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Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 19 January 2022), October 1804 (18041024).
THE WHOLE PROCEEDINGS On the KING's Commission of the Peace, OYER AND TERMINER, AND GOAL DELIVERY FOR THE CITY OF LONDON, AND ALSO, THE GOAL DELIVERY FOR THE COUNTY OF MIDDLESEX, HELD AT Justice-Hall, in the Old-Bailey, On WEDNESDAY, the 24th of OCTOBER, 1804, and following Days,
BEING THE EIGHTH SESSION IN THE MAYORALTY OF The Right Honourable JOHN PERRING , LORD MAYOR OF THE CITY OF LONDON.
TAKEN IN SHORT-HAND BY RAMSEY AND BLANCHARD.
PRINTED AND PUBLISHED, By Authority of the CORPORATION of the CITY of LONDON, By W. WILSON, St. Peter's-Hill, Little Knight-Rider-street, Doctors' Commons.
THE WHOLE PROCEEDINGS On the KING's Commission of the Peace, OYER AND TERMINER, AND GOAL DELIVERY FOR THE CITY OF LONDON, &c.
BEFORE the Right Honourable JOHN PERRING , LORD-MAYOR of the City of LONDON; the Right Hon. Edward LORD ELLENBOROUGH , Lord Chief Justice of His Majesty's Court of King's Bench; Mr. Baron THOMPSON , one of the Barons of His Majesty's Court of Exchequer; NATHANIEL NEWNHAM , Esq. Sir WILLIAM CURTIS , Bart. HARVEY- CHRISTIAN COMBE , Esq. Aldermen of the said City; JOHN SILVESTER , Esq. Recorder of the said City; JOHN ANSLEY , Esq. and THOMAS ROWCROFT , Esq. Aldermen of the said City; and NEWMAN KNOWLYS, Esq. Common-Serjeant of the said City; His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Goal Delivery of NEWGATE, holden for the said City, and County of MIDDLESEX.
William Metcalf ,
Thomas Buzzard ,
James Lowe ,
Joseph Lambert ,
William Ravenscroft ,
John Till ,
James Davidge ,
William Meredith ,
Edward Hughes ,
Thomas Hilyard ,
James Austerbury ,
Robert Orton .
John Cross ,
James Driver ,
John Green ,
George Potter ,
George Joining ,
George Mowbray ,
John Roby ,
Thomas White ,
John Williams ,
John Giles ,
Joshua Robins ,
Raynham Steward .
Second Middlesex Jury.
Thomas Horne ,
Isaac Gunn ,
John Gillings ,
Richard Norton ,
William Brown ,
Joseph Thornton ,
Robert Gordon ,
William Homan ,
John Poole ,
John Cooper ,
Thomas Clover ,
George Dodson .
MARY LYE.
Imprisonment > newgate; Miscellaneous > fine
516. MARY LYE was indicted for feloniously stealing, on the 8th of October , six table-cloths, value 1 l. six sheets, value 38 s. two pair of pillow-cases, value 6 s. a gown, value 4 s. three aprons, value 9 s. a silver tea-spoon, value 2 s. a pair of stockings, value 2 s. and a petticoat, value 5 s. the property of Ann Prisley , widow .
ANN PRISLEY sworn. - I am a widow; I live in Newgate-street, the corner of Butcherhall-lane ; I am a saleswoman in Newgate-market; the prisoner was my servant ; she came to me on the 8th of May; on the evening preceding the 7th of October, in consequence of suspicion, I went to examine her room, and found three pair of my stockings that she had worn, and dirtied very much, and two dirty shirts of my apprentice's, and his night-cap in her bed; I looked into a little bandbox upon the table, and saw a number of duplicates, but did not examine them that evening; I said nothing to her till Monday noon, when I came home from market; I went into the garret to look at the stockings she had on the day before, which was Sunday, I found them in a little box; they were mine; I have them here; I then examined the duplicates and brought them down stairs with me; after dinner, I separated the duplicates; there were twelve of Mr. Fleming's, within about six doors of me; I went there, and found a tablecloth of mine; at Reeves's, in Redcross-street, I found three coloured aprons and a sheet. (Produces a pair of stockings.) I had a very good character with her.
RICHARD BENNETT sworn. - I am servant to Mr. Fleming, a pawnbroker; (produces five tablecloths, one sheet, two pair of pillow-cases, one petticoat, one pair of stockings, a coloured apron, and a teaspoon;) they were pledged by the prisoner; one of the table-cloths was pawned the 8th of October; the first was pawned the 13th of September; the duplicates which the constable has are counterparts of our duplicates; I am certain the prisoner is the person.
(Robert-Samuel Hudson, another pawnbroker's servant, was called upon his recognizance.)
THOMAS WOODMAN sworn. - I am a constable; I was seat for on the 8th of October, and Mrs. Prisley gave me change of the prisoner; (produces the duplicates;) I had them from Mrs. Prisley. (The property identified by Mrs. Prisley.)
GUILTY , aged 48.
Confined six months in Newgate , and fined 1 s.
NICHOLAS BRADY.
517. NICHOLAS BRADY was indicted for feloniously stealing, on the 18th of September , 14 ounces of tea, value 2 s. the property of the United Company of Merchants of England, trading to the East Indies .
Second Count, charging it to be the property of certain persons to the Jurors unknown.
(The case was opened by Mr. Knapp.)
JOSEPH HUGGINS sworn. - I am a labourer in the East India Company's warehouses, in Crutched Friars ; the prisoner had been in the Company's employ for two years; on the 18th of September, being employed in taking in goods from the ship Ganges, we had a chest of each different bed of tea set out, and one chest was perceived to be open in the warehouse in Crutched-Friars, three yards from where I was; the prisoner was employed in cutting off the canes that go round the chests, I saw the prisoner go to the chests, take tea, and convey it into his breeches pocket about twenty times in the course of the day; I gave information to Mr. Barber and Mr. Sayer the elders, and they searched the prisoner when he went away, I was not present.
JOHN SAYER sworn. I am one of the elders at the India-Company's warehouse in Crutched-friars, I searched the prisoner in the Accompting-house and found 14 ounces of tea in his breeches pockets made for the purpose, that came down to his knees; it was tea that had not been sold, he said he was very sorry, and that he had a family of children. (Pinner, a constable, produces the tea.)
Sayer. There was more tea than that missing out of the chest.
The prisoner did not say any thing in his defence.
Confined twelve months in Newgate , and fined 1 s.
JAMES COOK.
Theft: petty larceny.
518. JAMES COOK was indicted for feloniously stealing, on the 16th of September , a handkerchief, value 6 d. the property of Robert Parsons .
ROBERT PARSONS sworn. - I am a bricklayer in Whitechapel: On the 16th of September, about half past nine in the evening, I was in the Minories , I felt something drawn; I turned round and found the prisoner's hand draw from my pocket, I said hold of him and the handkerchief dropped upon the ground, I did not see it in his hand, I felt it drawn from me, and when I laid hold of him the handkerchief was at my feet. (The prosecutor appearing to be intoxicated at the time of giving evidence, the prisoner was
JANE JONES, MARY HARTMAN.
Not Guilty; Guilty > lesser offence
519. JANE JONES and MARY HARTMAN were indicted for feloniously stealing, on the 14th of September , four shawls, value 10 s. and a half-shawl, value 6 d. the property of Thomas-Perry Tuther , privately in his shop .
THOMAS- PERRY TUTHER sworn. - I am a linen-draper on Holborn-hill ; on the 14th of September I was rung down by my apprentice; when I came into the shop, I found he had detained the two prisoners; he informed me they had stolen some shawls; he appeared agitated; I told him to be deliberate, and tell me the circumstances, as coolly as he could; he then related that the two prisoners came in and desired to see some shawls; they were very particular and whimsical, and did not fix upon any thing to purchase; and as they were going out of the shop the prisoner Jones appeared very uncomfortable; he then walked towards them and stopped them, and said he suspected she had stolen something, and that she had better pull it out; she then produced one quantity of two shawls; he immediately rung the bell and I came down; I then sent for a constable; in the interim Jones appeared very much agitated; I rang the bell, and desired the maid servant to bring some water; she brought a bason of water and gave it to Jones to drink; I did not like to see the distress of the poor creature, but kept my eye upon the door; the servant girl was close to her; after that she became very much agitated again, and threw some shawls over the counter; the maid servant said to me, sir, what has the young woman thrown over the counter; I said, I do not know, but if any thing has been thrown over, take up the flap of the counter. and go round and see; she did so, and brought two more shawls and half a shawl; I then said, to be sure you can swear to this property, take a pen and mark it; she did so, and I delivered the prisoners to a city officer.
THOMAS WELLS sworn. - I am apprentice to Mr. Tuther; on the 14th of September, about half past eleven o'clock in the morning, the prisoner came into our shop and asked to look at some shawls; I shewed them a great many; they did not approve of any of them; going along the shop I observed the prisoner Jones very uncomfortable, apparently shuffling something under her shawl; I asked her if she had not got something, and she denied it, apparently very much confused; I said to her, you may as well pull it out; she then put two shawls upon the counter; she took them from under her own; I then rang the bell for my master; when he came down, I related what I had seen.
ELIZABETH ANDERSON sworn. - I am servant to Mr. Tuther; my master called me to bring some water for the prisoner Jones, which I did; I then saw her take something from her pocket and throw behind the counter; I did not see what it was; I asked my master what it was, and he desired me to go and see; I lifted up the flap of the counter, and picked up two shawls and a half-shawl; they were upon the ground; there was nothing else upon the ground; I picked them up and shewed them to my master, and he desired me to mark them, so that I could swear to them.
JAMES HALL sworn. - I am one of the Marshals' men; I was sent for to take the prisoners into custody. (Produces the shawls, which were identified by Elizabeth Anderson and Wells.)
Jane Jones 's defence. I have been a servant, and lived in one place three years, and can have a good character from there.
The prisoner Jones called five witnesses, who gave her a good character.
Hartman, NOT GUILTY .
Jones, GUILTY, aged 16,
Confined three months in Newgate , and fined 1 s.
520. JAMES MARTIN was indicted for feloniously stealing, on the 16th of September , 16 yards of woollen cloth, value 10 l. the property of Henry William Eastman and Francis Millard ; a metal watch, value 7 l. a silver tea-spoon, value 6 d. 5 shirts, value 20 s. 4 handkerchiefs, value 10 s. a silk handkerchief, value 5 s. a silver pencil-case, value 1 s. a waistcoat piece, value 8 s. and a pair of breeches, value 10 s. the property of Henry- William Eastman ; a silk gown, value 20 s. four silver tea-spoons, value 4 s. a shawl, value 6 s. and two curtains, value 5 s. the property of Mary Jay , widow , in the dwelling-house of Henry- William Eastman , and Francis Millard .
Second Count. Charging the like offence in the dwelling-house of Henry- William Eastman only.
(The case stated by Mr. Gurney.)
HENRY- WILLIAM EASTMAN sworn. - I am in partnership with Francis Millard , we are packers , in Sise-lane ; the warehouses are in the lower part of the house, there is a communication from one to the other, Mr. Millard lives in another house lower down the lane; on Sunday the 16th of September, I left the warehouse at one o'clock in the day; I did not know that any body was left in the house or warehouse, I came home about ten o'clock; the prisoner was our porter ; when I came home I missed half a piece of superfine cloth that we had to pack for the country; I had left it in the warehouse; and missed a metal watch from my bedroom, a silver tea spoon, four shirts, four handkerchiefs, four silk handkerchiefs, a pencil-case, a waistcoat-piece, and a pair of breeches, the bedroom door had been broke open with the kitchen poker; the poker was found in the room; Mrs. Jay is my mother-in-law; her property that was lost was in my bed room; she had a chest of
drawers there; the prisoner was apprehended the next day.
Cross-examined by Mr. Alley. Q. Have you any other partner? - A. Not directly; we make an allowance to the widow Ward.
Court. The woollen cloth is the only article charged to be partnership property.
ROBERT BERRY sworn. - I keep the Golden Anchor public-house, in Park-street, Borough; on Sunday, the 16th of September, the prisoner came to see a person at my house, whom he called his brother; that person's name is Carter; it was about eight o'clock in the evening; he had a bundle with him, and his brother asked me to let him leave it in his room; he was in his dishabille; when he came on Sundays, he used to come in his Sunday's clothes, and I thought he had left his place; the things remained in a box till the next evening, when the officers came; there were three empty boxes in the room in which Carter lodged.
Cross-examined by Mr. Alley. Q. You had never seen the contents of the bundle? - A. No.
Q. A great many people have access to the different parts of your house? - A. Yes, I have a number of different lodgers.
Q. You cannot tell who placed these things in the box? - A. No, it was a double-bedded room, and two lodgers slept there every night; it is up two pair of stairs; I did not go up with the prisoner.
JOHN READ sworn. - I am a city officer; I went to Mr. Berry's; I was directed by the prisoner to go up two pair of stairs, to the front room, where one Carter slept; he told me the things lay in a box; I found them as he directed me. (Produces the property.)
MARY JAY sworn. - I had a chest of drawers in Mr. Eastman's room, from which I missed a gown, four tea-spoons, a shawl, and two curtains; (looks at them;) these are my property.
(Mr. Eastman identified the breeches, the pencil-case, and the watch.)
The prisoner left his defence to his Counsel.
GUILTY, aged 32,
Of stealing to the value of 39 s.
JOSEPH LEWIS.
Imprisonment > house of correction
521. JOSEPH LEWIS was indicted for feloniously stealing, on the 2d of October , in the dwelling house of Edmund Denny , a Bank-note, value 2 l. and another Bank-note, value 1 l. the property of William Hall .
WILLIAM HALL sworn. - I am a labourer , I came from Wales with a drove of sheep, to the Yorkshire-grey, in Whitechapel : Last Tuesday morning three weeks, I lost my notes while I was asleep; the prisoner slept in the same bed with me, at the Yorkshire-grey, I went to bed about ten o'clock, he was in bed before me; I had a one pound Bank-note, and a two pound Bank-note, in my pocket, in a ragged purse; I got up between six and seven o'clock, and found my purse and notes gone; I went down stairs, and the landlord told me the man that slept with me was gone, he was a sailor; the landlord and I went after him, and caught him at a public-house called the Cannon; we brought him back, and sent for an officer, but no notes were found upon him. I am sure the prisoner is the man that slept with me; I never recovered the notes.
LEWIS DESNEY sworn. - I keep the Rose and Crown, Church-lane, Whitechapel: On the 2d of this month, about seven o'clock in the morning, the prisoner came to my house, and asked for change for a one pound note; I told him I could not do it; he said he had been at a great many different places to get change, and would take it as a great favour; I told him I had three dollars, and if he would take the remainder in penny-pieces, I would try to change it for him; he refused the penny-pieces, but said he would call again, as he was passing, in the course of the day, for the remainder of the change; I saw no more of him till he was in custody, about ten o'clock; I have the note here. (Produces it).
MARY DEVEREUX sworn. - I am niece to George Wall, who keeps the Cannon public-house, in Cannon-street, Ratcliff-highway: On the 2d of October, the prisoner came to me between seven and eight o'clock in the morning, and asked for a glass of gin and water; I gave it him; he took out a new two pound note, and asked me what it was; I told him a two pound note, he took it loose out of his pocket; he then put it into his pocket again, and gave me a dollar to take his gin and water out of; I gave him the change, and he went away.
JOHN NOWLAND sworn - I am an officer: On the 2d of October I was sent for to the Yorkshire-grey, Whitechapel, the prisoner was given in charge to me; I searched him, but found nothing upon him; I took him to the office, and asked him what he had done with the poor man's notes; he said he knew nothing of them; I told him I had the numbers in my pocket, and I would find them out.
Q. Had you the numbers? - A. No, I told him so; he said, as I had the numbers of the notes, he would tell me where they were; I went with him to the Rose and Crown, where he told me he had changed a one pound note; the landlord knew him, and said he had given him change; I asked him what he had done with the change; and he said he had left two dollars at the Kettle-drums, in Ratcliff-highway; I asked him what he had done with the other dollar; he said he had changed it at the Cannon, in Cannon-street; I asked him what he
had done with the two pound note; and he said he had chucked it into the street when he was taken into custody; I searched for it, but could not find it.
Prisoner's defence. I never had the notes.
Q.(To Hall.) Should you know your notes again? - A No.
Confined six months in the House of Correction .
THOMAS .
522. THOMAS WEEDON was indicted for feloniously stealing, on the 29th of October , a silk handkerchief, value 5 s. the property of William Hooper , privately from his person .
It appearing in evidence, that the prisoner was apprehended with the handkerchief in his hat, under the passage of Temple-bar, and the whole of Temple-bar being in the City of London, the prisoner was
MARY SHARPE.
523. MARY SHARPE was indicted for feloniously stealing, on the 17th of September , six yards of Russian duck, value 8 s. the property of Ann Nash , widow .
The property having been stolen in the City of London, and there being no evidence of possession in the County of Middlesex, the prisoner was
First Middlesex Jury, before Mr. Baron Thompson.
ANN TAYLOR.
524. ANN TAYLOR was indicted for feloniously stealing, on the 4th of October , a silver fruit-knife, value 4 s. a bed-gown, value 3 s. two silk handkerchiefs, value 5 s. a pillow-case, value 2 s. a towel, value 6 d. a napkin, value 6 d. three muslin handkerchiefs, value 4 s. a night-cap, value 6 d. two pair of stockings, value 6 s. and a remnant of lace, value 2 s. the property of William Warren .
It appearing that the name of the prosecutor was John, and not William, the prisoner was
First Middlesex Jury, before Mr. Baron Thompson .
JOHN WALKER.
525. JOHN WALKER was indicted for feloniously stealing, on the 16th of September , two sheets, value 15 s. two flat-irons, value 18 d. the property of Susannah Clarke , widow , in a lodging-room .
There being no evidence to affect the prisoner, he was
CHARLES ROBEY.
526. CHARLES ROBEY was indicted for feloniously stealing, on the 9th of October , eight pecks of split horse-beans, value 3 s. the property of Philip Viner .
SARAH FRANCIS sworn. - I live in Mr. Viner's stable-yard, at Wapping , he is a corn-chandler , my husband is in his employ as foreman, the prisoner was Mr. Viner's horse-keeper : On Friday the 5th of October, I observed a bag concealed in the loft, among some trusses of hay, I went to look; in consequence of suspicion, I took it out and examined it, it was marked near one corner, I put it in the same place again as near as possible. On the Saturday it was in the same situation; I went to look again on Monday morning, and found the bag filled, in another place a little farther; it was a sack that would hold a bushel; it was pretty near full of split beans.
Q. Had the prisoner access to this place? - A. Yes, constantly, the beans were kept there in a little room: On Tuesday, at near eleven o'clock, the prisoner came in with his cart; he went into the stable, and came out again in about two minutes with a tarpauling; I perceived he had something concealed in the tarpauling by the bulk; he put it into his cart, and I gave information to Mr. Viner; the prisoner went away, and I went to look in the stable, and missed the bag; I saw it again at the Office on the Saturday following; I knew it again by a patch near the bottom.
Cross-examined by Mr. Peatt. Q. It was a very common thing for the prisoner to carry out bags with beans? - A. Yes, but not a single bushel.
Q. Mr. Viner has a great many bags? - A. Yes.
Q. You do not know who put the bags there? - A. No.
Q. Other persons had access to this place besides the prisoner? - A. Yes.
PHILIP VINER sworn. - I am a corn-dealer and miller: I have a room at the end of the hay-loft, where we keep a quantity of beans for our horses; we send a weekly allowance there; the prisoner only had to feed the horses; they were delivered into his custody for that purpose. In consequence of Mr. Francis's information, I followed the cart, the prisoner was driving it; he was taking a load out; he had part of the load to deliver in Old Gravel-lane; I followed the cart there, and when he had delivered the goods, he went into the house; I went up to the cart, and observed the tarpauling on the top of the cart bulky, it was doubled up on the top of the load; I asked him what he had got in the tarpauling; he said he had got nothing; I desired him to take it down; he got upon the cart, and pretended to open it; I insisted upon his opening it more than he had done, and I then discovered a bag with beans in it; I made him take the bag out, and leave it in the house, and I went in search of an officer to take them away; I went with the officer, and he took the bag of beans; they were beans that I knew perfectly well, because they were damaged before they were split; they were very remarkable
for age, smell, and blackness; I am sure they were my beans.
Cross-examined by Mr. Peatt. Q. Did you never give directions to the carman to take beans with him to give the horses a taste on the road? - A. No, I never would have suffered such a thing.
Q. This tarpauling was often used for covering your goods? - A. Yes, in wet weather, but this was a remarkably fine day.
JOHN SMITH sworn. - I am an officer: Mr. Viner came to me about eleven o'clock; I went with him to a house in Gravel-lane, where he delivered a bag of beans into my custody; I took the prisoner into custody about five o'clock in the evening, he had been to Plaistow with a load, (produces the property); here is a sample that I took from the loft. (Produces it.)
Mr. Francis. This is the same bag that I saw in the loft.
The prisoner left his defence to his Counsel, and called two witnesses, who gave him a good character.
MARY LYON.
527. MARY LYON was indicted for feloniously stealing, on the 18th of September , twenty-three yards of printed cotton, value 30 s. the property of Abraham Francis and Basil Francis .
ABRAHAM FRANCIS sworn. - I am a linen-draper in Holborn , in partnership with Basil Francis : On the 18th of September, I was attending a lady at the back part of the shop, when the prisoner was brought in by William Gear with a print under her cloaths; I saw it taken from her.
WILLIAM GEAR sworn. - I live in Little Ormond-yard: On Tuesday, the 18th of September, I was going down Holborn, and saw the prisoner and another woman go into three or four different shops; I then saw them go to Mr. Francis's door; the prisoner went into the shop; there was a piece of print on a stool just within the door; the prisoner and the other woman both laid hold of the print, and the prisoner, with the assistance of the other woman, got the print into her apron; the other woman made her escape; I laid hold of the prisoner, and took her into the shop, with the property on her.
- BICKNELL sworn. - On Tuesday, the 18th of September, I saw the prisoner and another woman take the print; Gear went after them, and brought back the prisoner.
MARY DAVIS sworn. - I was going down Holborn on the 18th of September; William Gear pointed out the woman to us, and I saw them go to Mr. Francis's door and take the print; the other woman put it in the prisoner's apron; I saw her brought back.
JOHN PRICE sworn. - I took the prisoner into custody. (Produces the property.)
Francis. This is my print; I had placed it there about half an hour before.
Prisoner's defence. Another woman gave it to me to take care of it for her, because her husband was drunk, and she was afraid he would pawn it and spend the money.
JEREMIAH COLLINS.
528. JEREMIAH COLLINS was indicted for feloniously stealing, on the 17th of September , a pair of trowsers, value 18 d. the property of Thomas and Edward Pritchett .
THOMAS PRITCHETT sworn. - I am a pawnbroker , in Short's-gardens , in partnership with Edward Pritchett : On the 17th of September, between five and six o'clock in the afternoon, I saw the prisoner take a pair of trowsers from the door, and put them under his jacket; I was in the room behind the shop; I went into the shop; he brought the trowsers in concealed under his jacket; he was followed by Mr. Hunter, who also saw him take the trowsers; I had him secured, and took him to Marlborough-street; I don't know what he came in for, I suppose he saw he was discovered; he asked me to let him go; they have my mark upon them; the string was broke off.
WILLIAM HUNTER sworn. - I keep a shop in Queen-street; I was following the prisoner, and saw him take the trowsers with one hand, and give them a jerk; finding they would not come down, he lifted them higher up; he then took hold of them with both hands, and by force got them from the hook; he rolled them up very carefully, put them under his jacket, and immediately went into the shop; I crossed, and went in after him; I told Mr. Pritchett that that man had just taken a pair of trowsers from the door; the prisoner dropped them upon the floor.
Prisoner's defence. I asked the price of them twice, and nobody answered, and then I went into the shop, and they said I had stole them.
Confined twelve months in the House of Correction .
JOHN BOLTON, ANN BOLTON.
529. JOHN BOLTON and ANN BOLTON were indicted, the first for feloniously stealing, on the 28th of September, four pair of shoes, value 16 s. the property of William Wakelin ; and the other for receiving three pair of shoes, value 12 s. parcel of the aforesaid goods, knowing them to have been stolen .
WILLIAM WAKELIN sworn. - I am a boot and shoemaker , at No. 1, corner of Lamb's Conduit-street: On the morning of the 28th of September, I sent the prisoner, John, in company with my wife, with a bundle to carry into the Borough
to another shop; after that I went myself; in the evening I had occasion to send him back from the Borough to Lamb's Conduit-street, it was then about seven o'clock; I wanted to put a pair of shoes in his left-hand pocket, but he made a great resistance; I then suspected there was something there that I was not to see; I put my hand into his pocket, and pulled out this one shoe; I put my hand in the other pocket, and drew out the fellow; I sent for a constable, and he was taken to the watch-house; we then took him to Union-hall, and he was sent from there to Hatton-garden, and then he was committed, and on the Monday he was fully committed, and the mother with him.
JOHN GLASS sworn. - I am shopman to William Wakelin ; I know these shoes to be my master's.
JOHN PRICE sworn. - I am beadle of St. Andrew's: I was sent for to take the lad from Union-hall to Hatton-garden; I went to Mr. Roberts, a pawnbroker, in Turnmill-street, and found a pair of shoes there; and after that I apprehended the mother, and searched her lodgings, and in a box I found a duplicate of a pair of shoes, at Mr. Wells, in Turnmill-street, in the name of Ann Clarke , and then we found another; the boy lived at the master's.
Wakelin. I took him in on the Monday, and the next day here is a pair of shoes pledged; he owned to me that he took this pair of shoes from the shop in Lamb's Conduit-street; I had an excellent character with him.
JOHN SHORTER sworn. - I am a servant to Mr. Wells; I took in these two pair of shoes of the woman prisoner, (produces them); she has used our shop these two years; she said she lived in Portpool-lane.
Price. She lived on Saffron-hill.
Shorter. I lent her one shilling on one pair, and eighteen-pence on the other; one pair on the 21st of September, and the other on the 24th.
Wakelin. These are both my property.
JOHN ROBERTS sworn. - I am an assistant to my brother, a pawnbroker, at No. 2, Turnmill-street; I took in a pair of shoes from Ann Clarke on the 11th of September, for one shilling; I am sure it was the woman at the bar. (Produces them.)
Wakelin. These are my shoes.
John Bolton 's defence. I gave the shoes to my mother; she asked me how I came by them, and I would not tell her; I told her to go and pawn them; she was in great distress.
Ann Bolton 's defence. The boy brought me the shoes; he would not tell me where he got them, but told me to pawn them, and get me something that would do me good.
John Bolton , GUILTY , aged 16.
Ann Bolton , NOT GUILTY .
JOHN COLLINS, WILLIAM WILKINSON.
530. JOHN COLLINS and WILLIAM WILKINSON were indicted for feloniously stealing, on the 13th of September , a guinea, a half-guinea, and eleven shillings and sixpence, in monies numbered , the property of Stephen Evans .
Second Count. Charging it to be the property of John Biggs .
There being no evidence to affect the prisoners, except the confession of Wilkinson, extorted by a promise that it should be better for him, they were
Both ACQUITTED .
JANE LIPSOM, MARY ALLEN.
Guilty > lesser offence; Not Guilty
Imprisonment > house of correction; Miscellaneous > fine
531. JANE LIPSOM and MARY ALLEN were indicted for feloniously stealing, on the 23d of October , twenty-two yards of printed cotton, value 22 s. the property of Robert Robinson , privily in his shop .
- CALLAGHAN sworn. - I live at No. 62, Broad-street, St. Giles's: On Tuesday, the 23d of this month, the two prisoners came into Mr. Robert Robinson 's shop to look at some prints, upon which I, being shopman, shewed them several patterns; Lipsom had a yard and a half cut off, which she paid for; the other prisoner, I observed with her hand under her gown, as if concealing something, which gave me a suspicion of her; I immediately missed this quantity, containing twenty-two yards, (producing it); I went round the counter, and led her towards the back shop, and as I took her to the door, she dropped it; I know it to be Mr. Robinson's property.
Allen, GUILTY, aged 19.
Of stealing, but not privately in the shop .
Confined six months in the House of Correction , and fined 1 s.
Lipsom, NOT GUILTY .
ISAAC HUNT.
532. ISAAC HUNT was indicted for feloniously stealing, on the 11th of September , a bay gelding, value 20 l. the property of William Harding , the elder.
WILLIAM HARDING , the younger, sworn. - Q. What do you know of this horse? - A. When I went to look for it on Tuesday morning, the 11th of September, about five o'clock in the morning, it was gone.
Q. Was it a bay horse? - A. Yes.
Q. When had you seen it last before that? - A. I rode him on Monday, the 10th.
Q. Where was it on the night of the 10th? - A. In a little field near the house where we live, at Berwick St. Leonard, in Wiltshire ; I did not put him in the field myself.
Q. Is there any body here who did? - A. No.
Q. Where else was he kept besides in the field? - A. In the stable, but we generally turn him out at night.
Q. Was the field in which you went to look for him the field where he was generally put? - A. Yes.
Q. Did you look about any where else for him when you missed him in the field? - A. No; there used to be a clog put round his leg, and I found that in the field.
Q. Did you know that clog to have been the same that had been about his leg? - A. Yes.
Q. Did you know the prisoner at the bar? - A. Yes, he has been residing at a village adjoining for six weeks.
Q. What is the name of that village? - A. Fonthill.
Q. How far is that from your father's house? - A. About a mile.
Q.What name did you know him go by? - A. Thomas Smith .
Q. How long did he reside there? - A. I had known him some years before that.
Q. Did you make any inquiry about the horse when you missed it? - A. Yes; I afterwards saw him at Giles-hill.
Q.Where did you next see him? - A. At Bow-street.
Q. What is your father? - A. A farmer.
THOMAS HANKIN sworn. - Q. What are you? - A. I live at Ashford, near Belfont.
Q.What are you? - A. A higler.
Q.When did you see the prisoner at the bar? - A.About three o'clock, on Tuesday, the 11th of September, at the Duke's Head, at Belfont.
Q.Had he any thing with him at the time? - A. Only a horse.
Q. What kind of a horse? - A. A bay gelding.
Q.Look at the prisoner at the bar; are you sure he is the man that had that bay gelding with him? - A. Yes, he offered it to me for sale.
Q.What price did he ask for it? - A. Eighteen guineas.
Q.Did the horse appear to you to have come any distance? - A. Yes, he appeared very much fatigued.
Q. Did he seem hot? - A. He had got cold, he was very sweaty, but it had cried on; I told him eighteen guineas was more than I could afford to give; he immediately told me I should have it for fourteen.
Q.Had you bid him a less price than eighteen guineas? - A.No; it was a very useful serviceable house; I asked him if it was his own; he said his father kept two breeding mares, and had bred this from one of them on the common.
Q. Did he say it was his father's? - A. No, he said it was his own property.
Q.Did you then buy him? - A. No.
Q.Did he say where his father lived? - A. Yes, he said he came near Hindon, but I cannot mention the place's name; I told him it appeared to me that he had stole the horse, and then he jumped up upon the horse, and was for making off; I caught hold of him, and he said I had no business with the horse nor him either; I seized him upon the horse, and gave charge of him to some other people, while I went over the way to the Magistrate's; I came back, and found the horse upon the same spot; the people had got the prisoner off.
Q. What was done with the horse? - A. The horse was taken into the stable, and the prisoner into the parlour, at the Duke's Head; I brought the horse up to Bow-street, and the prisoner was brought up by the coach.
Q. Were you present at Bow-street, when young Harding saw the horse? - A. No; the horse was put into the stable, and delivered to Mr. Harding, and he took him home with him.
Q. Is the person here who received the horse from you? - A. No; I saw the same horse last Sunday at Belfont; Mr. Harding rode him up, and sent for me.
Q.(To Harding.) Was the horse that Hankin saw you with on Sunday last, the same horse that you had missed out of the field? - A. Yes.
Q. That was your father's horse? - A. Yes.
Q.(To Hankin.) Are you sure the horse you saw on Sunday last, was the same horse the prisoner offered you for sale? - A. I am positive of it.
Q.(To Harding.) Where did you get the horse from? - A. From a stable near Bow-street.
Q. What was the value of the horse? - A. I should suppose it was worth twenty guineas, or more.
Q. How far is it from Berwick St. Leonard to Belfont? - A. Eighty-four miles.
Q.(To Hankin.) Was he worth more than fourteen guineas? - A. I should not have liked to have given more than that, knowing nothing of him; I should have thought him worth that money.
Prisoner's defence. I was employed by Richard Welch to sell the horse; I had nothing at that time to do, and he told me he would pay me for my trouble; he told me the horse was at Romsey; he said he did not like to sell it himself, and he was to meet me at the Star and Garter, at Andover; I met him there on Tuesday morning about ten o'clock, and took the horse of him; he gave me money to bear my expences; he told me to sell it on the road, if I could make a good bargain; if not, I was to take it to the London market.
GUILTY , Death , aged 25.
First Middlesex Jury, before Lord Ellenborough.
ELIZABETH BROWN.
533. ELIZABETH BROWN was indicted for feloniously stealing, on the 22d of September , a silver watch, value 30 s. the property of Joseph Barrett .
JOSEPH BARRETT sworn. - I am a porter and watchman , or any thing I can get to do for an honest living; on the 22d of September I was lying down on the bed, and my watch hung on a nail by the bed side; when I got up I missed the watch and I enquired of the woman that I lived with where the watch was; then it was about seven minutes past nine at night; she told me that Mrs. Brown had been in the room, and the watch was gone.
Q. Did you find your watch? - A. Yes, I found it on Mrs. Brown; I went in pursuit of her to her lodgings, in Baldwin's gardens, Gray's Inn lane, and waited there till she came home, and the woman that I live with was with me; the prisoner came home to her lodgings a little after twelve o'clock, as we were waiting at her door; I told her I would secure her till I found the watch.
Court. Behave decently. (The prosecutor appeared very much intoxicated.)
Q.Who searched her? - A. She dropped the watch on the ground, after I had charged the watchman with her; I saw him take the watch up, but I did not see it fall.
JAMES THOMPSON sworn. - I am a watchman; on the 22d of September, about a quarter before one o'clock, this man came with the prisoner at the bar and insisted on my taking charge of her, and on her entering the watch-house door she dropped the watch; she said, she only took it out of a joke, that he should not see what o'clock in the night it was. (Produces the watch.)
Q.(To Prosecutor.) Look at that watch, and tell me whether that is your's? - A. It certainly is mine.
Q. What is the particular mark that you discover it by? (The prosecutor looks at the keys and the seal.) - A. There are two different keys.
Q. Look at the watch itself; how long have you had it? - A. About two years and a half; I will swear it is my watch.
Q. What do you know the watch by? - A. By the paper inside of it.
Jury. Q. What do you know the paper by? - A. It is a paper very much worn; I put it in so fill the case up.
Q. Do you know whether it is a printed piece of paper, or a plain piece of paper? - A. I never examined it very much; I know it is torn at one corner.
Q. Do you know the number of the watch or the maker's name? - A. No.
Prisoner's defence. I have known the prosecutor about two years, and he and the woman that he cohabits with are very much addicted to drinking; he gave me the watch for an improper connexion with me; I did not wish to have any concern with him; this man has very often tried to get the better of me, and he has taken half a guinea at a time out of my pocket, and has got very much in liquor with my money.
Q. How came you by the watch? - A. As I was going through Clement's lane he was beating and turning the woman out that he lives with; she called me, and said, Betsey, come in, for God's sake, I shall be murdered; I had been out a charing to Mrs. Large, and I had half a crown and some victuals for my day's work; I gave her some supper, and spent the half-crown and 3 s. more with her; I drank more than I ought, the more to my shame be it spoken, and I begged to lie down, and the old man, the prosecutor, said to me, here, take this watch; he wanted to have connexion with me; I have an uncle, a man of property at South Lambeth, so he thought to make a property of me; I was not guilty of it; by all account, he does not care what he does for money.
Second Middlesex Jury, before Lord Ellenborough.
JOHN RIPPINGHAM.
534. JOHN RIPPINGHAM was indicted for feloniously and falsely making and forging a certain order for payment of money , on Messrs. Drummond and Co. for the sum of 13 l. 17 s. 6 d.
Second Count, for uttering it as true, knowing it to be forged and counterfeited, with intent to defraud Alexander Ross .
Third Count, for the like offence, with intent to defraud Robert Drummond , Andrew-Berkley Drummond , John Drummond , George Drummond , and Henry Drummond .
ALEXANDER ROSS , jun. sworn. - I am a hairdresser and perfumer , I live at No. 119, Bishopsgate Within; the prisoner came to the shop some day in August, I do not exactly remember the day, and asked for a wig he had ordered six or seven days before; he was shewn up stairs to the usual place; he had the wig tried on him, and came down stairs, and offered the draft in the indictment for payment.
Q. What was the money of the draft? - A. Thirteen pounds seventeen shillings and sixpence; I had no change to give him the difference; I do not know whether he gave me the draft, or somebody else; I asked him if he would wait till I ran to Drummonds' and Co. and get the change; I told him I should not be gone long; he said he would call in the evening for the difference; he offered to leave the goods; I told him, no, there was no occasion for that; I was going to the West end of the town that night, I called at Drummond's, and offered that draft, and it was refused.
Q. When did you take him up? - A. I do not exactly recollect the day.
Q. You did not find him at home? - A. No.
Q. What was the price of the wig? - A.Five guineas.
Q. Should you know the draft again if you saw it? - A. I should not.
Cross-examined by Mr. Gurney. Q. He had been at your house before? - A. Yes, I had seen him several times before; he was a remarkable person.
Q. He did not want to take the wig away? - A. No.
Q. He offered to leave the wig; you telling him you would go to Messrs. Drummonds'? - A. Yes.
Q. This was about the distance of two miles and a half; Messrs. Drummonds' is at Charing-cross? - A. Yes, I told him he might take the wig.
Q. And you took the check to Messrs. Drummonds', and it was refused; how soon after that did you part with that draft? - A. I cannot say.
Q. Did you take it away from Messrs. Drummonds'? - A. O yes, I took it away, and I gave it to my father, I believe.
Q. When did you see the draft again? - A. I cannot say exactly; about six weeks after I saw it at the office, when the prisoner was taken up.
- READ sworn. - I am cashier to Messrs. Drummonds' bank, at Charing-cross.
Q.What are the partners' names? - A. Robert Drummond , Andrew Berkley Drummond , John Drummond, George Drummond , and Henry Drummond .
Q. When was this check presented to you? - A I really do not recollect; I believe it was presented by Mr. Ross, and my answer was, that no such person kept cash with us; I did not change the note.
JOHN VICKERY sworn. I am a constable belonging to the office in Worship-street, on the 14th of August I apprehended the prisoner at the outside door of this court with a city constable, he was inside of the court and I called him out, and he came out, I was not certain of the prisoner's person; I asked him his name; he told me his name was Rippingham; I asked him if his father lived in Ratcliff highway; he said, yes: I then told him that there was an information lodged against him at Worship street office, on suspicion of having committed a forgery on Mr. Ross, in Bishopsgate-street; his answer was, that he had sent a friend to Mr. Ross to compromise that business, and that Mr. Ross had promised his friend that he would not proceed any farther for the present; he was then taken before the Lord Mayor, and there he was ordered to be taken before the Magistrate in Worship-street; this check I received from Mr. Ross, the elder; it was marked on the back by Mr. Ross.
Cross-examined by Mr. Alley. Q. When you apprehended him his observation was, that he had sent a friend to compromise the business with Mr. Ross; was not that the expression; and he thought it was settled? - A. No, it was not.
ALEXANDER ROSS, sen. sworn. - Q. You are the father of the first witness? - A. Yes. My lord, I am in that situation in life, that I should be sorry for any person to think I should compromise this business.
Court. A thousand things may be said behind your back, that does not attach upon you.
Q. From whom did you receive this check? - A. Mrs. Ross brought up the check to me, and asked if I would give the difference; I said, I will not give any change; the check was given to my clerk, and it was in my possession some time; I thought it might be a fraud, and I sent two or three people after him; and I went after him myself to his father; I said, you are the father of him; tell him to come and take the check; I had no idea of it being a forgery.
Q. The check which the officer Vickery has produced to day, and was produced before the Magistrate, you swear you had it from your clerk, and who he had it from, you yourself do not know personally? - A. I do not.
WILLIAM GILL sworn. - I am a journeyman to Mr. Ross, the prisoner came to our house the latter end of July, or the beginning of August.
Q. Do you know his person? - A. Yes.
Q. Do you know any thing about the draft? - A. Very little.
Q. Did you ever see that draft before? (The draft handed to him.) - A. I have seen it before in my master's clerks hands, and in Mr. and Mrs. Ross's hands; I am not positive whether I had it in my own hands or not.
Q. If you did not have it in your own hands, how do you know it is the same draft? - A. Because I have seen Mrs. Ross and several people reading of it; I cannot swear to it.
Q.(To Mr. Ross, jun.) You look at that draft, is that the same draft you received from the prisoner? - A. I cannot swear positively to that, because it was not in my possession.
The prisoner did not say any thing in his defence, nor called any witnesses to character.
CHARLES VITON.
535. CHARLES VITON was indicted for feloniously stealing, on the 23d of October , one pair of breeches, value 12 s. the property of Moses Levi , and Mary Jones .
It appearing to the Court that the prisoner was an ideot, or lunatic, and subject to fits, he was
Second Middlesex Jury, before Mr. Baron Thompson.
ANN SIMPSON.
536. ANN SIMPSON was indicted for feloniously stealing, on the 20th of September , three sheets, value 10 s. 6 d. two bolsters, value 3 s. a tea-board, value 6 d. a sheet, value 4 s. a blanket, value 1 s. 6 d. and a silver tea-spoon, value 1 s. 6 d.
the property of George Harvey , in a lodging-room let by him to the prisoner, to be used by her in the lodging-room .
The prosecutor, on his cross-examination by Mr. Alley, admitted that he had given the prisoner permission to make away with articles in the room when she had asked him to let her have a trifle of money; the prisoner, on that account, was
Second Middlesex Jury, before Mr. Baron Thompson .
HENRY WELCH, RICHARD FOLLETT.
Not Guilty; Not Guilty
537. HENRY WELCH and RICHARD FOLLETT were indicted for feloniously stealing, on the 15th of October , three mahogany shelves, value 14 s. the property of William Brown .
WILLIAM BROWN sworn. - I live at the corner of Russel-street, I keep the New Hummums in Covent-Garden : On last Monday se'nnight my coffee-room was under repair, there were several mahogany shelves taken down in order to repair the room; I did not miss them myself, I was informed of it by one of the men that worked with the man that stole them.
NATHANIEL NEST sworn. - I am a carpenter, I worked at the Hummums: On the evening of the 15th, I saw the prisoner Follett in the coffee-room, and I saw Collins, who is not yet taken, with Follett's great coat on, Collins had no great coat of his own there; I saw Follett put something under the coat that Collins had on, and Follett buttoned it up, I could not see what it was, being under the coat; I missed them before I went out, I did not say any thing to them.
Q. You did not know, at the time, what they were taking? - A. No; they went out two or three times, the waiter said, but I did not see them.
Q. How came you to say so before; mind my question - was Welch in their company at the time? - A. Welch had been in the course of the day drinking with me; I went up to the Duke's-head, and Welch came in with this same mahogany.
Jury. Do you think he is sober?
Mr. Knapp. I am instructed to put some questions to him, but he is so drunk I certainly shall not.
Court. It is a sad thing persons cannot keep themselves sober. (The witness was ordered to stand down being intoxicated.)
THOMAS PHILLIPS sworn. - I am porter to Mr. Brown: On Tuesday morning I went with Nest to the Duke's-head, in Oxford-road; Nest went up into the room, and fetched the mahogany out; I jumped up one pair of stairs and took the mahogany, and swore to it, as it was the shelves that came out of the coffee-room; I saw the prisoner, Follett, there in the tap-room drinking.
THOMAS NORRIS sworn. - I am a publican, I live at the Northumberland arms, Russell street, Covent-garden: Welch, the young man at the bar, came into my house on last Monday morning se'nnight, about six o'clock, and stopped drinking there a good while; the men that worked at the Hummums they came, and Follett with them; Welch did not work there, nor his partner, he had a job in the country. I heard one of the men, that worked at the Hummums, say, that Nest had lost his place, he was foreman before; the other men said, that Collins had got the place to be foreman.
Q. Was Collins one of those men that came in? - A. No, not early in the morning; he came in afterwards, between nine and ten o'clock, when Welch and his partner were going away.
Q. Did he bring any thing in with him; - A. He brought in a piece of mahogony with him; he asked me to put it inside of the bar; it was a small shelf, he put it in one corner of the bar, and it was there the greatest part of the day; I did not see any body take it out.
Cross-examined by Mr. Knapp. Q. First of all, Welch and his partner came into your house, they were not at work at the Hummums; Follett, and the men that were at work at the Hummums, came in by themselves; after they were in, did he join in company with those men? - A. They were drinking altogether in the tap-room.
Q. Collins came in at the same time with this piece of mahogany? - A. Yes; and they all drank together.
DANIEL EASTWICK sworn. - I am a patrol belonging to Bow-street: I was standing at our Office-door when Mr. Nest and Mr. Headson came; I went with Nest to the prisoner's lodgings, at No. 26, Litchfield-street, on the 17th of this month, where I apprehended Follett, I found no property there; I brought him down to the watch-house at the same time; this Follett, he behaved very well; I told him I had got information from Mr. Headson, the head carpenter, that he had robbed Mr. Brown, of the Hummums, Covent-garden.
Cross-examined by Mr. Knapp. Q. Did you tell him it would be better for him if he told you? - A. Yes.
Court. Q. What did he do to you? - A. That was flung out; we generally meet with a small trifle of a skirmish; we do not call that any thing, that was flung out by the Grand Jury.
Q. You hang upon that it was flung out; was there any circumstance of an axe in the case? - A. When I entered the room along with Nest, he took up his axe and struck at me, but he did not hit me; he was very much intoxicated with liquor at the time.
Q. There is a deal better behaviour; what did he say to you? - A.Says he, I will be the death of you; I was glad to get out of the room.
Court. I do not know what you can make of that fellow Nest's behaviour; and as to you, you have behaved very improper; you have not told the
truth, but you have represented that he behaved extremely well. From that situation that you are in, you ought to be removed.
Welch, NOT GUILTY .
Follett, NOT GUILTY .
MARGARET WEAVER.
538. MARGARET WEAVER was indicted for feloniously stealing, on the 15th of September , a gown, value 10 s. the property of William Bourne .
SUSANNAH WHITEHEAD sworn. - I get my bread in the street, I sell fruit and fish: I was in the shop when the prisoner came in, and I saw her take the property, it was about eleven o'clock in the morning, she went out with it under her apron; I told the young man of the shop, Thomas Lambley , of it.
Q. Are you sure that is the woman? - A. I am very sure; the young man went after her, and brought her back to the watch-house; he asked her if that was her property, and she said, no; then he said it was his; the gown was hanging up inside of the shop.
THOMAS LAMBLEY sworn. - I am a pawnbroker, I live at the corner of King-street, Ratcliff-highway: On Saturday the 15th of September, the last witness informed me that a person had taken a gown away; I immediately jumped over the counter, and going through Manor-row I lost the prisoner; I perceived a person I thought was the prisoner, running across the road leading to Queen-street, it immediately struck me that was the person; accordingly I pursued her, and overtook her the corner of Queen-street, Tower-hill; I asked her what she had bundled up in her apron, I opened the apron and took the gown from her; I brought her back to the watch-house, close by, and gave her in charge; I produce the gown, I know it to be the property of my employer, Mr. Bourne; I received the gown in pledge myself, about a year and a half back.
Prisoner's defence. I must leave it to your mercy entirely, I was drove to it by distress.
JOHN TROY.
539. JOHN TROY was indicted for feloniously stealing, on the 5th of October , one silver tablespoon, value 10 s. two silver tea-spoon, value 5 s. and one pair of silver sugar-tongs, value 5 s. the property of William Harrison .
WILLIAM HARRISON sworn. - I was not at home at the time.
ANN ASHLEY sworn. - I live at No. 1, Great William-street, Marylebone-lane.
Q.What house does Mr. Harrison keep? - A. He keeps the sign of the Harp on the Edgeware-road: On the 5th of October, the prisoner came to Mr. Harrison's house, between one and two o'clock, and called for a pint of beer; a little girl brought him the beer in the pot that had not Mr. Harrison's name on it; he said he wanted to know how far he was from the Harp; the girl told him he was at the Harp: then he wanted to know if one Mr. Harrison did not keep the house; I told him, yes; he asked me whether he was at home; I told him, no, he was gone out of town for two or three days, but I looked for him home that afternoon; he told me he came down on purpose to see Mr. Harrison, and he had made a holiday on purpose that day to come; he said, I recollect your face very well; do you, said I, and I recollect your face very well; why, said I, you married away from Mr. Harrison's, when he lived at Westminster; yes, he said, I did. When I had cooked the dinner, I went into the bar, and laid the cloth, and I asked him to have a bit of dinner with us; accordingly he did: he asked me if I thought Mrs. Harrison could make him up a bed, as he had come down with a view of stopping there all night; I told him the house was very small, but I had no doubt but Mrs. Harrison would make him up a bed; he said he did not care where he laid, as he must lay there that night; with that, after the dinner was over, he stopped a good bit, and I went into the tap-room, and the young man sat down; I went out, and went across the way, and come back again, and the young man was gone; I do not know when he went, I never missed him; about half past three in the afternoon, a person came and called for some gin and water; I desired the girl to bring in a little warm water, which she did, and going to the till I missed the spoons; there was one table-spoon, two tea-spoons, and a pair of sugar-tongs missing.
Q. How long had you seen them before? - A. I saw them when I sat down to dinner; after I missed them I was very much frightened, and began to ask when the young man went out; finding him gone, and not paying for the pint of beer, and never saying he was going away, and knowing nobody had been in the bar but him and ourselves, I knew it must be him.
Q. Were the spoons ever found afterwards? - A. No.
Q. Are you sure that you saw them when you were at dinner? - A. I am positive they were there when I went to dinner.
Q. Are you sure that nobody came in there afterwards? - A. Not any body before I missed them.
Q. Did you know this man before? - A. Yes, I have seen him once or twice before, when they lived at Westminster.
Q. Was he a servant of Mr. Harrison's, at Westminster? - A. No.
Prisoner. (To the witness.) Q. You recollect that when you were on the opposite side of the way, your niece had your child in her arms? - A. Yes.
Q. You and I were on the opposite side of the way, and we were conversing together some time; the servant was treating with a man for some goods, and the bar wide open at the time? - A. I was in the bar, and you and I went into the bar together, when we returned back from the opposite side of the way.
Q. After conversing with each other, the girl said she was deficient by twopence halfpenny; you were at the till, why not miss the plate, you were in the bar after that? - A. You were in the bar after that; I did not know when you went away; you and I and the girl were in the bar together.
Prisoner. So far from depriving this man of his property, I have lent him 20 l. out of my pocket.
CHARLOTTE PLOWMAN sworn. - I am servant to Mr. Harrison; the prisoner came in, and called for a pint of beer; Mrs. Ashley was frying some bacon, and she asked him to come into the bar, and have some dinner; another man came in, and asked for a pint of beer and a biscuit, and the gentleman paid me the money for it; I put the money in the till, and the spoons were there at that time; after dinner was over, there came two men in, and they asked me if I wanted any thing; they said they had handkerchiefs; I looked at them, and I bought three handkerchiefs of them, and I wanted twopence halfpenny to make up the money, and she gave me the money out of the till; they paid for a pot of beer, and the two men went out that I bought the handkerchiefs of; the prisoner sat down just by the side of the till at that present time, when Mrs. Ashley gave the money out of the till to me; the prisoner came out of the bar before that, and went over to Mrs. Ashley; then he returned, and I have never seen him since that time; he left the bar by dusk, and after he left the bar, nobody else came in till my mistress and master came home.
Q. You are sure that nobody else came into the bar but the prisoner? - A. Nobody else at all.
Q. And these things were in the drawer in the bar? - A. Yes.
Q. Were they found afterwards? - A. They were not found afterwards.
Prisoner. I know perfectly well that when we returned from the opposite side of the way, the girl asked for twopence halfpenny, saying she was that deficient, to pay the man; at this time I was not in the bar; the sister was, and gave the girl the money; the girl had done treating with the man when the sister returned from over the way, and took the money out of the till to pay for the property.
Witness. It was Mrs. Ashley that took the money out of the till to give it me.
Q.(To the prosecutor.) Was the property ever found? - A. No, never.
Prisoner's defence. (Read in Court by the prisoner.) The case of John Troy : On Friday, the 5th of October, the said John Troy , when he went into the public-house, called the Harp, was rejoiced to hear that his old friend kept the public-house, whom he had lived with at the sign of the Mitre at Westminster, and as Mr. and Mrs. Harrison were not at home, his sister pressed him to dine with them in the bar; after that, the niece and sister went out to the opposite side of the way, where a pig was being killed, and after remaining conversing with Mrs. Harrison's sister some time, she told him Mr. Harrison was at Hampstead, and would be returning home; he told her he should make that in his way home, on purpose that he should meet him; when he returned back again with the sister, he found the girl had been treating with a man, and she asked for some change to pay the man; I then departed in expectation of meeting my friend, but did not recollect to pay for the pint of beer; I was sorry any thing should be said by Mrs. Harrison's sister of a man with whom he had had several peculiar transactions, and never had any mistake before; still I thought the value of a pint of beer would make no great deal of odds, as I would soon have gone and paid it; I went on to town, in hopes of seeing my employer, and between eight and nine o'clock, as I was returning, I was accosted by Mrs. Harrison; she said, what Troy, is that you; she called the watch; I said, you need not call the watch, I will go any where with you; she said, no, and called the watch, and he came, and she charged the watchman with me, and I was taken to St. Andrew's watch-house; he begs leave to observe, on his return from the opposite side of the way with Mrs. Harrison's sister, the bar was open, and laid open to every one that came in; but Mrs. Harrison's sister was at the till, and even if he had been so inclined, he could not have had an opportunity; and when he went to lodge with Mr. Harrison, he deposited one hundred and twenty-five pounds with him. He humbly implores that this honourable Court will grant him that mercy and humanity, which makes them so conspicuous.
Q.(To Mr. Harrison.) Did Mrs. Harrison come to town after the prisoner? - A. When I came home, my wife's sister told her what had happened; she said to me, my dear, I must tell you I have been robbed; that man that went away from you at Westminster, has been here; with that my wife went to town on Saturday, and said, I will not leave town till I find him, or meet him.
The prisoner called one witness, who gave him a good character.
JAMES WESTLEY.
540. JAMES WESTLEY was indicted for feloniously stealing, on the 24th of September , a time-piece, value 1 l. 1 s. the property of John Hodges .
JOHN HODGES sworn. - I am a broker , I live in Vine-street, Hatton-garden : On the 24th of September, I was shutting the shop between six and seven o'clock, and when I came out with the last shutter, I saw a boy jump off the step with the time-piece in his hand; I ran after him, and in about an hundred yards I took the boy with the time-piece in his hand; he was trying to put it in his pocket; I took him, and brought him back, and gave him and the time-piece up to an officer.
Q. Did you know the boy before? - A.No, I never saw him before in my life; his mother came to our house about a fortnight after the boy was taken up; she said she lived in Long-lane, and she had not seen the boy for a month.
WILLIAM CHAPMAN sworn. - I am an officer of Hatton-garden; I took the prisoner into custody; I asked him what he was going to do with the time-piece; he said he did not know what it was, but he should take it home to his mother, and he supposed his mother would send him back with it; I went back to Mr. Hodges, and saw the string broke where this time-piece hung. (The time-piece produced and identified by the prosecutor.)
541. MARY STEVENS was indicted for feloniously stealing, on the 12th of September , a silver watch, value 4 l. the property of James Brown
JAMES BROWN sworn. - I am a labouring man; I had been to work for Mr. Butts, in the brick-field, at Clapton; I had been out travelling about after work, and I could not get any; I went to the Bull, at Shoreditch, and I got a little drink there, and I gave some to this woman.
Q. What day was it? - A. The 12th of September.
Q. How long did you stay at the Bull? - A. From about four and five o'clock in the afternoon till between nine and ten at night; then this woman and I went out together; we walked up Kingsland-road , and I, being tired, went into the middle of the field, and laid down there; when I awoke, I lost my watch; there was no other person there with me but the prisoner.
Q. She was tired too, and laid down? - A. Yes.
Q. Did you ever find your watch again? - A. No; she went by the watchman as he was crying the hour of one, the watchman told me, and I went by as he was crying the hour of three; I slept all that time; she wandered away home, and I never saw her before last Saturday, she was in at the Bull; I asked her then about this watch; she denied it to me, and said she knew nothing at all about it; with that, the landlady went out, and fetched in two officers, and they took her into custody, and put her in the watch-house; I appeared before the Justice, in Worship-street, on Monday, about eleven o'clock; there she owned she had taken the watch from me.
Q. What did you say to her? - A. I asked her if she knew any thing about it, and she kept denying it, but when she came before the Magistrate, she owned she had taken it, and she asked the liberty of my going with her, and Ray, the officer, and we went to the house that she carried it to.
Q. Did you find the watch there? - A. No, the watch was not in the house; she told me she went there in the morning, after she had been with me, and rapped at the door, and the mistress of the house said, who is there; she said, Molly, and she opened the door; she said to the prisoner, where have you been all night; the prisoner said to her, I have been with a countryman, and I have drawed him of his watch; this woman said, Mary, let me look at it; she took it in her hands, and she said she did not know whether she put it under the bed, or under the cloaths.
JOHN RAY sworn. - I am an officer of Worship-street: Last Monday this woman was brought to the Office by one of the headboroughs of the parish of Shoreditch, on suspicion of stealing this man's watch; she stated, that if the prosecutor would go, or any officer, she would go and shew where she had sold it; I and the prosecutor were ordered by the Magistrate to go with her; she took me to a house in Great Saffron-hill, to a person that lodges in the house there; there is no number to the door; I searched the premises, but there was no watch to be found; the person of the house denied ever seeing it; she said she knew the woman very well; round this woman's neck, Mrs. Large, there was an handkerchief, which the prosecutor had given to the prisoner the night he had lost his watch, and the prisoner had made a present of this handkerchief to Mrs. Large.
Q. Then the watch has never been found? - A. Never has been found.
Q. Was any thing said to her to induce her to confess? - A. Not a word in my presence.
Prisoner's defence. The gentleman that went along with me first of all, I think, was in the Jane Shore , in Shoreditch; there he gave him two pints of beer; then we went to the Bull; he asked me the question if I would go into the fields with him; he gave me an handkerchief to put round my head, because the ground was wet; after that, he told me what he wanted of me; he said he had no money to pay me; he told me, on Monday night, he would give me two guineas, if I would own where the watch was.
Prosecutor. I had not above half a crown in the
world; I told her I would give her a shilling, if she would stop and get the watch.
Q.(To the prosecutor.) Q. Was that handerchief, which was on Mrs. Large's neck, your's? - A. Yes, I gave that to the prisoner.
THOMAS CURTIS.
542. THOMAS CURTIS was indicted for that he, on the 29th of September , did receive three shillings, the property of Rowland Heane , James Heane , and Edward Heane , his masters, and that he afterwards feloniously did secrete, embezzle, and carry away the same .
Second Count, for the like offence, only stating he received the money of William Doree .
And Two other Counts, for feloniously secreting embezzling, and carrying away, 4 s. on account of his said masters.
(The case stated by Mr. Watson.)
ROWLAND HEANE sworn. - Examined by Mr. Watson. Q. What are you? - A. I am a carrier from the city of Gloucester to London; I am in partnership with James Heane and Edward Heane ; the prisoner at the bar was a driver of one of our waggons; the waggon the prisoner drove came from Gloucester on the 26th, and arrived in London about three o'clock in the morning on the 29th: he came the last stage into London.
Mr. Knapp. Q. You cannot tell that? - A. He was employed by me, upon the last stage, to bring the waggon into London; the waggon was locked up; we never open the waggon but at Cheltenham, Gloucester, North-Leech, Burford, and Oxford: at these places, there are keys with the different book-keepers.
Mr. Watson. Q. Whatever parcel or package that was put into your waggon to come from either of these places to London, is there any account taken of them? - A. Yes; this was taken up at Cheltenham; the way-bill has an account of the goods; I received it from the prisoner at the bar, upon the arrival of the waggon on the 29th of September.
Q. Now look at the way-bill, and see whether there is any article directed to Sir Edward Bailey ? - A.There is, directed to Sir E. Bailey, 5 s. 4 d.
Court. Q. Was it a box or a trunk? - A. A trunk to Sir E. Bailey; they never put the address in our invoice, nothing but the article.
Mr. Watson. Q. What is the sum charged against that? - A.5 s. 4 d.
Q. That is in the way-bill delivered by the prisoner to you? - A. Yes, I received the way-bill, and was present at the unloading of the waggon, and there was no trunk directed to Sir E. Bailey.
Q. Did he ever account for the sum which is charged against it to you? - A. Never, in any way whatever.
Q. Did there appear any parcel directed to Mr. Budding? - A. None.
Q. Did the prisoner at the bar, as driver on that occasion, account to you for that package or the produce of it? - A. Not in any way at all.
Cross-examined by Mr. Knapp. Q. You say your partners are James and Edward Heane ; there are other persons in your concern? - A. There is nobody at all but them; one is my son and the other is my brother.
Q. The custom I suppose is to deliver the waybill immediately on the waggon's return to London? - A. Yes.
Court. Q. There is an invoice of what is put in at Gloucester, and there is a way-bill of what is taken in in the way; then at Cheltenham they put in, where they change horses; and whatever they take in at Northleech, that is put in the way-bill; and at Oxford, if they have a parcel, that is put in the way-bill; and so the same way-bill comes to London, and is evidence of what things are put in at these places? - A. Exactly so.
Mr. Knapp. Q. I understood the prisoner to be the person that took the waggon from Gerard's cross to London? - A. Yes.
Q. The prisoner never comes back from Gloucester? - A. O yes, he comes back in his regular routine of the waggon's going.
Q. How long is he coming from Gloucester to London? - A. About a fortnight, from his going out to his coming in, I am not exactly correct in that.
Q. I suppose that sometimes a waggoner may make a mistake in his accounts, and he may correct it in another? - A. No, never.
Q. You have always had correct waggoners? - A. The way-bill corrects them; I was in the way when the waggon arrived: I questioned him about these trunks; he declared he knew nothing of them; he told me the waggon was exactly as he received it from Gerard's cross; he swore it.
Court. Q. If there was any mistake in the way-bill it must have arisen at Cheltenham, because there they gave the way-bill, and there they put down the articles in the way-bill, and therefore, when he brought this way-bill, and you looking over the parcels finding a trunk in the way-bill and not in the waggon, you asked him how that came, and he said it was as he received it from the last carrier? - A.Justly so.
THOMAS LANGFORD sworn. - Examined by Mr. Watson. Q. What are you? - A. I am servant to Mr. Doree, who keeps the Green Man and Still, Oxford road.
Q. Do you remember the Gloucester and Cheltenham waggon stopping at your house, early in the morning of the 29th of September? - A. Yes, about three o'clock as near as I can guess: I received a box and a trunk; I have the book here;
it was written in the book by my master from my dictation, - Cheltenham-waggon, Bailey, a trunk, left 3 s. Budding, a box, 4 s. left, Charles-street, Queen's Elms.
Q. Look at the prisoner at the bar; do you know him? - A. Yes, I am pretty sure he was the driver of the Gloucester and Cheltenham waggon on that occasion; I have no doubt but that it was the prisoner; I took them into the warehouse; the trunk to Sir E. Bailey was delivered by Mr. Richardson.
Mr. Knapp. Q. In your presence? - A No.
Mr. Watson. Q. Did you deliver them out of the warehouse as coming from the Gloucester and Cheltenham waggon? - A. Yes.
Cross-examined by Mr. Knapp. Q. I understood you to say you were pretty sure it was him? - A. Yes.
Q. And then, when my friend put it more confidently on your part, you said you had no doubt whether you could positively swear it was him, aye or no? - A. Yes.
Q. How came you to say you were pretty sure it was him; do you mean to swear it was him, or you believe it was him? - A. I am pretty sure it was him.
Q. When he delivered the box and the trunk, did you pay him the carriage? - A. No, my master paid it in the evening when the man called.
Mr. Knapp. Q. Who told you to charge 3 s. for one and 4 s. for the other? - A. The waggoner; one was taken in at Cheltenham; he did not tell me where the other was taken in at; I put it down in chalk till my master came down, and then my master put it in the book.
Court. Q. One was to be left, and you were to have 4 s. for it, and the other to be sent as directed, and you were to have 3 s. for it? - A. Yes.
WILLIAM DOREE sworn. - Examined by Mr. Watson. Q. You keep the Green-man and Still? - A. Yes; I produce the book of the invoice, I have an entry of the Gloucester and Cheltenham waggon on the 29th of September, I made it myself, I made the entry from the last witness's information; he was porter and sat up that night.
Q. Were there any articles left at your warehouse from the Gloucester and Cheltenham waggon? - A. Yes, one was a trunk in the name of Bayley, 3 s. carriage, to be left till called for, and a box in the name of Budding, 4 s. carriage, directed to Charles-street, Queen's Elms; the trunk in the name of Bayley, I delivered myself as directed, I received 3 s. and 3 d. for it, 3 s. for the carriage, and 3 d. for the warehouse, and to the best of my knowledge the prisoner called in the warehouse; about the middle of the day, he said he called for the carriage of some goods he had left in the morning, I asked him what it was, he said 7 s. for two articles, I believe it was a box and a trunk, he said he drove for Mr. Hunt, at Oxford, I asked him if he did not drive for Mr. Heane, at Gloucester, he said no; I then asked him what his name was, I supposed they must have come by Mr. Heane's waggon; he then told me his name was John Clark , I then paid him the 7 s. in money.
Q. When did you next see the prisoner at the bar? - A. About a fortnight after, at the Police-Office in Marlborough-street.
Cross examined by Mr. Knapp. Q. That invoice is made from a report that you had from somebody else? - A. Yes, from the porter.
Q. I understood you to answer my friend, just now, when he asked you whether it was the prisoner at the bar, you said, to the best of my recollection it is the waggoner; the waggon has been at your house a considerable time, and every time there is a different waggoner, is there not? they change their waggoners? - A. No oftener than others, I believe.
Q. Do you mean to swear positively to the person of the prisoner? - A. To the best of my recollection it is the prisoner; I believe he was the person; I do not think that I ever saw that man before, but I believe he is the man.
THOMAS DRIVER sworn. - Examined by Mr. Watson. Q.You are a servant of Messrs. Heanes'? - A. Yes, I drove the first stage of that waggon, from Gloucester to Barns, two miles this side of North Leech.
Q.Did you take up any thing at Cheltenham? - A. Yes, a trunk and an empty hamper; I cannot say who that trunk was for; I never looked at the directions; I took it up at the warehouse at Cheltenham, and I took the way-bill from the book-keeper; the trunk that I took up at Cheltenham was put in the way-bill; I locked the trunk in the waggon myself.
Q. After the arrival of that waggon, on the 29th, in London (look at the prisoner at the bar), did you see him again, and whether he said any thing or what? - A.Yes, I met this man again at New Barns; he was coming down again; (I had been up to London, and my master had examined me at London about this trunk;) I asked the prisoner about this trunk; he told me he delivered it, and received the carriage; he told me it could never be found out, because he had told the porter it was Mr. Hunt's waggon at Oxford.
Court. Q. What is the prisoner's name? - A.Thomas Curtis.
Confined one year in the House of Correction , and fined 1 s.
CHRISTOPHER NEWMAN.
543. CHRISTOPHER NEWMAN was indicted for feloniously stealing, on the 20th of
October , a seven-shilling piece and a one-pound Bank of England note , the property of Jonas Swainson .
(The prosecutor was a Swiss, and was a lodger to the prisoner at the time mentioned in the indictment; he had agreed to give Newman a pound a week for board and lodging, but had not paid him any; the prosecutor had taken his money out of his protection-box, and laid it on the table; there were several people in the room at the time, and the prisoner took it up as his right, for the trouble of getting him a protection, and for his board and lodging. The witness not being able to speak English, was allowed an interpreter. The Court informed the Jury it was a mere quarrel about the money, and not a felony.)
First Middlesex Jury, before Mr. Common Serjeant.
ANN MEARS.
No Punishment
544. ANN MEARS was indicted for feloniously stealing, on the 13th of October , a tablecloth, value 5 s. three neck-handkerchiefs, value 3 s. five caps, value 5 s. three tippets, value 5 s. and two pocket-handkerchiefs, value 2 s. the property of Elizabeth Barclay .
ELIZABETH BARCLAY sworn. - I am a widow woman, I keep a public-house the sign of the Ship, at Stepney : The prisoner came into my house on the 13th of October, in company with another woman, about ten o'clock in the morning, they called for a quartern of gin at the bar, and after they had drank it, the prisoner walked backwards, the pantry is at the back-door, where I had seen these things ten minutes before; when she returned, I thought I perceived a bundle in her apron, I followed her to the door, and waited till she put the basket of fish upon her head, she is a fish-woman, then I observed she had a bundle in her blue apron; I returned in, and asked my servant to go backwards, and see if there was any of my property missing, but she did not miss any thing, at that time I was perfectly satisfied; about half an hour afterwards, the servant then came and told me they were gone. In consequence of my knowing the woman that was drinking with her at my house I sent for the woman, and I told her I suspected the woman had robbed me that was with her; she told me the prisoner's name, and where she lived; and, in about an hour and a half, she was stopped at a pawnbroker's pledging the table-cloth.
ROBERT COOMBES sworn. - I am an officer of Lambeth-street: On Saturday the 13th of October, about twelve o'clock, I heard that Mrs. Barclay had been robbed of some linen; I found the prisoner at Mr. Texter's, the pawnbroker's, facing the London-hospital, she was at that time offering the tablecloth to pawn; I found in her apron a cap, and a half-handkerchief; and when I had taken her into custody, she said she had washed the other things in her room, and hung them up to dry; she said she had bought them of a sailor for half-a-crown, he had asked five shillings for them.
Q. Were they in her own lodgings? - A. No, in another person's room, she shewed me the place; the things I now produce, I found by her own direction. (The property produced, and identified by the prosecutrix.)
The Jury recommended her to mercy on account that some of them had known her for twenty years, and during that time she had bore a good character; and the prosecutrix also joined in the same request.
DISCHARGED .
THOMAS WITHEN.
545. THOMAS WITHEN was indicted for feloniously stealing, on the 5th of October , sixty pounds weight of sugar , the property of the West-India Dock Company .
Second Count. For stealing the same goods, only laying them to be the property of certain persons to the Jurors unknown.
(The case was opened by Mr. Gurney.)
JOHN SENTENCE sworn. - Examined by Mr. Gurney. Q. I believe you are clerk; have you the register of the ship? - A. Yes. (Produces the book.)
Q. Is that the public register? - A. Yes, it is.
Q. Give us the owners' names of that ship? - A. Richard Morse, John Leech , Charle Graham, William Barnet , Alexander Allan, Alexander Smith, Jonathan Fryar , Duncan Davison, Jonathan Crookshank , John Crookshank, George Ogelby , James Mingle , John Mingle, John Thompson , jun. and James Potts .
Q.Whom did you look upon as master of the ship? - A. James Leech .
Court. Q. What ship? - A. The Reward.
WILLIAM MARSHAM sworn. - Examined by Mr. Gurney. Q. You are the son of the secretary, and you are the chief clerk to the secretary of the West-India Dock Company? - A. I am.
Q. Will you give us the names of the directors of that Company? - A. George Sheppard , Thomas Huam , James Bayley, Henry Davison , John Mellan , Thomas James , Johnson Arnett , Thomas Plomer, Thomas Stiles , Joseph Tempere , Joseph Welch , and Henry White .
Q. Is John Strouder the principal clerk of the Dock Company? - A. Yes.
Court. Q. They are not traced in his charge before they are unloaded? - A. Yes; the whole charge of the Dock: it includes the vessels that are in the Dock, he has the charge of the vessels immediately they come into the Dock.
Q. Is John Pallet captain of the Warehouse, No. 2.? - A. Yes.
JOHN PALLET sworn. - Examined by Mr. Gurney. Q. You are captain of the warehouse, No. 2, in the West-India Docks? - A.Yes; I have the management of that warehouse under captain Strover;
and the cargo of the ship Reward, captain Leech, was unladen at our warehouse; the prisoner was foreman to the whole of the men that was employed in the Reward.
Q. Was sugar part of her lading? - A. Yes; I have known the prisoner there eighteen months.
Cross-examined by Mr. Knapp. Q.During that time, has his character been as an honest industrious man? - A. Very much so.
Court. Q. He was put there by his good behaviour? - A. He was.
DAVID HOLLAND sworn. - Examined by Mr. Gurney. Q. You are an apprentice to captain Leech, of the Reward? - A. Yes.
Q. When the ship was brought to the West-India Dock, do you remember the prisoner at the bar, and the other labourers, being put on board? - A. Yes.
Q. When he was unloading the vessel, did he, or any other persons belonging to that company, say any thing to you? - A. Yes, the prisoner asked me if I wanted any sugar for sea stock; I said I did not care; he said, if I would get him two bags, he would put some away for me, and I was to give him a little grog for it, that was his proposal; I gave him the bags, and I gave him some grog twice, and two bottles of beer, which I got from the cabin store.
Court. Q. They were your master's stores. - A. Yes; then, after the ship was going away, he told me he would put some sugar away for me; he told me he would put away one bag in the aft knee, and the other in the pump well.
Q. Did he tell you what the bag contained? - A. He told me he had put sugar into the bags; this was about a day or two after I had given him the bags he told me this.
Q.Who were on board at the time? - A. The mate, and the steward, and me, and the labourers
Q. What did you do with that in the pump well? - A. I put it on the ballast that it should not get wet.
Q. Did you look in the after knee likewise? - A.No.
Q. Then the bag remained there till Mr. Bunny found them? - A. Yes.
Cross-examined by Mr. Knapp. Q. How old are you? - A.Fifteen.
Q. How long have you been employed on board of vessels? - A. This is the first voyage.
Q. Were you taken up for this? - A Mr. Bunny came on board, and I was taken to prison.
Q. Do you come here from gaol? - A. I came here from my mother's.
Q. You did not think there was any great harm in your taking grog and beer? - A. No.
Q. There was no great harm in taking sugar? - A. I did not take sugar.
Q.Did you say any thing at all about this, till Mr. Gotty took you up? - A. No.
Q. Then it was the first time that you said any thing about it when you were taken up; you did not think it any harm in taking the grog and the beer? - A. The grog I had given me by the steward.
Court. Q. Was the beer given to you? - A. Yes; I took it by the steward's permission.
Mr. Knapp. Q. That was the ship's stores? - A. No, it was left by the passengers.
Q. So this is the first voyage, and this is the first time you have turned thief? How many other things did you take away? - A.Nothing at any time.
Mr. Gurney. Q. You are sure these bags were empty at the time you gave them to the prisoner? - A. Yes.
JOHN GOTTY sworn. - Examined by Mr. Gurney. Q. You are an officer of the Thames-Police? - A. Yes: On the 5th of October, I went on board the Reward, captain Leech, she was laying then in the Upper Bason in the West-India Dock.
Q. Did you search under the ballast near the pump well? - A. I did; I found a bag containing thirty-four pounds of raw sugar; I produce the bag found under the ballast, and that found in the aft knee.
Q. You were present before the Magistrate after Holland was examined; do you remember any questions being asked by the prisoner to Holland? - A. Yes; they were taken down.
Q.Is that the Magistrate's hand-writing to the questions and answers? - A. Yes. (The paper shewn him containing the prisoner's questions to Holland before Magistrate, which was read.)
Prisoner. Q. Did not you ask me to give you some sugar instead of my asking you to have some? - A. I did not ask the prisoner, he asked me first.
Q. And, at two or three days afterwards, whether I should forget you or not? - A. I am certain I did not.
Q.(To Witness.) Were these questions put after Holland's examination? - A. Yes.
Court. Q. Were these questions asked by him after he was asked by the Magistrate if he had any thing to say in his defence? - A. They were.
The prisoner left his defence to his Council, and called three witnesses, who gave him a good character.
HENRY SELLS.
546. HENRY SELLS was indicted for feloniously stealing, on the 13th of October , in the dwelling-house of James Wisdom , three Bank of England notes, value 3 l.
The prosecutor not appearing, his recognizance was ordered to be estreated, and the prisoner was
HENRY TROTMAN, CHARLES ARMITAGE.
547. HENRY TROTMAN and CHARLES ARMITAGE were indicted, the former for feloniously
stealing, on the 12th of September , fifteen sacks, value 15 s. and seventy-five bushels of flour, value 45 l. the property of John Tusting ; and the latter for feloniously receiving the same, knowing it to be stolen .
JOHN TUSTING sworn. - Examined by Mr. Gurney. Q. I believe you are a flour-factor ? - A. Yes, I live in Church-street, St. Saviour's, in the Borough.
Q. Do you know the prisoner, Trotman? - A. Yes, very well; I have known him six or eight months; he has been in my service ever since the latter end of May or the beginning of June.
Q. By whom was he recommended to you? - A. By Charles Armitage , the other prisoner; I hired him to conduct a bakehouse, in Union street, Kingsland-road.
Court. Q. Did Armitage recommend him to you as a servant? - A. He recommended him to me as an honest worthy servant; he said he would be bound for his honesty, he had lived with him for six or eight months.
Mr. Gurney. Q. You say he was to manage a bakehouse there for you; what wages was he to have? - A. Eighteen shillings per week and the privilege of the bakings; I took the house, and bought the fixtures, and put him in, as baker, the same as the others; I had one or two more at the same time; I paid every expence of the business; the assize-papers, salt, yeast, and coals, and every individual thing; I paid for the printer's bills.
Q. Did he go into that house, and into that business for you? - A. He did; I from my own stock provided flour; he paid me as he sold the bread for the consumption; we settled once a week, on Thursday; I believe I always went to him; I settled up to the 6th of September, debtor and creditor. (Produces the book.)
Q. Did you sell the flour to him, or did he receive it as your servant? - A. I never sold to him a sack of flour, but he was to account to me as bread; on the 6th of September there remained twelve sacks of flour on hand; that was on Thursday; on the Tuesday following he came to my house; he said he wanted some more flour; he was getting on famously; he baked a great deal of it, and begged I would send him some fresh flour in; I immediately ordered twelve sacks to be sent to him; this was on the 11th; on the 13th, Thursday, I went, as usual, to settle with him, and very much to my surprize, I found the house shut up, and every thing taken away that he possibly could, and he himself was gone.
Q. Did the prisoner Armitage come to your house at all? - A. Yes, he came to my house on the 16th; he enquired if I had heard or seen any thing of Trotman; I said, I think, Armitage, you know where he is; he declared to me that he had not seen him; he wished he had, for that he had borrowed of him 5 l. the week before, on purpose to make my money up, and he had run away with it; on the 22d I went to Armitage; he lives on Saffron-hill; Mr. Cole was with me; I knocked at Armitage's door; he is a baker; I said, what, Armitage, are you here; I told him I rather suspected he knew something about Trotman, and about the flour, as I had told him at my house; he said he knew nothing about the flour; I told him I believed I should make him know something about it, before I had done with him; I looked round the shop, and could not see any sack belonging to me, but one, and that was marked Hobrey; it was standing with salt in it; I had sent that sack to Trotman with flour in it some time before, and I had seen the sack at Trotman's house with some salt in it, that he had bought of some person, not on my account; he denied the flour; I sent for Mr. Trott, an officer, and when he came Armitage was very much frightened and alarmed; then he acknowledged to have received twelve sacks of flour from Trotman, but he would not keep them; he sent them away the next morning; I asked him where he sent them to; he said, Trotman took them away himself, he did not know where they were gone to; we were altogether, Trott, Armitage, and me; Trott said that he had observed some few sacks of flour go out a few days before, and he could not make out where the flour went to.
Q. After this did Trott and you go to any person's house? - A. To one Salter's, a Baker, in Leather-lane, and there I found two sacks that I had sent from my own house to Trotman's; it had not been unsewed, it had the appearance of being in the same state as I had sent it from my own warehouse to Trotman's, and there was another sack, marked Man, but I did not swear to that, I had no doubt of it; after this I came back to Armitage, and told him what we had found; then he acknowledged to the receiving of twelve sacks from Trotman.
Q.Did he produce any bill or receipt to you? - A. Yes, he produced a receipt for twelve sacks of flour, signed by Trotman; D - n me, says he, that is the receipt, you can do me no harm, I have bought the twelve sacks of flour, and paid for it; the receipt expressed twelve sacks of flour: I said to him, that would not account for the 15; Trott took him then into custody, and took him to a public-house; he seemed very much frightened; if this be the case, says he, I will tell you the whole about it; Mr. Tusting, I should never have served you so, if you had not used me ill; I told him that I never had used him ill; he said I had, in not letting Trotman be best for him, in some difference there was between his wife and him; he said, I will tell you were Trotman is; he has been at my house near a week, and he left
me on Wednesday last, and he is gone down to the Devizes, but if I would not believe him, if I would go to an inn at the top of Fleet-street, I should find his box, directed Crouch; he had altered his name, for fear I should find him out; I accordingly went to this inn, as he directed me, one of the waggon-inns, just at the top of Fleet-market; I did not find his box; I found an entry of the box, in the name of Crouch; upon this, Trott and I went to the Devizes that evening; we got there the next morning very early, and there I found Trotman in a little room, with his wife, at a public-house, up stairs; they seemed to be repacking their clothes up; Mr. Trott entered the room before I did; I was close by to hear what passed; Mr. Trott said, you are the man that we want; you must pack up your things and go with us; he said he would get packed up directly; I was in the room all the time; Trott asked him if he had any property belonging to me; Trott found some money on him, that he acknowledged to be my money for the bread he had manufactured the week before, and also a debt that he had got from a neighbouring person, it was 11 l. I asked him if he had received any money of Armitage; he said he had not received a single farthing of it, nor for the flour sold, nor the candles; he had borrowed 2 s. of his wife, which he paid him at that time; he told us that Armitage desired him to give a receipt, in case that I should find out the flour, that he might shew the receipt, that I might not do any thing to him; he gave him the receipt, in the presence of Paul Hatton, but it was a false receipt; he acknowledged to being with Armitage, and he had been down a day or two in the country.
Cross-examined by Mr. Knapp. Q. Before Armitage said any thing to you about it, you probably told him, it would be better to confess? - A. I did not say any such thing.
Q. You told him you would prosecute him? - A. I meant to do it, if I could.
Q. Did you threaten him you would prosecute him, if he did not confess? - A. No, nor any thing like it.
Q. Armitage came to you, after Trotman had gone off? - A. It appears to me, that he was at his own house at that time.
Q. He was gone from Union-street? - A. Yes.
Q.He produced a receipt to you? - A. He did.
Q.Trotman was your servant? - A. Yes, he was.
Q. With the name over the door, Henry Trotman , bread and biscuit baker; and the cards that you paid for, were made out in his name? - A. They were.
Q.Henry Trotman, bread and biscuit baker and flour manufacturer, Union-street, Kingsland-road; this is the card he distributed to your customers, therefore he appeared to the customers, and the world at large, as one who had the management of the shop; as one that kept the shop; who made the return? - A. He made the return, but I never charged him with it.
Q. Whether Trotman, as the proprietor, did not make the return in his name? - A. Yes.
Court. Q. Any body might suppose Trotman was the master; did any body besides Armitage know of the engagement between Trotman and you? - A. It was not likely that any body should know; I do not know that any body knew of any engagement but Armitage and him.
Mr. Alley. Q. You had employed Trotman to open a cheap bread shop; a loaf for three-halfpence less than any body else would sell it for, and he was to return the money of what he had sold? - A. Yes, he had no right to sell a sack of flour.
Q. If he had sold a sack of flour, he was to return you the money? - A. To be sure he was; he had no right to sell a sack of flour at all.
Q. Do you mean to swear that? - A. I do not.
Q. Do not you know that he sold a sack of flour to Michael Finch ; did not Finch offer to pay you? - A. Not till within these four or five days.
Q. Did you ever make any application to the prisoner, that if he would pay you the money, to the amount of what the flour was sold, you would let him off? - A. I never have.
Q. You know very well, as a baker, a return should be made every week; did not you desire the prisoner at the bar to make your return, as under your direction? - A. He was my servant, and had a right to go by my directions, or else I would have turned him off.
Mr. Gurney. Q. Did you ever give him any profit of any flour he had sold? - A. No, he had his wages and the privilege of the bakings.
Q. Did Armitage know the relation in which Trotman stood to you? - A. O, yes, he did know exactly.
THOMAS TRACEY sworn. - Examined by Mr. Gurney. Q. You are a servant of Josiah Keeves , who keeps town carts? - A. Yes; on Wednesday, September 12th, we took fifteen sacks of flour from Trotman's house, Union-street, (Trotman helped to load the cart,) to the corner house at Hatton-wall, Saffron-hill, a baker's shop; Trotman went along with me.
Q.Was that the same house you took Mr. Tusting to? - A. The very same house.
WILLIAM SALTER sworn. - Examined by Mr. Gurney. I am a baker, in Leather-lane.
Q. Do you know the prisoner Armitage? - A. Yes.
Q. In the month of September last had you any transaction with him, respecting flour? - A. Yes,
I had five sacks of flour from him; he gave me five sacks of stale flour and a sack of salt, for five sacks of fresh flour; he took the five sacks of fresh flour with him.
Q. Did he borrow any sacks of you at that time? - A. No; it was three or four days before, that he had borrowed ten empty sacks of me.
Q. Did any of the five sacks of flour that came to you, come in the sacks that he had borrowed of you? - A. Yes, two of them.
JOHN TROTT sworn. - Examined by Mr. Gurney. Q. You are an officer of Hatton-garden? - A. Yes, on Saturday, the 22d of September, I went to the house of Mr. Armitage.
Q. Have you heard the account which Mr. Tusting gave? - A. Yes, it is true; there is one thing that Mr. Tusting has not related; the prisoner Trotman asked me who had told me where to find him; I told him it was Armitage; he said, he was a d - d rogue; then I put the question how much flour he had sold to Armitage; he said, fifteen sacks; there was an agreement made for twelve sacks, of which Armitage got him to give a receipt for; I said, why not give a receipt for the whole fifteen; I cannot exactly remember the words about the receipt; it was something concerning the receipt-stamp would not do for the whole amount; he said that Armitage said to him, if he had a receipt for twelve sacks that would take off any suspicion.
Mr. Knapp. Q. This was what Trotman said; Armitage was not present? - A. No, Trotman said he had received no money from Armitage; he supposed he should be served the same way as he had served Mr. Tusting, get none; I produce the three sacks I received from Mr. Salter.
Q. Had you a few days before seen any flour removed from Armitage's? - A. Yes; I live nearly opposite; it might be three or four days before that Saturday; I was coming out of the door, going up to the Office, and I observed a grey horse, which is not able to carry flour a great way, and a very little cart; I observed the sacks being put in in a great hurry; it struck me very surprisingly that he had not been in the shop long, on account of removing the flour; I saw them put it in a cart opposite Armitage's door.
Q. Did the flour come out of Armitage's house? - A. I did not take particular notice; I saw three or four sacks put into the cart; on the morning of the 22d, I went and enquired, and these are the sacks I had from Mr. Salter; one of them is marked with a piece of leather, No. 1; Mr. Tusting told me it was marked so. (The sacks produced and identified by Mr. Tusting.)
Trotman's defence. Mr. Tusting, the prosecutor, employed me to print these bills; he indited them himself at his own house, and what was denominated to me as wages, was in case of fines, before I went before the Lord-Mayor; I told him the consequence, that I was going to do a thing that was wrong; he did not seem to like me to have that shop, without I made an affidavit of the return; he said, you must go and do it; I am sorry he has betrayed me as he has done; he allowed me to sell the flour, I did not do any thing but what he allowed; he said if I had not flour in the shop, to come to his warehouse for it.
Armitage's defence. I did not know that Mr. Trotman was a servant of Mr. Tusting's; I happened to see a hand-bill - Trotman, bread and biscuit-baker, and flour manufacturer, Union-street, Kingsland-road; bread sold three-halfpence under the assize price; flour sold by the sack or score, at the shortest notice. - There is a hand-bill there of the same.
The prisoners called three witnesses each, who gave them a good character.
Trotman, GUILTY , aged 30.
Armitage, GUILTY , aged 30.
JOHN WILKINSON.
548. JOHN WILKINSON was indicted for that he, on the 17th of October , upon Nathaniel Oliver , a subject of our Lord the King, feloniously, wilfully, and unlawfully, did make an assault, and with a certain sharp instrument did strike, cut, and wound, the said Nathaniel Oliver in and upon his little finger of his right hand, with intent in so doing to kill and murder the said Nathaniel Oliver .
Second Count. For like offence, with intent in so doing to disable the said Nathaniel Oliver .
Third Count. For like offence, with intention to do him some grievous bodily harm.
It appearing from the evidence of Edward Rogers , Police officer, of Shadwell, and who also held an Admiralty warrant, that he went to the Three Tuns, at the foot of New Gravel-lane, for the purpose of apprehending the prisoner, who was a sailor ; the witness was accompanied by Oliver and two other officers; the press-warrant the witness held being directed to Edward Rogers , and not describing him as a peace-officer, nor signed by the Magistrates, the prisoner was
RICHARD HAYWARD.
Miscellaneous: perverting justice.
549. RICHARD HAYWARD , alias REGINALD HARWOOD , was indicted for that he, on the 20th of October , upon Sarah, the wife of William Wilson , a subject of our Lord the King, feloniously, maliciously, and unlawfully did make an assault, and with a certain sharp instrument did strike, cut, and wound her in and upon her face, with intent to resist, obstruct, and prevent the apprehension and detainer of him the said Richard
Hayward, for a certain felony for which he was liable by law to be apprehended and detained .
Second Count. For like offence, only charging it to be done with intention to resist, prevent, and obstruct the lawful apprehension and detainer of himself and his accomplice.
(The indictment was stated by Mr. Alley, and the case opened by Mr. Gurney.)
WILLIAM WILSON sworn. - Examined by Mr. Alley. Q. You are an upholsterer? - A. I am.
Q. Do you know to whom the house, No. 11, Thayer-street, Manchester-square, belongs to? - A.Mr. Richard Crabtree.
Q. On the 20th of October, was he the tenant? - A. He was on the 20th of October; his agreement was from Michaelmas-day; I was with him at the time he took it.
Court. Q. When was the key given to him? - A. I had the key on the 15th of October, it was given in to my possession for Mr. Crabtree.
JAMES JENKINS sworn. - Examined by Mr. Gurney. Q. Were you at this house at all, on Friday, the 19th of October? - A. I was at No. 11, Thayer-street.
Q. Were any goods of Mr. Crabtree taken into the house on that day? - A. There were.
Q Did you superintend the removing the goods into this house; were you there after they were taken into the house? - A. I was, and saw them there; that was on Friday, the 19th.
Q. Did you go there again the next morning, on the morning of the 20th? - A. I did.
Q. Did you find any of the things gone that were sent the night before? - A. I did.
Court. Q. You found the house had been robbed? - A. Yes.
Mr. Gurney. Q. Do you remember any bolsters and pillows that were there? - A. There were two large parcels went, but I did not see them opened.
Q. Do you remember, on Saturday morning, any bolsters or pillows left there? - A. There were a bed, and other things; I did not open them; they were in the front parlour.
Q. Was your daughter with you on Saturday morning? - A. My daughter was; we came out at the same time.
Court. Q. All that you know is, that the furniture was brought in belonging to Mr. Crabtree, on Friday, the 19th; and on the morning of the 20th, it was gone? - A. Yes, some of it.
Mr. Gurney. Q. When was the copper set in the back kitchen? - A. On Friday the copper was set and safe in its proper place, and on Saturday it was removed into the front parlour.
Miss JENKINS sworn. - Examined by Mr. Alley. Q. Do you know this house, No. 11, Thayer-street? - A. Yes.
Q. Did you see the things brought into the house? - A. I did.
Court. Q. What time? - A. On Friday morning.
Q. Did you see any bolsters? - A. Yes, they were in the front parlour on Saturday morning.
Q. You afterwards went back in the evening? - A. Yes, about seven or eight o'clock.
Q. Were the things in the same situation then? - A. No, they were removed into the passage.
Q. Had you seen any person? - A. I was with Mrs. Wilson at a house opposite; I went there at five o'clock.
Q. At what time of the day was it you saw somebody go into the house? - A. In the evening about six or seven o'clock; I was at a window in the opposite house.
Q. Had you an opportunity of seeing who went in and who went out of the house, No. 11? - A. I saw two men go in; this was on Saturday; I cannot tell who they were.
Court. Q. On Friday morning you saw the bolster and pillows in the parlour; on Saturday morning where were you then? - A. I went into the parlour again, and between six and seven in the evening they were removed into the passage.
Q. You saw somebody go into the house; they were two men, but you cannot recollect who they were? - A. No; I communicated it to Mrs. Wilson when they were there.
Mrs. WILSON sworn. - Examined by Mr. Gurney. Q. You are the wife of Mr. William Wilson ; on the evening of Saturday, the 20th of October, were you with Miss Jenkins at Mr. Williamson's, opposite No. 11? - A. I was.
Q. While you were watching No. 11, did you see any persons go into that house? - A. I saw two men, one man went in at the door, and the other stood at the window.
Q. In consequence of what Miss Jenkins said to you, did you go to No. 11? - A. In consequence of what Miss Jenkins said to me, I observed the house, No. 11, and I saw a lighted candle in the passage of No. 11.
Q.Had that light been in the passage before you saw these two men go into the house? - A. It had not.
Q. Did you go to the door, No. 11? - A. I did.
Q. Did you knock at the door? - A. I knocked at the door very violently; the door opened very quick, and a man rushed out; I put up my hand to stop him, and he lifted up his hand, and struck me.
Q. Was any thing in his hand when he was in the act of striking? - A. I cannot say whether there was any thing in his hand.
Q. Where did he strike you? - A. He struck me on my right cheek.
Q.Did he knock you down? - A. No.
Q. What injury did you receive from that blow? - A. I received from that blow a violent cut, and one of my teeth was removed.
Q. Who was the surgeon that attended you? - A. Mr. Davis.
Q. Did that person, who struck you, run away? - A. Yes, he ran away immediately.
Q. Did you see the second person run away? - A. I saw the second person behind that person who struck me; I know nothing more.
WILLIAM- HENRY HOLFORD sworn. - Examined by Mr. Alley. Q. What are you? - A. I am a merchant, I live in Crutched-friars, in the City.
Q. Did you happen to pass through Thayer-street? - A. Yes.
Q. When you were passing, did any thing particular take your attention? - A. I passed on the right-hand side of the way, a woman came out of a house, and I saw a lady looking out of a window at the upper story of the house opposite No. 11, she cried out to me for God's sake go over, pointing to that house opposite; in consequence of what she said to me I went over, to No. 11, I turned round and went to the house, and saw the lady knocking violently at the door.
Q. At the door No. 11? - A. I cannot say that, I was at too great a distance from the place, I proceeded about half way across the street; when the door opened, the prisoner rushed out, and struck Mrs. Wilson on the face, I did not see the blow directed particularly on the face of the lady, as he passed he gave a violent blow; running up Thayer-street, the prisoner was passing by me, I sprang and seized him; he struggled, and with his right-hand raised an instrument, and made a violent blow at me, which very luckily I avoided as much as I could; it was an iron crow, I saw it afterwards; he struck me on the thigh, and just cut through the skin, (the crow produced); that is the crow, he struck me with that.
Q. Have you any doubt of the prisoner being the man that struck you? - A. None at all, I never lost sight of him; at the time he made the blow at me, I returned it; he fell from the blow that he received from me; he got up again, and ran away; I never lost sight of him.
Cross-examined by Mr. Knapp. Q. What time of the night was this? - A. Near seven o'clock in the evening, it was dark.
Q. You had no opportunity of observing the person of the man? - A. No, not till I got into the light; I never lost sight of him.
THOMAS WILLIAMSON sworn. - Examined by Mr. Gurney. Q. You live opposite this house, No. 11? - A. Yes, I keep a toy-shop.
Q. It was in your house that Mrs. Wilson and Miss Jenkins were watching? - A. It was.
Q.Did you see or hear Mrs. Wilson knock at No. 11? - A. I was close by, and my wife also.
Q.Did you see any person come out of the house? - A. I saw two men come out of the house, No. 11; I saw the prisoner at the bar lift his hand, he was the very man that first came out; I think they were nearly together; I did not stop to see whether she received the blow, but pursued him; one went one way, and one went another; I pursued this man, I pursued him about sixty yards from the door; a gentleman met him then, and I believe seized him; he ran faster than I did; he had a scuffle with him, and in consequence of that fell down, and then he got up, and came on the other side of the street where I live; he slipped round William-street; I pursued him, and never lost sight of him; when I got to the corner of Mary-le-bone-street, in William-street, I just looked, and saw him in there; then I kept running, and saw him seized; I saw a mob of people, but he was not there.
Q. Did you lose sight of him? - A. Not at all.
Q. How far was he apprehended from the house that he came out of? - A. About fifty or sixty yards.
Q. Are you quite sure that he is the man that came out of No. 11? - A. I am quite sure.
WILLIAM SNOWDEN sworn. - Examined by Mr. Alley. Q. You are a butcher; do you recollect, on the day we have been speaking of, seeing the prisoner at the bar, and where? - A. I saw him in Mary-le-bone-lane.
Q. What distance was he from the house, No. 11? - A. I should think it was a hundred yards.
Q. When you first saw him, was he standing still, or running? - A. He was running, he had no hat on at all; I heard the call of stop thief, I ran out and stopped him, I and another man with me; we both caught him together.
Q. What was the other man's name? - A.Benjamin Chauntry; the prisoner had the crow in his hand at the time.
Q. Did he do any thing with it? - A. Not exactly at the minute; we took him into custody; it was about twenty yards distance before he made any resistance.
Q. What sort of resistance did he make? - A. He turned round and struck Chauntry across the eye-bone with the crow; I never lost him; he struck at me four times, but he missed me; he struck four times before I could get the crow from him; at last I took it from him, and I took him to Mary-le-bone watch-house, and gave the crow to Mr. Moore, the watch-house keeper; it is the same crow produced now; I marked it.
JOHN FOY sworn. - Examined by Mr. Gurney. Q. You are a Police-Officer, at Marlborough-street? - A. I am.
Q. From whom did you receive that crow in your hand? - A. I received it from the last witness, by order of the Magistrate.
Q. Did you go to the house in Thayer-street, and take that crow with you? - A. I did.
Q. Did you find any mark of a crow on any
part of that house? - A. On the second floor front room; the door of that room had been forced with that crow, or one similar; I likewise found some marks on the copper; the copper had been raised out of the brick-work, the marks exactly fitted this crow; there was a dark lantern in the house; I produce it.
JAMES DAVIS sworn. - Examined by Mr. Alley. Q. You are a surgeon? - A. Yes, in Thayer-street, Manchester-square.
Q. Do you recollect being called in on the evening of that day to this lady, Mrs. Wilson? - A. Yes, about seven o'clock in the evening; I found Mrs. Wilson had received an extensive wound on the right side of the face, near two inches in length; it appeared to be inflicted by a sharp instrument; at the inferior part of the wound the instrument had penetrated into the mouth; it had cut through the flesh; it is what we denominate a fresh wound; one of the large double teeth in the lower jaw was loosened in the socket, and there was a considerable hemorrhage. (The crow shewn to the witness.)
Q. Have you any doubt but it might be done by such an instrument as this? - A. I have no doubt but such an instrument as this would inflict such a wound.
JOHN BLAIR.
550. JOHN BLAIR was indicted for burglariously breaking and entering the dwelling-house of George Gibb , about the hour of twelve in the night of the 28th of September , with intent to steal, and burglariously stealing one screw-box, value 1 d. one gold ring, value 2 s. a silk handkerchief, value 6 d. a knife, value 4 d. and twenty-five guineas , the property of the said George Gibb .
GEORGE GIBB sworn. - Q. Where do you live? - A. In Red-lion-passage, Hoxton, in the parish of St. Leonard, Shoreditch .
Q. When were you robbed? - A. On Friday, the 28th of September.
Q. Have you the whole of the house to yourself? - A. No; I let the middle room on the first floor to a lodger; I rent the whole of the house myself, I only let one room to a lodger.
Q. What does your family consist of? - A. I have six children, but only five at home; myself, wife, and five children.
Q. On Friday night at what time did you go to bed? - A. About ten; it might be rather before.
Q. What part of the house do you sleep in? - A.In the upper room of all.
Q. Who went to bed first? - A. My wife slept down in the lower apartment with two of the youngest children, they being ill.
Q. Who was up last? - A. My wife was up after me.
Q. Is she here? - A. Yes.
Q. You cannot tell how your house was fastened when you went to bed? - A. No; my wife fastened it all but the front door, which she did not, because there is a young man belonging to Sadler's Wells, and he used to fasten it.
Q. Is he here? - A. Yes.
Q. You went to bed about ten o'clock? - A. Yes.
Q. Where did you put your cloaths? - A. I had been at work without my coat; I am a tailor by trade, and a labourer in the East-India Company's warehouses; I had been at work without my coat; my waistcoat I threw on a chest, which I sat to work upon, at the foot of the bed; my breeches and stockings I threw on the floor, as I sat at the foot of the bed.
Q. Did you hear any disturbance in the course of the night? - A. No.
Q. Had your room-door any lock or bolt? - A. It had a lock, but the key was on the outside, and was a spring lock.
Q. Are you sure that door was shut? - A. Yes, it catches very easy.
Q. Did you shut the door yourself? - A. Yes; I was the last that went up stairs; the three children were in bed before I went into the same room.
Q. What time in the morning did you get up? - A. About five; I have a Dutch clock, and I set the alarum at that time.
Q. Where did you find the cloaths you had pulled off? - A. I had left my coat below; I found my breeches and stockings on the floor, where I had left them; my waistcoat was moved off the chest on to the chair.
Q. Are you sure you had not laid it on the chair? - A. Yes, I am quite certain; when I took it up to put it on, I perceived it to be light; I remembered I had put eight-pence in copper in it over night.
Q. Was that gone? - A. Yes; I had three farthings, a bad halfpenny and a farthing, and it was all gone.
Q. Had it tumbled out of your pocket? - A. No, or else it would have been found in the room; I then went down stairs, and found the door wide open.
Q. Was it light? - A. No.
Q. Can you swear that your room door was shut when you went to bed? - A. Yes, I can swear that I shut it; there is a catch to pull back, and outside there was a key.
Q. Was there any hook to keep the catch back? - A. No.
Q. Are you sure it caught? - A. Yes, I am quite sure of it.
Q. How did you come to leave the key on the outside? - A. I was not afraid of any thing; I always shut the door on account of the children, because
it would give them cold, it being at their feet.
Q. When you went down stairs, did you perceive any thing? - A. The yard door was wide open.
Q. How that was left you cannot tell? - A. My wife fastened it.
Q. Are you sure you were the first up in the house? - A. I am certain I was.
Q.Did you see any thing about the yard door? - A. I could hardly see; it was getting light, it was about five o'clock; I mostly set my clock fast, because I wish to keep my time.
Q. Did your clock strike five? - A. No, the alarum went off.
Q. Had you set it for five o'clock? - A. Yes.
Q. It was rather before five than after? - A. It might be rather before than after.
Q. Did you perceive any thing near the yard door? - A. The bar was laying along-side, at the bottom of the door, on the inside of the house; it was only barred with a wooden bar that goes into a staple, and drops into another.
Q. That must have been opened on the inside? - A. Yes, they came in at the kitchen window.
Q. Is there a shutter which goes up on the door? - A. No; there are two small panes of glass at the top, of about eight or nine inches; one of them had been broke ever since I had been in the house; there was a hole in part of it before, but about three parts of the piece was then taken out.
Q. Could a hand reach from that to the bar? - A. No, I don't suppose it could.
Q. Was there any lock to that door? - A. No, but there were two bolts.
Q. How did you find them? - A. The door was open in the morning.
Q. Did you find any thing else in the passage? - A. I went into the parlour, and I found a scarlet cloth waistcoat lying on the floor, nearly opposite the parlour door in the passage.
Q. Where was the waistcoat over night? - A. In the drawer in the room where I slept; it was a waistcoat I had made for sale, when I was out of employment; I went into the parlour, where my wife and children slept, and awoke her; I then went up stairs again, thinking my best cloaths were gone; I found them safe in one of the drawers in the room I slept in; I looked about, and observed the two small drawers belonging to an old chest of drawers, one on the ground, and the other at the foot of the bed.
Q. You did not observe them when you got up? - A. No, I did not.
Q. Do you know whether those were locked? - A. The one which had the money in was, and the key was thrown into the other small drawer.
Q. When had you seen it locked? - A. I cannot say to a day.
Q. How lately had you been at the drawer that was locked? - A. I cannot say; nobody had any business there but myself; it might be a few days, or a week.
Q. Had your wife any business with the drawer? - A. She brought money down to me at times, but she has nothing to do with money affairs.
Q. Did you see where the key was then? - A. No, we could not find the key for some time.
Q. Where was it found? - A.My wife found it.
Q. Did you miss any thing out of that drawer? - A. I did not miss any thing immediately but the money.
Q. What money was it? - A. There were twenty-five guineas in a wooden screw box, and a piece of a letter put inside to make it fix better.
Q. What money had you in that screw-box? - A. Twenty-five guineas.
Q. Was the box in the drawer? - A. It was at the far end; I used to shove it to the end.
Q. Where was the box when you found the drawer? - A. It was taken away, containing twenty-five guineas all in guineas.
Q. Was any thing else gone? - A. I missed several trifling things - a blue silk handkerchief.
Q. Was that in the same drawer? - A. No; I wore it the day before, and threw it down, and the pad which was inside was shook out, and the handkerchief gone; a knife was in the right hand pocket with the halfpence, which was gone.
Q. Something of a ring was mentioned before the Magistrate? - A. Yes, we did not miss it till afterwards; it used to be put in the drawer where the money was, and many other trifling little things we had no use for.
Q. Did you see it in the possession of any body? - A. Yes, in the possession of Mason, the officer.
Q. Are you sure that was your ring? - A. Yes; it was an old jeweller's gold ring, with hair in the middle of the stones, not worth above two shillings.
Q. Did you ever see your handkerchief or knife again? - A. No, nor box or money.
Q. Did you know the prisoner before? - A. Yes, he lived next door.
Q. Did he occupy a house there? - A. His father did.
Q. Did you hear any conversation that morning between your wife and the prisoner? - A. No; he was not at home that night.
Cross-examined by Mr. Watson. Q. You went to bed a little after ten? - A. It might be before ten.
Q. Had you been drinking at all? - A. No, I had been to work up stairs as long as I could see, and after dark I went down stairs to work.
Q. When you went up stairs to bed, you left your wife below? - A. Yes.
Q. When you went to your bed-room, it was your custom to shut your bed-room door, which had a catch-lock, and the key outside? - A. Yes.
Q. Sometimes it might or might not catch? - A. It would not slam to; I am obliged to pull the knob back inside to shut it.
Q. Do you mean to say you never left it ajar? - A. Never, to my knowledge.
Q. If you left it ajar, it might blow open again, if you cannot swear you shut it? - A. Yes, I can, I never left it open.
Q. You will not charge your recollection that you had positively bolted that door? - A. To the best of my recollection it was fast.
Q. When you came down in the morning, you saw the wooden bar of the yard-door on the floor? - A. Yes.
Q.Above the yard-door are two panes of glass? - A. Yes.
Q. One of those was broke before? - A. Yes.
Q. When you went up stairs, you found a drawer on your bed? - A. Yes, upon the foot of the bed.
Q. You must have seen that when you got up? - A. I slept in the bed by myself, and it was dark when I got up.
Q. It might have been put on the bed after you got up? - A. Yes, it might.
MARGARET GIBB sworn. - Q. Are you the wife of George Gibb ? - A. Yes.
Q. He went to bed about ten o'clock? - A. Yes.
Q. What time did you go to bed? - A. As soon as I put two or three little things away, and got things ready; it might be a quarter of an hour after him.
Q. You slept in the parlour? - A. Yes, with two of the youngest children.
Q. This night did you do any thing towards securing the house? - A. Yes, I always do; I put up the bar at the back-door.
Q.How long before you went to bed? - A.Almost directly, as soon as my husband went up stairs.
Q.His that door any bolts to it? - A. Yes; they are not very good bolts, but the bar is very good.
Q. Did you bolt the bolts? - A. Yes.
Q. How were the windows secured? - A. The from kitchen window was done by a wooden bar across on the inside, which was found down in the morning.
Q. Is there a shutter? - A. There are two shutters; it is a large window and two shutters, and a wooden bar across it; the back window was only nailed down.
Q. Is that near the door? - A. No, they are opposite one another down stairs; there are two windows.
Q. Were they both barred? - A. No, the back window was only nailed; one window is to the front, and the other to the back; the back window was never opened; the front had a large wooden bar across the two shutters.
Q. Who fastened the front door? - A. My lodger fastened it.
Q. Was he at home that night when you went to bed? - A. Yes, but he fastened the front door.
Q. Did you hear any disturbance in the course of the night? - A. No; in the morning my husband alarmed me.
Q. What was the state of the front kitchen window? - A. The bar was lifted down, and the shutter near the fire-place; I discovered that; I found the bar laid down on the inside.
Q. Is it a sash-window? - A. Yes.
Q. Was it up or down? - A. Up.
Q. Are you sure it was down when you put the shutters to? - A. Yes.
Q. Is there any fastening or catch to the sash? - A. No.
Q.How had this bar been lifted up? - A. It was laying down, I cannot say how it was done; one half of the shutter was lifted up, it lifts up in two parts; one part was down, and one was lifted out of the way of the window, I suppose, for the purpose of their coming in.
Q. Was there room enough for any body to come in? - A. Yes.
Q. The bar was actually removed? - A. Yes; the bar lay along the kitchen.
Q. Did you see the back-door? - A. Yes, I found a piece of the glass; there were two broken pieces, and one taken out; I found that by the side of the yard-door; it had been cracked in two, and the largest piece was taken out.
Q. Could a person get in by that means? - A. I think not, but I think somebody had been attempting to get in that way.
Q. Had you seen any thing of the prisoner that day? - A On Friday I saw him go by in the afternoon.
Q. He lived next door to you? - A. Yes.
Q. Do you know any thing of the money kept in the drawer? - A. My husband never concealed it from me.
Q. Had you occasional access to it? - A. I knew what there was.
Q. Do you know any thing about a ring? - A. Yes; Mason came, and asked me if I missed any thing; he shewed it me, and I knew it.
Cross-examined by Mr. Watson. Q. You went to bed at a quarter past ten? - A. Yes.
Q.What time did you get up? - A. Not till after my husband came down; it was hardly light.
Q. Your husband told us that he came to the parlour? - A. Yes.
Q. How does it happen that you went down; and found the front kitchen window open, before your husband came down? - A. I went down into the kitchen before he did.
Q. With regard to the articles missing, have you ever seen any thing since, except the ring? - A. Nothing but the ring; it was a fore-finger ring.
- LOADER sworn. - Q. You lodged in the house? - A. Yes.
Q. Did you do any thing to the front door on the 28th of September? - A. Yes; coming home from my employment I am always particular in fastening the front door, it is left open for me.
Q. You came home that night? - A. Yes.
Q. How did you fasten the door? - A. By putting the bar up, as I usually did.
Q. You are sure that door was secured when you went to bed? - A. Yes.
Q.(To Mrs. Gibb.) The front door was found barred? - A. Yes, quite safe.
Q.(To Loader.) Did you see the back door in the morning, and the glass broke? - A. Yes.
Q. Did you see the front kitchen window? - A. Yes.
Q. Did you observe how it was broke open? - A. I saw the bar down and the window up; Mr. Gibb made the alarm, I got up and went down; he said he did not know where they broke in; Mrs. Gibb went down, and saw the window open; I went down and saw the shutter moved to the fireplace.
Q. Could you see whether a person got in or out of that window? - A. I could not tell.
Cross-examined by Mr. Watson. Q. Describe how the front kitchen-window is to the street? - A. It is a small area, and wooden rails before it, one of the rails has been broke out.
Q. When you looked at this within, you could not tell whether any body had broke the window inside or without? - A. No.
Q. What part of the house do you sleep in? - A. In the one pair of stairs.
Q. Was any body in the house beside? - A. Nobody but my wife and child.
Q. Nobody came home with you? - A. No.
PETER MASON sworn. Q. You are an officer at the Public-office in Worship-street? - A. Yes.
Q. When did you find the prisoner? - A. On Sunday the 30th of September, I was in search of him; Mr. Gibb called me out of bed in the morning of the robbery, and I went after the prisoner, but did not meet with him till Sunday afternoon, in a room rented by Sarah Swan, in Webb-square, Shoreditch.
Q. Did you search him when you found him? - A. I did; and I found on him two silver watches, two guineas, one half-crown, and seven shillings.
Q. Did you find any knife? - A. No; I found a smelling-bottle, and a parcel of new things he had just bought.
Q. Was Sarah Swan there at that time? - A. Yes, and another woman; I asked who rented the room; Sarah Swan said it was her's; I then searched her, and the first thing I found was a new silver seal; I asked her how she came by it; she said the prisoner gave it her; I found a ring in her pocket, and asked her how she came by it, in the prisoner's hearing; she said it was an old ring of her mother's; I did not think it of any consequence, and I put it down with the rest of the other things.
Q. Was that the whole account she gave of it? - A. At that time I laid it down; with the money and things she had, and left it; Mr. Armstrong came, and we took Swan and the prisoner, leaving the other woman in the room.
Q. Where did she say any thing else? - A. After we locked them up, at the lock-up rooms behind the office, the same afternoon, they were put in separate rooms; Swan cried and took on very much, he called to her, and told her not to fret, for he knew what to say that would clear her; and begged her not to swear against him.
Q. Where were you? - A. In the privy.
Q. How far off? - A. About three yards; they were obliged to speak loud, it being a thick plank partition lined with iron, to prevent it being cut through; they had a good deal of talk; he asked her what money it was the tall man said, (because both the prosecutor and Loader came up to Swan's room); he said, what money did he say it was I took from him; he said, the tall man would swear to the ring.
Q. What were his words? - A.
"Which I took" were his words; she said, twenty-seven guineas; he made answer directly, and said that was wrong, it was but twenty-five; he said, the tall man would swear to the ring; she made answer, that as soon as Nance came, which was the other woman, I will tell her to make away with it; we took her out of the lock-up room, and she, Armstrong, and I, went back to the room, and took the ring, in her presence; I missed it out of the window, it had fell down, I pick it up, and brought her back to the public-house next the office; Blair was fetched out of the lock-up room into the same parlour with her; Mr. Armstrong asked her, in the presence of the prisoner, where she got this ring; she said from the prisoner, he did not deny it; Mr. Armstrong then asked him where he got it, he did not answer directly; he was asked several times before he gave an answer; he said, it was given him by somebody, but he would not tell who; Mr. Armstrong asked him how long ago; he said, not long. They were then locked up again separate; he asked her how we came by the ring; she answered, we went with her to her room, and took it; he said, if one of us had thrown that ring away, when it was put down in the window, we should have done right; she answered, I could have done that if I had known it, but I did not know how you came by it; he said, mind Sal, I depend upon it that you will not swear against me, who was with me nobody shall ever know, I will die myself first; we took them to prison, they were brought up the next day, examined, and committed.
Q. Was this conversation before you went back to Swan's room or after? - A. After; as I sat in the privy I wrote it down on my hat with a pencil.
Q. Have you the paper? - A. Yes. (The paper handed to his Lordship).
Q. You have written something down about ten guineas? - A. He told her to say ten guineas; she said she could not, because she had said it was twenty; Swan told me, that he had told her somebody had given him twenty guineas.
Q. How was he dressed? - A. Nearly as he is now; but he was described to me in a blue jacket, and dirty trowsers.
Q. Was any inquiry made about the new clothes? He would not tell me, he told me where he bought the watches; I asked him how he came by the money; he said, honestly.
Q. When did you examine the house? - A. The Sunday morning I was called up.
Q. Did you see the house on the Saturday morning? - A. Yes.
Q. What was the state of the house? - A. The shutters had been removed; the woman told me how they were found.
Q.(To Mrs. Gibb.) When Mason saw the house had any alteration been made? - A. The shutter was standing up against the fire-place; I don't know that it had been moved from where it was found.
Q.(To Mason.) Could you see whether any body had got in or out? - A. They might do either.
Q. Was there any mark of violence? - A. I cannot say; I did not take any notice, because the shutters had been removed.
Cross-examined by Mr. Watson. Q. You went to the lodging of Sarah Swan ? - A. Yes.
Q. There the prisoner was found, and he had a couple of guineas? - A. Yes.
Q. The ring was upon her? - A. Yes.
Q. And she said it was her mother's? - A. Yes.
Q. They were locked up in separate rooms? - A. Yes.
Q. Then you concealed yourself in the privy, certainly not forgetting there was forty pounds reward? - A. Certainly.
JOHN ARMSTRONG sworn. - Q. You are an officer? - A. Yes.
Q. Were you at the apprehending of the prisoner at Swan's lodging? - A. I went to Mason to a one pair of stairs room, in Webb-square: I I found Mason, the prisoner, and Swan, and another woman, we took them to the office; I had not seen the prisoner searched, or any thing that was done before I came; after they were locked up, I returned with Mason and Swan to the room, on purpose to find this ring; the ring being found by Mason in the room, we returned, and had Blair brought into the parlour, where I, Mason, and Swan were; the ring was produced, and Swan was asked how she came by it; Blair was sitting by; she said it was given to her by him; I asked him how he came by it; he did not answer till I asked him two or three times; his answer was, it was given to him by somebody or another; after that I went with Mason to the prosecutor's house, where the ring was owned; that is all I know.
SARAH SWAN sworn. - Q. What have you to say? - A. John Blair I know as a bit of an acquaintance, by drinking in company where he was, at a public-house, where I used to go after I had done my work; I had not seen him for the space of two months till the Sunday morning when he came up to my room.
Q. What Sunday morning? - A. The Sunday morning Mr. Mason came and took me.
Q. Where did you lodge? - A. I had a room in Webb-square, Shoreditch; he asked me if I would have any thing to drink; I thanked him -
Q. What time was that? - A.About 20 minutes before twelve; the other young woman, I, and Blair, drank what we had to drink in my room; he went away afterwards, and said he would come back again; in about twenty minutes he came back and gave me the seal of a watch.
Q. What makes you so positive to the twenty minutes? - A. Because he looked at his watch.
Q. What did he give you? - A. He took a seal from off his watch and gave it to me; I asked what it was for; he told me to remember him; then he gave me a ring.
Q. What sort of a ring? - A. A fore finger ring with a stone out of it; he said if I had a stone put in, it would be a handsome ring, but that the stone had dropped out.
Q. Did he say when the stone had dropped out? - A. No; the other young woman was present at the time; while we were talking, Mr. Mason came up and asked for Sarah Green; I told him no such person lived there; he asked me my name, I told him, Sarah Swan ; I had no thought of what had been done; I told him what my name was: he searched John Blair and me, and he found the ring and seal in my pocket; being terrified, and never being in such a situation before, I do not know what answer I made about the ring; Mr. Mason left the ring, but took the seal; he asked me how I got it; I told him John Blair had given it to me; I don't know that I was asked any questions about the ring, or made any answer whatsoever.
Q. The truth is, he did give it you? - A. Yes. (The ring produced by Mason.)
Q. Is that the ring? - A. Yes.
Q.(To Mrs. Gibb.) Do you know the ring? - A. Yes, I have had it a great many years.
Q. Was it your's before marriage or since? - A. My mother-in-law gave it me just in the state it is.
Q. How long ago? - A. Five or six years.
Q. Had it a stone in it when given to you? - A.No.
Q. Can you swear that is your ring? - A. Yes.
Q. Where was it usually kept? - A. In a drawer where the money was.
Q. When had you seen it? - A. I cannot justly say, it may be within a month, but I am certain within two months.
Q. Whenever you went to the drawer did you see it? - A. Yes, there were but few things in the drawer.
Q.(To Gibb.) What do you say to it? - A. I know it, I had it from my mother.
Q. Is that the ring missing from your drawer? - A. It is.
Q. Can you say how lately it was in the drawer? - A. I cannot, there is a parcel of trifling things in the drawer; a silver coral, and other things the children had.
Q. Was the coral taken? - A. No, it was in several pieces; I have the waistcoat here that was found down stairs, and the waistcoat I had on.
The prisoner declined making any defence.
LOUIS BERNARDI, MARY BERNARDI.
551. LOUIS BERNARDI , and MARY BERNARDI , his wife , were indicted for feloniously stealing, on the 3d of October , twenty shirts, value 4 l. 13 s. forty handkerchiefs, value 2 l. 4 s. sixteen napkins, value 16 s. a bed-gown, value 4 s. five shirts, value 16 s. five towels, value 5 s. a pillow-case, value 2 s. and a pair of shoes, value 2 s. the property of Louis-Ann Caesar , Count North , in his dwelling-house .
THE COUNTESS NORTH sworn. - Q. What country do you come from? - A. France; my husband and I have been naturalized in England; his name is Louis-Ann Caesar; we had a house first in Park-lane, then in Manchester-street, and now in Beaumont-street, where we have lived about fifteen months: I lost things at each of these places, but did not perceive I was robbed, till I lived in Manchester-street , when I missed some napkins and some small things; I missed the shirts in Beaumont-street ; in all, I missed shirts, shifts, napkins, laces, and pocket handkerchiefs; no persons lived in the houses but Count North and myself, and five servants, two of whom were the prisoners.
Q. Who had the care of your linen at the different places? - A. Myself; I had the key in my pocket; it was kept in a closet in our bed-room.
Q. Who went to the closet beside yourself? - A. Nobody; if any one went to fetch linen for use I went with them; I have seen part since at Bow-street; the prisoners were discharged before it was found.
Q. The man was not entrusted with the care of the linen? - A. No; we found false keys in their room after they were discharged, that would open three closets; I found the key of the closet in one of the closets in their own room; the locks in our bed-room, and the locks where the linen was, were entirely spoiled; I could not open them.
Q. You mean the house in Beaumont-street? - A. Yes.
- ADKINS sworn. - I am an Officer of Bow-street: On the 2d of October the Countess came to Bow-street to give information; I went with her to her house in Beaumont-street; I suspected the servants that had been discharged; I had a list of the things that were lost; I went to Mr. Ensor's, the nearest pawnbroker, and found a shirt, a shift, and some lace; I went the next morning and found the prisoners in North-street, just at the back of the pawnbroker's; they lodged in the garret; I searched the woman and found a number of duplicates, the man was present, they were not duplicates of the things at Mr. Ensor's, I told her it would save a great deal of trouble if she would tell me where the others were; she fainted away, and when she came to herself she went to the window, threw up the sash, and, from a hole in the window-case, she took out a paper with thirty-one duplicates (produces them), all of them Mr. Ensor's; I found duplicates in her pocket which led to some articles in Long-acre and Drury-lane.
DANIEL M'CARTHY sworn. - (Produces the property.) - I am servant to Mr. Ensor, High-street, Mary-le-Bone; I know the woman prisoner; she has pawned a great number of articles at our shop; the first was in April last and the last in September, all in the name of Mary Brookes ; she said she lived at No. 8, Beaumont-street; that is where the Count lives; she at first told me they were left to her husband by a gentleman that she lived with; I have known her some years.
Q. The highest sum you lent at any one time was about 15 s.? - A. That is the highest. (The property identified by the prosecutrix, and by Eleanor Caddick , her servant.)
- PICKERING sworn. - I was with Adkins when he apprehended the prisoners; I went to examine the locks, and found the keys would only unlock the doors, and would not come out; they had been strained; the locks below were in the same situation.
Prisoner Mary. My husband is innocent.
The prisoner Louis was not called upon for his defence.
Mary Bernardi , GUILTY, aged 28,
Louis Bernardi , NOT GUILTY .
JANE LARKINS.
552. JANE LARKINS was indicted for feloniously stealing, on the 11th of October , one pair of unmade sheets, value 10 s. the property of Robert Middleton .
ANN MIDDLETON sworn. - My husband's name is Robert; we live in Lisson-row, by the Yorkshire Stingo ; the prisoner's husband and mine work in a manufactory together: On the 11th of October, about twelve o'clock, she came to me, and said she and her husband were going to part, and she would be obliged to me to get her a place in a public-house; I went out and left her, I was gone about an hour, and when I returned I missed a pair of sheets out of my drawers; one was a yard and a half sewed up.
MARIA LUCAS sworn. - I was taking care of the children in the room, and stood in the parlour by the window with a baby in my arms; after Mrs. Middleton went out, the prisoner told me not to stand there, because I should give the child cold; I went and sat down upon the stairs out of the room, and saw the prisoner had something under her petticoats; she said she was going to the public-house to see what o'clock it was; I went to the drawers directly, and missed a new pair of sheets which I knew were there.
HANNAH STONE sworn. - I keep the Coach and Horses, in Charles-street, Drury-lane, and know the prisoner: On the 11th she called about five o'clock, and asked me if I wanted to buy a pair of sheets, and that one was in pawn for 7 s. she wanted 5 s. upon one to fetch the other out; I gave her 5 s. and she went and fetched the other she said the person they belonged to were very much distressed for money, and if I would buy them, it would be a charity, and I gave her 5 s. 6 d. more; one was sewed about a yard and a half.
RICHARD LOVETT sworn. - I am an Officer: I apprehended the prisoner in Short's gardens; I told her what I apprehended her for, and she said she had not sold them, but only obtained some money upon them; she told me where they were, and I went to the last witness and obtained the sheets; I took them to the Office, and the prosecutrix swore to them. (The sheets identified by the prosecutrix.)
Prisoner's defence. I was in great distress, and gave the woman the property as soon as I was asked for it.
EDWARD LAMBERT.
553. EDWARD LAMBERT was indicted for feloniously stealing, on the 28th of August , a Bank note, value 40 l. the property of Cornelius Lambe .
CORNELIUS LAMBE sworn. - I am a brush-maker , and live at Deptford-bridge: On the 28th of August I went to the prisoner's house, in Cable-street ; he keeps a barber's shop , and I went for the purpose of being shaved; I asked him to give me change for a 40 l. Bank of England note, which I gave him: he went out with it, and I never saw him till I saw him with the Officer; I went to the Police-Office, and we traced him to a number of places, but he was not taken for three weeks.
Cross-examined by Mr. Knapp. Q. You knew him before? - A. No, I never saw him before.
Q. There had been some conversation previous to the note business? - A. Yes.
Q. You had been drinking together? - A. Yes, but not much.
Q. How long had you been there? - A. Probably more than an hour.
Q. Were you alone or with other people? - A. With other people.
Q. Had you been drinking before? - A. No.
Q. Had he? - A. I cannot say; he appeared to me to be a sober consistent man, and therefore I trusted him.
Q. Do you know the number of the note? - A.No, I had it about three days; we met at a public-house opposite, and I went to his house to get shaved; I was not there two minutes before he had the note.
ROBERT GRIFFITHS sworn. - I apprehended the prisoner on the 17th of September, about six o'clock, sitting in a tap-room, in Mill-yard, Whitechapel; I told him I wanted him, and asked him what he did with the 40 l. note the gentleman gave him to get change for; he said he had spent it; I asked him to let me see what money he had about him; he said I should and welcome; I searched him, and found one half-crown piece, and I believe threepenny-worth of halfpence; I asked him where he had been, and what he had done with all the money in so short a time; he said, I went down to Norwich, and on my road I saw numbers of people begging, and I thought they should have a little of it, as well as me, and I threw some to them; that is the way I got rid of it.
Cross-examined by Mr. Knapp. Q. He told you readily? - A. Yes.
Q. Did he know you were an Officer? - A. Yes; I told him I thought he was a great fool to spend the money in the manner he had; yes, says he, and the gentleman was as great a fool as me for trusting me with it; I said I thought so too.
Court. Q. Do you know the prisoner? - A. Yes, but I never knew any harm of him.
JOSEPH BALL.
554. JOSEPH BALL was indicted for wilfully,
knowingly, and feloniously, receiving ten Bank notes, nine of them of the value of 10 l. each, and one of the value of 5 l. which had been theretofore contained in a certain letter sent by the post, and which had come to the possession of John Beale , a person employed in the Post-office, and which letter had been by him feloniously and against the form of the statute secreted and embezzled, knowing the said John Beale had been and was employed in business, relating to the Post-office, and knowing they had been in a letter, and had come into his possession in the course of his employment .
Other Counts varied the manner of charging it.
(The Counsel for the prosecution not being able to prove the prisoner's knowledge that the notes had been in any letter sent by the post, and so having come into Beale's possession, the Court was of opinion the indictment was not substantiated; the prisoner was therefore
MARY BRIANT, MARY RAYCROFT.
555. MARY BRIANT and MARY RAYCROFT were indicted for feloniously stealing, on the 4th of October , one shirt, value 4 s. and one neck handkerchief, value 1 s. the property of Richard Turner .
RICHARD TURNER sworn. - I live at No. 37, Banner-street, near Finsbury-square : On the 4th of October, about three o'clock, being at dinner, I heard a person come down stairs; the street door was open; I went out and saw a person of a very indifferent description about three or four doors off; I accosted her (Briant), and asked her what business the had in my house; she said she went to look for a woman of the name of Berry, a staymaker; no such person lived in my house; I asked her who gave her information of Berry; she pointed across the way to the other prisoner; I took Briant back, and desired my daughter to search her in the yard; I went up stairs to my room, which I had locked, and found the counterpane taken off the bed, and things packed up ready to be taken away; I did not miss any thing then, but returned to my daughter; Briant was coming out, with her pockets turned inside out, to shew she had nothing of mine, and she was let go; I went up stairs, and looked over a box of dirty linen, and missed a shirt which I had pulled off in the morning; my son then ran to the bottom of the street, and brought the prisoners back; Briant then pulled the shirt out from between her stays and back, and dropped it; a little girl picked it up; the handkerchief was dropped in the shop, where she stood, after she was brought back.
WILLIAM TURNER sworn. - I saw Raycroft cross over to Briant at the bottom of the street, after my father let Briant go; she had said she came from Queen-street, Holborn; I followed that way, and took them by St. Luke's church, singing as they went along; I asked Briant what she had done with the shirt; she said, what shirt, she knew of none; near Banner-street, she put her hand behind her, through her pocket-hole, and pulled out the shirt and dropped it; a girl picked it up, and offered it to Mary Briant , and said, m, you have dropped this; she said she did not want it, it did not belong to her; I then sent for an Officer.
CATHARINE ROBINS sworn. - I saw the two prisoners with Turner, in Whitecross-street, and saw Briant drop the shirt from behind her; I picked it up, and said, please, ma'am, see what you have dropped; she said, I have not dropped it; it is not mine; I gave it to Turner. (The shirt produced, and identified.)
Briant's defence. I was going to meet my brother, and my stocking came down; I stood up near that man's house to tie it up, and he came and took me and searched me; I was stripped to my skin, and had nothing found on me; this girl crossed over to me, seeing me crying, and asked me what was the matter; I could not answer before the other man came and took us both.
Raycroft's defence. I asked her what was the matter; she said she did not know, and just then they took us both; she was crying, and said they had been stripping her naked.
Briant, GUILTY
Raycroft, NOT GUILTY .
ANN KELLY.
556. ANN KELLY was indicted for feloniously stealing, on the 17th of September , a child's frock, value 6 d. a child's bed-gown, value 1 s. and a bonnet, value 4 d. the property of Jane Robinson , widow .
JANE ROBINSON sworn. - The way I became acquainted with the prisoner was, that I was obliged to go into the poor-house where she was: On the 14th of September she called upon me in the morning; I was going out for about an hour; she said she would take care of my child till my return; I give it into her arms, and went out; I was gone about an hour and a quarter; when I came back; I missed the child and the prisoner; I did not see my child from Monday, at eleven o'clock, till Wednesday, ten at night, when she brought it back; the child had on a black and white bed-gown, an olive-coloured bonnet, and a black skirt, when she took it away; the bed-gown was changed for an old black frock, and the bonnet was changed for this hat; the gown was worth 1 s. and the bonnet 4 d. I missed a frock out of the room, in the course of the day when the child was taken; she said she had pawned them, and produced the duplicate; I had been to Bow-street, and issued a warrant.
ROBERT GRANT sworn. - I apprehended her, and asked her whether the child had the same things on as when she first had it; she said, no, she had pawned the frock; that she had been locked up in St. Giles's workhouse, and could not let the child's mother know where it was.
JOHN HINCKESMAN sworn. - This gown was pledged with me for 6 d. (The gown produced and identified.)
Prisoner's defence. When I went to Mrs. Robinson's, she said she was going to receive her parish pay, and she wanted to wean her child; I said I would do it, as I had nothing else to do; she said she could not afford to pay me, but consented that I should take the child to excite compassion on the public, and she gave me the bed-gown in my pocket, to make a few pence of, if I wanted any thing for the child.
THOMAS MORRIS.
557. THOMAS MORRIS , otherwise DOCTOR MORRIS , was indicted for feloniously stealing, on the 9th of August , nine Bank-notes, value 9 l. and one other Bank-note, value 2 l. the property of William Chambers .
(The case stated by Mr. Knapp.)
WILLIAM CHAMBERS sworn. - Examined by Mr. Knapp. Q. You are a tailor ? - A. Yes, near Broad-street, Holborn: On the 9th of August last I went out about eleven o'clock, taking property to the amount of sixteen pounds in notes and cash - nine one-pound notes, and one two; I put them into my breeches-pocket together, and went on my business; I met a person in Holborn about twelve o'clock; we had some liquor, and I staid till about two o'clock; when I left the public-house, I found myself indisposed, and thought I would go a more private way than Holborn, as I met several people I knew; I went into Castle-street, and into Cursitor-street , where I fell down, and don't remember any thing after; I had received two one-pound notes while I was out, and paid one away, and when I got home I had a one-pound note, a two-pound note, a guinea, and three seven-shilling pieces; the other was gone.
Cross-examined by Mr. Hart. Q. When did you first miss your money? - A. I laid down; when I got up I was informed of the robbery, and that the coachman had been to Bow-street.
Court. Q. You did not know the prisoner? - A. I never saw him to my knowledge; I cannot say any thing against him.
RICHARD AVERY sworn. - I am servant to Mr. Chambers, and remember his being brought home on the 9th of August, between two and three o'clock in a coach very drunk; he was put to bed, and Mrs. Chambers searched his pockets, and found the property as has been stated.
SAMUEL LACEY sworn. - My father is a brass-founder in Cursitor-street: On the 9th of August I saw the prosecutor about three or four o'clock, as I was standing at our gate; he seemed very much intoxicated, and fell down, and cut his face, which occasioned a great deal of blood; I picked him up, and set him on the steps of a door; I asked him his name, and where he lived; he did not immediately answer, but afterwards told me; I asked if I should get him a coach, which was sent for; he said he had money, and pulled out some Bank-notes, in order to pay the young man for his trouble of fetching it; he gave me a one-pound note to pay the young man, who would not have any thing; I took the notes out of Mr. Chambers' hands, rolled them all up together, and put them into his righthand breeches-pocket, and buttoned the flap; several of the neighbours were standing by, and were saying, let us endeavour to get him into the coach, when the prisoner came up, (I have no doubt he is the man,) and asked what was the matter; I said, the gentleman was intoxicated; upon which he offered to see him home, saying he knew him, and would see him safe; they got in, and the prisoner desired the coachman to drive to the King's Arms, in Compton-street.
- HOUGHTON sworn. - I am a coachman, and drove No. 716: On the 9th of August I was called to Cursitor-street, between two and three o'clock; I saw Mr. Chambers very much intoxicated, and had fell down; the prisoner was standing against him; I believe he is the man, but there is another gentleman, whom I have seen about the street, very much like him, but I believe the prisoner to be the man; Mr. Chambers and he got into the coach, and the prisoner desired me to drive to the King's Arms, in Compton-street; at the corner of Red Lion-street, in Holborn, the prisoner pulled the string; I let the fore-glass down, and heard him say to Mr. Chambers, where do you live, I have got a gentleman to meet upon particular business; I said, you had better see the gentleman home, as you pretended to be his friend, I don't know where to drive him to, and he is so much in liquor; Oh no, said he, I must go, I have particular business, and out he got, and went up Red Lion-street; I stepped upon the step, and said to Mr. Chambers, has that man been playing any tricks with you, have you lost any property; he made answer as well as he could, I don't know, drive me home to the corner of Middle-row, St. Giles's; his shopman assisted him out, and Mrs. Chambers began crying, and searched his pockets, and said he had been robbed; I said, Ma'am, I hope you don't think I have robbed him; I stated what had happened, and she went with me to Cursitor-street,
where she was satisfied, and desired me to drive her to Bow-street, where I could describe the man; I did so, and they knew him; he was not taken up till five or six weeks afterwards; he had not got the same dress on then; I was going along with a fare a few days ago, and saw just the back and side face of a man very like the prisoner; but to the best of my belief the prisoner is the man.
Cross-examined by Mr. Hart. Q. You say you did not know the person who got into your coach? - A. I did not know him; I thought I knew his face somewhere, but could not call it to mind.
Q. A few days ago you saw a man who resembled the prisoner? - A. Yes; but I have not the least doubt this is the man who rode in my coach.
Prisoner's defence. I have nothing to say, but to rely upon the judgment of the Judge and Jury; I am falsely prosecuted, I never was in the coach, nor did either of the people who have sworn to me over see me; it is all a shameful prosecution; I was in the country at the time, and have sent for my witnesses, but they were acquainted with it so late, that they are not come; therefore I would not detain the Court any longer. I did think my witnesses would be here to prove an alibi, but they are not come.
(The Court was informed his witnesses were ready.)
Court. Prisoner, your witnesses are here; it is for you to say whether you will have them called, or not.
Prisoner. No, I will decline it.
JAMES FRANKS.
558. JAMES FRANKS was indicted for feloniously stealing, on the 3d of October , in the dwelling-house of Michael M'Garey, a Bank-note, value 10 l. the property of Lochlan M'Donald .
LOCHLAN M'DONALD sworn. - Q. Where did you lodge on the 3d of October last? - A. In East-Smithfield , in the house of Michael M'Garey.
Q. Was there any other bed in the room than your own? - A. Yes, there were two or three beds in the room.
Q. Did you sleep alone? - A. I slept by myself.
Q. Who slept in any other bed? - A. The prisoner and another man.
Q. Was there any body in a third bed? - A. A man who is now in the hospital; before I went to bed, the prisoner said he had twopence halfpenny in his pocket, and he must take care of it; I said, if that be the case, I must look sharp too; I then took a ten-pound Bank-note out of my trowsers' pocket, and put it in my waistcoat pocket; I wrapped it up in a ballad.
Q. Did the prisoner see you do that? - A. Yes, and the other man saw me do the same; in the morning the prisoner mentioned his twopence halfpenny, and I looked for my note; I found the ballad alongside of me, and the note gone; my waistcoat was lying at the foot of the bed; I suspected the prisoner directly, I was sure it was him that took it; I told him I suspected him, and he said he knew nothing of it; he went away, and the other people who slept in the room went after him.
Q. Do you know the number of the note? - A. No.
Cross-examined by the Prisoner. Q. Did you not say that you had lost the note out of doors, but a woman had taken it from you? - A. I did not say any such thing; I never had such a thought in my head.
Court. Q. Did you lodge there for a continuance, or only for that night? - A. I had lodged there eight or ten nights.
Q. What are you? - A. A sea-faring man; I had lodged there before.
JOHN FERGUSON sworn. - Q. Did you lodge in the house that night? - A. Yes, in the same room with M'Donald and the prisoner.
Q. Did you sleep in the same bed with the prisoner? - A. Yes, he got up in the night when I was asleep; he fell upon the bed, and waked me; I asked him where he had been; he said he had been no where, but he thought he had lost his house.
Q. Did he say he had been out of the house? - A. No.
Q. What did you understand him to mean? - - A. I could not tell what he meant; I told him he had not, for here was his bed, and then he turned in.
Q. Did he appear to you to be awake, and in his senses? - A. Yes, he got into bed a little while afterwards.
Q. Was it dark? - A. Yes.
Q. Did you hear him say any thing about money? - A. He said he had two-pence halfpenny.
Q. Was that over night, or in the morning? - A. In the morning; he got up in the morning, and went away before any body was up in the house.
Q. Did you hear Macdonald say any thing about losing his money? - A. Yes, I heard him mention it in the morning; I had seen him put a ten pound note in his pocket when he turned in at night he took it from his trowser's pocket and put it in his waistcoat pocket.
Q. Did the prisoner see it at the same time? - A. Yes.
Q. Do you recollect whether the prosecutor made any complaint of having lost his ten pounds, in the morning, in the presence of the prisoner, before he went away? - A. I think he did.
Q. Can you recollect with certainty? - A. Yes, I believe there was something said about it; and I went after him, and found him with a mulatto woman, but I cannot tell the name of the street.
Q. How long after he had got away? - A. Between
eleven and twelve o'clock; the next day I got an officer, Wendy, and he searched him.
Q. Were you present? - A. Yes.
Q. What was found upon him? - A. I do not recollect.
Q. Was there any money found upon him? - A. Yes; three one pound notes, a seven-shilling-piece, two or three shillings in silver, a bad half-crown, and a watch.
Q. Had he any of those things the night before? A. No.
Q. Had you heard Macdonald say the night before, that he had been robbed of ten pounds by a woman? - A. No.
Q. You saw him put it in his waistcoat pocket? - A. Yes.
Q. Did you hear him mention the sum? - A. Yes; when he put it in his waistcoat pocket, he said it was a ten pound Bank-note.
Cross examined by the Prisoner. Q. Did you not hear Macdonald say he had lost his money over night? - A. No, I never did.
Q. Did you not say, at half after six o'clock in the morning, that the prosecutor had said so? - A. No; I never heard him say any such thing.
Q. Did you not go with me on the Saturday to the captain's, when I received five pounds? - A.That was among three of them, and was spent and gone long before this.
Q.Then how could I afford to keep you up drinking night after night? - A. You did for a few nights, till it was gone.
Court. Q. Are you sure he had no money at the time this happened? - A Yes.
JAMES WENDY sworn. - Q. You are an officer? - A. Yes, belonging to Shadwell: On Wednesday the 3d of October, I was sent for into Farmer-street, Shadwell, where I saw the prisoner, in company with a mulatto woman, of the name of Rutter; I searched him, and found three one pound notes, one seven-shilling-piece, three shillings in silver, five sixpences, a had half-crown, and fourpence halfpenny, and a watch was taken from him by Holloway, in my presence; I asked him how he came by it; he at first refused to give any answer, he afterwards said some Greeks, who came into the shop with him, each gave him a one pound note.
Q. Did he give any account of the watch? - A. I think he said one of the Greeks had given him that. (Produces a note, a waistcoat, and a handkerchief.)
- HOLLOWAY sworn. - (Produces the watch.) I took this from his right-hand jacket-pocket; I saw the money and notes taken from him; he told me some Greeks gave it him to get a glass put in.
Q.(To Macdonald.) Do you recollect the number of your note? - A. No; I can't tell, I cannot read writing.
WILLIAM NEWTON sworn. - Q. You received a ten pound note? - A. Yes; from Mr. Moses, a man who sells clothes and watches.
Q. On what day did you receive it? - A. October the 3d; I gave him ten ones for it.
Q. Can you ascertain what were the ones that you gave him? - A. Two of those three, (The notes produced by Wendy), were notes that I gave Moses in change, I know them by the indorsement.
Q. What is the indorsement? - A. Upon one of them is indorsed Macklin, A A ; and the other is Macklin, J J.
Q. Did you observe those indorsements at the time that you gave them to Moses? - A. No, I did not; I only knew that these notes had come through my hands; the indorsement is my housekeeper's writing, she indorses every note she takes.
BARNARD MOSES sworn. - Q. Where do you live? - A. At No. 87, Upper East Smithfield.
Q. Do you remember, on Wednesday the 3d of October, a black man coming to you? - A. Yes.
Q. You don't know whether it was the prisoner at the bar? - A. No; I asked him if he wanted any clothes; he said he did not want clothes, he wanted something else; I told him to walk in, I sold watches; he came in, and pitched upon one old watch, and he agreed to give me two guineas for it; afterwards he gave me a ten pound note, and said he wanted change; I told him I had not got change, but I would go to a neighbour and get it; I went to Mr. Newton's, and he gave me ten one pound notes for it.
Q. Do you know either of these notes? - A. No, I cannot write nor read.
Q. Have you any recollection of the man? - A. I don't think it is the man; it was a man, I am sure, a head less than that man.
Q. A black man? - A. Yes.
Q. You sold him a watch; look at that watch? - A. I had several watches like that.
Q. Look at that again? - A. It is very hard to swear without being sure.
Q. Have you no marks upon your watches? - A. I cannot read nor write.
Q. There may be marks upon it that you may know, without being able to read and write? - A.I do not know.
Q. Had it this string with it? - A. No, only a bit of packthread.
Q. What change did you give him? - A. Seven single notes.
Q. What small change did you give him? - A. My wife sold him eighteen shillings worth of other things.
Q. Were you by at that time? - A. No; I gave him in change seven pounds.
Q. Look at that waistcoat? - A. I sell such waistcoats, but I cannot tell whether that is one or not.
Q. You cannot say that the watch and waistcoat are not the same? - A. No.
Q. But to the same man were sold a watch and a waistcoat? - A. Yes.
Q. The waistcoat and handkerchief went from you stock, but you did not see it delivered by your wife? - A. I did not.
Q. Do you make waistcoats? - A. No, I buy them ready-made.
Q. Suppose you had been robbed of those things, you would not have been able to have sworn to them? - A. No.
Holloway. When I took this watch to Moses, the next day, he told me that was the watch he sold to the black man.
Court. (To Moses.) Q. Now I call upon you to recollect whether you did or not state that to be the watch you have sold? - A. By sight I could nearly swear to it, but there are many alike.
Prisoner's defence. I had a watch, to get a glass and a minute-hand put to it -
Jury. (To Wendy.) Q. Did he, before the Magistrate, offer to produce any Greeks? - A. No, he did not; he said they lived in East Smithfield, and I went the next day but none of them came.
Prisoner. The waistcoat was given to me by a black man, a Greek, that lives in East-Smithfield; on Saturday night we had a little merriment; I gave the servant the waistcoat and jacket to put up for me, and on Sunday morning they were both gone; I went to my comrade, a black man, a Greek, and asked him if he had a waistcoat to lend me; he told me, he had never a one just then, but would get one for me, and he bought this waistcoat for me.
Foreman of the Jury. We wish to recommend the prisoner to mercy, my Lord.
Court. Upon what ground?
Foreman. Upon the ground of prevaticating evidence.
Court. You have believed the evidence, gentlemen.
GEORGE HART.
559. GEORGE HART was indicted for feloniously stealing, on the 20th of October , four deeds, value 4 s. the property of Townley Ward , Jonathan Dennett , William Graves , and Robert Dennett .
Second Count. For feloniously stealing, on the same day, eight skins of parchment, value 4 s. the property of the same persons.
Mr. Gurney, on the part of the prosecution, stated, that as there was some difficulty in point of law, he should not offer any evidence, the prisoner was therefore
WILLIAM COX.
560. WILLIAM COX was indicted for that he, on the 6th of October , being employed in the capacity of a clerk to Thomas Rowcroft and Henry Blackburn , by virtue of such employment did receive and take into his possession a bill for the payment of 4 l. 15 s. for and on account of his said masters and employers, and afterwards fraudulently and feloniously did embezzle and secrete the said bill, the said sum being then due and unsatisfied to them .
There were Seven other Counts, varying the manner of charging the offence.
JOSEPH WILLIAMS sworn. - Examined by Mr. Watson. Q. You are a ship-agent? - A. I am: On the 6th of October, 1803, I was agent for the ship General Moore, Captain Mortimer Leary . A person, whom I do not know, called upon me for the payment of 4 l. 15 s. which he said was due from that ship to Messrs. Rowcroft and Co. I looked in my book, and found that sum due; I ordered a check immediately to be filled up, and it was delivered to that person.
Q. Did you see him endorse it? - A. I cannot say.
Q. Look at that piece of paper? - A. This is the check that was given for that 4 l. 15 s.
Q. Was that check returned to you, as paid by your banker? - A. It was.
Cross-examined by Mr. Alley. Q. All the knowledge you have of any transaction between the Captain and Messrs. Rowcroft and Co. is derived from the book of which you have been speaking? - A. Yes.
Q. Have you that book here? - A. No, I was satisfied that the Captain had ordered me to pay that sum to Messrs. Rowcroft and Blackburn; the Captain might have left a copy of the account with me.
Q. Have you that copy here? - A. No.
WILLIAM THOMASON sworn - Examined by Mr. Knapp. Q. You are employed in the house of Joseph and Benjamin Williams , ship-brokers? - A. I am.
Q. Do you know the prisoner at the bar? - A. I do not.
Q. Look at that draft? - A. I recollect it perfectly well; it was endorsed in my presence, and filled up by me.
Q. Look at the prisoner, and tell me if he is the person who made that endorsement? - A. I cannot swear to him.
JAMES BALLINGER sworn - Examined by Mr. Knapp. Q. You are clerk to Messrs. Rowcroft and Blackburn? - A. I was in 1803.
Q. Look at that draft; whose hand-writing is that endorsement? - A. The prisoner's, I have seen him write very often.
Q. How long have you been in the employment of Messrs. Rowcroft and Blackburn? - A. About
nine years; the prisoner was in their service about six years.
Q. To whom should the person who received that draft have accounted? - A. To me.
Q. Was that draft or the amount ever accounted for to you? - A. Never.
Cross-examined by Mr. Alley. Q. A great number of money transactions have taken place between you and the prisoner, for Rowcroft and Co.? - A. Yes.
Q. From your own personal recollection, are you able to say that this sum was not paid to you without a reference to your books? - A. I cannot.
Mr. Knapp. Q. Have you any doubt in your own mind that that money never was accounted for to you? - A. None.
Court. Q. Can you say, from your own knowledge, without referring to your books, that that draft was never brought to account? - A. Yes, I can.
THOMAS ROWCROFT , Esq. sworn. - Examined by Mr. Knapp. Q. You are in partnership with Mr. Henry Blackburn ? - A. I am; the prisoner was in our employ; the last witness was our cash-keeper; it was the duty of the prisoner every day to bring to account with the last witness any draft he might receive.
The prisoner put in a written paper, throwing himself upon the mercy of the Court, and stating that he had been
"led into this unfortunate error, by that
"bane of society, gaming."
MARY MERCER.
561. MARY MERCER was indicted for feloniously stealing, on the 12th of October , five yards and a half of woollen cloth, value 3 l. the property of John Brock .
JOHN BROCK sworn. - I am a tailor : On the 12th day of this month I sent my boy to Mr. Pineger's, on Ludgate-hill, for five yards and a half of of woollen cloth; a gentleman came to me, in consequence of which I took the cloth from the prisoner.
HENRY GIBB sworn. - I am twelve years of age; I am servant to Mr. Brock; he sent me to Mr. Pineger's for five yards and a half of woollen cloth, about ten or eleven o'clock in the day, or it might be between eleven and twelve; the prisoner came and tapped me on the shoulder, and asked me if I was not Mr. Brock's boy: I said, yes; she asked me if I had not been to Mr. Pineger's; I said, yes; she said, she was his servant, and he had sent her off in a great hurry, to see if she could see me; she told me I was to go back for the same quantity of drab, and some stuff for breeches; she said, I was to make all the haste I could back, I was to give her the bundle, and she was to take it on to my master's; I gave her the parcel, and went back to Mr. Pineger's; I saw her go towards Cornhill; when I went back to Mr. Pineger's, I found that he had not sent after me; I went back to my master's, and was then sent to the Mansion-house directly; I am sure the prisoner is the same woman.
THOMAS ARLINGTON sworn. - I am a woollen-draper: I was passing along the Poultry, on Friday, the 12th of this month; I observed Mr. Brock's boy, whom I knew, in conversation with a woman; he had two cuts of cloth under his arm; I waited a little time at the end of the Mansion-house, and observed the woman coming with the two cuts of cloth under her arm; she passed me, and crossed over towards Cornhill; she stopped at the corner, and turned round, as I supposed, to see whether the boy was gone; she then turned back, and crossed to Lombard-street; she then began to run, which gave me a suspicion; I immediately ran after her; she turned into Dove-court, and there I stopped her, and told her I knew the boy very well; she said, so do I too, and that I will let you see; the cloth is mine; she then led me across Cannon-street to Laurence-Pountney lane; I then told her she should not go any farther; there were some people about; I requested they would take care of her till I fetched the boy's master; he came and gave charge of her.
( John Wainwright , a constable, produced the cloth, and a pattern-card, which the prosecutor had sent by the boy.)
Prisoner. I beg for mercy, my husband has been on board his Majesty's ship the Glatton these three months; I am guilty, and beg for mercy.
ELIZABETH MARTIN.
562. ELIZABETH MARTIN was indicted for feloniously stealing, on the 19th of October , a metal watch, value 1 l. and a brass key, value 1 d. the property of Robert Jarrett .
It appeared in evidence that the prosecutor had picked up the prisoner in Kingsland-road, and gone home with her; she stating that he had given her the watch to take care of till morning, he having no money to give her, the Jury found the prisoner
ALICE MOBBS, ANN GRACE, SUSANNAH CROSS.
563. ALICE MOBBS , ANN GRACE , and SUSANNAH CROSS , were indicted for feloniously stealing, on the 16th of September , a silver watch, value 3 l. a pair of stockings, value 2 s. and a half-handkerchief, value 1 s. the property of
William Pittman , in the dwelling-house of Charles Innes .
The circumstances of this case were nearly the same as the last, with the addition that the prosecutor was extremely intoxicated, and the defence being exactly of the same nature, the Jury found
All Three, NOT GUILTY .
THOMAS REED.
564. THOMAS REED was indicted for feloniously stealing, on the 9th of October , 45 lb. weight of potatoes, value 14 d. the property of Samuel Ridge .
SAMUEL RIDGE sworn. - The prisoner worked for me some weeks ago; I am a grower of potatoes , at Bethnal-green ; I had been frequently robbed: On Tuesday, the 9th of this month, I took a walk to see if I could detect any body; I saw the prisoner standing by the potato-banks, about half-past seven o'clock; I took hold of him; I perceived that the bank was broke open, and a bag with potatoes by it; I told him he must go with me; he resisted very much; I called for assistance, and took him to Worship-street; the bag was half full; there were 45 lb. of them; there were a quantity missing from the bank.
JOHN RIDGE sworn. - I was with my father when he found the prisoner standing by the potato-bank; I took the bag before the Magistrate; the bank was broke; the bank is a hole filled with potatoes, and the bag was in the hole.
Prosecutor. Before the Magistrate, the prisoner said he had mistaken his road, but it is no road at all; it is an enclosure, where I keep stacks of wheat, hay, and potatoes.
Prisoner's defence. I was coming home from work, and met Mr. Ridge; he told me I must go with him, and he pinched me in the neck; I tried to get from him, but did not mean to run away.
The prisoner called two witnesses, who gave him a good character.
JOHN HALL.
565. JOHN HALL was indicted for feloniously stealing, on the 19th of September , eleven yards of cotton sarsnet, value 20 s. the property of George Brown , privately in his shop .
THOMAS BROWN sworn. - I am shopman to George Brown , No. 8, Shoreditch : On the 19th of September, the prisoner came into the shop, and asked for some white jean; I told him we had not got any; he then asked for some white cotton sarsnet; I shewed him some coloured ones; he told me, they would not do, but asked for two patterns of them, which I gave him; he then asked if we had any clay-coloured; I told him we had not; he then took a green wrapper from under his arm, and placed it on the cottons; he then asked for a piece of stuff; I went to get a piece of dark-coloured stuff, and observed him take the wrapper up, and put it under his arm; I saw a piece of grey sarsnet which I had been shewing him peeping out of the wrapper; I suspected him, and had kept my eye upon him; when he was gone out at the door, I told Mr. Brown of it, and he fetched him back with the sarsnet, containing eleven and a half yards.
GEORGE BROWN sworn. - I went after the prisoner, and brought him back with a piece of grey sarsnet upon him, my property.
The prisoner put in a written defence, stating that he went into the shop to ask for some goods relating to his trade; that as he lived in the neighbourhood to let him take it home with him, to see if it would match with what he wanted it for, when the prosecutor came after him, and took him into custody.
Q.(To Thomas Brown .) Is there a word of this true? - A. Not at all.
Of stealing the goods, but not privately in the shop .
566. MARY MAHONEY was indicted for feloniously stealing, on the 4th of October , a child's pelisse, value 10 s. 6 d. the property of William Tingle , privately in his shop .
WILLIAM TINGLE sworn. - I am a man's mercer , in Hatton-garden : I did not see the prisoner come into the shop; I heard her ask my shopman, about three or four o'clock in the afternoon, whether we sold black stockings; he told her no, and just as she was going out at the door, I saw the child's pelisse hanging from under her cloak; I brought her back with the pelisse; she said she did not know how it came there; it had been hanging up at the door; she must have taken it before she came into the shop.
(The pelisse was produced by George Wood , an officer, and identified by the prosecutor.)
Prisoner's defence. I found it on the ground, outside the step of the door; I went into the shop with it, and called, but nobody answered; I was going to rap at the door, when the man laid hold of me, and said I was going to steal it.
Jury. (To the prosecutor.) Q. How are your goods fastened in general? - A. With pins; the goods are pinned to one another.
Transported for seven years.
RICHARD GREEN.
567. RICHARD GREEN was indicted for feloniously stealing, on the 10th of October , a pair
of breeches, value 14 d. the property of Elizabeth Batt .
ELIZABETH BATT sworn. - The prisoner at the bar lodged at my house: I lost a hat and a pair of breeches out of the room where he lodged; I missed the breeches about a fortnight ago; he had lodged with me about eight weeks; I found them two or three days afterwards at a woman's house, where he had taken them to be mended.
- BLOXAM sworn. (Produces the breeches.) Mrs. Batt informed me she had lost these things; I went to the place where he worked, and I found he had left the place where he worked; I met with him; I am an officer, and I apprehended him; I then made inquiry, and I went to another witness, who is here, and there I found the breeches.
Mrs. - sworn. - I received these breeches from the prisoner.
Batt. These are the breeches I lost out of the room where he lodged; he took them out of the box.
Prisoner's defence. I bought them in Petticoat-lane.
Second Middlesex Jury before Lord Ellenborough.
JOANNA MURPHY.
568. JOANNA MURPHY was indicted for feloniously stealing, on the 15th of October , a gown, value 20 s. the property of William Hughes .
ELIZABETH HUGHES sworn. - I am the wife of William Hughes; I live in St. George's in the East , my husband is a ballast-heaver : On the 15th of this month, about eight o'clock in the morning, the prisoner came to my house to ask me to buy an old apron, she had been in every house in the neighbourhood with it; I bought it of her more out of charity, to get her a breakfast, than any thing else; I gave her ninepence for it; about ten minutes after she was gone, I went to put my gown on, and missed it; it was hanging across the back of a chair in the same room where I was; I afterwards found it at Mr. Cording's, a pawnbroker, in Ratcliff-highway; I took a piece of the same with me.
BENJAMIN MOXON sworn - I am servant to Mr. Cording, a pawnbroker, in Ratcliff-highway, (produces a gown) On the 15th of October, between eight and nine o'clock in the morning, the prisoner brought this gown to pledge; I lent her eight shillings upon it; she gave in the name of Joanna Murphy, in Sun-yard.
Prosecutrix. This is my gown; I apprehended the prisoner; I went, in consequence of the directions from the pawnbroker, to Sun-yard, but could not find her; I took her about five o'clock in the evening, in Swan-court, East-Smithfield; I could not get an officer; I went into the house where the prisoner was, and there was a man with her; he took up a broom, and beat me out; I am told it is her brother; I called to several people, but no one would lay hands upon her; I had to drag her myself to Whitechapel Office.
Prisoner's defence. I never saw the woman, nor her place, in my life.
PHILIP MARKS, THOMAS WILLIAMS.
569. PHILIP MARKS and THOMAS WILLIAMS were indicted for feloniously stealing, on the 15th of October , a pocket-book, value 20 s. the property of William Dowding .
WILLIAM DOWDING sworn. - On the 15th of this month, I was going from Maddox-street to Swallow-street, about twelve o'clock in the day; I had in Maddox-street put my pocket-book in my left-hand pocket; I had taken it out upon some occasion, not exceeding five minutes before I lost it; I had not advanced more than twenty yards in Swallow-street , passing between the wall and a waggon, before I was accosted by a man in the garb of a chimney-sweeper, who asked me if I had lost any thing; I felt my pocket, and said I had lost my pocket-book. In consequence of his information, I turned back, and with him pursued the two prisoners; I had a glimpse of a third person somewhat taller than the little boy at the bar; he made his escape.
Q. Were you at the time that he made his escape going faster than usual? - A. Yes; the prisoners quickened their pace, and there appeared to be some consultation between them; I hailed them, but they took no notice.
Q. You are sure you saw them talking together? - A. Yes; they availed themselves of every turning they came to, but quickened their pace; I said, stop my lads, stop there; they looked back, but kept on; the first turning was to the right, and the second was to the right.
Q. What street were you in when you overtook them? - A. I turned the third street to the left; I don't know the name of the street.
Q. Did the chimney-sweeper follow with you? - A. Yes; I came up to them, and I asked them what they had done with the pocket-book they had just taken out of my pocket; they both declared themselves innocent; I searched them, but did not find the pocket-book; the chimney-sweeper came up addressing himself to the prisoners - you are the persons who were in company with the other that picked this gentleman's pocket; I desired them to tell me the person who had picked my pocket, and I would let them go about their business; a great mob collected, and advised me to take them before a Magistrate, which I did.
SAMUEL BARTON sworn. - When I first came down Swallow-street, I saw the two prisoners, and
another that escaped, standing at the corner of the Nag's-head-yard; before I got to them, they turned themselves before me, and went down Swallow-street, all three of them.
Q. Did they walk as persons in the same company, or seem accidentally to have met? - A. They stood at the Nag's-head-yard, it might be five or six minutes.
Q. Was there any thing particular that drew your attention to them? - A. Yes; as they were standing I thought they were three poor post-boys come out of the country, they were talking together; they went before me down Swallow-street, and made a stop; when they came to the corner of Conduit-street, they all three stopped, and turned round, I was crossing Conduit-street at the time; then I got rather behind them as they turned round, and then the one that made his escape got away from them, as if he was going up Swallow-street again; then the big one, Marks, gave him a beckon to come back. This gentleman came along, and then he beckoned by his hand for them to come up; the little one ran over to him directly; then the little one, Williams, was close to the other lad, and Marks a very little distance behind; then I saw the young lad's hand, who has made his escape, go into the gentleman's coat-pocket on the same side as the wall. A coal-waggon passing at the time hid the sight of him from me; I could not see whether he drew any thing out then; they made their escape through Orange-court, the prisoners went first.
Q. Did they quicken their pace? - A. They did.
Q. Are you sure of that? - A. Yes, Marks stopped at the corner of Orange-court, beckoning me to go to him, but I thought he was doing what was not right, and I told him it would not do; then I went down Swallow-street, and ran after the gentleman, and told him. I asked him if he had lost any thing, and he felt in his coat pocket, and said he had lost a pocket-book; I told him, if he went back with me, I believed I could shew him the party; he went back with me to pursue them. We went through Chapel-court, and then saw them standing at a green-grocer's shop; when they saw us, they moved away directly, we caught them first at the bottom of King-street; then the gentlemen asked them for his pocket-book; they said they had not got it; I assisted in securing them. When I was taking hold of the big one, he asked me if I wanted forty pounds to hang a man; when they were stopped, the big one, Marks, pulled out a pocket-book, and the gentleman said it was not his.
Cross-examined by Mr. Watson. Q. When you first saw them, how far distant were you? - A. I suppose fifty yards.
Q. How far distant did you continue when the coal cart came? - A. I suppose as far again.
Q. Do you think you ever was nearer than fifty yards to the prisoner, before you saw the prosecutor to speak to him? - A. Yes, about thirty yards.
Q. Then that was the nearest you were to them at all? - A. Yes.
Q. The prisoner who made his escape put his hand into the gentleman's pocket, and then the coal waggon coming, it was impossible for you to see whether the prisoners were doing any act? - A. I could not.
Q. The tall prisoner beckoned to you, whether it was to give you information of what the other had done or not, you cannot tell? - A. No.
JOSEPH GREGORY sworn. - I am a constable, I live close to Golden-square: I heard that there were some pickpockets, I ran out and found the prisoners in the custody of a great number of people, I immediately went up and seized Marks, I knew him before; I asked where the other one was; Marks said he would not go without I was an officer; I told him I was an officer, and I insisted upon his going; he walked about ten yards, and swore he would go no further, he struggled, and endeavoured to make his escape from me, having one in each hand I did not know what they might do; I called out for assistance, which I got immediately; Marks struggled very hard till we tore his clothes, he walked then very quietly to the watch-house, and there he was searched; the first thing I took from him was, a gold watch, a gold chain, two gold seals, and a gold key; I put my hand into his breeches-pocket, and took out eleven guineas in gold, the principal part seven-shilling-pieces; and from his inside coat-pocket I took out this new pocket-book, there is no name or writing in it; there were three one pound notes in the pocketbook, a silk handkerchief, a knife, and a large key; in his hand a new umbrella that had never been wet; in his waistcoat-pocket I found a dollar and a few halfpence, he said they were his own, that he had bought the umbrella that day; I told him it was a fine day, he did not want a new umbrella that day.
Marks's defence. The gentleman let me go several times, and the mob insisted on his taking me; I told the gentleman I would go with him, five or six times, to Marlborough-street.
Williams's defence. Myself and Marks were going home, I do not know any thing about it.
The prisoner, Marks, called two witnesses, who gave him a good character.
Marks, GUILTY , aged 20,
Williams, GUILTY , aged 13.
ISAAC GREENTREE.
570. ISAAC GREENTREE was indicted for feloniously stealing, on the 27th of September , a
bag, value 4 d. a shovel, value 3 s. a trowel, value 21 d. a hammer, value 14 d. two thousand sixpenny nails, value 5 s. 6 d. four thousand four-penny nails, value 7 s. 4 d. six thousand three-penny nails, value 9 s. 6 d. four thousand two-penny nails, value 5 s. 4 d. the property of Jane Fowler and John Tucker .
Second Count. Charging them to be the property of John Tucker only.
Third Count. For feloniously stealing two thousand three-penny nails, value 3 s. 3 d. the property of Jane Fowler and John Tucker .
And Fourth Count. Charging them to be the property of John Tucker .
There being no evidence offered on the part of the prosecution, the prisoner was
ROBERT ROCKET.
571. ROBERT ROCKET was indicted for feloniously stealing, on the 15th of March , a silver pint mug, value 5 l. ten silver table-spoons, value 2 l. sixteen silver tea-spoons, value 2 l. a pair of silver salt-cellers, value 1 l. two salt-spoons, value 5 s a cotton gown, value 15 s. five muslin gowns, value 3 l. a black lace cloak, value 5 l. eight shirts, value 4 l. ten yards of muslin, value 2 l. and four yards of dimity, value 8 s. the property of John Lewis , in his dwelling-house .
ELIZABETH LEWIS sworn. - I am the wife of John Lewis , at Stroud-green, Islington : In March twelve month, we gave the prisoner the key, and put him into possession, we were just moving into the house; the goods were all in the next morning. We found the house locked up, and the prisoner absconded; we found the key in a little house where he kept his working tools; when we got in, we found a little box and a chest of drawers taken away; I had seen them about half an hour before he had the key; the chest of drawers were removed into a barn just by, and the back broke; I lost the articles mentioned in the indictment (repeating them) to the amount of about 50 l. I saw the prisoner about three weeks ago in Spital-fields watch-house, in custody; I asked him how he could think of robbing us, after we had put him in possession; he made no answer to that, but when I asked him if he would acknowledge that he did it; he said he did it with another man.
Q. Did you tell him it would be better for him to acknowledge it? - A. No.
Q. Nor use any threats if he did not? - A. No: he left his own cloaths behind him in the little house where he kept his tools, and took my husband's.
Q. Had you ever slept in the house? - A. No.
Q.Nor any of your family? - A. No; he worked for our landlord; we had taken the house about six weeks before, but it was not finished; it was too damp for the family, fires were kept in it.
JOHN COX sworn. - I am a butcher, in Spitalfields: I saw the prisoner last Sunday three weeks, I assisted in taking him to the watch-house; he there said, if a man had not come and threatened his life, he should have had no thoughts of it; he did not say what he had done with them.
THOMAS HART sworn. - I asked the prisoner in the watch-house what he had done with the property; he said he had got another man to assist him down with the bureau.
Q. Did he talk of that man forcing him? - A. No; he said all the things were put in a bag, and the other man carried them away; he said he never saw the man but once before.
Prisoner's defence. I granted a man liberty to sleep in the barn one night, and the next night I gave him liberty to sleep in the little room I lived in; in the night I awoke, and saw a light; I went down stairs, and found he had got the drawers down; he threatened my life if I attempted to resist his taking them away, and he did take them away.
Of stealing the goods, but not in the dwelling-house .
ELIZABETH COULSTON.
572. ELIZABETH COULSTON was indicted for feloniously stealing, on the 19th of October , a coat, value 18 s. a cloak, value 8 s. three gowns, value 15 s. three petticoats, value 10 s. two aprons, value 1 s. a pair of stockings, value 1 s. a pair of gloves, value 6 d. two handkerchiefs, value 6 d. three cloths, value 6 d. a cap, value 6 d. and a bonnet, value 3 s. the property of John Brown , in the dwelling-house of Joseph Dolphin .
There being an error in the prosecutor's name, the prisoner was
ANN WALKER, SARAH WALKER.
573. ANN WALKER and SARAH WALKER were indicted for feloniously breaking and entering the dwelling-house of Sarah Gaywood , no person being therein, about the hour of eleven in the forenoon of the 15th of October , and stealing a green silk bonnet, value 1 s. a black silk cloak, value 6 s. a muslin gown, value 5 s. a pair of shoes, value 5 s. a cotton apron, value 4 s. a gold ring, value 9 s. 6 d. a half handkerchief, value 1 s. and a half shirt, value 6 d. the property of the said Sarah Gaywood .
SARAH GAYWOOD sworn. - I am a single woman , I live at No. 3, Anglers' gardens , near the Shepherd and Shepherdess; there are three houses in the gardens; Matthews, the landlord, lives at one end, and I at the other; the prisoner, Sarah, lived in the middle; it was formerly a large public-house,
the sign of the Anglers, and it is now partitioned off into three tenements; we have all different outside doors; there are doors that go through from one room to another, but they are nailed up; there was a door between my room and the prisoner's nailed up: On the 15th of October, I went out about half past seven in the morning, and returned about half past five in the evening; I left the windows and shutters secure, and found them the same when I returned; I had locked the door, and taken the key with me; I went up stairs, and missed the articles in the indictment from my box, I had put them in the night before, which was Sunday. I did not observe the middle door on the Monday, but on the Tuesday morning, about eight o'clock, I observed the door standing a little ajar; the nails were, some of them, remaining in the door, but they had been drawn.
Q. When did you see any thing of your things again? - A. Sarah Walker was taken into custody on the Tuesday morning; I had no suspicion till I saw the door a-jar; I then got an officer, and searched her house, but found none of my property; the prisoner, Ann, lived with her mother; I met her in the street the next day, and told her, possibly I would not hurt her mother, if she would let me have my property; she told me she would tell me where it was, if I would not hurt her mother; she brought me that same evening a green bonnet, and said that was all she knew of; the other things were found at a relation's in Shoreditch. (Produces the bonnet.)
MARGARET MOLLETT sworn. - I live at No. 7, Anglers' gardens; Sarah Walker has washed for me these six years, and I never lost any thing by her: On the Tuesday morning, between eight and nine o'clock, she borrowed my cloak to go to London; I did not see her again for two hours or more; I saw her standing at my gate, and two other women with her; she said to me, mistress, I want to speak to you something very particular; I asked her what she wanted; she said, you must promise me you will not be frightened, if I tell you; I said I did not know what she meant by frightened; she put her hands on both my shoulders, and said, mistress, don't betray me, don't transport me. She frightened me very much when she said so; she told me she had conveyed the bundle into my coal-hole, containing the woman's property at the corner; I said, Lord have mercy upon me, Walker, how could you be so cruel; she said, don't frighten yourself, for I will take it away; I saw her go towards the coal-hole, but I fainted away, and when I came to myself, she was gone; she was taken up the same forenoon.
ANN BLAND called. - Q. How old are you? - A. Nine years and a half next month.
Q. Do you know what will become of you, if you do not tell the truth? - A. I shall go to the wicked place.
Q. Do you say your prayers? - A. Yes.
Q. Where do you live? - A. At No. 7, Anglers' gardens, Mrs. Mollett is my mother-in-law: Last Tuesday week, Mrs. Walker came, and asked me if my mother was at home; I told her she was not; then she went, and put a bundle of things in the coal-hole; she had them under her cloak, I did not see whether they were tied up, or not. She told me not to tell my mother till she came again; she came again afterwards, and went in with my mother; I staid in the yard.
Q. Did you look in the coal-hole to see what she had put there? - A. No; but I saw her drop the green bonnet by the drawers; she picked it up, and put it in the coal-hole with the other things.
(Mrs. Ford was called to prove a conversation with the prisoner, Ann Walker , but having told her it would be better for her to confess, she was not examined to it.)
SARAH CRAWLEY sworn. - I live in Hackney-road, Sarah Walker is my own brother's daughter: I saw her on Tuesday week, between ten and eleven o'clock, as nigh as I can recollect; she brought me a bundle of things loose, but I do not know what it contained, I did not see the inside; she asked me to let her leave them, and desired that nobody might have them but herself. In the course of the day, Ann Walker , the daughter, came; she said she came for the things her mother had left; I told her that her mother said nobody was to have them but herself, but having an officer with her, I delivered them to him.
(Parker, a constable, produced the property.)
Q.(To the prosecutrix.) Are these your property? - A. These are all my things; (looks at them;) this is my pocket-book; there was a gold ring in it when I left it, but it is not in it now, and there is a black silk gown wanting, and a pair of black jean shoes; the things that are here are mine, except the cap, and there is a dark cotton apron missing.
Q. Are you sure you had the things described in the indictment? - A. Yes, they were all missing on the same day.
Q.(To Parker.) Did you examine this door which opens into her apartment? - A. When I went up into the room, I saw it had been opened, and the nails had been drawn.
Q.(To the prosecutrix.) This door joins to a partition between your house and the prisoner's? - A. Yes.
Q. You cannot say whether it was open on Monday night or not, when you came home? - A. No, I did not make any observation then, nor till Tuesday morning, and then I saw the nails were drawn.
Jury. Q. In what state was the door on Tuesday morning; you have said you did not see the
nails were drawn which fastened the door till Tuesday? - A. The door was on a-jar and Walker's bed was lying against the door, and the nails were drawn partly out of the door when I saw it.
Court. Q.What time of the morning was it when you saw it? - A. Between nine and ten o'clock, and it was on Walker's side of the door the nails were a little left in.
Q. You had done nothing to open this door yourself? - A. No, nothing at all.
Sarah Walker 's defence. I was absent at the time.
Ann Walker 's defence. She is a very false woman, there was no apron, no ring, nor no shoes, that I can be upon my oath; there was no such a thing in the bundle.
Sarah Walker called four witnesses, who gave her a good character.
Sarah Walker , GUILTY
Confined twelve months in the House of Correction , and fined 1 s.
Ann Walker , NOT GUILTY .
TIMOTHY HIGGINS, BRIDGET HIGGINS.
574. TIMOTHY HIGGINS and BRIDGET HIGGINS were indicted for feloniously stealing, on the 1st of September , a shirt, value 2 s. two pair of stockings, value 1 s. two handkerchiefs, value 1 s. two bed-curtains, value 1 s. a sofa-cover, value 2 s. four chair-covers, value 2 s. and an umbrella, value 2 s. the property of Thomas Comerford ; a shirt, value 2 s. two handkerchiefs, value 1 s. and a pair of stockings, value 1 s. the property of Michael Comerford ; two shirts, value 4 s. a neck handkerchief, value 1 s. and a pair of silk stockings, value 1 s. the property of Charles Comerford .
There being no evidence offered on the part of the prosecution, the prisoners were
ANN KENNINGTON.
575. ANN KENNINGTON was indicted for feloniously stealing, on the 12th of October , twenty yards of printed calico, value 35 s. the property of Robert Cottle .
The prosecutor not being able to identify the property, the prisoner was
SARAH RANSOM, MARY TOMLIN.
576. SARAH RANSOM and MARY TOMLIN were indicted for feloniously stealing, on the 4th of October , a pair of shoes, value 4 s. 6 d. the property of William Gray .
The prosecutor's wife being the most material witness, and being too ill to attend, the prisoners were
WILLIAM FENNELL.
577. WILLIAM FENNELL was indicted for feloniously stealing, on the 28th of September , a mahogany tea-tray, value 5 s. a piece of bed-sacking, value 2 s. a looking-glass, value 14 d. a Russia mat, value 10 d. and a piece of carpet, value 1 s. the property of Robert-Arnold Huller and David Turner .
The property not being identified, the prisoner was
THOMAS GREEN.
578. THOMAS GREEN was indicted for feloniously stealing, on the 8th of October , nine deal boards, value 15 s. the property of John Loadman .
JOHN LOADMAN sworn. - I am a carpenter at Seven Dials; I was going to Kentish-Town, on the 8th of this month; I received information, in consequence of which I missed part of a staircase from a building in Kentish-Town ; I cannot swear to it; the boards have been since worked up.
THOMAS MORRIS sworn. - I was at work upon a stair-case at a house in Kentish-Town, for Mr. Loadman; I left all the stuff on the Saturday night, and on Monday morning part of it was gone; I saw the boards at the watch-house, and knew them to be the same.
JEREMIAH SMITH sworn. - I am a watchman: On the 7th of this month, about two o'clock in the morning, I stopped the prisoner in Camden-Town, with some boards; he said they were his master's property; I asked him how he came to be so late; he said he had been drinking porter and gin with some friends; I then detained him; he had an axe in his hand, which has not been owned.
Morris. I know the boards to be Mr. Loadman's; I worked them myself; the prisoner is a bricklayer's labourer, and worked at an almost adjoining building.
Prisoner's defence. A man asked me to carry them for him, and when the watchman came up, the man ran away.
THOMAS DEAN.
Corporal > private whipping
579. THOMAS DEAN was indicted for feloniously stealing, on the 22d of October , a silk handkerchief, value 5 s. the property of William Page .
WILLIAM PAGE sworn. - I am a pawnbroker , in Liquorpond-street : On Monday last, between two and three o'clock in the day, I observed the prisoner, in company with another boy, peeping through the shop-window repeatedly; they then went towards the door, and looked into the shop; the other boy then left the prisoner near the door, and went on the other side of the way; he then called out to the prisoner; the prisoner came to
the door, laid hold of a silk handkerchief, tore it down, and ran away with it; I went after him and secured him; I delivered the handkerchief to the Officer.
( William Chapman , an Officer, produced the handkerchief, which was identified by the prosecutor.)
Prisoner's defence. I have no mother, my father is a hackney coachman, I know nothing of the handkerchief.
Court. Prisoner, the sentence of the Court upon you is, that you be well whipped in the jail and discharged.
CHARLOTTE FANTON.
580. CHARLOTTE FANTON was indicted for feloniously stealing, on the 5th of October , a silver watch, value 30 s. the property of David Ballard .
There being no evidence to bring the charge home to the prisoner she was
Second Middlesex Jury, before Mr. Common Serjeant.
ANN SNOW.
581. ANN SNOW was indicted for feloniously stealing, on the 28th of March , a sheet, value 4 s. and a blanket, value 4 s. the property of Thomas Lester , in a lodging-room .
Second Count. For a like offence, charging it to be the property of Jane Townes , in a lodging-room.
MARY LESTER sworn. - I am the wife of Thomas Lester , No. 90, Great Saffron-hill : I let the prisoner a lodging, in the house of Jane Townes , a widow , with four children, who is confined in a mad-house; I let her the lodging at 3 s. a week; she continued in her lodging one week; Mrs. Townes's house was No. 79; when she had been gone about a week, we found the key between the door and the door-post; she went away without paying; I missed a blanket, a bolster, a rug, and two sheets; last week I received some information, in consequence of which the prisoner was taken up; there were a quantity of duplicates found upon her, and among others of a sheet and a blanket.
MARY HOLLAND sworn. - I was present when the prisoner took the lodging of Mrs. Lester; I saw the sheet and the blanket delivered to her; I can swear to the blanket.
(Henry Hammond Fleming, servant to Mr. Edmund Fleming, a pawnbroker, in Fetter-lane, produced a sheet, which he took in from the prisoner.)
( Henry Thompson , servant to the same pawnbroker, produced a blanket, which had been pledged by the prisoner.)
(Patrick Devize, a constable, produced the duplicates found upon the prisoner.)
(The sheet only was identified by the prosecutrix.)
The prisoner did not say any thing in her defence, but called three witnesses, who gave her a good character.
THOMAS ROACH.
582. THOMAS ROACH was indicted for breaking and entering the dwelling-house of William Gee , Elizabeth, the wife of William Moreton , and William Moreton , the younger, in the same house then being, about the hour of ten in the forenoon of the 27th of October , and stealing a coat, value 30 s. a waistcoat, value 20 s. a knife, value 4 d. two dollars, value 10 s. two pounds in monies numbered, and a Bank note, value 1 l. the property of the said William Gee .
WILLIAM GEE sworn. - I live in Bedford-place, in the parish of St. George, Bloomsbury : On the 20th of this month, I was robbed to the amount of 33 l. and on Saturday last I was robbed again; Elizabeth Moreton was in the house, William Moreton is an infant. I am a carpenter; I left my house about half past six o'clock in the morning, and returned about a quarter before twelve at noon, in consequence of an alarm; I found the room-door broke open upon the attic floor, I had left it locked; I sleep in the room, I am sure it was locked; I first missed the money out of my breeches pocket - two half guineas, two dollars, a crown-piece, a one-pound Banknote, a seven-shilling piece, and some silver, altogether about three guineas and a half, as near as I can guess; I then missed a sattinet waistcoat, and a great coat; the coat cost me 1 l. 18 s. and the waistcoat 1 l. 8 s. I had not worn them more than ten times; I had left the waistcoat in the room that morning, but the coat I cannot say where I left it, I saw it in the room on the Thursday morning; I have seen the prisoner many times about the neighbourhood, but I do not remember to have seen him for three or four months before this happened; he is a plasterer's labourer, and did work for a person who lived in the same street, at a house in Russell-square; I found the prisoner the next day, with the coat and waistcoat on his back, in the Coal-yard, St. Giles's, at a public-house next the watch-house; I had been in pursuit of him the whole night; he said he had bought the coat and waistcoat on the Saturday; I told him, if it was my coat, there were no pockets under the flaps, but one inside at the breast; in the great coat pocket I found part of a sawyer's bill of mine, that I had paid, and in the waistcoat pocket I found a knife which I can swear to be mine; I had used it the Sunday before; the room door appeared to be broke open by a chisel; there is the mark of a chisel about an inch and a half.
ELIZABETH MORETON sworn. - I am the wife of William Moreton, I had the care of Mr. Gee's house, my husband and I lived in the house: On the 27th of October, I met the prisoner about ten o'clock in the morning, at the foot of the stairs, I am sure the prisoner is the person, I saw him four or five different times; I was up stairs making the beds, I knew I had fastened the door, I went
down and asked him how he got in; he said, at first, he knocked at the front door, and afterwards he said they had let him in through the stables; the front door was shut with a spring lock, but not locked; he then went up stairs, with a bundle of laths in his hand, I had a child in the room below, his name is William, he is four months old; the prisoner went down stairs into the area, and up the area steps; in a few minutes afterwards he came in again, and went up stairs, I heard him hammering; I asked him what he was about; he told me he was come to repair the water-closet; the water-closet is on the second floor, and the cistern that supplies it is on the attic story along-side Mr. Gee's room, that took away all suspicion; I told him I wanted to go out, I should not be gone long, and asked him to watch the house while I was gone, and if he should go before I came home, begged him to shut the door after him; after I had been gone some time, I had a suspicion, because I had been robbed before; I returned, and found him gone, I had the child out with me; when I went up to him he left off hammering, and met me on the landing-place, he turned from the door and faced me; I am sure he was hammering, though I saw nothing in his hand but the laths.
ELIZABETH HARVEY sworn. - I lodge in the same house, in the laundry part, adjoining the stables; the prisoner knocked at the door, and I let him in; I did not know him before, I am sure he is the man; my father is a slater, and I thought it was one of his men; I asked him if my father was coming, and he said he did not know; I asked him how the man was that fell from the top of the house, and he said very bad; it was about half past ten o'clock; he said he wanted to repair a water-closet in the front of the house, No. 17, Mr. Gee's is No. 17; I did not see him afterwards.
Q.(To Gee.) Had you given this man any directions to repair the water-closet in your house? - A. No man whatever.
Q. Does it want repair? - A. It does in the plumbing business.
WILLIAM BLACKMAN sworn. - I am a constable belonging to Bow-street: On Saturday, about eleven o'clock, Mr. Gee came to me, and told me he had been robbed; I went with him all Saturday evening, and all night; on Sunday morning we appointed to meet at eight o'clock; we heard he was about drinking and dancing with some tambarine girls, I knew where they resorted, and I went and took him; I found upon him a coat, a waistcoat, and a knife, which Mr. Gee said were his; and in the great coat pocket a part of a sawyer's bill. (The property produced and identified by the prosecutor.)
Prisoner's defence. I met a plumber, who gave me those laths, and told me to go there and repair the water-closet, and stay till he came; I went up stairs and took the laths; a young man came out of the room with the coat and waistcoat in his hand, and asked me half a guinea for them; I bought them of him, and was about the neighbourhood all day with them upon me.
EDWARD SWAILE.
583. EDWARD SWAILE was indicted for feloniously stealing, on the 31st of August , 31 lb. weight of copper, value 1 l. 18 s. the property of Peter Keir .
Second Count, for stealing the like goods, the property of certain persons to the Jurors unknown.
There being no evidence of the identity of the property, the prisoner was
ANN MASON.
584. ANN MASON was indicted for feloniously stealing, on the 19th of September , a counterpane, value 15 s. the property of Robert Armstrong .
EDWARD RUBERY sworn. - I am servant to Mr. Armstrong, pawnbroker , in Baldwin's Gardens : On the 19th of September, there was a counterpane hanging up for sale at my master's door, I had information that a woman had run away with it, I went out and saw the prisoner running, I pursued her, and took her with the counterpane upon her; (produces it;) she had it under her cloak; she dropped it when I laid hold of her; I immediately took her into custody; it is the property of Mr. Robert Armstrong .
JONATHAN TROTT sworn. - I am a constable, I took charge of the prisoner, she cried a good deal but said nothing. (The counterpane identified by Rubery.)
DANIEL THURSTON, JOSEPH FREEMAN.
585. DANIEL THURSTON and JOSEPH FREEMAN were indicted for feloniously stealing, on the 28th of September , privily from the person of Thomas Cole , a pocket-book, value 6 d. and a Bank note, value 15 l. his property .
The Bank note not being identified to the satisfaction of the Jury, and the pocket-book not being found, the prisoners were both
JOHN HARDWELL.
586. JOHN HARDWELL was indicted for feloniously stealing, on the 25th of October , in the dwelling-house of James M'Guire, 8 s. a Banknote, value 10 l. and another Bank-note, value 1 l. the property of Donald Cameron .
The witness not being able to identify the notes, the prisoner was
MARY WINN.
Imprisonment > newgate; Miscellaneous > sureties
587. MARY WINN was indicted for that she, on the 10th of October last, one piece of false and counterfeited money, made to the likeness of a good shilling, did unlawfully utter to one Elizabeth Legg , she then and there knowing it to be false and counterfeited; and that she had in her custody and possession one other piece of false and counterfeited piece of money, made to the likeness of a good shilling, she knowing the same last piece to be false and counterfeited .
ELIZABETH LEGG sworn. - Examined by Mr. Knapp. Q. You are employed by Mr. Costen, in his shop? - A. Yes, he is a haberdasher, at No. 204, Upper Thames street .
Q. Do you know the prisoner at the bar? - A. Yes, I had seen her twice before; she came into the shop to pass that bad shilling; she came into the shop, and asked for half an ounce of thread, it came to two-pence; she asked me if I could change her a shilling, I told her I could not; she told me it was not of any consequence, she was going over the way to the baker's, and she would bring me the money when she came back; I then told her I would get her change directly; she gave me the shilling; I went to the other end of the shop, and called my master, because I had had a charge before, that whenever that woman came into the shop, to stop her; my master came, and I told him who the person was; my master sent for the beadle; the woman continued in the shop till the beadle came.
Court. Q. What became of the shilling? - A. I delivered that shilling which she gave me into my master's hands.
Q. Are you sure that it is the same shilling that you received from the prisoner, that you gave to your master? - A. I am positive of it.
JOHN COSTEN sworn. - Examined by Mr. Knapp. Q. You keep a haberdasher's shop, in Thames-street? - A. Yes, the last witness is my servant; she called me down in the morning, on the 10th of October, and gave me a bad shilling; she said she took it of the prisoner; I sent her for the beadle, Mr. Comley; I looked at the shilling, I thought it was a bad one; I gave the shilling to Comley. While Comley was sent for, the prisoner said she would change that shilling, she had never offered a bad shilling before; I told her I could not accede to that, for if there were no passers of bad money, coiners would have no employment; when Mr. Comley came, he asked her if she had any more about her; she said, no; he told her then, she would undergo a very strict search, and if she had any, she had better discover it. After that we went up stairs, for the purpose of searching the prisoner; the staircase is dark; I went up stairs first, and opened the right hand door to cast a light on the staircase, and by that means we saw, as she was coming up to the top stair, she made something like a stumble; I saw her hand lay downwards towards the stair, and it gave me an idea that she had dropped something; Mr. Comley was behind, and he said, you had better have dropped this before you came into this house; he picked it up immediately.
Q. Did you see Comley pick it up? - A. Yes, he opened it in my presence, and in the prisoner's; it turned out to be seven bad shillings, rolled up with a piece of paper between each shilling; we turned out her pockets, and in her left hand pocket there was a pocket handkerchief, and four-pennyworth of good halfpence; in her right hand pocket were five or six shillings of good silver.
JAMES COMLEY sworn. - Examined by Mr. Knapp. Q You are a beadle of Queenhithe ward; were you sent for to Mr. Costen's house? - A. Yes, on the 10th of October; as soon as I came in doors, he said he would give me charge of the prisoner for uttering bad money; I asked the prisoner how she could utter bad money, knowing it to be such; I asked her if she had any other money about her; her reply was, no, she had none of any description; I told her she had better confess, I should minutely search her; Mr. Costen went up stairs first, and opened a door, and on the top stair I saw her put her hand down. I immediately said to her, you should have dropped this before you came into the house; I picked it up, and took her into the room to search her, and found they were seven bad shillings; they were rolled up in one piece of paper, with the paper between every shilling to prevent friction; I told her I thought it would bring her to some bad end. In her left hand pocket I found four-pennyworth of good halfpence, and in her right hand pocket I found five good shillings, and to the best of my knowledge four good sixpences. I delivered the money into the constable's hands; I delivered them all separate, the good and bad distinctly; I had one shilling delivered to me previously by Mr. Costen; I kept that by itself, and the other seven by themselves.
GEORGE WRIGHT sworn. - Examined by Mr. Knapp. Q. You are a constable of Queenhithe ward? - A. Yes; I was sent for by the last witness to Mr. Costen's; the money was delivered to me, and the good money was ordered by the Magistrate to be given to the poor woman again, to keep her; I produce the one shilling, and the seven bad shillings; I know nothing more than she said she bought them of one Ellis, a man that lived up in Goswell-street, in a bye passage; we could not find him.
- POWELL sworn. - Examined by Mr. Knapp. Q. You assist Mr. Batingham in the Mint; look at that shilling, and tell us whether it is a good shilling? - A.(Look at it.) It is a counterfeit, and the seven are all counterfeits; all appear to be of the same manufactory.
Court. Q Have they been in circulation? - A. No; they have some of the last process on them now.
Prisoner's defence. I have nothing to say in my defence at all.
Confined one year in Newgate , and find sureties for two years more .
588. JOHN JAMES was indicted for wilful and corrupt perjury .
GEORGE JOHNSON sworn. - Examined by Mr. Gurney. I am bearer of the records at the Exchequer; I produce the record.
EDWARD WALKER , jun. sworn. - Examined by Mr. Gurney. Q. Are there any records of Gudgeon against Inman? - A. There are.
Mr. Alley. Q. In whose hands was money put? - A. In the Sheriff's hands.
Q. When was it drawn? - A. It was not drawn before it went to the Grand Jury.
- COOMBE sworn. - Examined by Mr. Gurney. Q. Were you present on the trial of Gudgeon and Inman? - A. I was.
Q. Was the defendant at the bar produced as a witness? - A. Yes, I saw him sworn on the 19th of June last, when the cause was tried.
Q. Was it tried at Guildhall, in London? - A. Yes, it was.
Court. Q. Before whom was it tried? - A. Before the Lord Chief Baron.
Mr. Gurney. Q. Did you take notes of what he said? - A. I did, at the time, with a pencil, and copied them out the next morning.
Cross-examined by Mr. Alley. Q. Did you take down the whole of the trial -
Mr. Gurney. I object to that.
Court. A man is not bound to take down every word that is said
Mr. Gurney. Q. What did he say? - A. He was asked what he was; he said he was a lighterman, and was present, on the 3d of March last, at a bargain with Inman and Gudgeon, and that Inman engaged to give Gudgeon 4 l. per week for himself and man; he was then asked by Mr. Plomer who that man was, and he said, I am that man. Did you work in the craft? I did, was his answer. To whom did the craft belong? I do not know. Do you know Messrs. Holmes and Bough? I do not know them. Who employed you? John Gudgeon employed me, he was my master, and paid me my wages. Whose name was on the craft? His answer was, Holmes and Bough. Are you interested in the trial? He answered, I am not. Who were the principals in the bargain - upon your oath, do not you know that Holmes and Bough were the principals, and not Inman? I do not know, Gudgeon was my master, and paid me my wages. What is Inman? I do not know what he is by business. Whose money paid you, and the workman their wages? I do not know, Gudgeon paid me my wages. How long did you work at 4 l. per week? Till the 17th: then Inman said the wages must be lowered to 3 l. 10 s. per week, and Gudgeon continued to work for that sum two weeks; then Inman said he should stop one guinea for a pair of oars missing, and six shillings for not putting the craft on the side of the shore; Gudgeon refused to have his money stopped. Inman offered: him 7 l 14 s. and told him, if he wanted more, he would give him a note to Messrs. Holmes and Bough. Did he give him a sealed note to Mr. Bough? Yes, and he went with him to Holmes and Bough, and Mr. Bough flew in a passion, and said he would have him to the Police-office, and make an example of him.
Mr. Alley. Q. I take it for granted, from your notes, you were the attorney in the action? - A. I was solicitor in that cruse.
Q. You have been paid your costs, I suppose? - A. I have received my money from Messrs. Holmes and Bough.
Q. At your desire the money was stopped in the hands of the Sheriff, the nine pounds? - A. It was.
Q. It went before the Grand Jury while it was in the Sheriff's hands? - A. It did.
Q. The Jury thought fit to give a verdict against your client? - A. They did.
Q. Did you take those notes in short-hand? - A. No, they were abbreviated.
Q. Upon the oath you have taken, did not you abbreviate the sentence you have been speaking of - it was not that: I do not know Holmes and Bough at all - But I do not know Holmes and Bough in this business? - A. No such words; the question was asked, do you know Holmes and Bough? he swore he did not, without any comment at all. and that led to the question. Whose name was on the craft? he admitted that the names of Holmes and Bough were on the craft.
Q. You had no short-hand writer to take this trial down? - A. No, I took it down myself.
Q. There was no other evidence in the cause but James? - A. No.
Q. Inman called a great many, and they were not able to overcome the evidence of James? - A. They were not.
Mr. Gurney. Q. Had you at that time discovered the defendant's affidavit? - A. No, I had not, that would have put an end to it.
JOHN GODDY sworn. - Examined by Mr. Gurney. Q. You belong to the Thames Police-office? - A. Yes.
Q. Have you the affidavit in your pocket? - A.Yes, I found it on James about nine or ten weeks ago; I asked him for his protection, and he gave it me.
(The affidavit read in Court.)
"London Docks Wapping. These are to certify that John James , in the county of Kent (in which is his description), is employed by Messrs. Holmes and Bough as a lighterman, in the work abovementioned, and it also certifies that we do not believe that he ever deserted his Majesty's service, or was ever at sea. To be renewed every twenty-one days. Witness our hands the second day of January, 1804, for self and partners.
" JOHN HOLMES and WILLIAM BOUGH ."
"And John James for himself maketh oath, that he is a lighterman, and worketh for Messrs. Holmes and Bough as abovementioned; and this deponent also faith, that he never deserted his Majesty's service, and was never at sea on any account whatever. Sworn at the Mansion-house, third of January, 1804, before me,
"J. PERRING, Mayor."
"The bearer hereof, John James , is five feet nine inches high, brown complexion, and is about thirty-one years of age, and with a scar in his forehead.
" S. GLOSTER."
I impressed him on the 21st of January, in Deptford-creek, about three o'clock in the morning; he told me he was going on board his craft belonging to the London-Dock; I brought him up to the Office; he was detained there till the Monday, and on the examination before the Magistrate, Holmes and Bough's foreman claimed him as the servant of Holmes and Bough, and he was discharged.
Mr. Alley. Q. All lightermen, without seeing their masters, get their names in their protection? - A. In this case, I think it is likely he might.
HENRY NASHWELL sworn. - Examined by Mr. Gurney. Q. Are you foreman to Messrs. Holmes and Bough? - A. I am.
Q. Have they been employed for some time past in
the execution of the London Docks at Wapping? - A. Yes.
Q. Do you remember Gudgeon being employed in that work? - A. I do not exactly remember the time, it was not in my department.
Q. Do you remember James being employed? - A. Yes, I have paid him myself; I have my book here, it was kept by myself; I paid him from October, 1803, to January in the present year.
Q. On whose part did you pay him? - A. For Messrs. Holmes and Bough; he was employed among Messrs. Holmes and Bough's men, and he was paid in the same manner as Holmes and Bough's other men were paid; sometimes I paid the money myself, and sometimes I sent it by other persons; the money came from them; he was discharged in January.
Court. Q. Was he discharged in January? - A. He went out of my department at that time.
Q. Do you remember his being impressed by Goddy? - A. I do, I attended the Police-office when they sent up to me.
Q. Whose were the craft that he worked in? - A. Messrs. Holmes and Bough.
Mr. Gurney. Q. He first swore he did not know whose craft it was, then afterwards he admitted their names were upon the oars; were it possible that he should not know that the craft belonged to Messrs. Holmes and Bough? - A. I should think that he must know it.
Q. Do you remember his making any application to you respecting the paying him any wages? - A. No.
Q. Do you remember any money being stopped for oars being missing? - A. Yes, he complained to me of it; he came to me in the public-house; I do not remember the time.
Q. Tell us what Gudgeon said when James was there? - A. He said he thought it was a very hard case that he should be a loser of the money of the oars: I told him, if the oars were found he should not be the money out of pocket.
Q. Did he at that time make any pretence of Inman being their employer, and not Holmes and Bough? - A. No.
Cross-examined by Mr. Alley. Q. At the time that conversation took place was the prisoner present? - A. He was.
Q. Who keeps the book? - A. I keep it myself.
Q. Did you write the whole of it? - A. It is some part of it my own hand writing, and I was always present when the other man wrote it; he wrote it from the tick that I paid the men with; I did not think myself a proper person; I could not write well enough, to tell you the truth.
Q. In the month of March last was the man ever on board your master's craft? - A. I cannot say.
THOMAS HOLLIS sworn. - Examined by Mr. Gurney. Q. You are likewise one of the foremen of Messrs. Holmes and Bough; do you remember Gudgeon being employed by them? - A. Yes.
Q. Do you remember at what time he came into their service? - A. I am not certain when.
Q. Do you remember his being discharged? - A. Yes; to the best of my recollection it was between the 21st and 28th of March, and James was discharged at the same time as Gudgeon was; they were both discharged together.
Q. Was Gudgeon employed as Inman's servant, and James employed as Gudgeon's servant, or both distinct and separate? - A. As servants; they were both employed as separate servants to Messrs. Holmes and Bough, and sometimes I sent the money by one Inman; I never paid them myself.
Q. Who was Inman? - A. He was agent and clerk, and superintendant. to Messrs. Holmes and Bough.
Q. Was Gudgeon discharged from Messrs. Holmes and Bough on account of a barge being sunk? - A. Exactly so.
Q. Did either James or Gudgeon make any application to you? - A. Not that I know of.
Q. Was it possible for James to believe he was employed by Inman, and not by Holmes and Bough? - A. it was not possible.
Cross-examined by Mr. Alley. Q. You never paid in the month of March any money to the prisoner? - A. No, I never paid him myself, I sent it by Inman.
Court. Q. Inman was a clerk in your office; do you know who Gudgeon was hired by? - A. No.
Q. Do you know who James was hired by? - A. I do not.
Q. When you discharged him, did you discharge him in the name of Messrs. Holmes and Bough, or in the name of Inman? - A. In the name of Holmes and Bough.
Q. James and Gudgeon were both together in the work; how did you pay them, as master and man? - A. They were both considered as monial servants; both equal servants.
Mr. Alley. Q. Do you speak from your own knowledge? - A. I speak from my own knowledge; they were both servants to Messrs. Holmes and Bough.
THOMAS WARDEN sworn. - Examined by Mr. Gurney. Q You are one of the foremen to Messrs. Holmes and Bough? - A Yes.
Q. Do you remember Gudgeon and James being in their employ? - A I do; I hired them myself in the last year; I was the first man that was foreman that was down there; I hired them to serve Holmes and Bough; they continued in the service till they were discharged by the last witness.
Court. Q. What time did you hire them in? - A. At the latter end of the last year.
Q. Do you remember how many months they were employed altogether? - A. I really cannot.
Q. What wages were they hired for? - A. First of all, at 30 s per week, per man, and I paid them the money separate; and then I rose it to 40 s. and then I reduced it to 35 s per week; I never paid them their wages both together at one time in my life.
Cross-examined by Mr. Alley. Q. Did you ever pay them one farthing in the month of March last? - A. I cannot say I have.
JOHN WILLIAMS sworn. - Examined by Gurney. Q. You are a foreman to the lighterman; do you know James and Gudgeon? - A. Yes.
Q. For what length of time? - A. I cannot recollect, I have taken money to them.
JOSEPH INMAN sworn. - Examined by Mr. Gurney. Q. You are a servant to Messrs. Holmes and Bough;
were you so the latter part of last year and the beginning of this? - A. Yes.
Q. Were you employed in paying the servants of the London Docks? - A. I payed them at Greenwich; I paid James and Gudgeon both separate money, and they gave me separate receipts; they positively knew they were in the employ of Holmes and Bough; the payment of James and Gudgeon was transferred from Warden to me by Mr. Hollis.
Q. Did you, on the 3d of March last, make a bargain with them, intending to give Gudgeon 4 l. per week for himself and his man James? - A. I did not.
Q. Whom did the craft belong to in which they worked? - A. To Messrs. Holmes and Bough; they positively knew it; I have paid James separate and Gudgeon separate.
Q. You did not pay Gudgeon for both, as James being his servant? - A. I did not.
Q. On what account were they both discharged? - A. For damaging the craft; laying it in an improper place.
Q. Did James or Gudgeon make any application to you about the money being stopped about any oars? - A. Yes.
Q. You say you took receipts from the prisoner and from Gudgeon, when you paid them; shew me one of them? - A. Mr. Coombes has got them.
Court. Q. Did they know what you were? - A. Certainly, they knew I was agent or superintendant over the work for Messrs Holmes and Bough; I was paid 30 s. a week for my labour.
Q. Upon the oath you have taken, did you ever pay them any money after the 3d of March to the 31st of March? - A. I paid them money in the month of March; I will not answer to a day or an hour.
Q. You paid them separately, and they gave separate receipts? - A. Yes.
Q. You did not pay any money that you did not take receipts for? - A. I took no receipts besides them.
Q. Did you ever after the third of March pay one farthing to the prisoner or to Gudgeon? - A. I will not answer the question so close as that; I paid money after the third of March, but I will not swear to the day.
The receipts read in Court.
"March 3d, 1804, received of J. Inman, the sum of two pounds. Signed John James ." The other is signed John Gudgeon .
"March 3d. 1804, received of Mr. Inman, the sum of two pounds."
Mr. Alley. This is a most extraordinary thing to charge the defendant with perjury, because if perjury is imputed to any one, it ought to be imputed to a man against whom a verdict is recovered. If there were any interest on the part of the defendant it would be some thing; but there is not one single particle of interest in the defendant, nor even in Gudgeon; that I will shew you. An action was brought against the last witness, by a man of the name of Gudgeon; it was tried at Guildhall, in the month of June. and a verdict was recovered for work and labour performed by Gudgeon for the last witness. Inman.
JOHN GUDGEON sworn. - Examined by Mr. Alley. Q. What are you? - A. I am master of a vessel belonging to Mr. Wiggan, Blackwall.
Q. Do you know Inman? - A. Yes.
Q. Did Inman ever employ you to do any work? - A. Yes, on the 3d of March last, in putting craft ashore on the beds where the people leave the rubbish, at Greenwich; leastways where they put them on shore.
Q. In consequence of that, did you employ the prisoner at the bar? - A. I did; he continued to work with me for a month, from the 3d to the 31st of March.
Q. Had Inman said who was to pay you? - A. Inman told me he was to employ me, and was to pay me the money.
Q. Upon the oath you have taken, did you or did you not look to him for the payment of the money? - A. Exactly so; the prisoner James was present when the agreement was made; I called him for the purpose.
Q. You were the principal of the action when the action was tried in the Court of Exchequer? - A. Yes, I was present at the trial.
Q. When James swore that you were employed by Inman, did he swear false or true? - A. He swore not false, he swore true.
Cross-examined by Mr. Gurney. Q. James was your servant? - A. Yes.
Q. At that time what wages was Inman to give you? - A. Four pounds a week.
Q. From the 3d of March to the 31st, Inman agreed to give you 4 l. a week; you considered Inman as your master? - A. Certainly.
Q. The 3d of March last was the first of this kind of work you did? - A. No, I had worked before, I cannot tell how long; I might have worked for them from February.
Q. Did not you work for them in October, November, and December, in the craft? - A. No, I was at sea at the time, as my attorney knows; I am certain it was not before January; I rather think in February.
Q. Who was the first person that employed you? - A. Thomas Warden .
Q. And that was either in January or February? - A. Yes.
Q. He employed you for himself? - A. Certainly he employed me.
Q did he employ you on his own account? - A. I cannot swear what his meaning might be; he employed me, he was to pay me.
Court. Do not suppose yourself so cunning as to deceive others.
Mr. Gurney. Q. Did you not know that he employed you for Messrs. Holmes and Bough? - A. No.
Q. Take care Mr. Gudgeon, for half a dozen people will prove the contrary than you mean to swear, and have it taken down in writing, that you did not know, when Warden employed you; you did not know that it was Holmes and Bough that employed you? - A. No, I thought it was his money.
Q. You thought it was his money; and that is as true as all the rest you have sworn? - A. Yes; Mr. Inman decoyed me away from Warden.
Q. When Warden employed you, was James your servant then? - A. Yes, one week.
Q. Then James received his wages from you? - A. Yes.
Q. Then, when Inman paid you, you received 4 l. for yourself and man? - A. I received 4 l. the first week I worked for Inman; he said, Gudgeon, it will do as
well to give you a stamp and James a stamp; he gave us each a twopenny stamp, for want of a four-penny stamp.
Q. So for want of a fourpenny stamp he gave you two two-penny stamps? Who was his master? - A. He never told me who was his master, there are so many in the company.
Q. Did you ever see the names of Messrs. Holmes and Bough on the craft, or on the oars? - A. Yes.
Q. I thought you never knew the names before? Now you say you saw the names? - A. Yes; on some of them, I cannot tell how many.
Q. Half-a-dozen? - A. Yes.
Q. Were there not forty? - A. Very possibly there might.
Q. And you never conceived Inman or Warden were servants of Messrs. Holmes and Bough? - A. No.
Q. Then you were employed, together, about a couple of months? - A. Yes.
Q. You received four pounds from Warden, and you gave James his two pounds? - A. Yes; this John James is a man that has had a deal of trouble; he had not been able to satisfy his mistress, he did not serve the last year of his time; I said it was a pity such a good man should be out of work, I will take him into my craft; Thomas Warden said, you shall take him and work with him; he had been at work many months before me; he was summoned before the Waterman's Company, by a person of the name of Turner.
Q. What were you discharged for at last? - A. There was no turn off at all, I gave them a fortnight's warning; I went about my business because I could not get my money.
Q. Do you remember Inman telling you there must be a guinea stopped for a pair of oars, and six shillings for something else? - A. Yes; we put them on shore, and they said, they were not put on shore to their minds.
Q. Who stopped the guinea? - A. Mr. Inman; I asked Mr. Inman for a tick, and he sent me to Mr. Bough; he gave me a note, he said it was a tick for my money; I went to Mr. Bough, and he said he would have me the next day to the Police-office, and there he would make an example of me; I did not tell Mr. Bough I came for the money.
Court. Q. Whose oars were these that were lost? - A. It is uncertain, because there are many oars in the craft; I never saw the oars with my eyes at any time, I have seen as many other people's oars, with other people's names on them, in his craft.
Q. They are not the oars belonging to Inman? - A. No; Mr. Inman told me he would stop the money for the oars; I told him it was very hard that he should stop the money, but if it was legal I would pay it; they stopped the money because I would leave them.
Q. Did not you find out who these oars belonged to? - A. It is impossible, there is such a quantity of oars; these people told me they were to employ me, and pay me my wages; Thomas Warden paid me before the 3d of March; he did not tell me whose service I was in, he always paid me very honestly every Saturday night.
Q. Did not he tell you he hired you for Messrs. Holmes and Bough? - A. No.
Q. He has sworn it? - A. Then he is wrong.
The prisoner called six witnesses, who gave him a good character.
ANN ADAMS.
589. ANN ADAMS , alias RILEY , was indicted for a Misdemeanor .