prisoner is my nephewthis is my waistcoatwhen I went out I know it was safeI never permitted him to take it.
Prisoner. Q. Can you swear it was not in your coat when you put it on? A. Yes, I will.
Prisoner's Defence. I found it on the steps in Church-passage, and put it into my pocketI went to my uncle'she was not at homeI picked it up by the railingsI staid ten minutesI was not aware that it was his.
GUILTY *. Aged 22. Transported for Seven Years.
Reference Number: t18370403-1096
1096. CHARLES CALLCOTT was indicted for stealing, on the 6th of April, 3lbs. weight of mutton, value 1s. 9d.; the goods of William Henry Loadman.
OWEN SMITH . I know William Henry Loadman, he is a butcher in Paddington-streetI was standing at my own shop-door, on the 6th of April, and saw the prisoner take the muttonI pursued and took him with it under his armthis is it.
WILLIAM HENRY LOADMAN . I believe this is my muttonI missed a Piece just like it.
GUILTY Confined One Month.
Reference Number: t18370403-1097
1097. STEPHEN FIELD was indicted for stealing, on the 6th of April, 1 hat, value 2s. 6d.; the goods of Morris Moss.
JAMES MONTIER . I am a farrier. I saw two boys at the Colonnade, in Russell-square, on the 6th of April, from five to six o'clockI cannot swear to the prisoner; if he is the boy he has not the same countenanceone of them took this hat, and carried it before him into Russell-squarehe dropped it on the other side of a cart, and ran into Bedford-placein my attempting to follow him I slippedI caught the boy that took the hatI have no doubt of that, and I gave him to the policemanI never gave any other boy to the policemanI cannot say whether he had a cap on or notno one has been speaking to me about thisI made this mark at the office to this depositionthat is what I swore before the Magistrateit was read over to me I believeI have no doubt what I swore was true(read)"I was in the Colonnade this afternoon, and saw the prisoner take the hat from the stall in front of the prosecutor's, and ran away with it".
ROBERT LAY (police-constable E 44.) The prisoner was given into my custody by James Montier, in Russell-squarehe had a blue cap onthis is the hat.
MORRIS MOSS . I keep a stall under the stand. I did not miss the hat before the prisoner was brought backthis is my hatthe prisoner is the same boy that was brought back, but be looks different from having that cap on(the prisoner had a while night-cap on.)
GUILTY *. Aged 14. Transported for Seven Years.
Reference Number: t18370403-1098
1098. WILLIAM YATES was indicted for stealing, on the 24th of March, 1 tub, value 2s. 6d., the goods of Benjamin Leaver.
JAMES MITCHELL (police-constable G 145.) At half-past one o'clock, on Good Friday morning, I saw the prisoner in Goswell-street with this tubhe passed meI said, "What have you got?"he said, "A tub of mine"I said, "What had it in it last?"he said, "Water"I found it had bad some wash for pigs in itI took him to the stationI found Mr. Leaver's about 100 yards from there.
BENJAMIN LEAVER . I am a coach-wheelwright. This is my tubit was taken from my premises in Glasshouse-yardI had seen it safe on the 22dI know nothing of the prisonerhe had no right to have itit was in an enclosed yard.
Prisoner's Defence, I saw the tub against a dust-heap when I went to the pump to get waterI took it up, as any one might.
GUILTY *. Aged 19. Transported for Seven Years.
NEW COURT.Monday, April 10th, 1837.
Sixth Jury, before Mr. Common Sergeant.
Reference Number: t18370403-1099
1099. JAMES WOOD was indicted for stealing, on the 11th of March, 20 pieces of paper-hanging, value 3l., the goods of William Gotty Blogg; and JOHN BULL , as an accessory, and also for receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
WILLIAM GOTTY BLOGG . I live in Bishopsgate-street-without, and am a paper-hanger. On Friday, the 10th of March, I went out, and when I returned I found the prisoner Bull looking at some paper-hangings for a staircase, for a job that he hadhe ordered me to send twenty pieces to No. 4, Nothingham-place, Pearson-street, Kingsland-road, which I wrote down at the time
I was to send the bill with them, on the following day, and he would be at home to pay methe price agreed upon was 3s. per piece, but he said, being in the trade, would I make him some allowanceI said I would if I found that he was in the tradehe said he was going to hang them in the City HotelI said, "What in King-street, Cbeapaide?"and he said, "Yes"I sent the papers the next day by the boy Richard Graftonthe bill was receipted, and the direction on it.
Cross-examined by MR. DOANE. Q. He had been speaking to your shopman before you came? A. Yes, to the boyI agreed to let him have it the next day, in the ordinary way of doing businessthe prisoners have borne good characters from inquiries I hare made.
RICHARD GRAKTON . I am errand-boy to the prosecutor. On the Saturday, between twelve and one o'clock, I went with tome papers to No. 4, Nottingham-placeI saw Wood thereI asked him whether Mr. Bull lived therehe said "Yes," and asked if those were the staircase papersI said, "Yes"he told me to take them inI took them part of the way inhe took the papers from me, and the bill with them, and asked me what I was stopping forI told him I was stopping for the moneyhe said, "They are paid for," and then he said if they were not, I was to come back in an hour's timeI said I would take the papers with mehe said he would not let meI went to take them off the chair, and he shoved me against a wallI told him then, I must not go without the papers or the moneyhe said then that they were his master's property, and that they were paid forI went awayMr. Blogg came afterwards.
Cross-examined. Q. Did you go back in an hour as Wood told you? A. No.
Wood. I never showed you at allwhen you went to take the papers I pot my finger against them. Witness. You did.
JOHN EAST (police-constable N 122.) I went with the prosecutor and the boy to No. 4, Nottingham-place, on Saturday the 11th of MarchWood came to the doorthe boy said, "That is the man that took in the papers"Mr. Blogg then asked him what he meant to do, whether he would pay for the papers or return themhe said he knew nothing about it, that Bull was sot at homeI said he must consider himself in my custodyI searched him at the station-house, and found this bill and receipt in his pocket.
RICHARD GRAFTON re-examined, Wood took the bill and receipt out of my bandI asked for the bill againhe said he would let me take the bill back againI was going to take it when a woman who was there said she would not let me take it.
MR. DOANE. Q. Is that woman here? A. Not that I know ofWood took the paper and bill out of my hand.
GEORGE ERNEST RUTLEDGE . I am the son of Joseph Rutledge, of the City Hotel, King-street Cheapside. I employed Boll as a whitewasher last Christmas twelve monthI had not employed him on the 11th of March to hang any paper.
Cross-examined. Q. How long is it since any paper-hanging had been done in your house? A. About last December twelvemonth.
NATHANIEL BOWRING . I live at Pearson-street, Kingsland roadI am agent to the Pearson estate. I let No. 4, Nottingham-place, to the prisoner Wood twelve months agoI had also let a house to Bull at No. 15 Ormsby-street, adjoining that.
GEORGE KEMP (police-constable N 82.) I found the paper, at Bull's house in Ormsby-street.
NOT GUILTY .
Reference Number: t18370403-1100
1100. JOHN EPPS and TIMOTHY DAVIS were indicted for feloniously breaking and entering the dwelling-house of James White, on the 24th of March, and stealing therein, 1 shawl, value 2s. 6d.; 1 basket, value 6d.; 3 shirts, value 2s. 6d.; 1 shift, value 1s. 6d.; 1 towel, value 3d.; 3 pairs of stockings, value 1s.; 2 night-caps, value 6d.; 1 apron, value 6d.; and I hat, value 1s. 6d.; the goods of Isaac Knaggs.
ELIZABETH KNAGGS . I am the wife of Isaac Knaggs, we live in Cheshirestreet, Bethnal Green. About five minutes before two o'clock on the 24th of March, I came in, and shut the street door, but I do not know whether the lock caught or notit is a lock that shuts of itself, but it is a very bad oneI came down again at a quarter-past two o'clock, and the door was a little openit could not have been blown open by the windit might have been pushed openI had a shawl and basket, and the other things mentionedI had seen them all safe on the dresser in the front room below, five minutes before two o'clock, and while I went up stairs they were all gone.
ELIZA ANN FORECAST . I am the wife of William Thomas Forecast, of Cheshire-street, I live opposite the prosecutor's. On Good Friday, I saw Davis push open the door, and go into the prosecutor's placeEpps stood at the side of the door, with a bundle under his left armI do not know whether the door was on the jar.
Davis. She said before that all she knew me by was my jacket? Witness. No, I did notI did not see his featuresI did not know him before, but I saw his backI am sure he is the same built manI saw Epps' face, because he stood looking at meit was a man of the same height as Davis, and he had on a round jacket, such as he has on nowhe was taken in a coat, but he had shifted his jackethe was taken, about fife or a quarter-past five o'clock the same night, and then he had a coat onI said when I saw him, that he had a round jacket on, and when I saw him in the jacket I said he was the same man.
Davis. You saw me through the window. Witness. Yes, my window it about fifty-four feet, just across the roadI could see distinctly.
JOHN HODGES . I live in Manchester-street, and am a hair-dresser. About five o'clock on Good Friday, I saw Davis go to the door of the homebrewed beer-shop opposite mehe pushed the door a little way open, and put his hand in, and then he slid in, and Epps came up with a bundle, after Davis was inthen Epps pushed the door open a little way, and seemed to be giving directions to the other; and when they were both in, 1 went down stairs, and informed Duncomb, a neighbourthis I suppose is 150 yards from where Knaggs livesin a different streetI went for policeman.
Epps. Q. Did you see me shove the door? A. Yes, I am certain I saw you do it after Davis had got in.
WILLIAM DUNCOMB . I live in Manchester-street, and am a hair-dresser. Hodges and my little girl came and told me about thisI went to the beer shop, and both the prisoners were in therethat was towards five o'clockI directed Hodges to go for a policeman, and while he was gone, Epps came out with a bundle under his armI went after himhe turned up by the side of the King and Queenhe came back and asked if I was watching himI said, "No I was not"he keep muttering all the way down Hare-street, as far as Three Cow-corner, where he turned downhe law me pursuing, he turned back, and made a desperate blow at mecollared him and said "Now you so no further"I Wok him with me, till I
met the policeman, and gave him to himDavis went away, and went to the Freemason's Armshe had a jacket on when he was in the beer-shop, and when I had got to the Freemason's Arms, he had a coat onI went to his cousin's house, and there the jacket laid in the chairI took the policeman to the Freemason's Arms, and Davis stood in the front of the fire, it was about eight o'clockwhen we got Epps to the station-house, be gave the officer directions to go to his place, and nothing was found there.
JOSIAH ADAMS (police-constable H 51.) About twenty minutes'past five o'clock, I was in Hare-street. I laid hold of Epps, Duncomb told me, that he had made the attempt at the beer-shop, and he suspected the property he had belonged to them, but I found nothing in the bundle relating to this caseI found this shirt in his hatwe went to Epps' place, but did not find any propertythey dispatched a boy off to the Freemason's Arms, to tell some of the parties, and he went to the Freemason's Arms with us, we went in, and Duncombe identified Daviswe all went in togetherwe let the boy run on, and we followed him, and saw he was going into the house, and we got in firstI found Davis in this coat, which I now producewe then went to Davis's cousin, where he lodged, and there was this jacket.
Epps. I am a hawker, this shirt I bought in Petticoat-lane, for my own use.
ELIZABETH KNAGGS re-examined. James White keeps the house, we are lodgers there.
EPPS GUILTY . Aged 28
DAVIS GUILTY . Aged 28.
of stealing only; Transported for Seven Years.
Reference Number: t18370403-1101
1101. JOHN EPPS , and TIMOTHY DAVIS , were again indicted for feloniously breaking and entering the dwelling-house of Thomas Barnes, on the 24th of March, at St. George, and stealing therein, 2 cloaks, value 2l.; 2 hats, value 3s.; 1 tippet, value 1s.; 1 spoon, value 6d.; 1 handkerchief value 1s.; 1 pair of gloves, value 1s.; 1 pepper-box, value 2s.; and 1 other spoon, value 5s.; his goods.
SARAH BARNES . I am the wife of Thomas Barnes, we live in Humberstone-street, Commercial-road, in the parish of St. George, in the East. I came from the hospital at half-past one o'clock on Good Friday, the 24th of MarchI unlocked the door, and went inthe street door was open: my room is even with the streetI locked the room door when I went out, and left the key outsideI left all this property theremy husband is the tenant of the housewe occupy all the three roomswhen I left the parlour, I went down into the kitchenI remained there I suppose till four o'clock, or moreI then went up stairs to this room, the door was then open, and all the property stated was goneI am confident the door was locked, but I omitted taking the key out.
JOSIAH ADAMS (police-constable 51) I took the prisoner Epps, and took this property from him at the station-house, tied up in a handkerchiefI met him about twenty minutes past five o'clock in Hare-street, on Good Fridayhe said he had taken the property out of pawn the day before.
(Property produced and sworn to.)
WILLIAM DUNCOMB . About five o'clock on Good Friday I saw these two prisoners together in the beer-shop, in Manchester-street, Bethnalgreen,
and Epps came out, with this bundle under hit armhe said he got the things out of pawn the day previous.
Epps's Defence, I bought themI did not say I took them out of pawnI am a hawker by trade.
EPPS GUILTY . Aged 28.
DAVIS NOT GUILTY .
Reference Number: t18370403-1102
1102. MARIA BELMORE was indicted for stealing, on the lst of January, 1 coat, value 1l., 10s.; 1 waistcoat, value 10s.; 1 watch, value 2l. 10s.; and 1 snuff-box, value 1l. 10s.; the goods of John Cunningham.
MR. PHILLIPS conducted the Prosecution.
JOHN CUNNINGHAM . I live in Broad-street, St. Giles, and am a traveller. On the 1st of January last I was in Drury-lane, in the eveningI had dinedI saw the prisoner thereshe was not dressed exactly as she is nowI went to a house in Charles-street, Drury-laneshe was very anxious to have some drinkI had part of it, and I have reason to believe it was druggedI went to bed, and fell asleep in a very short timewhen I awoke in the morning, the prisoner was oneI missed my coat, waistcoat, silver watch, snuff-box, my breast-pin, and cash, and all, except my breechesI saw the prisoner again on the 27th of March, in Hart-streetI followed her, and I said, "How do you do to-night?"she did not speak at allshe did not seem to know meI am sure she is the womanI said, "What is the matter with you to-night? you and I are old friends; why don't you speak?"she still continued to deny that she had ever seen meI said, "It is of no use; you are the person that robbed me; if you restore my property, free of expense, I shall not prosecute you"I met a constable, and gave her in hargeI was drunk, but my recol lection is pretty goodI was infected with drinkupon my solemn oath, I swear she is the person.
ANN GRAY . I am servant to Mr. Scott, of No. 5, Buckridge-street, St. Giles, a lodging-house keeper. The prisoner lodged there twice with her husband, or a man that pasted as such, of the name of Johnsonshe went by his nameon the Saturday fortnight, before I was examined, I went to her to get some rentI had asked for it beforeshe gave me the ticket of what she said was her husband's coatthere were three more duplicates that I got from herI do not know whether this is the ticket of the coatI did not look at itI gave the ticket to Scott, my masterthe first two I gave my mistress.
THOMAS SCOTT . I am landlord of the house where the prisoner, and a man of the name of Johnson, lodgedshe brought three tickets to my place, as security for rentshe gave two to my wife, and one to meI took it to the pawnbrokerat last I gave the policeman the renewed ticketsthey were renewed in my name when I took them to the pawnbrokerAnn Gray lives with meshe is a servantit is a brothelit is not the house I live in, but it is mine.
HANNAH SCOTT . I got two duplicates from GrayI put them into the drawer of my roommy husband took them outthey were the same as I got from Gray.
WILLIAM HENRY BAYFIELD . I am shopman to a pawnbroker in Goswell-street. I have a watch which was pawned on the 2nd of January, and renewed by Scott on the 7th of MarchI do not know who pawned it.
WM. RICHARD TUCKWOOD . I am a pawnbroker, and live in Orange-street. I have a coat, which was pawned on the 11th of JanuaryI do not know by
whomit was by a man, in the name of Johnsonon the 7th of March Scott brought the ticket, paid the interest, and renewed it.
WILLIAM ROBSON . I am shopman to Mr. Wood, a pawnbroker in St. John-street. I have a snuff-box, pawned on the 21st of January, in the name of Mary ClarkI did not take it in.
HENRY CRICK . I took in this snuff-boxit was pawned by a womanI could not swear to the person, but I believe it was the prisoner.
WILLIAM BENTON (police-constable E 22.) I took charge of the prisonershe directed me where to find some duplicatesI went to Mr. Scott, in consequence of what she said, and got four duplicatesthey correspond with these articles, and the duplicates produced.
SAMUEL CLARK , I live in Liquorpond-street. This waistcoat was pawned with me by a man in the name of Johnson.
JOHN CUNNINGHAM . These are my clothes, and this is my snuff-boxit has my initials on it, and this watch is mine.
GUILTY . Aged 35. Transported for Seven Years.
Reference Number: t18370403-1103
1103. JOHN HARVEY was indicted for forging and uttering, on the 2nd of August, a bill of exchange for 28l. 15s. 0d. with intent to defraud William Cooper.2nd COUNT, for forging and uttering an acceptance to a bill of exchange.
MR. BALLANTINE conducted the Prosecution.
THOMAS POWELL . I am traveller to Mr. William Cooper. On the 30th of March, 1836, I taw the prisoner at Winborn, in DorsetshireI was travelling there for Mr. Cooperthe prisoner resided there, and applied to me to supply him with some goodsI told him I could not take his order without a guarantee, and he offered me Mr. Topp, his brother-in-law, as securityI made inquiry, and found he was a very respectable man, and lived in the neighbourhoodon these terms, and on no other, I supplied the prisoner with goodsthese goods were to be paid for in four monthsI know they were suppliedI received no guarantee from the prisonerit was to be sent before the goods were sent off, but it was noton the 30th of July I applied to him to pay me, either in cash or in Mr. Topp's acceptance at one monthhe went, as he told me, to Mr. Topp's, and brought me an acceptance of Mr. Topp's, but I discovered it was only on a receipt stampI told him that was of no use, he must go and get it upon a regular bill stampI gave him the price of the stamp, and as I was getting into my gig he brought me a bill, and told me that was Mr. Topp's acceptance on a regular stampI believe this is itI have no doubt it is the same(read)-"Payable at Glynn and Co. Accepted. Geo. Topp."on my arrival at Poole I found it was not indorsedI inclosed it in a letter directed to Mr. Topp, and requested him to get the prisoner to indorse it, and to forward it to Mr. Cooper.
Cross-examined by MR. PHILLIPS. Q. You said you believed this to be the bill?A. I believe that to be the bill be gave meI sent it by post from Poole that dayit was forwarded by post to Mr. CooperI believe this is the same billI do not know the writingI cannot swear positivelyI have no doubt in my own mind.
WILLIAM COOPER . I am a Manchester warehouseman, residing in Wood-street, Cheapside. On the 2nd of August I received this bill of £28 15s. in a blank envelope from Winbornit bears the indorsement of the prisoner, "John Harvey"I sent my clerk to present the billit was returnedI wrote a letter to the drawer, and another to the acceptorI
received an answer from a person signing his name "John Topp"I wrote a second letter to John Topp, and received a second replyI wrote a third letter, but received no replyI then arrested the prisoner on the bill.
THOMAS POWELL re-examined. Q. Does this agree in terms with the bill handed to you by the prisoner? A. Yes.
Cross-examined. Q. How far is Winborn from where Mr. Topp lives? A. He lives at Winborn, just by thereI was not in town on the 5th of AprilI only got to London last Friday nightI left home the first week in February.
JOHN CLARK . I am clerk to Mr. Cooper. I presented a bill at Glynn's on the 3rd of Septemberit was dishonoured.
EDWARD CROSS . I am a linen-draper. The prisoner lived with meI am acquainted with his handwritingthe body of this bill and the signature are in his handwritingthe acceptance I could not swear toit bears a general similarity to his writing, but it is disguised, if it is his.
GODFREY GODDARD . I was present at the prisoner's examination at the police-officehe was asked whether he wished to say any thinghe spoke, and I took down his wordsI saw the depositions takenI read them at the timethe words which I heard spoken by the prisoner appeared on the depositionshe was asked whether he would sign them, and he refusedthe depositions agreed with the words I had taken downI can state exactly what he saidI have it now before me(reads) "I did not mean to defraud, but as my brother-in-law had promised to lend me 50l. or 100l. I made use of his name on the bill, expecting I should be able to take it. up when it became due."
GEORGE TOPP , being called, did not appear.
NOT GUILTY .
Reference Number: t18370403-1104
1104. ELEANOR PEARCE and JANE NELSON were indicted for stealing, on the 7th of February, 1 watch, value 9s.; 2 seals, value 2l.; 1 watch-chain, value 1s. 6d.; 1 watch-guard, value 6d.; 2 half-crowns, and 9 shillings; the goods and monies of Thomas Simpson.
MR. BALLANTINE conducted the Prosecution.
THOMAS SIMPSON . I am master of the ship Cornelius. I was out in the evening of the 7th of February at half-past eight o'clockI had had nothing that day but one glass of grogI met the prisoner Nelsonshe took hold of me, and decoyed me homeas we were going home, Nelson went and spoke to Pearce, and then we all three went homeI gave Nelson 5s. for my night's lodgingNelson asked me if I could afford any thing to drinkI gave her 6d. to get a pot of beerI did not feel at all well, and went to bedI said, "Here is 6d. for the drink, I shall go to bed"I pulled off all my clothesneither of the prisoners did any thingthey were sitting in the roomI put my watch under my pillow, and went to sleepI awoke, I suppose, in about an hour, and saw Pearce with her hand in my trowsers pocketshe said, "You had better get up, your woman is gone away; her child is crying"I looked under the pillow, and missed my watchI knocked with my feet, and the landlady came upI lost two half-crowns and nine shillings.
Cross-examined by MR. DOANE. Q. What are you? A. I have been captain of a shipI had not been an hour on shore when I met herI dined on board with my mateI am marriedmy wife lives in the northI did not go to the Jolly Sailors with the prisonersI drank nothing at all with themI was as sober as I am nowI went to bed, and kept my eye upon
themPearce went out to get something to drinkI fell asleep after thatI think it was about half-past ten o'clock at night when I awokeI could not lay hold of Pearceshe was gonethere was a light in the roomI cannot tell when Nelson wentI never saw Mrs. Neale till I knocked with my feetI came to town again on the 29th of Marchthe prisoners were then in custodyI told Mrs. Neale what I had lost, and we called for the police, and searched the roomwe went about, but could not find themthis is my watch.
MR. BALLANTINE. Q. When you saw Pearce you were naked in bed? A. Yes.
SAMUEL PERKINS (police-constable K 117.) On the night of the 22nd of February, in consequence of information, I took Nelson at a house in the Commercial-roadPearce came out of the house afterwards, but I did not see herI told Nelson that she was charged with stealing a watch and some moneyshe said she knew nothing about itthe house kept by Neale is about four hundred yards from where I took the prisoners.
WILLIAM WILTSHIRE (police-constable K 249.) I took the prisoner. Pearce one evening in February, in the Commercial-road. (On the 7th of February I saw the prosecutorneither of the prisoners were with himhe was slightly intoxicated)I took Mrs. Neale to the station-housethe two prisoners were present, and when she saw them, she said they were the parties that were at her house with the prosecutor.
SARAH NEALE . I live at No. 8, Bluegate-place, and keep a brothel. I was not at home when the prosecutor camePearce was sitting in my room when I came inNelson called to Pearce to fetch some beerNelson came down after she had settled with the gentleman", and gave me 2s. for the bed, and 6d. for the liquorshe said she had asked the gentleman liberty to go and see her child, and was coming back to stop with him for the nightshe said if he said any thing, I was to come after her to Cable-courtboth the prisoners went out togetherPearce said she would go up stairs and see if the candle was safeshe came down directly, and went off immediately with the other prisoner, and after that, the prosecutor called me, and said he had lost his watch.
Cross-examined. Q. Which of the girls was sitting with you? A. Pearce was sitting with me, while Nelson was up stairsPearce was sent out by the other to buy some beer, and she returned from the stains directly, and sat down again in the room, and remained till Nelson came downI believe Nelson has the care of a childI was not many minutes in the room when the prosecutor called meNelson had talked with me about five minutes, and then Pearce went up stairs to see that the candle was safeI went to Cable-courtwhen the prosecutor called me I could not find herI never saw either of the prisoners till the policeman fetched roe, about a fortnight afterI came here once before to do good, if it laid in my powerI was subpnaed about something done in my houseI came to clear my housethere were no other girls in the house.
JOHN HEATH . I produce a watch, pledged on the 8th of February, but not by either of the prisoners.
THOMAS SIMPSON re-examined. I never saw the beerI told them I did not want any of itI am quite sure I never drank any.
WILLIAM WILTSHIRE re-examined. The prosecutor seemed slightly intoxicatedhe seemed as if he had been drinking, by his manner of speakinghe gave me a description of the partieshe did not smell of rumhis manner might have been caused by the excitement from his loss.
NOT GUILTY .
Reference Number: t18370403-1105
1105. JOHN KING was indicted for stealing, on the 18th of March 1 looking-glass and frame, value 1l. 2s., the goods of William Charles Woollard.
JAMES WILLIAM BAYLEY . I am a journeyman to Mr. William Charles Woollard, of Old-street. I was in the room adjoining the shop, at a quarter past eleven o'clock, on the morning of the 18th of MarchI saw the prisoner going out of the shop with a glass in his handI heard no noiseI turned and saw himI ran after himhe had got about four doorsI collared him, and said he must come backhe said, "What for? your master sent me for it"I brought him backmy master said, in his presence, that he had not sent him; and the prisoner went down on his knees and begged to be let offMr. Woollard then gave him in chargeno promises had been held out to him.
JOHN DONOVAN (police-constable N 100.) I was sent for and took the prisonerI saw him go on his knees and promise never to do so again.
J. W. BAYLEY. This is my master's glass, and the one that was taken.
GUILTY .* Aged 19. Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
Reference Number: t18370403-1106
1106. WILLIAM JAMES and HENRY TAYLOR , were indicted for stealing, on the 1st of April, 34 yards of cloth, called buckskin, value 7l. 10s.; and one canvass wrapper, value If.; the goods of John Underwood Coy; and that William James had been before convicted of felony.
MR. DOANE conducted the Prosecution.
THOMAS MATTINSON . I am foreman to James Underwood Coy, a woollen warehouseman in Wood-street Cheapside. On the 1st of April I made up a parcel of thirty-four yards and a quarter of buckskin, in a wrapper, which had a ticket outside with the name and directionI took it to Kenworthy's man, and saw him put it into the middle of the wagon, about eight o'clock, between two bags of wool, so that it could not fall outthe bags were about six feet longhe lifted up his wrapper, laid the piece of goods in between, and laid the wrapper on itit was impossible it could have fallen out.
Cross-examined by MR. STURGEON. Q. How High were these bags? A. I suppose about six feetthere was a place between the two bags of woolit was about two feet or more from the sideit was impossible the parcel could have fallen out.
Cross-examined by MR. JONES. Q. What was the height of the wagon? A. About six feet or betterit was about eight o'clockit was opposite the light of the watch-house.
JOHN ROCK . I am a wagoner in the employ of Messrs. Kenworthy. On the 1st of April I received from Mattinson a parcel to take to Messrs. Howitt's in HolbornI placed it between two bags of wool, and a heavy woollen blanket was placed over it to keep the water offI am certain it could not have got out itselfwhen I got to Holborn the blanket was turned back and the parcel gonethat could not have happened accidentallyI received the parcel at the bottom of Love-laneI went up Aldermanbury, and turned into Cateaton-street, and up Milk-street into Cheapside.
Cross-examined by MR. STURGEON. Was not this a very windy day? A. NoI have never had the blanket blown up with the windit is not liable to fall offwool is a very steady cargoit could not fall out behindit was on the front, slid under the two ropes, and the blanket as well.
Cross-examined by MR. JONES. Q. What height was it from the ground to the top of the load? A. Fourteen or fifteen feetI had four horses.
MR. DOANE. Q. What part of the wagon were you at? A. I was behind with the third horsemy fellow servant was with the first horseI was not behind the wagon.
JAMES CUTHBERT . About eight o'clock at night on the 1st of April I was in Gutter-lane, and saw the prisoner Taylor carrying this bundle under his armthere were two persons with him that I knewthey might have been about a quarter of a yard from himnot moreI followed him into St. Ann's-lane, near the post-officeJames was one of the other persons with himwhen I got into St. Ann's-lane I collared Taylor, and he dropped the cloth, struck me right and left as bard as he could, and tried to get awayI called for assistance, and Rawlinson camehe picked up the parcelI was obliged to take Taylor in a coachI have got the invoice that was under the string of the parcel. On Friday morning the 7th, about half-past seven o'clock, I saw James in Watling-street, in company with two othersI spoke to a man of the name of JayI saw that James was watching me, and I followed himhe ran into St. Paul's churchyardI overtook him just by the schoolas he went under the piazza he drew this life-preserver, and flourished it about at me, which prevented my getting at himI ultimately got him into custody by calling out.
Cross-examined by MR. JONES. Q. What time was it you saw Taylor with the parcel? A. As near as I can tell, about eight o'clockwithin a quarter before and a quarter after eight o'clockit was not dark when I first saw themthey were directly opposite a fishmonger's in Lawrence-laneSt. Ann's-lane is on the side of the pott-officewhen I first saw them there was a light from Gordon's, the fishmongeronly Taylor was carrying the parcelI was standing on the pavement as they passed along the roadthey passed rather quicklyI do not know what became of the other twothey were all going one wayI do not know when they parted companydirectly I took Taylor I saw no more of the other twoabout three minutes elapsed from the time of my first seeing Taylor, till I stopped himthe other three were in sight from the corner of Gutter-lane up St. Ann's-lanethey might have been two minutes in my sightit was about six days after that I saw JamesI did not speak to him when I saw himI stood a minute to satisfy myself that it was himI had no doubt of himI knew him well previously.
COURT. Q. On the Saturday evening, and before that, had you known the person of James? A. Yes, wellhe was one of the persons that were there.
JOHN RAWLINSON . I am a carman, and live in Bread-street On the lst of April, I was standing in Gutter-lane, and Cuthbert asked me to come and assist himwe followed the prisoners from Gutter-lane to St. Ann's-lanetwo men followed Taylor to St. Ann's-laneCuthbert seized Taylor, and he dropped the parcelI took it upI believe James was one of the men, but I should not like to swear to him.
WILLIAM DEVOLL . I am a fruiterer in Great Distaff-lane. On Friday morning, the 7th, I heard a cry of "Stop thief"went I out, and saw James running down the streetI tried to take him, and he struck me twice on the side of the face with this weaponI caught hold of him, or I must have fallenit was a violent blowmy mouth was full of bloodit is so bad now that I cannot eat on that side.
JOHN GAT . I am one of the Ward-patrols. On Friday morning my attention was directed by Cuthbert to some menthe prisoner James was oneat that time I was in Watling-streetJames went to the corner of St. Paul's-churchyard, and looked backthen he ran onhe turned back, and went down Watling-street into Distaff-lane, where he was captured.
JOHN UNDERWOOD COY . This is my propertyit is worth 7l. 10s.
Cross-examined by MR. JONES. Q. Had you received the order from a person in Holborn? A. My warehouseman told it to him on SaturdayI had been in the habit of sending him small parcels beforehe did not direct me to send it by that wagon, but we invariably did so.
MR. JONES called
EDWARD BARTON . I live in Titchborne-court, Holborn, and am a tailor. I know the prisoner James by seeing him frequent the same house I do on Saturday night, the first of April, I was in the public-house opposite Norfolk-street, StrandI went in a quarter before six o'clockJames was there, in the back parlour, drinking with a stout personI remained there till near ten o'clockI went out once for convenience, but was absent only three or four minuteswhen I came back, I found James still therehe might have gone out for a minute or two, but not morehe was not out of my sight as much as five minutes after six o'clockI left him there about ten o'clock.
MR. DOANE. Q. Are you a master-tailor? A. Yes, in a little way, and have been so for twelve years, except a few weeksI have been in Titchborne-court about three monthsI was in Landsdowne-mews two yeanI have been in Whitecross-street prison for debtI have been in the House of Correction, and not to my own discreditI was prosecuted, and got several respectable persons in Court that knew me wellit was for a misdemeanorI recollect something about a coat, and the prosecutor is in Court that can prove I was innocentI was charged with stealing a coat, but was not triedI was examined at Bow-streetit was between me and an acquaintanceI was sent to the House of Correction, but not for thatI was charged with an exposureI was there three months, and this person who was committed with me, is the person you allude to about the coatto the best of my knowledge, I was never in any other prisonI have been in several, but not confinedI was confined once moreThere were six or seven persons in this public-houseTaylor was not thereI knew James by using the house about a month or five weeksI have drank with him once or twicehe is no companion of mineI believe we did, one night, have some half-and-half; but not more than once or twiceI should think that is about a fortnight or three weeks ago.
Q. Did you drink with James that night? A. I did notI was drinking by myselfI believe there is some one else here who was there that night, but I do not know his nameI have seen him there about as often as I have James, about once or twice a weekhe was in the house when I went in, at six o'clockI left him there sitting on the opposite sidehe did not drink with James, nor with mehe did not talk to meI might have said a word or two to himmy attention was not particu larly directed to that eveningI am in the habit of being there on Saturday nightJames' father came to me, and subpnaed meI never saw his father beforethis case was named one Saturday night at the house, and my direction was askedseveral persons talked about itthe other person who is to give evidence was there, and it was agreed we should come together
I deal in cloth, and have laid out some hundreds of pounds with the person that this was going to.
MR. JONES. Q. You say that you were taken for the other offence before this charge of the coat? A. YesI am known to Messrs. Howitt and Everittit is with them I have laid out hundreds of pounds.
COURT. Q. What was the name of this public-house? A. think it is the Angel and Crown, or the Angel and SunI go there every Saturday nightI do not know where Gutter-lane isI know it is in the CityI know where Aldermanbury is.
THOMAS KIRBT . I produce a certificate of the prisoner James's former conviction of felony which I got from Mr. Clarke's office(read)the prisoner is the man.
JAMES GUILTY . Aged 24.
Transported for Life.
TAYLOR GUILTY . Aged 26.
Transported for Seven Years.
Reference Number: t18370403-1107
1107. FRANCIS GEORGE ROBINSON was indicted for stealing, on the 3rd of April, 2 gowns, value 1l. 2s.; 1 pelerine, value 6s.; and 1 petticoat, value 2s.; the goods of Joseph Giddens.
JOSEPH GIDDENS . I live at Bedfont and keep a public-house. The prisoner came and asked for a night's lodging on the 2nd of April(he had called three weeks before, when he was quite lame with the gout, and had half a pint of beer)he went away in the morning about half-past seven o'clockhe paid sixpenceI suspected something, and went up stairsmy wife missed two gowns and part of a silk dressI pursuedhe had not got above 400 yards from the housethe patrol found these things on himthere was this petticoat, which we had not missed before.
MARY GIDDENS . What my husband has stated is correctthis property was in the room where the prisoner slept.
JOHN JENKINS . I am an officer. I searched the prisoner's blue bag, and found these things, and on his person I found a bunch of keys and a file.
GUILTY . Aged 33. Confined Six Months.
Reference Number: t18370403-1108
1108. JAMES WHITE was indicted for stealing, on the 3rd of April, 1 aw, value 2s. 6d., the goods of Robert Lankester.
ROBERT LANKESTER . I am a butcher. This saw was lost from the block in my shop, in Church-lane, Whitechapel, on the 3rd of AprilI know it to be mine.
WILLIAM WRIGHT . On the 3rd of April I saw the prisoner walking backwards and forwards with one or two morein a few minutes I saw Mm and another go and reach over, and the prisoner took the saw off the blockI followed and told him to bring it back.
Prisoner. He stated at the office that another boy took it.
GUILTY .* Aged 18. Confined Six Months.
Reference Number: t18370403-1109
1109. PATRICK NEALE was indicted for stealing, on the 3rd of April, 1 pair of scales, value 5s. the goods of William Lucas.
MARY LUCAS . My father, William Lucas, keeps a confectioner's shop in High-street, St. Giles's. On the 3rd of April, at twenty minutes past five o'clock in the afternoon, I saw the prisoner lurking about the shopI had seen him before and knew himI am sure it was himmy mother spoke to mewhen I went into the shop again, the prisoner was by the shop counter, and he had the scales in his handhe put them under his
coat, and went away with themI told my mother, and then went and found a policemanhe took the prisoner in about twenty minutesI have never seen the scales sinceI am sure I saw them in his hand, and on the counterI had not long done using them.
JOHN WOODGET . I am a police-constable. Mary Lucas described the prisoner to mehe was standing on the opposite side to Lucas's shop in Lawrence-street, which leads into the RookeryI secured him.
Prisoner. I never was in the shop in my life.
MARY LUCAS Re-examined. I have seen him very oftenhe lives in the Rookery, I believe.
GUILTY .*Aged 16. Transported for Seven Years.
Reference Number: t18370403-1110
1110. CAROLINE WOODWARD was indicted for stealing, on the 25th of February, three waistcoats, value 14s.; 1 table-cloth, value 7s.; three pairs of trowsers, value 10s.; three frocks, value 17s. 6d.; 1 coat, value 3s. 6d.; 1 cap, value 1s.; 2 hats, value 10s.; 1 pillow, value 3s. 6d.; 1 cloak, value 8s.; 1 petticoat, value 8s.; 1 curtain, value 3s.; 1 shawl, value 1l.; 1 table-cloth, value 5s.; and 1 jacket, value 10s.; the goods of James Bragg.
JAKES BRAGG . I live in High-street, Wapping, and have a wife, who is insanethe prisoner was at my house occasionally to attend to hershe was not a regular servant, but used to come in as a friendly neighbourI received information on the 21st of MarchI had missed a variety of articlesI went round to the pawnbrokers, and found some things that I had not missedafter that, I spoke to the prisoner, she was in the houseI asked her what she had done with the money for the things she had pledgedshe denied having pledged any thingI said it was very odd, because Mrs. Bragg was making a great noise about her crape shawlshe said she supposed she had pawned it herself, and said it was great audacity to charge so respectable a person as she wasI took her into custody on the Thursday followingshe said at the station-house that she would return the duplicates, and fourteen were given upbut I found a great many more on the Monday following, not having seen her from the time she had been taken before she was taken again.
JEMIMA RICHARDSON . I am servant to Mr. Bragg. The prisoner was frequently at his houseshe asked me to go and pawn things belonging to Mrs. BraggI gave the money to the prisonerI did not know but what Mr. Bragg gave her leave to do itI told Mr. Bragg of it at last.
THOMAS SIBLEY . I am a pawnbroker, in Old Gravel-lane. I have two hats, a cloak, a frock, a jacket, one piece of linen, a coat, a waistcoat, some more linen, and several other things, pawned by Richardson, and some by two other persons, but none by the prisoner.
JEMIMA RICHARDSON . I pawned some of these things by the prisoner's desire.
THOMAS WARD . I live with Mr. Upsell, in Ratcliff-highway. I have a remnant of calico, and a crape shawl, pawned by Richardson.
JEMIMA RICHARDSON . I pawned them by the desire of the prisoner and gave her the money.
WALTER GEORGE NEWSTEAD . I am a pawnbroker, and have five parcels, containing a frock, two towels, trowsers, and other, thing-all pledged by Richardson.
SAMUEL WOOD . I am a policeman. I took the prisonerthe
first fourteen duplicates were handed to me by another officer, who had them from the prisoner.
JAKES BRAGG . These articles are all mine but one.
Prisoner's Defence. Mr. Bragg was a bankruptI kept his little boy four months in my house, while the messenger was in the househe had 5l. a week allowed himI went in to assist in making and mending for the childrenhe could not afford to pay the woman her wageshe owed her three guineas and a halfhe used to go oat every day, and I was empowered to do what I pleasedone day he was at home ill, there was nothing in the housethe servant offered her own gown to pawn, and on the following Saturday he gave me a sovereign to buy bread and other thingshe gave me a mustard-spoon to send out, and Richardson well knows that she took the things to get money to support the houseshe gave me the money to do the best I could with it for the support of Mr. Bragg and the family.
JAMES BRAGG re-examined. I was informed by Richardson what was going onin consequence of losses last year I became a bankrupt on the 2nd of Januarythe Court awarded me 5l., a week, so that I had funds to supply every thing that was wantedshe had no authority to pawn any thingI know she pawned a salt-spoon, and after that she pawned a brooch, the tickets of which she gave me.
JEMIMA RICHARDSON re-examined. The family were not in distress, that I sawMr. Bragg was in the habit of providing what was wantedI pawned them in Mrs. Woodward's name.
GUILTY . Aged 39.Recommended to mercy.
Transported for Seven Years.
Reference Number: t18370403-1111
1111. MARY ANN HENEY was indicted for stealing, on the 30th, of March, 1 watch, value 20l., and 1 watch-guard, value 5l.; the goods of James Monkhouse.
JAMES MONKHOUSE . I am a warehouseman, and live in St. Paul's churchyard. On the 14th of March I fell in with the prisoner near to Convent-garden, between two and three o'clock in the morningshe was a strangerI had been making merry with some friends, and was rather freshwe walked together as far as Bedford-hotel, Bedford-burywe went to bed directlyI awoke at seven o'clock in the morningthe prisoner rose at that time and dressedI looked at my watch, it was then seven o'clock, and I laid down againthe prisoner went out, and I missed the witch and guard in about twenty minutes.
Cross-examined by MR. JONES. Q. You were quite sober when you went to bed? A. Not quiteI was slightly intoxicatedI had dined out at seven o'clock, and we went to the theatre at half-past nine o'clockI returned to my friends after that, at a little past twelve o'clockI had some wineI was quite sober when I got up in the morningI swear I had my watch at seven o'clock, lying on the dressing-tableI saw her go outthe female servant came into the room after she went awayI had paid the prisoner at night.
COURT. Q. You awoke about seven o'clock in the morning? A. Yes; she was dressingI got up then to see the time, and the watch was on the tablethat was about ten minutes before she went away.
ROBERT BIRD . I am a pawnbroker, and live in Long-acreon Saturday this watch was pledged, but I was not thereit was redeemed againthe prisoner brought it again on Monday, and I detained her, from information I had.
Cross-examined. Q. You knew her very well? A. I knew her two or three years backI had seen her at my shopshe pawned it first on Satur day, and then took it out, and brought it to pawn again on MondayI had no conversation with herI sent for an officer, and pretended to detain her, as I was busywe lent a sovereign on itthe value of it is about20.
JOSEPH HARRIS . I am a jeweller. The prisoner came to my shop on Saturday, the 1st of April, between one and two o'clock in the dayshe put a gold watch into my hand, and asked what I thought it was worthI hesitated about giving her an answershe said "Is it worth 10l.?"I said I don't knowshe said "Yes; I know it is; for it has been pawned for that, and I am the woman that has pawned it"I then went away, and left her; she came again, and my wife asked me to take it to pawn for herI said I would not have any thing to do with it, she had better take it to where she was knownshe said she had taken it to one or two, and they had not so much to lendI said, perhaps they thought it was not her ownshe said, "It is; I met Mr. Johnson, and told him I must have some money, and he took the watch from his guard, and told me to pawn it for 8l., and send him the duplicate in a letter."
Cross-examined. Q. What is the prisoner to you? A. She married my wife's brotherI don't know Mr. JohnsonI have heard speak of him, as sending her money at various timesshe is marriedher husband is abroad.
GEORGE WESTON . I took her into custody, and have had the watch ever since.
JAMES MONKHOUSE . This is my property.
GUILTY . Aged 23. Transported for Seven Years.
NEW COURT.Tuesday, April 11th, 1837.
Fifth Jury, before Mr. Common Sergeant.
Reference Number: t18370403-1112
1112. SARAH BLACKLOCK was indicted for feloniously killing and slaying a certain male infant child.
ANNE PUDNER . I am the wife of Samuel Pudner. I live at No. 18, Shouldham-streetthe prisoner lodged in the same house that I didI was not present at the birth of this child, but very shortly afterwardsit was a male child of which she was the motherit was in January lastI cannot say the daythe first time I saw it, it was a fine child and healthyI saw it perhaps two or three times a weekI saw her take care of it and act as the mothershortly after its birth (it might be a fortnight or three weeks) it caught coldI am not quite certain that it had recovered the cold before its deathit died on the 18th of Marchit was looking much better when I saw it lastthat was on Thursday the 9th, about eleven o'clock in the morningthe mother brought it in her arms to my apart ment and took it out againthe next time I saw it was on Saturday about half past twelve o'clockit was then in bedthe mother was not with itI had not seen her between the Thursday and Saturdaythe child was then very near death, and lived about three minutes after I found itno one lived with the prisonerI cannot say when she had left the houseI frequently went into the room to ask after her health, and the child's alsothe child was six weeks old on the day it diedI called the landlady of the house, Mary Burdenshe came up with another person, who took the
child, but she had scarcely time to take it on her lap when it diedthat was the child I had seen with the prisonerher room door was open when I went in: it was furnishedshe was gonethere was a box of her's left, but nothing in itI cannot tell what occasioned the death of the child.
MARY BURDEN . I keep the house No. 8, Shouldham-street, and where the prisoner lodged. I was present at the birth of a male child of her a, in January lastI cannot say who nursed itshe suckled the child for a fort nightbut she had a nurse as wella soldier visited herit was a very fine child, when born; then it took cold, and became worse, and it reduced it very muchas March came on, it got a little betterthe mother then took care of itI saw her last at our house, at eleven o'clock on the Friday morningshe then came into my apartment, and brought my iron that the had gotI do not know where she went thenI did not go into her room that dayI was called up the next day, about half-past twelve o'clock, and I saw Mrs. Pudnerthe child was in bed, and it died three minutes afterwhen I first saw it that morning, it was very nearly deadit died as soon as it was movedI am a motherI cannot tell what it died ofit did not cry, it was too weakall the prisoner's clothes were goneI never knew that they were gone beforeI cannot say what clothes she tookthe had a large box, I do not know what it containedshe went by the name of Blacklockthe man's name that visited was Walter GreenI did not see Urn there that weekI believe she was very badly off.
ANN SANDALL . I lodge at this house, and am the wife of Thomas Sandall, a carter. I saw the child at seven o'clock on Friday evening with the mother, in her own roomit was then in bed wrapped up in flannelit was sickly and poorlythe mother seemed very wellI was called about twelve o'clock the next day; the child was then in bed, nearly deadit had no marks of violencethe mother was not thereI never saw her come there again.
MARY BURDEN re-examined. Q. Did the mother return after the Saturday to your house? A. No, nevershe owed 1l. 15s. for lodgings, which was due the day the child died.
JAMES CARTER . I am a surgeon, and live in Upper Dorset-street, Marylebone. I was sent for to see this childI consider, it died of convulsions occasioned by a slow inflammation of the lungs, occasioned by a cold or want of food, and other thingsI examined it before the Coroner, and I found the left lung inflamed, sufficient to account for convulsions, without starvationit may have died from convulsions, from inflammation, or from starvationthe stomach having been empty so long, the gastric juice would produce itI cannot positively say what it arose from.
NOT GUILTY .
Reference Number: t18370403-1113
1113. MARTHA TAYLOR was indicted for stealing, on the 27th of March, 1 cloak, value 6s., the goods of James Furlong, from the person of Mary Ann Furlong; and that she had been before convicted of felony.
MARY ANN FURLONG . I am seven years and three months old. 1 bow what will become of me if I do not tell the truthI was going on an errand for my mother in Pitfleld-street, and met the prisonershe asked me to show her Old-streetshe coaxed me on, till the got me on to Old-street, and then she got me up to Chequer-alley, where she took me into a privy and took my cloak off, and said I was to wait thereshe went up stairs, and said she would be down in a minute with a little boy, wrapped up in itI cried, some women came in, and I asked them to show me White
Cross-street, and they didI thought they were going to serve me as the other woman did, and I ran away, and got homethe prisoner is the woman that took me into the privyI am sure of itI had on a green merino cloak, like the one I have on now.
SARAH FURLONG . I am the wife of James Furlong, a tailor. I am the mother of this little girlon the 27th of March, I sent her to Pitfield-streetshe had on a green merino cloak at half-past five o'clock, when she went out, and she came beck without it, and every thing torn offshe told me this storythe prisoner was taken up on the Wednesday following.
MARY ANN KENNEDY . I was going to the privy, and saw the little girl sitting on the little privyshe wanted White Cross-streetshe had no cloak onshe was crying, and was very much frightened, and all in a trembleI took her out of the passage, and opened the door for herI do not know the prisoner.
FRANCES LAWSON . I saw the little girl outsideshe was all in a trembleI showed her the way to White Cross-street.
JOHN FURNISS (police-constable G 117.) I took the prisoner in charge on the 30th of Marchshe asked what I wanted her forI said, "For stealing from a child"she said she knew nothing at all about it. Prisoner. I never saw the childwhen I was taken to Hatton-garden on another charge, the mother said, "That is the woman, my dear, that took your cloak," and Mr. Waddington said, "You ought not to tell the child, let her say it herself. "Witness. No he did notthe child made the observation, directly she saw her, "That is the woman, mother."
MARY ANN FURLONG re-examined. The first time I saw this woman after Monday, was on Wednesday, at Hatton-gardenno one pointed her outI said, "That is her"I knew her in a minute.
CHARLES PALMER (police-constable C 17.) I produce a certificate of the prisoner's former conviction from Mr. Clarke's office (read)the prisoner is the person.
GUILTY . Aged 30. Transported for Fourteen Years.
Reference Number: t18370403-1114
1114. MARTHA TAYLOR was again indicted for stealing, on the 29th of March, 1 frock, value 2s. 6d.; 1 pair of boots, value 2s. 6d.; and 1 pinafore, value 1s.; the goods of John Joseph Sheppard, from the person of Ann Sheppard.
MARGARET SHEPPARD . I am the wife of John Joseph Sheppard, of Gray's Inn-lane. On the 29th of March I sent my little girl, Ann, out to playI received information, and went outI found my child with nothing on but her flannel petticoather frock, pinafore, and pair of boots were goneshe is five years and a-half oldthese are the boots and pinafore.
ANN SHEPPARD . I know what will become of me if I do not tell the truthI went out to play on WednesdayI had a frock, and pinafore, and bootsI went down Gray's Inn-lanea woman came and took me up Gray's Inn-lane into a privy, and undressed me, and gave the clothes to her childrenshe left meit was the prisoner.
JOHN FURNISS (police-constable G 117.) I found these shoes at Henry Davis's, who keeps a shoe-shop in Field-lane.
HENRY DAVIS . The prisoner came to my shop on Wednesday, the 29th, with these shoes, and said, "Do you buy these?"I said, "Yes, and bought them and this pinafore, for 3d.
Prisoner. I was going down to my husband on Wednesday mooringI gave a woman 1s. for them, and sold them for 1s. 3d.
GUILTY . Aged 30.
Reference Number: t18370403-1115
1115. ELIZA TITMOUSE was indicted for stealing, on the 23rd of March, 3 sovereigns, 4 half-crowns, 8 shillings, and 4 sixpences; the monies of John Osborn, from his person: and JAMES PARSONS for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. JONES conducted the Prosecution.
JOHN OSBORN . I live with my father, who is a hay and straw-jobber, and lives near Ilford. I was at the Bell and Mackerel, Mile-end-road, on the 23rd of MarchI saw Titmouse thereshe beckoned me across the yard, and went with her into the stableI gave her a shilling, which I took from out of my purseI had 4l.three sovereigns, four half-crowns, and the Test in shillings and sixpencesabout ten minutes after, she said, "Jack, you have dropped some money"I then put my hand into my pocket, and missed my purseI had screwed it up, and put it into my side pocketshe tumbled about the straw, and gave me a shilling, and then she got up from her knees, and ran to ParsonsI followed her, and said I should not leave her till I had my moneyParsons knocked me aboutI never saw my purse afterwardsall she gave me was the shilling.
Cross-examined by MR. BALLANTINE. Q. I suppose you knew her before? A. Yesthe money I had was for a load of haythe boy Brown was outside the Bell and MackerelI saw Parsons smoking his pipe, about three o'clock, in company with her, in doorsthey were sitting together, and asked me to drink out of a pot of beerI should think it was about five o'clock when I went with her to the stableI had been drinking with them from three to five o'clockI left Parsons in the taproomI was tumbling about in the strawif the purse had tumbled out, the money never couldthe purse could not have tumbled out, as I had it in my side pocket after I gave her the shillingI laid down after I gave her the shilling.
MR. JONES. Q. Did you give her the shilling as soon as you went into the stable? A. I had nothing to do with her before I gave her the shillingI have got the pursethis is it, and ray hay, note, and allI screwed it upa man of the name of Sheldon looked into the straw, and found the purse afterwards.
CHARLES BROWN . I live at Woodford-bridge. I was at the Bell and Mackerel, and saw Parsons outside, and Titmouse was thereI cannot say what o'clock it wasit was after dinnerI did not see Osborn go into the stable, nor see Parsons have any conversation with TitmouseI saw them togetherthey had beer and gin togetherI saw Titmouse give something to Parsons like silverOsborn was sitting outside; and a little after I beard him ask Parsons for his money, and he began to knock him about.
Cross-examined. Q. How old are you? A. Above thirteenit was getting dark when I saw this moneyit was not darkI saw them talking, but I did not hear them.
GEORGE SHELDON . I am a labourer, lodging at the Bell and Mackerel. I was there last Saturday fortnightI met Osborn and them coming up towards the station-houseI searched the stables the next morningI found the purse with the hay-note in itthe hay sold for 4l. 5s.no money was found.
Cross-examined. Q. There is no string to the purse? A. No
DANIEL COCKERELL . Sheldon gate me this purse on the Sunday morning: it had only this hay-note in it.
GEORGE NORMAN . I am pot-boy at the Bell and Mackerel. I saw the prisoners and Osborn thereParsons held up a sixpence between his finger and thumb, and said, "This is the last sixpence I have got, and I will have some gin with it"Titmouse was sitting in the tap-room with different persons, but I did not know them.
Cross-examined. Q. What time was this? A. Between four and five o'clock in the afternoon.
RICHARD MEADOWCROFT (police-sergeant K 26.) On the 23rd of March, at seven o'clock, I saw Osborn with blood on his facehe said something, and I took the two prisonersI found on Parsons 1l. in silverthere was more than one half-crownhe resisted very much.
Titmouse. He was watching Parsons out, and every time he went, be gave me halfpence to go to the barI went backwardshe came out and took me into the stable, and I heard some money fall, and said, "Have you dropped any money?"he said he was sure he had nothe thrust a shilling into my handI came down the yard and saw Parsons, and gave him the shillingI said that Osborn gave it me to drink, and be up with his list and struck meI lived with Osborn's brother some time, and he was always after me.
SAMUEL JOHN HAM . I am an inspector of police. Last Saturday fortnight the prisoners were brought to the stationMeadowcroft handed me six half-crowns, five shillings, two boxes, and this paper doll, but no sixpence nor goldTitmouse was taken up stairs to be searched by a femalethey came down, and the woman said she found only half-a-crown and 3s. on her.
JOHN OSBORN re-examined. When I came out of the stable I first saw Parsons outside the Bell and Mackerelafter he knocked me about, the policeman took himabout a quarter of an hour elapsed from my asking him for the money and his being takenI do not know where he was daring that timewe left him in the Bell and Mackerel.
NOT GUILTY .
Reference Number: t18370403-1116
1116. CATHERINE DALTON was indicted for stealing, on the 7th of April, 13 shillings, and 1 sixpence; the monies of Charles James Goodman, from his person; and ELIZA PESTALL was indicted for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
CHARLES JAMS GOODMAN . I live in Robert's-buildings, Pimlico. I am in the employ of Palmer and Jay, of Hungerford Market, fishmongersI act Dalton in Tottenham-street on the 7th of AprilI am sure she is the womanI had 13s. 6d. in my waistcoat pocket, in a small bagI went with her, and missed my money afterwards, but the bag was placed in the same pocket as it was beforeI bad had something to drink, but was not the worse for liquorI charged her with taking itshe said she knew nothing about ita policeman was close by, and I gave her in chargeI had one shilling with a lion on one side, and a notch over the head on the otherI had given her 1s.she left me to go to the water-closet, and gave me the shilling back till she came back, and then she said she would not stay without I gave her another shillingI then felt and missed my money.
Cross-examined by MR. BALLANTINE. Q. When did you first mention about the shilling with the notch? A. When I was at the station-houseI had seen it the same eveningI went to the Hungerford Arms and I
gave the landlord the shillinghe returned it again to me, and noticed this mark on itI then deposited it in my bag, about eight o'clockI met Dalton about half-past twelve o'clockI had no more money but the 13s. 6d. in the bagI had no more but a little that I kept out for other purposesI had 1s. 6d. in my pocket when I got to the station-house.
RICHARD COLLIER (police-constable B 110.) The prosecutor gave charge of DaltonI had seen her with Pestall about fire minutes before, in the Almonry, and then I asked Dalton if she had got any money, she said the bad notI said, "You have given it to Eliza Pestall"she said she had notI took Pestall, and found 10s. 6d. loose in her bosomthe prosecutor said there was one shilling with a lion on and a notchthis is the shilling.
NOT GUILTY .
Reference Number: t18370403-1117
1117. LOUISA MACINTOSH was indicted for stealing, on the 5th of April, 1 cloak, value 4s., and 1 shawl, value 1s.; the goods of Daniel Ward.
REBECCA WARD . I am the wife of Daniel Ward. I found the prisoner sitting on the bottom stair in my passageI asked what she wantedshe said the was waiting for her sisterI returned to my back room, pulled off my cloak and shawl, and laid them downI then went into another room, ad missed her and my thingsmy husband went one way and I went anotherI found her with the things on her, near Battle-bridge, looking into a baker's window, and gave her in charge.
Prisoner. A woman gave it me to bold, and Mrs. Ward came and teased me of taking it.
GUILTY .Aged 30.
Reference Number: t18370403-1118
1118. LOUISA MACINTOSH was again indicted for stealing, on the 4th of April, 1 coat, value 15s., the goods of James William Garman.
MARY ANN GARMAN . I am the wife of Janes William Garman, of Brewer-street, Camaden-town. I had a coal of my husband's on the landing-place at seven o'clock in the evening, on the 4th of April, and missed it.
JOHN PAGE (police-constable E 61.) I took the prisoner on Wednesday lift, and found this coat upon her, about half-past seven o'clock.
Prisoner. My brother-in-law came from Deptford the same morning, and brought the coat.
GUILTY . Aged 30. Transported for Seven Years.
Reference Number: t18370403-1119
1119. WILLIAM LUNN was indicted for embezzlement.
MARY ANN FRAMPTON . I am the wife of Jonathan Frampton, and am a laundress living in Marylebone. I employed the prisoner for about three monthsI sent him to Lower Berkeley-streethe was to receive 1l. therehe has not paid it me.
CAROLINE BARNES . I live in Lower Berkeley-street, Portman-square. Mrs. Frampton washes for meI paid the prisoner on the 3rd of April 1l. for her.
Prisoner. There were a few things that I wanted for myself and in a few days it would have been in my power to have made It up.
GUILTY . Aged 36. Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-1120
1120. JANE CLARKE was indicted for stealing, on the 11th of March, sheet, value 2s.; 5 handkerchiefs, value 2s.; 4 aprons, value 3s.; 6 napkins, value 3s.; 1 nightcap, value 6d.; 1 towel, value 1s.; 1 pillow-case, value 1s. 6d. and 4 pinafores, value 4s.; the goods of Eleanor Kent, from the person of Mary Kent.
ELEANOR KENT . I am a widow, and live in Fox-court, Clerkenwell. On the 11th of March, I delivered my daughter Mary these things-I had mangled them, and sent them home again.
MARY KENT . I am ten years old. My mother gave me these clothes to take to Mr. NichollsI was going on, and the prisoner stopped meshe asked me to go down the court, and to ask for Mrs. Smith, to tell her to bring her the half-crown and the basket off the tableI went down the courtthere was no such person thereI had a bundleshe told me to let her hold it, and when I came back, she and the bundle were gonethis was on SaturdayI saw her next on Wednesday, at Clerkenwell-greenI knew her immediatelyI told Mrs. Langley, and had her taken up.
Prisoner. The mother of the girl stopped me, and said, "You must be the woman, because you have got a red shawl on."Witness. I knew her by her face.
MARY LANGLEY . I am the wife of George Langley. On Wednesday, the 5th of March, I was on Clerkenwell-green with the little girl, when all on a sudden she said there was the woman who stole her mother's clothesI said I would watch the prisoner till she went and got her motherI watched her till she got to Mutton-hill, and then the mother came, and 1 pointed out the prisoner to her.
ELEANOR KENT re-examined I was present when the prisoner was pointed outI asked if she knew my little girlshe made some stop and said, "No"I asked where she livedshe said, "No. 12, Steward's-rents, Clerkenwell-green," and I went therethere was but six houses there.
THOMAS LOWE (police-constable G 84.) I asked the prisoner where she lived, and she said, "No. 12, Steward's-rents," and then she said in Lamb's-courtbut she gave two or three different accounts.
(The prisoner received a good character.)
GUILTY . Aged 28. Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-1121
1121. ALFRED BURNETT was indicted for stealing, on the 1st of April, 91bs. weight of lead-pipe, value 5s. 6d., and 1 metal cock, value 1s. 6d.; the goods of John Barling Loudon, and fixed to a certain building; against the Statute, &c.
ELIZABETH EDWARDS . I am the wife of John Edwards, of White's-buildings, Golden-lane. At half-past six o'clock in the morning, on the 1st of April, I was at my window?I saw the prisoner in the act of breaking off the pipe of Mr. Loudon's house, No. 62, Golden-squareI gave information, and my husband took him to the station-house with the lead and cock.
HENRY THURSTON (police-sergeant G 55.) I was called, and took the prisonera man named Edwards brought him to the station-house with the lead, and gave charge of him.
JOHN BARLING LOUDON . I lost this lead from my houseI know it is mine.
Prisoner. I was standing just by the prosecutor's house, and saw a man go in and come outI went in and saw this lead in the passagethe witness's husband came and collared me.
GUILTY . Aged 18. Confined Three Months; Three Weeks Solitary.
Reference Number: t18370403-1122
1122. WILLIAM HARRINGTON was indicted for stealing, on the 4th of April, 1 pair of boots, value 10s., the goods of John Scrase.
JOSHUA VENABLES . I am errand-boy to Mr. John Scrase, a shoemaker at Hackney. The prisoner came into the shop on the 4th of April, and took away a pair of bootsI ran after him, and the policeman caught himthese are the boots.
RICHARD MILLIN . I live in Redcross-street. I heard a cry of "Stop thiefI saw the prisoner running, and saw him drop this pair of boots, which I gave to the officer.
JAMES ISLIP (police-constable N 105.) Richard Millin gave these boots to me.
(The prisoner pleaded poverty.)
GUILTY . Aged 44. Confined One Month.
Reference Number: t18370403-1123
1123. WILLIAM WHITE was indicted for stealing, on the 31st of March, 6 yards of floor-cloth, value 10s., the goods of William Wells.
ANN WILLS . I live in Hackney-road-crescent, and am the wife of William Wells. The policeman came on the 31st of March, and gave me informationI had lost six yards of floor-cloth, which I had seen safe between six and seven o'clock that eveningthis is it.
GEORGE KEMP (police-constable N 82.) I was on duty between six and seven o'clock, in the Hackney-road, on the 31st of MarchI saw the prisoner with this floor cloth on him, and took him into custody.
GUILTY . Aged 28. Confined One Month.
Sixth Jury, before Mr. Sergeant Arabin.
Reference Number: t18370403-1124
1124. WILLIAM HEATH was indicted for obtaining money by false pretences; to which he pleaded
GUILTY . Aged 69. Transported for Seven years.
(The prisoner also pleaded guilty to two other similar charges.)
Reference Number: t18370403-1125
1125. ROBERT WILLIAM MEAD was indicted for perjury.
(No evidence.)
NOT GUILTY .
Reference Number: t18370403-1126
1126. HARRIET HARRIS was indicted for a misdemeanor.
THOMAS TREVILLIAN . I am a furniture broker, and live in Old-street. I had known the prisoner sometimeshe came on the 17th of March, and said her father had sent her for a caddyI knew her father well, as a customerhis name is Abraham Ayres, of Bartholomew-close, near Smithfieldshe said if it did not suit her father, she would bring it back in an hourshe asked the priceI told her 25s., and she said, "If I should not bring it back to-night, you may expect my father will keep it."
CHARLES WILLIAMS . I am a shopman to John Walter, a pawnbroker in Goswell-road. This caddy was pawned by a female, in the name of Harriet Leath, Bartholomew-close, on the 15th of March.
JOHN DROVER . I am a policeman. I took the prisonerthe duplicate was given up to the sergeant in my presence.
ABRAHAM AYRES . The prisoner is my daugher-in-lawI did not send her to Mr. Trevillian's in March last for a tea-caddy.
(The prisoner received a good character.)
GUILTY . Aged 18.See page 935.
OLD COURT.Wednesday April 12th, 1837.
Fourth Jury, before Mr. Recorder.
Reference Number: t18370403-1127
1127. GEORGE DANIEL was indicted for a misdemeanor.
NOT GUILTY .
Reference Number: t18370403-1128
1128. WILLIAM FEATHERSTONE was indicted for an indecent assault.
GUILTY . Fined£10; and Confined Twelve Months.
Reference Number: t18370403-1129
1129. RICHARD JACKSON was indicted for a like offence.
GUILTY . Confined Two Years.
Reference Number: t18370403-1130
1130. WILLIAM LEGASSICK was indicted for willful and corrupt perjury.
MESSRS. JONES and BALLANTINE conducted the Prosecution.
GEORGE CRANE . I produce a copy of the record of the conviction of William Spicer, from the Sessions-house, ClerkenwellI compared it with the original, and it is a correct copy.
Cross-examined by MR. PAYNE. Q. Was the record made on parch ment at the time you examined it? A. It was, the second time I examined it, which was since the sentence was passed.
ABRAHAM BOOTH . I am a reporter. On the 24th of February I was at Clerkenwell Sessions-house, when William Spicer was tried for an assaultI took notes of the proceedings, which I have herethe prisoner gave evidence on that occasionhe was sworn by the clerk of the Court, I presume, but I cannot say(reads)"William Legassick, cabinet toymaker, residing in Great Earl-streeton the 28th of December was passing by St. Andrew's-streetheard the screams of a femalewas surprised to see Mrs. Ivory turned out by Mr. Spicerhe pushed her on the back, and threw her over the curb, into the kennelhimself and another person picked her up."
Cross-examined by MR. PAYNE. Q. Did you attend the whole of the trial? A. YesI took part of it in short-handMr. Phillips addressed the Jury for Mr. Spicer, and the witnesses called for him were Robert Hornsby, police-constable F 83; James Hamilton, a waiter to Mr. Spicer; Richard Thomas Pendry; William Robert Bigg; and William Charles Davisno person named Thomas Jackson was called while I was in Courtthe Chairman summed up the case, and the Jury found him GuiltyI was not there when judgment was given.
WILLIAM SPICER . I am the prosecutor of this indictmentI keep the Two Brewers, in Little St. Andrew's-street, Seven DialsI have been a publican twenty-two years. On the 28th of December I had been at home the whole day, and for a fortnight before, as I was very illabout twenty minutes before twelve o'clock that night, as I was reading the newspaper in the bar parlour, I heard a strange noise in my house, and Mrs. Ivory rushed in, and ran through the shop, into our parlourshe tried the door at the bottom of the stairs, and Mrs. Spicer, who was in the bar, said, "Your husband is not here"she replied, "You are a dd liar"she then went against the street door, and opened the half-door to go out, and when she got her back against the door, she turned round, and abused me
in very bad languageI was inside the bar, standing at the beer-enginethere is a door to the bar, which was shutthere was no means of my getting to the street door without opening the bar doorI told her if she did not go away I would call in the police, and take her awayshe looked round and saw Hornsby, the policeman, standing on the pavement, close to the doorone of the doors were openher back came against the doorwhen she saw the policeman she walked awayHornsby was quite near enough to hear and see me all the timeI had not gone out of my bar at all at that timeI was not within striking distance of the woman at any part of the timeI was never within ten feet of her, at least a long distanceI never touched her in my life, not even her clothesI did not push her on the back, nor throw her downI did not see her fall over the curbI saw her fall when her husband knocked her down in the shopthat was when she came back the second time, about ten minutes after the policeman had driven her up the streetshe had gone to another public-housewhen she was nearly up the street, I looked out at the door, and there was not a soul in the street but the policeman and herin about ten minutes her husband and brother came into my house, and a few minutes afterwards she came backshe began to abuse her husband, and he knocked her down, with his left hand, in her eyeI never saw the prisoner near my house that eveningI never saw him at all, to my knowledge, till he was in custodyI saw him at the CourtI am quite positive he was not in front of my house when Mrs. Ivory left itthere was not a soul in the street but the policeman and her, for I looked out at the door to seewhen her husband knocked her down, she did not (all backwards, but all in a heapshe put her hand to her eye, and said to him, "You shall suffer for this; I will give you a month for this, as I have done before"she and her husband, and brother, left the house togetherI told them to go and settle their quarrels at home, and they all wentPendry was the last man in my house, and I shut it upI swear I never touched her at all.
Cross-examined by MR. PAYNE. Q. Was her husband a pretty constant customer at your house? A. No, only by chance, as any body elseI do not know whether he had been there that nightI was at home, but was very ill all day, and did not come down stairs till the eveningHornsby was examined for me at ClerkenwellI cannot tell how often Ivory was at my house the week beforeI was ill in bed for a fortnighthe was not in the habit of coming to play cards there, to my knowledgeI do not suffer cards to be played if I know ithe was in the habit of coming therehe has come there drunk, and his wife is very fond of gin and noyeaushe has been there several times since thisI was taken before the Magistrate by a warrant, and held to bail on her evidenceI took my pot-boy there to be examined, but he was not, for Mrs. Ivory took and turned him round, and said, "Didn't I give you a glass of rum to say nothing about it"that was in the presence of the Magistrate, and after that, he bound her overhe heard itthe parties made such confusion, I do not know whether the Magistrate heard it at all.
Q. Did you tell the magistrate of it? A. The Magistrate would not hear meI said, "It is false, your Worship, what she has said," and she had a very black eyepersons Were not in the habit of playing cards in my house, to my knowledgeI would not allow itMrs. Ivory did not say to me, "You ought to be satisfied with my husband spending his time and money at your house, without treating me in this manner"I did not persuade her husband to obtain a warrant against herI did not know he
had obtained one against herI did not give him 5s. to take out a warrant against hera vile set, they wanted to rob me of money, and threatened to take my licence awaybefore we went into Bow-street they said, if I would come out and stand something, they would not go in to the Magistrate at alla man named Daley came out with that message from her to methe Chairman at the Sessions did not tell me he should respite the judgment in order that I might make a compensation to the womanthat I swearthere are folding doors to my housethere is not a fine lamp over it.
MR. JONES. Q. Have you paid a fine of 30l. for this? A. I have we made application to the Court to respite the sentence until this cue was tried.
MR. PAYNE. Q. You Say you never saw this man before; did you keep a house in Tower-street? A. Twenty yearsI never saw him, not to know himI never heard his name in my lifeMr. Sergeant Adams said he would not have his Court interfered with, he would pass the sentencehe did not say I ought not to have preferred my indictment until I bad paid the fine.
ANN SPICER . I am the prosecutor's wife. On the 28th of December last, my husband was very ill, and was not up till after he took tea in the eveninga little before twelve o'clock that night, Mrs. Ivory came in to look after her husbandI told her there was no company there, and the house was clearshe called me a dliarmy husband had not left the bar-parlour at that timesome further conversation took place between Mrs. Ivory and me, and my husband came to the bar by my sideMrs. Ivory had then walked from the bar, and tried the door, and come back again to the front of the barthe bar door wan closed and boltedshe abused Mr. Spicer very grossly and took a pack of cards out of her pocket, and said she would ruin Mr. Spicer with thoseMr. Spicer said be would fetch a policeman, and I saw one through the half-door, which was open, and I said, "Don't go."
Q. Did your husband push her out of the door? A. He never left the bar, I will take my oathI saw her and him during the whole transactionhe did not lay his hand on her at allhe was four or five yards from herI saw her go outI unfastened the door and followed her to the doorduring the whole of that time my husband did not touch hershe did not fall at allher husband afterwards came in, and she came in herself about ten minutes aftermy husband was in the bar along with meshe came to the rail of the back part of the shop, where her husband and brother were standingmy husband never left the barshe left the house ii about a quarter of an hourI had my eye on her during that timemy husband did not lay hands on her, nor touch her in the leastI saw them go out the second timeshe did not tumble outshe went out quite comfortablynobody picked her upthere was nobody in the street at all.
Cross-examined. Q. Your husband had been poorly all day, so you advised him not to go out of the bar at all? A. Yesand he attended to my advicethere is a door which leads to a superior sort of roomwe have an Oil and Colour Society meet there, and other clubs meet there for charity, to relieve each otherMrs. Ivory was trying to listen at the door, but it had not been unlocked that dayI asked her what she wanted, before I said her husband was not thereI knew her beforeshe had occasionally been there to seek for her husbandI never heard her complain of his drinking therethe first time she came was about twenty minutes before twelve o'clock, I supposeI did not sec that her husband
was tipsy when he came-the policeman was not at the door at the time he knocked his wife down-it was done so momentarily-we never had such a scene before in the house-we sell spirits over the counter, but it is an old-fashioned public-housethere is a tap-roomthere is a gas-lamp over the door-it is not the large house in Seven-dials-we sell all our things dearer than they do.
JAMBS HAMILTON . I am pot-boy at the Two Brewers; it is a public-house. On the 28th of December I saw Mrs. Ivory at our house, about a quarter before twelve o'clockI saw her the whole time she was there, and saw her leave-Mr. Spicer did not touch her, nor lay his hands on her at allshe walked awayI saw her the second time, and saw her leave-Mr. Spicer did not touch her the whole time she was thereI saw her go into the street-the prisoner was not thereI should have seen him if he had been there-Mr. Spicer did not touch her at allshe felt when her husband struck her in the eye, and rolled against the tap-room door-that was before she left the houseshe did not tumble at all when she left the houseshe was not pushed on the back by Mr. Spacershe was not thrown over the curb into the kennel-the was not picked up by the prisoner.
Cross-examined. Q. Did you go before the Magistrate? A. I did, and was examinedI gave evidence-Mrs. Ivory gave me a glass of rum to say nothing about it, the morning after-not to say that she was knocked down at all-not to say that I knew any thing about the affair at allshe gave me the glass of rum at the Tower, in Tower streetI was examined before the Magistrate-if any one has said 1 was not, it is not true-Mrs. Ivory told the Magistrate I had had a glass of rumshe said, "You know I gave you a glass of rum not to sty any thing about it "-and she fell down on her knees before the Magistratehe saw her on her knees, and heard what she saidI was to say I knew nothing about the transaction at all-the gave me the rum to say I never saw Mr. Spicer touch herI saw Mrs. Ivory next day with a woman, I do not know her nameI did not say I was sorry to see my master strike her as he did lost nightI swear that-not at any time I did not say it was not the first time master had denied her husband, when he had been playing at cardsI said he denied him ever playing at cards, because he does not suffer cards to be playedI did not tell her it was not the first time roaster had denied his being in the house when he was there, nor any thing to that effectI did not follow her and tell her how to obtain admission up stairs to her husband when he was there.
Q. Did your master behave with great violence at Bow-street, and strike the table, and did the Magistrate threaten to commit him if he behaved so disorderly? A. No, I did not see any thing of that-my master sever called me a scoundrel for telling the prosecutrix how to get up stairs-people were not in the habit of playing cards at our house, it is never allowedthey must bring cards there, if there it any.
COURT. Q. How came you to take the glass of rum? A. Because she asked meshe met me, and said, "Here is a terrible eye my husband has given me," and I said, "Yes it is."
MR. PAYNE. Q. You had seen the husband give her the black eye? A. Yes; she said, "Your master knocked me outside the door into the kennel "I said, "No, he did not; for I was standing by all the time"she then said, "You come and have a glass of rum, and don't say any thing about that at all." MR. BALLANTINE. Q. Had you seen her husband beat her? A.
Yes; the Magistrate was on the bench when the conversation took place between Mrs. Ivory and meI was examined before Mr. Minshull, at the police-office.
ROBERT HORNSBY . I am a policeman. I was on duty on the 28th of December, in Little St. Andrew-street, Seven-dials, and about twelve o'clock I was close to Mr. Spicer'swhile there, I saw Mrs. Ivory standing by the folding doors, one of which was openthat enabled me to see into the barI was standing on the pavement, opposite the door, on the same fide of the wayI saw Mr. Spicer standing inside the barI did not see Mrs. SpicerI heard some conversation between Mrs. Ivory and Mr. Spicer, and soon after that she left the houseI saw her leavethere was a disturbance, and I endeavoured to get her away from the house after she came outI saw her leave, and till she got a distance from the house, she did not fell on the curb or pavement, nor fall at all in my presenceif Mr. Spicer had struck her when she was in the house I should have seen ithe did not strike her at all I am quite positiveI did not attempt to remove her by pushing her, but by persuasionI did not touch her at allthere was nobody there but her and meI am sure nobody touched her on leaving the houseshe did not fallthere was no other person near the door at the timethe prisoner was not there, I am positiveI might or might not have seen him that evening, for I did not know himI cannot say whether he was there previously, but when Mrs. Ivory left the house there was no person thereshe did not make any complaint of any one having pushed or touched her.
Cross-examined. Q. Did you go before Mr. Minshull at Bow-street, when Mr. Spicer was taken there? A. I didand he heard what I had to sayhe sent Mr. Spicer for trialI was examined at Clerkenwell, and gave the same evidence I have to-daythe Jury found him guiltyI did not go into Mr. Spicer's to have something to drink before I went to ClerkenwellI was there the night before, and the Chairman said it was improper for a policeman going into a house, knowing he was coming thereI can explain what I went forI have been in the police eight or nine monthsI was not called in by Mr. Spicer when Mrs. Ivory's husband gave her the black eyeI was called in to turn her out when I first came there, but I did not turn her outI did not go insideI did not touch her or speak to herI told Mr. Spicer I was not justified in coming into a public-house to interferewhether she had been turned out and got in again before I came there, I do not knowit takes me about twelve minutes to go round my beat.
THOMAS PEN DRY . On the 28th of December, about twelve o'clock at night, I was at the Two BrewersMrs. Ivory was not there when I went in, and no customers, but Mr. and Mrs. Spicer and the pot-boyMr. Ivory and his brother came in first, and Mrs. Ivory in about two minutesI observed her face, and she had no black eye thenI saw her go outI saw Mr. Spicer all the time she was therehe was standing by the beer-engine the whole time, inside his barhe did not touch her at allhe was not outside the barhe did not push her on the back, nor throw her downshe was not thrown into the street at all in my presenceI must have seen it if she had beenthis was the second time she came inI did not see her the first timeher husband hit her in the right eye with his left hand, and turned round to me, and said, "Dme, Pendry, I have given her a stingerhis brother and James Hamilton and I were present thenthere were four menneither of us interfered, as it was
man and wifeshe staggered back, but did not fall with the blowI believe she had been abusing himI heard her abuse him and Mr. Spicerthey quarrelled before he gave her the blow-her eye turned very dark from the blow-it turned redI was the last person that went outI think the two men went out first, Mrs. Ivory second, the pot-boy followed her, and I next-we all went out, and Mr. Spicer closed the doorhe did not touch her at allI was between her and him, and close to her.
Cross-examined. Q. What are you? A. A tailorI am a masterI have been to Mr. Spicer's house beforeI never lodged thereI have net Ivory there twenty times, it may be more or lessI have seen him there once or twice since this happened; since the wife took the warrant outhe is not friends with Spicer, but he came in there, and went into the parlour with other companyhe did not appear the worse for liquor that night-nobody interfered when he knocked his wife down-no policeman was called for, while I was there-Mr. Ivory was there before his wife came in, and he had called for a quartern of ginI understood from his conversation, that his wife had hunted him from the Grapesshe had been after himI cannot tell whether he is a drunken fellow, and in the habit of staying out at nightI don't know that I have often seen him late at sight at public-housesI have seen him at public-houses at ten or eleven o'clock, or sometimes laterI never played at cards with himI never aw him play that I know ofI cannot say whether I have or notI sever knew his wife till that night.
MR. BALLANTINE. Q. Do you happen to know whether Ivory and his wife are living together at the present moment? A. I do not knowI cannot say whether Mrs. Ivory was drunk or sobershe might be a little fresh, but I cannot pretend to swear whether she was or not. MR. JONES, Q. How long was she in your company that night? A. Not above ten minutes or a quarter of an hourshe did not drink with her husband-her husband and I and her husband's brother drank.
FEANCIS ASSIOTTI . I reside in Castle-street, Long-acre. I was formerly a schoolmaster, but am no particular business nowI called on the prisoner the latter end of February last, in Tower-street, Seven-dials, and taw him, and also a woman who passed as his wifeI understand she now goes by the name of Elizabeth Wood-the prisoner informed me that in consequence of a dispute which Mr. Spicer had, and his wife was witness to, relative to Mrs. Ivory, his wife was going as a witness against Mr. Spicer-upon which I asked him if he had any thing to do with the business himselfhe stated to me, that he knew nothing what ever concerning it-no more passed thenI called on him again a few days after, at Mrs. Ivory's, I believe, in Great Earl-street-it was a broker's-shop, next door to the Bunch of Grapes-the prisoner then stated, that his wife the following morning was going on the trial of Mr. Spicer and Ivory, and that Mrs. Ivory was to lend her clothes to go in, as she was destitute of themI again asked him the same question, whether he had any thing to do with it, as, being in poverty, he would have to receive the expenses; and he informed me he had nothing to do with the transactionI saw him again a few days after, and he told me he had got himself into a great deal of trouble, and expected to be taken up for perjury.
Cross-examined. Q. What school were you formerly master of? A. The National School of St. Martin'sI lost that situation in consequence of being arrested for debt. Q. Were you not discharged, for keeping back money which you received.
and ought to have paid? A. I was robbed of it, by the nurse who attended my wifeI did not lose the situation for that, but for being arrested, and was not out of confinement in time to retain the situationMr. Archdetcon Pott wrote a letter to Miss. Vansittart, to recommend me to another situationI was in prison six or eight weeksI did not employ any one to do my dutyI was taken at a moment's warningI was not discharged for keeping moneythey appointed another person to my situation while I was in custodythe prisoner was an evening scholarI was not discharged for dishonestyI have been getting my living since in various ways.
Q. Have you not been going about to various places with begging letters? A. I have written letters to apply for relief, and have always written the truthI have not completely got my living in that wayI have had a wife ten years ill, and had to support herwhen I came out of prison, I did not ask them to reinstate me in my situation, as another person had been appointedI have been in St. Martin's workhouseit was in February I called upon the prisoner, and he informed me he was not connected with the transaction at allI cannot inform you how many letters I have writtenI do not think I have written so many as a hundredI cannot bring the names of the parties I have written to, to my recollectionI was nerer taken up by the officers of the Mendicity SocietyI was never before a Magistrate for sending begging lettersI did not suggest to the prisoner, that at he was a poor man he might get his expensesI certainly stated, that if he knew any thing of the circumstanceof course if a witness comes up here with truth and sincerity, he will be paid his expenses.
MR. JONES. Q. Were you ever in custody in your life, on any charge of dishonesty? A. NeverI was upwards of twelve months at St. Martin's schoolwhen I came from prison, I found the situation suppliedit was after that, that Archdeacon Pott gave me a letterI am 49 years oldin my applications for assistance, I have never stated anything but my true situationI have had my case examineI was robbed of the money by my wife's nurse, and that was the reason I was deficient, but a portion of it was deducted from my quarter's pay which was due.
MR. PAYNE. Q. Did you apply to the prisoner to be employed to as sist him in his defence? A. Never, that I swearI never applied to any other person to be employed in it.
COURT. Q. What was your profession originally? A. An officer in the armyI never was in the churchI was a captain in the 27th regiment and was at the taking of Martinique, and was wounded in two placesI lost£10, 000 in 1809, from shipwreck, and in every way have endeavoured to get a livelihood, in the humblest way possibleit is from no sinister views I come forward, but having mentioned the circumstance, I was subpoenaed.
JOSEPH SHACKELL . I am an officer of Bow-street. I took the prisoner into custodyI asked him no questions myself, but he asked roe bow many warrants I had gotwhether I had any against any body besides him selfI said no, I had not, and in going to the office, he said, "1 know what they are going to prove, that I was drunk, and at a public-house; but I was not drunk, if I was at a public-house, for I never was drunk in my life"I had told him the charge, and that he would have to get bail.
FRANCIS ASSIOTTI re-examined. Q. In what year were you at the taking of Martinique? A. About 1808General Beckworth commandedthe Bootle of Liverpool was the ship I lost my property init consisted of merchandiseI was a captain in 1808I was about nineteen years old
then, or twentyI entered the army in 1803I cannot exactly say when I was bornI am taken unawaresI was fifteen years of age when I entered the armymy father was a major general, and my brother was in the army.
Q. What kind of merchandise, to amount to 10, 000l., had you in the ship? A. Sugars, spices, coffee, and various thingsthey were consigned to Liverpool, from BarbadoesAstel and Wells were the consignorsJones and Jackson, at Barbadoes, were the consigneespardon me, it was Langton and Manleythe ship was lost in a heavy gale of windshe went downwe were obliged to enter the long-boat, and were taken in at Liverpoolthat was in 1810I was not then in the armyI quitted it in consequence of the yellow fever at Guadaloupe, and General Beckworth not giving me leave to return, I gave up the commissionI sold itmy cargo was insuredmy brother was killed in Spain, in an engagement with General MooreI cannot recollect in what partit was in the retreat on Corunnahe volunteered to go out with provision and specie to the troops, who were without food or money.
MR. PAYNE called the following witnesses for the defence:
CHARLES DALEY . On the 28th of December, the Tuesday after Christmas-day, between eleven and twelve o'clock at night, I saw a woman, who turns out to be Mrs. Ivory, lying on her face in the snow, just off the curb-stone, in front of Mr. Spicer's house, in Seven-dialsI assisted her up, sad the prisoner helped me in doing so.
MR. JONES. Q. Where do you live? A. No. 20, Great Titchfieldstreet, Oxford-marketI lodge in the kitchenI am married, and have a familyI have lived in that house three yean, and in the parish twenty yearsI am a jeweller on my own accountI served my time to the trade, and work at itI am not a journeyman, and do not like to say I am a masterI take in jobs as I can get themI worked for Mr. Shrimpton, of Newman-street, some yean since, and for Mr. Symes, of Wellington-street, Clerkenwell, four or five years sincethe last person I worked for, was a gentleman at No. 214, Oxford-streetI am at a loss for his name, but it is over the doorhe is a jewellerit is thirteen or fourteen months since I worked for himsince then, I have been in the habit of doing jobs as I can get themthe last job I did was last Monday, for a Mrs. Douglas, living in the same house as myself.
Q. Are you a friend of Legassick's? A. I hope I am a friend of every oneI wish well to every oneI never saw him till I saw him on the 28th of DecemberI am sober nowI swear I never knew him before that nightI have known Mr. Ivory for two or three years or more, and Mrs. Ivory but a little timeI was at Ivory's shop when the prisoner was taken into custody on this chargeI have been in the habit of going there latelyI gave evidence at the trial, at ClerkenwellI have been to Ivory's often since thatI have been employed by him to go in posses sion, as he is a brokerI think I have been employed by him about four timesthe last time was two or three months agoI will swear I have not been in possession for him a dozen times, nor ten timesI have been a witness in a court of justice before thisnot ten timesI may have been three or four, or five timesI believe not eight or nineI was never bailI was a witness at Bow-street, in a case in which a man and his wife named Laws were concerned, about two or three months agoI saw the prisoner there thenhe was a witness on the same side as I wasit was an assault casewe were both witnesses to prove the assaultI never offered myself as
bail in my lifeI was not at Bow-street when Mr. Spicer was brought there for this assaultit was not the prisoner who asked me to become a witnessI swear thatit was not Maria WoodMr. Ivory was the first person who applied to mehis wife was not presentI have never received money from Mr. or Mrs. Ivorypardon me, I have received money, but not for any thing of this sortI have done business for him, being in possession, as I have statedI have received about 8s. from him since the 28th of December, for business done for him in Buckingham-courtI hare not received money from him within this week, nor within this two monthsI have been attending here since MondayI have not received money since I have been hereIvory supplied me with foodI do not know the woman who lives with the prisoner.
LOUISA IVORY . I am the wife of James Ivory. On the night of the 28th of December I went to Mr. Spicer's to look after my husbandI went at six o'clock in the evening for him, the time 1 shut up the shop, and saw my husband at cardshe did not come homeI went again at eight o'clock, and he did not come thenhe had had 26s. from me to go to a sale-room, and he went there and played at cardswhen I went after him at eight o'clock there was a friend with him, and his wife came in thereI went home with her to her place, and when her husband came home, about twelve o'clock, he said, "Your husband told me to tell you he was ready to come home, if you called for him"I went to Mr. Spicer's, I think it was about twelve o'clockI was about crossing the boards, towards the parlour into the door, and Mrs. Spicer hallooed out, "There is nobody here belonging to you, nor has there been this evening"I said, "Don't say so, because I have been twice to my husband"I went to the parlour door, and there was no one thereI then went to the foot of the stain and opened the door, where I have frequently fetched him at two o'clock in the morning, from cardsI listened to hear if he was up stairsMr. Spicer took me by the back of the neck, and said he did not allow any women to go up stairsmy head was against the door, listeninghe said a parcel of women had been getting drunk at other houses, and then came there under the pretence of looking after their husbandshe then took me by the neck and flung me to the front doorhe struck my eye against the lock, or the box of the lock of the doorI then said, "I don't think, Mr. Spicer, because my husband spends the chief of his subsistence, and nearly the whole of his time at your house, that you should use me in this manner"he then came to me, out of the bar, when I had passed this observation, took bold of one side of the door, pulled open half of the door which opens into the street, and then struck me a severe blow in the neck, which sent me com pletely off the pavement into the snow, almost without touching the pavement, into the snow beyond the curbI laid in the snowI screamed when I fell, and the prisoner came across the road and picked me uphe was alone, I believe, but another man came up almost immediately and helped me upthe prisoner said he was going homehe lived at the corner of the street, but be has moved, I believe, nowafter that, I went to my husband, at the other public-house, and told him, and he went over to Mr. Spicer, to ask him the reason of it, and he said he would serve any body so who came to attempt to go up stairsmy husband did not strike mehe pushed me, and said he could speak to Mr. Spicerhe said the publican always obliged him, and would be civil to himI got a black eye from the door, not from my husbandhe pushed me, but that was afterwardsmy husband took a warrant out against me, and it lays now openthat was after I had taken
the warrant out against Mr. Spicerit was taken out by my husandMr. Spicer was with him when he took it outit was to keep me from going to Bow-streethe was at the doorhe did not go inI saw himthe other warrant was not heard at all, because Mr. Minshull told my husband it was a cross-warrant, and he should investigate into it.
MR. SPICER re-examined. I was not with the husband when he took out the warrant against her, certainly notI know of no warrant but what they severed me with.
LOUISA IVORY re-examined. There has been no case heard against memy case was heard against Mr. SpicerMr. Spicer said he then should indict me, and Mr. Minshull said he hoped I should indict him for the assaultthere were more women making complaints of that house at the timethere was a person with her hand dreadfully ill-used, who had been looking after her husband.
MR. JONES. Q. Where have you been since the commencement of this trial? A. I have not been any where this evening, but outside and over the way, in the parlour, sitting a little timeI have not been in Court, on my oathMr. Prithic is my lawyerI have not teen him since this trial commenced, not to ask him any thingI saw him go in, and outside the door, I believe, twicehe did not ask me any questionshe asked me where my husband wasthat was alland to keep all ready, and not go out of Courtnothing else, to my knowledgeI really do not know that he said any thing elseif you will ask me any question I will answer youI went to Mr. Spicer's house three times that nightat six o'clock, at tight o'clock, and at twelve o'clockand I followed my husband back after twelve o'clock, for fear of his getting into words, when he went to ask Mr. Spicer why he did thisafter the assault was over, a policeman came up, Mr. Spicer said I had been assaulting him, and he wished him to take me into custody, and he followed him in hit shirt sleevesI was not making any disturbanceI cannot say what he said to the policemanI heard him request that I should go to the station-house, if I did not go away immediatelyI said, "I mean to go"I did not abuse him, nor did he say I hadhe wanted to make the policeman take me whether or not, but I went away instantly, and would not allow the policeman to send me awayI knew better than to do sohe wished the policeman to push me along, and told him I was making a noiseit was enough to make me answer him, to serve me in such a mannerI did not abuse him or his wifehe never mentioned his wife at allhe said I was making a disturbance, and to walk me off the premiseshe said I was abusing him, but I was not.
Q. Did you know the prisoner when he picked you up? A. Yes, directly I didI keep a broker's shop, and every body knows meI have known him I suppose these four yearshe worked with my husband at a bench at one timehe has not worked for him for the last two yearsI did not know Daley before thisthe prisoner picked me up before Daley didone was coming up one side and one the other.
Q. You say you believe Legassick has removed from the corner of the street since? A. I said I knew he bad removedI dare say I might have said I believe he had removedhe was not living in our house when he was taken into custodyhe was in my landlord's houseI cannot exactly say How long he has been living in the same house with menot above six or seven weekshe was warned out on account of the repairs.
Q. Has a female been living there with him as his wife? A. Not
that I know of as his wifethere is a young woman thereI cannot say whether she is his wife or notI do not know whether she passes as his wifethey always call her Maria, and I call her so toothey do say she passes as his wifeI cannot say that she is living with him as his wifesome people call her his wife, but I do not, because I know betterI cannot say whether he sleeps with herhe sleeps in the same room with her, and his mother alsoshe was a witness for me on the trial of the assaultshe went by the name of Maria Woodthat is her nameif she if not his wife, it is not proper to use his nameshe went to the court in her own clothesshe had none of mine except a handkerchief I lent her to tie round her neckI did not lend her a shawlshe did not have a shawl onshe bad a cloakit was her own, for what I knowI have seen her in it for the last twelve monthsI believe I lent her nothing but the handker chiefI have lent her a shawl at timesshe was dangerously ill, and was carried into the court by three or four menshe was fearful of taking coldI cannot say when I last lent her a shawlI have not lent her a cloakI think I gave her an old stuff gown this weekshe did not appear in it at court, that I know ofI might have given it her on the day of trial, but I do not knowI do not think it was the day beforeI did not take noticeI did not lend or give her a bonnetthat was given at the bazaar to the mother not long before the trialI did not agree to pay for itit was given by a lady.
Q. Is this the first time you ever preferred a complaint of assault against any body? A. No, I had one person summoned about three months agothere were three of themtheir names were Cripps, Barton, and anotherI went as far as a bench-warrant, and during that time two of them got committed for exposing their persons in Covent-garden market, and I got Il. from each not to proceedtheir wives begged me to do soI knew Legassick thenhe was a witness for me then, because he was coming with me at the timeI have lived with Mr. Ivory I suppose about seven yearsI was married when it suited meit was last AugustI do not recollect when it was I preferred the charge against BartonI think it is about two years and a half agoI do not know that I swore then that my name was IvoryI was not asked to swearI was swornI really do not know whether I gave my own name or notFennel was my maiden name I will not swear whether I gave my name as Ivory.
Q. Have you ever been charged with felony? A. Yes, for my own fixtures; and the man I summoned was the man who disposed of the fixturesI was charged with stealing them, but I bought and paid for them; but those interested did that to get possession of the housethat is four or five years agoI do not know whether I was tried in this Court or the otherI went to the House of Correction for six monthsI will not tell a story, if you were to hang meI was never in trouble before or since, that I know ofI do not recollect itI have not been charged with felony since thenI know nothing about any coalsI have never been confined in prison except about the fixtures, to my knowledgeI have not been in prison, I will swear that, without you will tell me for whatI do not recollect itI do not know what you meanI have not been in prison except on that occasionI do not know a person named M'CarthyI was never in prison on a charge of assault, that I swearone time we were locked up both together ten minutes, till bail camethat was at Bow-streetit was only a word or two concerning the house, and my moving the things when they were locked upthat is four, years agoI was not tried for that
assault, nor finedI gave bailit was only a word between me and a neighbourI have charged my husband with an assault, and sent him to prison for a month, because he came home abusing me, and had spent all the moneythat was last July, the month before I married himand when he came home he was married to me directlyhe said he would never strike me any morehe did not strike me in Mr. Spicer's househe pushed me back, and said I should not speak to Spicer, bat he did not strike me.
MR. PAYNE. Q. What was the matter about the fixtures? A. My husband was in the Marshalsea for debthe lent a man the money, and he was gambling with him continually, and he was taken for rentmy husband told me it was best to dispose of the fixtures, as they would not come to any termsI was in occupation of the housethe landlord's broker was there; and after I left, they cleared out the things which I did sell, and put two doors among them, and they charged me with stealing themIt was after I was pushed out of the place that the policeman came up.
COURT. Q. Was the policeman there at the time Spicer pushed you out of the house? A. No, he came there afterwardsI was complaining, and making a piece of work about his striking meI was telling him I would not allow my husband to do it, and I would not allow himthe policeman was called to take me away, but I went away without himwe went quietly to the top of the street togetherI incurred£7 or£8 expense respecting the assault case, which I settledone of the men's wives begged me not to be hard with him, as he was confined already.
JAMES IVORY . I am the husband of the last witness. On the 28th of December I was at the GrapesI had been at Mr. Spicer's the whole of the day pitying at cards, till just before twelve o'clock at nightmy wife came to me about six o'clock, and at eightI left Mr. Spicer's a few minutes before twelve, and went over to Gibson's, at the Grapes, and had a pint of beeray wife came there to me crying; and, in consequence of what she said, I and my brother went over to Mr. Spicer'sI asked him what he meant by ill-using my wifehe said he would serve all such bto who came there under the pretence of looking for their husbands after getting drank at other housesI did not knock my wife down that night, or give her a black eyeshe told me she had been injured by Mr. Spicer, and I went over, being a customer thereI am sorry to say, pounds and pounds 1 have laid out in the houseI was a very excellent easterner to himAfter my wife took out a warrant against him, he came to me, and said, "Ivory, this is a bad job, the cards; I will give you the money, go and like a peace-warrant out against your wife"I went down at seven o'clock in the evening, and asked for one, thinking I might make matters up, so that my wife should not go before a Magistrate, being afraid we should bo fined for playing at cardsI took out a peace-warrantMr. Minshull granted it; but one of the clerks said he knew it was a conspiracy between me and that publican, and the warrant lies in the hands of the officer nowI have not gone on with itthey would hear Mr. Spicer's case first.
MR. BALLANTINE. Q. Where have you been for the last hour? A. I I Have been three quarters of an hour down stairsI was up in the gallery a quarter of an hour certainlythat was not while my wife was being examinedI did not hear my wife examined, so help me Godnot a wordnor Daley eitherI came down directly Daley was called, and did not hear him examinedI have not heard any thing at all that my wife has said about what took place in the houseI did not strike my wife at all that
eveningI pushed her awayI shoved her in the bosom, bat not to him herI said, "Go away, I will answer Mr. Spicer myself, you hold your tongue; I will ask him myself about ill-using you"I cannot say whether I pushed her with my left or right handI did not give her a black eye or strike her in the face that nightthis was about a quarter past twelve o'clockI saw a policeman there a few minutes after I had pushed my wifeI had left the house about a quarter to twelve o'clockMoody was with me, and he said he would go homeI said, "If my wife is at your place, tell her to come to me"she did not come, and I went to Gibson'sthe came there, and said, "See how I have been served by Mr. Spicer"I immediately went over to ask Mr. Spicer what he meant by so doingI thought he would not be guilty of it, after allowing my wife to come fre quently to see me in the roomI knew of the trial at Clerk en well, and Spicer subpoened me against my wife, but I was not called on either sideI came into Court at the summing-up, and Mr. Adolphus said, "Here is the husband of Louisa Ivory, "but I was not examinedI have got the subpoena in my pocket nowit was merely an act to keep me out of Courtbrother was in the public-house on this nighthe was not called as a witnetsmy wife took out a warrant against me last July for assaulting her, and I applied to Mr. Minshull, and said I was very sorry for what I had doneI took out the warrant against her by Mr. Spicer's desireMr. Fall, the officer, has got itit is open stillit is no use my going and chucking a shilling away to discharge it.
Q. Did you ever happen to get into any scrape at all? A. It is some years since I haveit was about a clockI was never tried about itthey charged me with stealing it, but under circumstances of aggravationI was in company with a harness-maker, and left a pair of traces at a public-housethey were pawned for a gallon of beerthe man took this clock down and put it in the bar, and took the traces awayMr. Cripps was very ill, and I was managing the cellartwo or three got larking, and said, "Your clock is sold"I said, "Here it is;" and Mrs. Cripps got angry and struck me, and I struck herI was in custody about the clock, sad went to Marlborough-street, and came down here to Newgatewhile I was here Mr. Cripps said he was very sorry, and sent to me every dayI cannot say how long I was in Newgateit is some years agohe sent money down to me while I was hereI will take my solemn oath I have been three quarters of an hour in the passage of the CourtI have not been in the gallery the last hour.
MR. PAYNE. Q. You were never indicted for the clock? A. No.
JURY. Q. What was your reason for drinking in the house after your wife was assaulted there? A. I never tasted a drop in the world, not that nightI went in on the 18th, as the pot-boy came over to me, and said Mrs. Spicer wanted to speak to methat was next morning.
COURT. Q. The question is, whether you have used the house since I that night when you made the complaint? A. Yes I didI owed 14 1/2 d.; I went over, and Mrs. Spicer charged me 2s. 4 1/2 d., and Jackson slid, "Come, this is a bad case; but will you sign these papers?"I said, "I shall sign nothing till I read it"he said, "If you have any respect for Spicer you will do it"he had three papersI said, "I shall see what it is before I sign"I went into the parlour to have a pint of beer and a pipe of tobaccomy wife came in, and said, "What, you have come to this place after the manner I have been used; if you don't come out, I will stop here
till you do"I did not drink there that night after my wife had been ill-used.
MR. PAYNE. Q. Are there people here who know you were playing at cards in Spicer's house? A. Yes, there are plenty outside who were with meMr. Kennedy is one.
(John Evans, wholesale toy-maker, Newgate-street, and John Lindock, toy-maker, Great St. Thomas the Apostle, deposed to the prisoner's good character.)
GUILTY . Aged 36. Judgment Respited.
NEW COURT.Wednesday, April 12th, 1837.
Sixth Jury, before Mr. Common Sergeant.
Reference Number: t18370403-1131
1131. JOHN KEYS was indicted for an indecent assault.
GUILTY . Aged 45. Confined Two Years.
Reference Number: t18370403-1132
1132. CHARLES POWELL and HENRY DEACON were indicted for a misdemeanor.
NOT GUILTY .
Reference Number: t18370403-1133
1133. RICHARD DEARIE was indicted for embezzlement.
MESSRS. DOANE and JONES conducted the Prosecution.
WILLIAM HENRY BURNAND I have resided in the New-road very nearly thirty years, and have carried on the business of a coachmaker the whole time. In the course of the year 1835, I determined to carry on also the business of a wine and spirit merchant on my premisesthe prisoner introduced himself to me, and proposed to take the cellar, if I would advance him the money to any it onwe entered into terms, which were reduced to writinghe came to my premises on the 1st of January, 1835, and was in the cellar acting as my servantthe first thing he did was to select goods from wholesale dealers, in order to put into the collar, and they were sent init was then his duty to draw spirits, serve customers, and attend to the business generallyit was his duty to receive money when he served the customersthe beer and spirits in those vaults were mineI did not begin the wine business for six months afterI think it was in September or OctoberI had books for the entry of all transactions which took place in the cellarsthey were in the hands of the clerk, Mr. Deariethe name of James Graham and Co. was over the doorthere was no such person as James GrahamI assumed that name for the purpose of carrying on that businessno person except myself had Any property in those cellars, and the persons who sent in the barrel which contained the liquorsthe prisoner paid me money while he was in the cellars on account of the sale of goodsI used to pay him money, and to allow him to deduct from the receipts in business, for the wages of himself, the cellarman, and occasionally a man to wash bottlesthe first two or three weeks I paid the prisoner 30s. a weekhe was authorised to send out goods to customersI was acquainted with very few of the customersI did not know Mr. Harrison personally, nor Mr. Jones, nor Mrs. Shawthe prisoner made entries in the books relating to the business which I have spoken of, regularly every dayhe sometimes paid me moneywhenever he had a surplus that was not employed, he handed it over to me in sums of from 5l. to 50l.on those occasions I referred to the hooks which he keptOn the 16th of December, 1836, I called on him to make up his accountsMr. Hare had been employed to assist in making them upI found in the books entries of certain sums having been received
and forty or fifty entries of money due, in the prisoner's handwritings while he was at my cellars he accounted for sums received from particular customers in the regular day's businessI never had any convensation with him respecting any sums of money due or received from Mr. Harrison or Mr. JonesI mentioned to him in the early part of February last that Mrs. Shaw had paid some money which did not appear in the boobhe would not believe it, and I fetched him up the books to show him that it was soI do not recollect any thing that passed after thathe never accounted to me for 19s. 10d. he received from Mrs. Shaw on the 3rd of December, 1836, either verbally or by the bookshere is the day-bookon the 3rd of December, 1836, here is no entry of the kindI find on the 22nd of August, 1836, there were goods bad by Mrs. Shaw, of Priory Cottage, Kilburn, to the amount of 8s. 10d.the entry is in the prisoner's writingand on the 25th of August goods were had by her to the amount of 11s.the prisoner never accounted to me for these sumsthis is one of the bills used in my wine and spirit business, and it is filled up in the handwriting of the prisoneron the 19th of September, 1836, I find in the prisoner's handwriting"Harrison, Esq., 9, Cambridge-terrace, one gallon of brandy, 1l. 14s. 7 1/2 d."there is no sum appears in the books as having been paid on account of that brandyhe never accounted to roe for the receipt of that sum of money, or any part of itthis is another of my bills of parcels in the prisoner's handwritinghere is a total of "1l. 14s. 7 1/2 d., and by cash 16s."leaving a balance of 18s. 7 1/2 d.he never accounted for either of these sumson the 24th of November, 1836, here is an entry in the name of Jones, but that is not in the prisoner's writing; it is the cellarman'sthis is another of my bills in the prisoner's writing, and with his signature, "Jones, Esq., three bottles of whisky, 10s. 6d.settled, Graham and Co., R. DEARIE"I have since ascertained that Mr. Jones is a surgeonthe prisoner never accounted to me for thishe continued acting in this way up to last December. I paid him 30s. a week for the first two or three weeks, and after that, I allowed him. to deduct from the monies he receivedit was with my consent that he received these various sums of moneyI remember his leaving ray cellars on the 31st of December.
Q. What was the longest interval that ever occurred between one period and another of his paying you cash? A. A fortnight, 1 supposehere is one instance of three weeksthe average period was very nearly weeklyhe paid me on account of particular sums receivedhe never paid me any sums of money on any other account than that received in the businessI have an account in the book of the sums received by me from the prisonerwhen I gave him notice on the 16th of December to leave me on the 31st, I told him there would be a fortnight for him to make up his books, and to render me an accounton the Monday after he left me on the Saturday I said to him, "I hope your accounts are all correct, if not you will have to answer for it"he said nothing to thatI do not recollect that any thing occurred particularly after thathe left me very abruptlyon the 28th of January I saw him at my cellarsI told him about the several sums I found missinghe said he did not care about it, I could not prosecute him under the firm of Graham and Co., as there was no such firmwhile the prisoner was with me (I think it must have been some time in October, 1836) I was desirous of disposing of that businessI explained to him that I had applied to Messrs. Ray, my wine-merchants, to know if any persons were desirous of buying a business of that kind, and if so to
recommend them to me; and they sent up a Mr. SowerbyI explained to Dearie the terms on which I had agreed to let the business to Mr. Sowerby, and said I had recommended him to Mr. Sowerby, that I had told him the terms on which he was in my service; and in the event of his closing with me, he would find him an excellent servant, at far as I knew, and an acquisition; and that if Mr. Sowerby called, he was to show him the books, and give him every explanationthe prisoner did not say any thing to me about the business at that timebut in the course of a week or so after, he said, if I was disposed to part with the basinets he thought he should be able to find friends who would be able to raise money sufficient to enable him to take the business if I had no objectionI told him the terms on which I had offered the cellars to Mr. Sowerby, and if he could make up the money I should certainly give him the preferencehe told me that a person of the name of Ray had offered to lend him 1000l., and that probably by other channels he might be able to raise the remainder, but he wanted time to consider of ithe afterwards said he had been speaking with a person of the name of Moule I think, who would be able to advance a sum of money, as Mr. Ray had refused to let him have 1000l. till he got possessionthat went off for a few weeks, and then he proposed to take it on his own account, as he found Mr. Moule could not raise the money he had expected, and if I would take it on bills he would take itI said I would not have any thing to do with any thing but moneyI bare subsequently seen the prisoner at No. 1, Union-placeit is a very good house, where he has established wine cellars, five doors from my own housethe name of Dearie and Moule was up there at first, bat since the examination, Moule and Co. has been substitutedduring the whole time I have known the prisoner he has never had any interest in my business as a partnerhe has not had the slightest interest in the property that was upon those premisesI do not know whether he had any other income or means of living, except the 30s. a week that I have spoken of.
Cross-examined by MR. ADOLPHUS. Q. You are a coach-maker, you say? A. YesI was in partnership with my brother, but not in the wine sad spirit businessI had no partner in thatthere was no such person as James GrahamI have signed the name of "Graham and Co."as my namethe prisoner was at first serving me under a verbal AgreementI was not restricted by any agreement with my brother, from going into any other business while I was with himI did not tell my brother that I went into this whiskey and ale businesswe were not on good terms, and have not been for many yearsI have been a proprietor in the Marylebone Joint Stock Bank since Septemberthe prisoner paid monies over to me, and on those occasions I have gone over the books myselfI have gone over them with him several times, when I wanted money, I looked over the books, and asked him for moneyhe was aware that I was going over the books, and I have asked him to account for sums of moneyI have several times gone over the accounts with torn, and said, "You have so much money in hand"I cannot tell any timeit was the general waysome times I vent over the accounts myself, and found there was 20l. or 30l., in his hands, and I asked him for money, and he pulled out his purse and gave it methat was both for general and particular accountsI cannot name any one occasion, it was so generalI knew the books were asked for by letterthey were put into Mr. Hare the accountant's handI did not direct him to let Dearie see the books, but I had no objection to itI never said any thing. one way or the otherthere was a balance drawn up to Christmas, 1835, by
Mr. Hare in the early part of 1836he made it out as an accountantat that time there was an account made out from the booksit was cleared and checked by Dearie, and bis salary, and commission, and allI do not know sufficient of the books to tell you where to look for itI was not a party to itthe monies put down here, were paid to me at the times here put downthey were paid generally every week, some times a fortnight might elapseit was sometimes leu than a week, but the date will tell youwhenever I found there had been a sum of money received, I asked him what money he had, and he handed me over 10l., 15l., 20l., or 30l., as it happened to suit himI generally used to do it every SaturdayI have many times asked him when I have not received it, and I asked again for itI generally went to him every Saturday to ask him what money he had, and to get moneyI looked at the books to see what money there was, probably twenty times during the time he was with menone of these payments took place between the 7th of February and the 19th of October, because there was very little, I should apprehend, to hand overit was all outgoingsthere was very little to expect from the business the first yearthe prisoner was not at that time in Scotlandon the 19th of October 1 received some moneyI should think these figures refer to the folio of the journalI received money on the 19th of October, on the 24th, and on the 26thit depended on the money he had receivedI used to apply to him generally every week, but it did not follow that I had the money every weekit was his duty to enter the sums received in the course of the day, and to hand the surplus to me every Sa turday; but it depended on the monies that were paid into the concernhe was to account whenever I chose to ask him for the money.
Q. Does Saturday occur, now for example, twice in one day, because. I find here, "April the 16th, £45," and again the same day "£25?" A. All these things are depending on the sums receivedwhen I called on him it was his duty to account for it to meit was on Saturday generallyI was desired not to touch the books after the prisoner leftthe last. entry in this book in the prisoner's writing is 50l. on the 22nd of Octoberhe remained in my service till the 31st of Decemberthere is no other entry in this book in his handwriting after thatthere is in the day-book here is the writing of Mr. Hare, the prisoner, the cellarman, and myself in this day-bookwhoever receives the money marks the receipt of itDearie took care to go over them every nighthe might be out all day, but it was the custom to be out till two o'clock, and then to remain at home all day up to eight o'clockthat was the general practicehe has gone to the docks and to many other parts, in the course of businessI have never come to any final settlement with him as to any money there might be between usI believe he understood the business perfectly wellI did not understand a great deal about itI bought the goodsit was his duty to wait on the customers, not to get customersthey came as a matter of courseI did not know a great many of the personssome of them were private friends of my ownhe used to give the orders and inspect the goods, and I used to pay for them for the first twelve monthsafter that I purchased myself of different brokershe might purchase in the last twelvemonthit is impossible to say that he did not buy half a dozen hogsheads of alehe never went to Scotland for mehe went in search of his wife and family, who deserted himI do not remember that I said in the course of last summer that Dearie was crone to Scotland, and I hoped he was not going to cut, as he had got 500l. of mineI have no recollection
of saying so to Mr. BankI will not swear any thing of the kindI think if I bad said it, I should have remembered itI cannot charge my Memory with ever having made use of such an expressionit might have been soI never told any body that Dearie was gone to Scotland to purchase whiskey for meI have no recollection of telling Mr. Sowerby soit might have been so.
Q. Did you advertise that your whiskeys were come from Scotland, and that the King of Belgium and all the rest were very fond of them? A. That was at the request of Deariewhen he returned he brought me an account that he had got several very fine whiskeys, so that it was not altogether a fraudI inserted the advertisement, thinking it might be profitableI had no intention of fraudI did not instruct Dearie to purchase any whiskeyI know Sarah Mills, who is Dearie's landladyI have seen her coming thereI have had some conversation with her about him, many timesI do not recollect that I wrote her a letter about him in February lastthis is my handwriting(looking at it)when I had got out my warrant, and was taking my proceedings against the prisonerMrs. Mills called on the 1st of January, and related a long story of the injury she had received at Dearie's hands, and asked me what was the best course to get the money that was due to herI told her that Dearie had now money, and I thought if she pressed for it that he would pay herthat was 15l. 3s. 2d.I do not recollect advising her to proceed against him for 13s., or to sue him for 13s., for a gallon of ginI will not swear any thing about it, as I do not recollect itI did not say I would recommend her to an attorney in Grays Inn, who would do it for her without expenseshe did not tell me she was not rich enough to sueI do not recollect that she told me that she was not inclined to sue Dearie at all, and that she believed he would pay her as soon as he was able, nor any thing of the kindshe was in the habit of coming down to complain of DearieI am not in the habit of having to do with other people's concernsI might have told persons that Dearie was GrahamI do not remember any particular circumstanceI never told Mr. Kerslake that he was Grahamparties have frequently come in and addressed him by that nameI never introduced him as Graham to Mr. Hibble or Mr. KerslakeI always said, "There is Mr. Dearie, the manager"I cannot recollect that I ever committed myself so far as to introduce him as Mr. GrahamI do business with Mrs. Wilson, of Alsop-terraceI will not swear that I did not introduce Dearie to her as GrahamI do not recollect that I have, in the presence of Mr. Bell, addressed Dearie by the name of GrahamI will not swear either one way or the other.
Cross-examined by MR. PHILLIPS. Q. Did you ever represent to the Excise that Mr. Burnand and Mr. Graham were two different persons? A. When I took out the licence I said there was no such person as GrahamI represented the firm of Graham and Co.I did not represent myself as James GrahamI told them there was no such person as James GrahamI do not recollect that I ever told any body that Dearie was James GrahamI will not swear it.
MR. DOANE. Q. Is this the agreement under which the prisoner came into your service? A. Yes(read.)
(The prisoner in this agreement engaged to conduct the business, at a salary of 30s. a week; and after six months, to receive 2 1/2 per cent, commission on goods sold.)
MR. DOANE. Q. Did you fully explain to him that you were the whole
of the firm? A. Yes, he was fully aware of thatpersons seeing the name of Graham up, took him for Graham.
MR. ADOLPHUS. Q. You say that a fortnight before he led, you asked him something about his books? A. I gate him a fortnight to make his books upI had not done so before, I had an accountantI never said that Dearie was not capable of making them uphe was quite capableI never said the contrary to any bodyhe introduced himself to me, with a certificate of his good conduct, most respectably signed and written, which I am told is a common practice with all Scotchmen; and he showed me a snuffbox which was given him by the workmen of some millhe left me on the 31st of December, at eight o'clock, the usual timehe left me quietly, without haste or hurryit was in October or November that I had been in treaty for the sale of my spirit vaults to himI think I recommended him to Mr. Sowerby in Octoberit certainly was not so late as ChristmasI will not swear it was not as late as the 1st of DecemberI really cannot tell the dateI saw him again on the 2nd of January, on the 18th, on the 28th, and on the 5th of FebruaryI have taken these dates from my me morandum book, which is at homeI copied them on this paper ten days agoI did not see the prisoner on any other days but theseI do not enter every thing in my book on the day it happensit is sometimes the next dayI do not recollect seeing him at my own place on the 13th of January, in company with Mr. Lambert, the excise-officerI have no knowledge at all of seeing him on any other days but those I have drawn from my memorandumI do not recollect saying to Mr. Vincent Lambert, when Dearie had been on my premises, "You saw Dearie; he tells me he does not much like his partner; he was a dd fool for leaving here; he might have had this place for 60l. a year"I might have said so a fortnight after 1 dismissed himI do not recollect itI will not "wear I did notI did not know the books were incorrect thenI knew it on the 9th of February.
Q. Did you say to Mr. Tubb, on the 9th of February, "I should like to have gone band in hand with Dearie, for there is business enough for us both?" A. I said, if he had conducted himself well, I should have been very glad to have gone hand in hand with him, as there was business enough for both of us, and I had no animosity against himI don't recollect telling Mr. Tubb that Dearie had robbed me, and that I had got a warrant out against him, which had been executed the day beforeI don't recollect that I told Mr. Tubb that Dearie was a rogue, and had robbed me of 200/., and that I could send him to NewgateI might have done itit is very likely that I didI can't say that I did or did notI don't remember Mr. Tubb saying, that if a man had robbed him he should prosecute himI don't remember what passedI remember Tubb coming there, but I don't remember the conversationI saw the prisoner on the 8th of February(1 had then had warrant against him four days)I did not part with him on good terms, and bid him good byeI took him up to where the books were, and into the dining-room, where the cloth was laidI kept a ledger, a journal, a day-book, and a cash-bookthe party who took the orders made the entry in the day-bookI don't know that I ever said that Dearie was not an accountant, and not capable of keeping accountsthis is my journal for 1835(looking at it)some leaves have been cut out by Mr. Hare, I believe, so as to make the books begin properlyI don't know whether the entries in the pages which are cut out were in the handwriting of DearieI had nothing to do with the booksI
don't know when the leaves were cut outMr. Hare did ithe was the only person who was employed in the accountshe made out the accounts from the day-book, which he took as his standardthis is the day-book for 1835there appears to be one or two leaves cut out of itI don't know that I cut them out with my own handI don't recollect itI don't recollect the circumstance at allI have no idea at allthe writing in the book next to where the leaves have been cut out, is mine, and my writing continues to the 87th of JanuaryI entered them as they occurred in the course of the dayI suppose I entered them day by dayI did not cut out the leaves myself and make a transcript, because the other was too bad to appear in the bookI don't recollect that I made a great many of them at one time, and from something that had been written beforeI don't recollect any thing further than I stateI cannot tell whether I made the entries one one day, and another on anotherI never refused the prisoner the inspection of these booksI think I recollect a gentleman who is here, calling on me, with a letter from Mr. Scanlan, to see the books, and I told him my attorney had advised me not to five a stone to break my own headI never told Dearie there were these three sums unaccounted for, and I wished be would give me some account of themI think in the first year about 1100l. might pass through his hands, and in the second year about 2000l.fan deficiencies amount to between 300l. and 400l.I never sent him an account of themI could not, when I did not discover them till the middle of Januarysome of them were brought to light only the day before yesterdaywhen goods am sent out, it is common for a man employed as he was, to send the bill out by the porterif the money was not paid, the porter may have brought the bill back, and it is always customary to cancel itI parted with the prisoner on the 31st of Decemberhe staid his usual time, sad came again on the following MondayI don't know wben he took the place within five doors of me, nor when he entered upon iton the 2nd of January he told me he had taken the houseI heard nothing at that time of his going in partnership with a gentlemanI knew that, some tine in Januaryon the 18th of January I saw him on Mr. Corde's accountI did not tee him again, to the best of my recollection, till the 28thI took out my warrant on the 4th of February, I thinkI spoke to the prisoner on the subject of Mr. Cordo's account on the 18th of Januaryhe had entered Mr. Cordo's account in one book, and not in the otherhe entered it in tat margin of the ledgerhere it is, on the 24th of October, in his hand-writing, add it remained standing duehe received the Money, and did not enter itit is discharged in the day-book, but not entered in the other bookthis is the hill I sent to Mr. Cordo some time in January, after Dearie was gone, and I afterwards sent him this other bill; I had in the mean time seen Deariehe showed me, from the entry in the daybook, that he had received the 4i. which had not been entered in the ledgerDearie left the books in a state of confusionwhen I was gong to make up the books by the help of an accountant, I did not desire Dearie to attend and look to his own accountsI made out the accounts of all the customers, to see what sums were due to the concernI gave him the fortnight to make up his books, but he would not do itthis entry of 4l. is in his own handwriting, and he discharges Cordo for that moneyI had this book in my poasession when I sent to Cordo demanding that moneythis is the only book in which Dearie wrote his general entriesthe books were in the counting-house on the 31st of December, when
Dearie leftI sent to him some time in January, to explain an account with regard to a Mr. CampbellI had sent out the accounts about the middle of January, and the parties applied to roeI don't know whether that had happened when I sent to him about Mr. CampbellI mentioned two or three others to him on the 8th of Februaryhe did not propose to have an accountant whom he named, and to go regularly over the accountshe recommended a Mr. Wilks as a clerk to succeed himhe came to me, and Dearie told him there was a situation open, and he thought very likely he might have itit was in Dearie's power to have discharged all these accountsI have asked him for many of themone in particular of 9l. 10s. of Mr. Coxhead'sI asked him about that, several times during the yearI cannot tell when I first asked him about itI desired him to call; I should think it was after Junehe continued in my service six months after thatthis is one of my licences in my own name, jointly with that of Grahamthe former licence is destroyed when we obtain a new oneI should say my former licences were the counterpart of thisI cannot tell that they were in the name of Graham and Burnand.
Q. Were you ever fined by the Excise? A. I was fined through the prisoner's neglectI can hardly tell whether I paid it on my own account, or on account of somebody elsethere was a penalty levied in consequence of Dearie's having obtained two gallons of spirits from a Dundee packetthe man was taken with it in bis possession, and was fined in the mitigated penalty of 25l.they came to me, and asked me to let them have it, that the man should not go for two months to the treadmillthe man's name was Samuel KerslakeDearie sent him for these spirits.
Q. Upon your oath, did you not send him yourself to the docks to get something, when Dearie was not present? A. I told him to go down to the docks, and there he would receive a parcel that was left by Mr. Dearie, at the Dundee wharf, I believeI told him to go there, and receive a packet, but it was contrary to my instructions that the whiskey was sent for, but he got it, and I paid the 25l.
MR. DOANK. Q. You have been asked about some leaves being out of some of these booksin this day-book there is an entry respecting Mr. Cordo, was it the prisoner's duty to enter that in one or two books? A. In two booksbefore I sent out to collect debts, I referred to the ledger, and, according to the appearance of the ledger, the account was still dueit was not dischargedthat sum had been received by Dearie, and it was his duty to have marked it off in the ledger, and from its not being marked off in the ledger I was induced to send to Mr. CordoI was able, after finding that Dearie had received the money, to correct the mistakeall my books were produced at the police-office without any reserve, and inspected by Mr. Adolphus and the prisoner alsothe prisoner being my servant it was part of his duty to receive sums of money owing to meI authorised him so to dowhen he received the money he was to enter it in the daybook of the day, and so to account for the receiptthe book which the leaves are said to have been torn out of, is for 1835it has no reference to the present chargeon referring to my books I find on the 24th of November 1836, there was due from Mr. Jones, 10d. 6d.on the 22nd of August, Mrs. B. Shaw, Priory cottage, Kilburn, 8s. 10d.; and on the 25th of August, 11s., making 19s. 10d.; and on the 19th of September, Mr. Harrison, 1l. 14s. 7 1/2 d. and cash 16s., leaving 18s. 7 1/2 d.these entries are in the prisoner's writing, in the middle of the book, where there are no leaves torn outif he had received these monies on the 19th of September, on the
24th of November, and on the 3rd of December, it was his duty to have entered them in the day-book, and they are not entered as receivedthat was hit duty with respect to all sums received, no matter when he gave me the money.
MR. ADOLPHUS. Q. Look in your book, and tell me whether you did not on the 26th of September, receive 20l. from him as a general sum? A. On the 27th it is enteredon the 24th of November I received from him 25l., and on the 12th of December he paid a bill of Moats's for 40l.
MR. DOANE. Q. Do you find in his own books, and by his own eatries) that he had received more than those sums he paid you? A. Considerably more.
ANDREW M'GLATHERIE . I am servant to Mr. Harrison, of No. 9, Cambridge-terrace, Edgware-road. I produce a bill which came from Mr. Burnand's office with some goodsI paid the amount of it, 18s. 7 1/2 d., between the 19th of September and the 24th,. to Mr. Dearie, for my masterthe goods were had from the firm of Graham and Co.the prisoner put this receipt to the bill.
Cross-examined by MR. CLARKSON. Q. I suppose you knew nothing of Burnand? A. Nothe account is 1l. 14s. for spirits, and 2 1/2 d. a bottle for three bottles, making 7 1/2 d.this 16s. is for four dosen of porter, which my master called and paid forhe did not like the porter, and I ordered a gallon of brandy, and the porter was returnedthis 16s. was deducted from the 1l. 14s. at the time the bill was settledthese figures are the prisoner'sI cannot fix on a more definite period for the settlement than between the 19th and 24th of SeptemberI know the brandy came in, and I paid for it as soon as I could get time to goDearie did not call on me foritI paid it at the cellars, between the 19th and the 24thI cannot say how soon I paid it after we received the brandyI have no further reason for saying it was between these times, but that we generally pay as soon as the things come inI did not know Mr. Burnand at that timeI paid Mr. Dearie himselfI did not see any other person therethere might have beenDearie was in the counting-house, and I went there.
JOHN JONES . I am a surgeon, and live at Church-street, Paddington. I was in the habit of dealing with Graham and Co.I received this bill for goods I had ordered on the 24th of NovemberI paid 10s. 6d. to the porter, when I received the bill at my own door.
Cross-examined by MR. CLARKSON. Q. How long have you known the prisoner and his connexions? A. I have seen him once or twiceI do not know him.
MR. BURNAND. The receipt to this bill is Dearie's writing.
HENRY KELLY . I am servant to Mrs. Shaw, of Priory-cottage, Kilburn. My mistress received goods from Graham and Co.I paid this bill of 19s. 10d. on the 3rd of last December, to Mr. Deariehe gave this receipt at the bottom(read.)
COBORN, examined by MR. CLARKSON. Q. Were you in the service of Graham and Co. from October 1835 to January last? A. Yesin the course of the business, when Dearie went out in the morning, he was in the habit of putting receipts to several bills that were handed over to the different persons in the establishment; and when the porters, or any other Persons who took these bills out for the purpose of receiving the money, returned, it was their custom to hand over the money to any person who was presentthey were sometimes handed to Mr. Burnand or Mr. Dearie,
if they were thereMr. Dearie's duties were very considerable out of doors, and from that it became necessary for the porters to act as clerks, and Mr. Burnand saw and sanctioned thatall the porters, or Dearie or Mr. Burnand might receive moneythe books and accounts were very irregularly keptMr. Burnand knew that factI never heard the prisoner tell Mr. Burnand that he was not able to keep the books, but I considered him incapable of doing soI never knew Mr. Burnand complain of the manner in which the books were keptI have known the prisoner make payments to Mr. Burnand, at a time when the payments have not been entered in the bookMr. Hare was employed as a book-keeper, when it was found they could no longer go on without it, and while he was so employed, he occasionally received money when persons came to pay itI have seen Dearie's initials put by Mr. Burnand to the day-book, before any payment has been nude to Deariethat has sometimes happened when Dearie has been so much out of doors that he has not been at home to meddle with the books the whole dayI have bad occasion to remind Dearie of payments that he has made on account of the firm, and which ike himself had not enteredI have known occasions, when both 1 earie and Burnand have omitted, for a day or more, to make entries of the money they have received on account of the firmI remember a particular occasion, when Mr. Dearie made a payment of money to Mr. Burnand, and Dearie had not entered it, and I reminded him of it; if I had not, and he had not recollected it, that payment would have gone into Mr. Burnand's pocketit was customary for Dearie to make payments to Burnand relating to beer and spirits, in the coach factorythere was no order or regularity in the mode of making payments, or of entering them when they were madeit was very likely that a mistake might have arisen, or a payment have been omitted to be enteredI remember hearing that Dearie had made a payment for a hogshead of brandy, and he had forgotten to enter it, tad he was complaining of something that bad left his money shorthe was in the habit of trusting too much to his memoryit was not in hit power to do his business out of doors, and to keep the books as correctly as he should have donehe came in from his rounds at various timessometimes he was out all dayit is not true that he was always is by two o'clock in the dayMr. Burnand discharged him on the 16th of December, and he left on the 31stI saw them together in the connting-house on the 2nd day of January, and they appeared to be on friendly termsafter Dearie had left that day, Mr. Burnand inquired of me what Dearie was going to do, and I told him he had taken No. 1, and was about to commence businessMr. Burnand said they were very splendid premises, but he must make some cellars to themI remember Mr. Burnand sending in an account to Mr. Cordo for five gallons and two gallons of whiskeyI informed Mr. Burnsnd, at that time, that I knew the five gallons had been paidI told him if be would turn up the day-book, he would find the account paidhe would not do so, but he turned up the ledger, and found the accounts were not postedon the 4th or 5th of January, Dearie came to the counting-bouse, made some observation to me about my leaving Burnand; and after he left I went into the counting-house to Burnand, and apprised him that I should leave on the following Saturdayhe said it was very ungrateful of me to go to Mr. Dearie, who bad done nothing for me, and stood out against me all alongI remember the same evening, Mr. Burnand being jocose with
me as to the place I was going tohe asked if I should have to wash bottles out in that shed; and he said he understood from Dearie that they could not get the lease of the house settledon the same evening he tent me with a receipt to Mr. Cordo, and told me to say that Mr. Dearie had neglected to make the five gallons paid, and if he would pay the balance for the two gallons, it would make it all rightI called his attention to it in the day-book, as having been paid at that timeI referred to the day-book the next morning, and found it properly entered as paid.
MR. DOANE. Q. Did you leave Mr. Burnand's service? A. Yet,; on the 7th of JanuaryI was a cellar-man to him, and went out with parcels occasionallyI am at present in the service of Messrs. Dearie and Moule.
COURT. Q. Is the entry of the 24th of November, "Jones, 5, Church-street, "in Mr. Burnand's writing? A. It is.
MR. BURNAND. This is my handwritingafter Dearie left, I applied to Mr. Jones for the payment of that sum, some time in January, and I made this entry on the 17thMr. Jones brought the receipt to the counting-house, and said he had paid the money to Dearie.
COURT to MR. JONES. Q. Did you ever go and tell him you had paidthe money to Dearie? A. NeverI said I had paid it to the porter.
MR. ADOLPHUS to MR. BURNAND. Q. I see, from the agreement, you were to have suretieshave you had them? A. I haveI understand from Dearie that one has run away, and the other is not good for much.
HENRY HARE . I am not an accountant by profession, but I am ac customed to keep booksin January, 1836, I was called in by Mr. Burnand to make up the booksthat was the first time I was called inwhen I posted the books, Dearie was present, and was aware of what I was doinghe saw me throughout the making up of these booksI began in January, 1836, and left off at the commencement of SeptemberI posted them into the ledger up to the end of August, but I did not balance themI made out a balance-sheet up to Christmas, 1835the books were sent to me, to make out copies, at the latter end of February, in this yearI did not post them, but I made out a cash-account between the prisoner and the prosecutorI have not, in any way, altered or interfered with entries made by the prisonerI received instructions from the prosecutor's solicitor to make out copies from the entries in the prisoner's handwriting, and of sums received by the prosecutor from the prisonerI made out these copies faithfully, and to the best of my abilitywith respect to this journal, I took some blank leaves out because they were in an imperfect state, as the book came from the stationer'sthere was no entry on the leaves which I took outthere are one or two leaves out of the day-took for 1835 and 1836I know nothing of themall the entries in 1835 the prisoner checked with me, but we did not go into 1836.
Cross-examined by MR. ADOLPHUS. Q. What are you? A. A manager of a branch joint-stock bankI have been; so since October lastI was previously a clerk in that bankit has been established since Septemberbefore that, I was employed in Mr. Burnand's counting-house to keep his bookshis wife is my sisterit is impossible for me to say how many leaves have been cut out of the beginning of this book of 1835I do not know that I cut them outI am almost certain that I did notI do not know that there were entries made on them by Dearie, and made so imperfectly that I was obliged to cut them outI do not know that they were so bad they were not fit to standI know nothing about it
I do not recollect that I cut them outto the belt of my belief, I did notthe bank in which I am engaged, is the one in which my brother-in-law is a partnerI made an application for my situation, which was submitted to the Directors in generalI cannot tell that there were no entries on those leaves that have been cut out, nor for what reason they were cut outin 1836, when I was going through the accounts of 1835, Dearie was near me, and checked my proceedings as to the, cashI found there were many errors in the account, that could be set to rights on an explanation.
COURT. Q. Were there any errors against the prisoner as well as for him? A. Yes, there were.
MR. ADOLPHUS. Q. Knowing all that to have taken place in 1836, did you in 1837 make any application to Dearie, or seek for any explanation? A. I did not.
MR. DOANE. Q. Did those mistakes that were for and against the prisoner in 1835 refer to entries that were made? A. They didI do not recollect an instance as to sums received and found not to have been enteredin some instances there may have been.
NOT GUILTY .
(There were three other indictments against the prisoner, upon which no evidence was offered.)
ESSEX LARCENIES, &c.
Before Mr. Recorder.
Reference Number: t18370403-1135
1135. JAMES FARRELL and JOSEPH HYLAND were indicted for stealing, on the 18th of March, 1 pall, value 1s.; 1 stove, value 1s.; and 1 saw, value 1s.; the goods of Joseph M'Narrin.
JOSEPH M'NARRIN . I am a carpenter, and keep a beer shop, at Chingford, in Essex. On the 17th of March I had an iron stove, a saw, and a pall in my workshop, and missed them on the 18th.
WILLIAM HUMPHREYS . I live at Chingford. On the 18th of March, a few minutes before three o'clock, I went to the prosecutor's, and saw Farrell putting the pall into a cart which stood opposite Mr. M'Narrin's houseI went to him, and said, "Where did you get this pall from?"at first he made no answer, but at last he said, "Down here"I pulled it out of the cart, and said, "Now you take it back to where you got it from"he took and put it down in the yard by an old bay tilt, and said, "Joseph Hyland told me to put it into the cart, and the old hay tilt"the name of "Joseph Hyland" was painted on the cartI went into M'Narrin's house, and asked Hyland how he came to encourage a child like Farrell to be a thiefhe made me no answer to thatI then asked him his namehe told me to go and look on the cartI said, "Suppose I can't read, then I shan't know; have you not got a name?"he said, "No"I went and looked at the cartit had some bones and bits of old iron and metal, and the stove and saw in itthere was a sack of bones on the top of them, but it did not exactly conceal them.
JOSEPH BUNYAN . I am in Mr. M'Narrin's service. On the 18th of March I was in the workshop about ten o'clock, and saw these articlesabout three o'clock in the afternoon the prisoners were in the beer shop, drinking togetherI returned to the shop in about half an hourI examined the cart, and found the same stove and saw there which had been in the workshopI had seen the cart there, I suppose, about an hour.
Hyland. He was in the public-house at the time I was inI can be
on my oath that I never went out of the public-house from the time I went in.
JOHN SMALL . I am a constable of Chingford. I went to the prosecutor's about four o'clock and took the prisoners, and received the propertyFarrell said that Hyland told him to put the pall and hay tilt into the cart.
COURT to J. BUNYAN. Q. Could Hyland see from the beer shop what was going on at the cart? A. YesI suppose the cart was not four yards from the windowhe was standing looking out of the window.
FARRELL GUILTY . Aged 11.Recommended to mercy by the Jury.
Confined Seven Days.
HYLAND GUILTY . Aged 17. Confined Three Months.
Before Mr. Common Sergeant.
Reference Number: t18370403-1136
1136. WILLIAM FIELDING was indicted for stealing, on the 9th of March, 1 fowl, value 2s., the property of Charles Ellis.
CHARLES ELLIS . I live at Stratford, in Essex. The prisoner's house looks into my yardon the 9th of March I saw him throw some crumbs to my fowls, and entice them under his windowI then saw him take one in at bis windowhe appeared to me to break its neckI sent for the constable, who found the fowl thereI had lost nine or ten fowls before.
Prisoner. I bought the fowl the same morning.
JAMES SMART . I was sent for by EllisI went to the prisoner's house, and found the fowl on his person, tied up in this handkerchiefit was just killed, and quite warmit was buttoned up in his coathe bagged to be forgiven, and said it was the first one he had taken.
(The prisoner received a good character.)
GUILTY . Aged 19. Confined Two Months; One Week Solitary.
KENT LARCENIES, &c.
Before Mr. Sergeant Arabin.
Reference Number: t18370403-1137
1137. JOSEPH MEADS was indicted for embezzlement.
JAMES MARSDEN . I am a lighterman and coal-merchant at Bermondsey. The prisoner was in my employ at 30s. a weekI never empowered him to receive moneyit was not his duty to receive moneyhe merely worked for me as a lighterman.
NOT GUILTY .
Before Mr. Common Sergeant.
Reference Number: t18370403-1138
1138. EDWARD LEE was indicted for stealing, on the 13th of March, 2 baskets, value 2s.; 1 sack, value 2s.; and 1 sieve-cloth, value 64.; the goods of William Wright.
WILLIAM WRIGHT . I reside at Charlton, and am a market-gardener. I never authorised the prisoner to get any basket from Mr. Gurney'sI never saw him before.
THOMAS GURNET . I am a green-grocer. About six or seven o'clock in the evening of the 13th of March, the prisoner came and demanded two baskets and a bag that I had on the Saturday, belonging to Mr. Wright, and they were delivered to himhe took them awaythe two baskets were marked with the name of Wright, in red letters, and the bag and cloth had the name in full in red lettershe wanted a leg of pork as well, and as he was going away, he said his master had told him to get 2lbs. of tobacco, but he had not told him where; and I sent him
to Mr. Machin, who is a respectable tobacconist, and he had 21bs. of to bacco; he had got no money, and then he sent down to me, and I said I would pay for itI paid 7s. 6d.
Prisoner. I never went at allhe has mistaken me for somebody else. Witness. I am positive to the manI recommended him to go to Mr. Machin for the tobacco, and Mr. Yarley, his shopman, came to me.
CHRISTOPHER VALEY . On the evening of the 13th of March the pri soner came to the shop, and asked for some tobaccohe could not pay for ithe said Mr. Gurney would pass the word for himI went round to Mr. GurneyI am certain he is the person.
WILLIAM KIRBY (police-constable R 186.) I saw the prisoner about an hour after this transaction on the Kent-road, and I perceived he had something buttoned inside his waistcoatI asked what he had gothe said, "I shall not tell you"I insisted upon knowinghe turned round, and looked at me, and said, "Oh, it is my old friend," and ran offI got him stop ped, and he threw something into a stream of water, which was running very rapidlyI could not find any thinghe asked me to let him goI said, "Certainly not"a man passed, with some baskets on his headhe called out, "Hey! Mark! Mark!"walked on, and did not stophe said, "That is my partner; we get our living by selling things about"in searching him I found this bill of the tobacco.
Prisoner. It was not more than twenty minutes after seren o'clock when he stopped me.
GUILTY . Aged 18. Confined Six Months; Four Weeks Solitary.
Reference Number: t18370403-1139
1139. MARY WOOD was indicted for stealing, on the 23rd of March, 1 pair of trowsers, value 16s., the goods of John Moore and another.
JOHN MOORE . I am a pawnbroker, rending at Woolwich, in partner ship with Thomas Parry Burts. On the 23d of March I lost a pair of trowsers, which were safe about half-past seven o'clock, hanging up inside the shop, about seven feet from the windowthe prisoner could not reach them from the doorI missed them in about ten minutes afterI made it known to the other pawnbrokers, and in twenty minutes I saw them againthese are them.
JAMBS CHAMP . I am shopman to Mr. Davis, a pawnbroker of Wool wich. On the evening of the 23rd of March, at eight o'clock, or a little after, the prisoner brought these trowsersI had received information beforeI laid them down on one side, and sent for Moorewhen he came the prisoner had run awayI did not charge her with any thingI have not a doubt of her person.
CHARLES STEWART WARDEN . I am a constable. I went to the pri soner's house, and took hershe said she had not been out that eveningI took her to Mr. Champ's, and he identified her.
Prisoner. I was at home at the timehe has known me many years.
Witness. I have known her twenty yearsI never knew any thing of this kind against her before.
NOT GUILTY .
Reference Number: t18370403-1140
1140. THOMAS JACKSON and JOSEPH COLLINS were indicted for stealing, on the 22nd of March, 1 1/2 bushel of beans, bran, and hay, mixed together, value 1s. 6d., the goods of William Carpenter, the master of the said Thomas Jackson.
MR. DOANE conducted the Prosecution.
ROBERT BUTCHER . I superintend the business of Mr. William Carpenter,
a miller at Greenwich. Jackson was his carteron Wednesday, the 22nd of March, I observed Jackson at the stable, between one and two o'clockhe filled his nose-bogs with food, and brought them outI had cut a piece of white paper up in pieces, and mixed it with the food in the stable, and in the loft as wellthe nose-bags appeared fullhe had no right to stop at the Kent-road in going upthere was no occasion for doing soI saw the pose-bags filled that day with a mixture of brans, bran, and clover, a sample of which I have nowI found some of the pieces of paper in itthere is clover hay and meadow haythere are three or four sorts of haythis is a sort of hayit corresponds with what I have.
Cross-examined by MR. PHILLIPS. Q. Was not the mixture opened at the office? A. YesI brought a parcel of pieces of paper to the officeit was said that some of them dropped into the sackI was taxed before I left the office with putting tome inI took up four or five pieces, and put them into the sackI did not drop tome pieces in before thatwhen it was opened the by-standers said something, and I did not go on with it, but when I picked them up, I believe that I picked up those that had fallen outthere were a few papers leftI took them merely to show, and when the parcel was handed to me some of the pieces fell out on the floorI do not believe I held them over the sacki was asked not to do soI swear that no papers went from the sample in to the sackI should think the sack stood a yard off meI swear I did not hold my hands over it with the papers, before it was examinedI had a blue sample paperit was net examined over the sack by me, nor by any oneI believe Mr. Palmer spoke to the Magistrateafter he stopped me I paid no attention to whether he complained or not.
MR. DOANE. Q. Had these pieces of paper the stightest reference to the sack produced by Wild? A. I put them only into one sackI put fearer five pieces into one, but more into the other.
JAMES WILD (police-constable R 141.) I received instructions from Mr. Butcher on Wednesday the 22nd of March, and followed Jackson with his wagonhe delivered some flour just by the half-way house in the Kent-road, and from there went to the White Swan, and Collins was standing by the horse-trough outsideJackson went and spoke Co Collins, and train there he went into the public-house; when be came out, I saw Collins give him a dark sack, and Jackson threw it into the hind part of the wagon on a sack of flourJackson and the boy then drove offI followed him till 1 got to a street, near Red Lion-squarehe delivered some flour these, and the boy put the nose-bags on the horsesthey were put on again at Windmill-Street, at a baker's-shop, when they were taken off for the last time, they then appeared about half fullthere were three horsesI then followed him into Chancery-lane, and there Jackson got into the wagonI followed him down to Fleet-street, and there got quite abreast of the wagon, and from the lights of the shop on the other side of the way, I could see Jacks on shaking something into the sackI followed biro till they came near the White Swan, in the Kent-roadjust before that, Jackson got out of the wagonthe boy drove the horse up to the door, and Collins was thereJackson went and spoke to hima carrier's cart was then going by, and when it passed, I saw Collins with a sack on his shoulder, close to the tail of the wagonI followed him down into the stable yard, and saw him go up a flight of steps, into a loftI did not see the nose-bags put on againwhen I came down after seeing Cull ns come down, from the loft, I went into the road again, and felt the nose-bags, which had been then put on the horses
there was not I suppose half a pint of food in eachI gave information, and the next day I took CollinsI asked him whose stables they werehe said hisI said, "I suppose every thing belongs to you?"he said, "Yes"I said, I was an officer, and intended to search his stableshe said, "Very well"I went up to the loft, and looked into a tub, four or five yards from the door, and found some food there, correspond ing with Mr. Carpenter'sI asked whose it washe said he bought it at the shopI said, "Whose shop?"he said "What is that to you?"I was before the justiceI had one sack, and Dyke the other, and in show. ing the sample out of the sack, Mr. Butcher produced several pieces of paper, and there was no great quantity of foodthe paper in it fell on the floor, and then I tied up mineMr. Butcher stood about a yard or two from my sackit was in Dyke's sack that tome pieces were put.
Cross-examined. Q. You took him on the Wednesday? A. No, on the Thursdaythe first time I saw him was on WednesdayI saw the corn taken into the loft on Wednesday eveningDyke took the man into cus tody on the Thursday with a sack, as he was going up the ladderI did not follow Collins up into the loftI was in plain clothesCollins spoke to me that night, and I said it was a cold nightI did not follow him up, because I could not swear he took it from the wagonI cannot say whether Jackson may have given it to him, as the cart passedI lost sight of the tail of the wagon for a moment or twoI will not undertake to swear that I saw Collins put his hand into the cart at allJackson may have separated it from the wagon, and given it to Collins.
NOT GUILTY .
Reference Number: t18370403-1141
1141. THOMAS JACKSON was again indicted for stealing, on the 23rd of March, 1 bushel of beans, bran, and hay mixed together, value 1s., the goods of William Carpenter, his master; and JOSEPH COLLINS and THOMAS SHERMAN , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
JAMES WILD (police-constable R 141.) I had tome information, and on Thursday morning I followed the wagons with Dykethey got to the White Swan, Kent-road, and there they drew them up, and the boy belonging to each wagon took the nose-bag from the hind part of the wagon, sad put them on the horses' headsthey staid, I should say, about half an hourJackson, the driver, went into the houseI did not see either of the other prisoners, but I saw Collins before they drew off againwhen they first drew up I did not see himhe was at the doorI saw him and Jackson standing close togetherI could not swear that they spokethey stood four or five minutesJackson stood behind the wagonI left Jackson and Collins in company at the Swanwhen I got to the Elephant and Castle, I saw Jackson coming in a one horse cart and overtake his wagonI followed his wagon, and saw the nose-bags put on the horses again in Berwick-street, Sohowhen the boy took them off the last time up at Portland-market, the bags seemed half fullthe boy put them into the hind part of the wagonthe bags were not put on afterwhen the wagon got to Bethlehem Hospital, I saw Jackson get inside the wagonI got alongside the wagon, and saw him shaking something into a sack, as he had done the evening beforeI could see he had a nose-bag in his handI followed him till he came to the Swanhe got out just before they got to the Swan, and the boy drove the horse up to the horse-troughthe other wagon had got there firstwhen I got there, I was about to cross the road, knowing that the boy knew me well, and as I crossed the road over to a
beer shop nearly opposite Dyke; called to me, which induced me to look under a hay-crib close to the tail of the wagon, and there I saw a sackthe wagon did not drive offI got inside the beer shop door, and by the carte going backwards and forwards, and by a multiplicity of persons, somebody moved the sack without my seeing it, and I crossed the road with Dyke, and saw the sack on a pile of birch broomsit was rather better than a quarter fullI did not see who put it there, nor who took it out of the cartI never left light of the sack till Sherman came and took it off the brooms up to the stablehe was going up the tame ladder into the loftthis was at half-past twelve o'clockthe wagon had been gone four or five minutes before SherI man took the sackI never lost sight of the sackthe brooms had been movedsome man came and took themDyke took Sherman into custodyI was at the foot of the ladder when be went upI took Collins the same day, and found the food that has been producedCollins said he purchased itI found some food in the loftCollins said he knew nothing of the sack that Sherman had.
COURT. Q. Did you see Collins on this occasion? A. I saw him in the morning, when the wagon drove uphe was outside by the honetrough when the wagon got back againwhen the sack was taken out, he was on the pavementI cannot say whether he was there all the time.
Cross-examined by MR. PHILLIPS. Q. You were there when this wagon drew up to the Swan? A. YesCollins was outside the door, Bear the horse-troughthe wagon drew up about two yards from himit might not be so muchwhen the horses drew up to the horse-trough he was on this sidethe trough is about a yard and a half from the wagonI Dyke called to me about three minutes after the wagon stoppedat that tine I did not see where Collins was, on account of (he carts and wagons between us.
COURT. Q. Collins was outside when the wagon drew up and went off? A. Yes.
WILLIAM DYKE (police-constable R 100.) I accompanied Wild on Thursday, the 23rd of March, to follow two of Mr. Carpenter's wagonsI followed one to Chelseawhen I came back to the Swan, I observed the wagon I had followed, draw upI went into a beer-shop, and placed myself at the windowin ten minutes I saw Jackson at the back of the wagonCollins was near another horse's headI saw him speak to Jacksonthen Collins went into the road, and looked right and left; during the time he was in the road, Jackson drew a sack from the hind part of the wagon, and put it, underneath the hay-cribonly a word passed between Jackson and CollinsCollins then came back, by the tail of the wagon, and into the footpathhe spoke to Jackson in the footpath, but Jackson took the sack before thatI have always said soI am quite sure the sack was thrown down by Jackson while Collins was in the roadit was thrown underneath the hay-cribI then spoke to WildCollins and Jackson went together towards the house, and the wagon went offafter some time the sack was re moved, and I saw it by the side of the wall on the top of some broomsI did not see who put it thereCollins and Jackson walked towards the public-housethe brooms were removed before the sackSherman took the sack, and went down the yardI took him going up to the loft with the sack on his shoulderI asked what he was going to do with it, and who it belonged tohe said he did not knowI said I knew where it came from.
Cross-examined. Q. Waa what you swore before the Magistrate taken down
in writing? A. It was, and read over to me, and I signed itI said (reads) "After looking up and down the road, Collins returned to the tail of the wagon againhe again spoke to Jackson, and Jackson immediately drew a sack from the tail of the wagon."
COURT. Q. Was Collins present, or had he left Jackson, when he pulled down the hay? A. He had left him.
GEORGE KNELLER . I drove the horses of Jackson's wagon on the 23rd of March. I went to Portland-marketI took the nose-bags off themthey were about half fullI did not put them on againI saw the nose-bags when I got home, there was not a couple of hand fulls then.
ROBERT BUTCHER . I saw the sack producedMr. Carpenter has food of this kind for his horsesit is a mixed kind of hay, beans, and cloverwe have much food of that kindit corresponds in every particularI put some papers into the bulk on WednesdayI have no doubt it belongs to Mr. Carpenter.
(Collins received a good character.)
JACKSON GUILTY . Aged 32.
COLLINS GUILTY . Aged 32.
Confined One Year.
SHERMAN NOT GUILTY .
SURREY LARCENIES, &c.
JAMES GREENACRE was attainted of wilful murder; and SARAH GALE as accessory. See page 856.
Before Mr. Recorder.
Reference Number: t18370403-1142
1142. JOSEPH HOLDEW was indicted for stealing, on the 5th of March, 8lbs. weight of pork, value 4s.; 2 dead rabbits, value 1s. 8d.; 3 black puddings, value 4d.; and 1/4 lb. weight of bacon, value 2d., the goods of John Symes, his master.
JOHN SYMES . I am a porkman, and live in Lambeth-walk. The prisoner was in my service for about six monthshe had leave to go home on the morning of the 5th of March, and I round him at the station-house. that day with all these articles, which are minehe made the black-pud dings himselfI am positive the pork is mine, and the rabbitsI could not miss any rabbits, not knowing bow many I had.
Prisoner. I took the black puddings and bacon for my supper. Witness. He had no right to take any thing away without producing it to me.
THOMAS GOOSE (police-constable L 13.) I apprehended the prisonerabout half-past one o'clock on Sunday morning the 5th of March, on Lam beth-green, about 200 yards from the prosecutor's house, coming in a di rection from itI stopped him, and asked what he had gothe said, "What do you think? I have got my great coat"I said "Nothing else?"he said, "No"I snatched the coat out of his arm, and two dead rabbits fell outI said, "What have you under your arm?"he said, "Nothing and immediately let 8 1/2 1bs. of pork fall from under bis right armI said. "Where did you bring this from?"he said, "What odds is that to you?" I said, "I must know before I let you go"he said, "To tell you the truth, I have brought them from my master, in Lambeth-walk, and I hope you will let me go, or you will ruin me."I said, "You must go to the station-house"he said, "Pray don't, and I will give you all the money I have in my pocket"I found the bacon and black-pudding in his pocket.
Prisoner. I did not say I brought it from my masterI said I worked
for him. Witness. You said you brought it from there, and stole it from him.
GUILTY . Aged 48. Confined Three Months.
Reference Number: t18370403-1143
1143. THOMAS HUGHES was indicted for stealing, on the 31st of March, 1 pair of shoes, value 3s. 6d., the goods of John Christopher Woollacott, his master.
DANIEL ROBERTS I am in the employ of John Christopher Woollacott, a boot and shoemaker. The prisoner was his errand-boy, and was seat to fetch coals from the cellar in the morningthere was a pair of sheet in the cellarI watched himI saw him go down stairs between four and five o'olock in the afternoon, and when he came up from the cellar he went outI followed him to the pawnbroker's, and he offered them in pledgethey were master's shoesthese are themthey are ladies' shoesI know them to fee Mis makethey must have been concealed in the cellar, to be earned away at a convenient timehe had 3s. a week, and did not board in the house.
EDWARD M'DONNELL . I am a policeman. I took charge of the prisonerhe said he took the shoes because he was hungry.
(The prisoner pleaded poverty.)
GUILTY . Aged 12. Confined One Month.
Before Lord Chief Justice Tindal.
Reference Number: t18370403-1144
1144. EDWARD M'QUILLAN was indicted for stealing, on the 2nd of March, at St. Mary, Lambeth, 2 bags, value 2d.; 23 sovereigns, 8 half-sovereigns, 2 crowns, 87 half-crowns, 83 shillings, 15 sixpences, and 1 £5 note; the goods and property of James M'Quillan, in his dwelling-house.
JAMBS M'QUILLAS . I am a taker, and five in Rast-street, Lambethwalk. The prisoner is my brotherin the beginning of March I had between 38l. and 39l. in my drawer in the parlour, which was lockedthere was a£5 note, the sovereigns and half-sovereigns, in one bag, and some silver in anotherI was going to pay a bill that evening, and I counted what money I had in the bags, between ten and eleren o'clock that morn ingI locked the drawer, to the best of my opinion, but I will not say positivelyI am not able to say what quantity of gold or silver there wasI missed all the money between two and three o'clockI found the bolt of the lock shot out then, but it was not in its proper place beforeI saw the prisoner that morning, between toft and eleven o'olockhe was fitting in the room when I went outto was not in the room when I was looking at my money, but he came in directly afterthe drawer was then closedI was just preparing to go outI went out, leaving him in the roomI came home about one o'clock, or a little after, but took no notice of any thing thenhe was still in the parlourI went out again, and came back a little after two o'clockthe prisoner was not there thenI noticed the bolt of the lock pressing against the outside of the drawer, and missed the hags and moneyI saw the bags next day, before the Magistrate at Highgatethe prisoner was then in custody.
Prisoner. Q. What tort of stuff were the bags made of? A. Canussthere was no particular mark on themI swear they are minethey were tied with a piece at brown tape, at these areI had them made in the house, by my wife, and I hate had them about eight monthsthey were made just in this wayI usually kept them in the drawer, and
saw them two or three times every dayI do not know the number of the noteI think it was on Wednesday I missed my money.
DANIEL MAT . I am a constable of Highgate. I was sent for to the Woodman public-house, at Highgate, on Thursday the 2nd of March, about half-past seven o'clock in the evening, and saw the prisonerthe landlord told me he had been calling for liquor, and had been throwing a great quantity of money about in front of the barthe prisoner was very much in liquorI searched him, and found these two canvass bags on himin one bag was twenty-three sovereigns and eight half-sovereigns, and in the other was 6l. in silverI did not find a£5 noteI found 18d. in copper on him, and about 28s. 6d. in silver loose in his pocket, and a half-sovereignin searching him I found a coach-ticket, which has on it, "Mr. M'Quillan, out to Liverpool, by Star coach, paid 2 and on the back, "From the Angel Inn, Islington"I asked the landlord if he could lodge himhe said no, and I took him to the Wrestlers, and got him a bed for the nightI went to him next morning, between eight and nine o'clock, and asked him how he came into possession of so much money, and was chucking it about in that careless sort of wayhe then told me the money was all right enough; I need not be afraid of him, it was money he had worked hard forI said, "Well, I am not at all disposed to believe what you say; I shall not give up the money till I take you before a Magis trate"he then told me he had lent his brother 42l. two years ago, that his brother had paid him, and he was then on the road to Ireland"he said his brother was James M'Quillan, a baker, No. 122, East-street, Lambeth-walkI took him before the Magistrate that morning, and went to the Angel booking-office, and then to the prosecutor, who came before the Magistratehe gave his evidence, and the prisoner was committed.
JAMES M'QUILLAN re-examined. I think it was the 1st of March I lost my moneyit was the day before I was examined before the Magistrateon Wednesday, I believethe prisoner had never lent me 42l.
Prisoner's Defence. He says he lost his money on Wednesday, and I was taken on Fridaythere is no mark on the bag.
(Colonel James Ormsby, Thomas Carroll, and the prosecutor deposed to the prisoner's good character.)
GUILTY .Recommended to mercy by the Prosecutor and Jury.
Transported for Life.
Before Mr. Sergeant Arabin.
Reference Number: t18370403-1145
1145. HANNAH GORMAN was indicted for stealing, on the 1st of April, 4 spoons, value 22s.; and 1 pair of sugar-tongs, value 8s.; the goods of Stephen Lowdell Beaston, her master.
STEPHEN LOWDELL BEASTON . I live in Thornton-street, Southwark. The prisoner was my charwoman for about six monthson the 1st of April I lost four spoons, and a pair of sugar-tongsthese are themI know them by the make and my initials.
WILLIAM BLAY . I am a pawnbroker in Free-school-street, Horsleydown. I produce a spoon, which was pawned by the prisoner on the 1st of April.
JOHN PIGEON . I am a policeman. The prosecutor informed me of his loss, I accompanied him to the prisoner's mother's, and asked the prisoner about the spoonsshe denied all knowledge of itI found a piece of new net in her pocketI took her to the pawnbroker's, and they recognised her as having pawned the two spoonswhen she came out, she acknowledged having pawned different spoons, and told me where she had
pawned themshe named four different pawnbrokers, and there I found these spoons and sugar-tongs.
Prisoner. I did it through distress.
(The prisoner received a good character.)
GUILTY . Aged 17. Confined Three Months.
Reference Number: t18370403-1146
1146. ANN FLATTEN was indicted for stealing, on the 2nd of April, 2 half-crowns, the monies of Charles Stewitt, from his person.
CHARLES STEWITT . I am in the Artillery. On the 3rd of April, between one and two o'clock in the morning, I met the prisoner over London-bridge, as I was going to Woolwichshe asked me to give her a gists of ginI gave her a pint of ale, as the publican would not draw any ginshe took me down a courtI had two halfcrowns and 3d. in half-pence in my jacket pocketwe stood talking togethermy jacket was undone, and she got her arms round meshe then left meI put my hand into my pocket, and found all my money goneI spoke to her about ita policeman came up, and I gave her in chargethe halfpence were found on the groundthe policeman found the two half-crowns on herhow dropped out of her shoe, about ten minutes after the othershe had denied having any money.
SIMON SAVORY . I am a policeman. The prosecutor called meI found him and the prisoner up a courthe charged her with stealing two half-crownsI found 3 1/2 d. on the groundshe denied having any money, but on going to the station-house, she admitted having taken itI took off her shoes twice at the station-house, but did not find it; but on putting on her shoe, one half-crown dropped out from between the lining, and the other was found between the two soles.
Prisoner. I am very sorryI hope you will look over it this timeI was very much distressed.
GUILTY .* Aged 25. Transported for Fourteen Years.
Before Mr. Justice Littledale.
Reference Number: t18370403-1147
1147. SIMMONS STAMMERS was indicted for feloniously killing and slaying William Thomas Wright.
MR. CLARKSON conducted the Prosecution.
SARAH PAULS . I live in Collyers'-rents, Southwark. I knew the de ceased, William Thomas Wrighthe lived with hit parents in White-street, and was ten years old the day this happenedon Friday afternoon, the 3rd of March, I saw him playing at shuttlecock in Collyer's-rents, with my little boy and another, near the residence of the prisoner, who has the care of a chapel and burial-ground in Collyer's-rentswhile they were playing, the prisoner came out of his door, and ordered them to go away from the doorthey did not do sohe turned round, went in doors, got a small stick, and beat the deceased from his own door till he got to the end of the rentsthe blows did not hurt him, they were not heavy, from the stickwhen he got to the end of the rents the boy fell downhe got up again, and then struck the prisoner with a small stick he had, which he was playing at shuttlecock with; a sort of battledoorthe boy then got up and ran away across the roadthe prisoner ran after him and knocked him down with his open handhe struck him over his head, and the boy fell, and while he was on the ground the prisoner kicked himI am sure I saw him kick him, and to the best of my recollection it was in the right sideit appeared to be a very violent kick, from the manner of his, footwhen
the boy got up he could hardly walk, and doubled himself uphe got up as well at he could, and took a handful of dirt or mud in his hand oat of the road and threw at the prisonerthe boy came back to my doorI said, "William, don't throw the dirt at the man, let him go"he stood at my door crying for some time, with the pain in his sidehe appeared hurt, and cried terriblyhe went home some time afterwardsI had known him for some timehe appeared invariably in good health, and was a fine boywhen the prisoner gave him the kick, I said he was a good-for-nothing scoundrel for using the boy in the manner he had doneI did not complain of his beating him with the stick; that would have done no harm, it was the kickI did not see the boy again till the Thursday after, when I saw his mother bringing him from the doctor's, and she was obliged to have a friend to help herhe was then complaining of his side, and was quite stoopinghe could not get alonghe died on the 28th of MarchI saw him after he was deadit was the same boy I had seen kicked by the prisoner.
Cross-examined by MR. DOANE. Q. Are you quite sure what you have been describing took place in March, and not in February? A. On the 3rd of Marchit was not in FebruarySarah Watts was present at the time, and saw it allI was standing at my own doorI did not see the boy throw any thing against the chapel doorI have seen other boys do itthey were playing facing the prisoner's door, below the chapel, not many steps from itthe boy fell down first, and was knocked down afterwards, when the prisoner struck himI was almost close to him when he kicked the boythey were on the flag-stones, and I was in the carriage-way, close to themthe prisoner was running after the boythe boy was knocked down, and he kicked him while on the groundhe was running when he struck him with his open bandthe moment the boy was down, the man kicked himhis foot did not come in contact with the body in runninghe made a full stop, stood on one foot, and kicked him with the otherI have never expressed any ill-will towards the prisonerI never said to Mrs. Harriott, "D the b, I hate him"Mrs. Harriott is a neigh bour of mine.
MR. CLARKSON. Q. Did the kick you saw given, appear to you to result from his stumbling over him accidentally, or was it a kick he gave him after be fell? A. A kick he gave him after be fellit was that induced me to call him a good-for-Dothing scoundrelit was about a quarter or half-past four o'clock in the aternoon of Fridayhe had beaten the boy on Tuesday, the 28th of February, for playing about there, but he did net kick him at all then.
MARY WATTS . I am the wife of William Watts, and live next door to Mrs. Parks, in Collyer's-rents. I do not remember the day this happened, bat between four and five o'clock, one afternoon, about three weeks ago, I heard a noise in the streetI went to the door, and saw the prisoner beating the boy down the rents with a stick, but not in any way to hurt himhe beat him down to the end of the rents, and the boy then fell downhe got up and crossed the roadhe beat him again, and the boy went down again, but whether the prisoner knocked him down I could not saywhile he lay on the ground I saw the prisoner kick himI should say he kicked him with the violence of passionhe appeared in a passion, and it was a violent kickit appeared to me to be done on purposethe boy got up, went across the road, picked up some stones or dirt, and threw at the prisonerhe put his hand to his side as if he was hurtI had seen the
prisoner beat the boy before, tort I thought he was his fatherI never saw him kick him before.
Cross-examined. Q. You do not recollect the day of the month ok week? A. Nothere were a great many people about at the time, but I do not know themneigthours and children, and people passing and stopping.
MARY ANN WRIGHT . The deceased was my son; his name was william Thomas Wrighthe was Leo years old on the 3rd of Marchhe came home about dusk that evening and complained of being poorly, he sat about a good deal, and went to bed earner than usualup to that time hit health was particularly goodhe was a fresh-coloured, healthy childhe never complained of any injury to his side beforethe following morning, at nine o'clock, he refused to go to school, saying he had great pain when be moved his right leg; but I said it was growing pain, and insisted on hit going, and he did go, he returned about twelve o'clock, and still complained of pain up his side when he moved his right leghe did not get any better, but gradually worseabout three o'clock on Sunday morning I was awoke by his retching violently, and I went to himhe still complained of pain in hit sidefinding he got no better, on the following Thursday I took him to the Surrey Dispeasaryhe was there treated by Dr. Hughesin consequence of what my little boy said, I went to the prisoner's house the same Thursday, and he was whitewashing the front of his houseI asked him if I could speak to the landlord, a person of the name of StammersI did not know him at the timehe said his name was SummersI then said, "Sir, how came you to ill-treat and kick my child in the manner you have done?"he said he had beat him, but not kicked him, and if I did not go from hit door he would charge the police with meI said that he might do, and welcomeI did not at first think the boy was so dangerously hurt, but he complained so of his sidehe was under Dr. Hughes's care till the 28th of March, and them he diedhe complained of pain all over his belly at lastI am not aware of the least injury he had received, or any derangement of his general health, until Friday, the 3rd of March.
HENRY MARSHAL HUGHES , M.D. I am attached to the Surrey Dispcuary. I knew nothing of the boy until the 9th of March, when his mother brought him to me at the Surrey Dispensaryhe complained of a severe pain in the right sideit affected his gait considerablyhe leaned forwards on his right side, with his hand pressed towards his side, as if suffering from painI sent him home and examined him in bedI found no bruise or external mark of violenceoa applying my hand to the part where he complained of pain, it yielded lest than the ether partsit was swollen, hard, and tenderhe could not bear the pressure of my hand on it without sufferingI heard that he complained of pain in moving his right legpain would certainly follow on moving the right legthere was at that time no appearance of general inflammation about the belly, merely local inflammation on the part where the swelling washe did not appear to be going on well at firstI applied such remedies as I thought proper, and he appeared improvingthe local affection extended and became general, and he became much worse alter I first saw him, but after several days he improved, and after that he again became worsethe inflammation, when I first saw him, was defined and local, but on the second day it had extended over the whole belly and abdomen, and became a constitutional oneit yielded to remedies after seven days, but he afterwards became Worse, and
an opposite state of things was induced, and had violent purgings of a peculiar character, denoting a very severe affection of the bowels; not necessarily inflammation of the lining of the bowelsthis continued unchecked by medicine, and after several days the boy sank, exhausted from the contiderable discharges he had sufferedwhen I first saw him on the 9th of March, I did not discover any constitutional derangement about himall I found was the local affectionhe died on the 28th of March, exhausted from the dischargesI made a post mortem examination of the body twenty eight hours after the time I heard he had diedon opening the belly I found on the right side a large well defined cavity, containing a few ounces of fluidat the bottom of this cavity were three ulcerated openings into the interior of the bowelsthe bowels in the centre, and on the left side, had traces of inflammation of a more recent character than that producing the cavity before mentionedthe liver participated in the inflammation affecting the bowelsthe midriff or diaphragm was likewise inflamed and ulcerated, as was the lung in immediate contact with itI noticed several other circumstances, but I am not aware that they bear on the case.
Q. Supposing the boy had received a severe kick on the 3rd of March, to what cause should you attribute his death? A. To inflamma tion, produced by the kickif I had evideuce that he had a kick, undoubtedly 1 should ascribe it to thata kick given as described by the witness would clearly account for the original appearances, and those which followed until he died.
Cross-examined. Q. Might all you observed be accounted for by natural causes? A. It mightit is quite possibleit would not necessarily follow that if he had received a violent kick six days before I saw him, that there would be an external mark or bruisethe probability is, that there would be some external signthere was no appearance of discolouration or braise.
Q. If he had received a kick in that place three weeks before, would not the discolouration be less apparent? A. Certainly; the appearances might possibly be produced by a blow which was not violent, as serious consequences sometimes follow slight injuries.
MR. CLARKSON. Q. Supposing you had never heard the boy had received a kick, you would probably have attributed his death to natural causes? A. I should have inquired if he had not received external violence, from my suspicions being excited that external violence had been in flictedin my opinion, external violence was the cause of the injury he received, which ended in deathit is not at all probable the injury could have been inflicted three weeks previous, without the boy's making a complaintin all human probability he would have complainedit is highly probable that external violence would be followed by violent pain almost immediatelyI attribute his death to violence, certainly.
JURY. Q. If the effects were produced by natural causes, would the patient have suffered the same degree of pain as if occasioned by external violence? A. If the affection had arisen from common causes, the feeling would be the sameI say it is possible it might arise from common causesthe whole of the symptoms, the degree of pain, and every circumstance connected with it, might have arisen from common causesbut the high probability is, that it was from external violence.
MR. CLARKSON. Q. Could you discover any derangement in the con stitution or system of the boy, to account for its having arisen from natu ral causes? A. Certainly not.
Witnesses for the Defence.
GEORGE PEACOCK . I live with my father, who is a green-grocer in White-street, which is right opposite Collyer's-rents. I knew Wright the deceased; our trucks were kept down the yard where he lived, and I have often seen him go by to schoolon the 16th of February, the day Mr. Woodgate was buried, I saw him down the hop yard, fighting with a lad much about his own size and agea number of others were assembled round to see themI saw them fighting, and he and the other boy both fell down togetherI did not see any blow given, or any thing done when they were downthe boys picked them up again, and they continued fightingleft them fighting, and came awayI did not see justly where Wright was struckhe was hit about the body, two or three times, by the other boyI did not hear him complain of any blowsI saw him receive several blows on the bodythey were fighting and hitting one another.
MR. CLARKSON. Q. When did you first hear you were to be brought here as a witness? A. Last weekMr. Hunt, the minister of the chapel, came to mehe said he was informed by young Court, that I was looking onI bad been in the habit of playing down Collyer's-rentsthe prisoner did not cone out to meI am fourteen years oldI saw the boys fighting for about five minutes.
WILLIAM COURT . I am ten yean oldI live with my father and mother, in Collyer's-rents. On the 16th of February, the day Mr. Woodgate the publican was buried, I saw Wright fighting with another boythe other boy fell on Wright with bit knee, and punched him in his right sideWright put his hand to hit right side, and did not say any thingthat was immediately after I saw the punchthey-fought a long while.
MR. CLARKSON. Q. How near do you live to the prisoner? A. Facing the chapelI used to go to the chapel, but I do not nowI did not go before the CoronerI was first asked about this on Monday or Tuesday, by Mr. Tibbs, the clerk at the chapelI believe I told my mother about it last Saturday nightit was a short fightI do not know the name of the boy who fought with himthe fight lasted about half an hour or a quarter of an hourhe got the punch in his side in the middle of the fighthe got up and fought after the other knelt on himthey did not have above two or three rounds after thatthere was eight or tea rounds altogetherI saw him again two or three days after, playingI saw him nearly every day afterI cannot say whether I saw him on the 3rd of MarchI was in the habit of seeing him playing at battledoor and shut tlecock, by the chapelthe prisoner used to come out and drive him awayI never saw him beat himI saw him at play three or four times after the 16th of February.
(The prisoner received a good character.)
GUILTY . Aged 47.Recommended to mercy. Confined Six Months.
Before Mr. Recorder.
Reference Number: t18370403-1148
1148. MARY ANN FOLLEN was indicted for stealing, on the 1st of April, 1 cash-box, value 10s.; 22 sovereigns, 9 half-sovereigns, 32 halfcrowns, 1 crown, 135 shillings, 59 sixpences, 6 pence, 8 halfpence, 1 guinea, 1 7s. piece, and an order for the payment of 5l.; the goods and monies of Richard Preece, her master.
RICHARD PREECE . I am landlord of the Union public-house, Blackman-Street. The prisoner came into my service five or six months agoI saw my cash-box safe last Saturday, the 1st of April, about nine o'clock
in the morningit contained the money statedI missed it about half. past eleven o'clock on the Saturday, and found the prisoner was gonemy cash-box was brought to me the same evening by a boy who lives up the yard, without the money, but with the papers, memorandums, and cheque.
JAMES ANDREWS (police-constable M 45.) I took the prisoner into custody, in Gainsford-street, Horsleydownwhen I entered the room, she said, "I know what you want, I will give you all I have in my pocket"she put her band into her pocket, and gave me money by handfulsin all, I received 40l. 8s. 4d. in silver and goldthere was a guinea and a 7s. piece amongst itshe said, "That is all I have, and that about 30s. of it belonged to herselfmy brother-officer said to her, "Who brought the cash-box back?"she said she brought it back herself, and she wished she bad thrown the money over at the same time as she threw the papers overshe said she had been an unhappy woman ever since she had done this.
Prisoner. I intended to have returned the money next morning if the policeman bad not comeI had bad some words with master in the morn inghe abused me very much, and called me a dd foolwhen I said I was not, he said I was more a rogue than a foolI said I never robbed himhe sneered and laughed at me, and in a moment I went into the parlour and saw the cash-boxI did not consider at all, but went out of the house with it.
J. ANDREWS re-examined. She hardly appeared to know what she was aboutshe appeared agitated.
RICHARD PREECE re-examined. She was in the habit of getting tipsy, and was going to leave in about a fortnightI had a few words with kit, and she told the officer she did it out of spiteI have got all I lostit is my belief she did it more in anger than for the sake of the moneyshe bore an excellent character, but I could not keep her from drinkingI think she hardly knew what she Was about, as she seemed intoxicated that morningshe was particularly stupid and angry that morningthe papers were thrown over into my yard at ten o'clock in the evening.
NOT GUILTY .
Before Mr. Common Sergeant.
Reference Number: t18370403-1149
1149. THOMAS JORDAN was indicted for stealing, on the 19th of March, 1 handkerchief, value 1s. 6d., the goods of William Godden, from his person; and that he had been before convicted of felony.
WILLIAM GODDEN . I live in Holland-street, Horseferry-road, Westminster. On the 12th of March I was going over London-bridge, about seven o'clock in the eveningI felt a tug at my pocket, and on turning round, 1 seized the prisoner with his hand very near mehe struggled to get from me, and said he had not done it, but that a boy had taken my handker chief and thrown it downthere was no boy there, and no one runninga gentleman picked up the handkerchief and gave it methis is mine.
JAMES WHOWELL (police-constable M 166.) The handkerchief was gives to me with the prisoner.
Prisoner's Defence. I was close behind the gentleman, he took me up a court, two gentlemen came up, and said I was not the boy that picked his pocket, and he made reply, "Why did you not bring him up?"
WILLIAM GODDEN . No. person spoke except a person who secured him for me, when he attempted to run awayI saw the prisoner throw it from his hand.
JAMES ANDREWS . I produce a certificate of the prisoner's former conviction,
from the Town Hall, Southwark (read)the prisoneris it the person.
GUILTY . Aged 18. Transported for Seven Years.
Before Mr. Sergeant Arabin.
Reference Number: t18370403-1150
1150. JOHN BRAY BOWERS was indicted for embezzlement.
HAIRY WINTERBOURNE . I have a partner, and carry on business in Blackman-street, Borough. We are linen-drapersthe prisoner has been oar collecting-clerk for about a monthit was his duty to give me the noney every nighthe kept a book for his receipts, and accounted for them in the cash-book.
MARY ANNE SOWBRBY . I deal with the prosecutor. I saw my husband pay the prisoner on the 24th of February 4s., for his masterthis is the receipt he gave.
SARAH HALL . I paid the prisoner on the 24th of February 2s. on account of his masterhe receipted it in my book.
ELIZABETH NURSERY . I paid the prisoner 5s. on the 24th of Februaryhe gave me this receipt.
HARRY WINTERBOURNE re-examined. The prisoner did not account to me (or these sumshe absconded with the wholeI did not hear of him till he was apprehendedI paid him weeklyhis week expired on Satardiythis was Friday, the 24thhe left altogether without noticeI took him into custody about a week afterwardson the morning of that day he drew a sovereign, so that we do not owe him for that week.
Prisoner. Q. You stated you paid me by the week, when did you pay him any money? A. He had a yearly salary of 80l., which was to be paid quarterlyhe had been with me a month, and had drawn a sovereign, and had a few things out of the shophe came the last day of January, I think, and left on the 24th of February, when he went away we were indebted to himhe drew 1l. on account of his wages on the morning he went away.
Prisoner. Q. Do you go by any other name? A. My Christian name is Harry WinterbourneI have taken the name of Harry Danton WinterbourneI am not carrying on business in that namemy partner ship deeds are in the name of Harry Winterbournethere might have been a summons returned to me, where I put down Harry Danton Winterbourne and Lewis Grayyou paid no money to my partnerthe cash was always made up with myself.
Prisoner's Defence. I went there on the 27th of January, and left on the 24ththere was 1l. 12s., or 1l. 13s. due to me, which covers what I am charged with.
NOT GUILTY .
Reference Number: t18370403-1151
1151. JOHN BRAY BOWERS was again indicted for embezzlement.
HARRY WINTERBOURNE . The prisoner was in our employ, and had been for so a monthhe never accounted to me for the sums of 7s., 5s., and 5s.
ABRAHAM PERRY . I paid the prisoner, on the 24th of February, 7s., on account of his master.
ELIZA OVERINOTON . On the 24th I paid the prisoner 7s.
LOUISA JOHNSON . I paid him on that day 5s.he gave me the receipt.
HARRY WINTERBOURNE . The prisoner never accounted to me for the receipt of this money at all. He was to be paid 30l. a year, quarter.
Prisoner. There was 1l. 13s. due to me at that time.
NOT GUILTY .
Before Mr. Common Sergeant.
Reference Number: t18370403-1153
1153. MARGARET DAVIS was indicted for a misdemeanor.
MR. CHAMBERS conducted the Prosecution.
ANN PITTOCK . I live in Amelia-place, Walworth-road. On the evening of Good Friday the prisoner came to my shop, and asked for two penny bunsI gave them to hershe laid down a bad shillingI took it up and said it was very badshe said she knew where she took it, she would take it back and get it changedshe left the shop, and I spoke to Mr. Brown, my nephew, who was having his teaI am sure the prisoner is the woman.
HENRY BROWN . I was in the parlour. I followed the prisonershe crossed over to Mr. Spooner's, passed the shop, and joined a young man, and went about a hundred yards downshe left him, and came back, then went to Mr. Spooner's shop, and asked for two penny bunsshe took the shilling from her glove, and offered it to the servantI went into the shop and never lost sight of her.
Prisoner. I never joined any young man. Witness, Yes, she didthe took hold of his arm, and they went about a hundred yards.
SARAH ANN TAYLOR . I was serving in Mr. Spooner's shopthe prisoner came in, and asked for two penny bunsshe gave me a shillingI found it was counterfeitJ called for changeBay field came out of the parlour, and I gave him the shilling.
EDWARD BATFIELD . I was called, and came into the shopI took the shilling from Taylor's handI kept it till I gave it to the policemanI told the prisoner immediately I saw it that it was badshe said she did not know any thing of its being bad, but it was the last shilling she had got in change for a sovereign, which she had in townI said, "Let me look at what you have in your pocket"she put her hand into her pocket, and took out about six penny-worth of halfpenceI saw among them a bad half-crown, and called in the policeman.
JOHN NEVILLE (police-constable P 126.) I took the prisoner, and pro duce the half-crown and shillingthere was 5 3/4 d. found on the prisoner.
JOHN FIELD . I am inspector of coin to the Mint. These are both counterfeit.
Prisoner. I changed a sovereign, and that was all I had.
GUILTY . Aged 28. Confined Six Months.
Reference Number: t18370403-1154
1154. ROBERT FAWCETT and ELIZA FAWCETT were indicted for stealing, on the 31st of March, 1 half-sovereign, and 2 half-crowns, the monies of Elizabeth Foss, from her person.
ELIZABETH FOSS . I live in Dark-house-lane, Lower Thames-streetI am single. On the 31st of March I got into an omnibus in Gracechurch-street, about twenty minutes past three o'clockit was very fulla gentleman was on my left side, and the female prisoner on the rightthe male prisoner was right opposite meI had half a sovereign and two half-crowns in my right-hand pocketI was going to Vauxhallwhen we got to the Stone's End, the prisoners got outwhen we got to the Town Hall I felt a fumbling at my right pocketthe omnibus was then going onit was very much crowded, and I could not turn round to see what was going onthe moment the female prisoner rose to go out, I turned, and found that my dress
and pocket were cut, my purse taken out, the money gone, and the purse put back again into the hole of my pocket, and the drew pinned up afterwardsthere was no one near enough to hare been able to do that, but the! female prisonershe got out about five minutes after I felt itthe man got out at the same placeI took hold of the female's cloak to stop her as she was getting out, but I could not stop herI almost pulled her cloak offI followed her out of the omnibus, and took the purse out of my pocket, ad accused hershe said she had not got any of my money, and I might give her to a policeman if I likedI gave them both to a policemanI am quite sure the dress was cut by somebody in the omnibusI saw it safe between twelve and one o'clock, but I felt my purse and money before I got inI never changed my place in the omnibushere is the dress that was cut, and the pocketthe purse was tacked in again, and the dress pinned up.
CHARLES DIMES . I got into the omnibus at Gracechurch-street, about ten minutes after three o'clockI did not observe that the female prisoner at on the right hand side of the witnessI recollect the male prisoner requesting the omnibus to stophe got out firstthe female prisoner got oat afterwards, and as she got opposite me, the prosecutrix caught the cape of cloakthe said, "Stop, stop; I have had my clothes cut;"but the got out of the omnibus, and then the prosecutrix followed herI saw a policemanI did not see her attempt to get awayshe must have felt her cape pulledit was drawn by a sudden jerk.
Cross-examined by MR. PHILLIPS. Q. I believe the male prisoner asked you what you had to do with it? A. Yes, and he said he had a great deal to do with it, for the woman was his wife.
GEORGE REEVE . I am the conductor of the omnibus. The male pri soner got out, and the female got out directly afterwardsthe male prisoner paid me, and they went awaythe prosecutrix came out, and said she was robbedI ran a small distance after the prisonersthey had got about thirty yardsI stopped the female prisoner firstI told them they had robbed the ladythey said they had not, and I had better call a polices manI did so.
Cross-examined. Q. Did not the prisoners walk away? A. Yes; I did not know of this when they got out.
JOHN RHODES (police-constable M 124.) I was called, and took the prisoners to the station-houseI searched the male prisoner, and found a purse with 6s. in his trowsers pocket; in his waistcoat pocket a halfsovereign; 2 half-crowns, 4 shillings, and 2s., a small knife and a key.
Cross-examined. Q. Were any scissors or knife found on the woman? A. No.
MR. PHILLIPS to ELIZA FOSS. Q. Look at the half-crownhere is a mark on it. A. I did not notice any mark on those I had.
NOT GUILTY .
Reference Number: t18370403-1155
1155. ROBERT FAWCETT and ELIZA FAWCETT were again indicted for stealing, on the 2nd of March, 4 shillings, and 1 sixpence, the monies of Sarah Bryan, from her person.
SARAH BRYAN . I live in Kingsland-road, Shoreditch. I came by the Pimlico omnibus, about seven o'clock in the evening of the 2nd of March, from Ebury-street to the Green-park, Piccadilly, by myselfa gentle man then got in, but he did not sit by methe two prisoners afterwards sot in. and they sat directly opposite meI sat in the centre, and no one sat
by methe female prisoner then came from the opposite side, and placed herself close to me on my right sideafter that I felt a pull at my pocketI had 4 shillings and 1 sixpence in a steel purse, and fourpence loose in my pocketbefore the prisoners got in, I put my hand into my pocket, with my pocket-handkerchief, and all was then safe in my pocketa gentle man got out of the omnibus before I did, who sat as near to the door as he could, on my left-hand sidethe female prisoner was the only person who sat on my right the whole timethe male prisoner got out first, and the female prisoner nextthere was no other femaleI cannot say when they got outI went to the Flower Pot, in Bishopsgate-streetI missed my money before I got there, I think in the Strandray cloak and four petticoats were all cut through, and my pocket, and my purse was gonethis must have been done between Piccadilly and the Stranda gentleman who got in searched in the straw, and picked up a pair of spectacles and a knifethis was one of the omnibuses that has an arm in itI am certain the prisoners are the persons.
Cross-examined by MR. PHILLIPS. Q. Was it not about seven o'clock in the evening? A. Yes; but there was light sufficient from the gas to see themI once not positively sworn that the female prisoner wore a straw bonnetI once said, "The male prisoner was dressed much as be is now, and the female prisoner had a straw bonnet and shawl on, I think, but I am not certain"I did not exactly noticethe two prisoners and two gentlemen were the only persons who were in the omnibus from Ebury-street to Bishopsgate-streeta gentleman got in at the Green-park, and another afterwardsI have never sworn that from the time I got in to the time 1 got out, there were only four persons in the omnibusI had never seen either of the prisoners before.
JOHN CLARK . I am proprietor of this omnibus. I recollect the prosecutrix getting in at bury-streetI remember a male and female getting in at the Green-parkI never saw the male prisoner, to my knowledge, beforeit was a dark night, and rained at the time they got inhis appearance was much like the male prisoner's, but I could not swear to him.
Cross-examined. Q. The first person was the old lady in Ebury-street? A. Yes; and then a gentleman got in in Eaton-streeta lady and gen tleman then got in, and another gentleman afterwards; were there then three gentlemen and two ladies; that was all the passengers I hadthe prosecutrix did not go off with one of the gentlemenI did not see them get out togetherthe gentleman got out at the Old Jewrythey did not get out and walk away together.
SARAH BRYAN re-examined. Q. Look at the prisoners carefully, and tell me whether you are quite sure that they were the two persons that were in the omnibus, or whether it is possible you may be mistaken? A. That is the gentleman, and that is the ladyI should be sorry at my age to take a false oathI had no doubt when I first saw them, nor since, and I have no doubt now.
MR. PHILLIPS. Q. Did not you go to Union-hall? A. I saw the de scription of the persons in the "Dispatch paper," and went to Union-ballthe two prisoners were there, and I recognised them instantly.
MR. PHILLIPS called MRS. COTTON. The female prisoner is my daughterfor the last two years she has not had a straw bonnet in her possession.
THOMAS BAILEY . I am the brother of this young womanfor the last two years she has not had a straw bonnet.
NOT GUILTY .
Reference Number: t18370403-1156
1156. MARY COCHLAN was indicted for stealing, on the 2nd of March, 1 looking glass and stand, value 1l. 10s.; 1 tea-chest, value 14s.; 3 goblets, value 5s.; 1 pair of salt-cellars, value 2l.; 1 pair of candlestkks, value 8s.; I set of cruets and stand, value 16s.; 1 umbrella, value 3s., 1 sugar basin, value 4s.; 1 dram glass, value 1s.; and 4 egg cups, value 1s. 6d.; the goods of Elias Abrahams.
ELIAS ABRAHAMS . I live in Redcross-street, Southwark. I met the prisoner on the 17th of March, about ten o'clock at night, in Blackfriar's-roadshe said she was very-greatly distressed, and had been locked out of her lodgiagtshe said she had had no food for nearly the whole of that dayI said she might come home to my houseI am singleshe came home with me, tod had her supper; and then she told me she had been in the fur business, and was looking for a situationI said I was without a servant, and she might remain in my house till she could procure a situationI told her to go up stairs to a third floor, which I generally keep for the servantthe went thereI went to the second floorI did not go near herI did not bring her home for that purpose, but entirely out of charityshe reatined till the Monday following, the 20thshe then asked me whether I would allow her to go to her lodgings to get some clothesI said yes, and that I should wish her to come home at nine o'clock at nightshe returned at past eleven o'clockI told her I would not admit her into the houseshe left and returned the following day, Tuesday, and begged I would admit her againI did so, and she remained till the following Thursday eveningI then had occasion to go to Pimlico to receive a sum of moneyI left word with her I should return at ten o'clock, and in the meantime she should prepare supperwhen I returned, one of my lodgers told me something, and the prisoner was goneI went to my apartment on the second floor, and found the door was lockedI broke it open, and missed these articles, to the value of 4l. 9s.they are all my property.
Prisoner. I have known him A long timehe wished me to come and live with him as his wife, and then he took me into a wine-vaults, and gave me some spirits and waterI refusedhe pressed me a second timeI occupied the same bed that he didhe told me he would give me the money to redeem my clothes, which I had) pledged, and he promised it me time after time, and said if he could not raise the money, 1 might pledge some of these articleshe had only one bed-room and a lumber-room. Witness. I did not ask her to live with me as my wifeI never slept with herI have had no connexion with herthat I swear positivelythere were other lodgers in the houseI have two bed-rooms, one on the second floor, and one on the third, where I put herI never promised to give her money to redeem her things, nor allowed her to pledge my articles.
GEORGE MORLEY . I am a pawnbroker. I produce a looking-glass, a tea-caddy, two sugar-basins, and a gobletI took in the glass on the 23rd of March, from some person at my employer's shopI cannot positively say it was the prisoner.
ROBERT MATTHEW BARREN . I am shopman to a pawnbroker. I have a set of cruets, a tea-pot, and some other things, pawned by the prisoner.
BENJAMIN EVANS . I live in the Commercial-road. I have a pair of plated candlesticks, which I bought of the prisoner on the 27th of March.
EMANUEL MINDEN . The prisoner came to my shop, and offered me three gobletsI bought them, and gave her the full value, and she left me the ticket of an umbrellaI said I would not purchase itshe said
she would call againI would not buy it, but she left with me the dupli cates of the other propertyI gave informationshe was to call on the Thursday morning, but did not come.
CHARLES RANDALL (police-constable H 68.) I received the duplicates, the two goblets, and four egg-cups, from the house of Mr. Miudenthe others the pawnbrokers produce.
Prisoner. You will take into consideration that I have two fatherless children.
GUILTY .* Aged 29.Recommended to mercy by the Prosecutor.
Confined Six Months; Six Weeks Solitary.
Before Mr. Sergeant Arabin.
Reference Number: t18370403-1157
1157. WILLIAM WILSON was indicted for wilful and corrupt perjury.
MB. DOANE conducted the Prosecution.
JOHN GIBBINS . I reside in Prospect-place, Brixton-road, I am beadle of Brixton church, and sell stationery, toys, tobacco, and snuff. On the evening of the 7th of November, I was at home from half-past fire o'clock the whole of the eveningI did not go out at all that nightI was at work in the shop the greater part of the eveningmy wife was at home and a childmy wife was in the parlour at the back of the housethere is a small passage to go through to the back of the houseduring that even ing no one came into the shop for fireworksI saw a female at Union Hall, who gave the name of Tanner or Turnersite did not come into my shopmy wife did not come out to any such person from the parlour into the shopno such person paid 3d., for fireworks, for squibs, or crackersthere was no transaction of that kindno female came in for fire works of any description the whole of the eveningI had no fireworks in my pos sessionI did not see the defendant outside my shopI was at work pat ting up some glass cases and shelvesthere was no female except my wife in the housemy wife received a summons on the 20thI saw it on the Tuesday, and in consequence of that, I went to Union Hall policeoffice on Wednesday the 23rd of November, before Mr. JeremyI saw the defendant there, and the female Turner or Tanner.
EDWARD HENRY BURRIDGE . I am one of the constables of Union Hall. I produce a summons which was served on Mr. Gibbins by so officer, I endorsed it before I delivered it to himit is in Mr. Trail's handwriting, and the signature is Mr. Cressy'sMr. Trail is one of the Magistrates of that officeI do not recollect that I was present when it was applied forI do not know who appearedI think I saw Stowell at the office on the day the summons was taken out, but I did not hear him apply, and take it outStowell is an informer.
JOHN GIBBINS . re-examined Q. Did you get that summons into your possession? A. This is the summons that my wife receivedI received it from her; in consequence of that I went to Union Hall; I found there Sto-w ell the informerthere was a complaint made, this is it (looking at a paper)I saw nothing but that, and the party that came against methe defendant was at the bar then, and the girl Tanner or Turner, the defendant, was produced as a witness by Stowell.
NICHOLAS EDWIN . I am chief clerk at Union Hall. I remember Mr. Gibbins appearing thereI do not remember the dayI have my book hereit is the course of business, on complaints being made, to issue sumshould monses on verbal application, when the statement does not require that they
be made on oathinformants apply to the Magistrate for a summons, sad he grants themon the 23rd, here is an entry, "Thomas Stowell against John Gibbins"William Wilson made a deposition, but I did not administer the oath.
JOSEPH DELLOR . I am an officer of Union Hall. I do not recollect that I was present when the complaint was made by Stowell again at John Gibbinsbut I saw the defendant there on the day of hearing, and I swore him.
NICHOLAS EDWIN , Cross-examined by MR. JONES. Q. Before this hearing took place, had any complaint been made to the magistrate? A. There must have been an application for a summonsit has been a question at Union-hall, whether the party making such a complaint should make it on oath, but the magistrate does not think it necessary it should beI do not recollect hat I was present when this application was made.
MR. DOANE. Q. What was the charge? A. It was a summons for selling fireworks (reads)William Wilson of No. 22, Fleet-lane, broker, on his oath stated, on Monday, the 7th of November, went with a female to the defendant's housethe young woman went into the shopa woman belonging to the shop went into an adjoining room and brought oat some squibs and crackers, for which the female paid her threepence, which I had given her to pay for them, and she brought them out to himit was moonlight, and he saw the name of John Gibbins over the doorthe result was that the defendant was fined 5l., and 4s. costs.
(The summons was here put in and read.)
JOHN GIBBINS re-examined. I heard the defendant sworn, and the female also gave her testimonyshe stated that they lived at No. 22, Fleet-lanethat he was a broker, and she was a dressmakermy plea to the charge was, not guiltyafter these two persons had been sworn in support of the information, I was fined five poundsI went on the tame afternoon to Fleet-lane in the CityI had heard the prisoner swear that he lived at No. 22, Fleet-lane, and he said he was a broker, and the female swore she was a dressmaker, living on the same floorthe first floorI afterwards found that the prisoner was living at No. 55 1/2, Kent-street.
Cross-examined. Q. You went to No. 22, Fleet-lane, and could not find him? A. Yes, he was not taken therehe was taken in Old-streetthe woman was not taken thereI did not take the prisoner's wife into custody, in mistake, for the woman Turnerthere was an officer went with mewe did not find the prisoner's wife in the housethere was a woman, whose name, I "believe, was Petersshe gave her name Tanner at firstshe came down stairs with the officer, and came to Union-hall the next day, and gave me informationshe came down stairs of her own free willshe did not say she was the prisoner's wifeshe told me at first that her name was Tanner, and then Peters, and said she had been seduced by this man from her friends at Bristolthis was about a week after the indictment was preferred, which was the latter end of NovemberI have found that this man did not live at No. 22, Fleet-laneI have lived where I do for three yearsI do not deny but that I had fireworks therethey certainly have been soldI will not venture to swear I have not sold fireworksmy child has notthe last time I had any fireworks was on the 5th of NovemberI did not sell any on that dayI will not answer whether my wife didI consider she didI had rather you would ask herI will say she did sell fireworks on the 5th of NovemberI had none in my house on the 6thI swear thatthe last
time I had any was the evening of the 5thI purchased them of Mr. Fenwickthe 5th was on SaturdayI had got none on MondayI had them it may be a fortnight or ten days before the 5thI will not swear that I sold any on the 3rd, or on the 4thI had none on the premises, and none were sold on the 7th by my wife or myselfthey were sold earl? on the evening of the 5thI was at work in the shop all the evening on the 7th, 'from half-past five o'clockI have never said that I would sooner spend 50/. than not get this man convicted, nor any thing of the kindI did not state before the Magistrate that I was asleep in the parlour.
ELIZABETH GIBBINS . I am the wife of John Gibbins. I remember Monday evening, the 7th of NovemberI was at home the whole dayI was not out from half-past five o'clock till I went to bedI was down stainI served nobody with fireworks on that night, or at any time during the dayno female came into the shop on the evening of that day, and asked for fireworksI did not sell threepenny worth of squibs and crackers to any bodyno person of the name of Tanner or Turner came inno such person came for fireworks.
Cross-examined. Q. When your husband is at home, who generally attends to the shop? A. I dohe never has attended to the shopI do not know the last time when we had any fireworksI do not say I have not sold themwe had some in the month of NovemberI do not know who my husband bought them ofI cannot tell to what amountthere was some sent in between the 1st and the 7thI do not recollect the last day we had anyI had none on the 10th, nor on the 9th, or 8thI had none at all after the 7th, nor yet on the 7thwe had none on the 6thWe had on the 5thI had not manythey were all soldI was in the little parlour that eveningthere is a passage between that and the shopI could not see what was going on from the parlourI went into the shop, if any one came in, to serve themmy husband never attends to itI do not know whether he has paid the fine of 5l.I have not asked him.
MR. DOANE. Q. Was there any other female in the house? A. There was not.
JOHN GIBBINS . I have not paid the fine.
JOHN BECK . I am a smith, and live at No. 22, Fleet-lane, City, and have lived there between seven and eight years. I do not know whether the prisoner ever lived thereI never saw him in the month of Novemberthere was no such person living there in the month of NovemberI saw a young woman come backwards and forwards on the same floor as I livethe two-pair backI do not know her nameI only saw her by giving her a light in the morning, once or twice.
Cross-examined. Q. Are you housekeeper? A. Noa weekly tenantthe upper apartment is let, and that is all, except what I live inthe rooms are let weekly or monthlythere are seven or eight rooms besides the ground-floorI cannot say how many lodgers there are in each roomthere may be a man and his wife and familyI cannot say whether there have been forty lodgers at one timeyou may reckon up twelve or fourteen when the house has been fullI do not know of a Mrs. Deacon being in the houseI know the names of some of the lodgersI never saw the prisoner there in my life, and I have worked at home the whole day.
DANIEL SMITH . I am a builder, and live at No. 55, Kent-street, Borough, and have lived there five years. I know the defendant by the name of James Petershe passed by that name with me from the beginning of Octoberhe came into my rents on the first week in October, and hired an apart
ment of me in Kent-streethe lived there throughout the month of NovemberI am quite sure of that.
Cross-examined. Q. You keep a lodging-house, do you? A. NoI do not let my house outI have a great many tenementsI let the prisoner two rooms in a house which has eight rooms in itthere are other lodgers in that house, hut not where I live myselfhe owes me a guinea ever since the 8th of December, and there were some shop goods, with the renthis rent was paid up to the 7th of November, and from that time to the 8th of December his rent was not paidhe slept in that house after the 7th of NovemberI do not say every day in November, but he was back wards and forwards the whole of the monthhe lived with a woman they called his wifeI have not been to No. 22, Fleet-lane, but I have seen the houseI have not seen Mrs. Peters thereI was at the Town-hall a short time ago, and fined 5l., with expensesI did not say I would ruin all the dd informers in London, nothing of the kindI have twenty-five houses of this description in Kent-streetwomen of the town are to be found in many houses thereI never got into any trouble about themI sever had any complaint against me.
GUILTY . Transported for Seven Years.
ADJOURNED TO MONDAY, MAY 8, 1837.
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